AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND IN THE TOWN OF STONEHAM
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 32 to 38, inclusive, of chapter 7C of the General Laws or any general or special law to the contrary and pursuant to such additional terms and conditions as the commissioner of capital asset management and maintenance may prescribe, the division of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may dispose by sale through an open and competitive process in accordance with section 36 of said chapter 7C of the General Laws a parcel of land located on Lynn Fells parkway in the town of Stoneham, currently under the care, custody and control of the department of conservation and recreation. Said parcel contains 25,011± square feet and is described in certificate of title number 225345 in the land registration office of the Middlesex south district registry of deeds in registration book 1256, page 195, and shown as Lot 8 on land court plan 34101-C.
SECTION 2. As a condition for the conveyance authorized in section 1, the parcel shall be subject to a permanent easement, to be under the care, custody and control of the department of conservation and recreation, requiring the grantee of the land to make available and maintain at the grantee’s expense 10 parking spaces on the parcel in an accessible location which shall be available for use by the public during the hours the Middlesex Fells Reservation is open, as set by the department, with the location of the parking spaces to be determined and configured by the grantee, subject to the reasonable approval of the department. No deed conveying the parcel of land from the commonwealth pursuant to section 1 shall be valid unless the easement is established and registered.
SECTION 3. The consideration for the conveyance authorized by section 1 shall be the full and fair market value of the parcel, as encumbered by the easement required pursuant to section 2, as determined by an independent professional appraisal to be prepared in accordance with usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. The commissioner shall enter into a contract with a qualified appraiser within 180 days of the effective date of this act, subject to the availability of funds. The commissioner shall advertise the sale of the property pursuant to section 36 of chapter 7C of the General Laws within 1 year after the effective date of this act or within 60 days from the receipt of the appraisal, whichever is later. Notwithstanding any general or special law to the contrary, the grantee of the parcel shall be responsible for all costs and expenses, including, but not limited to, costs associated with any engineering, survey, appraisal, and deed preparation related to the conveyance as those costs may be determined by the commissioner of capital asset management and maintenance.
The appraisal required by this section shall be subject to the review and approval of the inspector general and such review shall include an examination of the methodology utilized for the appraisal. After receiving an appraisal, the inspector general shall prepare a report of the review and file the report with the division of capital asset management and maintenance. After receiving the inspector general’s report and at least 15 days prior to any deed being executed concerning the parcel, the division shall submit the report to the house and senate committees on ways and means and the house and senate committees on bonding, capital expenditures and state assets.
SECTION 4. The consideration received for the sale of the parcel shall be allocated by the commonwealth, with 95 per cent to be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws, and the remaining 5 per cent to be paid over to the town of Stoneham.
Approved, August 9, 2016