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  • Acts
  • 1999
  • Chapter 17 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT A CONVEYANCE OF CERTAIN LAND IN THE CITY OF MEDFORD.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the division of capital asset management and maintenance to convey a certain parcel of land in the city of Medford, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


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. The commissioner of the division of capital asset management and maintenance, in consultation with the metropolitan district commission, may, notwithstanding the provisions of sections 40F, 40H and 40I of chapter 7 of the General Laws, convey for recreation, open space and education purposes by deed to the city of Medford a certain parcel of land in the city, shown as a parcel of land containing 43.9 acres, more or less, on a plan entitled "Plan of Land in Medford, MA, prepared for the City of Medford", dated January 20, 1999, in this act called the property.

The consideration for the conveyance authorized by this act shall be the full and fair market value of the property taking into consideration and account the use restrictions and the value of the improvements to be made by the city and the rights of way and access for public use pursuant to section 3.

There shall be an independent appraisal for the use described in this act of the fair market value of the property conveyed by the commonwealth to the city as consideration. The inspector general shall review and approve the appraisal. The inspector general shall prepare a report of his review of the methodology utilized for the appraisal. The inspector general shall prepare a report of his review and file the 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 in accordance with this act. The commissioner shall, 30 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 his review and comment within 15 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 15 days prior to execution.

SECTION 2. If the property ceases to be used at any time for the purposes contained in this act, or is used for any purpose other than this purpose the property, upon notice by the commissioner of the division of capital asset management and maintenance, shall revert to the care and control of the commonwealth through the division of capital asset management and maintenance, under the care and control of the metropolitan district commission, and any further disposition of the property shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.

SECTION 3. As a condition of the conveyance authorized by section 1, the city of Medford shall complete the restoration of two sections of foot trails and refurbish existing playing fields currently contained on land of the commonwealth in the vicinity of the Mystic river to be conveyed under this act. Such trails shall be delineated by the division. Before acquiring the property, the city shall provide the division with a written cost estimate by an independent cost estimator of the cost to the city for the city to perform its obligation under this section. The city shall cooperate with and notify the division of capital asset management and maintenance before commencing any work upon said trails. The division shall have the right to use the parking area described on the plan for automobile parking for the Loconte rink. Current rights of way and road access on the property shall be maintained by the city for motor vehicle use and access.

SECTION 4. The city of Medford shall pay all expenses associated with and any cost of appraisals, surveys and other expenses relating to the transfer of the land, and any cost and liabilities and expenses of any nature and kind for its ownership, maintenance or operation.

Approved May 25, 1999.