Session Laws

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 deputy commissioner of the division of capital planning and operations is hereby authorized and directed, notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed approved as to form by the attorney general, certain permanent easements over, under and across land located at the University of Massachusetts Medical Center, to the Central Massachusetts Long Term Care Partnership, its successors and assigns, provided that a health-care facility is constructed and operated on the land shown on a plan recorded in the Worcester district registry of deeds, Plan Book 618, Plan 64, and, subject to the requirements of sections two and three and to such terms and conditions as the deputy commissioner may prescribe, in consultation with said University of Massachusetts Medical Center.

Said easements being bound and described as follows:

Easement A

A 60 foot wide easement located Southeasterly of Plantation Street in the City of Worcester, County of Worcester, Commonwealth of Massachusetts described as follows:

Beginning at the northeasterly corner of said easement at the southeasterly corner of land of Mildred S. Stapor & Joseph Scampini and the southwesterly corner of land of Mary A. Pascarelli at land of the Commonwealth of Massachusetts;

Thence S 33<= 17' 00" E a distance of 57.06 feet;

Thence N 89<= 25' 14" W a distance of 72.26 feet;

Thence N 33<= 17' 00" W a distance of 56.12 feet to land of said Stapor and Scampini, the previous three courses being on land of said Commonwealth of Massachusetts;

Thence N 89<= 57' 15" E a distance of 71.74 feet by land of said Stapor and Scampini to the point of beginning.

The above described easement contains 3,395 square feet more or less, and is shown as easement "A" on a plan entitled "'Easement' Plan of Land in Worcester, Mass., Property of: Commonwealth of Massachusetts University of Massachusetts Medical Ctr., Scale: 40 feet to an inch, Date: February 9, 1990" by Guerriere & Halnon, Inc. Engineering and Land Surveying, 333 West Street, Milford, Mass.

Said easement may be used to construct, maintain, repair, renew, and replace a driveway as means of ingress and egress for vehicular and pedestrian traffic to and from the property of the Central Massachusetts Long Term Care Partnership, its successors and assigns.

Easement B

A 40 foot wide easement located on the southeasterly side of Plantation Street in the City of Worcester, County of Worcester, Commonwealth of Massachusetts, described as follows:

Beginning at the southwesterly corner of said easement on the southeasterly side of said Plantation Street at a point northeasterly 1942 feet, more or less, from Belmont Street;

Thence N 28<= 57' 30" E a distance of 74.24 feet by the southeasterly side of said Plantation Street to a point;

Thence S 61<= 09' 40" E a distance of 51.60 feet;

Thence N 89<= 57' 15" E a distance of 904.32 feet;

Thence S 00<= 02' 45" E a distance of 40.00 feet;

Thence S 89<= 57' 15" W a distance of 985.50 feet to the point of beginning, the previous four courses being on land of the Commonwealth of Massachusetts.

The above described easement contains 39,712 square feet more or less, and is shown as easement "B" on a plan entitled "'Easement' Plan of Land in Worcester, Mass., Property of: Commonwealth of Massachusetts University of Massachusetts Medical Ctr., Scale: 40 feet to an inch, Date: February 9, 1990" by Guerriere & Halnon, Inc. Engineering and Land Surveying, 333 West Street, Milford, Mass.

Said easement may be used as a means of ingress and egress for vehicular and pedestrian traffic from Plantation Street to the property of the Central Massachusetts Long Term Care Partnership, its successors and assigns.

Easement C

A 20 foot wide sewer easement located southeasterly of Plantation Street in the City of Worcester, County of Worcester, Commonwealth of Massachusetts described as follows:

Beginning at the northeasterly corner of said easement at a point on the southerly side of land of Mildred S. Stapor and Joseph Scampini, said point being S 89<= 57' 15" W a distance of 9.57 feet from the southwesterly corner of land of Mary A. Pascarelli, and at land of the Commonwealth of Massachusetts.

Thence S 33<= 17' 00" E a distance of 77.71 feet;

Thence S 89<= 57' 15" W a distance of 23.91 feet;

Thence N 33<= 17' 00" W a distance of 77.71 feet to land of said Stapor and Scampini, the previous three courses being on land of the Commonwealth of Massachusetts;

Thence N 89<= 57' 15" E a distance of 23.91 feet by land of said Stapor and Scampini to the point of beginning.

The above described easement contains 1,554 square feet more or less, and is shown as easement "C" on a plan entitled "'Easement' Plan of Land in Worcester, Mass., Property of: Commonwealth of Massachusetts University of Massachusetts Medical Ctr., Scale: 40 feet to an inch, Date: February 9, 1990" by Guerriere & Halnon, Inc. Engineering and Land Surveying, 333 West Street, Milford, Mass.

Said easement may be used to install, use, maintain, repair, renew and replace a sewer line.

Easement D

A 20 foot wide drain easement located southeasterly of Plantation Street in the City of Worcester, County of Worcester, Commonwealth of Massachusetts described as follows:

Beginning at the northeasterly corner of said easement at a point on the southerly side of land of Mildred S. Stapor and Joseph Scampini, said point being S 89<= 57' 15" W a distance of 20.33 feet from the southwesterly corner of land of Mary A. Pascarelli, and at land of the Commonwealth of Massachusetts;

Thence S 33<= 17' 00" E a distance of 37.06 feet;

Thence S 89<= 57' 15" W a distance of 23.91 feet;

Thence N 33<= 17' 00" W a distance of 37.06 feet to land of said Stapor and Scampini, the previous three courses being on land of the Commonwealth of Massachusetts;

Thence N 89<= 57' 15" E a distance of 23.91 feet by land of said Stapor and Scampini to the point of beginning.

The above described easement contains 741 square feet more or less, and is shown as easement "D" on a plan entitled "'Easement' Plan of Land in Worcester, Mass., Property of: Commonwealth of Massachusetts University of Massachusetts Medical Ctr., Scale: 40 feet to an inch, Date: February 9, 1990" by Guerriere & Halnon, Inc. Engineering and Land Surveying, 333 West Street, Milford, Mass.

Said easement may be used to install, use, maintain, repair, renew and replace a surface sewer line for drainage.

SECTION 2. No deed conveying by or on behalf of the commonwealth the easements described in section one shall be valid unless such deed provides that said easements shall be used for the purpose of laying, maintaining, repairing, replacing and using underground utility lines, and for passage and access purposes, including but not limited to pedestrian and maintenance vehicular passage and access as well as emergency access.

SECTION 3. The Central Massachusetts Long Term Care Partnership shall assume the costs of appraisals, surveys and for other expenses as deemed necessary by the deputy commissioner for granting these easements.

SECTION 4. This act shall take effect upon its passage.