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  • Acts
  • 2008
  • Chapter 448 AN ACT CONVEYING CERTAIN PROPERTY IN THE CITY OF WORCESTER TO COMMUNITY HEALTHLINK, INC.

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. The commissioner of capital asset management and maintenance, in consultation with the commissioner of mental health, in furtherance of the purpose of chapter 300 of the acts of 1962 and notwithstanding section 40H of chapter 7 of the General Laws, may convey to Community Healthlink, Inc., a charitable corporation organized under the laws of the commonwealth, a parcel of land and the building thereon, known as the Worcester Youth Guidance Center, located on the grounds of Worcester state hospital, to be used by the corporation to provide mental health services to children and adults with serious mental illness residing in central Massachusetts. The conveyance shall include the access road known as Dorista Goldberry drive to the point where it connects to the hospital road, and sufficient land to provide for parking and appurtenant uses, is shown on a plan on file with the division of capital asset management and maintenance. The exact acreage and boundaries of the property to be conveyed as described above shall be determined by the commissioner, in consultation with the department of mental health, after completion of a survey.

SECTION 2. Ownership and control of the parcel of land authorized to be conveyed in section 1 shall, upon notification to Community Healthlink, Inc. and recording of such notice with the Worcester registry of deeds, revert to the commonwealth whenever the parcel of land ceases to be used for the purpose of providing mental health services, as provided in section 1.

SECTION 3. The price paid by Community Healthlink, Inc. for the conveyance pursuant to section 1 shall be the full and fair market value for such use of the parcel, taking into account the use restrictions and reverter provisions of this act, as determined by the commissioner of capital asset management and maintenance based on an independent appraisal. In accordance with chapter 300 of the acts of 1962, the price shall be adjusted to deduct therefrom the value of the building on the parcel, in recognition of the fact that the funds used for the construction of the building were not funds of the commonwealth, but were raised or obtained by Community Healthlink, Inc., or its predecessor. The inspector general shall review and approve the appraisal, and this review shall include a review of the methodology used for the appraisal. In no instance in which the commonwealth maintains responsibility for maintaining the disposition parcel or portion thereof shall the terms provide for payment of less than the annual maintenance costs. All monies paid to the commonwealth as a result of this act shall be deposited into the General Fund.

SECTION 4. Community Healthlink, Inc. shall be responsible, at its sole cost and expense, for all utility services to the Worcester Youth Guidance Center, provided that the commissioner shall determine, in cooperation with Community Healthlink, Inc. and in consultation with the commissioner of mental health, the most feasible manner in which existing service and connections shall be transferred or severed.

SECTION 5. Community Healthlink, Inc. shall be responsible, at its sole cost and expense, for snowplowing and other maintenance of so much of any access road, parking lot, landscaping and grounds as the commissioner of mental health may specify from time to time.

SECTION 6. Community Healthlink, Inc. shall pay for the cost of all utility severance studies, appraisals, surveys and deed preparation for the conveyance authorized by this act as considered necessary by the commissioner.

SECTION 7. The commissioner of capital asset management and maintenance may retain rights of way or easements across, on, under or above land conveyed pursuant to section 1 for access, egress, utilities, drainage and other purposes in such locations and on such terms and conditions as the commissioner deems reasonable or appropriate. The commissioner of capital asset management and maintenance may grant to Community Healthlink, Inc. such rights of way or easements across, on, under or above other commonwealth property for access, egress, utilities, drainage and other purposes in such locations and on such terms and conditions as the commissioner deems reasonable or appropriate.

SECTION 8. The division may grant easements to the city of Worcester for all purposes for which public ways may be used in the city of Worcester and to Community Healthlink, Inc. for vehicular and pedestrian access and utilities, all in order to effectuate the purposes of this act.

Approved December 30, 2008