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  • Acts
  • 2009
  • Chapter 55 AN ACT RELATIVE TO THE DISPOSITION OF PROPERTY IN THE TOWN OF WESTBOROUGH

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the release of a use restriction on certain land in the town of Westborough, 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. The first paragraph of section 5 of chapter 660 of the acts of 1987 is hereby amended by striking out, in lines 11 to 13, inclusive, the words “, and the condition that the property shall revert to the commonwealth if it is no longer used for the aforementioned purposes”.

SECTION 2.
Notwithstanding said section 5 of said chapter 660 of the acts of 1987 or any other general or special law to the contrary, the Massachusetts historical commission shall release any preservation restriction held by the commission on the parcel designated as Parcel E in said section 5 of said chapter 660, including any improvements and which was conveyed to the town of Westborough by the commonwealth on November 16, 1990 and recorded in the Worcester county registry of deeds in book 13114, page 166. The property is located on the northern side of route 9, or Turnpike road, and is more commonly known as the “Nathan Fisher House Property”.

SECTION 2A.
The first sentence of section 6 of said chapter 660 is hereby amended by striking out, in line 6, the words “nursery and” and inserting in place, thereof the following words:- nursery, a municipal firing range or.

SECTION 2B.
The commissioner of capital asset management and maintenance may execute and deliver to the town of Westborough such amended deed, in accordance with section 6 of chapter 660 of the acts of 1987, or other document as the commissioner deems reasonable and appropriate to effect the purposes of section 2A.

SECTION 3.
Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance shall release any restriction on use and any reversionary interest held by the commonwealth in the portion of that parcel designated as Parcel L in section 12 of said chapter 660 which portion was conveyed to the town of Westborough on March 8, 2002 and recorded in the Worcester county registry of deeds in book 26273, page 391.

SECTION 4.
The town of Westborough may dispose of said Parcels E and L in a manner consistent with public bidding laws, and, notwithstanding any general or special law to the contrary, subject to section 4, may use the proceeds of any such disposition in any manner.

SECTION 5.
In consideration for the releases set forth in sections 2 and 3, upon any disposition of said Parcels E and L, or either of them, by the town of Westborough, the town shall pay to the commonwealth 50 per cent of the net cash proceeds from the sale, lease or other disposition of said parcels; said payment to the commonwealth shall include $22,000 to the Massachusetts historical commission as repayment of the Massachusetts Preservation Projects Fund grant received by the town of Westborough from the Massachusetts historical commission.
For the purposes of this section, “net cash proceeds” shall mean all payments paid to the town of Westborough as and when paid, less any transaction-related expenses incurred by the town of Westborough for which it is not otherwise reimbursed. The town of Westborough shall be entitled to reimbursement from the gross proceeds for expenses reasonably incurred by the town in connection with the custody, preparation of the parcels for sale, lease or other disposition, and reasonable transaction costs relating to the sale, lease or other disposition of said parcels.

Approved August 4, 2009.