AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO GRANT EASEMENTS OVER CERTAIN PARCELS OF LAND LOCATED IN THE CITY OF LOWELL.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Notwithstanding the provisions of sections forty E to
forty J, inclusive of chapter seven of the General Laws or any other general
or special law to the contrary, the commissioner of the division of capital
planning and operations is hereby authorized and directed to grant easements
and air rights, by deed or deeds approved as to form by the attorney general,
without consideration, over certain parcels, including park and environmental
land located in the city of Lowell to the United States of America for canalway
and trolley system development and related activities pursuant to the Lowell
National Historical Park Act, consistent with the Preservation Plan, developed
pursuant to said act, subject to the requirements of sections two to four,
inclusive, and such additional terms and conditions as said commissioner may
prescribe in consultation with the department of environmental management.
Said parcels are described in the following instruments: Order of Taking dated
December 1, 1986 and recorded in the Middlesex north district registry of
in Book 3830, on Page 70; deed from Frank and Claire Barrett dated May 27,
1977 and recorded in said registry in Book 2251, Page 235; and deed from Paul
and Lorraine Desmarais dated October 7, 1977 and recorded in said registry in
Book 2279 on Page 435. Said commissioner may grant a right of reasonable
access by foot and vehicle over adjacent lands to facilitate the installation
and maintenance of improvements related to said easements.
SECTION 2. Said easements shall not be inconsistent with the
commonwealth's use and operation of the canal system as a state park. Any
improvements made on the above described parcels shall not interfere with the
use, maintenance or operation by Boott Hydropower, Inc., their successors and
assigns, for hydroelectric power production.
SECTION 3. In the event that one or more of the parcels conveyed
pursuant to this act is not developed for or ceases to be used for the purposes
for which it was intended, which is solely for public park purposes, all
interests conveyed in such parcel or parcels shall revert to the commonwealth.
SECTION 4. The department of environmental management shall not
assume any costs for appraisals, surveys, and other expenses deemed necessary
by the commissioner of capital planning and operations for the disposition of
this property, or for its development or maintenance.
SECTION 5. This act shall take effect upon its passage.