AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF TEWKSBURY.
Whereas , The deferred operation of this act would tend to defeat its purpose, which is to convey forthwith certain land in the town of Tewksbury for sewer purposes, 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, as follows:
SECTION 1. The commissioner of the division of capital asset management and maintenance may, notwithstanding the provisions of sections 40E to 40I, inclusive, of chapter 7 of the General Laws, convey a certain sewer easement and construction easement in land of the commonwealth acquired for hospital purposes located in the town of Tewksbury to the Maple Estates Trust. The easements are shown on a plan of land entitled "Plan of easements in Tewksbury, Mass. for Sewer Main Construction and Maintenance", dated May 17, 1993, drawn by William G. Troy and Associates, which is on file in the office of the board of selectmen of said town.
SECTION 2. The consideration paid by the Maple Estates Trust for the easements shall be the full and fair market value of the property determined by the commissioner of the division of capital asset management and maintenance based upon the independent appraisal, for the use as described herein. The inspector general shall review and approve the appraisal and the review shall include a review of methodology utilized for the appraisal. Said inspector general shall prepare a report of his review and file the report with said commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration in accordance with section 5.
SECTION 3. The Maple Estates Trust shall be responsible for any costs for appraisals, surveys and other expenses relating to the transfer of the easements, or for any costs and liabilities and expenses of any nature and kind for their maintenance or operation. In the event the easements cease to be used at any time for the purposes contained herein, the easements shall terminate and all interests therein shall automatically terminate and revert to the care and control of the division of capital asset management and maintenance upon the execution and recording with the Middlesex registry of deeds by the commonwealth of a written notice of such termination and reversion.
SECTION 4. The sale price paid as consideration pursuant to section 2 shall be deposited in the General Fund.
SECTION 5. The commissioner of the division of capital asset management and maintenance shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. Said inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. Said commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of said inspector general, if any, 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.