TITLE 37
Public Property and Works

CHAPTER 37-5
Department of Transportation

SECTION 37-5-8


§ 37-5-8 Transfer of certain interstate route 195 property.

(a) Findings. The State of Rhode Island, in accordance with that certain United States Federal Highway Administration Record of Decision entitled "Record of Decision, Improvements to Interstate Route 195, Providence, Rhode Island, FHWA-RI-EIS-93-01-F, January 14, 1997" is relocating and improving certain portions of interstate route 195 traversing through portions of the city of Providence. In connection with such highway relocation, certain parcels of land within the city of Providence will become available for beneficial reuse. It is found and declared that:

(1) The relocation of interstate route 195 within the city of Providence will result in the creation of surplus parcels of land available for sale and commercial, institutional and residential development and beneficial reuse, including without limitation to support or encourage workforce development, education and training, and the growth of "knowledge based" jobs and industries such as research and development, life sciences, media technologies, entrepreneurship and business management, design, hospitality, software design and application, and a variety of other uses consistent with a knowledge based economy;

(2) The city of Providence comprehensive plan and various other studies, plans and reports that are a matter of public record support the use of portions of the city of Providence's jewelry district and portions of the surplus land created by the relocation of interstate route 195 for development that is benefited by close proximity to universities, hospitals, and medical schools for the development with and by such institutions of facilities (including without limitation a hotel and/or conference center and academic, medical, research and development, commercial, residential, and parking facilities) to support the growth of a knowledge based economy;

(3) The sale or lease of such surplus parcels of land at fair market value, and the re-use and development of such parcels will be beneficial to the city of Providence and the state and advantageous to the public interest; and

(4) The surplus parcels of land, together with all improvements thereon, that will be created by the relocation of interstate route 195 are sometimes collectively referred to herein as the "I-195 Surplus Land" which land is identified in the "Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis" prepared by CKS Architecture & Urban Design dated 2009," and such term means those certain tracts or parcels of land situated in the city of Providence, county of Providence, State of Rhode Island, delineated on that certain plan of land captioned "Improvements to Interstate Route 195, Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1" =20', Bryant Associates, Inc., Engineers-Surveyors-Construction Managers, Lincoln, RI., Maguire Group, Inc., Architects/Engineers/Planners, Providence, RI," bounded and described as follows:

(i) Area I

That certain parcel of land, with all improvements thereon, situated easterly of Interstate Route No. 95, southwesterly of Chestnut Street and northwesterly of Hoppin Street in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

Beginning at a point on the southeasterly street line of Pine Street at the westerly corner of land owned now or formerly by Johnson & Wales University;

Thence S 54(21' 39" E along the northwesterly State Freeway Line established by State Highway Plat No. 1074A a distance of ninety-four and eighty-one one-hundredths (94.81) feet to a point;

Thence S 54(21' 39" E along said State Freeway Line a distance of nineteen and twenty one-hundredths (19.20) feet to a point, the two previous courses running along land owned now or formerly by Johnson & Wales University;

Thence in a general northeasterly direction along a non-tangent curve deflecting to the left, said curve having a radius of four-hundred twenty-three and zero one-hundredths (423.00) feet, subtended by a central angle of 14(38' 19" for an arc length of one-hundred eight and seven one-hundredths (108.07) feet, a chord bearing of N 53(54' 03" E and a chord length of one- hundred seven and seventy-eight one-hundredths (107.78) feet to a spiral curve,

Thence in a general northeasterly direction along said spiral curve having a radius of four-hundred twenty-three and zero one-hundredths (423.00) feet, a Theta angle of 09(50' 57" for a spiral length of one-hundred forty-five and forty-three one-hundredths (145.43) feet to a point of tangency; said spiral curve running along the northwesterly State Freeway Line established by State Highway Plat No. 1233;

Thence N 36(43' 57" E a distance of sixty-one and ninety one-hundredths (61.90) feet to a point;

Thence N 54(17' 18" W a distance of four and eighty-seven one-hundredths (4.87) feet to a point;

Thence N 29(26' 59" E a distance of two-hundred ninety-five and ninety-one one- hundredths (295.91) feet to a point;

Thence N 59(31' 58" W a distance of fifty-seven and zero one-hundredths (57.00) feet to a point,

Thence N 56(27' 36" E a distance of one-hundred eighty-six and fifty-seven one- hundredths (186.57) feet to a point on the southwesterly street line of Chestnut Street, the three previous courses running along the northwesterly State Freeway Line established by State Highway Plat No. 900,

Thence S 59(38' 32" E along said southwesterly street line of Chestnut Street a distance of one-hundred ninety-seven and thirty-five one-hundredths (197.35) feet to a point;

