• Acts
  • 2003

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 may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, grant to Tufts University, a nonprofit educational institution, a non-exclusive easement for vehicular and pedestrian access and utility services to and from Westboro road, state highway route 30, for all purposes for which public and private streets are used in the town of Grafton, in, over, through and under those traveled ways to which the general public currently has no legal right of access located on the commonwealth's adjoining property. Such ways are shown on sheet 1 of 3 of that certain plan entitled "Plan of Land, Grafton-Westborough, Massachusetts," dated August 31, 1978, prepared by Harry R. Feldman, Inc., recorded with the Worcester county registry of deeds in Plan Book 456, Page 31. The university may, at its expense, widen or improve the easement areas to the extent necessary to provide reasonable access to and from Westboro road, state highway route 30, or as otherwise required by the town of Grafton or any other governmental authority in connection with the development of the university's Science Park or School of Veterinary Medicine. The exact boundaries of the easement area shall be determined by the commissioner after completion of a survey prepared by and at the expense of the university and the easement shall be subject to such reasonable conditions as the commissioner shall deem necessary to protect the value of the commonwealth's adjacent property.

SECTION 2. The commissioner of capital asset management and maintenance shall submit the instruments or agreements granting the easement authorized by this act and any subsequent amendments thereof to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days prior to execution.

SECTION 3. The easement shall permit certain roadway improvements to be constructed by the town of Grafton on the Tufts University's campus with proceeds secured by the town of Grafton from the commonwealth through grants under the public works economic development and community development action grant programs with access to and from Westboro road, state highway route 30, over the commonwealth's burdened property in order to provide for a safe and efficient flow of traffic. The easement shall also facilitate the development of the university's science park and, accordingly, benefit the commonwealth under a profit sharing agreement between the university and the commonwealth, dated June 6, 1994, pursuant to which the commonwealth is entitled to a portion of the profits, if any, ultimately derived from the development of the university's science park previously authorized by the general court. The commonwealth, deriving such benefits from the use by the university and its successors of the easements authorized hereby, shall require no further consideration from the university for the use of such easements, excepting only the cost of such improvements to the burdened property that the university may elect to make.

SECTION 4. Nothing in this act shall be interpreted as limiting or otherwise affecting any provision of chapter 644 of the acts of 1974, section 42 of chapter 367 of the acts of 1978, chapter 315 of the acts of 1992 or any agreement executed and delivered in accordance with these acts.

Approved December 5, 2003.