SECTION 1.  Notwithstanding any general or special law to the contrary, the commissioner of the division of capital asset management and maintenance is hereby authorized to convey without consideration to the city of Boston a portion of land located in Boston adjacent to Merrimac Street.  The exact location and boundaries of the portion of the parcel to be conveyed and the portion of the parcel to be public open space pursuant to section 3 shall be determined by the commissioner of capital asset management and maintenance in consultation pursuant to a survey.

SECTION 2.  As a further condition of the conveyance authorized in section 1, the commissioner of capital asset management and maintenance shall enter into an easement, deed restriction, covenant or other similar agreement to allow the continued maintenance, repair, replacement or discontinuation in place of any and all present or future utility conduits, pipes, lines or other types serving the Edward W. Brooke Courthouse, the current location of which shall be shown on the survey obtained by the  commissioner of capital asset management and maintenance.

SECTION 3. The city of Boston shall be responsible for all costs associated with any appraisal, survey or other expense incurred by the commonwealth relating to the conveyance authorized by this act as the costs may be determined by the commissioner of capital asset management and maintenance.