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The 191st General Court of the Commonwealth of Massachusetts

AN ACT PROVIDING FOR THE ABANDONMENT OF A CERTAIN WATER LINE EASEMENT IN REVERE AND MALDEN.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the department of capital asset management and maintenance to release a certain easement in the cities of Malden and Revere, 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. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the executive director of the Massachusetts Water Resources Authority, may release by deed or other instrument for the benefit of Wesley Squire, LLC, owner of the premises located at 649 to 655 Squire road in the city of Revere and 1 Wesley street in the city of Malden, its successors or assigns, a certain metropolitan district commission high service water line easement, 30’ wide, or a portion of said easement in the cities of Revere and Malden. The easement was the subject of an order of taking by the metropolitan district commission dated April 15, 1954 and recorded with the Suffolk registry of deeds in book 6954, page 74, a portion of which is shown on a plan entitled “Easement Plan Off Wesley Street, Revere, Massachusetts” prepared by The BSC Group–Norwell, Inc., dated December 18, 1991 and recorded in the Middlesex southern district registry of deeds as plan no. 74 of 1992 in book 21729, page 467. The portion of the easement that may be released is shown on the plan and is designated as “6096 S F of Easement to be Released” and is more particularly described as follows:

Beginning at the north corner of the existing building and running S59º-39’-00”W a distance of 28.77’ to the Point of Beginning, thence turning and running

S30º-19’-59”E a distance of 228.78’, thence turning and running

S14º-46’-19”W a distance of 42.34’, thence turning and running

N30º-19’-59”W a distance of 258.66’, thence turning and running

N59-59’-00”E a distance of 30.00’ to point of beginning

Said portion consisting of 6,096± s.f., according to said plan.

SECTION 2. The release of the easement described in section 1 shall be in accordance with such terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the Massachusetts Water Resources Authority, shall prescribe.

SECTION 3. An independent appraisal shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance for: (i) the easement described in section 1; and (ii) the difference between the value of the property described in section 1 as subject to the easement and the value of the premises without the easement. If the difference in the appraised value of the property as subject to the easement and the appraised value of the property without the easement exceeds the appraised value of the easement described in section 1, Wesley Squire, LLC shall pay the difference to the commonwealth. The commonwealth shall not be obligated to pay any consideration to Wesley Squire, LLC. The inspector general shall review and prepare a report of such review of the methodology utilized for the appraisals and shall file the report with the commissioner of capital asset management and maintenance. The commissioner of capital asset management and maintenance shall submit the appraisal report and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days before execution of the release.

SECTION 4. Notwithstanding section 3, the commissioner of capital asset management and maintenance, in consultation with the executive director of the Massachusetts Water Resources Authority and the inspector general, may release the easement described in section 1 for less than the consideration provided for in section 3 if the commissioner, the executive director and the inspector general determine that consideration has already been provided for the release of the easement by the grant of an easement to the Massachusetts Water Resources Authority by a deed recorded in the Suffolk registry of deeds in book 17273, page 192 and in the Middlesex southern district registry of deeds in book 21729, page 468. If such consideration has already been so provided, the commissioner, in consultation with the executive director and the inspector general, may require consideration that is equal to not less than the difference between the value of the release of the easement described in said section 1 and the value of the easement previously granted to the Massachusetts Water Resources Authority. The commonwealth shall not be obligated to pay any consideration to Wesley Squire, LLC.

SECTION 5. The owner of the land benefiting from the partial release of the easement shall be responsible for any costs for surveys, recording and other expenses relating to the release.

 

Approved, August 9, 2018.