HOUSE DOCKET, NO. 4894        FILED ON: 7/6/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4540

The Commonwealth of Massachusetts

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PRESENTED BY:

Aaron Michlewitz

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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 commissioner of capital asset management and maintenance to convey an easement over certain park land to the city of Boston.

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PETITION OF:

HOUSE DOCKET, NO. 4894        FILED ON: 7/6/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4540

The Commonwealth of Massachusetts

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

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An Act authorizing the commissioner of capital asset management and maintenance to convey an easement over certain park land to the city of Boston.

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 commissioner of conservation and recreation, may grant an  easement to the city of Boston and its successors and assigns,  to lay, construct, access, maintain, and operate a subsurface storm water drain pipe and maintaining the same on land described in section 2 and located in the city of Boston, and said land being currently owned by the commonwealth, cared for and controlled by the department of conservation and recreation for recreation and conservation purposes.

SECTION 2. The easement authorized by section 1 is for a 16+/- inch subsurface drain pipe in Prince street park, Commercial street, Boston.  The easement described above is approximately 495 square feet of land and begins at the northwest corner of 585 Commercial street, Boston. The dimensions of the easement area are further detailed on a plan of land entitled, “Storm Water Drain Easement Eliot Innovation School,” dated June 28, 2016 and prepared by Nitsch Engineering.  The dimensions of the easement will be further reviewed and confirmed by the commissioner of capital asset management and maintenance in consultation with the commissioner of conservation and recreation after review of the survey details. Modifications to the easement description set forth in the plan may be made by the commonwealth for conformance with this act. The easement shall be granted without warranties or representations by the commonwealth. The final plan and grant of easement shall be recorded in the Suffolk district registry of deeds.

SECTION 3. The fair market value of the easement described above and further detailed in the recordable plan, shall be based on an independent professional appraisal, as commissioned by the commissioner of capital asset management and maintenance. To ensure a no-net-loss of lands protected for natural resource purposes and as a condition of the grant of easement authorized in section 2, the city of Boston shall compensate the commonwealth in an amount equal to the full and fair market value, or the value in use of the easement as proposed, whichever is greater, as determined by the independent appraisal . The payment shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws and used by the commonwealth to fund the acquisition of land or an interest therein. In addition, the city of Boston shall assume all costs associated with any engineering, survey, appraisal, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the grant of easement authorized by this act. Also, the commissioner of capital asset management and maintenance shall submit the appraisal and a report thereon to the inspector general. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of the review and file the report with the commissioner of capital asset management and maintenance.  The commissioner shall submit copies of the appraisal, the report thereon and the inspector general’s review and approval, and comments, if any, to the house and senate committees on ways and means and the senate and house chairs of the joint committee on state administration and regulatory oversight prior to the execution of the grant of easement authorized by this act.

SECTION 4. Notwithstanding any general or special law to the contrary, from and after the effective date of this act, the department of conservation and recreation may grant a temporary license, not to exceed two (2) years, at a nominal amount to the city of Boston in order to provide the city of Boston with immediate and complete access to, control of and liability and responsibility for the property described in section 2, and for the purposes of this act govern until the grant of easement authorized by this act takes effect.

SECTION 5. No instrument granting by or on behalf of the commonwealth any easement described in section 2 shall be valid unless such instrument provides that the easement shall be used solely for the purposes described in this act. The easement instrument shall include a provision which shall state that in the event that the easement ceases to be used by the city of Boston, or its successors or assigns, for the purposes described in this act, the easement shall revert to the commonwealth under the control of and use by the department of conservation and recreation, upon such terms and conditions as the commissioner of capital asset management and maintenance may determine. If the easement reverts to the commonwealth, any further disposition of the easement shall be subject to sections 32 to 38, inclusive, of chapter 7C of the General Laws and the prior approval of the general court. The terms of the easement shall require that for any installation, maintenance, repair or other work performed in the easement area, the easement holder shall not limit surface access to parkland for a period of time longer than that deemed acceptable by the department of conservation and recreation and shall restore the surface condition to the equivalent or better condition as determined by the department.