Thence in a general southwesterly direction along a curve deflecting to the left, said curve having a radius of five-hundred ninety and zero one-hundredths (590.00) feet, subtended by a central angle of 14(02' 58" for an arc length of one-hundred forty-four and sixty-seven one-hundredths (144.67) feet, a chord bearing of S 47(40' 44" W and a chord length of one-hundred forty-four and thirty-one one-hundredths (144.31) feet to a point;

Thence S 32(34' 31" W a distance of eighty and ninety-two one-hundredths (80.92) feet to a point;

Thence S 55(19' 41" E a distance of nineteen and fifty one-hundredths (19.50) feet to a point;

Thence S 35(27' 19" W a distance of one-hundred seventy-eight and fifty-two one- hundredths (178.52) feet to a point on the southwesterly street line of Claverick Street;

Thence S 55(19' 41" E along said southwesterly street line of Claverick Street a distance of one-hundred thirty-five and fifty-seven one-hundredths (135.57) feet to a point on the southeasterly street line of Clifford Street;

Thence S 35(26' 28" W along said southeasterly street line of Clifford Street a distance of fifty-six and seventy one-hundredths (56.70) feet to a point;

Thence S 29(00' 35" W along land owned now or formerly by Eighty-Six Point Street, LLC and Mad Realty Associates, partly by each, a distance of seventy-three and forty-seven (73.47) feet to a point;

Thence S 54(37' 34" E along land owned now or formerly by Mad River Realty Associates a distance of zero and seventy-six one-hundredths (0.76') feet to a non-tangent curve;

Thence in a general southwesterly direction along said non-tangent curve deflecting to the left, said curve having a radius of three-hundred twenty-seven and zero one-hundredths (327.00) feet, subtended by a central angle of 29 (27' 51" for an arc length of one-hundred sixty-eight and sixteen one-hundredths (168.16) feet, having a chord bearing of S 07(49' 43" W and a chord length of one-hundred sixty-six and thirty-one one-hundredths (166.31) feet to a point;

Thence S 54(37' 34" E a distance of twenty-three and nine one-hundredths (23.09) feet to a point, the previous two courses running along land owned now or formerly by Claverick Realty Company;

Thence S 35(22' 26" W a distance of twenty and fifty-three one-hundredths (20.53) feet to a non-tangent curve on the northeasterly street line of Hoppin Street;

Thence in a general southeasterly direction along said non-tangent curve deflecting to the left, said curve having a radius of three-hundred twenty-five and zero one-hundredths (325.00) feet, subtended by a central angle of 16(20' 47" for an arc length of ninety-two and seventy-two one-hundredths (92.72) feet, having a chord bearing of S 20(09' 55" E and a chord distance of ninety-two and forty-one one-hundredths (92.41) feet to a point;

Thence S 28(20' 18" E a distance of fifteen and twenty-five one-hundredths (15.25) feet to a point of curvature;

Thence in a general southeasterly direction along a curve deflecting to the left, said curve having a radius of thirteen and fifty-eight one-hundredths (13.58) feet, subtended by a central angle of 116(31' 28" for an arc length of twenty-seven and sixty-one (27.61) feet, having a chord bearing of S 86(36' 02" E and a chord length of twenty-three and nine one-hundredths (23.09) feet to a point on the northwesterly street line of Bassett Street;

Thence S 35(22' 26" W along said northwesterly street line of Bassett Street a distance of seventy-one and fifty-two one-hundredths (71.52) feet to a point on the southwesterly street line of Hoppin Street;

Thence S 28(19' 27" E along said southwesterly street line of Hoppin Street a distance of three-hundred eighty-nine and forty one-hundredths (389.40) feet to a point on the northeasterly street line of Proposed East Franklin Street;

Thence N 53(39' 21" W along said northeasterly street line of Proposed East Franklin Street a distance of one-thousand two-hundred two and fourteen one-hundredths (1202.14) feet to a point;

Thence N 35(43' 17" E a distance of fifteen and ninety-two one-hundredths (15.92) feet to a point;

Thence N 35(43' 17" E a distance of thirty-nine and twenty-one one-hundredths (39.21) feet to a point;

Thence S 65(00' 33" E a distance of five and twenty-six one-hundredths (5.26) feet to a point;

Thence N 36(11' 07" E a distance of forty-eight and sixty-eight one-hundredths (48.68) feet to a point;

Thence S 54(02' 43" E a distance of one-hundred twenty-six and ninety-four one- hundredths feet to a point on the northwesterly street line of Pine Street, the previous four courses running along land owned now or formerly by The Housing Authority of the City of Providence;

Thence S 54(02' 43" E a distance of forty and twelve one-hundredths (40.12) feet to a point on the southeasterly street line of Pine Street;

Thence N 35(38' 21" E along said southeasterly street line of Pine Street a distance of seventy-four and forty-eight one hundredths (74.48) feet to the point and place of beginning;

The above described parcel contains three hundred ninety-five thousand two hundred eighty-two (395,282) square feet or 9.07 acres, more or less.

