FILED ON: 12/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2240

 

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act providing for the abandonment of a certain water line easement in Revere and Malden.

 

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, the commissioner of the Division of Capital Asset Management and Maintenance, in consultation with the executive director of the Massachusetts Water Resources Authority, may release by deed or other instrument for the benefit of Wesley Squire, LLC, owner of the premises known and numbered as 649-655 Squire Road, Revere, Massachusetts, and 1 Wesley Road, Malden, Massachusetts, its successors or assigns, a certain M.D.C. High Service Water Line Easement – 30’ wide or a portion of the said M.D.C. High Service Water Line Easement in the cities of Revere and Malden, said Easement being the subject of the Order of Taking by Commonwealth of Massachusetts Metropolitan District Commission dated April 15, 1954 and recorded with Suffolk Registry of Deeds, in Book 6954, Page 74, and a portion of which is shown on a plan entitled “Easement Plan off Wesley Street, Revere, Mass.” prepared by the BSC Group, dated December 18, 1991, said Plan being recorded in Middlesex County Registry of Deeds, Southern District as Plan No. 74 of 1992 in Book 21729, Page 467, and is no longer needed for the construction, maintenance or operation of the Massachusetts Water Resources Authority Water System.  The portion of the existing 30’ wide M.D.C. High Service Water Line Easement which may be released is shown on said Plan No.74 of 1992  recorded in Middlesex County Registry of Deeds, Southern District, in Book 21729, Page 467, and is designated as “6096 S.F. of easement to be Released” on said Plan and is more particularly described as follows:

Beginning at the north corner of the existing building and running S59º-39’-00”W a distance of 28.77’ to the Point of Beginning, thence turning and running

S30º-19’-59”E a distance of 228.78’, thence turning and running

S14º-46’-19”W a distance of 42.34’, thence turning and running

N30º-19’-59”W a distance of 258.66’, thence turning and running

N59-59’-00”E a distance of 30.00’ to Point of Beginning

Said portion consisting of 6,096± s.f., according to said Plan.

SECTION 2.  The release of the easement shall be in accordance with the terms and conditions, as the commissioner of the division of capital asset management and maintenance shall prescribe, in consultation with the Massachusetts Water Resources Authority.

SECTION 3.  No consideration for the release is to be paid. The release is being delivered in consideration of the grant of easement to Massachusetts Water Resource Authority recorded in Middlesex County Registry of Deeds, Southern District, in Book 21729, Page 468 and Suffolk Registry of Deeds, in Book 17273, Page 192.

SECTION 4.  The owner of land benefiting from the partial release of the easement shall be responsible for any costs for surveys, recording and other expenses relating to the release.