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Session Law

2007

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Chapter 207 AN ACT AUTHORIZING THE COMMISSIONER OF THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND TO SULLIVAN MCLAUGHLIN COMPANIES, INC

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 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 of capital asset management and maintenance may, in consultation with the commissioner of the department of conservation and recreation, convey for parking purposes certain property located on Tenean Street in the city of Boston, including any and all rights-of-way and easements appurtenant thereto, currently under the control of and used by the department of conservation and recreation for recreation and natural resource purposes, to Sullivan & McLaughlin Companies, Inc. Said parcel is more particularly described as being all or a portion of Parcel 2 in the “Order of Taking, Commonwealth of Massachusetts, Metropolitan District Commission” dated January 18, 1962, recorded at the Suffolk registry of deeds in book 7624, page 579 and shown on the plan made a part thereof and recorded therewith entitled: “Commonwealth of Massachusetts, Metropolitan District Commission, Parks Division, William T. Morrissey Boulevard, Boston (Dorchester District), Plan of Land to be Taken from the City of Boston Board of Park Commissioners under the provisions of Chapter 509, Acts of 1949, * * * January 17, 1962, Benjamin W. Fink, Director of Park Engineering,” being plan accession number 40251-V.T; provided, however, that the deed conveying said parcel shall contain a restriction that the parcel shall be used only for parking purposes. The exact boundaries of the parcel shall be determined by the commissioner of the division of capital asset management and maintenance in consultation with the commissioner of the department of conservation and recreation after completion of a survey. The consideration for said conveyance shall be the full and fair market value of said parcel as determined by the commissioner of the division of capital asset management and maintenance pursuant to 1 or more independent professional appraisals. This parcel shall be conveyed by deed without warranties or representations by the commonwealth.

SECTION 2. Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisal required pursuant to section 1. The inspector general shall prepare a report of his review of the methodology utilized for the appraisal and shall file the report with the commissioner of the division of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets. The commissioner of the division of capital asset management and maintenance shall, 30 days before the execution of any conveyance authorized by this act, or any subsequent amendment thereto, submit the proposed conveyance 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 the proposed conveyance or amendment. The commissioner of the division of capital asset management and maintenance shall submit the proposed conveyance or amendment, and the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets at least 15 days before execution of the conveyance.

SECTION 3. Notwithstanding any general or special law to the contrary, upon an agreement to convey the parcel described in section 1 to Sullivan & McLaughlin Companies, Inc., the commissioner of the division of capital asset management and maintenance shall grant a temporary lease or license to said Sullivan & McLaughlin Companies, Inc. at a nominal amount that will provide Sullivan & McLaughlin Companies, Inc. with complete access and control of the property until the conveyance takes effect.

SECTION 4. Notwithstanding any general or special law to the contrary, Sullivan & McLaughlin Companies, Inc. shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the conveyance authorized pursuant to this act as such costs may be determined by the commissioner of the division of capital asset management and maintenance

Approved November 29, 2007.

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