(ii) Area II

That certain parcel of land, with all improvements thereon, situated southwesterly of Richmond Street, northeasterly of Ship Street, northwesterly of Chestnut Street and southeasterly of Friendship Street in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

Beginning at a point at the intersection of the southeasterly street line of Friendship Street and the northeasterly street line of Chestnut Street;

Thence N 35(26' 25" E along the southeasterly street line of Friendship Street a distance of two-hundred seventy and eighty-two one-hundredths (270.82) feet to a point;

Thence S 53(56' 39" E along the State Freeway Line established by Amended State Highway Plat No. 900 a distance of forty-five and two one-hundredths (45.02) feet to a point;

Thence N 64(30' 09" E along said State Freeway Line a distance of two-hundred eight and forty-six one-hundredths (208.46) feet to a point on the southwesterly street line of Richmond Street, the two previous courses running along land owned now or formerly by Stephen R. & Francine Beranbaum;

Thence S 53(56' 39" E along said southwesterly street line of Richmond Street a distance of two-hundred twenty and fifty-nine one-hundredths (220.59) feet to a point;

Thence S 35(26' 57" W along the State Freeway Line established by Amended Plat No. 900 a distance of one-hundred twenty and ninety-seven one-hundredths (120.97) feet to a point;

Thence N 55(40' 21" W along said State Freeway Line a distance of fifteen and one- one-hundredth (15.01) feet to a point

Thence S 60(41' 45" W along said State Freeway Line a distance of ninety-seven and ninety-two one-hundredths (97.92) feet to a point;

Thence S 67(47' 39" W along said State Freeway Line a distance of fifty and ninety-three one-hundredths (50.93) feet to a point, the previous three courses running along land owned now or formerly by Ship Street Parking Associates, LLC;

Thence N 41(01' 46" E a distance of zero and fifty-five one-hundredths (0.55) feet to a point;

Thence N 61(40' 21" W a distance of twenty-six and forty-nine one-hundredths (26.49) feet to a point;

Thence N 54(43' 25" W a distance of twenty-five and thirty-two one-hundredths (25.32) feet to a point;

Thence S 35(23' 19" W a distance of zero and sixty-two one-hundredths (0.62) feet to a point, the previous four courses running along the State Highway Line established by Plat No. 2492;

Thence N 54(36' 41" W along the State Freeway Line established by Plat No. 900 a distance of zero and forty five one-hundredths (0.45) feet to a point;

Thence S 35(23' 19" W along the State Highway Line established by Plat No. 2728 a distance of one-hundred one and two one-hundredths (101.02) feet to a point on the northerly street line of Ship Street;

Thence S 88(00' 16" W a distance of fifty and forty-nine one-hundredths (50.49) feet to a point;

Thence S 88(00' 16" W a distance of eighty-four and thirty-six one-hundredths (84.36) feet to a point, the two previous courses running along the northerly street line of Ship Street;

Thence N 59(38' 32" W along the northeasterly street line of Chestnut Street a distance of one-hundred twenty-four and thirty one-hundredths (124.30) feet to the point and place of beginning;

The above described parcel contains one hundred five thousand seventy-six (105,076) square feet or 2.41 acres, more or less.

(iii) Area III

That certain parcel of land, with all improvements thereon, situated westerly of Dyer Street, northeasterly of Richmond Street, southeasterly of Clifford Street and southwesterly of Dorrance Street in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

Beginning at a point at the intersection of the northeasterly street line of Richmond Street and the southeasterly street line of Clifford Street;

Thence N 35(27' 30" E along the southeasterly street line of Clifford Street a distance of one-hundred forty-seven and twenty-six one-hundredths (147.26) feet to a point;

Thence S 54(32' 30" E a distance of fifteen and zero one-hundredths (15.00) feet to a point;

Thence N 62(01' 24" E a distance of eighty-nine and forty-four one-hundredths (89.44) feet to a point;

Thence S 54(32' 30" E a distance of forty and twenty one-hundredths (40.20) feet to a point;

Thence N 35(27' 30" E a distance of one-hundred fifty-two and eighty-nine one- hundredths (152.89) feet to a point on the southwesterly street line of Eddy Street;

Thence N 61(53' 05" E a distance of forty and fourteen one-hundredth (40.14) feet to a point on the northeasterly street line of Eddy Street, the previous six courses running along the State Freeway Line established by Amended Plat No. 900;

