AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND TO THE SCHOOL DEPARTMENT IN THE CITY OF WESTFIELD
Whereas,The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the division of capital asset management and maintenance to convey a certain parcel of land to the city of Westfield, 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. Chapter 660 of the acts of 1951 is hereby repealed.
SECTION 2. Notwithstanding sections 32 to 37, inclusive, of chapter 7C 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 military division, may convey a certain parcel of land in the city of Westfield and formerly used as armory land to the school department of the city of Westfield for school purposes. The parcel contains approximately 0.405 acres of land, is a portion of the land that was conveyed to the commonwealth by deed recorded in the Hampden registry of deeds in book 1514, page 22 and is shown as “Fourth Parcel” on a plan of land entitled “Franklin Street School”, dated July 1951 and recorded in the Hampden registry of deeds in plan book 36, page 98. The conveyance shall be subject to such additional conditions and restrictions as the commissioner of capital asset management and maintenance, in consultation with the military division, may determine.
SECTION 3. The consideration for the conveyance of the parcel or interests described in section 2 shall be $1. Pursuant to section 113 of chapter 33 of the General Laws, any monetary payments made to the commonwealth as a result of the conveyance authorized by this act shall be deposited in a real property expendable trust established by the secretary of public safety and security for the military division pursuant to section 6 of chapter 6A of the General Laws and 801 CMR 50.00 et seq.
SECTION 4. Notwithstanding any general or special law to the contrary, the school department of the city of Westfield shall be responsible for all costs and expenses of any transaction authorized by this act as determined by the commissioner of capital asset management and maintenance, including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation.
SECTION 5. No instrument executed pursuant to this act shall be valid unless it provides that the area conveyed shall be used solely for the purposes described in section 2. An instrument pursuant to said section 2 shall include a reversionary clause that stipulates that the property shall revert to the commonwealth and be assigned to the care, custody and control of the military division, upon such terms and conditions as the commissioner of capital asset management and maintenance may determine if the property ceases to be used for the express purposes authorized in this act. If any interest reverts to the commonwealth, any further disposition shall be subject to sections 34 to 37, inclusive, of chapter 7C of the General Laws and the prior approval of the general court.
SECTION 6. The commissioner of capital asset management and maintenance shall establish the value of the property for both the highest and best use of the property as currently encumbered and for the purposes described in section 2. If the consideration for the parcel conveyed in section 2 is less than fair market value, the commissioner shall place notice in the central register of the conveyance, the amount of the transaction and the difference between the calculated value and the price received.
Approved, October 31, 2022.