HOUSE DOCKET, NO. 4074        FILED ON: 3/20/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3690

The Commonwealth of Massachusetts

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PRESENTED BY:

Denise C. Garlick

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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 Massachusetts Department of Transportation to acquire certain parcels of land in the town of Needham now under the care and control of the Department of Conservation and Recreation.

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PETITION OF:

HOUSE DOCKET, NO. 4074        FILED ON: 3/20/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3690

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 Massachusetts Department of Transportation to acquire certain parcels of land in the town of Needham now under the care and control of the Department of Conservation and Recreation.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the exchange of certain parcels of land in the town of Needham, 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. (a) Notwithstanding the provisions of sections 34 to 38 of chapter 7C of the General Laws or any 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 certain parcels of land or interests therein, currently under the care and control of the department of conservation and recreation and held for conservation and recreation purposes, to the Massachusetts department of transportation to be used for highway purposes, subject to the requirements of sections 2 through 4 and 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 commissioner of conservation and recreation and the secretary of the department of transportation.

(b) The parcels and interests therein are shown on a plan entitled “The Commonwealth of Massachusetts Plan of Land in the Town of Needham, Norfolk County, Article 97 Property”, dated TBD, 2019 to be recorded at the Registry of Deeds, and are described as follows:

(i) Parcel 15-D-1, a permanent drainage easement upon a parcel of land along the southerly line of Highland Avenue comprised of 6,580 square feet as shown on said plan to be used for the construction of a permanent drainage facility;

(ii) Parcel 15-33, a parcel of land along the southerly line of Highland Avenue comprised of 14 square feet as shown on said plan to be used for the construction of a sidewalk along said Highland Avenue;

(iii) Parcel 15-PEU-33, a permanent utility easement in a parcel of land along the southerly line of Highland Avenue comprised of 203 square feet as shown on said plan to be used overhead utility purposes; and

(iv) Parcel 15-TE-115, a temporary construction easement comprised of 3,453 square feet as shown on said plan to be used to support construction activities.

(c) The department of conservation and recreation may issue a license to the department of transportation to allow use and occupancy of any of the above-described parcels for highway purposes and associated construction work while the division of capital asset management maintenance proceeds to effectuate the conveyances authorized by this act.

SECTION 2. Consideration for the grants of the above-described parcels or interests therein shall be as set forth in section 3 of this act. 

SECTION 3. To ensure a no-net-loss of lands protected for natural resource purposes, the  department of transportation shall convey to the commonwealth, under the care and control of the department of conservation and recreation and in full consideration of the conveyance of the land and interests in land authorized by this act, the fee simple interest in a parcel of land located along the easterly line of Interstate 95 and adjacent to Cutler Park Reservation in the town of Needham containing approximately 37,500 square feet of land more and particularly shown on a plan of land entitled “Massachusetts Department of Transportation Plan of Road in the Town of Needham Norfolk County Altered and Laid Out as a State Highway by the Massachusetts Department of Transportation, Highway Division”, dated TBD, 2019 to be recorded at the Registry of Deeds.  Such land shall be under the care and control of the department of conservation and recreation for conservation and recreation purposes. 

SECTION 4. The Massachusetts department of transportation shall assume all costs associated with engineering, surveys, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance or the commissioner of the conservation and recreation to execute the conveyances authorized by this act.