HOUSE DOCKET, NO. 1274        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2695

The Commonwealth of Massachusetts

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PRESENTED BY:

Kimberly N. Ferguson and 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 grant an easement in the town of Princeton.

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PETITION OF:

HOUSE DOCKET, NO. 1274        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2695

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act authorizing the commissioner of Capital Asset Management and Maintenance to grant an easement in the town of Princeton.

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 37, 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 convey, for no monetary consideration, a permanent nonexclusive easement in a portion of that certain parcel of land, located within the town of Princeton, under the care and control of  the department of conservation and recreation and held for conservation and recreation purposes, and described in a deed recorded with the Worcester South District Registry of Deeds in Book 55054, Page 334, to Hugh McElaney and Christina Chen. The easement may be granted solely for purposes of, repairing, maintaining and replacing the subsurface well that currently serves the land now owned by Hugh McElaney and Christina Chen, the benefitted land being described in a deed recorded with the Worcester South District Registry of Deeds in Book 17447, Page 256, and shall be subject to the further requirements of this act and subject to such additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance may prescribe in consultation with the department of conservation and recreation.

The easement described in this section shall apply to 300 square feet of land, more or less, said easement area identified as “Proposed Utility Easement” on a plan of land entitled “Proposed Easement Sketch in Princeton, Massachusetts” dated October 19, 2011, and prepared by Hannigan Engineering, Inc.

SECTION 2. No easement instrument conveying, by or on behalf of the Commonwealth, the easement described in section 1 shall be valid unless such easement instrument provides that the easement shall be used solely for the purposes described in said section 1 and that, following any work in the easement area, the grantee shall restore the surface to the satisfaction of the department of conservation and recreation. The easement instrument shall include a clause that shall state that if the easement ceases to be used by the grantees, or their successors or assigns, for the purposes described in section 1 at any time, the easement shall terminate and all rights shall revert to the Commonwealth under the care and control of the department of conservation and recreation, upon such terms and conditions as the commissioner may determine.

SECTION 3. The grantees of the easement described in section 1 shall assume and be responsible for the cost of any appraisals, surveys, and other expenses deemed necessary by the commissioner for the granting of said easement.