Governor Deval Patrick's Budget Recommendation - House 2 Fiscal Year 2011

Governor's Budget Recommendation FY 2011

Outside Section 33



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Expedited Disposition of Certain Surplus State Land

SECTION 33.   (a) In order to facilitate the reuse of the properties identified in subsection (b), and to generate non-tax revenues for the commonwealth, the commissioner of capital asset management and maintenance may, subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws but notwithstanding any other general or special law to the contrary, sell, lease for a term or terms of up to 99 years, including all renewals and extensions, or otherwise grant, convey, or transfer to 1 or more purchasers or lessees an interest in 1 or more of the properties listed in subsection (b), or portions of such properties, subject to this section and on the terms and conditions that the commissioner considers appropriate. The commissioner shall dispose of each property, or portions thereof, utilizing appropriate competitive processes and procedures. At least 30 days before the date on which bids, proposals, or other offers to purchase or lease a property, or any portion thereof, are due, the commissioner shall place a notice in the central register published by the state secretary under section 20A of chapter 9 of the General Laws stating the availability of the property, the nature of the competitive process and other information that he considers relevant, including the time, place and manner for the submission of bids, proposals and the opening thereof.

(b) This section shall apply to the following properties:-

(i)          That certain parcel of land located in the town of Agawam at 702 South Westfield street, containing approximately 4 acres, together with any buildings and structures thereon, formerly known as the western Massachusetts criminal justice training center, described in Book 915, Page 453, located in the Hampden Registry of Deeds, and further shown on Agawam assessors map E4 and lot 12.

(ii)          That certain parcel of land located in the town of Belchertown at 205 State street, containing approximately 7.5 acres, together with any buildings and structures thereon.

(iii)          Those certain parcels of land located in the East Boston section of the city of Boston at 20 Addison street and 600 Chelsea street, together with any buildings and structures thereon, shown as Lot 1 and Lot 3 on a plan entitled "East Boston Electric Shop, Central Maintenance Facility, Plan of Land Located in East Boston, Massachusetts, Suffolk County," prepared by Bryant Associates, Inc., dated February 7, 2002, revision date May 28, 2002, on file with the division, with the benefit of certain easements and appurtenances thereto as shown on said plan.

(iv)          Those certain parcels of land located in the Roxbury section of the city of Boston at 167 Centre street, containing approximately 8,496 square feet, together with any buildings and structures thereon, shown as Assessor's Block 55 bounded by Columbus avenue, New Heath street and Penryth street and as Assessor's Block 56 bounded by Columbus avenue, Centre street, and Penryth street.

(v)          That certain parcel of land located in the city of Chelsea at 24 Hillside avenue, containing approximately 0.15 acres, together with any buildings and structures thereon.

(vi)          That certain parcel of land located in the town of Danvers at 471 Maple street, containing approximately 0.367 acres, together with any buildings and structures thereon.

(vii)          That certain parcel of land located in town of Dartmouth at 262 State road, containing approximately 0.75 acres, together with any buildings and structures thereon, formerly known as the state police barracks.

(viii)          That certain parcel of land located in the town of Foxborough at 32 Payson road, together with any buildings and structures thereon,

(ix)          That certain parcel of land located in the town of Foxborough on Walnut street, containing approximately 16 acres, together with any buildings and structures thereon.

(x)           That certain parcel of land located in the city of Lawrence at 381 Common street, together with any buildings and structures thereon, formerly known as the Essex north district registry of deeds.

(xi)          That certain parcel of land located in the town of Marlborough at 525 Maple street, containing approximately 0.95 acres, together with any buildings and structures thereon, formerly known as the registry of motor vehicles.

(xii)          That certain parcel of land located in the town of Middleboro, containing approximately 34 acres of land, together with any buildings or structures thereon.

(xiii)           That certain parcel of land located in the city of New Bedford at 593 Kempton street, together with any buildings and structures thereon, formerly known as the Bristol county jail, described in book 2659, page 15, located in the Bristol county registry of deeds, and further shown on New Bedford assessors map 57, lot 201.

(xiv)          That certain parcel of land located in the city of New Bedford at 5 Sycamore street, together with any buildings and structures thereon formerly known as the New Bedford armory.

(xv)          That certain parcel of land located in the town of Norton between the east side of Hill street and the southerly side of South Washington street, containing approximately 45 acres, together with any buildings and structures thereon, being a portion of a parcel of land identified as "Area To Be Retained 63.9 Acres" shown on a plan entitled "Plan Showing Land In Norton, Mass. To Be Conveyed By The Commonwealth of Mass. To The Town Of Norton" on file with the division.

(xvi)          That certain parcel of land located in the town of Plymouth at 76 Court street together with any buildings and structures thereon, formerly known as the armory.

(xvii)          That certain parcel of land located in the city of Pittsfield at 359 East street, together with any buildings and structures thereon, formerly known as the "William Russell Allen House".

(xviii) Those certain parcels of land located in the town of Shrewsbury, together with any buildings and structures thereon, known as the Glavin regional center.

(xix)          That certain parcel of land located in the city of Springfield at 288 Tyler street containing approximately 0.25 acres together with any buildings and structures thereon.

(xx)          That certain parcel of land located in the town of West Boylston containing approximately 20 acres, together with any buildings and structures thereon, formerly known as the county hospital.

(xxi) Those certain parcels of land located at the former Lyman school for boys in the town of Westborough, together with any buildings and structures thereon, designated as parcels B, C, D, G and J, as generallydefined and described in sections 2, 3, 4, 7 and 10 of chapter 660 of the acts of 1987.

(c) The exact boundaries of each parcel described in subsection (b) shall be determined by the commissioner of capital asset management and maintenance after completion of a survey.

(d) Notwithstanding any general or special law to the contrary, the grantee or lessee of any property identified in this section shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the conveyance authorized pursuant to this section as such costs may be determined by the commissioner of capital asset management and maintenance.

(e) The commissioner may retain or grant rights of way or easements for access, egress, utilities and drainage across each parcel and across other commonwealth property contiguous to each parcel, and the commonwealth may accept from any developer or developers rights of way or easements in roadways or across a parcel to be conveyed by deed or leased pursuant to this section for the purposes of access, egress, drainage and utilities as the commissioner considers necessary and appropriate to carry out this section.

(f) Each parcel shall be conveyed by deed or leased by lease without warranties or representations by the commonwealth. Notwithstanding any general or special law to the contrary, the proceeds of all conveyances under this section shall be deposited in the General Fund.

(g) Chapter 421 of the acts of 1991 and chapter 305 of the acts of 1994 are hereby repealed.

(h) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance may transfer to the Massachusetts department of transportation care and custody of a portion of that certain parcel of land designated as parcel L in section 5 of chapter 660 of the acts of 1987. This transfer shall be subject to easements or restrictions that the commissioner may select, shall be without consideration, and shall not be subject to chapter 7 of the General Laws.
 
 

Summary:
This section authorizes DCAM to sell or lease 21 designated state properties that are surplus to current and foreseeable needs in order to generate non-tax revenue for the Commonwealth, to facilitate the productive use of the properties, and to return the properties to local property tax rolls. This section requires that any disposition be done using an open, competitive process.



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