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Session Law

2008

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Chapter 40 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO EXCHANGE CERTAIN LAND IN THE TOWN OF NEEDHAM.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for the exchange of certain land in the town of Needham, 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 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of highways, shall convey to George Berejik, trustee of BMI Realty Trust, created under declaration of trust dated August 7, 1998, and filed with the registered land section of the Norfolk county registry of deeds as document number 801311, a certain parcel of land located in the town of Needham currently under the care and control of the department of highways and used for highway purposes. The parcel consists of approximately 26 square feet and is shown as lot 1 on a plan of land entitled, “100&120 Highland Avenue, Needham, Mass.”, prepared for Needham Gateway LLC by Otte & Dwyer, Inc. Land Surveyors, dated April 11, 2007, which shall be recorded in the Norfolk county registry of deeds.

SECTION 2. In partial consideration for the conveyance authorized in section 1, George Berejik, trustee of BMI Realty Trust shall convey to the commonwealth a certain parcel of land located in the town of Needham containing approximately 31 square feet and shown as lot 2 on the plan described in section 1.

SECTION 3. In further consideration for the conveyance authorized in section 1, George Berejik, trustee of BMI Realty Trust, shall pay to the commonwealth a sum, as determined by an independent appraisal, that represents the amount by which the full and fair market value of the property described in said section 1 exceeds the full and fair market value of the property described in section 2.

SECTION 4. George Berejik, trustee of BMI Realty Trust, shall assume the cost of any appraisals, surveys, deed preparation and other expenses considered necessary by the commissioner of the division of capital asset management and maintenance to execute the conveyance authorized by this act.

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Approved February 21 , 2008


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