Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The deputy commissioner of capital planning and operations, acting for and on behalf of the commonwealth, is hereby authorized in accordance with the provisions of section forty E to forty J, inclusive, of chapter seven of the General Laws, in consultation with the metropolitan district commission, to convey to the city of Newton a permanent easement in certain land in the city of Newton, under the control of said commission, for the purpose of laying, maintaining, repairing, relocating and forever operating a main drain and common sewer between Chestnut street and the Charles river near Elliot street in said city, and for the purpose of constructing, maintaining and forever operating a sewer pumping station abutting Elliot street in said city. Said land is bounded and described as follows:
Beginning at an intersection point of the northerly sideline of Elliot Street, a public way, and the easterly line of the Charles River said intersection point being the southeast corner of said easement;
Thence: Northerly along the easterly side of the Charles River, a distance of twenty-two feet, more or less (22'+) to a corner;
Thence: N 83<=-54'-57" E a distance of one hundred eighty-three feet, more or less (183'+) to an angle point;
Thence: N 54<=-50'-47" E a distance of twenty-three and ninety-five hundredths feet (23.95') to an angle point;
Thence: N 08<=-03'-37" E a distance of seventy (70') to a corner;
Thence: S 81<=-56'-23" E a distance of thirty-eight and twenty-one hundredths feet (38.21') to a corner, on the boundary between the lands of the Commonwealth of Massachusetts and G. Arnold Haynes (a/k/a Arnold J. Haynes);
Thence: S 05<=-09'-48" E a distance of eighty-seven and two hundredths feet (87.02') along said boundary to a corner on the northerly sideline of Elliot Street;
Thence: Westerly along the northerly sideline of Elliot Street, several courses, a distance of two hundred seventy-four feet, more or less (274'+) to the point of the beginning.
Reference is made to a plan entitled "City of Newton, Massachusetts, Elliot Street Pumping Station, Easement for Main Drain and Common Sewer", Scale: 1" = 40'; March 1986; prepared for the City of Newton by ASEC Corporation, 383 Dorchester Avenue, Boston, Massachusetts; and signed by William J. Montuori, Professional Land Surveyor.
The aforementioned parcel is shown on said plan as parcel number 27 and contains ten thousand five hundred square feet, more or less (10,000'+ sq. ft.).
SECTION 2. The deputy commissioner of capital planning and operations, acting for and on behalf of the commonwealth, is hereby further authorized in accordance with the provisions of section forty E to forty J, inclusive, of chapter seven of the General Laws, in consultation with the metropolitan district commission, to convey to the city of Newton certain temporary easements in certain land in said city, under the control of said commission, for the period of construction of the main sewer and pumping station as described in section one. Said land is bounded and described as follows:
The parcel is shown on said plan as Parcel TC-27A, and consists of a strip of land ten feet in width and three hundred and fifteen feet in length abutting the parcels described in section one and this section, and more specifically, its southern and eastern bounds being contiguous with the second, third, fourth, and fifth bounds therein described.
The two aforementioned parcels all being a portion of the land taken by the board of metropolitan park commissioners by power of eminent domain pursuant to an order dated February 5, 1896 and recorded at the southern district registry of deeds in the county of Middlesex Book 2438, Page 503. Said parcels are currently under the jurisdiction of the parks division of the metropolitan district commission.
SECTION 2A. The city of Newton will assume the costs of any appraisals, surveys and other expenses as deemed necessary by the deputy commissioner for the granting of the easements authorized in sections one and two of this act.
SECTION 3. This act shall take effect upon its passage.