Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4129 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4563 FILED ON: 9/8/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4129
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker and Steven Owens
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing the commissioner of capital asset management and maintenance to convey a
13	13	certain parcel of land to the city of Cambridge.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex9/8/2023Steven Owens29th Middlesex9/8/2023 1 of 3
17	17	HOUSE DOCKET, NO. 4563 FILED ON: 9/8/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 4129
19	19	By Representatives Decker of Cambridge and Owens of Watertown, a petition (subject to Joint
20	20	Rule 12) of Marjorie C. Decker and Steven Owens that the commissioner of Capital Asset
21	21	Management and Maintenance be authorized to convey a certain parcel of land in the city of
22	22	Cambridge to said city for school and other municipal purposes. State Administration and
23	23	Regulatory Oversight.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act authorizing the commissioner of capital asset management and maintenance to convey a
30	30	certain parcel of land to the city of Cambridge.
31	31	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
32	32	authorize forthwith the conveyance of certain property to the city of Cambridge, therefore it is
33	33	hereby declared to be an emergency law, necessary for the immediate preservation of the public
34	34	convenience.
35	35	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
36	36	of the same, as follows:
37	37	1 SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
38	38	2Laws or any general or special law to the contrary, the commissioner of capital asset
39	39	3management and maintenance, in consultation with the military division, may convey a portion
40	40	4of the parcel of land located at 406 Concord avenue in the city of Cambridge currently used for
41	41	5military purposes to the city of Cambridge to be used for school and other municipal purposes
42	42	6and for all purposes and uses accessory thereto. The parcel is a portion of the land described in
43	43	7deeds recorded in the Middlesex South registry of deeds in book 9038, page 388 and book 9733,
44	44	8page 1. The parcel is approximately 30,752 square feet and is shown as “Parcel ‘B’” on a plan 2 of 3
45	45	9entitled, “Approval Not Required Plan for 450 Concord Avenue Cambridge Massachusetts,”
46	46	10dated April 2, 2021, which plan is on file with the division of capital asset management and
47	47	11maintenance. The commissioner of capital asset management and maintenance may determine
48	48	12the exact boundaries of the parcel prior to conveyance. The parcels shall be conveyed by deed
49	49	13without warranties or representations by the commonwealth.
50	50	14 SECTION 2. The deed or other instrument conveying the parcel to the city of Cambridge
51	51	15shall provide that the parcel shall be used solely for school and other municipal purposes and for
52	52	16all purposes and uses accessory thereto and shall include a reversionary clause that stipulates that
53	53	17if the parcel ceases at any time to be used for the allowed purpose set forth in this act, title to the
54	54	18parcel shall, at the election of the commonwealth, revert to the commonwealth. The reversionary
55	55	19clause shall be enforceable notwithstanding the time limit set forth in section 7 of chapter 184A
56	56	20of the General Laws.
57	57	21 SECTION 3. The consideration for the conveyance of the parcel pursuant to section 1
58	58	22shall be the fair market value of the parcel as determined by the commissioner of capital asset
59	59	23management and maintenance based upon an independent professional appraisal for the use of
60	60	24the parcel as restricted pursuant to section 2. The appraisal shall be prepared in accordance with
61	61	25the usual and customary professional appraisal practices by a qualified appraiser. The
62	62	26commissioner shall submit any appraisals to the inspector general for review and comment. The
63	63	27inspector general shall review and approve any such appraisals; provided, however, that the
64	64	28review shall include an examination of the methodology utilized for the appraisals. The inspector
65	65	29general shall prepare a report of the review and file the report with the commissioner of capital
66	66	30asset management and maintenance. The commissioner shall submit copies of the appraisals and
67	67	31the inspector general’s review and approval and comments, if any, to the senate and house 3 of 3
68	68	32committees on ways and means and the joint committee on state administration and regulatory
69	69	33oversight not less than 15 days before the execution of any documents effecting the transfers
70	70	34authorized in this act.
71	71	35 SECTION 4. Pursuant to section 113 of chapter 33 of the General Laws, any monetary
72	72	36payments made to the commonwealth as a result of the conveyance authorized by this act shall
73	73	37be deposited in the real property expendable trust established by the secretary of public safety
74	74	38and security for the military division pursuant to section 6 of chapter 6A of the General Laws
75	75	39and 801 CMR 50.00 et seq.
76	76	40 SECTION 5. Notwithstanding any general or special law to the contrary, the city of
77	77	41Cambridge shall be responsible for all costs and expenses of any transaction authorized by this
78	78	42act as determined by the commissioner of capital asset management and maintenance including,
79	79	43but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording
80	80	44fees and deed preparation related to the conveyance of the parcel authorized in section 1. Upon
81	81	45the recording of the deed conveying the parcels to the city of Cambridge, the city shall record a
82	82	46plan showing the boundaries of the parcel and deliver a copy of the plan to the division of capital
83	83	47asset management and maintenance and the division shall keep the plan on file.