Connecticut Seal

General Assembly

File No. 488

    February Session, 2018

Substitute Senate Bill No. 502

Senate, April 12, 2018

The Committee on Government Administration and Elections reported through SEN. FLEXER of the 29th Dist. and SEN. MCLACHLAN, M. of the 24th Dist., Chairpersons of the Committee on the part of the Senate, that the substitute bill ought to pass.

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. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Administrative Services shall convey to the town of Newington two parcels of land located in the town of Newington, at a cost equal to the administrative costs of making such conveyance. Said parcels of land have a total area of approximately 28.8 acres and are identified as a portion of a larger parcel that contains the former Cedarcrest Hospital, Lot 000 in Block 10 on town of Newington Assessor's Map 12, and further identified as the preservation parcel and conveyance parcel on a map of the Department of Energy and Environmental Protection entitled "Potential Land Transfer, Former Cedarcrest Hospital, Newington and Wethersfield", dated October 3, 2013. The conveyance shall be subject to the approval of the State Properties Review Board.

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

(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 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. 2. (Effective from passage) Notwithstanding a certain restriction contained in a Quit Claim Deed from the State of Connecticut, Highway Commissioner to the town of Stratford, dated August, 1968, and recorded in the Town of Stratford Land Records in Volume 445, pages 670 to 672, inclusive, that the parcel of land described in said deed shall be used for "school purposes only", said restriction may be released, relinquished and have no further force and effect, the town of Stratford may use or convey said parcel free of said restriction and the parcel may be used for municipal parking purposes.

Sec. 3. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Education shall grant to the town of Groton an easement of land located in the town of Groton, at no cost. Such easement is approximately 75 feet in width and is identified as a portion of the parcel identified as Lot 9261E in Block 6 on Town of Groton's Assessor's Map 260809, and further described as follows: Extending at its northern limit from the property line between the Ella T. Grasso Technical High School and land now or formerly of the town of Groton, known as Sutton Park, at Fort Hill Brook, proceeding south-south easterly approximately 850 feet, turning east-north easterly for approximately 60 feet to the property line between the Grasso property and land now or formerly of the town of Groton, known as the Merritt property, with an increased width of 180 feet or as necessary to permit grading of the land to accommodate the driveway extending into the Merritt property. The easement shall be subject to the approval of the State Properties Review Board.

(b) The town of Groton shall use said easement for the purpose of vehicular and utilities access to a middle school, and associated site improvements. If the town of Groton:

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

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

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

the easement shall revert to the state of Connecticut.

(c) Said easement shall be granted (1) subject to the right of the state to (A) pass and repass over and on said easement of land for the purpose of accessing lands of the state, and (B) place and maintain over, under and on said easement of land existing and future utilities, including, but not limited to, electrical, water, sanitary sewer, telecommunications and gas, and (2) subject to any rights and easements with regard to said easement of land that the state deems necessary to meet its governmental obligations.

(d) The State Properties Review Board shall complete its review of the conveyance of said easement of land not less than thirty days after it receives a proposed agreement from the Department of Education.

Sec. 4. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the town of Portland a parcel of land located in the town of Portland, and any improvement upon said parcel, at no cost. Said parcel of land has an area of approximately 7.29 acres and is identified as Lot 35 in Block 00 on Portland Assessor's Map 011 and further identified in a deed dated April 7, 1987, and recorded in Volume 198 at page 102 of the town of Portland Land Records. Said parcel was transferred to the Department of Transportation by the Department of Environmental Protection pursuant to section 1 of special act 87-98. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The town of Portland shall use said parcel of land and any improvements on said parcel for recreational and tourism purposes. If the town of Portland:

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

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

(3) Leases all or any portion of said parcel or improvements,

the parcel and improvements 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 and improvements not later than thirty days after it receives a proposed agreement from the Department of Transportation. The land and any improvements 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. 5. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Developmental Services shall convey to the town of Stratford a parcel of land located in the town of Stratford and any improvements upon said parcel, at a cost equal to the fair market value of the property and improvements, 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 ___ acres and is identified as the parcel containing the former Ella T. Grasso Center. 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 and improvements not later than thirty days after it receives a proposed agreement from the Department of Developmental 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. The Commissioner of Developmental Services shall have the sole responsibility for all other incidents of such conveyance.

