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  • Acts
  • 2008
  • Chapter 429 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND TO THE CITY OF NEWBURYPORT.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for the creation of a park and learning center, 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 sections 40F to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may lease for a term of 99 years, for nominal consideration and subject to such other terms and conditions as the commissioner, in consultation with the military division, may prescribe, a certain parcel of land to the city of Newburyport for the establishment of a park and learning center and for the restoration of the historic 1822 Powder House. The parcel of land shall consist of 0.41 acres, more or less, in the city of Newburyport, with the buildings thereon, including said Powder House, which is currently under the care and control of the Massachusetts National Guard, being a portion of the land conveyed to the commonwealth by the city of Newburyport by deed dated September 18, 1980, and recorded in the southern Essex district registry of deeds book 2799, page 270. The lease shall contain the restriction required in section 2.

SECTION 2. Notwithstanding any general or special law to the contrary, a lease of the parcel described in section 1 shall be subject to a restriction limiting the use of the parcel for a learning center and public park purposes. If at any time the property ceases to be used for the purposes described in this section, the commissioner shall give written notice to the city of the unauthorized use. The city shall, upon receipt of the notice, have 30 days to respond and a reasonable time to establish an authorized use of the parcel. If an authorized use of the parcel is not thereafter established, the lease of the parcel, upon the recording of a notice thereof by the commissioner in the appropriate registry of deeds, shall terminate and any further disposition of the property shall be subject to chapter 7 of the General Laws.

SECTION 3. Notwithstanding any general or special law to the contrary, the city of Newburyport 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 lease authorized in this act as such costs may be determined by the commissioner of capital asset management and maintenance. Upon the lease of the parcel, the city of Newburyport shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.

Approved December 23, 2008