Section 37-7.1-1 Executive director of economic development corporation - Authorization.

RI Gen L § 37-7.1-1 (2019) (N/A)
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§ 37-7.1-1. Executive director of economic development corporation - Authorization. (a) The executive director of the economic development corporation, with the approval of the state properties committee, is hereby authorized and empowered to sell, transfer, and convey in fee simple or otherwise in the name of and for the state of Rhode Island to the greater Providence chamber of commerce, a nonprofit corporation, certain real estate and improvements thereon belonging to the state of Rhode Island situated in the city of Providence and known as the west building of the union station complex in such manner and upon such terms and conditions as may in the judgment of the state properties committee be most advantageous to the public interest.

(b) The executive director, with the approval of the state properties committee, is hereby authorized and empowered to sell, transfer, and convey in fee simple or otherwise, in the name of and for the state of Rhode Island, to the Rhode Island economic development corporation any or all right, title, and interest now held or later acquired by the state in and to any real property, together with improvements thereon, situated within the capital center special development district in the city of Providence as provided by ordinance of the city council of the city of Providence in such manner and upon such terms and conditions as may in the judgment of the state properties committee be most advantageous to the public interest.

(c) The director, with the approval of the state properties committee, is hereby authorized and empowered to sell, transfer, and convey in fee simple or otherwise, in the name of and for the state of Rhode Island, to the Rhode Island economic development corporation, those certain parcels of real estate, or any portions thereof, and improvements thereon belonging to the state of Rhode Island for the purposes hereinafter set forth:

(1) Parcel (1) situated in the city of Cranston at the southeasterly corner of Route 37 and Pontiac Avenue consisting of twelve and fifty-two hundredths (12.52) acres of land, more or less, now occupied by the department of transportation maintenance garage; and

(2) Parcel (2) situated in the city of Cranston at the southeasterly corner of New London Avenue and Sockanosset Cross Road being a portion of state owned property identified in the tax assessors' records in the city of Cranston as Assessor's Plat 14, Assessor's Lot 1 and when subdivided as proposed would contain eight hundred and seventy eight thousand three hundred twenty-three (878,323) +/− square feet of land, more or less (20.164 acres). The northern terminus of the site would be at the intersection of New London Avenue and Sockanosset Cross Road extending along its easterly boundary on Sockanosset Cross Road and on its westerly boundary along New London Avenue. The southerly boundary would be drawn from an easterly point on Sockanosett Cross Road along the access road to state owned property on the south and then in an irregular line in a westerly/northwesterly direction to the New London Avenue junction more particularly bounded and described as follows:

(i) Beginning at a point in the southerly street line of Sockanosett Cross Road, said point being the northwesterly corner of land now or formerly of the Rhode Island Refunding Bond Authority and the northeasterly corner of the parcel herein described;

(ii) Thence proceeding westerly along the southerly street line of Sockanosett Cross Road a distance of six hundred eighty-eight and 50/100 feet (688.50 feet) to a Rhode Island Highway bound in the easterly highway line of New London Avenue (R.I. Route No. 37) as defined by Rhode Island highway plat No. 1361;

(iii) Thence turning an interior angle of one hundred thirty-three degrees, twenty-one minutes and twenty-seven seconds (133 degrees - 21 minutes - 27 seconds) and proceeding westerly a distance of one hundred twenty and 09/100 feet (120.09 feet) to a Rhode Island highway bound;

(iv) Thence turning an interior angle of one hundred thirty-eight degrees, forty-nine minutes and thirty seconds (138 degrees - 49 minutes - 30 seconds) and proceeding southwesterly a distance of two hundred forty-four and 11/100 feet (244.11 feet) to a Rhode Island highway bound;

(v) Thence turning an interior angle of one hundred seventy-three degrees, eight minutes and seventeen seconds (173 degrees - 08 minutes - 17 seconds) and proceeding southeasterly a distance of one hundred sixty-three and 36/100 feet (163.36 feet) to a Rhode Island highway bound at the intersection of Rhode Island highway plats No. 1361 & 201, the last three herein described courses run by and with the easterly highway line of Plat No. 1361;

