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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE LEASE OR OTHER DISPOSITION 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 section 20 of chapter 6C of the General Laws, the Massachusetts Department of Transportation may enter into a long-term lease or other disposition agreement with an abutter, for certain property located in the city of Boston on the corner of Hanover street and Cross street that is 2,900 square feet, and known as Parcel 11A. The consideration paid for the lease or other disposition shall be determined as set forth in section 3. The department shall reserve all easements and rights needed for its transportation purposes and the abutter shall acknowledge that the department’s transportation needs shall remain paramount. The lease or other disposition documents shall include such terms and conditions as the secretary of transportation determines are necessary or desirable.  The abutter shall comply with the department’s negative impacts requirements for indemnification, covenants not to sue and releases.  The approval of the board of directors of the department shall be obtained, if required. The abutter shall take the premises with all existing site conditions, including existing environmental conditions.
     SECTION 2.  The entity to which the parcel described in section 1 is leased or otherwise disposed of shall maintain an accessible buffer around the statue dedicated to world welterweight boxing champion Tony DeMarco and shall, in consultation with the New England chapter of the National Italian American Sports Hall of Fame and the Privitera Family Charitable Foundation, be responsible for the maintenance and security of the statue, shall take all necessary measures to provide public access to the statue and shall not infringe on existing sidewalks or other public ways.
     SECTION 3.  An independent appraisal of the fair market value and value in use of the parcel described in section 1 shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the Massachusetts Department of Transportation. Consideration for the grant of the above-described interest shall be the full and fair market value or the value in proposed use, whichever is greater, as determined by the department, and calculated with regard to its full development potential as assembled with other lands owned or otherwise controlled by the grantee.  The department shall submit any appraisals to the inspector general for the inspector general’s review and comment. The inspector general shall review and approve the appraisals and the review shall include an examination of the methodology utilized for the appraisals. The inspector general shall prepare a report of the review and file the report with the department for submission by the department to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The secretary of transportation shall submit copies of the appraisals and the inspector general’s review and approval and any comments to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 30 days prior to the execution of any documents effecting the transfers described in section 1.

Approved, January 6, 2017