Thence N 28(06' 55" W along the northeasterly street line of Eddy Street a distance of fifteen and fifty-two one-hundredths (15.52) feet to a point;

Thence N 24(40' 40" E a distance of one-hundred thirty-six and seventy one-hundredths (136.70) feet to a point;

Thence N 54(32' 30" W a distance of seventy-three and sixty one-hundredths (73.60) feet to a point on the southeasterly street line of Clifford Street, the two previous courses running along the State Freeway Line established by Plat No. 1385;

Thence N 35(27' 30" E along the State Highway Line established by Amended Plat No. 900 a distance of one-hundred fifty-two and four one-hundredths (152.04) feet to a point;

Thence N 35(27' 30" E along the State Freeway Line established by Amended Plat No. 900 a distance of thirty-nine and three one-hundredths (39.03) feet to a point;

Thence N 35(27' 30" E along said State Freeway Line a distance of one-hundred seventy-five and seventy one-hundredths (175.70) feet to a point, the three previous courses running along the southeasterly street line of Clifford Street;

Thence S 51(30' 57" E a distance of eighteen and thirty-seven one-hundredths (18.37) feet to a point on the westerly street line of Dyer Street;

Thence S 04(06' 53" E a distance of twenty-three and twenty-three one-hundredths (23.23) feet to a point, the two previous courses running along the State Freeway Line established by Amended Plat No. 900;

Thence S 04(06' 53" E along the State Highway Line established by Amended Plat No. 900 a distance of fifty-eight and eighty-eight one-hundredths (58.88) feet to a point;

Thence S 04(06' 53" E along the State Freeway Line established by Amended Plat No. 900 a distance of seventy and seventy-two one-hundredths (70.72) feet to a point;

Thence S 04(061' 53" E along the State Highway Line established by Amended Plat No. 900 a distance of seventy and ninety-nine one-hundredths (70.99) feet to a point;

Thence S 04(06' 53" E along the State Freeway Line established by Amended Plat No. 900 a distance of seven-hundred eighty-eight and seventy-three one-hundredths (788.73) feet to a point on the northeasterly street line of Eddy street, the previous five courses running along the westerly street line of Dyer Street;

Thence N 28(06' 55" W along the northeasterly street line of Eddy Street a distance of one-hundred eighty-two and eighty-four one-hundredths (182.84) feet to a point;

Thence N 07(47' 27" W a distance of one-hundred fifteen and sixteen one-hundredths (115.16) feet to a point;

Thence S 57(36' 31" W a distance of forty and eleven one-hundredths (40.11) feet to a point on the northeasterly street line of Eddy Street, the two previous courses running along land owned now or formerly by One Ship Street, LLC;

Thence N 28(06' 55" W along said northeasterly street line of Eddy Street a distance of two and ninety-nine one-hundredths (2.99) feet to a point;

Thence S 61 53' 35" W a distance of forty and nineteen one-hundredths (40.19) feet to a point on the southwesterly street line of Eddy Street;

Thence S 63(22' 30" W a distance of forty-eight and seventy-four one-hundredths (48.74) feet to a point;

Thence S 64(11' 22" W a distance of fifty-nine and thirty-nine one-hundredths (59.39) feet to a point, the two previous courses running along land owned now or formerly by One Ship St. LLC;

Thence N 17(07' 51" W along land owned now or formerly by 196 Richmond Street Associates II a distance of six and twenty-six one-hundredths (6.26) feet to a point;

Thence S 37(21' 21" W along said 196 Richmond Street Associates II land a distance of one-hundred forty-eight and sixteen one-hundredths (148.16) feet to a point on the northeasterly street line of Richmond Street, the four previous courses running along the State Freeway Line established by Amended Plat No. 900;

Thence N 53(56' 59" W along the northeasterly street line of Richmond Street a distance of three-hundred twenty-three and eighty-three one-hundredths (323.83) feet to the point and place of beginning;

The above described parcel contains two hundred fifty-six thousand four hundred five (256,405) square feet or 5.89 acres, more or less.

(iv) Area IV

That certain parcel of land, with all improvements thereon, situated easterly of Dyer Street and southwesterly of the Providence River in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

Beginning at a point at the intersection of the northeasterly street line of Eddy Street and the easterly street line of Dyer Street;

Thence N 04(06' 53" W along the easterly street line of Dyer Street a distance of seven- hundred forty-nine and zero one-hundredths (749.00) feet to the intersection with the southwesterly street line of Dorrance Street;

Thence S 49(33' 48" E along said southwesterly street line of Dorrance Street a distance of one-hundred thirteen and twenty-three one-hundredths (113.23) feet to a point;

Thence N 40(26' 12" E a distance of two-hundred twenty and forty-nine one-hundredths (220.49) feet to a point;

