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, 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, a permanent utility and pedestrian access easement within the former abandoned Boston and Maine Railroad Corporation property, located in the town of Groton, to the Westridge Farm Association, subject to the provisions of sections two through four and to such additional terms and conditions as the deputy commissioner may prescribe, in consultation with the department of environmental management.
Said land being bounded and described as follows:
AN EASEMENT over a parcel of land situated westerly of Ole Ayer Road in the Town of Groton; County of Middlesex; Commonwealth of Massachusetts; bounded and described as follows:
BEGINNING at AT&T Pole No. 117 marking the Northeasterly line of an American Telephone and Telegraph Company buried cable easement described in a deed recorded in the Middlesex South District Registry of Deeds, Book 10335, page 267, at land of the Department of Environmental Management of the Commonwealth of Massachusetts; and being the most Southerly corner of the easement described herein;
THENCE N 63 - 46' - 33" W crossing land of said Department eighty-two and 52/100 (82.52') feet to land of S. Tracy Eliades and Grace O. Clark;
THENCE N 25 - 08' - 37" E by land of said Eliades and Clark twenty-five (25.00') feet to a point;
THENCE S 63 - 46' - 33" E crossing said Department's land eighty-two and 52/100 (82.52') feet to other land of Eliades and Clark;
THENCE S 25 - 08' - 37" W by land of said Eliades and Clark twenty-five (25.00') feet to the point of beginning;
BEING shown as a proposed twenty-five (25.00') foot wide right-of-way and utility easement on a plan entitled "Plan of Easement in Groton, Mass. prepared for S. Tracy Eliades and Grace O. Clark" by Charles A. Perkins Co., Inc., Civil Engineers and Surveyors; dated April, 1988; revised June 8, 1988; Plan No. S-5311.
SECTION 2. No deed conveying by or in behalf of the commonwealth the easement described in section one shall be valid unless such deed provides that said easement shall be used for the purpose of laying, maintaining, repairing, replacing and using underground utility lines, and for passage and access purposes, including but not limited to pedestrian and maintenance vehicular passage and access as well as emergency access.
SECTION 3. Westridge Farm Association shall assume the costs of appraisals, surveys and for other expenses as deemed necessary by the deputy commissioner for granting of this easement.
SECTION 4. The consideration for such conveyance shall be for fair market value of said parcel as determined by independent appraisals and paid either in funds, services, or a combination thereof. Said consideration to be agreed upon by the association and the deputy commissioner of capital planning and operations in consultation with the department of environmental management.