(vi) Thence turning an interior angle of one hundred sixty-three degrees, thirty four minutes and fifty-one seconds (163 degrees - 34 minutes - 51 seconds) and proceeding southerly a distance of seven hundred eighteen and 90/100 feet (718.90 feet) along the easterly highway line of New London Avenue (R.I. Route No. 37) as defined by plat No. 201 to the northeasterly freeway line of New London Avenue (R.I. Route No. 37) as defined by Rhode Island freeway plat No. 1186;

(vii) Thence turning an interior angle of one hundred twenty-four degrees, thirty-one minutes and thirty-six seconds (124 degrees - 31 minutes - 36 seconds) and proceeding along the freeway line of plat No. 1186 a distance of three hundred forty-three and 40/100 feet (343.40 feet) to the southwesterly corner of the parcel herein described;

(viii) Thence turning an interior angle of one hundred seven degrees, twenty-six minutes and thirty seconds (107 degrees - 26 minutes - 30 seconds) and proceeding easterly parallel to and fifty feet (50 feet) southerly of an existing brick building, bounded southerly by land now or formerly the state of Rhode Island a distance of five hundred thirty-eight and 62/100 feet (538.62 feet) to a corner at land now or formerly belonging to the Rhode Island Refunding Bond Authority;

(ix) Thence turning an interior angle of ninety-eight degrees, thirty-eight minutes and twenty-six seconds (98 degrees - 38 minutes - 26 seconds) and proceeding northerly a distance of eighty-four and 59/100 feet (84.59 feet) to a corner;

(x) Thence turning an interior angle of two hundred seventy degrees, zero minutes and zero seconds (270 degrees - 00 minutes - 00 seconds) and proceeding easterly a distance of two hundred thirty-four and 22/100 feet (234.22 feet) to a corner;

(xi) Thence turning an interior angle of one hundred fourteen degrees, fifty-eight minutes and six seconds (114 degrees - 58 minutes - 6 seconds) and proceeding northerly a distance of three hundred five and 46/100 feet (305.46 feet) to a point of curvature;

(xii) Thence proceeding northeasterly along the arc of a curve tangent to the previous described course deflecting to the right having a central angle of twenty-five degrees, thirty-one minutes and eighteen seconds (25 degrees - 31 minutes - 18 seconds) and a radius of five hundred fifty-seven and 37/100 (557.37 feet) a distance of two hundred forty-eight and 27/100 feet (248.27 feet) to a point of tangency;

(xiii) Thence proceeding tangent to the previously described curve a distance of thirty-one and 87/100 feet (31.87 feet) to the point and place of beginning, the last five herein described courses are bounded southerly and easterly by the land now or formerly belonging to the Rhode Island refunding bond authority. The first herein described course forms an interior angle of ninety degrees, zero minutes and zero seconds (90 degrees - 00 minutes - 00 seconds) with the last herein described course.

(d)(1) Parcel 2 may be conveyed together with:

(i) A non-exclusive easement for access by foot and by vehicles of all kinds on, over, and across a certain parcel of land situated on the easterly side of parcel 2, which parcel includes the existing access road, shall be approximately one hundred feet (100 feet) more or less in width, and shall be situated southerly of Sockanosett Cross Road extending from Sockanosett Cross Road to the road which begins at the parking area situated at the terminus of the access road and then extends under Rhode Island Route 37, a non-exclusive easement to place, construct, locate, alter, maintain, and repair underground utilities and drains in the easement area to serve the improvements situated or to be situated on parcel 2, and a non-exclusive easement to place, construct, locate, alter, maintain and repair signs and landscaping and other improvements for buffering on the portions of the easement area not utilized for roads, sidewalks, improvements or other purposes, all as approved by the director;

(ii) A non-exclusive easement for access by foot and by vehicles of all kinds on, over, and across approximately two hundred feet (200 feet) of the northerly portion of the road which begins at the parking area situated at the terminus of the access road and then extends under Rhode Island Route 37, as approved by the director;

(iii) A non-exclusive easement for access to parcel 2, by foot and by vehicles of all kinds on, over, and across a certain parcel of land situated southerly of parcel 2, which parcel of land shall be approximately one hundred fifty feet (150 feet) more or less in width and which parcel shall extend from the easement areas described in (i) and (ii) above to the Freeway Line of the exit ramp to New London Avenue, all as approved by the director; and

(iv) A non-exclusive easement to place, construct, locate, alter, maintain and repair a detention pond of a size approved by the director on the portion on the parcel of land situated southerly of the parcel of land described in (iii) above, westerly of the road which begins at the parking area situated at the terminus of the access road and then extends under Rhode Island Route 37, easterly of the Freeway Line of the exit ramp to New London Avenue and northeasterly of Rhode Island Route 37, all as approved by the director.

