Substitute House Bill No. 7018

Special Act No. 99-17

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. (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the town of Fairfield five parcels of land located in the town of Fairfield, at a cost equal to the administrative costs of making such conveyance. Said parcels of land have a total acreage of approximately 31.4 acres, abut the Merritt Parkway in the Greenfield Hill section of said town and are further described as the following parcels of land on town of Fairfield Assessor's Map No. 220: (1) Parcel no. 4, having an area of approximately 0.8 acres; (2) parcel no. 9, having an area of approximately 14.2 acres; (3) parcel no. 10, having an area of approximately 8.1 acres; (4) parcel no. 17, having an area of approximately 7.4 acres; and (5) parcel no. 18, having an area of approximately 0.9 acres. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The town of Fairfield shall use said parcels of land for open space and passive recreational purposes. If the town of Fairfield:

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

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

(3) Leases all or any portion of any 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 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. (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the Wintonbury Land Trust, Inc. a parcel of land located partly in the town of West Hartford and partly in the town of Bloomfield, at a cost equal to the administrative costs of making such conveyance. The parcel of land has an area of approximately 10 acres and abuts North Main Street and Still Road in West Hartford, Simsbury Road (Route 185) in Bloomfield, and property now or formerly of Frederick Serbin. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The Wintonbury Land Trust, Inc. shall use said parcel of land for open space purposes. If the Wintonbury Land Trust, Inc.:

(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 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. 3. (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the town of East Hartford a parcel of land located in the town of East Hartford, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 2.3 acres, abuts Route 2 and the site for the Science Center of Connecticut and is further identified as the parcel of land shown on a Class D survey map entitled "Sketch Showing Land Leased to Science Center of Connecticut by the State of Connecticut Department of Transportation", Fuss & O'Neill, 5/12/93, as amended. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The town of East Hartford shall use or lease said parcel of land for parking purposes. If the town of East Hartford:

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

(2) Does not retain ownership of all 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 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. Special act 76-85 is amended to read as follows:

(a) The state treasurer shall, upon approval by the commissioner of environmental protection, convey to the Nathan Hale Ancient Fifes and Drums of the Nineteenth Connecticut Regiment of Foot, Inc., for historical purposes to provide adequate land for a multi-town facility for historical meetings, displays and other community events for and during the term of its corporate existence or until the discontinuance of its functions, and thereafter to the Coventry Historical Society, Inc., in fee simple, a certain parcel of land located along South street in the town of Coventry. Said property is more particularly bounded and described as follows: Beginning at an iron pin CSF #59 located at the end of a stone wall and in the southerly line of South street, which point is the northeast corner of the land herein conveyed; thence along land of the Coventry Historical Society, Inc., S 15 degrees - 04' - 30" E., a distance of 461.2', more or less, to an iron pin marked CSF #60; thence along land of the state of Connecticut S 67 degrees - 25' - 30" W, this bearing being an extension of the bearing or line defining the rear or southerly boundary of the adjoining tract now owned by the Coventry Historical Society, Inc., to a point on a stone wall which defines the northeasterly boundary of land of the Antiquarian and Landmarks Society, Inc., of Connecticut; thence in a general northerly direction in the line of said stone wall along land of said Antiquarian and Landmarks Society, Inc., to the southerly line of South street; thence easterly along the southern line of South street to the iron pin marked CSF #59, being the point of beginning.

(b) (1) Notwithstanding any provision of the general statutes, the Commissioner of Environmental Protection shall convey to the Nathan Hale Ancient Fifes and Drums of the Nineteenth Connecticut Regiment of Foot, Inc. a parcel of land located in the town of Coventry, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 5.2 acres and is identified as the parcel of land located in Nathan Hale State Forest (A) which abuts the rear or southerly boundary of the parcel of land described in subsection (a) of this section, and (B) for which the side boundaries are an extension for approximately 350 feet of the side boundaries of the parcel of land described in subsection (a) of this section. The conveyance shall be subject to the approval of the State Properties Review Board. Said conveyance may also be subject to the prior approval of the Superior Court or any other court of competent jurisdiction, as applicable, of the modification of any restriction that may exist on the conveyance by the Commissioner of Environmental Protection of said parcel of land pursuant to this section, as may be necessary to accomplish said conveyance.

