SECTION 1. Notwithstanding the provisions of sections 40E through 40J of chapter 7 of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance may convey to the town of Tewksbury, for recreation and open space purposes, a portion of a certain parcel of state-owned land located on Livingston street in said town, currently under the care and control of the department of public health, containing 25.535 acres, more or less, as shown on a plan of land titled “Tewksbury Athletic Fields, Livingston Street, Tewksbury, Massachusetts,” dated April 1, 2009, prepared for the division of capital asset management by Nitsch Engineering, which plan is on file with the division of capital asset management and maintenance.  The parcel shall be designated and used by the town of Tewksbury solely for recreational and open space purposes.

SECTION 2. As consideration for the conveyance of the parcel described in section 1, the town of Tewksbury shall be responsible for any costs, liabilities or expenses of any kind for the maintenance and protection of a cemetery located on land of the commonwealth adjacent to the parcel described in section 1 in accordance with standards developed by the commissioner of capital asset management and maintenance and the commissioner of public health of the commonwealth.

SECTION 3. The town of Tewksbury shall be responsible for all costs and expenses of the transaction authorized by this act as determined by the commissioner of capital asset management and maintenance, including, but not limited to, the costs of any survey and other expenses relating to the conveyance of the parcel, and shall be responsible for all costs, liabilities and expenses of any nature and kind in connection with its operation, maintenance and ownership of the parcel.

SECTION 4. The deed or other instrument conveying the parcel to the town of Tewksbury shall, without limitation, provide that if the parcel ceases at any time to be used for the purposes set forth in section 1 of this act, or if the town of Tewksbury does not maintain and protect the cemetery on commonwealth land in accordance with the requirements of section 2 of this act, title to the parcel shall, at the election of the commonwealth, after the giving of notice and an opportunity to cure to the town of Tewksbury, revert to the commonwealth.