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 the division of capital planning and operations is hereby authorized and directed, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed, approved as to form by the attorney general, two permanent easements over certain land located in the town of Framingham to Ledgemere Land Corporation, subject to the requirements of sections two, three, four and five and to such additional terms and conditions as the deputy commissioner may prescribe, in consultation with the metropolitan district commission and the Massachusetts Water Resources Authority, said land being shown individually as: "50' wide drive & utility easement'." on a plan entitled "Easement Plan of Land in Framingham, Mass. property of: Metropolitan District Comm., the Commonwealth of Mass Scale 40 feet to an inch, Date: March 11, 1987, Petitioner: Ledgemere Land Corp.", and "Parcel 'A' - 5,022 SF, road & utility easement" on a plan entitled "Easement Plan of Land in Framingham, Mass., Property of: Metropolitan District Comm., the Commonwealth of Mass., scale: 40 feet to an inch, Date: March 3, 1987. Petitioner: Ledgemere Land Corp." Both said plans are on file with the metropolitan district commission and the Massachusetts Water Resources Authority.
SECTION 2. No deed conveying by or on behalf of the commonwealth, the easements described in section one, shall be valid unless Ledgemere Land Corporation grants to the commonwealth through its division of capital planning and operations, subject to and with the prior written approval of the planning board of the town of Framingham as to location, a copy of which written approval shall be submitted to the joint committee on state administration to be kept on file, an easement to pass and repass for all uses commonly associated with walkways in the commonwealth for the purpose of providing pedestrian access from the end of DiTullio Drive to land owned by the commonwealth, all as shown on Plan hereinafter described, and to construct and maintain said walkway across those portions of land described as "Ten foot wide Pedestrian Easement," running along the westerly side of Baiting Brook for a width of TEN (10) feet on Lot 31 and along the real lot line of Lot 30 for a width of TEN (10) feet all as shown on the plan entitled "Definitive Subdivision Plan of Land of Belport Farms in Framingham, Massachusetts Scale" 1" = 40' Dated: February 26, 1985, the Fafard Companies, 290 Eliot Street, Ashland, Massachusetts, Petitioner and Owner Ledgemere Land Corporation, 290 Eliot Street, Ashland, Massachusetts," and recorded July ninth, nineteen hundred and eighty-six at the Middlesex south registry of deeds as Plan 903 of 1986.
SECTION 3. No deed conveying by or on behalf of the commonwealth, the easement described in section one, shall be valid unless such deed provides that said easement shall be used for access and utilities purposes.
SECTION 4. In the event that any of the easements described in section one is not used for the purposes described in section three, or if the aforementioned purposes cease at any time, said easements shall revert to the commonwealth under such terms and conditions as the deputy commissioner may prescribe in said deed, and the easement described in section two shall revert to Ledgemere Land Corporation or to its successors in interest under such terms and conditions as the deputy commissioner may prescribe in that deed.
SECTION 5. Ledgemere Land Corporation shall assume the costs of appraisals, surveys, and other expenses as deemed necessary by the deputy commissioner for the conveyance of the easements described in sections one and two. `tuc `t+6 ENDORSEMENTS FOLLOW ON PAGE 3 `t+99