HOUSE . . . . . . . . . . . No. 4630
The Commonwealth of Massachusetts
——————
In the Year Two Thousand and Eight.
——————
AN ACT AUTHORIZING THE CONVEYANCE OF CERTAIN COMMONWEALTH PROPERTY TO THE TOWN OF SHERBORN.
Whereas, the deferred operation of this act would tend to defeat its purpose, which is to provide for the transfer of certain water rights to the town of Sherborn, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of public convenience.
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. Notwithstanding sections 40F to 40J of chapter 7 of the General Laws or any general or special law to the contrary, the commissioner of the division of capital asset management and maintenance shall, in consultation with the commissioner of the department of mental health, convey a certain parcel of real property in the town of Sherborn held by the commonwealth pursuant to chapter 251 of the acts of 1897 to the town of Sherborn Said parcel, known as Farm Pond, shall include a certain easement together with a pipeline from said pond running underground within the town of Sherborn, to the boundary between the town of Sherborn and the town of Medfield and the exact boundaries of the parcel shall be established prior to such conveyance by a survey commissioned by commissioner of the division of capital asset management and maintenance; provided, however, that any deed conveying said parcel shall contain the restriction required pursuant to section 2 of this act. The consideration for said conveyance shall be the full and fair market value of said parcel as determined by the commissioner of the division of capital asset management and maintenance pursuant to an independent professional appraisal.
SECTION 2. Notwithstanding any general or special law to the contrary, the parcel described in section 1 of this act shall be conveyed subject to a restriction limiting the use of the parcel to public recreation, water supply and fire protection purposes. If at any time the property ceases to be used for the purposes described in this section the commissioner shall give written notice to the town of the unauthorized use. The town shall, upon receipt of the notice, have 30 days to respond and a reasonable time to establish an authorized use of the parcel. If an authorized use of the parcel is not thereafter established, the title to the parcel, upon the recording of a notice thereof by the commissioner in the appropriate registry of deeds, shall revert to the commonwealth and any further disposition of the property shall be subject to chapter 7 of the General Laws.
SECTION 3. Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisal required pursuant to section 1 and said review shall include an examination of the methodology utilized for the appraisal. Within 30 days of receiving the appraisal, the inspector general shall prepare a report of his review and file the report with the commissioner of the division of capital asset management and maintenance. Within 15 days of receiving the inspector general’s report, the commissioner shall submit such report to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets but no later than 15 days before the execution of any agreement or other document relating to the conveyance.
SECTION 4. Notwithstanding any general or special law to the contrary, the town of Sherborn 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 transfer and conveyance authorized pursuant to this act as such costs may be determined by the commissioner of the division of capital asset management and maintenance. Upon conveyance of the parcel, the town shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.