Bill Text: CT HB06672 | 2013 | General Assembly | Comm Sub


Bill Title: An Act Concerning The Conveyance Of Certain Parcels Of State Land, The Boundaries Of Fenwick, The Validation Of Certain Town Actions, The City Point Yacht Club And Wheeler Library.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-07-12 - Signed by the Governor [HB06672 Detail]

Download: Connecticut-2013-HB06672-Comm_Sub.html

General Assembly

 

Substitute Bill No. 6672

    January Session, 2013

 

*_____HB06672GAE___040813____*

AN ACT CONCERNING THE CONVEYANCE OF CERTAIN PARCELS OF STATE LAND.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 2 of special act 11-16 is amended to read as follows (Effective from passage):

(a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the town of Wethersfield two parcels of land located in the town of Wethersfield, at a cost equal to the administrative costs of making such conveyance. Said parcels of land have an area of approximately .36 acre and .0006 acre respectively, and are identified on the following maps "Compilation Plan Town of Wethersfield, Map showing land released to the Town of Wethersfield by the State of Connecticut Department of Transportation, Maple Street (Route 3) at Spring Street and Middletown Avenue, January 2010, Town 159, Project No. 159-17, Serial No. 4A" and "Town of Wethersfield, Map showing land acquired from Morningside Village Association by State of Connecticut Department of Transportation for Spring Street Relocation, July 1998, Town 159, Project No. 159-176, Serial No. 1". The conveyance shall be subject to the approval of the State Properties Review Board.

[(b) The town of Wethersfield shall use said parcels of land for municipal purposes. If the town of Wethersfield, in the case of either parcel:

(1) Does not use said parcel for said purposes;

(2) Does not retain ownership of all of said parcel; or

(3) Leases all or any portion of said parcel, the parcel shall revert to the state of Connecticut.]

[(c)] (b) The State Properties Review Board shall complete its review of the conveyance of said parcels of land not later than thirty days after it receives a proposed agreement from the Department of Transportation. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section. [, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section.] The Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 2. Section 149 of public act 12-2 of the June 12 special session is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the town of Tolland a parcel of land located in the town of Tolland, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 3.2 acres, is identified as a portion of Lot 142-61-5 on a map entitled "Connecticut Department of Transportation Right of Way Map Town of Tolland Interstate 84 From the Vernon Town Line Easterly to Cathole Road, Map No. 142-07, sheet No. 9 of 11, dated February 4, 1994", and surrounds the parcel required to be conveyed by the state pursuant to section 6 of special act 11-16. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The town of Tolland shall use said parcel of land for economic development purposes. If the town of Tolland [:]

[(1) Does not use said parcel for said purposes;

(2) Does not retain ownership of all of said parcel; or

(3) Leases all or any portion of said parcel,] does not use said parcel for said purposes, the parcel shall revert to the state of Connecticut.

(c) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Transportation. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section. The Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 3. Section 9 of special act 08-8, as amended by section 148 of public act 12-2 of the June 12 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to Regional Refuse Disposal District One parcels of land located in the towns of Barkhamsted and New Hartford, at a cost equal to the administrative costs of making such conveyance. Said parcels of land have an area of approximately 3.2 acres and are identified as See Assessor in Block 18 of town of Barkhamsted Tax Assessor's Map 49 and Lot 41 in Block 41 of town of New Hartford Tax Assessor's Map 32. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) Regional Refuse Disposal District One shall use said parcels of land for economic development purposes. If the Regional Refuse Disposal District One:

(1) Does not use said parcels for said purposes;

(2) Does not retain ownership of all of said parcels; [, other than an exchange as described in subsection (c) of this section;] or

(3) Leases all or any portion of said parcels, the parcels shall revert to the state of Connecticut.

[(c) Regional Refuse Disposal District One may exchange a portion of said parcels with property owned by abutting property owners for purposes of constructing a water well line on such abutting property. Such exchange shall not be deemed to violate the restriction on ownership of said parcels described in subsection (b) of this section.]

[(d)] (c) The State Properties Review Board shall complete its review of the conveyance of said parcels of land not later than thirty days after it receives a proposed agreement from the Department of Transportation. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section. The Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 4. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the city of New Britain a parcel of land consisting of approximately 15.5 acres located in the town of Newington in exchange for (1) a parcel of land totaling approximately 68 acres located in the city of New Britain, (2) approximately 23 acres of a conservation easement to the Commissioner of Energy and Environmental Protection, and (3) the administrative costs incurred by the state in making such exchange. The exchange of said parcels of land and easement shall be made simultaneously and each in consideration of the other. The parcel of land to be conveyed by the Commissioner of Transportation in said exchange is identified as follows: All of that parcel of land situated in the town of Newington, county of Hartford, containing 675,118 square feet or 15.498 acres, and more particularly depicted on a plan entitled "Property/Boundary Survey, A Portion of Land of the State of Connecticut between the Iwo Jima Memorial Expressway and the Newington/New Britain Town line, Newington, Connecticut, Scale 1"= 80'; Dated December 13, 2012", prepared by BL Companies, Meriden, CT and further described as follows:

Beginning at an iron pipe at the corner of land now or formerly city of New Britain Parks Department and land now or formerly NB-BTMC LLC, said pipe being on the division line of city of New Britain and town of Newington, thence running through land now or formerly state of Connecticut North 82°-15'-31" East a distance of 51.10 feet to the westerly highway line of the Iwo Jima Memorial Expressway, also known as State Route 9.

