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Session Law

2008

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Chapter 2 AN ACT AUTHORIZING THE SALE OF A CERTAIN PARCEL OF LAND IN THE CITY OF WALTHAM TO SAID CITY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize the conveyance of certain land in the city of Waltham, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Notwithstanding sections 40F to 40J of chapter 7 of the General Laws or any other general or special law to the contrary, within 30 days after the effective date of this act, the commissioner of capital asset management and maintenance shall convey a certain parcel of state owned wetland in the city of Waltham to the city of Waltham; provided, however, that any deed conveying the parcel shall contain the restriction required pursuant to section 2. The parcel is identified as parcel “B” on a plan entitled, “Plan of Land in Waltham & Lexington, Massachusetts surveyed for City of Waltham”, prepared by Roberge Associates Land Surveying, 21 Mohawk Trail #283, Greenfield, Massachusetts, 01301, and dated June 15, 2006. The consideration for said conveyance shall be the full and fair market value of the parcel as determined by the commissioner of capital asset management and maintenance pursuant to an independent professional appraisal.

SECTION 2. The property described in section 1 shall be conveyed subject to a restriction limiting the use of the parcel to recreation purposes, conservation purposes, and flood control and relief measures, including, but not limited to, the placement of drainage lines. If at any time the property ceases to be used for the purposes described in this section, the property, upon notice by the commissioner of capital asset management and maintenance to the city, shall revert to the care and control of the commonwealth and any further disposition of the property shall be subject to chapter 7 of the General Laws.

SECTION 3. The inspector general shall review and approve the appraisal required pursuant to section 1. The inspector general shall prepare a report of his review of the methodology utilized for the appraisal and shall file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets. The commissioner of capital asset management and maintenance shall, 30 days before the execution of any conveyance authorized by this act or any subsequent amendment thereto, submit the proposed conveyance or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of his receipt of the proposed conveyance or amendment. The commissioner shall submit the proposed conveyance or amendment, and the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets at least 15 days before execution of the conveyance.

SECTION 4. The city of Waltham shall be responsible for all costs and expenses, including, but not limited to, costs associated with any engineering, surveys, appraisals and deed preparation related to the transfers and conveyances authorized in this act as such costs may be determined by the commissioner of capital asset management and maintenance. Upon conveyance of the parcel, the town shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.

Approved January 11, 2008


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