AN ACT RELATIVE TO THE GRANT OF EASEMENTS BY THE CITY OF NEWTON TO THE MASSACHUSETTS WATER RESOURCES AUTHORITY.
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. Notwithstanding any general or special law to the contrary, the mayor and the board of aldermen of the city of Newton, acting for and on behalf of the city of Newton, shall grant to the Massachusetts Water Resources Authority, for nominal consideration of $1 permanent rights and easements in 3 parcels of land situated in and owned by the city of Newton for the purpose of the development, construction and maintenance of water mains and their appurtenant facilities for the improvement of the metropolitan area water delivery system. The easement parcels are shown as parcels numbered 2P, 4P and 7P on a plan of land entitled "Massachusetts Water Resources Authority, Weston Aqueduct Supply Main 1, 2 & 4, Permanent Easement Plan," dated September 23, 1999, prepared by Judith Nitsch Engineering, Inc. for Camp Dresser & McKee Inc. The plan is on file at the offices of the Massachusetts Water Resources Authority and shall be recorded with the Middlesex south district registry of deeds together with the grant described herein. Easement parcels 2P and 4P are located on land designated and used for park purposes and known as Bullough's Pond Park. Said parcel 7P is located on land designated and used for park purposes and known as Edmands Park. The rights and easements shall be granted without interference with or prejudice to the rights of the city of Newton to maintain and use the easement areas, except so far as the same may be inconsistent with the exercise of the rights and easements hereby granted, and there shall be reserved to the city of Newton all its rights in and to the use of the easement areas for all lawful purposes not inconsistent with the use thereof as a location for water mains and their appurtenant facilities or with the construction, inspection, repair, renewal, replacement, operation and maintenance of the aforesaid water mains and appurtenances thereto. The Massachusetts Water Resources Authority shall, at a minimum, restore each parcel to the same condition it was in before any entry, work or construction thereon by the authority.
SECTION 2. The more precise configuration of the parcels described in section 1 shall be shown on the plan of land referenced in said section 1, as such plan is further revised, if necessary, and recorded with the Middlesex county south district registry of deeds. In the event that the property so described in said section 1 contradicts or is inconsistent with such parcels as shown upon said plan of record, then said plan of record and any subsequent plans of record shall control as to the accuracy and correctness of such description.
SECTION 3. All rights, title and interest in the parcels described in section 1 shall revert to the city of Newton in the event the Massachusetts Water Resources Authority no longer needs such land for the purposes described in said section 1.
SECTION 4. All costs associated with the transfer and use of the parcels described in section 1 shall be borne by the Massachusetts Water Resources Authority.
SECTION 4A. Pursuant to subsection (d) of section 9 of chapter 372 of the acts of 1984, the Massachusetts Water Resources Authority, notwithstanding any other general or special law, ordinance or regulation to the contrary, may convey to Jay Cashman, Inc., a Massachusetts corporation, a certain parcel of land owned by the authority in the city of Quincy, consisting of approximately 12 acres. The parcel of land, generally located on South street, is part of a larger parcel commonly known as the Fore River Shipyard, and is more particularly described in a plan titled "Subdivision Plan of Land, Lot 7, Fore River Shipyard, Quincy, MA", dated January 9, 2002, by BSC Group, signed by James Peterson, Registered PLS. The consideration for the conveyance shall be $2,211,000.
SECTION 5. This act shall take effect upon its passage.