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Session Law

2008

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Chapter 90 AN ACT AUTHORIZING THE CONVEYANCE OF CERTAIN PARCELS OF LAND IN THE CITY OF BOSTON.

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 40E and 40J 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, in consultation with the commissioner of conservation and recreation, may lease, for a term not to exceed 30 years, certain parcels of state-owned land in the city of Boston to Expressway Motors, LLC. The lease shall be subject to such additional terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may prescribe, to ensure that environmental impacts associated with the use of the parcels are addressed and that the lease results in a net benefit to the park system. The parcels are located on William T. Morrissey boulevard and shown as 11,219 square feet more or less and 1,925 square feet more or less on a plan of land dated July 25, 2005, and drawn by Allen & Major Associates, Inc. The lease shall contain a restriction that the parcels shall only be used for, parking purposes and that the department of conservation and recreation may terminate the lease as to all or a portion of the parcels in the event the department determines that all or a portion of the land is needed for any public construction project associated with the improvement of Morrissey boulevard. The exact boundaries of the parcels to be leased shall be determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, after completion of a survey. The consideration for the lease shall be the net present value of the full and fair market value of the lease of the parcels as determined by the commissioner of capital asset management and maintenance pursuant to 1 independent professional appraisal to be used in accordance with section 3.

SECTION 2. Notwithstanding any general or special law to the contrary, the inspector general shall review and approve any appraisals required pursuant to section 1. An appraisal shall be prepared in accordance with usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. For the purposes of an appraisal, the full and fair market value of the area to be leased shall be calculated with regard to its full development potential as assembled with other lands owned or otherwise controlled by the Expressway Motors, LLC. 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 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 capital asset management and maintenance shall, 30 days before the execution of a lease authorized by this act, or a 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 after receipt of the proposed lease or amendment. The commissioner shall submit the proposed lease 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 the execution of the lease or amendment.

SECTION 3. To ensure a no-net-loss of lands protected for conservation purposes, the lease of the parcel shall only occur if the lessee has mitigated the impact and conveyed, or caused to be conveyed, to the commonwealth land or an interest in land to be held by the department of conservation and recreation for said conservation purposes. The land or interest in land shall be of greater value than as determined in accordance with section 2 and shall be acceptable to the department, in its discretion.

SECTION 4. Notwithstanding any general or special law to the contrary, Expressway Motors, LLC, 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 those costs may be determined by the commissioner of the division of capital asset management and maintenance and related to the conveyance required under section 3 as such costs may be determined by the commissioner of conservation and recreation.

Approved April 17 , 2008


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