Bill Text: CT HB05550 | 2014 | General Assembly | Chaptered


Bill Title: An Act Concerning The Conveyance Of Certain Parcels Of State Land And The Rate Of Assessment Of Certain Residential Property In Hartford.

Spectrum: Slight Partisan Bill (Republican 11-6-1)

Status: (Passed) 2014-06-13 - Signed by the Governor [HB05550 Detail]

Download: Connecticut-2014-HB05550-Chaptered.html

Substitute House Bill No. 5550

Special Act No. 14-23

AN ACT CONCERNING THE CONVEYANCE OF CERTAIN PARCELS OF STATE LAND AND THE RATE OF ASSESSMENT OF CERTAIN RESIDENTIAL PROPERTY IN HARTFORD.

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

Section 1. Section 24 of special act 07-11, as amended by section 7 of special act 13-23, is amended to read as follows (Effective from passage):

(a) Notwithstanding any provision of the general statutes, the Commissioner of Correction shall convey to the town of East Lyme a parcel of land located in the town of East Lyme, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately twenty acres and is identified as a portion of the property on Lot 2, on town of East Lyme Tax Assessor's Map 10 on Roxbury Road. The conveyance shall be subject to the approval of the State Properties Review Board.

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

(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, other than a lease for agricultural 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 Correction. 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 Correction shall have the sole responsibility for all other incidents of such conveyance.

Sec. 2. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Correction shall convey to the Cheshire Community Food Pantry a parcel of land located in the town of Cheshire, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 2 acres and is identified as a portion of an approximately 244. 6 acre parcel containing the Cheshire Reformatory that is located on or closest to Sandbank Road. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The Cheshire Community Food Pantry shall use said parcel of land for charitable purposes. If the Cheshire Community Food Pantry:

(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 Correction. 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 Correction shall have the sole responsibility for all other incidents of such conveyance.

Sec. 3. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the city of New Haven a parcel of land located in the city of New Haven and any improvement upon said parcel, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 6. 95 acres and is identified as lot 1100 in Block 603 of city of New Haven Tax Assessor's Map 181, located at 470 James Street. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The city of New Haven shall use said parcel of land and any improvement upon said parcel for municipal purposes, including the relocation of public service departments, and for economic development purposes. If the city of New Haven:

(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 or improvement;

the parcel and improvement shall revert to the state of Connecticut.

(c) The state shall not be liable for any costs or claims related to the pollution or contamination on or emanating from the parcel or the remediation of such pollution or contamination, which pollution or contamination resulted from a discharge, spillage, uncontrolled loss, seepage or filtration on said parcel prior to the conveyance of said parcel.

(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 Transportation. The land shall remain under the care and control of the Department of Transportation 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 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 Haven a parcel of land located in the city of New Haven, at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately . 40 acre and is identified on a plan entitled "The City of New Haven, CONNECTICUT, DOWNTOWN CROSSING PHASE 2, COLISEUM SITE, PROPOSED NON-ACCESS LINE, OPTION 1 (MIN ROW REQ'D) DRAFT FOR REVIEW 4/14/14 BY PARSONS BRINKERHOFF". The conveyance shall be subject to the approval of the State Properties Review Board.

(b) (1) The city of New Haven shall use said parcel of land for economic development purposes and may convey or lease all or any portion of said parcel for economic development purposes, provided any consideration received by the city of New Haven for the sale or lease of said parcel, that is not otherwise allocated for public improvements, shall be transferred to the state.

(2) If the city of New Haven:

(A) Does not retain ownership of all of said parcel, except for a sale of all or any portion of said parcel for economic development purposes, in accordance with the provisions of subdivision (1) of this subsection; or

(B) Leases all or any portion of said parcel, except for a lease of all or any portion of said parcel for economic development purposes, in accordance with the provisions of subdivision (1) of this subsection,

the parcel shall revert to the state of Connecticut.

(3) The Commissioner of Transportation, in consultation with the city of New Haven, shall establish a new right-of-way for Route 34.

