Print
  • Acts
  • 2002
  • Chapter 202 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 under chapter 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 approved.

Approved August 3, 2002.