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 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 to the city of Northampton a certain permanent storm sewer easement located in said city, subject to such terms and conditions as the commissioner may prescribe in consultation with the department of environmental management. Said land is bounded and described on a Plan of Drainage Easement off Marshall Street in Northampton, Massachusetts, dated August 9, 1986, scale 1"=20', Paul D. Hadsel, City Engineer, to be recorded herewith in the Hampshire county registry of deeds.

The description of the centerline of the proposed easement is bounded and described as follows:

Beginning at a point on the northwesterly sideline of Marshall Street said point being fifteen (15) feet more or less from this sideline intersection of Marshall and Crosby Streets;

Thence running in a northeasterly direction through land now or formerly of John F. and Sophie A. Filoski, intersecting the northeasterly property line of said land at a point a distance of four (4) feet more or less from the northwesterly corner of the Filoski parcel;

Thence continuing at the same course through land now or formerly of the city of Northampton to a point. The total distance of the preceding course from Marshall Street to the above mentioned point in the city of Northampton land is one hundred twenty (120) feet more or less;

Thence turning left at an angle of one hundred twenty-four (124) degrees more or less and running in a northwesterly direction through land now or formerly of the Commonwealth of Massachusetts, department of environmental management for a total distance of seventy-one (71) feet more or less to a manhole located on an angle point of existing drainage easement recorded at the Hampshire county registry of deeds in Book 2546, Page 23 and Plan Book 131, Page 68.

The proposed drainage easement is located in land now or formerly of the Commonwealth of Massachusetts and is described as follows:

The easement is thirty feet more or less wide, centered on the centerline of the proposed easement mentioned and described above and extends from the southeasterly property line of the above mentioned land to the southerly boundary line of the existing easement described above. The area of the easement is seven hundred twenty square feet more or less.

SECTION 2. The commissioner of the division of capital planning and operations is hereby authorized to grant an easement for rail transportation and rail utility purposes over a certain parcel of land, currently being used for public recreation purposes, located in the city of Northampton to a public or private entity, subject to such terms and conditions as the commissioner may prescribe in consultation with the department of environmental management. Said easement shall be located within a parcel of land acquired by the Commonwealth of Massachusetts by a deed recorded in the Hampshire county registry of deeds Book 2546, Page 132 and shown on a plan recorded in the Hampshire county registry of deeds Plan Book 131, Page 79 and shown on Northampton Assessors' Map 25A as parcels 166 and 167. Said easement shall be laid out so as to allow the construction of a non-motorized rail trail along the entire length, in keeping with standard design practices for such trails.

Consideration for the easement described in this section shall be an easement for a tunnel for a recreation rail trail under the Boston and Maine Railroad north-south main line to be located within one-quarter mile of the western terminus of the easement described in this section and any other amounts pursuant to section eight of this act and shall not be subject to the provisions of chapter seven of the General Laws; provided, however, that if the appraisal conducted pursuant to section eight of this act establishes that the easement granted by the Boston and Maine Railroad is equal to the fair market value of the easement granted by the commonwealth, then no further payment will be owed by the Boston and Maine Railroad.

SECTION 3. 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 to the city of Northampton a certain permanent sewer utility access and maintenance easement located in said city, subject to such terms and conditions as the commissioner may prescribe in consultation with the department of environmental management. Said land is bounded and described on a plan entitled "Northampton Industrial Park, Industrial Redevelopment Project" and subtitled "Plan-Sanitary Sewer Connection Between Industrial Park Sewer and Existing City Sewer, scale: 1"=200'," prepared for Northampton Redevelopment Authority by E.H. Lord-Woods Associates, Inc. on file with the city of Northampton department of public works.

SECTION 4. The commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E to forty I, inclusive, of chapter seven of the General Laws, to convey to the city of Northampton a certain easement or easements for public roadway, right to pass and repass, utilities and public safety purposes for a widening of Bradford Street by the intersection with Woodmont Road, subject to such terms and conditions as the commissioner may prescribe in consultation with the department of environmental management. Said easement shall be located adjacent to the existing Bradford street layout and within a parcel of land acquired by the commonwealth by a deed recorded in the Hampshire county registry of deeds Book 2546, Page 132 and shown on a plan recorded in the Hampshire county registry of deeds Plan Book 131, Page 79 and shown on the Northampton Assessors' Map 24D parcels 25A-166 and 32A-263.

SECTION 5. The recipients of said easements and interests granted or conveyed pursuant to and described in sections one, two, three, four and nine shall assume the costs of appraisals, surveys, or other expenses relative to the granting of the easement or interest.

SECTION 6. In the event that the easements described in sections one, two, three and four are not used for the purposes stated in this act within five years of the effective date of this act, or if grantee ceases to use said easement for such purposes stated in sections one, two, three and four, at any time hereafter for a period exceeding one year, upon notice delivered to said easement grantee by the commissioner said easement shall revert to the commonwealth upon such terms and conditions as the commissioner may prescribe in the notice.

SECTION 7. The more precise configuration of the easement areas described in this act shall be shown on recordable plans of land as such plans are further revised, if necessary, and recorded with the Hampshire county registry of deeds. In the event the easement area so described in this act contradicts or is inconsistent with such area as shown upon said plan, then said plan and any subsequent plan of record shall control as to the accuracy and correctness of such description.

SECTION 8. The consideration paid for the interests or easements conveyed or granted pursuant to sections one, two, three, four and nine shall be the full and fair market value of the property determined by the independent appraisal, for its use as described herein. The inspector general shall review and approve said appraisal and said review shall include a review of methodology utilized for said appraisal. The inspector general shall prepare a report for his review and file said report with the commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration in accordance with section five of this act.

SECTION 9. The amount paid as consideration pursuant to sections one, two, three, four and nine shall be deposited in the General Fund of the commonwealth.

SECTION 10. The commissioner shall, thirty days before the execution of any agreement to grant any easement or interest authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within fifteen days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least fifteen days prior to execution.

SECTION 11. This act shall take effect upon its passage.