Sec. 6. Section 9 of special act 01-6 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 South Windsor three parcels of land located in the town of South Windsor, at a cost equal to the administrative costs of making such conveyance. Said parcels of land are identified as (1) the subject parcel in a warranty deed from Henry G. Chung Et Al, to the State of Connecticut, recorded in Volume 620, Page 379 of the town of South Windsor Land Records, and further described as the parcel of land identified as "Release Area" on a map entitled "Compilation Plan, Town of South Windsor, Map Showing Land Released to the Town of South Windsor by The State of Connecticut, Department of Transportation, Buckland Road, Scale 1" = 20', July 1998, James F. Byrnes Jr., P.E. Chief Engineer - Bureau of Engineering and Highway Operations, Town No. 132, Proj. No. 132-100, Serial No. 5A, Sheet 1 of 1", which parcel has an area of approximately .44 acre, (2) a portion of the land on town of South Windsor Tax Assessor's Maps 27-13 and 27-14, which is further described as the parcel of land identified as "Release Area" on a map entitled "Compilation Plan, Town of South Windsor, Map Showing Land Released to the Town of South Windsor by The State of Connecticut, Department of Transportation, Buckland Road, Scale 1" = 20', James F. Byrnes Jr., P.E. Chief Engineer - Bureau of Engineering and Highway Operations, Town No. 132, Proj. No. 132-100, Serial No. 6A, Sheet 1 of 1", which parcel has an area of approximately .94 acre, and (3) the subject parcel in a warranty deed from Ronald A. Phenix Et Al, to the State of Connecticut, recorded in Volume 627, Page 85 of the town of South Windsor Land Records and the subject parcel in a quit claim deed from Thomas C. O'Connor Et Al, to the State of Connecticut, recorded in Volume 620, Page 502 of the town of South Windsor Land Records, and further described as the parcel of land identified as "Release Area" on a map entitled "Compilation Plan, Town of South Windsor, Map Showing Land Released to, by The State of Connecticut, Department of Transportation, Buckland Road, Scale 1" = 20', Aug. 2000, James F. Byrnes Jr., P.E. Chief Engineer, Bureau of Engineering and Highway Operations, Town No. 132, Proj. No. 132-100, Serial No. 17A, Sheet 1 of 1", which parcel has an area of approximately .74 acre. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) (1) The town of South Windsor shall use said parcels of land for open space or storm water management and infrastructure improvement purposes, or may sell all or any portion of said parcels of land to a purchaser who shall use such land for economic development purposes. Any such sale shall be made at a cost equal to the fair market value of the land as determined by the average of the appraisals of two independent appraisers who shall be selected by the Commissioner of Transportation. Such cost shall be subject to the approval of such commissioner, said town and the purchaser. [All moneys received by the town of South Windsor from any such sale shall be paid promptly to the State Treasurer and deposited in the Special Transportation Fund.]

(2) If, in the case of any such parcel, the town of South Windsor (A) does not use the parcel for open space or storm water management and infrastructure improvement purposes, (B) does not retain ownership of all of the parcel, except for a sale of all or any portion of the parcel for economic development purposes in accordance with subdivision (1) of this subsection, or (C) leases all or any portion of the 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] 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. 7. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the town of Cheshire three parcels of land located in the town of Cheshire and any improvements on said parcels, at a cost equal to the administrative costs of making such conveyance. Said parcels of land have a total area of approximately 48.07 acres and are identified as Lots 31, 32 and 33 on town of Cheshire Tax Assessor's Map 4. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The town of Cheshire shall use said parcels of land and improvements for economic development and municipal purposes. If the town of Cheshire:

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

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

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

the parcels and improvements 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 and improvements 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. 8. (Effective from passage) Notwithstanding the provisions of section 21 of public act 00-168 and a certain restriction contained in a quit claim deed from the state of Connecticut, Treasurer, to the New Milford Affordable Housing, Inc., dated September 14, 2000, and recorded in the town of New Milford Land Records in Volume 647, at page 147, that the parcel of land described in said deed and the buildings on it shall revert to the state if sold or leased, the state of Connecticut shall release all right of reverter stemming from such sale or lease, provided said property is used for affordable housing purposes. The Treasurer shall execute and deliver a quit claim deed containing provisions to release said right of reverter in accordance with this section and include said restriction.