Thence N 21(16' 31" W a distance of seventy-nine and seventy-four one-hundredths (79.74) feet to a point;

Thence N 51(28' 13" W a distance of twenty-three and fifty one-hundredths (23.50) feet to a point;

Thence N 38(31' 47" E a distance of thirty-nine and seventy-seven one-hundredths (39.77) feet to a point;

Thence N 00(58' 39" W a distance of ninety-two and three one-hundredths (92.03) feet to a non-tangent curve;

Thence in a general southeasterly direction along said non-tangent curve deflecting to the right, said curve having a radius of one-hundred twenty and zero one-hundredths (120.00) feet, subtended by a central angle of 30(43' 53" for an arc length of sixty-four and thirty-six one-hundredths (64.36) feet, having a chord bearing of S 38(51' 16" E and a chord length of sixty-three and fifty-nine one-hundredths (63.59) feet to a point;

Thence S 23(29' 19" E a distance of one-hundred four and zero one-hundredths (104.00) feet to a point;

Thence N 88(49' 02" W a distance of sixty-four and eighty-eight one-hundredths (64.88) feet to a point on the southwesterly Harbor Line of the Providence River;

Thence S 24(02' 21" E along said Providence River Harbor Line a distance of five-hundred sixty-eight and forty-nine one-hundredths (568.49) feet to a non-tangent curve;

Thence in a general southwesterly direction along said non-tangent curve deflecting to the right, said curve having a radius of eighty-seven and zero one-hundredths (87.00) feet, subtended by a central angle of 35(36' 29" for an arc length of fifty-four and seven one-hundredths (54.07) feet, having a chord bearing of S 55(25' 21" W and a chord length of fifty-three and twenty one-hundredths (53.20) feet to a point;

Thence S 73(13' 36" W a distance of ninety-five and zero one-hundredths (95.00) feet to a point;

Thence S 16(46' 24" E a distance of fifty-five and zero one-hundredths (55.00) feet to a point on the former southerly street line of Ship Street;

Thence S 73(13' 36" W along said former southerly street line of Ship Street a distance of three-hundred eighty and zero one-hundredths (380.00) feet to a point;

Thence 15(11' 47" W a distance of one-hundred seventy-seven and three one-hundredths (177.03) feet to the point and place of beginning;

The above described parcel contains two hundred ninety thousand three hundred forty-one (290,341) square feet or 6.665 acres, more or less.

(v) Area V

That certain parcel of land, with all improvements thereon, situated southeasterly of Crawford Street, southwesterly of South Water Street and South Main Street and east of the Providence River in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

Beginning at a point at the intersection of the southeasterly street line of Crawford Street and the southwesterly street line of South Water Street;

Thence S 28(33' 15" E a distance of three-hundred seventy and ninety-nine one- hundredths (370.99) feet to a point;

Thence S 36(49' 15" E a distance of six-hundred sixty-four and ninety-nine one- hundredths (664.99) feet to a point;

Thence S 35(04' 38" E a distance of four-hundred twenty-six and forty-one one- hundredths (426.41) feet to a point;

Thence S 33(47' 46" E a distance of one-hundred fifteen and twenty-one one-hundredths (115.21) feet to a point on the southeasterly street line of James Street, the four previous courses running along the southwesterly street line of South Water Street;

Thence N 55(45' 24" E along the southerly street line of James Street a distance of twenty-three and ninety-one one-hundredths (23.91) feet to a point;

Thence S 77(20' 45" E along land owned now or formerly by the State of Rhode Island a distance of ninety-five and eighty-seven one-hundredths (95.87) to a point;

Thence S 34(14' 36" E a distance of forty-five and ninety one-hundredths (45.90) feet to a point;

Thence N 80(29' 31" E a distance of thirty-nine and twenty-nine one-hundredths (39.29) feet to a point;

Thence N 55(04' 40" E a distance of twenty-two and ninety-one one-hundredths (22.91) feet to a point on the State Freeway Line established by Plat No. 900B, the three previous courses bounded by land owned now or formerly by Dolphin House LTD and running along the State Freeway Line established by Plat No. 900;

Thence S 39(02' 00" E a distance of one-hundred seventeen and fifty-one one- hundredths (117.51) feet to a point;

Thence S 53(16' 17" E a distance of thirty-nine and thirty-one one-hundredths (39.31) feet to a point on the southwesterly street line of South Main Street, the two previous courses running along the State Freeway Line established by Plat No. 900B;

Thence S 51(47' 17" E along the southwesterly street line of South Main Street a distance of two-hundred thirty-six and thirty-three one-hundredths (236.33) feet to a point;

