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,
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
in this act referred to as the abutters, an easement for vehicular and
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
of a survey.
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.
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
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
with section 2.
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
more of the abutters, so long as all the costs are reimbursed.
The consideration to be paid pursuant to section 4 shall
be deposited in the General Fund of the commonwealth.