AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO MODIFY, EXTINGUISH AND RELOCATE A CERTAIN EASEMENT IN THE CITY OF LAWRENCE.
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 commissioner of conservation and recreation may, notwithstanding sections 40F to 40I, inclusive, of chapter 7 of the General Laws, modify, extinguish and relocate a certain easement previously granted to the city of Lawrence. The easement is currently under the control of and used by the department of conservation and recreation for conservation and recreational purposes for the specific use of a certain swimming pool facility in the city of Lawrence, Essex County. The easement is to be granted to the city of Lawrence, its successors and assigns, in order to relocate a certain main sanitary sewer line currently operated by the town of Andover on land owned by the city of Lawrence, and allow the city of Lawrence to relocate the main sewer line to commence construction of new Lawrence High School, subject to sections 2, 3 and 4, and to such additional terms and conditions consistent with this act as the commissioner may prescribe in consultation with the department of conservation and recreation. The easement area contains 15 square feet of land and is a portion of that parcel of land described in an instrument recorded with the North Essex registry of deeds in Book 1291, Page 180 shown on a plan entitled "Easement Plan of Land" located in Lawrence, Massachusetts, prepared for the city of Lawrence, prepared by Meridian Engineering, Inc., scale 1"=100' dated August 7, 2002 on file with the department of conservation and recreation and to be recorded with North Essex registry of deeds. To carry out the purposes of this act, modifications to the plan described above may be made before the easement grant.
SECTION 2. No grant of easement, by or on behalf of the commonwealth, granting the easement on the property described in section 1 shall be valid unless the grant provides that the easement area shall be used solely for the purposes described in section 1. The grant of easement shall include a stipulation that title to the easement area will revert to the commonwealth and be assigned to the care, custody and control of the department of conservation and recreation if the easement area ceases to be utilized for the express purposes for which it was conveyed.
SECTION 3. The grantees of the easement shall pay the cost of any appraisals, surveys and other expenses considered necessary by the commissioner of capital asset management and maintenance for granting the easement.
SECTION 4. The grantees shall compensate the commonwealth through the grant of an easement to the commonwealth, equal to or greater in value than the full and fair market value of the easement area described in section 1, or its value in use as proposed, whichever is the greater, as determined by independent appraisal, or in a sum equal to the full and fair market value of the easement area or its value in use as proposed, whichever is greater, as determined by independent appraisal, or through some combination thereof.
SECTION 5. 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. The inspector general shall issue his review and comment within 15 days of receipt of the agreement or amendment. The commissioner of capital asset management and maintenance shall submit the agreement and any subsequent amendments thereof, the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days before the execution of the agreement. The grantees of the easement shall transfer the grant of easement or pay the purchase price as determined under section 4 as set forth in the agreement.