Thence S 54(40' 07" E a distance of four-hundred twenty-five and sixty-two one- hundredths (425.62) feet to a point on the northerly street line of Bridge Street;

Thence N 57(21' 51" E a distance of eighty-two and seventy one hundredths (82.70) feet to a point on the northwesterly street line of Wickenden Street;

Thence S 17(13' 13" E a distance of forty-four and thirty-seven one-hundreds (44.37) feet to a point;

Thence N 72(46' 47" E a distance of seventy-two and zero one-hundredths (72.00) feet to a point;

Thence S 31(08' 51" E a distance of fifty-two and eighty-five one-hundredths (52.85) feet to a point at the intersection of the southeasterly street line of Wickenden Street and the southwesterly street line of Benefit Street;

Thence S 55(53' 32" W a distance of three-hundred thirteen and forty one-hundredths (313.40) feet to a point;

Thence S 75(42' 33" W a distance of forty-four and eighty-three one-hundredths (44.83) feet to a point on the northwesterly street line of South Main Street, the two previous courses running along the southeasterly street line of Bridge Street;

Thence S 34(11' 30" E along the northwesterly street line of South Main Street a distance of sixty-seven and ninety-eight one-hundredths (67.98) feet to a point;

Thence N 70(31' 58" W a distance of forty-nine and ninety-seven one-hundredths (49.97) feet to a point;

Thence S 39(28' 14" W a distance of fifty-two and forty-four one-hundredths (52.44) feet to a point;

Thence N 50(42' 37" W a distance of twelve and zero one-hundredths (12.00) feet to a point;

Thence S 71(46' 00" W a distance of one-hundred one and twelve one-hundredths (101.12) feet to a point on the northeasterly street line of South Water Street, the four previous courses running along the State Freeway Line established by Plat No. 900;

Thence N 18(33' 00" W along the northeasterly street line of South Water Street a distance of forty-nine and five one-hundredths (49.05) feet to a point on the southwesterly street line of Bridge Street;

Thence S 86(43' 46" W a distance of forty-five and ninety-four one-hundredths (45.94) feet to a point at the intersection of the southwesterly street line of South Water Street and the southwesterly street line of Bridge Street;

Thence S 88(50' 14" W along the southwesterly street line of Bridge Street a distance of ninety-five and seventy-one one-hundredths (95.71) feet to a point on the southeasterly street line of Point Street;

Thence N 32(08' 16" W along the northeasterly Harbor Line of the Providence River a distance of sixty and fourteen one-hundredths (60.14) feet to a point on the northeasterly street line of Point Street;

Thence N 32(08' 16" W a distance of one-hundred ninety-one and forty one-hundredths (191.40) feet to a point;

Thence N 32(42' 55" W a distance of three-hundred fifty-eight and five one-hundredths (358.05) feet to a point;

Thence N 34(20' 00" W a distance of seven-hundred twenty and fifty-six one- hundredths (720.56) feet to a point;

Thence N 34(58' 15" W a distance of three-hundred twenty-one and eighty-one one- hundredths (321.81) feet to a point;

Thence N 32(36' 26" W a distance of two-hundred twenty-three and forty-seven one- hundredths (223.47) feet to a point;

Thence N 28(01' 57" W a distance of three-hundred forty and twenty-seven one- hundredths (340.27) feet to a point;

Thence N 26(39' 33" W a distance of one-hundred twelve and thirty-eight one- hundredths (112.38) feet to a point;

Thence N 25(26' 55" W a distance of one-hundred forty-eight and thirty-nine one- hundredths (148.39) feet to a point on the southeasterly street line of Crawford Street, the eight previous courses running along the northeasterly Harbor Line of the Providence River;

Thence N 63(39' 29" E along the southeasterly street line of Crawford Street a distance of twenty-three and eighty-three one-hundredths (23.83) feet to the point and place of beginning;

The above described parcel contains four hundred seventy-eight thousand two hundred thirteen (478,213) square feet or 10.98 acres, more or less.

(vi) Area VI

That certain parcel of land, with all improvements thereon, situated southeasterly of Bridge Street and Wickenden Street, northeasterly of South Main Street, southwesterly of Brook Street and northwesterly of Tockwotten Street in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

Beginning at a point at the intersection of the southwesterly street line of Benefit Street and the southeasterly street line of Bridge Street;

Thence S 28(38' 50" E a distance of forty-seven and seventy-eight one-hundredths (47.78) feet to a point;

Thence S 34(12' 58" E a distance of one-hundred sixty-three and two one-hundredths (163.02) feet to a point, the two previous courses running along the southwesterly street line of Benefit Street;

Thence N 55(47' 02" E a distance of fifty and fifteen one-hundredths (50.15) feet to a point on the northeasterly street line of Benefit Street;

