Page:United States Statutes at Large Volume 74.djvu/396

 356

Conditions.

Payment.

PUBLIC LAW 86-602-JULY 7, 1960

[74

STAT,

turning and running south 40 degrees 59 minutes 00 seconds west a distance of 389.83 feet to a point bounded by land of United States of America (United States ]Savy, Boston Naval Shipj'^ard), thence turning and running south 49 degrees 01 minutes 00 seconds east a distance of 447.75 feet to a point bounded by land of United States of America (United States Navy, Boston Naval Shipyard), thence turning and running south 40 degrees 59 minutes 00 seconds west a distance of 935.95 feet to a point on the northerly side line of West First Street and bounded by land of the United States of America (United States Navy, District Public Works Officer, First Naval District) and now or formerly by land of Mary I. Murphy, thence turning and running north 49 degrees 01 minutes 00 seconds west a distance of 654.00 feet to the point of beginning; containing in area 15.9 acres of land, more or less, and shown on Public Works Drawing Numbered 981-391-28 titled "Plan of Land in Boston, Massachusetts, South Boston District, Portion of E Street Annex, South Boston, Massachusetts, dated 18 November 1958", reserving to the Government a railroad right-of-way to building numbered 61 on lands retained by the Government and an easement for a water line and subject to a right-of-way for railroad purposes granted to the P o r t of Boston Authority and a drainage easement to the city of Boston, in consideration of the conveyance by the Massachusetts Port Authority to the United States of America, free of all encumbrances, the following lands, together with any improvements thereon: (a) An area of approximately 60,300 square feet occupied by the United States under permit A-260 issued by the Port of Boston Commission of the Commonwealth of Massachusetts, bearing Department of the Navy instrument numbered NOy(E)-^5507: and (b) an area of approximately 109,264 square feet occupied by the United States under permit A-261 issued by the Port of Boston Commission of the Commonwealth of Massachusetts, bearing Department of the Navy instrument numbered NOy(E)-65508. SEC. 2. The conveyance to the Massachusetts Port Authority authorized by the first section of this Act shall be made subject to the following express conditions: (a) That the Massachusetts Port Authority, at its own expense, will preserve and maintain in a condition suitable for, and not inconsistent with, the purposes of the Authority, the lands and the improvements existing on said property on the date of enactment of this Act, and those which may be constructed thereon after such date of enactment^ (b) that in a time of war or national emergency the United States shall have the right of the free and unlimited use of all said property including any improvements which may be erected by the grantee, but the United States shall pay a fair rental for any improvements made after the date of enactment of this Act and shall be responsible during the period of such use for the entire cost of maintaining said property. SEC. 3. (a) As a condition of the exchange of land authorized by this Act the Secretary of the Navy shall require the Massachusetts Port Authority to pay an amount of money equal to the amount, if any, by which the fair market value of the property conveyed by the United States exceeds the fair market value of the property conveyed to the United States, as determined by the Secretary of the Navy. (b) The Secretary of the Navy is authorized, with respect to any amount determined by him to be payable to the United States pursuant to the provisions of subsection (a), to waive such portion thereof, but not to exceed 50 per centum, as he deems equitable m consideration of the rent free use by the Department of the Navy in past years of the land conveyed hereunder by the Massachusetts Port Authority. Approved July 7, 1960.

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