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 may notwithstanding the provisions of sections 40E to 40J,
inclusive, of
chapter 7 of the General Laws, sell and convey by deed a parcel
of
state-owned land located in the town of New Braintree to the town of New
Braintree, subject to this act.
The parcel, containing 12.60 acres, more or less, is shown on a plan entitled
"Preliminary Plan of Land in New Braintree, MA, Owned by: Commonwealth of
Massachusetts Division of Capital Asset Management Being Conveyed to the Town
of
New Braintree" dated March 10, 1998, prepared by Donald A. Para, Land
Surveying
Inc., on file in the office of the division of capital asset management and
maintenance in this act referred to as the "parcel". The exact boundaries of
the parcel shall be
determined by the commissioner after completion of a survey.
SECTION 2.
The consideration to be paid by the town of New Braintree
for the
parcel described in section 1
shall be the full and fair market value of the interests as determined by the
commissioner
as determined by an independent appraisal. Said inspector general shall review
and approve the
appraisal
and the review shall include an examination of the methodology utilized for the
appraisal. Said inspector general shall prepare a report of his review and
file
the report with the commissioner for submission to the house and senate
committees on ways and means and the house and senate chairmen of the joint
committee on state administration.
SECTION 3.
No deed conveying the parcel to the town of New Braintree
on behalf
of the commonwealth shall be valid unless the deed provides that the parcel
shall
be used only for a public safety complex to be constructed by the town. The
deed shall further provide that title to the parcel shall
revert
to the commonwealth in the event that the parcel ceases to be used solely for
said purpose. Said deed shall reserve to the commonwealth perpetual easements
for
the installation, operation, maintenance, repair and replacement of any
utilities
located on the parcel and benefiting the commonwealth's state police training
academy located on West Brookfield road in the town.
SECTION 4.
The commissioner of the division of capital asset
management and maintenance may sell water to the town of New
Braintree for the
purpose of providing drinking water and fire protection to the public safety
complex subject to the following conditions: (a) said commissioner shall have
determined that such sale shall not adversely affect the commonwealth state
police training academy, (b) said town shall pay the
commonwealth
fair market value for water used by the public safety complex, as such fair
market value may be established from time to time by said commissioner, (c)
said
town shall be responsible for all water quality testing and
(d)
said town shall hold harmless the commonwealth of any and all
liability
in this regard and will fund any and all construction costs, costs for water
quality testing, metering and associated costs of such provision of water to
the
public safety complex.
SECTION 5.
The town of New Braintree shall be responsible for the
costs of any
appraisals, surveys, including, without limitation, the costs of preparing a
recordable plan and the costs of recording the plan with the appropriate
registry
of deeds or filing the plan with the appropriate registry district of the land
court, and other expenses relating to the transfer of the parcel deemed
necessary
by the commissioner for the conveyance of the parcel to said town.
Approved September 14, 2000.