By Mr. Leary of Worcester, petition (accompanied by bill, House, No. 40) of James B. Leary and others authorizing the Division of Capital Asset management and Maintenance to convey a certain parcel of land in the city of Worcester.  Bonding, Capital Expenditures and State Assets.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


James B. Leary

Edward M. Augustus, Jr.

Harriette L. Chandler

John P. Fresolo

 

 


 

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In the Year Two Thousand and Seven.

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 An Act AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND IN THE CITY OF WORCESTER.

 

    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 329 of the acts of 1994 is hereby amended by striking out section 4 and inserting in place thereof the following sections:

 

SECTION 4. The Worcester Business Development Corporation shall be responsible for all costs and expenses of the transfers and transactions authorized by section 4A, section 4B and section 4C as determined by the commissioner of the division of capital asset management and maintenance, and shall assume all costs associated with any engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the transfers and conveyances authorized by this act. Parcel B shall be sold in its existing condition without any warranty by the commonwealth.

 

SECTION 4A. The commissioner of the division of capital asset management and maintenance, formerly the division of capital planning and operations, acting in consultation with the commissioner of the department of agricultural resources, formerly the department of food and agriculture, is hereby authorized, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, and may transfer the care and control of a certain parcel of land identified as Parcel B, totaling 35 acres of land more or less that is shown generally on a plan entitled “Plan of Property in Worcester Massachusetts for Worcester Business Development Corporation, Scale 1”=100’, June 8, 1983, revised June 17, 1983”, and drawn by Thompson-Liston Associates, Inc., to the division of capital asset management and maintenance.  Parcel B is more fully and particularly described as beginning at a point on the westerly side of Plantation Street at the most southeasterly corner of the parcel and shown as the most Northeasterly corner of Parcel 10 on the Amended Definitive Subdivision Plan of Land recorded at the Worcester District Registry of Deeds in Plan Book 633, Plan 78 and thereafter bounded and described as follows:  

 

THENCE N. 71° 47’ 26” W. along land known as Parcel 10, a distance of nine hundred twenty-one and 45/100 (921.45) feet to a point on a stone wall;

THENCE N. 15° 38’ 45” W. following a stone wall, a distance of four hundred seventy-five and 09/100 (475.09) feet to a point at the end of a stone wall;

THENCE N. 83° 00’ 00” W., a distance of four hundred sixty-one and 28/10 (461.28) feet to a point at the end of a stone wall;

THENCE N. 21° 04’ 00” W. along a stone wall, a distance of two hundred eighty- seven and 35/100 (287.35) feet to an angle in the stone wall;

THENCE N. 52° 10’ 50” W. continuing along the stone wall, a distance of two hundred forty-seven and 05/100 (247.05) feet to an angle in the stone wall;

THENCE N. 34° 56’ 10” E. continuing along the stone wall, a distance of twenty- two and 29/100 (22.29) feet to an angle in the stone wall;

THENCE N. 66° 40’ 00” E. continuing along the stone wall, a distance of eight hundred thirty-three and 90/100 (833.90) feet to an angle in the stone wall;

THENCE S. 43° 22’ 40” E. continuing along the stone wall, a distance of seven hundred thirty-nine and 50/100 (739.50) feet to an angle in the stone wall;

 THENCE S. 67° 21’ 50” E. continuing along the stone wall, a distance of seven hundred thirty and 17/100 (730.17) feet to a point on the westerly sideline of Plantation street;

THENCE along the westerly sideline of Plantation Street, in part by a stone wall, the following four (4) courses:

S. 18° 21’ 30” W., a distance of eighty-seven and 41/100 (87.41) feet to a point;

S. 15° 19’ 30” W., a distance of two hundred thirty-eight and 20/100 (238.20) feet to a point;

S. 10° 37’ 00” W., a distance of two hundred seventy-one and 77/100 (271.77) feet to a point; and

S. 19° 17’ 00”, a distance of one hundred eighty-one and 70/100 (181.70) feet to the point of beginning.

Containing 32.4086 acres, more or less.

