Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, and subject to the requirements of section two and three of this act, the commissioner of the division of capital planning and operations, hereinafter called the commissioner, is hereby authorized to convey by deed to Wentworth Institute of Technology, hereinafter called Wentworth, a certain parcel of land located in the city of Boston and the improvements thereon, in consideration for the conveyance by Wentworth to the commonwealth of Massachusetts of a parcel of land described in section two of this act, together with any other such monetary consideration as is deemed appropriate by the commissioner. Such land is more particularly described as follows: A certain parcel of unregistered land situated on the southerly side of Huntington Avenue in the city of Boston, in the county of Suffolk, commonwealth of Massachusetts, bounded and described as follows:-

Beginning at the intersection of the southerly line of Huntington Avenue with the easterly line of Vancouver Street, said point of beginning being the westerly most point of the lot to be described herein; thence

N61<=- 36'20"E by the southerly line of said Huntington Avenue a distance of Fifty-one and Forty-four Hundredths feet (51.44') to a point; thence

S28<=- 23'40"E by land of now or formerly Wentworth a distance of One Hundred Nine and Thirty Hundredths feet (109.30') to a point; thence

S72<=- 47'08"W by land of now or formerly Wentworth a distance of Eight and Fifty-six Hundredths feet (8.56') to a point of curvature; thence

Southwesterly and curving to the left along the arc of a curve having a radius of One Hundred Twenty and No Hundredths feet (120.00') and a length of Forty-five and Fifty-two Hundredths feet (45.52') to a point of curvature; thence

Southwesterly and curving to the left along the arc of a curve having a radius of One Hundred Twenty-five and No Hundredths feet (125.00') and a length of Fifty-one and Eighty-two Hundredths feet (51.82') to a point of curvature; thence

Southwesterly and curving to the left along the arc of a curve having a radius of One Hundred Thirty and No Hundredths feet (130.00') and a length of Sixty-eight and Eighty-six Hundredths feet (68.86') to a point of curvature; thence

Southwesterly and curving to the left along the arc of a curve having a radius of Seventy-five and No Hundredths feet (75.00') and a length of Sixty-three and Fifty Hundredths feet (63.50') to a point of nontangency. The previous four (4) courses being by land of now or formerly Wentworth; thence

N84<=- 41'35"W by said Lot "A" a distance of One Hundred Seventy-one and Sixty-three Hundredths feet (171.63') to a point; thence

N24<=- 54'23"E by the easterly line of said Vancouver Street a distance of Two Hundred Sixty-eight and Nine Hundredths feet (268.09') to the point of beginning.

The above described parcel of land in this section contains an area of 27,007 square feet, more or less, and is more particularly shown as Lot "B" on a plan entitled "Subdivision Plan of Land in Boston, Massachusetts", prepared for the Commonwealth of Massachusetts Division of Capital Planning and Operations, Scale 1 inch = 30 feet, dated December 2, 1992, prepared by Allen & Major Associates, Inc., 400 West Cummings Park, Suite 5050, Woburn, Massachusetts 01801 and comprises a portion of the land transferred to the Trustees of the Higher Education Coordinating Council, as successor to the Board of Trustees of State Colleges, pursuant to chapter eight hundred and thirty-six of the acts of nineteen hundred and seventy-four.

Said parcel shall be conveyed subject to the sewer easement as shown in the aforementioned plan and an easement providing pedestrian and vehicular access for the Massachusetts Water Resources Authority across said parcel, said easement to be confined to an area mutually agreed upon by the commissioner and Wentworth prior to the conveyance of said parcel as authorized hereunder.

Said parcel shall be conveyed subject to a restriction limiting the use of the property to parking and open space purposes related to educational uses; provided, however, that the commissioner may waive this restriction upon payment by Wentworth of such additional consideration as the commissioner deems to be reflective of the value of any additional use.

SECTION 2. The commissioner shall not effect the conveyance set forth in section one unless Wentworth conveys to the commonwealth by deed satisfactory to said commissioner a certain parcel of land, or so much thereof as said commissioner in consultation with the president of Massachusetts College of Art deems appropriate, located in the city of Boston and the improvements thereon. Wentworth is currently the record owner of said land, which is more particularly described as follows: A certain parcel of land located on the southerly side of Huntington Avenue, in Boston, Suffolk County, Massachusetts, bounded and described as follows:

Beginning at the intersection of the westerly sideline of Vancouver Street and the northerly sideline of Ward Street; thence running N72< 34'38"W, a distance of 283.12 feet along the northerly sideline of Ward Street; thence turning and running N61< 36'23"E, a distance of 75.66 feet by land now or formerly of 634 Huntington Avenue Trust; thence turning and running N28< 23'37"W, a distance of 66.61 feet by land now or formerly of 634 Huntington Avenue Trust to a point on the southerly sideline of Huntington Avenue; thence turning and running northeasterly by a curve to the left having a radius of 9,512.00 feet a distance of 102.64 feet along said sideline of Huntington Avenue to a point of tangency; thence running N61< 36'23"E a distance of 188.15 feet along said sideline of Huntington Avenue to a point of curvature; thence running northeasterly by a curve to the left having a radius of 1842.00 feet a distance of 44.95 feet along said sideline of Huntington Avenue; thence turning and running S18<= 05'20"W, a distance of 113.94 feet by land now or formerly of Wentworth; thence turning and running S67<= 23'15"E, a distance of 74.84 feet by land now or formerly of Wentworth, to a point on the westerly sideline of Vancouver Street; thence turning and running S24<= 55'09"W, a distance of 242.66 feet by Vancouver Street to the point of beginning.

The above described parcel of land in this section contains an area of 62,421 square feet (1,433 acres), more or less, and is comprised of five parcels of land described in the following deeds and certificate of titles:

`tcol(*)=3;c1=5,8,tf;c2=25,18,tf;c3=56,20,tf `tc1 Parcel 1*Area= 6,307 s.f.*Book 8046, Page 322 Parcel 2*Area= 3,036 s.f.*Book 10313, Page 221 Parcel 3*Area= 4,357 s.f.*Cert. of Title 95587 Parcel 4*Area= 7,994 s.f.*Book 8719, Page 324 Parcel 5*Area= 40,727 s.f.*Book 8089, Page 668 `tcol;end

Said parcel of land in this section shall be conveyed subject to such easements for access, egress, drainage and utilities for the benefit of the land described in section one as the commissioner in consultation with the president of Massachusetts College of Art deems appropriate.

SECTION 3. The value of the properties described in sections one and two shall be determined by the commissioner based upon an independent professional appraisal prepared in accordance with standard appraising procedures and taking into consideration the impact on value of any easements and restrictions including, without limitation, use restrictions contained herein. The inspector general shall review and approve said appraisal and said review shall include a review of methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration.

The consideration paid by the commonwealth for the property described in section two shall not exceed the fair market value of the property as determined in accordance with this section, minus the value of the property described in section one as determined in accordance with this section.

The commissioner shall, thirty days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue a report of his review and comment within fifteen days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least fifteen days prior to execution.

SECTION 4. Wentworth shall pay any and all costs for all survey, engineering, environmental site assessments and appraisals which the commissioner determines are necessary in connection with the conveyances authorized by this act.

SECTION 5. Nothing in this act shall be construed to impair any statutory or other rights that the city of Boston may have in any land currently utilized by the Massachusetts College of Art.

SECTION 6. This act shall take effect upon its passage.