Thence along said highway line the following three courses and distances: South 41°-34'-16" East a distance of 226.60 feet to a point; South 37°-12'-37" East a distance of 577.07 feet to a CHD Monument; along a curve to the right having a radius of 2790.03 feet, Arc length of 463.78 feet, included angle of 9°-31'-27", chord bearing of South 20°-32'-47" East a distance of 463.25 feet to a point.

Thence running through land now or formerly state of Connecticut the following three courses and distances: South 18°-26'-07" West a distance of 420.92 feet to a point; South 24°-47'-449" West a distance of 293.20 feet to a point; South 82°-31'-01" West a distance of 228.37 feet to a point on the division line of city of New Britain and town of Newington, and land now or formerly city of New Britain Parks Department.

Thence along said division line and land now or formerly city of New Britain Parks Department the following two courses and distances: North 7°-28'-59" West a distance of 655.01 feet to a town line monument; North 7°-29'-03" West a distance 1111.29 feet to an iron pipe and the point and place of beginning.

The parcel of land to be conveyed by the city of New Britain in said exchange is identified as follows: "N/F Heirs of Jeanette R. Koczera Map 14 Lot 2 Volume 2038 Page 311 Area=68.9 + Acres" on a map entitled "Land of Heirs of Jeanette R. Koczera, Cedar Road Newington, CT, BL Companies 355 Research Parkway, Meriden, CT 06450, Scale 1"= 200', dated 3/23/2012, Title Compilation Plan, Sheet No. BS-4, drawn by surveyor Michael J. Garon".

The city of New Britain shall grant a permanent conservation easement to the Commissioner of Energy and Environmental Protection to preserve the following parcels in perpetuity in their natural, scenic and open condition for the protection of natural resources while allowing for recreation consistent with such protection. The parcels that shall be subject to such conservation easement in said exchange are described as follows:

(A) "N/F City of New Britain Parks Department, 131 Barbour Road, Vol. 285 Pg. 285, Area =4.15+ Acres or 181,000+ Sq. Ft." on a map entitled "Land of City of New Britain Parks Department, 131 Barbour Road, New Britain, Connecticut, BL Companies 355 Research Parkway, Meriden, CT 06450, Scale 1"= 50', dated 12/12/2012, Title Compilation Plan, Sheet No. BS-6, drawn by surveyor Robert H. Roper".

(B) "N/F City of New Britain, 159 Sunnyslope Drive, Vol. 1297 Pg. 1015, Area=6.34+ Acres or 275,000+ Sq. Ft" on a map entitled "Land of City of New Britain, 159 Sunnyslope Drive, New Britain, Connecticut, BL Companies 355 Research Parkway, Meriden, CT 06450, Scale 1"= 50', dated 12/12/2012, Title Compilation Plan, Sheet No. BS-7, drawn by surveyor Robert H. Roper".

(C) "N/F City of New Britain Parks Department, A Portion of Stanley Park Golf Course, Vol. 214 Pg. 473, Area=7.15+ Acres and 312,000+ Sq. Ft" on a map entitled "Land of City of New Britain Parks Department, Stanley Golf Course, New Britain, Connecticut, BL Companies 355 Research Parkway, Meriden, CT 06450, Scale 1"= 50', dated 12/14/2012, Title Compilation Plan, Sheet No. BS-8, drawn by surveyor Robert H. Roper".

(D) "N/F City of New Britain Parks Department, A Portion of Stanley Park Golf Course, Area=2.47+ Acres or 107,000+ Sq. Ft" on a map entitled "Land of City of New Britain Parks Department, Stanley Golf Course, New Britain, Connecticut, BL Companies 355 Research Parkway, Meriden, CT 06450, Scale 1"= 40', dated 12/06/2012, Title Compilation Plan, Sheet No. BS-9, drawn by surveyor Robert H. Roper".

(E) "N/F City of New Britain Parks Department, A Portion of Stanley Park Golf Course, Area=3.46+ Acres or 151,000+ Sq. Ft" on a map entitled "Land of City of New Britain Parks Department, Stanley Golf Course, New Britain, Connecticut, BL Companies 355 Research Parkway, Meriden, CT 06450, Scale 1"= 40', dated 12/06/2012, Title Compilation Plan, Sheet No. BS-10, drawn by surveyor Robert H. Roper".

The exchange of said parcels of land and easement shall be subject to the approval of the State Properties Review Board.