 

The exact boundaries of the parcel shall be determined by the commissioner in

consultation with the department of agricultural resources after completion of a survey.

 

Parcel B’s present use is for agricultural purposes including those described in sections thirteen to nineteen, inclusive, of chapter twenty of the General Laws, and for the development of a farmer’s market to enhance commercial agriculture in the central Massachusetts region as defined in section two of chapter three hundred and seventeen of the acts of nineteen hundred and eighty-three.  Parcel B’s future use shall be for medical or technological related purposes such as, but not limited to, medical optics, pharmaceutical research and production, bio-technology or bio-engineering and support services which enhance the economic development of the adjacent research and development park.  No transfer, by or on behalf of the commonwealth, of Parcel B described beforehand shall be valid unless the transfer provides that Parcel B shall be used solely for the aforesaid purposes.

 

SECTION 4B. In consideration for the loss of Parcel B that was dedicated for agricultural purposes, the commissioner of the division of capital asset management and maintenance is hereby authorized, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, and may transfer, subject to such terms and conditions as the commissioner may prescribe, to the department of agricultural resources the following parcels of land to be used for agricultural purposes subject to  article XCVII of the amendments to the constitution:

 

a)       A certain parcel of state-owned land located in the town of Agawam containing approximately 12 acres of land, being a portion of a tract of land containing approximately 49.2 acres of land and described in a deed recorded in book 915, page 453, in the Hampden district of the registry of deeds. Said parcel is located westerly of South Westfield street, easterly of Pine street, and bounded on the east by the Criminal Justice Training Center parking area, on the north by property now or formerly owned by Thomas Burke, and on the south by property now or formerly of W. Halliday.  The parcel of land is currently under the care and control of the division of capital asset management and maintenance and is managed by the department of agricultural resources for agricultural purposes, including the proper conservation and utilization of open spaces as when held by said abolished Hampden County.  The exact boundaries of the parcel shall be determined by the commissioner in consultation with the department of agricultural resources after completion of a survey.

 

b)       Certain parcel(s) of state-owned land located in the towns of Lakeville and Middleborough, and described within Lakeville Assessors Map 62-1, parcel 17; Map 62-3, parcel 38, Map 63-2, parcel 2 located on the southerly side of Bridge Street, southeasterly off of Route 105 and Middleborough assessors map 64, parcel 126 located on the southeasterly side off of South Main Street.   The parcel(s) of land are currently under the care and control of the department of mental health and managed by the department of agricultural resources for agricultural purposes.  The parcels were formerly part of Taunton state hospital’s agricultural farmlands.  The exact boundaries of the parcels shall be determined by the commissioner in consultation with the department of mental health after completion of a survey.

 

SECTION 4C. The commissioner of the division of capital asset management and maintenance, upon the transfer of the care and control of the parcels of state-owned land described in section 4B, is hereby authorized, notwithstanding section 40H of chapter 7 of the General Laws, and may sell and convey by deed or lease to the Worcester Business Development Corporation, established by chapter six hundred of the acts of nineteen hundred and sixty-five, Parcel B located on Plantation Street in the city of Worcester for medical or technological related purposes such as, but not limited to, medical optics, pharmaceutical research and production, bio-technology or bio-engineering and support services which enhance the economic development of the adjacent research and development park. Parcel B is further and fully described as beginning at a point on the westerly sideline of Plantation Street at the most Southeasterly corner of the parcel and which part is also shown as the most northeasterly corner of Parcel 10 on the Amended Definitive Subdivision Plan of Land recorded at Worcester District Registry of Deeds in Plan Book 633, Plan 78 and thereafter bounded and described as follows:

 

THENCE N. 71° 47’ 26” W. along land known as Parcel 10, a distance of nine hundred twenty-one and 45/100 (921.45) feet to a point on a stone wall;

THENCE N. 15° 38’ 45” W. following a stone wall, a distance of four hundred seventy-five and 09/100 (475.09) feet to a point at the end of a stone wall;