(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. 5. Section 21 of special act 06-10 is amended to read as follows (Effective from passage):

(a) Notwithstanding any provision of the general statutes, the Commissioner of Energy and Environmental Protection shall enter into an agreement with Heidi L. Zibello [and Richard A. Zibello] for the exchange of two parcels of land located in the Town of Morris, simultaneously and each in consideration of the other. The parcel of land to be conveyed by the Commissioner of Energy and Environmental Protection in said exchange is identified as part of Camp Columbia State Forest:

All that certain piece or parcel of land situated in the Town of Morris, County of Litchfield, State of Connecticut being shown as Parcel B on a certain map entitled "Property/Boundary Survey Map Showing Boundary Line Revisions Prepared For Heidi L. Zibello [Richard A. Zibello] and State of Connecticut Route 109 Morris, Connecticut" scale 1" = 20' [dated] August 2004, Revised October 2006, Revised September 2007, Revised May 2013 and prepared by Samuel P. Bertaccini, Jr. RLS # 10383 Litchfield Connecticut. [Parcel B contains 0. 027 acre more or less and is more particularly described as follows:

Beginning at a point on the south side of Connecticut Route 109 marking the northwest corner of land of Heidi L. and Richard A. Zibello and the northeast corner of the within described parcel, which point is located S 81º-29'-07" E 79. 44' from a CHD monument, thence along land of said Zibello S 24º-24'-12" E 18. 27' to a point, thence S 12º-51'-08" W 96. 08' to a point at the end of a stonewall in the north line of land of State of Connecticut which point marks the southwest corner of land of said Zibello and the southeast corner of the within described parcel, thence along land of said State of Connecticut the following courses and distances, N 81º-05'-04" W 10. 02' to a point to be marked by an iron pin which point marks the southwest corner of the within described parcel, thence N 12º-51'-08" E 91. 92' to a point to be marked by an iron pin, thence N 24º-24'-12" W 23. 12' to a point on the south side of said Connecticut Route 109 to be marked by an iron pin, which point marks the northwest corner of the within described parcel, thence along said Connecticut Route 109 S 81º-29'-07" E 12. 98' to the point and place of beginning. Said Parcel B being bounded as follows:

Northerly: by public highway known as Connecticut Route 109

Easterly: by land of Heidi L. and Richard A. Zibello

Southerly: by land of State of Connecticut

Westerly: by land of State of Connecticut]

The parcel of land to be conveyed by Heidi L. Zibello [and Richard A. Zibello] in said exchange is identified as:

All that certain piece or parcel of land situated in the Town of Morris, County of Litchfield, State of Connecticut being shown as Parcel A on a certain map entitled Property/Boundary Survey Map Showing Boundary Line Revisions Prepared For Heidi L. Zibello [Richard A. Zibello] and State of Connecticut Route 109 Morris, Connecticut scale 1" = 20' [dated] August 2004, Revised October 2006, Revised September 2007, Revised May 2013 and prepared by Samuel P. Bertaccini, Jr. RLS # 10383 Litchfield Connecticut. [Parcel A contains 0. 027 acre more or less and is more particularly described as follows:

Beginning at a point on the south side of Connecticut Route 109 marking the northwest corner of land of the State of Connecticut and the northeast corner of the within described parcel, which point is located N 81º-29'-07" W 28. 39' from a CHD monument, thence along land of said State of Connecticut the following courses and distances, S 73º-42'-54" W 15. 62' to a point, thence S 13º-18'-25" W 105. 54' to an iron pipe at the end of a stonewall which point marks the southeast corner of the within described parcel, thence along said stonewall N 81º-05'-04" W 10. 03' to a point to be marked by an iron pin which point marks the southeast corner of land of said Zibello and the southwest corner of the within described parcel thence along land of said Zibello N 13º-18'-25" E 112. 04' to a point to be marked by an iron pin on the south side of Connecticut Route 109 which point marks the northeast corner of land of said Zibello and the northwest corner of the within described parcel, thence along said Connecticut Route 109 S 81º-29'-07" E 23. 67' to the point and place of beginning. Said Parcel A being bounded as follows:

Northerly: by public highway known as Connecticut Route 109

Easterly: by land of State of Connecticut

Southerly: by land of State of Connecticut

Westerly: by land of Heidi L. and Richard A. Zibello]

Said exchange 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 Energy and 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 Energy and Environmental Protection shall have the sole responsibility for all other incidents of such conveyance.

