AN ACT AUTHORIZING THE COMMONWEALTH TO CONVEY CERTAIN LAND IN THE CITY OF BOSTON.
Whereas , The deferred operation of this act would tend to defeat its
purpose, which is forthwith to convey certain land located in the city of
Boston, 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. Notwithstanding section 301 of chapter 60 of the acts of
1994, and sections 40E to 40I, inclusive, of chapter 7 of the
General Laws, the commissioner of the division of capital asset management and
maintenance may convey, for the purpose of developing facilities to be used by
the University of Massachusetts medical school, in this act referred to as the
"project", to the designated developer of Lot 3A of the former Boston state
hospital site on terms and conditions consistent with the Land Disposition
Agreement previously entered into between the commissioner and the developer,
certain parcels of land located in the city of Boston, more particularly
described below, as the commissioner shall determine necessary for implementing
the purposes of said section 301.
SECTION 2. The parcels are labeled "Lot 3A-1" and "Lot 3A-2" on the
plan entitled "Lot 3A/Additional Land" on file in the office of the division of
capital asset management and maintenance. The commissioner may grant such
easements as may be necessary to facilitate the project.
SECTION 3. Notwithstanding the foregoing, the amount of consideration
for the conveyance of all or any of the parcels shall be determined under
section 301 of chapter 60 of the acts of 1994.
SECTION 4. In consideration for the transfer of Lot 3A-1 and Lot 3A-2
to the designated developer for the purposes of facilities to be used by the
University of Massachusetts medical school, "West Main Street" as shown on that
certain plan entitled "Commonwealth of Mass. Division of Capital Asset Mgmt and
Maintenance" dated November 29, 2001, prepared by Rizzo Associates, Inc.,
recorded at the Suffolk county registry of deeds at Book 27754, Page 20, shall
not be materially altered in dimension or character from that existing on the
date hereof; it being intended that to the extent said West Main street
traverses said Lot 3A and Lot 3A-2, the road shall be a private way, open to
public travel for access to and from Lots 3A, 3A-1 and 3A-2, and secondary
access to and from portions of the former Boston state hospital campus other
than Lots 3A, 3A-1 and 3A-2. Accordingly, West Main street shall not be
dedicated for public use nor shall it be subject to a taking for public purposes
79 of the General Laws, or any other provision of the General Laws, without
action of the general court.
SECTION 5. Notwithstanding sections 40E to 40I, inclusive, of chapter
7 of the General Laws, the corporation established under section 14 of chapter
138 of the acts of 1992 may develop Lot 3A-1 and Lot 3A-2 for the project. The
University of Massachusetts may enter into 1 or more leases for terms of up to
30 years with the corporation for the use of the project. Any lease between the
corporation and the developer of the aforesaid Lots 3A, 3A-1 and 3A-2 shall
require that any land or buildings so leased be transferred to the corporation
at the end of the lease term. Any leases relative to said Lots 3A, 3A-1 and 3A-2
shall be subject to the approval of the secretary of administration and finance.
The corporation shall submit any lease to the secretary at least 45 days prior
to executing a lease. The secretary shall in writing, approve or disapprove any
leases within 40 days of receipt thereof, or such leases shall be deemed