Substitute House Bill No. 6070

Public Act No. 01-194

AN ACT CONCERNING CERTAIN STATE REAL PROPERTY TRANSACTIONS.

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

Section 1. (a) Notwithstanding any provision of the general statutes, the Commissioner of Environmental Protection shall convey to the town of East Windsor a parcel of land located in the town of East Windsor, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 18 acres and is identified as Lots 13 to 23, inclusive, in Block 32 on town of East Windsor Tax Assessor's Map 35. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The town of East Windsor shall use said parcel of land for open space and recreational purposes. If the town of East Windsor:

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 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 subsection (b) of this section. The Commissioner of Environmental Protection shall have the sole responsibility for all other incidents of such conveyance.

Sec. 2. (a) Notwithstanding any provision of the general statutes or of any public or special act, the Commissioner of Public Works may grant an easement to the town of Cheshire on a parcel of land which is under the custody and control of the Commissioner of Mental Retardation, located at 25 Creamery Road, Cheshire and further identified as Lot 66 on town of Cheshire Tax Assessor's Map 37. Said easement may be granted for a cost equal to the administrative costs of granting the easement and shall be subject to the approval of the Commissioner of Mental Retardation and the State Properties Review Board. Said easement is described as follows:

A permanent easement and right-of-way, for the purpose of constructing, using, replacing and maintaining thereon a sanitary sewer, tributary connections and appurtenant work, together with the right to enter upon said easement or right-of-way for the purpose of cleaning, repairing, renewing, replacing, protecting, operating and making connections to said sewer. The centerline of said permanent easement and right-of-way is more particularly described as follows:

Commencing at a point in the northeasterly property line of property of the Grantor, as it abuts Lot # 11 in a subdivision entitled Amherst Village as shown on Map # 329 recorded in the Cheshire Town Clerk's office, said point being located one hundred forty feet, more or less from the northwest corner of the Grantor's property as it abuts the westerly property line of Lot 10 in the above-mentioned subdivision; thence running in a southeasterly direction 235 feet, more or less, thence turning and running in a southeasterly direction 150 feet, more or less, until it intersects the northerly property line of property of the town of Cheshire.

Said easement shall be 25 feet in width and shall be further fixed and described as being centered on the sanitary sewer line as actually constructed.

(b) The Commissioner of Mental Retardation and the State Properties Review Board shall complete their review of said easement not later than thirty days after they receive a proposed agreement from the Department of Public Works. The State Treasurer shall execute and deliver any deed or instrument necessary for said easement and the Commissioner of Public Works shall have the sole responsibility for all other incidents of said easement.

Sec. 3. Section 8-64a of the general statutes is repealed and the following is substituted in lieu thereof:

No housing authority which receives or has received any state financial assistance may sell, lease, transfer or destroy, or contract to sell, lease, transfer or destroy, any housing project or portion thereof in any case where such project or portion thereof would no longer be available for the purpose of low or moderate income rental housing as a result of such sale, lease, transfer or destruction, except the Commissioner of Economic and Community Development may grant written approval for the sale, lease, transfer or destruction of a housing project if the commissioner finds, after a public hearing, that (1) the sale, lease, transfer or destruction is in the best interest of the state and the municipality in which the project is located, (2) an adequate supply of low or moderate income rental housing exists in the municipality in which the project is located, (3) the housing authority has developed a plan for the sale, lease, transfer or destruction of such project in consultation with the residents of such project and representatives of the municipality in which such project is situated and has made adequate provision for said residents' and representatives' participation in such plan, and (4) any person who is displaced as a result of the sale, lease, transfer or destruction will be relocated to a comparable dwelling unit of public or subsidized housing in the same municipality or will receive a tenant-based rental subsidy and will receive relocation assistance under chapter 135. The commissioner shall consider the extent to which the housing units which are to be sold, leased, transferred or destroyed will be replaced in ways which may include, but need not be limited to, newly constructed housing, rehabilitation of housing which is abandoned or has been vacant for at least one year, or new federal, state or local tenant-based or project-based rental subsidies. The commissioner shall give the residents of the housing project or portion thereof which is to be sold, leased, transferred or destroyed written notice of said public hearing by first class mail not less than ninety days before the date of the hearing. Said written approval shall contain a statement of facts supporting the findings of the commissioner. This section shall not apply to the sale, lease, transfer or destruction of a housing project pursuant to the terms of any contract entered into before June 3, 1988. This section shall not apply to phase I of Father Panik Village in Bridgeport, [and] Elm Haven in New Haven and Pequonock Gardens Project in Bridgeport.

Sec. 4. Notwithstanding a certain restriction contained in a Quit Claim Deed from the State of Connecticut, Department of Transportation, to the town of Trumbull, dated March 2, 1989, and recorded in the town of Trumbull Land Records in Volume 689, page 472, that the parcel of land described in said deed shall be used for "Park Purposes only", a portion of said parcel of land may be used for the construction of a telecommunications facility.

Sec. 5. Subsection (b) of section 8 of special act 97-20, as amended by section 2 of special act 01-6, is amended to read as follows:

(b) The town of Trumbull shall use said parcel of land for affordable housing purposes. If the town of Trumbull (1) does not use said parcel for said purposes, or (2) [does not retain ownership of all of said parcel, or (3)] leases or sells all or any portion of said parcel for any other purpose, the parcel shall revert to the state of Connecticut.

Sec. 6. Section 15 of special act 01-6, is amended to read as follows:

The name of Morrissey Brook in the town of Sherman shall be changed to [Naromiyocknowhosunkatanshunk] Naromiyocknowhusunkatankshunk Brook.

Sec. 7. Section 28 of special act 01-6, is amended to read as follows:

(a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to Charles W. Evans and Alexandria S. Evans a parcel of land located between 228 Greenwoods Road and Route 44 in the town of Norfolk, at a cost of three thousand five hundred dollars. Said parcel of land has an area of approximately 1.75 acres and is further identified as the parcel of land described in Department of Transportation File No. 97-000-25B. [The conveyance shall be subject to the approval of the State Properties Review Board.]

(b) If at any time said parcel of land is needed by the state for the expansion of State Route 44, the state may repurchase the parcel for three thousand five hundred dollars.

[(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.]

(c) 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 provisions of subsection (b) of this section. The Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 8. The city of Danbury and the Board of Trustees for the Connecticut State University System may, by mutual agreement, make minor corrections in the property descriptions for the parcels of land described in sections 26 and 27 of special act 01-6.

Sec. 9. This act shall take effect from its passage.

Approved July 11, 2001