The Commonwealth of Massachusetts
——————
PETITION OF:
——————
In the Year Two Thousand and Seven.
——————
|
An Act authorizing the commissioner of the division of capital asset management and maintenance to convey certain land to sullivan and mclaughlin companies, inc. . |
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, in consultation with the commissioner of the department of conservation and recreation may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, by deed approved as to form by the attorney general, convey certain property located on Tenean Street in the city of Boston, including any and all rights-of-way and easements appurtenant thereto, which is currently under the control of and used by the department of conservation and recreation for recreation and natural resource purposes, to Sullivan & McLaughlin Companies, Inc., or its nominees, successors and assigns, subject to the provisions of section 2 of this act. Said parcel is more particularly described as being all or a portion of Parcel 2 in the “Order of Taking, Commonwealth of Massachusetts, Metropolitan District Commission” dated January 18, 1962, recorded at the Suffolk Registry of Deeds in Book 7624, Page 579 and shown on the plan made a part thereof and recorded therewith entitled: “Commonwealth of Massachusetts, Metropolitan District Commission, Parks Division, William T. Morrissey Boulevard, Boston (Dorchester District), Plan of Land to be Taken from the City of Boston Board of Park Commissioners under the provisions of Chapter 509, Acts of 1949, * * * January 17, 1962, Benjamin W. Fink, Director of Park Engineering,” being plan accession number 40251-V.T. This parcel shall be conveyed by deed without warranties or representations by the commonwealth; provided, further, that the commissioner shall grant within thirty days of the effective date of this act a temporary lease or license for the aforementioned property at a nominal amount to Sullivan & McLaughlin Companies, Inc. that will permit them full and complete access to and control of said property until the provisions of section 2 have been met. The commissioner shall determine the exact boundaries and acreage of the parcel based upon a survey of the parcel.
SECTION 2. There shall be an independent appraisal of the conveyance described in section 1 to be conveyed as authorized by this act to determine the full and fair market value based upon a professional appraisal as commissioned by the commissioner of capital asset management and maintenance. Sullivan & McLaughlin Companies, Inc. shall compensate the commonwealth in an amount equal to the full and fair market value, as determined by said independent appraisal. Sullivan & McLaughlin Companies, Inc. shall assume all costs associated with any engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of the division of capital asset management and maintenance to execute the conveyance authorized by this act. All money paid to the commonwealth by Sullivan & McLaughlin Companies, Inc. as a result of the conveyance of the property authorized by this act shall be deposited in the general fund of the commonwealth.
The commissioner of capital asset management and maintenance shall submit said appraisal and a report thereon to the inspector general for his review and comment. Said inspector general shall review and approve said appraisal and said review shall include an examination of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission by said commissioner to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets. Said commissioner shall submit copies of said appraisal, his report, and the inspector general’s review and approval, and comments, 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 prior to the execution of said conveyance.