SENATE DOCKET, NO. 1374        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1569

The Commonwealth of Massachusetts

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PRESENTED BY:

Katherine M. Clark

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act providing for the abandonment of a certain Wakefield sewer easement.

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PETITION OF:

SENATE DOCKET, NO. 1374        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1569

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act providing for the abandonment of a certain Wakefield sewer easement.

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 40E through 40I of chapter 7 of the General Laws, the commissioner of the division of capital asset management and maintenance, in consultation with the executive director of the Massachusetts Water Resources Authority, is hereby authorized to release by deed or other instrument for the benefit of Diane Conger, owner of the premises known and numbered as 0 Meadow Lane, Wakefield, Massachusetts, and her successors and/or assigns, a certain sewer easement, or portion of, in the town of Wakefield, recorded at Middlesex South Registry of Deeds at Book 4213, Page 25, no longer needed for the construction, maintenance or operation of the Massachusetts Water Resources Authority sewer system. Said easement is more particularly shown in a plan on file at the division of capital asset management and maintenance entitled “Sketch Plan in Wakefield, Mass. Showing Abandonment of 15’ wide Metropolitan District Commission Force Main Easement on Lot C,” dated November 26,2007 prepared by Hayes Engineering, Inc.  The exact boundaries of the easement to be released shall be determined by the commissioner of the said division after the completion of a land survey in consultation with the Massachusetts Water Resources Authority.

SECTION 2. The abandonment and release of said easement shall be in accordance with such terms and conditions, as commissioner shall prescribe, in consultation with the Massachusetts Water Resources Authority.   

SECTION 3.  The consideration for said release shall be the before and after market value of said premises known and numbered as 0 Meadow Lane, Wakefield, Massachusetts, as determined by the commissioner of the division of capital asset management and maintenance pursuant to an independent professional appraisal and the inspector general shall review and approve the appraisal.  The inspector general shall prepare a report of his review of the methodology utilized for the appraisal and shall file the report with the commissioner of the division of capital asset management and maintenance within 30 days of receipt of the appraisal report.  The commissioner of the division 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.  The owner of land benefiting from the partial release of the easement shall be responsible for any costs for surveys, appraisals, recording and other expenses relating to the release, or for any costs and liabilities of any nature and kind for its development, maintenance or operation.