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  • Acts
  • 2002
  • Chapter 255 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY EASEMENTS AND LAND ORIGINALLY ACQUIRED FOR WATER QUALITY PROTECTION FOR THE SUDBURY RESERVOIR IN THE CITY OF MARLBOROUGH.

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, in consultation with the metropolitan district commission, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey for the purpose of constructing and operating a sewage pumping station and appurtenances by deed a certain parcel of land located in the city of Marlborough, as shown as Parcel No. SS-3-C on a plan of land entitled "Easement Plan of Land in Marlborough, Massachusetts" prepared by Vanasse Hangen Brustlin, Inc., dated November 29, 2000, containing approximately 6278 square feet to the city of Marlborough subject to such terms and conditions as the commissioner may prescribe. The parcels described in this section and sections 2 to 4 inclusive are currently used for conservation purposes.

Section 2. The commissioner of capital asset management and maintenance, in consultation with the metropolitan district commission, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey for the purpose of constructing and operating a sewage pumping station and appurtenances by deed a certain parcel of land located in the city of Marlborough, as shown as Parcel No. SS-5-C on a plan of land entitled "Easement Plan of Land in Marlborough, Massachusetts" prepared by Vanasse Hangen Brustlin, Inc., dated November 29, 2000, containing approximately 1650 square feet to the city of Marlborough subject to such terms and conditions as the commissioner may prescribe.

Section 3. The commissioner of capital asset management and maintenance, in consultation with the metropolitan district commission, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey for the purpose of roadway realignment by deed a certain parcel of land located in the city of Marlborough, as shown as Parcel No. E-1-C on a plan of land entitled "Easement Plan of Land in Marlborough, Massachusetts" prepared by Vanasse Hangen Brustlin, Inc., dated November 29, 2000, containing approximately 2779 square feet to the city of Marlborough subject to such terms and conditions as the commissioner may prescribe.

Section 4. The commissioner of capital asset management and maintenance, in consultation with the metropolitan district commission, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey for the purpose of the construction and maintenance of water quality improvements by deed easements as shown as Parcels Nos. D-1-C, D-2-C, D-3-C, D-4-C, D-5-C and D-9-C on a plan of land entitled "Easement Plan of Land in Marlborough, Massachusetts" prepared by Vanasse Hangen Brustlin, Inc., dated November 29, 2000, containing in total approximately 21,347 square feet to the city of Marlborough subject to such terms and conditions as the commissioner may prescribe.

SECTION 5. The transfers pursuant to section 1 to 4, inclusive, shall be made only if the city of Marlborough acting by and through its city council and mayor, shall convey to the commonwealth for use by the metropolitan district commission or place under conservation restriction a certain parcel of land located in said city and within the watershed of the Sudbury Reservoir. Said parcel shall contain an area greater than or equal to the total area of that land conveyed to the city under sections 1, 2, and 3 and subject to such terms and conditions as the city through its mayor and city council may prescribe.

SECTION 6. The city of Marlborough shall be responsible for any costs for appraisals, surveys and other expenses relating to the transfer of the property, or for any costs and liabilities of any nature and kind for its development, maintenance or operation. In the event any or all of said parcels of land cease to be used at any time for the purposes contained herein, said parcel of land shall be subject to the provisions of chapter 7 of the General Laws, and any further disposition shall require the approval of the general court.

SECTION 7. The commissioner 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 chairman on the joint committee on state administration at least 15 days prior to execution.

Approved August 10, 2002.