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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY AN EASEMENT IN CERTAIN PARK LAND IN THE CITY OF CHELSEA.

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 division of capital asset management and maintenance may, in consultation with the metropolitan district commission, subject to section 40J of chapter 7 of the General Laws, convey to the city of Chelsea for drainage and maintenance purposes, a permanent subsurface drainage easement and a permanent maintenance easement on, over and under a certain parcel of park land under the care and control of the metropolitan district commission in the city of Chelsea, in consideration of and subject to the requirements of sections 2 to 4, inclusive and subject to such terms and conditions as the commission may prescribe. The parcel of land is shown on a plan of land entitled "Easement Plan * Chelsea High School * 299 Everett Avenue, Chelsea, MA (Suffolk County)," prepared for the City of Chelsea by Judith Nitsch Engineering, Inc., and dated February 28, 2001.

SECTION 2. The consideration for the disposition of the easement interests in the parcel as described in section 1, shall be the full and fair market value of the property determined by independent appraisal, for its use as described and restricted herein. The inspector general shall review and approve said appraisal of such properties and property interests, and said review shall include an examination of the methodology utilized for said appraisal. Said inspector general shall prepare a report of his review and file said report with the commission and with the house and senate committees on ways and means and the chairmen of the joint committee on state administration within 30 days of receipt of said appraisal.

SECTION 3. No deed or instrument conveying by or on behalf of the commonwealth the property described in section 1 shall be valid unless such deed or instrument provides that no buildings may be constructed on said property. The city of Chelsea shall pay all expenses associated with and any cost of appraisals, surveys and other expenses relating to the transfer of easement interests in the land, and any costs and expenses of any nature and kind relating to its ownership, maintenance and operation of such interests.

SECTION 4. The sales price paid pursuant to section 2 shall be deposited in the general fund of the commonwealth.

SECTION 5. This act shall take effect upon its passage.

Approved August 10, 2002.