HOUSE DOCKET, NO. 4045        FILED ON: 1/13/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3863

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Frank I. Smizik

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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 lease of air rights over a portion of a municipal off-street parking area - rear of the property located at 280-290 Harvard Street.

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PETITION OF:

 

Name:

District/Address:

Date Added:

Frank I. Smizik

15th Norfolk

1/13/2014

Cynthia S. Creem

First Middlesex and Norfolk

1/13/2014


HOUSE DOCKET, NO. 4045        FILED ON: 1/13/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3863

By Mr. Smizik of Brookline, a petition (accompanied by bill, House, No. 3863) of Frank I. Smizik and Cynthia S. Creem (by vote of the town) that the town of Brookline be authorized to issue a lease of air rights over a certain portion of town owned land.  Municipalities and Regional Government.  [Local Approval Received.]

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Fourteen

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An Act authorizing the lease of air rights over a portion of a municipal off-street parking area - rear of the property located at 280-290 Harvard Street.

 

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 any general or special law to the contrary, the town of Brookline is hereby authorized to lease any part or portion of the air rights over its municipal off-street parking area located on the Northeasterly side of Centre Street and to the rear of the property located at 280-290 Harvard Street in Brookline,  the property generally known and referred to and shown as Parcel 09 in Block 082 on Sheet 16 of the Town’s 2013 Assessors Atlas and more particularly depicted and described on a “Site Plan of Coolidge Corner Theater in Brookline, Massachusetts”, dated February 20, 2013 by Neponset Valley Survey Assoc., Inc., now or hereafter owned by it, for a period not to exceed 99 years, to Hamilton Charitable Corporation, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts and having a usual place of business of 39 Brighton Avenue, Allston, Massachusetts 02134 or its designee, upon such terms and conditions as the board of selectmen shall determine to be in the best interests of the town. The air rights to be leased over said property contains approximately 950 square feet as shown on said plan and is bounded and described as follows:

Beginning at a point on the southerly property line of the Coolidge Corner Theatre, said point being 37.10’ feet northwesterly from the southerly property corner of said theatre, thence running:

Southwesterly by land now or formerly of the Town of Brookline, 10.00’; thence running northwesterly by land now or formerly of the Town of Brookline 95.00’; thence running northeasterly by land now of the Town of Brookline; 10.00’; thence running along the southerly property line 95.00 to the point of beginning.

Said air rights easement contains an area of 950 square feet more or less.

Said air rights easement is as shown on a plan entitled “Easement Plan at Coolidge Corner Theatre” as prepared by Neponset Valley Survey associates, Inc. and dated February 20, 2013.

SECTION 2. This act shall take effect upon its passage.