Sec. 9. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the New Haven Port Authority two parcels of land located in the city of New Haven, at a cost equal to the fair market value of the properties, as determined by the average of the appraisals of two independent appraisers selected by the commissioner, plus the administrative costs of making such conveyance. The first parcel of land has an area of approximately .55 acre and is identified as 135 Fulton Terrace, at Lot 1200 in Block 955 on city of New Haven Assessor's Map 69. The second parcel of land has an area of approximately .14 acre and is identified as 54 Edgemere Road, at Lot 1100 in Block 955 on city of New Haven Assessor's Map 69. Both parcels are further identified as the parcels of land described in Department of Transportation File Number 92-932-37A. 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 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. The Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

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

Section 1

from passage

New section

Sec. 2

from passage

New section

Sec. 3

from passage

New section

Sec. 4

from passage

New section

Sec. 5

from passage

New section

Sec. 6

from passage

SA 01-6, Sec. 9

Sec. 7

from passage

New section

Sec. 8

from passage

New section

Sec. 9

from passage

New section

GAE

Joint Favorable Subst.

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 19 $

FY 20 $

Resources of the General Fund

GF - See Below

   

Resources of the Special Transportation Fund

TF - See Below

   

Department of Energy and Environmental Protection; Department of Developmental Services

GF - Loss of Asset

See Below

See Below

Department of Transportation

TF - Loss of Asset

See Below

See Below

Note: GF=General Fund; TF=Transportation Fund

Municipal Impact:

Municipalities

Effect

Newington

See Below

Stratford

See Below

Portland

Gain of Asset

South Windsor

Potential Revenue Gain

Cheshire

See Below

New Milford

Potential Revenue Gain

New Haven

See Below

Explanation

The bill grants easements to or conveys certain parcels of state land. Each new conveyance represents a loss of a state asset. Payment for each of these conveyances and easements are detailed below.

Section 1 of the bill conveys two parcels of land, which collectively represent 28.8 acres of land, to Newington from the Department of Energy and Environmental Protection. The bill specifies that Newington pay for administrative costs. The state would lose use of an asset valued at $57,600.

Section 2 of the bill removes a use restriction in 1968 conveyance to Stratford and has no fiscal impact.

Section 3 of the bill grants an easement to Groton and has no fiscal impact.

Section 4 of the bill conveys a 7.29 acre parcel of land to the town of Portland from the Department of Transportation. The transaction would result in an expense of the administrative costs to the Department of Transportation and a loss of an asset. There is no cost to the town of Portland, which would gain use of the asset.

Section 5 of the bill conveys a parcel of land to Stratford from the Department of Developmental Services. The bill specifies that Stratford pay the fair market value of the property and administrative costs to the state. The transaction would result in a one-time revenue gain and a loss of state asset appraised at $15,000. Likewise, there would be a one-time cost and asset gain of the same amount to the city of Stratford.

Section 6 of the bill removes a restriction from a 2001 conveyance to South Windsor that requires that proceeds of the sale of the specified property go to the state. There is a potential loss of revenue to the state of the appraised value of the property ($465,000 appraisal in 2001), and a commensurate preclusion of loss of revenue to South Windsor.

Section 7 of the bill conveys three parcels of land, which collectively represent 48.07 acres of land, to Cheshire from the Department of Transportation. The bill specifies that Cheshire pay for the administrative costs of the transaction. The transaction would result in a loss of state assets and a gain of assets to the city of Cheshire.

Section 8 of the bill removes a restriction from a 2000 conveyance to New Milford that requires that proceeds of the sale of the specified property go to the state. There is a potential loss of revenue to the state of the appraised value of the property, and a commensurate preclusion of loss of revenue to New Milford.

