SENATE DOCKET, NO. 2597        FILED ON: 3/26/2018

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2559

The Commonwealth of Massachusetts

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PRESENTED BY:

Harriette L. Chandler

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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 modify and relocate an easement in the town of West Boylston.

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PETITION OF:

SENATE DOCKET, NO. 2597        FILED ON: 3/26/2018

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2559

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act authorizing the commissioner of capital asset management and maintenance to modify and relocate an easement in the town of West Boylston.

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. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may, for no consideration, modify and relocate the easement  described in a grant from the commonwealth to the West Boylston Water District of West Boylston, dated February 26, 1970 and recorded in the Worcester south district registry of deeds in book 5018, page 313 and shown on a plan recorded in plan book 334, plan 63.

(b) The modification and relocation of the easement shall be for the purposes of locating, constructing, operating and maintaining a second well or well field and piping, pump stations and other appurtenances associated with a public water supply, including driveway access to the well and pump station and a pipe connection to the municipal water system, to serve the West Boylston public water supply system.

(c) The modified and relocated easement shall be subject to the requirements of sections 2 and 3 and to such additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may prescribe.

(d) The modified and relocated easement shall be as shown on the plan entitled “Easement Plan in West Boylston, MA”, dated August 15, 2017 and prepared by Andrysick Land Surveying, a division of Hancock Survey Associates, Inc.; provided, however, that the boundaries of the easement as shown on the plan may be modified as determined appropriate by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation; provided further, that the final plan shall be subject to the approval of the department of conservation and recreation. To ensure a no-net-loss of lands protected for natural resource purposes, the area of the modified and relocated easement shall be not more than the area of the present easement and shall contain approximately 1.797 acres, more or less. The final plan shall be recorded in the Worcester south district registry of deeds and a copy thereof shall be filed with the department of conservation and recreation.

SECTION 2. No instrument executed by or on behalf of the commonwealth that grants the modified and relocated easement authorized in section 1 shall be valid unless it provides that the easement shall be used solely for the purposes described in said section 1. The grant shall stipulate that the easement shall terminate if the property ceases to be used for the express purposes set forth in the instrument.

SECTION 3. The modified and relocated easement authorized in section 1 shall be granted only if the grantee agrees to assume the cost of any appraisals, surveys or other expenses deemed necessary by the commissioner of capital asset management and maintenance for the transactions under this act.