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 Fitchburg,
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 commissioner of the division of capital asset
management and maintenance
shall convey to the city of Fitchburg by deed approved as to form by the
attorney general certain parcels of land in the city of Fitchburg, more
particularly described below, subject to such terms and conditions as the
commissioner may prescribe in consultation with the department of environmental
management.
The parcels to be conveyed are parcels 10 and 11 as shown on a plan entitled
"Plan of Taking Land in City of Fitchburg" dated June 20, 1997, by Whitman
and Bingham and recorded in the Worcester north registry of deeds, plan book
396, page
24. Also to be conveyed are parcels 12, 16, 13, 14, 21 and 17, as shown on a
plan
entitled "Plan of Taking Land in the City of Fitchburg", dated September 3,
1998,
by Whitman and Bingham Associates, Inc., said plan being recorded in said
registry of
deeds, plan book 399, page 14.
Said parcels shall be used for
the widening of North street in the city of Fitchburg;.
SECTION 2. There shall be an independent appraisal for the use
described herein
of the fair market value of each parcel conveyed by the commonwealth to the
city
of Fitchburg. The inspector general shall review and approve said appraisal
and
said review shall include an examination of the methodology used for said
appraisal. Said inspector general shall prepare a report of his review and
file
said report with the commissioner of capital asset management
and maintenance for submission to the house and senate
committees on ways and means and chairmen of the joint committee on state
administration. The amount of consideration for each parcel to be conveyed
shall
be the full and fair market value of each such parcel, as determined by said
commissioner in accordance with procedures
customarily accepted by the appraising profession. The consideration for
said parcels shall take into account the obligations placed on said city of
Fitchburg and the benefits to said city, the surrounding communities and to the
commonwealth. Said commissioner shall 30 days before the execution of any
agreement authorized by this act, or any subsequent amendment thereof, submit
the
agreement or amendment and a report thereon to the inspector general for his
review and comment. Said inspector general shall issue his review and comment
within 15 days of receipt of any agreement or amendment. Said commissioner
shall submit the agreement and any subsequent amendments thereof, the reports,
and the comments of said inspector general, if any, to the house and senate
committees on ways and means and the chairmen of the joint committee on state
administration at least 15 days prior to execution.
SECTION 3.
The city of Fitchburg shall pay all expenses associated
with and any
cost of appraisals, surveys, and other expenses related to the transfer of
land,
and any cost and liabilities and expenses of any kind for its ownership,
maintenance or operation.
SECTION 4.
In the event that the parcel of land conveyed by
section 1 of this
act is not used for improvements to North street in the city of Fitchburg, or
the
conditions or restrictions to said conveyance are not fulfilled, title to all
interests in said parcel of land shall revert to the commonwealth.
Approved August 10, 2000.