(2) The Nathan Hale Ancient Fifes and Drums of the Nineteenth Connecticut Regiment of Foot, Inc. shall use said parcel of land for historical purposes, including a multi-town facility for historical meetings, displays and other community events. If the Nathan Hale Ancient Fifes and Drums of the Nineteenth Connecticut Regiment of Foot, Inc.:

the parcel shall revert to the state of Connecticut.

(3) 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 subsection. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this subsection, which deed or instrument shall include provisions to carry out the purposes of subdivision (2) of this subsection. The Commissioner of Environmental Protection shall have the sole responsibility for all other incidents of such conveyance.

Sec. 5. (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to The Northwestern Connecticut Sportsmen's Fish & Game Association a parcel of land located in the town of Norfolk, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 2.71 acres and is identified as the former site of a Department of Transportation rest area on Route 44, that begins at a point on the Norfolk-Colebrook town line and extends westerly for approximately 1200 feet, with a maximum width of approximately 166 feet, and tapering to a point at the western end of said parcel. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The Northwestern Connecticut Sportsmen's Fish & Game Association shall use said parcel of land for open space and passive recreational purposes. If The Northwestern Connecticut Sportsmen's Fish & Game Association:

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. 6. (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the city of Meriden the parcel of land located at 6 Columbia Street in the city of Meriden, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately .56 acre. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) (1) The city of Meriden may convey a portion or portions of said parcel of land to an abutting landowner or landowners for open space purposes. If any such landowner (A) does not use any such portion for open space purposes, (B) does not retain ownership of such portion, or (C) leases such portion, the portion shall revert to the city of Meriden.

(2) The city of Meriden shall use the remainder of said parcel of land, and any portion of said parcel that may revert to the city of Meriden under subdivision (1) of this subsection, for open space purposes. If the city of Meriden (A) does not use such remainder or portion for open space purposes, (B) does not retain ownership of such remainder or portion, or (C) leases such remainder or portion, the remainder or portion shall revert to the state.

(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. 7. (a) (1) Notwithstanding any provision of the general statutes, the Commissioner of Economic and Community Development shall convey to the town of Hebron three parcels of land located in the town of Hebron and known as the Johnson Farm Parcel, at a cost equal to forty per cent of the fair market value of said parcels, upon (A) acquisition by said commissioner of said parcels from Vision Housing, Inc. and (B) approval in Regional School District Number 8 of a referendum question on the construction of a new high school in the town of Hebron for said school district. In order to determine the fair market value of the parcels, both the state of Connecticut and the town of Hebron shall, at their own expense, obtain independent appraisals for the parcels. The state and the town of Hebron shall use such appraisals to negotiate the final fair market value of the parcels. If the state and the town of Hebron fail to reach an agreement on the fair market value, a third independent appraisal shall be completed, the cost of which shall be paid equally by both the state and the town of Hebron. Such third appraisal shall serve to determine the fair market value of the property.

(2) Said parcels of land have a total acreage of approximately 65.301 acres and are further described as follows:

First Parcel: A certain piece or parcel of land with all improvements and appurtenances thereto situated in the town of Hebron, County of Tolland and State of Connecticut consisting of approximately 30.30 acres and shown as Parcel B on a certain map entitled "Property of Reuben H. & Lydia Y. Bosley, Scale 1" = 100', Date 05-28-81", which map was prepared by Megson & Heagle, Civil Engineers & Land Surveyors, Glastonbury, Conn., and which map is on file in the Hebron Town Clerk's Office in Volume 10, Page 22.

Second Parcel: A certain piece or parcel of land with all improvements and appurtenances thereto situated in the town of Hebron, County of Tolland and State of Connecticut consisting of approximately 25.001 acres and shown as Parcel B on a certain map entitled "Plan Prepared for H.H.C.D.C., Scale 1" = 100', Date 07-23-90", which map was prepared by Fuss & O'Neill, Consulting Engineers, Manchester, Connecticut, and which map is on file in the Hebron Town Clerk's Office in Volume 16, Page 56.

Third Parcel: A certain piece or parcel of land with all improvements and appurtenances thereto situated in the town of Hebron, County of Tolland and State of Connecticut consisting of approximately 10.00 acres and shown as Parcel C on a certain map entitled "Sorghum Hill Farms - Property of Lina Lucarelli & Joseph L. Alberti, Scale 1" = 100', Date 10-74", which was prepared by Griswold & Fuss, Consulting Engineers and Surveyors, Manchester, Connecticut, and which map is on file in the Hebron Town Clerk's Office in Volume 5, Page 76.