(2) The state of Rhode Island shall retain all rights to the easement areas which may be exercised in a manner not inconsistent with the foregoing easement rights. The Rhode Island refunding bond authority shall join in any instruments necessary to carry out the foregoing conveyances and grants at the direction of the director of the department of children, youth and families. The easements shall encompass such specific areas as shall be approved by the state properties committee.

(3) The conveyance of the parcel of land and the grant of the easements shall be in such manner and upon such terms and conditions as may in the judgment of the state properties committee be most advantageous to the public interest.

(4) The Rhode Island economic development corporation shall offer these parcels to the highest responsible bidder which in the judgment of the corporation will use or develop the parcels in a manner most advantageous to the public interest subject to local and state ordinances and laws.

(e) The executive director, with the approval of the state properties committee, is hereby authorized and empowered to sell, transfer, and convey in fee simple or otherwise in the name of and for the state of Rhode Island to the convention center authority, certain real estate, or any portion thereof, and improvements thereon, presently leased and occupied by the department of employment security and on which the state has an option to purchase, situated on West Exchange Street in the city of Providence, in the event the state acquires the real property, in such manner and upon such terms and conditions as may in the judgment of the state properties committee be most advantageous to the public interest.

(f) The executive director, with the approval of the state properties committee, is hereby authorized and empowered to sell, transfer, and convey in fee simple or otherwise in the name of and for the state of Rhode Island to the Rhode Island economic development corporation that certain real estate, or any portion thereof, and improvements thereon, located in the town of Exeter and known as Ladd Center, in such manner and upon such terms and conditions as may in the judgment of the state properties committee be most advantageous to the public interest.

(g) The executive director is hereby authorized and empowered to sell, transfer, and convey in fee simple, in the name of and for the state of Rhode Island, to the Rhode Island economic development corporation, that certain real estate and improvements thereon belonging to the state of Rhode Island situated in the city of Providence, set forth and delineated as Parcels 1, 1A, 2 and 3 on the survey entitled "Plan of Land in Providence, Rhode Island surveyed for Providence Place surveyed and drawn by Marrier Surveying, Inc. Scale 1" = 40' May 1990, revised May 1995" recorded or to be recorded in the Providence recorder of deeds office, which land is now occupied by the URI extension division building and by the Roger Williams Building. The foregoing authorization is intended to authorize and empower the executive director to execute and deliver a confirmatory deed to the Rhode Island economic development corporation to confirm the conveyance and correct the description in the deed from the state of Rhode Island to the Rhode Island port authority and economic development corporation dated October 21, 1994, recorded or to be recorded in the Providence recorder of deeds office.

(h) Any conveyance pursuant to this subsection shall be for the purpose of providing a portion of the site of the Providence Place Project, so-called, and may be for such consideration, or without consideration, as the executive director shall deem appropriate. Notwithstanding the provisions of any general or special law to the contrary, no restriction shall apply to and no further approval, determination or action of any kind shall be required to effect a conveyance or any conveyance by the Rhode Island economic development corporation of any interest therein in connection with the Providence Place Project.

(i) The provisions of §§ 37-7-3 and 37-7-5 shall not be applicable to the conveyances which have been or hereafter may be effected by the director of the department of economic development or Rhode Island economic development corporation under the provisions of this section.

History of Section. (P.L. 1984, ch. 286, § 1; P.L. 1985, ch. 368, § 1; P.L. 1988, ch. 129, art. 29, § 1; P.L. 1990, ch. 12, § 1; P.L. 1990, ch. 65, art. 87, § 1; P.L. 1991, ch. 44, art. 60, § 1; P.L. 1992, ch. 133, art. 91, § 1; P.L. 1995, ch. 400, § 3.)