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 capital asset
management and maintenance, on behalf of and in consultation with the
commissioner of
environmental management, may, notwithstanding
the provisions of ection 40H of chapter 7 of the General Laws, convey an
easement over a certain parcel of land in the town of Dracut currently under
the care and control of the department of environmental management for
conservation and recreational purposes, as part of the
Lowell-Dracut-Tyngsborough
State Forest to the town of Dracut, for purposes of planning, constructing and
maintaining, repairing
and replacing a sewer pipeline, subject to the requirements of sections 2 and
3, and to such additional terms and conditions consistent with this act as said
commissioner may prescribe in consultation with said department of
environmental
management. The interest in land authorized to be conveyed herein may not be
used to increase building density of adjacent land of grantees or to create
additional subdivision lots. Said herein described parcel of land shall be
composed of a 20 foot wide strip of land containing 32,000 square feet or 0.74
acres of land and is shown on plans of land, sheets 7, 8 and 9 entitled "Cross
Country From Davis Road", "Cross Country" and "Cross Country and Eldridge
terrace" as prepared by Camp, Dresser and McKee. Minor modifications to the
property description set forth above may be made in order to conform with a
final land survey.
SECTION 2.
No instrument conveying, by or on behalf of the
commonwealth, the easement described in section 1 shall be valid unless such
instrument provides that said easement shall be used for the purposes described
in section 1. The instrument shall include a reversionary clause that
stipulates that the interest shall revert back to the commonwealth, and
assigned
to the care and control of the department of environmental management, if the
property ceases to be utilized for the express purposes for which it was
conveyed.
SECTION 3.
The grantees of said easement shall assume the cost of any
appraisals, surveys and other expenses deemed necessary by the commissioner of
the division of capital asset management and maintenance for the granting of
the
title.
SECTION 4.
The grantees shall compensate the commonwealth
pursuant to the terms and conditions of a Memorandum of Agreement executed
between the department of environmental management and the grantees. Said
compensation shall be greater than or equal value to the full and fair market
value of the property interest, or its value in use as a sewer pipeline,
whichever is greater, as determined by independent appraisal. The
grantees of
said interest shall pay said compensation in accordance with the terms of the
agreement.
The inspector general shall review and approve said appraisal and said review
shall include an examination of the methodology used for said appraisal. Said
inspector general shall prepare a report of his review and file said report
with
the commissioner of capital asset management and maintenance
for submission to the house and senate committees on ways and means and
chairmen of the joint committee on state administration.
SECTION 5.
The department of environmental management may,
on behalf of the commonwealth, deposit any sum received pursuant
to section 4 in the conservation trust established pursuant to
section 1 of chapter 132A of the General Laws. Said sum is to be dedicated
for use at the Lowell-Dracut-Tyngsborough State Forest.
Approved August 10, 2000.