HOUSE DOCKET, NO. 1763        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2838

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Paul Tucker

_________________

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 and Maintenance to grant an easement in certain land in the city of Salem.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1763        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2838

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act authorizing the Division of Capital Asset Management and Maintenance to grant an easement in certain land in the city of Salem.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to grant forthwith an easement for access to property, 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 38, inclusive, of chapter 7C 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 president of Salem State University, may grant to the City of Salem the following easements:

A. a permanent exclusive easement under, over, in and through a parcel of land containing approximately 120,936 square feet, more or less, located on the O’Keefe Center Parking Lot off Canal street in the city of Salem, currently under the control of Salem State University and held for educational purposes, to the City of Salem, for the purpose of locating certain above and below ground improvements, including an above ground pumping station building associated with a below ground stormwater drainage system to be operated by the City of Salem, such stormwater drainage system improvements to be installed as shown on certain plans on file with the Commission prepared by Woodard & Curran Inc. dated December 22, 2014 and entitled

• Figure 1 City of Salem Stormwater Drainage System Improvements – Site Plan and Permanent Easement

• Figure 2 City of Salem Stormwater Drainage System Improvements –Temporary Easements; and

B. a temporary easement for lay-down area for the construction of the stormwater drainage system improvements; and

C. a permanent subsurface easement for the purpose of locating certain below ground improvements, including drainage pipes and treatment and retention facilities associated with the stormwater drainage system improvements; and

D. a permanent easement for access and egress to those portions of the city’s stormwater drainage system improvements located under, over, in and through the O’Keefe Center parking lot on the campus of Salem State University for the purpose of operating, maintaining, repairing and replacing the stormwater drainage system improvements; and

E. a permanent easement for access and egress to those portions of the city’s sewer system consisting of a 36-inch sewer and associated appurtenances located under, in and though the O’Keefe Center parking lot on the campus of Salem State University for the purpose of operating, maintaining, repairing and replacing the sewer system as shown on certain plans on file with the commissioner dated January 22, 2014 and entitled “Site Utility Asbuilt, Salem State/University Fitness and Recreation Center” dated January 22, 2014 and further to amend the existing easement, if any, in favor of the city for the relocation of such sewer line as shown on said plan.

The easements to be granted pursuant to this section 1 shall be on such terms and conditions as the commissioner of capital asset management and maintenance may require.  The exact boundaries of the easements shall be determined by the commissioner based upon a survey.

Section 2. The easements granted pursuant to section 1 shall be solely for use by city of Salem and its authorized agents for the construction, operation, repair and replacement of the stormwater drainage system and sewer system referred to in Section 1 and, in the event the City of Salem ceases to use the property for such purpose, the easements granted herein shall terminate upon notice from said commissioner to the city of Salem and an opportunity to cure.

SECTION 3. The consideration for the grant of the easements set forth in section 1 shall be nominal.  The easements shall be granted without warranties or representations by the commonwealth.

SECTION 4. The easements authorized in section 1 shall only be granted if the City of Salem, the grantee, agrees to assume all costs associated with any engineering, surveys, recording fees, deed or grant of easement preparation and any other expenses that the commissioner of capital asset management and maintenance deems necessary to effectuate the conveyance.

SECTION 5. The easements shall be subject to the following conditions: the grant of easements shall include a reversionary clause stipulating that such easement shall be extinguished if it ceases to be used and maintained for the express purposes and conditions for which it was granted, following notice of such to the grantees by the division of capital asset management and maintenance and a failure by the grantees to cure the violation to the satisfaction of the division.