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2 | 2 | | SENATE DOCKET, NO. 125 FILED ON: 1/11/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2010 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Anne M. Gobi |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act authorizing the commissioner of capital asset management and maintenance to convey |
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13 | 13 | | certain land in the town of Brookfield.. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and Hampshire 1 of 3 |
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17 | 17 | | SENATE DOCKET, NO. 125 FILED ON: 1/11/2023 |
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18 | 18 | | SENATE . . . . . . . . . . . . . . No. 2010 |
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19 | 19 | | By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2010) of Anne M. Gobi for legislation |
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20 | 20 | | to authorize the commissioner of capital asset management and maintenance to convey certain |
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21 | 21 | | land in the town of Brookfield.. State Administration and Regulatory Oversight. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act authorizing the commissioner of capital asset management and maintenance to convey |
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28 | 28 | | certain land in the town of Brookfield.. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the |
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32 | 32 | | 2General Laws or any other general or special law to the contrary, the commissioner of capital |
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33 | 33 | | 3asset management and maintenance, in consultation with the department of the state police, |
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34 | 34 | | 4may convey to Mary Faugno-Wiles a parcel of land in the town of Brookfield as replacement |
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35 | 35 | | 5land for the conveyance pursuant to subsection (b). The parcel consists of 35,000 square feet, |
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36 | 36 | | 6more or less, and is shown on a plan of land entitled “Map 14 Mill Street Land Swap”, prepared |
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37 | 37 | | 7by Summit Engineering & Survey, Inc. and described in a deed recorded in the Worcester |
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38 | 38 | | 8registry of deeds at book 2514, page 139. The conveyance shall be subject to such additional |
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39 | 39 | | 9conditions and restrictions as the commissioner of capital asset management and maintenance, in |
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40 | 40 | | 10consultation with the department of state police, may determine. |
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41 | 41 | | 11 (b) As consideration for the conveyance of the parcel of land described in subsection (a), |
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42 | 42 | | 12Mary Faugno-Wiles shall convey to the commissioner of capital asset management and 2 of 3 |
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43 | 43 | | 13maintenance a certain parcel of land to be used for general department of state police purposes |
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44 | 44 | | 14on South Maple street in the town of Brookfield consisting of 38,000 square feet, more or less, |
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45 | 45 | | 15and shown on the plan of land described in subsection (a) and described in a deed recorded in the |
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46 | 46 | | 16Worcester registry of deeds at book 21493, page 111 or such other land or interest in land as the |
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47 | 47 | | 17commissioner of capital asset management and maintenance, in consultation with the |
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48 | 48 | | 18department of the state police, may deem appropriate. Any land or interest in land acquired |
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49 | 49 | | 19pursuant to this act shall be permanently held and managed for purposes designated by the |
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50 | 50 | | 20department of state police. |
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51 | 51 | | 21 As further consideration for the conveyance in subsection (a), Mary Faugno-Wiles shall |
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52 | 52 | | 22pay the difference between the full and fair market value of the parcel of land described in |
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53 | 53 | | 23subsection (a) and the full and fair market value of the parcel described in this subsection. The |
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54 | 54 | | 24commonwealth shall not be obligated to pay any consideration to Mary Faugno-Wiles if the full |
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55 | 55 | | 25and fair market value of the parcel of land described in this section exceeds the full and fair |
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56 | 56 | | 26market value of the parcel described in subsection (a). The full and fair market value of the |
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57 | 57 | | 27parcels shall be determined by the commissioner of capital asset management and maintenance |
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58 | 58 | | 28on the basis of independent appraisals commissioned by the commissioner. |
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59 | 59 | | 29 The inspector general shall review and approve the appraisals, including the methodology |
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60 | 60 | | 30utilized in conducting the appraisals. Thirty days prior to the conveyance authorized by this act, |
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61 | 61 | | 31the commissioner of capital asset management and maintenance shall submit the appraisals and a |
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62 | 62 | | 32report thereon to the inspector general. Not less than 15 days prior to the execution of any |
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63 | 63 | | 33documents under this act, the inspector general shall prepare a report of the review and approval |
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64 | 64 | | 34of the appraisal and file the report with the commissioner of capital asset management and 3 of 3 |
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65 | 65 | | 35maintenance, the house and senate committees on ways and means and the joint committee on |
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66 | 66 | | 36state administration and regulatory oversight. |
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67 | 67 | | 37 Any consideration paid by Mary Faugno-Wiles to the commonwealth for the conveyance |
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68 | 68 | | 38authorized by this act shall be deposited into the General Fund. |
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69 | 69 | | 39 SECTION 2. Mary Faugno-Wiles shall be responsible for any and all costs that the |
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70 | 70 | | 40commissioner of capital asset management and maintenance may deem necessary in connection |
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71 | 71 | | 41with the conveyances pursuant to section 1, including, but not limited to, the costs of all |
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72 | 72 | | 42appraisals, surveys, deeds and other document preparation, recording or filing fees and any other |
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73 | 73 | | 43expenses incurred in connection with the conveyances. |
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