Bill Text: MA S2285 | 2009-2010 | 186th General Court | Introduced
Bill Title: An Act authorizing the Division of Capital Asset Management and Maintenance, in consultation with the board of trustees of the Essex Independent Agricultural and Technical Institute, to sell and convey a certain parcel of land in the town of Newbury
Spectrum: Unknown
Status: (Engrossed - Dead) 2010-05-10 - Read; and referred to the House Committee On Ways and Means [S2285 Detail]
Download: Massachusetts-2009-S2285-Introduced.html
The Commonwealth of Massachusetts
In the Year Two Thousand and Ten.
AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE, IN CONSULTATION WITH THE BOARD OF TRUSTEES OF THE ESSEX INDEPENDENT AGRICULTURAL AND TECHNICAL INSTITUTE, TO SELL AND CONVEY A CERTAIN PARCEL OF LAND IN THE TOWN OF NEWBURY.
Whereas,
The deferred operation for this act would tend to defeat its purpose, which is
to authorize forthwith the sale and conveyance of certain real property in the town
of Newbury, therefore it is hereby declared to be an emergency law, necessary
for the immediate preservation of the 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 section 40F and section 40F 1/2 of chapter 7
of the General Laws, or any other general or special law or rule or regulation
to the contrary, the commissioner of capital asset management and maintenance ,in
consultation with the board of trustees of the Essex Independent Agricultural
and Technical Institute, or any officer designated by the Board, for itself and
on behalf of the commonwealth, may sell and convey, subject to the terms and
conditions set out herein, all of its right, title and interest in and to a
certain parcel of vacant land in the Byfield section of the town of Newbury,
Massachusetts, known and numbered as 168 Orchard Street, Byfield (Newbury),
Massachusetts, containing approximately 20
acres of land, as shown on a “Plan of Land in Newbury, Massachusetts” dated
November 6, 2008 as revised on December 4, 2008, and being more particularly
described as follows:
Lot 4 of a Plan of Land in
Newbury, Massachusetts dated November 6, 2008 by Steven J. Russo, professional
land surveyor.
The grantor's title for this
parcel is through an Agreement for the Compromise of the Will of Lewis
Bulgaris, Essex Probate and Family Court docket no. 96P-2049-EP1. Pursuant to
said agreement the grantor holds its title in common with one Dianne Yurkavich,
an heir of said Lewis Bulgaris.
SECTION
2. (a) The
consideration for the sale and conveyance authorized by section 1 shall be the
full and fair market value of the property as determined by the commissioner of
capital asset management based upon an independent professional appraisal. The inspector general shall review and approve
the appraisal inspector general, and the review shall include a review of the
methodology used for the appraisal. The
inspector general shall have 30 days after receipt of the appraisal and a
report by the commissioner to undertake such review and approval. The inspector general shall submit a report
on this review and approval of the appraisal to the commissioner. At least 15 days prior to the conveyance, the
commissioner shall submit a copy of the inspector general’s report to the the house
and senate committees on ways and means and the chairs of the joint committee
on state administration and regulatory oversight.
SECTION
3. The
proceeds of the sale and conveyance shall be held and distributed in the manner
prescribed by the Agreement for the Compromise of the Will of Lewis Bulgaris,
Essex Probate and Family Court docket no. 96P-2049-EP1. Pursuant to the terms
of said agreement, the board of trustees of Essex Independent Agricultural and
Technical Institute shall deposit the Institute’s share of the sale proceeds
into a separate account, wholly segregated from the general fund, and shall use
the proceeds, and the income therefrom, for either or both of the following
purposes: (1) to provide scholarships for students desirous of pursuing
programs of agricultural study at Essex Independent Agricultural and Technical
Institute, or (2) for the repair and maintenance of those buildings and other
facilities on the campus of Essex Independent Agricultural and Technical
Institute devoted exclusively or primarily for agricultural studies or uses. No
portion of the sale proceeds or the income therefrom, shall be used for
non-agricultural scholarships, programs or purposes.
SECTION
4. All costs
of appraisal, survey and deed preparation for the conveyance of the property
authorized by section 1 shall be paid by the parties charged with such costs by
the Agreement for the Compromise of the Will of Lewis Bulgaris, Essex Probate
and Family Court docket no. 96P-2049-EP1. Pursuant to the terms of said agreement,
Essex Independent Agricultural and Technical Institute and Dianne Yurkavichshall
each pay one-half of all such charges
