SENATE DOCKET, NO. 2178        FILED ON: 2/1/2012

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2233

The Commonwealth of Massachusetts

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PRESENTED BY:

Eileen M. Donoghue

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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 authorizing the Division of Capital Asset Management to grant to the city of Lowell easements over certain parcels of land.

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PETITION OF:

SENATE DOCKET, NO. 2178        FILED ON: 2/1/2012

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2233

The Commonwealth of Massachusetts

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In the Year Two Thousand Twelve

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An Act authorizing the Division of Capital Asset Management to grant to the city of Lowell easements over certain parcels of land.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for the city of Lowell to acquire certain easements over land owned by the commonwealth              , 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 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation and the University of Massachusetts at Lowell, may grant to the city of Lowell, andthe city of Lowell may acquire, easements over 4 parcels of land in Lowell located in said city of Lowell. The parcels, which shall be diverted from their present uses for higher education and conservation and recreation to highway uses, are generally bounded and described as follows:

(1) Parcel No. B-7: A parcel of land supposed to be owned by the commonwealth, located in the city of Lowell, and bounded by the line described as follows: beginning at a point, said point being N60º39’05”E and 29.42 feet from station 15+73.96 of the University Avenue baseline thence, turning and running S29º20’55”E  101.56 feet to a point said point being N60º39’05”E and 29.42 feet from station 14+72.40 of said baseline thence, turning and running S54º56’58”W  71.19 feet to a point  said point being S60º39’05”W and 41.42 feet from station 14+65.33 of said baseline thence, turning and running N29º20’55”W  108.63 feet to a point  said point being S60º39’05”W and 41.42 feet from station 15+73.96 of said baseline thence, turning and running N60º39’05”E  70.83 feet to the point of beginning; containing about 7,444± square feet or 0.171± acres;

(2) Parcel No. B-8:  A parcel of land supposed to be owned by the commonwealth, located in the city of Lowell, and bounded by the line described as follows: beginning at a point, said point being N60º39’05”E and 37.83 feet from station 15+95.96 of the University Avenue baseline thence, turning and running S29º20’55”E  22.00 feet to a point  said point being N60º39’05”E and 37.83 feet from station 15+73.96 of said baseline thence, turning and running S60º39’05”W  95.00 feet to a point  said point being S60º39’05”W and 57.16 feet from station 15+73.96 of said baseline thence, turning and running N29º20’55”W  22.00 feet to a point  said point being S60º39’05”W and 57.16 feet from station 15+95.96 of said baseline thence, turning and running N60º39’05”E  95.00 feet to the point of beginning; containing about 2,090± square feet or 0.048± acres;

(3) Parcel No. B-9:  A parcel of land supposed to be owned by the commonwealth, located in the city of Lowell, and bounded by the line described as follows: beginning at a point, said point being N60º39’05”E and 29.42 feet from station 18+15.31 of the University Avenue baseline thence, turning and running S29º20’55”E  219.34 feet to a point  said point being N60º39’05”E and 29.42 feet from station 15+95.96 of said baseline thence, turning and running S60º39’05”W  70.83 feet to a point  said point being S60º39’05”W and 41.42 feet from station 15+95.96 of said baseline thence, turning and running N29º20’55”W  187.73 feet to a point  said point being S60º39’05”W and 41.42 feet from station 17+83.69 of said baseline thence, turning and running northeasterly along the shoreline of the Merrimack River 77.6 feet more or less to the point of beginning; containing about 14,339± square feet or 0.329± acres;

(4) Parcel No. TE-11:  A parcel of land supposed to be owned by the commonwealth, located in the city of Lowell, and bounded by the line described as follows: beginning at a point, said point being N60º39’05”E and 53.87 feet from station 18+21.46 of the University Avenue baseline thence, turning and running S45º25’22”E  350.45 feet to a point said point being N60º39’05”E and 150.90 feet from station 14+84.70 of said baseline thence, turning and running S54º52’10”W 122.11 feet by land now or formerly of Boott Hydropower, Inc., said point being N60º39’05”E and 29.42 feet from station 14+72.40 of said baseline thence turning and running N29º20’55”W 101.56 feet to a point said point being N60º39’05”E and 29.42 feet from station 15+73.96 of said baseline thence, turning and running N60º39’05”E  8.42 feet to a point  said point being N60º39’05”E and 37.83 feet from station 15+73.96 of said baseline thence, turning and running N29º20’55”W 22.00 feet to a point said point being N60º39’05”E and 37.83 feet from station 15+95.96 of said baseline thence, turning and running S60º39’05”W  8.42 feet to a point  said point being N60º39’05”E and 29.42 feet from station 15+95.96 of said baseline thence, turning and running N29º20’55”W  219.34  feet to a point said point being N60º39’05”E and 29.42 feet from station 18+15.31 thence, turning and running northeasterly along the shoreline of the Merrimack River in two courses about 14 feet and about 11 feet, respectively, to the point of beginning; containing about 25,071± square feet or 0.576± acres.  The exact boundaries may be determined by the commissioner of capital asset management and maintenance based upon a survey.

SECTION 2.  The consideration for the grant of the easements shall be the full and fair market value of the easements as determined by the commissioner of capital asset management and maintenance pursuant to 1 or more independent professional appraisals.

Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisal required pursuant to this section. 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 capital asset management and maintenance, and the house and senate committees on ways and means.  

The city shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals and document preparation related to the grant of easements authorized in subsection (a) as such costs may be determined by the commissioner.