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  • Acts
  • 1999
  • Chapter 131 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT AN EASEMENT IN A CERTAIN PARCEL OF LAND IN THE CITY OF BOSTON.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. The commissioner of capital asset management and maintenance is hereby authorized and directed, notwithstanding the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, grant to those abutters of Carver street and Townsend Place referencedin the department of public works Order of Taking recorded with Suffolk district registry of deeds in Book 14067, Page 29, their successors and assigns in this act referred to as the abutters, an easement for vehicular and pedestrian access, for all purposes for which public and private streets and ways are used in the city of Boston, in, over and through but not under: (i) the certain parcel of land within the city of Boston identified as "Proposed MTHB Service Court"; and (ii) the land owned by the commonwealth formerly part of Carver street, together, the easement area, all as shown on a plan entitled "The Commonwealth of Massachusetts, Plan of Land in the City of Boston, Suffolk County, showing location of the Department of Transportation Building Site, October 26, 1983, scale: 40 feet to the inch", said plan being recorded with Suffolk district registry of deeds in Book 10640, page 159. The exact boundaries of the easement shall be determined by the commissioner after completion of a survey.

SECTION 2. The commissioner of capital asset management and maintenance shall include in the instruments or agreements granting the easement authorized by this act reasonable provisions regarding coordination and cooperation between the abutters and the division and its master tenant with respect to operations within the easement area and such other provision as may be reasonably necessary to protect the condition, operation, function of the state transportation building and other property of the commonwealth. Said commissioner shall submit the instrument and any subsequent amendments thereof to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days prior to execution.

SECTION 3. The consideration to be paid by the abutters for the easement shall be the full market value thereof as determined by the commissioner based upon independent appraisals, less the cost of improvements that the abutters agree to pay for that are deemed necessary by the commissioner to mitigate the impact of the easement on the state transportation building, but not less the cost of improvements made to create or improve vehicular or pedestrian access in the easement area. The consideration may be paid by any one or more of the abutters, so long as the commonwealth receives the entire consideration so determined. The inspector general shall review and approve the appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner of capital asset management and maintenance for submission to the house and senate committees on ways and means and the chairmen of the joint committee on state administration in accordance with section 2.

SECTION 4. The abutters shall be responsible for any costs incurred by the commonwealth for appraisals, surveys and other expenses relating to the grant of the easement authorized in this act. The costs may be paid by any one or more of the abutters, so long as all the costs are reimbursed.

SECTION 5. The consideration to be paid pursuant to section 4 shall be deposited in the General Fund of the commonwealth.

Approved November 17, 1999.