Section 9 of the bill conveys two parcels of land, which collectively represent 0.69 acres of land, to New Haven from the Department of Transportation. The bill specifies that New Haven pay the fair market value of the property and administrative costs to the state. The transaction would result in a one-time revenue gain and a loss of state asset appraised at $169,600. Likewise, there would be a one-time cost and asset gain of the same amount to New Haven.

The land conveyances in sections 1, 3, 4, 5, 7, and 9 above are subject to the review and approval of the State Properties Review Board.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation and the terms negotiated for each conveyance.

OLR Bill Analysis

sSB 502

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

SUMMARY

This bill:

EFFECTIVE DATE: Upon passage

1, 4-5, 7, & 9 — NEW CONVEYANCES

As described in Table 1, the bill authorizes the following conveyances of state property from the departments of administrative services (DAS), developmental services (DDS), and transportation (DOT) to the towns and entity listed and for the purposes and costs noted.

Table 1: New Conveyances

Section

Town/Entity

Agency

Description/Purpose

Cost

1

Newington

DAS

Two parcels (part of larger parcel including former Cedarcrest Hospital), 28.8 acres, for passive recreation

Administrative costs

4

Portland

DOT

7.29 acres (including improvements), for recreational and tourism purposes

No cost

5

Stratford

DDS

Parcel of unspecified acreage containing the former Ella T. Grasso Center

Fair market value, as determined by averaging the appraisals of two independent appraisers selected by the DDS commissioner, plus administrative costs

7

Cheshire

DOT

Three parcels (including improvements) totaling 48.07 acres, for economic development and municipal purposes

Administrative costs

9

New Haven Port Authority

DOT

Two parcels in New Haven, 0.55 acre at 135 Fulton Terrace and 0.14 acre at 54 Edgemere Road

Fair market value, as determined by averaging the appraisals of two independent appraisers selected by the DOT commissioner, plus administrative costs

Each conveyance is subject to the State Properties Review Board's (SPRB) approval within 30 days after the board receives the agency's proposed agreement. Each property remains under the state agency's care and control until the conveyance is completed. The state treasurer must execute and deliver any necessary deed or instrument to complete the conveyances.

Except as noted below, the conveyances revert to the state if the recipient (1) does not use the property for the specified purposes, (2) does not retain ownership of the entire property, or (3) leases all or part of it. The Stratford and the New Haven parcels are not subject to reversion ( 5 & 9).

2, 6, & 8 — AMENDED CONVEYANCES

Stratford ( 2)

The bill amends a conveyance by quit claim deed, recorded in 1968, of a parcel from DOT (formerly the Highway Department) to Stratford. It removes the restriction that the property be used exclusively for school purposes. (Under existing law, the property reverts to the state if used for any other purpose.)

South Windsor ( 6)

The bill amends a conveyance, passed in 2001, of three parcels (totaling 2.12 acres) from DOT to South Windsor for open space or storm water management and infrastructure improvement purposes or to sell for economic development purposes. It allows the town to keep the proceeds from any sale for economic development purposes, instead of remitting them to the Special Transportation Fund.

It also makes a technical change to the 2001 special act to correct a singular parcel reference.

New Milford ( 8)

The bill amends a conveyance, passed in 2000, of a 0.51 acre parcel from DOT to New Milford Affordable Housing, Inc. for affordable housing purposes. It allows the sale or lease of the property as long as the property continues to be used for affordable housing. (Existing law reverts the conveyance to the state if sold or leased.) The bill requires the state treasurer to execute and deliver a quit claim deed containing the revised provisions.

3 — GROTON EASEMENT

The bill requires the commissioner of education to convey to Groton an easement next to Ella Grasso Technical High School for no cost. Groton must use the easement for vehicular and utility access (i.e., a driveway) to a middle school.

The easement is subject to the following:

The bill requires the SPRB approve the conveyance at least 30 days after receiving a proposed agreement from SDE.

The easement reverts to the state if the town (1) does not use it for the specified purposes, (2) does not retain ownership of the easement, or (3) leases all or part of it.

COMMITTEE ACTION

Government Administration and Elections Committee

Joint Favorable Substitute

Yea

17

Nay

0

(03/28/2018)

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