Print Print
  • Acts
  • 2002
  • Chapter 271 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY PERMANENT EASEMENTS ON STATE PROPERTY IN THE TOWN OF NORTH ANDOVER.

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 sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey to Lucent Technologies Inc., the permanent and temporary easements to property owned by the commonwealth, acquired and currently used for sewer purposes as more particularly described in this act. Said easements shall be used for the purposes of sewer force mains, and shall be subject to such additional terms and consistent with this act as the commissioner may prescribe.

The purchase price to be paid by Lucent Technologies Inc., shall be the full and fair market value of the easements based upon 1 or more professional appraisals commissioned by said division. 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. Said commissioner shall, 30 days prior to the conveyance authorized by this act or any subsequent amendment thereof, submit a report to said inspector general. Said inspector general shall prepare a report of his review and approval of said appraisal or appraisals, and file said report with said commissioner, and copies of the same shall be filed with the house and senate committees on ways and means and with the chairmen of the joint committee on state administration at least 15 days prior to said execution. The purchase price paid by Lucent Technologies Inc., shall be deposited in the General Fund of the commonwealth.

The property upon which the commissioner is authorized to convey such permanent and temporary easements is referred to and recorded in the Essex north registry of deeds in Book 2018, Pages 176 to 186, and more fully described in sections 3 and 4.

SECTION 2. Lucent Technologies Inc., shall be responsible for all costs associated with any appraisal, survey, or other expense incurred by the commonwealth relating to the easements authorized by section 1 of this act, and for any costs, liabilities, or expenses of any kind for the development, improvement, maintenance or operation of said parcels as may be determined by said commissioner.

SECTION 3. Certain 20' wide sewer easements located in the Town of North Andover, County of Essex, Massachusetts situated Westerly at the end of Holt Road and being shown as 20' Wide Sewer Easements "A-1", "A-2", and "A-3" on a plan entitled "SEWER EASEMENT PLAN, LUCENT TECHNOLOGIES INC., MERRIMACK VALLEY WORKS, NORTH ANDOVER, MASSACHUSETTS, PREPARED FOR CAMP, DRESSER, & MCKEE, INC.," prepared by Chas. H. Sells, Inc., dated June 2, 2000, revised 8/01/00. Said plan to be recorded in the Essex north registry of deeds.

The 20' wide sewer easement "A-1" being located on the land now or formerly of the City of Lawrence Airport Commission Assessor Map 77, Lots 5 and 7 as shown on said plan and containing 24,106 square feet or 0.553 acres, more or less.

The 20' wide sewer easement "A-2" being located on the land now or formerly of the City of Lawrence Airport Commission Assessor Map 75, Lot 1 as shown on said plan and containing 7,718 square feet or 0.177 acres, more or less.

The 20' wide sewer easement "A-3" being located on the land now or formerly of the City of Lawrence Airport Commission Assessor Map 75, Lot 1 as shown on said plan and containing 2,447 square feet or 0.056 acres, more or less.

SECTION 4. Certain 20' wide sewer easements located in the Town of North Andover, County of Essex, Massachusetts situated Westerly at the end of Holt Road and being shown as Sewer Easements "B" on a plan entitled "SEWER EASEMENT PLAN, LUCENT TECHNOLOGIES INC., MERRIMACK VALLEY WORKS, NORTH ANDOVER, MASSACHUSETTS, PREPARED FOR CAMP, DRESSER, & MCKEE, INC.," prepared by Chas. H. Sells, Inc., dated June 2, 2000, revised 8/01/00. Said plan to be recorded in the Essex north registry of deeds.

The 20' wide sewer easement "B" being located on the land now or formerly of the Town of North Andover Assessor Map 77, Lot 9 as shown on said plan and containing 21,880 square feet or 0.502 acres, more or less.

Approved August 10, 2002.