HOUSE DOCKET, NO. 1159        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3125

The Commonwealth of Massachusetts

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PRESENTED BY:

Marcus S. Vaughn

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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 release of a certain sewer easement in the town of Norfolk.

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PETITION OF:

HOUSE DOCKET, NO. 1159        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3125

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 5102 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act authorizing the release of a certain sewer easement in the town of Norfolk.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the division of capital asset management and maintenance to release a certain easement in the town of Norfolk, 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 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 correction, may release by deed or other instrument for the benefit of:

(1) Thirty Eight Main Street Realty Trust, owner of the premises located at 38 Main street in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on said real property owned by said trust;

(2)  RASCO Realty Trust, owner of the premises located at 48 Seekonk street in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on said real property owned by said trust;

(3) Everett Benton and Linda Benton, owners of the premises located at 19 King Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;

(4) K&M Property Management LLC, owner of the premises located at 17 King Philip trail in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on said real property owned by said K&M Property Management LLC;

(5) John Knox and Linda Knox, owners of the premises located at 15 King Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;

(6) Louise D. Rachin Revocable Trust, owner of the premises located at 11 King Philip trail in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on said real property owned by said trust;

(7) James Ricciardi and Mary Ricciardi, owners of the premises located at 9 King Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;

(8) Richard Schmidt and Susan Schmidt, owners of the premises located at 7 ½ King Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;

(9) Ellen Cargill, owner of the premises located at 7 King Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said person;

(10) Paul Roach and Kevin Roach, owners of a premises located on Campbell street in the town of Norfolk, more particularly described in a deed recorded with the Norfolk county registry of deeds in book 17892, page 392, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;

(11) Bonnie G.C. McLaughlin and Robin Haeuser, owners of the premises located at 23 Campbell street in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;

(12) Matthew Awad, owner of the premises located at 31 Campbell street in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said person;

(13) The town of Norfolk, owner of the premises located at 22 Campbell street and on King Philip trail in said town of Norfolk, more particularly described in a deed recorded with the Norfolk county registry of deeds in book 30128, page 584 and book 25488, page 308, the portion of a sewer easement located on said real property owned by said town; and

(14) NextGrid Patriots LLC, owner of the premises located on Lincoln road in the town of Norfolk, more particularly described in a deed recorded with the Norfolk county registry of deeds in book 37855, page 256, its successors or assigns, the portion of a sewer easement located on said real property owned by said NextGrid Patriots LLC.

The easement was taken by the department of correction for sewage disposal purposes in an order of taking dated October 29, 1930, recorded with the Norfolk county registry of deeds in book 1912, page 63. The easement is shown on a plan titled, “Commonwealth of Massachusetts, Department of Correction, State Prison Colony, Norfolk, Mass., Sewer Right of Way” prepared by Bayard F. Snow, dated October 29, 1930, which is on file with the Norfolk registry of deeds in plan book 112, pages 813 and 814. The exact boundaries of the easement to be released to each owner named in this section shall be determined by the division of capital asset management and maintenance, in consultation with the department of correction, based upon a survey.

SECTION 2.  The release of the portion of the easement described in section 1 shall be in accordance with such terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of correction, shall prescribe.

SECTION 3.  The consideration for the release of the easement pursuant to this act shall be the full and fair market value as determined by the commissioner of capital asset management and maintenance based on an independent professional appraisal. The commissioner shall submit the appraisal to the inspector general for review and comment. The inspector general shall review such appraisal, including, but not limited to, an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of such review and file the report with the commissioner. The commissioner shall submit copies of the appraisal and the inspector general’s report and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight prior to the execution of documents affecting the release of the easement authorized by this act.

SECTION 4.  The owners of the land named in section 1 shall benefit from the release of the easement pursuant to this act and shall be responsible for any costs for surveys, appraisals, recording fees and other expenses relating to the release of the easement.