Thence S 34(12' 58" E along land owned now or formerly by Church of Our Lady of the Rosary a distance of ninety and zero one-hundredths (90.00) to a point on the northwesterly street line of Alves Way;

Thence N 55(46' 46" E along the northwesterly street line of Alves Way a distance of one-hundred fifty and thirty-six one-hundredths (150.36) feet to a point on the southwesterly street line of Traverse Street;

Thence S 34(13' 56" E along the southwesterly street line of Traverse Street a distance of eighty and nine one-hundredths (80.09) feet to a point;

Thence N 80(05' 06" E a distance of fifty-four and eighty-six one-hundredths (54.86) feet to a point on the northeasterly street line of Traverse Street, the two previous courses running along the State Freeway Line established by Plat No. 900;

Thence N 80(05' 06" E along the northerly street line of George M. Cohan Boulevard a distance of two-hundred seventy-five and forty-five one-hundredths (275.45) feet to a point on the southwesterly street line of Brook Street;

Thence S 34(11' 12" E a distance of seventy-four and eighty-six one-hundredths (74.86) feet to a point on the southerly street line of George M. Cohan Boulevard;

Thence S 44(23' 33" W a distance of three-hundred seven and zero one-hundredths (307.00) feet to a point on the northwesterly street line of Tockwotten Street;

Thence S 55(48' 33" W along the northwesterly street line of Tockwotten Street a distance of three-hundred fifty-one and sixty one-hundredths (351.60) feet to a point;

Thence N 34(11' 30" W a distance of two-hundred nineteen and six one-hundredths (219.06) feet to a point;

Thence S 55(46' 46" W a distance of thirty-four and thirty-five one-hundredths (34.35) feet to a point, the two previous courses running along land owned now or formerly by A & C Tockwotten Realty, Inc;

Thence 34(12' 51" W a distance of fifty-seven and twenty-seven one-hundredths (57.27) feet to a point;

Thence N 72(52' 44" W a distance of thirty-one and eighty-two one-hundredths (31.82) feet to a point on the southeasterly street line of Pike Street (Alves Way); the two previous courses running along land owned now or formerly by Cynthia A. Simmons;

Thence N 72(52' 44" W a distance of sixty-four and twenty-two one-hundredths (64.22) feet to a point on the northwesterly street line of Pike Street (Alves Way);

Thence S 55(46' 46" W along said Pike Street northwesterly street line a distance of fifty-five and sixty-one one-hundredths (55.61) feet to a point on the northeasterly street line of South Main Street;

Thence N 34(11' 30" W along the northeasterly street line of South Main Street a distance of three-hundred one and seventeen one-hundredths (301.17) feet to a point on the southeasterly street line of Bridge Street;

Thence N 55(53' 32" E along the southeasterly street line of Bridge Street a distance of three-hundred five and forty one-hundredths (305.40) feet to the point and place of beginning;

The above described parcel contains two hundred seventy-seven thousand five hundred sixty-six (277,566) square feet or 6.37 acres, more or less.

(b) Authorization. The director of the Rhode Island department of transportation is hereby directed, authorized and empowered to sell, transfer and convey, in fee simple, by lease or otherwise, in the name of and for the State of Rhode Island, to the I-195 redevelopment district commission established pursuant to chapter 42-64.14 of the general laws, any or all right, title and interest of the state in the I-195 surplus land, or portions thereof, in one or more sale or lease transactions, and in such assemblages of parcels of such land, in such manner and upon such terms and conditions as: (1) May be most advantageous to the public interest which shall mean for purposes of this section that the sale or lease of all such surplus parcels of land at fair market value, and the re-use and development of such parcels will be beneficial to the city of Providence and the state to support or encourage workforce development, education and training, and the growth of "knowledge-based" jobs and industries such as research and development, life sciences, media technologies, entrepreneurship and business management, design, hospitality, software design and application, and a variety of other uses consistent with a knowledge based economy; and (2) Is in conformance with all applicable laws, rules and regulations of the United States department of transportation federal highway administration.

(c) Sale, transfer or conveyance of parcels to higher education institutions. Findings. Two (2) parcels within the city of Providence, parcels 31 and 36 on the plan titled: "Rhode Island department of transportation, improvements to interstate route 195, Providence, Rhode Island, Proposed Development Parcels, West Side, McGuire Group Inc., Date: 03-02-06" recorded, that will become available for beneficial reuse will, together with abutting property already owned by Johnson and Wales University, make up one city block bounded by Friendship, East Franklin, Pine, and Chestnut Streets. It is found and declared that: (1) Said two (2) parcels are unlikely to be attractive for development by any person or entity other than Johnson and Wales University due to their small and irregular shape and their location immediately adjacent to property owned by Johnson and Wales University; (2) The city of Providence comprehensive plan and various other studies, plans and reports that are a matter of public record support the use of said two parcels for development by Johnson and Wales University; and (3) The sale of said two (2) parcels at fair market value to Johnson and Wales University, and the use and development of such parcels by Johnson and Wales University as provided in this subsection (c) will be beneficial to the city of Providence and the state and advantageous to the public interest.

