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  • Acts
  • 2013
  • Chapter 73 AN ACT AUTHORIZING THE TOWN OF WELLESLEY TO CONVEY A CERTAIN PARCEL OF LAND FOR PARKING PURPOSES.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to convey forthwith certain land in the town of Wellesley, 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. (a) Notwithstanding section 4 of chapter 267 of the acts of 2002 or any other general or special law to the contrary, upon conveyance to the town of Wellesley of all or a portion of the Cochituate Aqueduct as authorized in section 1 of said chapter 267, the town may convey an 11,000± square foot portion of the aqueduct, to BIKE REALTY LLC, the owner of abutting land, for parking purposes if the town votes to transfer jurisdiction of a 30,667± square foot parcel of land, currently under the jurisdiction of the board of selectmen, to the natural resources commission of the town. The natural resources commission shall hold such land as parkland subject to the Article 97 Land Disposition Policy of the Executive Office of Energy and Environmental Affairs.
(b) The 11,000± square foot parcel to be conveyed by the town to BIKE REALTY LLC is shown on a plan entitled “0 Overbrook Drive – Site Plan of Land in Wellesley, Mass Prepared for the Comm. of Massachusetts” by David E. Ross Associates, Inc., dated May 2013.
(c) The 30,667± square foot parcel to be transferred to the natural resources commission is shown as Parcel A, containing 10,852 square feet, Parcel C, containing 7,163 square feet, and Lot 2, containing 12,652 square feet, as shown on a plan entitled “Subdivision Plan of Land, 17 Seaver Street, Wellesley, MA and Parcels to be conveyed to the Town of Wellesley” by David J. Hickey, Jr., P.E., Town Engineer, Town of Wellesley, Department of Public Works, April 19, 2012, and recorded with the Norfolk county registry of deeds in plan book 616, page 29.

SECTION 2. As shown on the plan referred to in section 1 of chapter 267 of the acts of 2002, the conveyance to the town of the portion of the aqueduct described in said section 1 of said chapter 267 shall be exclusive of the portion of the aqueduct which is within the limits of Worcester turnpike, United States highway route 9, title to which shall remain with the commonwealth.

SECTION 3. The exact boundaries of all parcels of land described in this act shall be established by the commissioner of capital asset management and maintenance. The independent appraisal required in section 2 of chapter 267 of the acts of 2002 shall determine the fair market value of the entire portion of the aqueduct authorized to be conveyed to the town and the consideration for such portion shall be the full and fair market value based upon any professional appraisals commissioned by the division of capital asset management and maintenance.

SECTION 4. Except as otherwise provided in this act, all other provisions of chapter 267 of the acts of 2002 shall remain in full force and effect.

Approved, August 21, 2013.