Sec. 6. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Energy and Environmental Protection shall convey to the town of Barkhamsted a parcel of land located in the town of Barkhamsted and any improvement upon said parcel, at a cost equal to the administrative costs of such conveyance. Said parcel of land has an area of approximately 2. 6 acres and is located in the American Legion and Peoples State Forests and a portion of said parcel is identified as lot 3, unit X in Block 13 of town of Barkhamsted Tax Assessor's Map 21, located at 109 West River Road. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The town of Barkhamsted shall use said parcel of land and improvement for a senior and community center and related purposes. If the town of Barkhamsted:

(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 or improvement;

the parcel and improvement 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 improvement 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 subsection (b) of this section. The Commissioner of Energy and Environmental Protection 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 Administrative Services, on behalf of the Department of Education, shall grant to the town of Windham an easement over a certain parcel of land located in the town of Windham and identified as 210 Birch Street, Willimantic, for no consideration. The dimensions of such easement shall be determined by a survey acceptable to the Department of Administrative Services and the Department of Education. The easement shall be subject to the approval of the State Properties Review Board.

(b) The town of Windham shall use such easement for the purpose of installing, maintaining, operating, repairing and replacing a subsurface water main and related subsurface equipment, or for any other purpose approved in writing by the Department of Education.

(c) The easement to be granted to the town of Windham shall contain the following covenants in favor of the state: (1) The town of Windham shall indemnify and hold harmless the state from and against claims arising out of its use of such easement; (2) the town of Windham shall restore the premises of such easement after the completion of any work on such premises, including the repaving or reseeding of any disturbed areas; (3) the use and purpose of such easement shall not be expanded without the prior written approval of the Department of Education; and (4) the state shall retain the right to relocate the water main and the easement area and the town of Windham shall timely cause such relocation to be performed at its sole cost and expense. In the event that the town of Windham discontinues use of such easement for the purposes stated in this section or fails to comply with any provision of such covenants, such easement may be terminated by the state.

(d) The State Properties Review Board shall complete its review of such grant not less than thirty days after it receives a proposed agreement from the Department of Administrative Services. The State Treasurer shall execute and deliver any deed or instrument necessary for a grant 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 Administrative Services shall have the sole responsibility for all other incidents of such grant.

Sec. 8. (Effective from passage) The legislative body of the city of Hartford may, after a public hearing and upon the issuance of a zoning certificate, vote to amend its October 1, 2013, grand list for the sole purpose of ensuring that any property that is conveyed from a tax-exempt entity to a taxable entity for use as a residential property in an area zoned R-8 shall be assessed the rate of assessment applicable to residential properties, as defined in section 12-62r of the general statutes. Prorated assessments added to a grand list pursuant to section 12-81a of the general statutes shall be assessed the rate of assessment applicable to residential properties, as defined in section 12-62r of the general statutes.

Sec. 9. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the town of Colchester a parcel of land located in the town of Colchester and any improvement located on said parcel at a cost equal to the administrative costs of making such conveyance. Said parcel of land has an area of approximately 1. 397 acres and is identified as the parcel depicted as "Release Area=1. 397+ Acres" on a map entitled "COMPILATION PLAN TOWN OF COLCHESTER MAP SHOWING LAND RELEASED TO BY THE STATE OF CONNECTICUT DEPARTMENT OF TRANSPORTATION CT ROUTE 85 & SR 637 SCALE 1"=40' JAN. 2008 ARTHUR W. GRUHN, P. E. P. L. S. #18824 SHEET 1 of 1 PROJ. NO. 28-109 SERIAL NO. 9A" and certified as substantially correct by Robert J. Baron. The conveyance shall be subject to the approval of the State Properties Review Board.

(b) The town of Colchester shall use said parcel of land for a sewer pump station and related purposes. If the town of Colchester:

(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 shall revert to the state of Connecticut.

(c) Said parcel shall be subject to an easement to maintain an endwall in favor of the state of Connecticut and an easement to drain in favor of the state of Connecticut or its assigns.

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

Sec. 10. (Effective from passage) Notwithstanding the provisions of section 4b-21 of the general statutes, the Commissioner of Administrative Services may transfer custody and control of a parcel of land and any improvements on said parcel to the Capital Region Development Authority for housing or economic development purposes. Said parcel is owned by the state and is located in the city of Hartford at 10 Clinton Street. Such transfer shall be in accordance with terms and conditions recommended by the Commissioner of Administrative Services and approved by the Secretary of the Office of Policy and Management.

Sec. 11. Section 8 of special act 02-09, as amended by section 4 of special act 06-10; section 16 of special act 08-08; section 12 of public act 10-1 of the June special session; section 11 of special act 11-16; section 142 of public act 12-2 of the June special session, as amended by section 15 of special act 13-23; and sections 9, 14 and 16 of special act 13-23 are repealed. (Effective from passage)

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