The conveyance shall be subject to (A) the dismissal and waiver of all tax liens currently held against the property by the town of Hebron, and (B) the approval of the State Properties Review Board. The conveyance of said parcels to the town of Hebron shall also include any liens, debts or encumbrances, if any, which may exist on said parcels. The Commissioner of Economic and Community Development shall provide an accounting of such liens, debts or encumbrances, if any, to the town of Hebron prior to the conveyance of said parcels. The town of Hebron shall hold the state of Connecticut harmless with regard to any and all existing or potential environmental issues with regard to said parcels.

(b) The town of Hebron shall convey or lease said parcels of land to Regional School District Number 8, which shall use said parcels of land for the construction of a new high school for said school district. If the town of Hebron does not convey or lease said parcels to said school district, the parcels shall revert to the state of Connecticut. If the town of Hebron conveys said parcels to said school district and the school district does not use the parcels for said purposes, the parcels shall revert to the town of Hebron and then to the state of Connecticut. If the town of Hebron leases said parcels to said school district and the school district does not use the parcels for said purposes, the lease shall terminate, and the parcels shall revert to the state of Connecticut. In the case of any reversion of said parcels to the state under this subsection, the state shall refund to the town of Hebron the amount paid by the town for said parcels under subsection (a) of this section.

(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 Economic and Community Development. 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 Economic and Community Development shall have the sole responsibility for all other incidents of such conveyance.

Sec. 8. (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the town of Tolland two parcels of land located in the town of Tolland, at a cost equal to the administrative costs of making such conveyance. Said parcels of land are described as follows: (1) The parcel identified on town of Tolland Tax Assessor's Map 27 as "EXEMPT STATE of CONNECTICUT, VOL. 55, PG. 318", which parcel has an area of approximately 7.7 acres and (2) the parcel identified on town of Tolland Tax Assessor's Map 27 as "EXEMPT STATE of CONNECTICUT, VOL. 55, PG. 185", which parcel has an area of approximately 17.5 acres. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The town of Tolland shall use said parcels of land for passive recreational purposes. If the town of Tolland:

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

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

(3) Leases all or any portion of said parcels,

the parcels shall revert to the state of Connecticut.

(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. 9. Section 3 of special act 97-20 is amended to read as follows:

(a) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Transportation shall convey to [the town of Cheshire] Frank Salvatore, subject to the approval of the State Properties Review Board and at a cost equal to [the administrative costs of making such conveyance] ten thousand dollars, a parcel of land located in the town of Cheshire, having an area of approximately 11,816 square feet and identified as the excess state property from Department of Transportation Project No. 25-114 on the northwest side of the intersection of Routes 68 and 70, which property abuts said routes and property owned by Frank Salvatore.

[(b) (1) The town of Cheshire shall use said parcel of land for open space purposes or may lease said parcel of land to Frank Salvatore for open space purposes. (2) Said parcel of land shall revert to the state of Connecticut if (A) the town of Cheshire (i) does not use said parcel for said purposes, (ii) does not retain ownership of all of said parcel, or (iii) leases all or any portion of said parcel except to Frank Salvatore as provided in subdivision (1) of this subsection, or (B) the town of Cheshire leases said parcel of land to Frank Salvatore and Frank Salvatore does not use the parcel for open space purposes.]

[(c)] (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 [, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section,] and the Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 10. (a) Notwithstanding any provision of the general statutes, the Commissioner of Environmental Protection shall enter into an agreement with the town of Haddam for the exchange of two parcels of land located in the town of Haddam, simultaneously and each in consideration of the other. The parcel of land to be conveyed by the Commissioner of Environmental Protection in such exchange is identified as Lot 6 on town of Haddam tax Assessor's map 23, which has an area of approximately 64 acres. The parcel of land to be conveyed by the town of Haddam in such exchange is identified as approximately 78 acres of prime watershed/forest land abutting the Cockaponsett Forest. The town of Haddam shall pay for the administrative costs incurred by the state in the exchange of said parcels of land. The exchange of said parcels of land 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 not later than thirty days after it receives a proposed agreement from the Department of Environmental Protection. 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 the conveyance of state land under this section. The Commissioner of Environmental Protection shall have the sole responsibility for all other incidents of such conveyance.

Sec. 11. Section 11 of special act 97-20 is repealed.

Approved June 29, 1999

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