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Session Law

2004

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Chapter 382 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT AN EASEMENT IN CERTAIN LAND IN THE TOWN OF BRIDGEWATER.

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 section 40H of chapter 7 of the General Laws or any other general or special law to the contrary in consultation with the armory commission, grant an easement in a certain parcel of land under the control of the armory commission to the Bridgewater Knights of Columbus Council No. 488 in the town of Bridgewater with the following rights:

(a) to construct, alter and maintain a combined paved driveway to provide access to and egress from the abutting property now or formerly of said Council;

(b) to erect and install signs, pavement markings and other traffic control devices to ensure the safety of said Council;

(c) to access and egress the abutting property of said council over the easement; provided, however, that no right or use shall interfere with the military's use of this parcel of land.

The land over which the easements are granted shall be as follows:

Beginning at a point in the easterly sideline of Bedford Street, at the southwest corner of the grantor's property;

Thence along the easterly sideline of Bedford Street, N 07 31'16" W a distance of twenty-five (25.00) feet;

Thence turning and running N 82 11'44" E a distance of one-hundred-fifty (150.00) feet;

Thence S 07 31'16" E a distance of twenty-five (25.00) feet to property now or formerly of the grantee;

Thence turning and running S 82 11'44" W, by land now or formerly of the grantee, a distance of one hundred-fifty (150.00) feet back to the point of beginning. The exact boundaries of the parcel shall be determined by the commissioner in consultation with the armory commission after completion of a survey.

The armory commission may:

(a) construct, alter and maintain a combined, paved driveway to provide access to and egress from the remaining property now or formerly of the commonwealth;

(b) erect and install signs, pavement markings and other traffic control devices to ensure the safety and security of the commonwealth's property, members, employees and guests;

(c) locate, construct, alter and maintain utilities within the easement, to service the property now or formerly of the commonwealth.

SECTION 2. The grantees of the easement shall assume all costs associated with any engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner to execute the conveyance authorized in section 1.

SECTION 3. No instruments conveying, by or on behalf of the commonwealth, the easement described in section 1 shall be valid unless the instrument provides that the easement shall be used solely for the purposes described in said section 1. The easement instrument shall include a clause which shall state that in the event that the easements cease to be used by Bridgewater Knights of Columbus Council No. 488 for the purposes described in said section 1 at any time, the easement shall revert to the commonwealth under the control of and for use by the division of capital asset management and maintenance upon such terms and conditions as the commissioner may determine. Should the easements revert to the commonwealth, any further disposition of the easements shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws and the prior approval of the general court.

Approved October 29, 2004.

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