(b) The State Properties Review Board shall complete its review of the exchange of said parcels of land and easement not later than thirty days after it receives a proposed agreement from the Department of Transportation. The state land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance of state land under this section. The Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 5. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the city of New Britain a parcel of land located in the city of New Britain, at a cost equal to the fair market value of the property, as determined by the average of the appraisals of two independent appraisers selected by the commissioner, plus the administrative costs of making such conveyance. Said parcel of land has an area of approximately .65 acre and is identified as "Proposed Economic Development Parcel to the City of New Britain 28,250+ SQ.FT.(0.65 + ACRES)" on a map entitled "Map Showing Land of the State of CT to be Conveyed to the City of New Britain East Main St. New Britain, CT dated March 14, 2013, Scale 1"=100', Sheet 1 of 1, City of New Britain, Department of Public Works, 27 West Main Street, New Britain, Connecticut prepared by Michael J. Caruso III, L.S". The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Transportation. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section. The Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 6. (Effective from passage) Notwithstanding any provision of the general statutes, the Department of Mental Health and Addiction Services shall grant to the Department of Energy and Environmental Protection conservation easements over certain parcels of land that are the subject of the "Land Title Report, Southerly Watershed Properties, Connecticut Valley Hospital 1866-2007", as prepared by Attorney John E. Hudson. Such easements shall be granted for the purpose of permanently preserving for conservation the reservoirs and their watersheds located on lands comprising the Connecticut Valley Hospital water supply system in the city of Middletown. No provision of this easement shall prevent the Department of Mental Health and Addiction Services or its successor from using said parcels for any activity related to the water supply of the Connecticut Valley Hospital in the city of Middletown or from taking such steps as the Department of Mental Health and Addiction Services deems necessary to limit access in order to protect the integrity of the water supply.

Sec. 7. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Administrative Services, on behalf of the Commissioner of Education, shall convey to the city of Stamford a parcel of land and any improvements upon said parcel located in the city of Stamford, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 6.6 acres and is identified as a portion of the 18.6-acre area parcel located in Lot 3 Block 242 of Stamford Tax Assessor's Map 114 and contains the Cubeta Stadium. Said parcel is further identified as the parcel depicted on a map entitled "J.M. Wright Technical School, Stamford, Conn., Revised Location of Baseball Diamond and Bleachers, Drawing No. 156-506, dated May 15, 1958, prepared by Francis L. Mayer, Architect". The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The city of Stamford shall use said parcel of land and any improvement upon said parcel for recreational purposes. If the city of Stamford:

(1) Does not use said parcel or improvement for said purposes;

(2) Does not retain ownership of all of said parcel or improvement; or

(3) Leases all or any portion of said parcel, the parcel shall revert to the state of Connecticut.

(c) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Administrative Services. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section. The Commissioner of Administrative Services shall have the sole responsibility for all other incidents of such conveyance.

Sec. 8. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Administrative Services, on behalf of the Commissioner of Developmental Services, shall convey to the town of Southbury a parcel of land located in the town of Southbury, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 45 acres and is identified as a portion of the parcel of land containing the Southbury Training School and identified as Lot 83 Block 17 on Southbury Tax Assessor's Map 16. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The town of Southbury shall use said parcel of land for housing purposes. If the town of Southbury:

(1) Does not use said parcel for said purposes;

(2) Does not retain ownership of all of said parcel; or

(3) Leases all or any portion of said parcel, the parcel shall revert to the state of Connecticut.

(c) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Administrative Services. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section. The Commissioner of Administrative Services shall have the sole responsibility for all other incidents of such conveyance.

Sec. 9. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Energy and Environmental Protection shall convey to the town of Canton a parcel of land located in the town of Canton, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 1.5 acres and is identified as a portion of the parcel described in a deed recorded in Volume 232 at pages 1040 and 1041 of the town of Canton Land Records, and a portion of Lot 34700040 on Canton Tax Assessor's Map 32. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) Said parcel of land shall be conveyed subject to a pole and guy easement in favor of the American Telephone and Telegraph Company recorded December 10, 1902, in Volume 67 at page 714 of the town of Canton Land Records.

(c) The town of Canton shall use said parcel of land for municipal purposes, including to relocate Lawton Road to accommodate the extension of the Farmington River Rail Trail. If the town of Canton:

(1) Does not use said parcel for said purposes;

(2) Does not retain ownership of all of said parcel; or

(3) Leases all or any portion of said parcel, the parcel shall revert to the state of Connecticut.

(d) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Energy and Environmental Protection. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsections (b) and (c) of this section. The Commissioner of Energy and Environmental shall have the sole responsibility for all other incidents of such conveyance.

Sec. 10. Section 8 of special act 11-16 is repealed. (Effective from passage)

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

SA 11-16Section 2

Sec. 2

from passage

PA 12-2 of the June 12 Sp. Sess.Section 149

Sec. 3

from passage

SA 08-8Section 9

Sec. 4

from passage

New section

Sec. 5

from passage

New section

Sec. 6

from passage

New section

Sec. 7

from passage

New section

Sec. 8

from passage

New section

Sec. 9

from passage

New section

Sec. 10

from passage

Repealer section

Statement of Legislative Commissioners:

In the first sentence of section 4(a), "to the Commissioner of Energy and Environmental Protection" was added for clarity and consistency and "incurred by the state in making such exchange" was substituted for "of making such conveyance" for accuracy.

GAE

Joint Favorable Subst.

 
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