Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is forthwith to
authorize the division of capital planning and operations to convey a
certain permanent easement across commonwealth property in the town of
Hinsdale,
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,
in consultation with the department of environmental management, may
notwithstanding the provisions of chapter 7 of the General
Laws, convey a permanent easement to the town of Hinsdale
for the purposes of constructing, operating, maintaining, repairing, and
replacing a municipal sewer line over a certain parcel of commonwealth land
located in said town currently under the care and control of said
department, which parcel is shown on deeds recorded
in Berkshire middle district registry of deeds in book 868, pages 506 and
507, subject to such terms and conditions as said commissioner may prescribe.
The exact boundaries of said easement shall be determined by said commissioner,
based on a survey.
SECTION 2.
The town of Hinsdale shall be responsible for all costs
for the preparation of the easement, surveys and other expenses
relating to the transfer of the easement over said parcel, and for any costs
and liabilities and expenses of any nature and kind for the use and operation
of the easement area and for the construction, operation, maintenance, repair
and replacement of the sewer line. In the event said easement ceases to be
used at any time for the purposes contained herein; or is used for any purpose
other than the purpose stated herein, said easement, upon notice by the
commissioner of the division of capital planning and operations, shall
terminate and revert to the care and control of the commonwealth through said
division for use by the department
of
environmental management, and any further disposition of said parcel shall be
subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.
In the event of such reverter, said town of Hinsdale shall remain responsible
for all liabilities associated with the sewer line, and for all liabilities
associated with the use and operation of the easement area prior to its
reversion.
Approved August 7, 1998.