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Session Law

2011

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Chapter 183 AN ACT AUTHORIZING THE CONVEYANCE OF CERTAIN PARCELS OF LAND IN THE CITY OF REVERE.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of certain parcels of land in the city of Revere, 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 city of Revere, acting by and through its mayor and city council, in concurrence with the approval granted by the conservation commission of the city of Revere, may convey to the commonwealth, acting by and through the commissioner of conservation and recreation, for conservation purposes, 89.21 acres of real property in the city of Revere, located in the Rumney Marsh Area of Critical Environmental Concern identified on the city of Revere zoning atlas map, on file in the office of the city clerk of the city of Revere, as follows: map 19, block 327, parcels 3, 4, 5, 6, 8, 10, 11, 13, 14, 15 and 16 containing 40.36 acres; map 19, block 328, parcels 2, 3 and 6 containing 14.34 acres; map 19, block 329, parcel 10 containing 1.3 acres; map 20, block 329, parcels 1, 13 and 14 containing 15.25 acres; map 20, block 330, parcels 3 and 4 containing 14.50 acres; and map 30, block 448A, parcel 2 containing 3.46 acres.

SECTION 2. The parcels of land described in section 1 may be conveyed by the city of Revere to the commonwealth, acting by and through the commissioner of conservation and recreation, subject to the following conditions. Consideration for the parcels shall be the fair market value of the parcels as determined by an agreement between the city of Revere and the department of conservation and recreation dated March 15, 2001, as amended and on file with the department. The deed conveying the parcels of land described in section 1 shall contain a restriction prohibiting any building on such property and precluding any use of the parcels other than for passive recreation purposes. The commissioner of conservation and recreation shall include the parcels of land described in section 1 in its Rumney Marsh Reservation managed by the department of conservation and recreation and shall protect and preserve such land as park land.

SECTION 3. The city solicitor or the assistant city solicitor of the city of Revere, at the city’s expense, shall prepare the necessary documents to convey the property described in section 1 to the commonwealth, acting by and through the commissioner of conservation and recreation.

SECTION 4. Pursuant to the express authority in chapter 841 of the acts of 1975 and in conjunction with the transit-oriented development at Revere beach, as described in a draft and final environmental impact report approved by the secretary of energy and environmental affairs, the commonwealth, acting by and through the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may convey to the city of Revere certain parcels of land known as the “north lot” and the “maintenance facility lot” subject to section 5 and in connection with the conveyance, the division of capital asset management and maintenance may take all or any portions of the parcels, including any former street locations adjacent thereto, to confirm the commonwealth’s title thereto. The north lot is currently used as a public parking area and the maintenance facility lot is currently used as a public parking area and for maintenance activities of the department of conservation and recreation.

SECTION 4A. Pursuant to authority in chapter 841 of the acts of 1975 and in furtherance of the intent of chapter 877 of the acts of 1977, the commonwealth, acting by and through the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, shall convey to the Massachusetts Bay Transportation Authority for nominal consideration that certain parcel of land located within the limits of Chester avenue in the city of Revere adjacent to Parcel “A” as described in chapter 77 of the acts of 1977 and shown as Parcel “X” on a plan entitled “Plan of Land, Wonderland Station, Ocean Avenue, Revere, Massachusetts,” prepared by Nitsch Engineering and dated July 8, 2008.

