Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately authorize the division of capital planning and operations to grant certain easements, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The division of capital planning and operations, acting for and on behalf of the commonwealth and in consultation with the department of environmental management, is hereby authorized and directed, notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to grant by deed approved as to form by the attorney general, to Freudenberg Nonwovens Limited Partnership, its successors and assigns and all others lawfully entitled, certain permanent easements along certain canal walls in the city of Lowell, which were acquired for park purposes. Said easements shall be non-exclusive and shall not be inconsistent with the commonwealth's use and operation of the canal system as a state park. The easements to be granted shall be for the purpose of installing a steam and condensate return pipe line along the walls of the Merrimack and Pawtucket canals. Such easements are bounded and described as follows:
Beginning at a point on the existing Lowell Cogeneration steam feed line to Joan Fabrics, Located thirty feet (30') more or less, westerly from the southwesterly corner of Joan Fabrics' building, thence running along the face of the Pawtucket Canal wall as follows:
Beginning at the steam meter connection on the Lowell Cogeneration steam line to Joan Fabrics, along the south face of the building situated on top of the north wall of the Pawtucket Canal, at a R=556', a distance of nine hundred and fifty-three feet (953') more or less, to the abutment of the MBTA railroad bridge (former B & M railroad bridge).
Southeasterly, suspended on the MBTA railroad bridge, across the Pawtucket Canal, R=1000.73', a distance of one hundred and ten feet (110') more or less, to the south face of the Pawtucket Canal wall.
Reference: Plan of Steam Line Feed, Robert M. Gill, Associates, Inc., dated July 25, 1991.
Beginning at D.H. (SET) at MBTA railroad bridge granite pier, N 57-32'-42" E Pawtucket Canal south wall, running thirty-eight and nine tenths feet (38.90') more or less, to D.H. (SET) at the east/northeasterly point of MBTA railroad bridge granite pier.
N 50-48'-09" E at a point beginning at the east/northeasterly point of MBTA railroad bridge granite pier, two hundred twenty-four and thirty-five hundredths feet (224.35') more or less, N 45-27'-18" E to Sbdh(FD) at S 30-15'-09" E. (1957 State Highway Layout - Thorndike Street, SH.H.L.O. No. 4596).
Beginning at a point at N 48-27'-19" E, State Highway Bridge concrete pier on the south wall of the Pawtucket Canal, crossing under State Highway Bridge, ninety-five feet (95') more or less, to the north side of Pawtucket Canal at bridge concrete pier, thence continuing easterly, eighty feet (80') more or less, on bridge concrete pier to termination point of pier at the juncture of the Pawtucket and Western Canals.
Reference: LOWELL HERITAGE STATE PARK - LOWELL CANAL SYSTEM
Atlantic Engineering and Survey Consultants
dated July 1, 1983 - Sheet 10 of 38
Beginning at the juncture of the Pawtucket and the Western Canal end of the Lowell Sampson Connector State Highway bridge concrete pier, northerly R=345.00', sixty feet (60') more or less, to easterly side of the Western Canal granite wall, thence southeasterly twenty-five feet (25') more or less, along said canal wall.
West/Northwesterly six feet (6') more or less, from the juncture of the Western and Merrimack N 33-12'-30" E six hundred and seventy-one feet (671') more or less, from east wall of the Western Canal, Underground within the line of easement and the north wall of the Merrimack Canal to the Saco Mill Bridge, thence southeasterly under the Saco Mill Bridge sixty feet (60') more or less, to D.E.M. property line at N 43-41'-11" E (Water line edge of the south wall of the Merrimack Canal).
Reference: LOWELL - 1985 CITY LAYOUT - Sheet No. 5 of 9 - dated 10/3/85
Layout No. 6612 - Federal Aid Project No. M-000S(066)
N 43-41'-11" E Southeastern S 46-18'-49" E twenty and three hundredths feet (20.03) more or less across D.E.M. property.
Reference: Lowell Heritage state park - Lowell Canal System
Atlantic Engineering and survey consultants
Dated July 13, 1983 - Sheet 13 of 38.
N 43-41'-11" E from the southeasterly line of D.E.M. property, southeasterly across LOT -A1" (property owned by Canal Place Trust 11), terminating on Freudenberg Nonwoven's L.P. property.
Reference: SUBDIVISION PLAN OF LAND -LOWELL, MASS.
Harry R. Feldman, Inc., Land Surveyors
Dated May 25, 1982.
The division of capital planning and operations intends to convey only such easement rights as they may have acquired by virtue of an Order of Taking dated December 1, 1986 and recorded in the northern district registry of deeds in Middlesex county in Book 3830, Page 70.
In the event that all or a portion of the description of any of the parcels set forth within this chapter contradicts or is inconsistent with the description of such parcels as shown upon said plans of record, then said plans of record and any subsequent plans of record shall control as to the accuracy and correctness of such description.
SECTION 2. Said easements shall be subject to such conditions and restrictions as may be deemed necessary or appropriate by the commissioner of the division of capital planning and operations, in consultation with the department of environmental management and shall provide for compensation from Freudenberg Manufacturing Limited Partnership, to be agreed upon prior to said conveyance.
SECTION 3. In the event that the easements as described above cease to be used for the purposes for which they are conveyed, said easements shall revert to the commonwealth upon such terms and conditions as determined by the commissioner of capital planning and operations, in consultation with the department of environmental management.
SECTION 4. Notwithstanding the foregoing provisions it is recognized that state law prohibits the investment of state pension funds in companies doing business in South Africa. It is also the policy of the commonwealth that no state agency shall procure goods or services originating in South Africa or from companies doing business in said country, unless the state purchasing agent or other authorized state agents consider such procurement essential to the needs of the commonwealth. It shall be the policy of the commonwealth that a commissioner or head of a state department may not grant to any person doing business in or with the Republic of South Africa the right to lay, construct, maintain or operate pipe lines through, over, across or under land, water, park, reservation or highway of the commonwealth, its agencies or its political subdivisions.
The aforesaid state law and policy relating to South Africa shall not apply, however, to laws authorizing the granting of easements for the installation by Freudenberg Nonwovens Manufacturing Limited of steam and condensation return pipe lines across lands of the commonwealth, its agencies or its political subdivisions.