Budget Amendment ID: FY2013-S4-18

OTH 18

DCR land transfer to Boston

Mr. Hart moved that the proposed new text be amended by inserting the following section:-

SECTION XX.

Section 1.  For the purposes of this act, the following terms shall have the following meanings, unless the context clearly requires otherwise:

"city”, the city of Boston

"commissioner of the department”, the commissioner of conservation and recreation

“department” the department of conservation and recreation

“property”, a portion of a certain parcel of land, referenced in the Suffolk registry of located in the city of Boston, county of Suffolk, and commonwealth of Massachusetts, also as shown on a prepared by Engineering and dated , and being more particularly described as follows:

A strip of land approximately 10’ feet wide running parallel to Columbia Road from Preble Circle to I Street in the south boston section of the city of Boston. Said parcel of land containing approximately square feet. Subject to restrictions and easements of record.

Section 2.  Notwithstanding the provisions of sections 40E through 40J of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division, in consultation with the commissioner of the department, may convey the property to the city to be under the care, control and custody of the city’s department for certain intended purposes to be more particularly described in section 4 of this act.

The conveyance shall be subject to restrictions and easements of record.

Section 3.   The department intends to convey, and the city intends to acquire, by deed with approval as to the form by their respective legal counsels, any and all fee and non- fee interests associated with the property authorized under this act, and the city shall pay no monetary consideration to the commonwealth. The city shall be responsible for survey and other expenses relating to the conveyance of the property.

Section 4.  After closing of the authorized conveyance, the city intends to use the property for certain municipal purposes, including but not limited to provide parking to those living and visiting the subject area so as to participate and enjoy the open space and  recreation areas adjacent thereto and provided whose construction or use will be subject to all applicable laws and requirements of component jurisdiction.

Section 5.  This act shall supersede or revoke any and all rights to the property granted or authorized by any other acts or resolves of the General Court.