(ii) Definitions. As used in this subsection (c), unless the context clearly indicates otherwise:

(A) "Contract for sale" means the contracts for sale described in subsection (vi) of this subsection (c).

(B) "Transfer parcels" means two (2) parcels of real property identified as parcels 31 and 36 on the plan titled: "Rhode Island Department of Transportation, Improvements to Interstate Route 195, Providence, Rhode Island, Proposed Development parcels, West Side, McGuire Group Inc., Date: 03-02-06."

(C) "University" means Johnson and Wales University, a Rhode Island non-profit institution of higher education.

(iii) I-195 Surplus Land. Notwithstanding the provisions of any general or special law to the contrary the transfer parcels shall be excluded from the provisions of chapter 42-64.14 of the general laws.

(iv) Authorization. The director of the Rhode Island department of transportation is hereby directed, authorized, and empowered to sell, transfer and convey in fee simple in the name of and for the State of Rhode Island, the transfer parcels identified in this subsection (c) to the university upon terms and conditions set forth in this subsection.

(v) Title and survey adjustments. The director of the Rhode Island department of transportation is authorized to and may adjust boundary lines, survey lines and property descriptions with respect to the transfer parcels to be conveyed under this subsection (c) to the extent necessary and appropriate to accurately describe and convey the transfer parcels with insurable title and to otherwise fulfill the intent of this subsection (c), provided that any such adjustments do not substantially alter the size of any transfer parcel.

(vi) Contract for sale. Provided that the University and the city of Providence shall have entered into an agreement providing for payments to the city relating to the transfer parcels, the director of the Rhode Island department of transportation is authorized, and empowered, in the name of and for the State of Rhode Island, to enter into, and shall, within two (2) months after the date of such agreement between the University and the city of Providence, enter into a contract for the sale of the transfer parcels identified in subsection (c)(ii) of this section with the University reflecting the intent of this subsection (c) and customary terms for commercial real estate transactions of this nature, and containing the following provisions:

(A) The purchase price for the transfer parcels shall be the fair market value of the transfer parcels at the time of conveyance.

(B) Promptly after taking title to a parcel, the buyer shall cause such parcel to be attractively landscaped and maintained for use as green space until such time as development of the parcel in accordance with this section begins.

(C) A requirement that within the later of: (I) Twelve (12) months after the University's purchase of the transfer parcels; or (II) Three (3) months after the state shall have completed installation of normal and usual infrastructure improvements to adequately service the transfer parcels (including water supply, sanitary and storm sewer connections, and provisions for all other necessary utilities) as well as the installation of paving, sidewalks, and curbing necessary to reconstitute Friendship Street, the University shall construct a new building and complete the construction within three (3) years from the commencement of said construction, on the block bounded by Friendship, East Franklin, Pine, and Chestnut Streets which shall be designed to accept retail uses on the first floor and no part of which will be used for student housing.

(D) A requirement that development of the transfer parcels by the University shall be in accordance with applicable ordinances of the city of Providence, as amended from time to time, including, but not limited to, matters of zoning and planning, by departments and agencies of the city of Providence having jurisdiction thereover.

(d) Use of proceeds. Upon the conveyance or lease of any parcel of I-195 surplus land as set forth in this section or the transfer parcels referenced in subsection (c), the received proceeds of such sale or lease shall be used by the State of Rhode Island department of transportation for the relocation of I-195 and work related thereto and otherwise in conformance with all applicable laws, rules and regulations. In accordance with the findings of the I-195 Redevelopment Act of 2011 in chapter 42-64.14 of the general laws, use of the anticipated proceeds from the sale of the land is a key element of the plan of finance for completion of the I-195 relocation project, and vital to making the land usable for future development.

(e) The provisions of sections 3, 4, 5 and 9 of chapter 7 of this title, shall not be applicable to the transactions authorized by this § 37-5-8 which have been or hereafter may be affected by the director of the Rhode Island department of transportation in the name of and for the State of Rhode Island under the provisions of this section. 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 any conveyance of any real property identified in this section by the director of the Rhode Island department of transportation in the name of and for the State of Rhode Island.

(f) Nothing herein shall be construed to limit or modify the applicability of § 37-7-6 to any or all of the I-195 surplus land.

History of Section.
(P.L. 2011, ch. 245, § 2; P.L. 2011, ch. 267, § 2.)