SECTION 5. The parcels of land described in section 4 may be conveyed by the commonwealth, acting by and through the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, to the city of Revere, subject to the following conditions. The city shall only transfer the maintenance facility lot, or a portion thereof, to a redeveloper, as provided in chapter 841 of the acts of 1975, upon completion and delivery of a replacement maintenance facility to the commonwealth which is acceptable to the department of conservation and recreation. In conjunction with the conveyance of the maintenance facility lot to the city, the city shall grant a lease to the commonwealth for nominal consideration for such portion of the maintenance facility lot as shall be necessary to allow the department of conservation and recreation’s continued use of the maintenance facility located on the maintenance facility lot, which use shall terminate upon the transfer of a replacement maintenance facility to the department. In addition, the city of Revere shall grant a lease to the commonwealth for nominal consideration for such portion of the north lot as shall be necessary to accommodate the beach management and maintenance activities of the department of conservation and recreation on a temporary basis during the construction of the pedestrian bridge as described in section 7 and the construction of the beach operations facility as described in section 8, which use shall commence upon the commencement of construction of the beach operations facility as described in said section 8 and shall terminate upon the completion of said construction of the beach operations facility and the transfer of a replacement maintenance facility to the department. Consideration to be paid by the city of Revere to the commonwealth for the north lot and for the maintenance facility lot shall be the fair market value of the parcels, as determined by the agreement between the city of Revere and the department of conservation and recreation dated March 15, 2001, as amended and on file with the department. Upon the sale by the city of Revere of the north lot, the maintenance lot, or any portion of either lot, the city shall deposit the proceeds from such sale into an escrow account established by the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation and the city of Revere, and those deposited funds, together with any interest earned thereon, shall be used for the construction of a replacement maintenance facility for the department of conservation and recreation on the Revere Beach Reservation; provided, however, that the design and construction of the replacement maintenance facility shall be subject to review and approval by the division of capital asset management and maintenance and the department of conservation and recreation; provided further, that the disbursement of funds from the escrow account shall be subject to the approval of the division of capital asset management and maintenance and the department of conservation and recreation, on such terms and conditions as may be set forth in any agreement governing the escrow account; provided further, that such escrow agreement shall, without limitation, provide that if the city of Revere does not complete the construction of the replacement maintenance facility by such date as may be specified in the escrow agreement, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may use the funds in the escrow account for the design and construction of the replacement maintenance facility, provided further, that any funds paid into the escrow account from the sale of the north lot, the maintenance facility lot, or portions thereof which are not needed for the design and construction of the replacement maintenance facility shall be paid to the commonwealth in accordance with the escrow agreement and such agreement shall contain such other provisions as the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, deems appropriate.

SECTION 6. The commissioner of capital asset management and maintenance, acting in consultation with the commissioner of conservation and recreation, shall prepare the necessary documents to convey the property described in section 4 to the city of Revere. The city of Revere shall be responsible for all costs including, without limitation, recording fees, to effect the transactions contemplated by sections 4 and 5.

SECTION 7. In conjunction with the transit-oriented development described in section 4, the city of Revere or the Massachusetts Bay Transportation Authority or their respective agents may construct a pedestrian bridge over Ocean avenue in the city of Revere and place the footings of the bridge in the Revere Beach Reservation, a property owned by the commonwealth and used for recreation and other public purposes. The pedestrian bridge shall be owned by the commonwealth and maintained by the city of Revere or its’ assignee and shall serve as a connection between the Revere Beach Reservation and nearby transit facilities.

SECTION 8. In conjunction with the transit-oriented development and the pedestrian bridge described in section 7 and, in accordance with a plan on file with the department of conservation and recreation, a beach operations facility may be constructed by the city of Revere or its designee pursuant to an open solicitation process on land owned by the commonwealth within the Revere Beach Reservation.

SECTION 9. In recognition of the federal and municipal open, public procurement procedures that have been or shall be applied to all aspects of the design and construction of the parking garage, the public plaza, the pedestrian bridge and the beach operations facility, chapters 7 and chapter 30B of the General Laws and sections 44A to 44M, inclusive, of chapter 149 of the General Laws, shall not apply to the design or construction of the public plaza or other public amenities that may be constructed in connection with the transit-oriented development described in section 4, the pedestrian bridge described in section 7 and the beach operations facility described in section 8.

SECTION 10. The following roadways within or proximate to the transit-oriented development and the Revere Beach project area as provided in chapter 841 of the acts of 1975, and as more specifically described in a map on file with the city of Revere, are hereby designated by the commonwealth as scenic byways: Revere Beach parkway, Winthrop parkway-Winthrop shore drive, Revere Beach boulevard, Ocean avenue, Chester street, Chester avenue, West street, a part of Revere street, a part of Beach street and a part of Shirley avenue.

Approved, November 213, 2011.


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