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  • Acts
  • 2004
  • Chapter 99 AN ACT RELATIVE TO THE DISPOSITION OF CERTAIN STATE OWNED LAND IN THE CITY OF MEDFORD.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to convey forthwith certain 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 capital asset management and maintenance may convey by deed to the Massachusetts Bay Transportation Authority, a fee interest in and to a certain parcel of park land owned by the commonwealth and presently under the care, custody and control of the department of conservation and recreation and located in the city of Medford, in consideration of and subject to the requirements of sections 2 to 3, inclusive, and subject to such terms and conditions as the commissioner may prescribe.

The parcel is shown as Parcel 35A on a plan of land entitled "Plan of Land in Medford, Mass. (Middlesex County) being a subdivision of Lots 34 & 35 of L.C. 24580N," prepared for the MBTA by The BSC Group, Inc., which plan is dated June 25, 2002 and any revisions as required by the commissioner to determine the exact boundaries in consultation with the department of conservation and recreation and the Massachusetts Bay Transportation Authority.

SECTION 2. In consideration for the conveyance authorized in section 1, the commonwealth may accept the conveyance by the Massachusetts Bay Transportation Authority of a fee interest in and to 2 certain parcels of land also situated in the city of Medford and lying off the southerly side of Revere Beach Parkway, and shown on the survey plan as Parcel 34B and Parcel No. 368, including any revisions required by the commissioner to determine the exact boundaries in consultation with the department of conservation and recreation and the Massachusetts Bay Transportation Authority, which parcels shall be under the care, custody and control of the department of conservation and recreation.

SECTION 3. No deed conveying the property described in section 1 by or on behalf of the commonwealth shall be valid unless the deed provides that the property shall not be used in a manner which will adversely impact the adjacent park property retained by the commonwealth and under the care, custody and control of the department of conservation and recreation.

SECTION 4. If the property described in section 1 is not used for the purposes described in section 1, or if the use for these purposes is abandoned at any time or if any other use is undertaken on the property, the property shall revert to the commonwealth upon notice by the commissioner of capital asset management and maintenance to the Massachusetts Bay Transportation Authority.

Approved May 13, 2004.