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HOUSE DOCKET, NO. 94339        FILED ON: 11/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4339


The Commonwealth of Massachusetts


By Mr. Walsh of Lynn, for the committee on State Administration and Regulatory Oversight, on House, No. 3504, A Bill authorizing the Division of Capital Asset Management and Maintenance to transfer certain land in the city of Marlborough to Michael Audette (House, No. 4339).  November 16, 2009, 2009 .






Steven M. Walsh

11th Essex

The Commonwealth of Massachusetts


In the Year Two Thousand and Nine



An Act authorizing the Division of Capital Asset Management and Maintenance to transfer certain land in the city of Marlborough to Michael Audette. .


              Be it enacted by the Senate and House of Representatives in General Court assembled , and by the authority of the same, as follows:

              The commissioner of capital asset management and maintenance, notwithstanding the provisions of sections 40E through 40H, inclusive, of chapter 7 of the General Laws, is hereby authorized to convey, by deed approved as to form by the attorney general, to Michael Audette, his heirs, successors and assigns,   an easement for right of way and parking purposes on   certain   commonwealth land located in the town of Natick and now under the care and control of the Massachusetts w ater r esources a uthority for waterworks purposes, sa id land having been most recently used as part of the Cochituate a queduct, said easement being further described in a plan of land dated April 22, 2003, entitled “Existing Driveway Location Plan of Land in Natick, Mass., Scale 1”=10‘ by Joseph R. Sullivan, professional engineer, said plan to be recorded in the Middlesex county south registry of deeds prior to the recording of said deed.

SECTION 2. The purchaser of the easement conveyed pursuant to section 1 of this act shall pay the full and fair market value of said easement based upon an independent professional appraisal as determined by said commissioner . The inspector general shall review and approve the appraisal, and the review and appraisal shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of his review and approval of the appraisal, and any sale agreement, instrument of transfer and any amendments thereto,   and file his report with the commissioner, and copies of the same shall be filed with the house and senate committees on ways and means and with the chairmen of the joint committee on state administration and regulatory oversight at least 15 days prior to said execution. The parcel of land conveyed pursuant to this act was ac quired by the commonwealth for the purposes stated in article 97 of the amendments to the constitution of Massachusetts. The proceeds of the sale authorized by of this act shall be deposited in the water supply protection trust established by section 73 of chapter 10 of the General Laws, said proceeds to be used for future acquisition of water supply protection lands.

SECTION 3. The purchaser shall be responsible for all costs associated with the conveyance authorized by this act, including but not limited to any appraisal, survey, recording and legal costs, and any and all other expenses incurred by the commonwealth in   connection with said conveyance.

SECTION 4. Michael Audette and his agents, tenants or contractors shall agree to hold the ommonwealth an d its agents and employees harmless from and against all claims, actions, damages or costs claimed for injuries or damages to persons or property arising out of, or in any way relating to, the conveyance authorized by this act, and shall indemnify and defe nd the commonwealth and its agents and employees from and against any and all such claims, actions, damages or costs.

SECTION 5 .  The purchaser shall use the easement solely for right of way and parking purposes and the easement or other agreement pertaini ng to the grant of the easement shall include a provision restricting the use of the property to such purposes and providing for a reversion of the property to the commonwealth if the property ceases to be so used or is used for any other purpose.

SECTION 6 .  If the purchaser ceases to use and maintain the easement for the purposes specified in section 5 of this act or uses the easement for any other purpose, the easement shall terminate and the property shall revert to the commonwealth.

SECTION 7 . The con veyance authorized by this act shall be subject to the requirements of sections 40I and 40J of the General Laws.

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