Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately grant permanent easements through air rights under the control of the department of environmental management to Boott Mills Limited Partnership, 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 commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey permanent air rights and easements for the purpose of constructing, maintaining, using, repairing, removing and replacing bridges to provide access and egress, by foot and vehicle, to land owned by Boott Mills Limited Partnership, over certain parcels of land located in the city of Lowell, to an individual or entity, subject to the requirements of sections two and three and to such additional terms and conditions as the commissioner may prescribe in consultation with the department of environmental management. Said parcels are bounded and described as follows:

Four certain parcels of land in the city of Lowell, situated in an area bounded by Bridge Street, Amory Street, and French Street, and by the Merrimack River and the Merrimack Wasteway, denoted as Air Rights Parcels 1, 2, 3 and 4 as shown on a plan entitled "Boott Mills, Plan of Air Rights Parcel for Pedestrian Bridge in Lowell, Massachusetts, North District, Middlesex County", dated 7 September, 1989, Drawing No. 219.17S, Sheet 1 of 2, by Survey Engineers of Boston, and on a plan entitled, "Boott Mills, Plan of Air Rights Parcels in Lowell, Massachusetts, North District, Middlesex County", dated 25 April 1990, Drawing No. 219.18M, Sheet 2 of 2, by Survey Engineers of Boston, being more particularly bounded and described as follows:

Parcel 1

Beginning at a point on the northeasterly side of the Eastern Canal, said point being 129.14 feet, southeasterly of the northeast corner of the Boott Dam Gatehouse; thence running

S 56 59 49 E 16.00 feet along the southwesterly face of Mill No. 8 to a point; thence turning and running

S 33 00 11 W 61.56 feet to a point; thence turning and running

S 56 40 59 E 16.00 feet to a point; then turning and running

N 33 00 11 E 61.47 feet to the point of beginning.

Said Air Rights Parcel extends from an elevation of 17.75 feet to 36.42 feet on City of Lowell Datum. Containing 984 square feet, more or less, or 91.4 square meters, more or less.

Subject to and with the benefit of any and all existing easements and rights of ways.

Parcel 2

Beginning at a point on the northwesterly side of the Merrimack Wasteway, said point being 3.45 feet southwesterly from the northeasterly corner of land now or formerly of Fred C. Church, Inc.; thence running

S 57 02 40 E 24.59 feet to a point on the westerly face of Mill No. 9; thence turning and running

S 32 57 20 W 24.00 feet to a point; thence turning and running

N 57 02 40 W 24.37 feet to a point; thence turning and running

N 32 26 48 E 24.00 feet to the point of beginning.

Said Air Rights Parcel extends from an elevation of 17.5 feet to 37.5 feet on City of Lowell Datum. Containing 588 square feet, more or less, or 54.6 square meters, more or less.

Subject to and with the benefit of any and all existing easements and rights of ways.

Parcel 3

Beginning at a point on the northwesterly side of the Merrimack Wasteway, said point being 165.89 feet S 33 15 17 W of the northeasterly corner of land now or formerly of Merrimack Properties, Inc.; thence running

S 56 15 12 E 23.16 feet to a point on the westerly face of Mill No. 4; thence turning and running

S 33 44 48 W 4.00 feet to a point; thence turning and running

S 28 15 07 W 14.25 feet, to a point; thence turning and running

S 32 57 20 W 4.00 feet to a point; thence turning and running

N 57 02 40 W 24.39 feet to a point; thence turning and running

N 33 15 17 E 22.52 feet to the point of beginning.

Said Air Rights Parcel extends from an elevation of 17.0 feet to 28.0 feet on City of Lowell Datum. Containing 531 square feet, more or less, or 49.3 square meters, more or less.

Subject to and with the benefit of any and all existing easements and rights of ways.

Parcel 4

Beginning at a point on the northwesterly side of the Merrimack Wasteway, said point being 76.23 feet S 33 15 17 W of the northeasterly corner of land now or formerly of Merrimack Properties, Inc.; thence running

S 56 15 12 E 23.93 feet to a point on the westerly face of Mill No. 4; thence turning and running

S 33 44 48 W 14.00 feet to a point; thence turning and running

N 56 15 12 W 23.81 feet to a point; thence turning and running

N 33 15 17 E 14.00 feet to the point of beginning.

Said Air Rights Parcel extends from an elevation of 20.0 feet to 40.0 feet on City of Lowell Datum. Containing 334 square feet, more or less, or 31 square meters, more or less.

Subject to and with the benefit of any and all existing easements and rights of ways.

SECTION 2. Said grant of easement shall be subject to such conditions and restrictions as may be deemed necessary or appropriate by the commissioner of the department of environmental management.

SECTION 3. In consideration for said easements, Boott Mills Limited Partnership, its successors and assigns, may grant to the department of environmental management, a permanent, public access easement to use certain of the renovated courtyard areas of The Boott Mills as shown on a plan entitled Courtyard Public Access Easement Plan (2 sheets) dated January 31, 1991 by Survey Engineers of Boston or any other form of compensation as determined by the commissioner of capital planning and operations in consultation with the department of environmental management.

SECTION 4. The recipient of said easements shall assume all costs for appraisals, surveys, and other expenses as deemed necessary by the commissioner of capital planning and operations for the disposition of this property.