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  • Acts
  • 2002
  • Chapter 262 AN ACT RELATIVE TO THE DISPOSITION OF CERTAIN STATE OWNED PROPERTY IN THE CITY OF SOMERVILLE.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for the disposition of certain state owned property in the city of Somerville, 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 capital asset management and maintenance, in consultation with the metropolitan district commission, shall grant easements over certain parcels of land adjacent to the McGrath Highway, notwithstanding any general or special law to the contrary but subject to the provisions of this act and of section 40J of chapter 7 of the General Laws, to the Cambridge Charter Realty 1, LLC, for the purposes identified in this act.

The commissioner of said division, in consultation with said commission, may execute and deliver in the name of and on behalf of the commonwealth 1 or more instruments to transfer to the Cambridge Charter Realty 1, LLC, for the considerations described in sections 2, 3, 4 and 5, the following: (1) a fee interest in a certain parcel of land in the city of Somerville, said parcel shown as "Parcel 3" on a plan entitled "Easements Plan," dated January 12, 2001, last modified October 26, 2001, prepared by Daylor Consulting Group, Inc. and not to exceed 3,644 square feet, under the jurisdiction and control of said commission; (2) an easement over a certain parcel of land in the city of Somerville shown as "Easement E1" on said 2001 plan.

The commissioner of said division may also release and terminate the easements granted to the commonwealth over certain parcels of land in the city of Somerville in a certain deed dated February 4, 1982, and recorded with the Middlesex county registry of deeds in Book 14630, Page 437, the easements to be released being referred to in said 1982 deed as "Parcel 4" and "Parcel 6". Said parcels being shown on a plan dated January 4, 1982 and recorded with the Middlesex county registry of deeds as Plan No. 528 of 1982.

SECTION 2. The conveyance of real property and the grant of easements authorized by this act shall be made only after Cambridge Charter Realty 1, LLC, in addition to the consideration set forth in section 5 hereof, shall complete certain mitigation measures proposed by the metropolitan district commission, and approved by the commissioner of the division of capital asset management and maintenance including:-

(1) the granting of easements over certain parcels of land located in the city of Somerville to the commonwealth for use by the commission, the parcels being shown as "Easement E4", "Easement E5" and "Easement E6" on said 2001 plan;

(2) the release of the easements over certain parcels of land shown as "Parcel 2" and "Parcel 3" on said 1982 plan, granted by the commission in that certain Easement dated February 4, 1982, and recorded with the Middlesex county registry of deeds in Book 14630, Page 439;

(3) the addition of landscaping in the existing median in the center of McGrath Highway, subject to the prior approval of the commission;

(4) the repair and replacement of the grates on certain existing catch basins on a portion of the eastbound side of McGrath Highway as designated by the commission.

SECTION 3. The easement granted by the division, in consultation with the commission, in section 1 shall include the following:-

(1) temporary easement for all activities and purposes necessary for the construction of structures on the adjacent property;

(2) a permanent easement to locate loading docks and other structures appurtenant to the structures located on the adjacent property and to cross and re-cross the easement area to access, maintain, repair, alter or re-construct the loading docks and other structures located thereon and on the adjacent property;

(3) a permanent, nonexclusive easement for reasonable access, ingress and egress over all paved driveways, roadways and walkways from time to time existing and constituting a part of the easement area so as to provide for the passage of motor vehicles and pedestrians between the easement area and the adjacent property from time to time.

(4) a permanent, nonexclusive easement for the parking of vehicles, including trailers, in the parking and loading areas located on easement area, as the same may be modified or removed from time to time by the grantee of the easement; and

(5) a permanent, nonexclusive easement under and across the easement area for the installation, maintenance, repair and replacement of water mains, storm drains, sewers, water sprinkler system lines, telephones or electrical conduits or systems, cable, gas mains and other utilities facilities and paved surfaces necessary for the orderly development and operation of the adjacent property.

SECTION 4. The metropolitan district commission, with the approval of the commissioner of capital asset management and maintenance, may accept the grant of a fee interest in Parcels 2A and 5 as shown on said 1982 plan, which parcels were conveyed to said commission in said 1982 deed. The commission also may, with the approval of said commissioner accept the grant of an easement in Parcel 1, as shown on said 1982 plan, which easement was granted to said commission in said 1982 deed, and which is also shown on said 2001 plan as "Easement E2."

SECTION 5. The consideration to be paid to the commonwealth by the Cambridge Charter Realty 1, LLC for the conveyance of the state owned real property, grant of easements or release of easements thereon to said Cambridge Charter Realty 1, LLC, as authorized by this act, shall be the full and fair market value of the state owned real property and easements minus the full and fair market value of the real property and easements owned and conveyed by said Cambridge Charter Realty 1, LLC to the commonwealth, as determined by an independent appraisal of each property as commissioned by the commissioner of the division of capital asset management and maintenance, plus the cost of the mitigation measures as proposed by the metropolitan district commission which said Cambridge Charter Realty 1, LLC shall expend and be responsible to provide.

Should the full and fair market value of the real property and easements or release of easements owned by the commonwealth be determined to be greater than the full and fair market value of the real property and easements owned by said Cambridge Charter Realty 1, LLC plus the cost of said mitigation measures to be paid by said Cambridge Charter Realty 1, LLC, then said Cambridge Charter Realty 1, LLC shall pay the commonwealth the difference thereof. All money paid to the commonwealth as a result of said difference, if any, shall be deposited in the General Fund.

The Cambridge Charter Realty 1, LLC shall be responsible for all costs associated with any appraisal, survey, or other expense incurred by the commonwealth relating to the conveyances authorized by this act, and for any costs, liabilities, or expenses of any kind for the development, improvement, maintenance, or operation of said parcel as may be determined by the commissioner of the division of capital asset management and maintenance.

The inspector general shall review and approve said appraisal or appraisals, and said review and appraisal shall include an examination of the methodology utilized for said appraisal or appraisals. The inspector general shall prepare a report of his review and file the report with the commissioner of said division 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 this act.

The deed for the conveyances and grant of easements, when executed by the division, shall be deemed conclusively authorized by this act, if all provisions therein are consistent with the provisions of this act. No deed or grant of easement other than those provided for by this act may be made without the prior approval of the general court.

SECTION 6. In the event that the parcel described in section 1 ceases to be used for the purpose as described herein at any time, and such cessation continues for a period of more than 24 consecutive months, then said easement shall terminate upon the giving of written notice of such termination by the commissioner of the division of capital asset management and maintenance and shall revert to the commonwealth and any further disposition of said parcel shall be subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, and shall have the prior approval of the general court.

Approved August 10, 2002.