AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN PROPERTY IN THE CITY OF MALDEN TO THE CITY OF MALDEN
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the transfer of a certain parcel of land for the purposes of facilitating the productive reuse of property no longer needed by the commonwealth, 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 32 to 37, inclusive, of chapter 7C of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the court administrator of the trial court, may convey to the city of Malden for nonprofit recreational, educational or community use and any ancillary uses: (i) the parcel of land and building situated thereon at 89 Summer street in the city of Malden, formerly the site of Malden district court, described in a deed recorded in book 4447, page 330 in the Middlesex southern district registry of deeds in book 4447, page 330 and depicted on a plan titled “Plan of Lands in Malden, Massachusetts, Adjacent to the First District Court of Eastern Middlesex”, dated January 21, 1970 and recorded in the Middlesex southern district registry of deeds in plan book 1970, page 91; and (ii) the parcel of land identified as parcel 020-120-012 in the Malden assessors’ database, used as a district court parking lot. The Malden district court parking lot was acquired pursuant to chapter 274 of the acts of 1947. The parcels shall be conveyed by deed without warranties or representations by the commonwealth.
SECTION 2. The use of the parcels described in section 1 shall be restricted to nonprofit recreational, educational or community use and ancillary uses. The deed or other instrument conveying the parcels to the city of Malden shall provide that the parcels shall be used solely for nonprofit recreational, educational or community use and ancillary uses and shall include a reversionary clause that stipulates that if the parcels cease at any time to be used for such purposes, title to the parcels shall, at the election of the commonwealth, revert to the commonwealth and the reversionary clause shall be enforceable notwithstanding the time limit set forth in section 7 of chapter 184A of the General Laws.
SECTION 3. The consideration for the conveyance of the parcels pursuant to section 1 shall be the fair market value of the parcels as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal for the use of the parcels as restricted pursuant to section 2. The city of Malden may pay the consideration for the parcels as so determined at the time the parcels are conveyed to the city or may pay the amount so determined through payments pursuant to section 20A of chapter 58 of the General Laws.
SECTION 4. Notwithstanding any general or special law to the contrary, the city of Malden shall be responsible for all costs and expenses of any transaction authorized by this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the parcels authorized in section 1. The city of Malden shall acquire the property thereon in its present condition. Upon the recording of the deed conveying the parcels to the city of Malden, the city of Malden shall be responsible for all costs, liabilities and expenses resulting from its ownership of the parcels. Upon the recording of the deed conveying the parcels to the city of Malden, the city shall record a plan showing the boundaries of the Malden district court parking lot parcel and deliver a copy of the plan to the division of capital asset management and maintenance and the division shall keep the plan on file.
SECTION 5. Notwithstanding this act or any other general or special law to the contrary and subject to paragraphs (a), (b) and (g) of section 16 of chapter 30B of the General Laws, the city of Malden may lease or sell the parcels described in section 1 or portions thereof to 1 or more not-for-profit corporations in the commonwealth; provided, however, that the use of the parcels or any portion thereof shall continue to be subject to section 2.
Approved, August 2, 2022.