THENCE N. 83° 00’ 00” W., a distance of four hundred sixty-one and 28/10 (461.28) feet to a point at the end of a stone wall;

THENCE N. 21° 04’ 00” W. along a stone wall, a distance of two hundred eighty- seven and 35/100 (287.35) feet to an angle in the stone wall;

THENCE N. 52° 10’ 50” W. continuing along the stone wall, a distance of two hundred forty-seven and 05/100 (247.05) feet to an angle in the stone wall;

THENCE N. 34° 56’ 10” E. continuing along the stone wall, a distance of twenty- two and 29/100 (22.29) feet to an angle in the stone wall;

THENCE N. 66° 40’ 00” E. continuing along the stone wall, a distance of eight hundred thirty-three and 90/100 (833.90) feet to an angle in the stone wall;

THENCE S. 43° 22’ 40” E. continuing along the stone wall, a distance of seven hundred thirty-nine and 50/100 (739.50) feet to an angle in the stone wall;

THENCE S. 67° 21’ 50” E. continuing along the stone wall, a distance of seven hundred thirty and 17/100 (730.17) feet to a point on the westerly sideline of Plantation street;

THENCE along the westerly sideline of Plantation Street, in part by a stone wall, the following four (4) courses:

S. 18° 21’ 30” W., a distance of eighty-seven and 41/100 (87.41) feet to a point;

S. 15° 19’ 30” W., a distance of two hundred thirty-eight and 20/100 (238.20) feet to a point;

S. 10° 37’ 00” W., a distance of two hundred seventy-one and 77/100 (271.77) feet to a point; and

S. 19° 17’ 00”, a distance of one hundred eighty-one and 70/100 (181.70) feet to the point of beginning.

Containing 32.4086 acres, more or less.

 

The exact boundaries of the parcel shall be determined by the commissioner in consultation with the department of agricultural resources after completion of a survey.

 

SECTION 4D.  The Worcester Business Development Corporation is authorized to sell all or portions of Parcel B, subject to the provisions of chapter six hundred of the acts of nineteen hundred and sixty-five, provided that such sale(s) shall restrict future use of said land to medical or technological related purposes such as, but not limited to, medical optics, pharmaceutical research and production, bio-technology or bio-engineering and support services which enhance the economic development of the adjacent research and development park or such sales to the owners of the adjacent research and development park for purposes of drainage facilities and snow removal.  The deed to said corporation may also grant to said corporation rights of way over certain roadways to be retained by the commonwealth on adjoining land and also provide the commonwealth with similar rights of way over roadways to be constructed by said corporation with Parcel B.  The conveyance of Parcel B shall be further subject to such terms and conditions as the commissioner may prescribe which shall at a minimum include the requirements of  sections four (a), four (c), four (d), four (e) and four (f) of Chapter three hundred eighteen of the acts of nineteen hundred eighty three.

 

SECTION 4E.  The consideration for the conveyance authorized by section 4C shall be the full and fair market value or its value in use as proposed, whichever is greater, of said Parcel B as determined by the commissioner of the division of capital asset management and maintenance based upon one or more independent professional appraisals.  The inspector general shall review and approve the appraisal(s). The inspector general shall prepare a report of his review of the methodology utilized for the appraisal(s). The 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 the chairmen of the joint committee on bonding, bonding, capital expenditures and state assets in accordance with this section. The commissioner shall, 30 days before the execution of any deed authorized by section 4C, or any subsequent amendment thereto, submit the deed or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the deed and any subsequent amendments thereto, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets at least 15 days prior to execution.

 

SECTION 4. The Worcester Business Development Corporation shall be responsible for all costs and expenses of the transfers and transactions authorized by section 4A, section 4B and section 4C as determined by the commissioner of the division of capital asset management and maintenance, and shall assume all costs associated with any engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the transfers and conveyances authorized by this act. Parcel B shall be sold in its existing condition without any warranty by the commonwealth.

 

SECTION 5.  This act shall take effect upon its passage.