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 capital asset management and maintenance
may, notwithstanding sections 40E to 40I, inclusive, of chapter
7 of the General Laws, convey a permanent easement in land of the commonwealth
acquired for educational purposes located in the city of Fitchburg to Francis
and Carleta Driscoll. Said easements are shown on a plan of land entitled "Plan
of Land in Fitchburg, MA prepared for Murray Brothers Construction, Inc.", dated
January 5, 2001 prepared by Whitman & Bingham Associates, Inc.
SECTION 2.
The consideration paid by Francis and Carleta Driscoll for
the
easements shall be the full and fair market value of the property determined by
the commissioner of capital asset management and maintenance
based upon the independent appraisal, for the use as described herein. The
inspector general shall review and approve the appraisal and the review shall
include a review of methodology utilized for the appraisal. Said inspector
general shall prepare a report of his review and file the report with said
commissioner for submission to the house and senate committees on ways and
means
and chairmen of the joint committee on state administration in accordance with
section 5.
SECTION 3.
Francis and Carleta Driscoll shall be responsible for any
costs for
appraisals, surveys and other expenses relating to the transfer of the
easements,
or for any costs and liabilities and expenses of any nature and kind for their
maintenance and operation.
SECTION 4.
The sale price paid as consideration pursuant to
section 2 shall be
deposited in the General Fund.
SECTION 5.
The commissioner of capital asset management and
maintenance 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 before
execution.
Approved August 21, 2002.