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Session Law

2006

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Chapter 203 AN ACT AUTHORIZING THE CITY OF BOSTO N AND THE COMMONWEALTH TO GRANT SEWER AND DRAINAGE EASEMENTS OVER CERTAIN PARCELS OF LAND IN THE CITY OF BOSTON.

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 sections 40E to 40N, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, the city of Boston may grant, for nominal consideration of $1, a permanent sewer easement in, through, and under a certain parcel of land known as Moakley Park, located in the South Boston section of the city of Boston and acquired by the city of Boston for park purposes, to the Massachusetts Water Resources Authority, for the purposes of the development, construction, installation, operation and maintenance of sewers, together with any necessary structures, facilities and appurtenances as may be needed in connection with the Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel. This easement is shown as parcel MWRA-PE-9 on a plan entitled “Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel”, prepared for the Massachusetts Water Resources Authority by Bryant Associates, Inc., dated August 8, 2005 and has an area of about 37,784 square feet, or 0.8674 acres. This plan is on file with the Massachusetts Water Resources Authority and shall be recorded with the Suffolk county registry of deeds.

SECTION 2. Notwithstanding sections 40E to 40N, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary the city of Boston may grant, for nominal consideration of $1, 2 permanent sewer easements in, through, and under a certain parcel of land known as Moakley Park, located in the South Boston section of the city of Boston and acquired by the city of Boston for park purposes, to the Boston Water and Sewer Commission, for the purposes of the development, construction, installation, operation and maintenance of storm drains, together with any necessary structures, facilities and appurtenances as may be needed in connection with the Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel. These easements are shown as parcels BWSC-PE-10 and BWSC-PE-11 on a plan entitled “Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel”, prepared for the Massachusetts Water Resources Authority by Bryant Associates, Inc., dated August 8, 2005, and having an area of about 17,419 square feet, or 0.3999 acres, and 25,311 square feet, or 0.5811 acres, respectively.

SECTION 3. Notwithstanding sections 40E to 40N, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, the city of Boston may grant, for nominal consideration of $1, 2 permanent sewer easements in, through, and under a certain parcel of land known as Moakley Park, located in the South Boston section of the city of Boston and acquired by the city of Boston for park purposes, to the commonwealth, through its department of conservation and recreation, for the purposes of the development, construction, installation, operation and maintenance of storm drains, together with any necessary structures, facilities and appurtenances as may be needed in connection with the Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel. These easements are shown as parcels DCR-PE-8 and DCR-PE-12 on a plan entitled “Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel”, prepared for the Massachusetts Water Resources Authority by Bryant Associates, Inc., dated August 8, 2005, and having an area of about 158 square feet, or 0.0036 acres, and 2,250 square feet, or 0.0517 acres, respectively.

SECTION 4. Notwithstanding sections 40E to 40N, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, acting for and on behalf of the commonwealth, shall grant, for nominal consideration of $1, 2 permanent volumetric subsurface sewer easements in, through, and under certain parcels of land located in the South Boston section of the city of Boston, which parcels were acquired by the commonwealth through its department of conservation and recreation as part of the system of metropolitan parks placed under its control for park purposes, to the Massachusetts Water Resources Authority, for the purposes of the development, construction, installation, operation and maintenance of sewers, together with any necessary structures, facilities and appurtenances, including a combined sewer overflow storage tunnel, as may be needed in connection with the Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel. Access shall not be made to the permanent subsurface easements from the surface level except in cases of emergency as may be necessary for temporary repair and restoration to service of said sewers, structures, facilities and appurtenances in order to preserve the health and safety of persons or property. These easements are shown as parcels MWRA-PVE-4 and MWRA-PVE-6 on a plan entitled “Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel”, prepared for the Massachusetts Water Resources Authority by Bryant Associates, Inc., dated August 8, 2005, and having an area of about 114,485 square feet, or 2.6282 acres, and 495,496 square feet, or 11.3750 acres, respectively. These parcels are limited vertically from elevation = 50.0 feet to elevation = 110.0 feet, as shown on said plan. The vertical datum is Massachusetts Water Resources Authority.

SECTION 5. Notwithstanding sections 40E to 40N, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, acting for and on behalf of the commonwealth, shall grant, for nominal consideration of $1, 7 permanent sewer easements in, through, and under certain parcels of land located in the South Boston section of the city of Boston, which parcels were acquired by the commonwealth through its department of conservation and recreation as part of the system of metropolitan parks placed under its control for park purposes, to the Massachusetts Water Resources Authority, for the purposes of the development, construction, installation, operation and maintenance of sewers, together with any necessary structures, facilities and appurtenances as may be needed in connection with the Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel. These easements are shown as parcels MWRA-PE-16, MWRA-PE-17, MWRA-PE-18, MWRA-PE-19, MWRA-PE-20, MWRA-PE-21, and MWRA-PE-22 on a plan entitled “Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel” prepared for the Massachusetts Water Resources Authority by Bryant Associates, Inc., dated August 8, 2005, and having an area of about 4,154 square feet, 12,249 square feet, 4,525 square feet, 12,917 square feet, 706 square feet, 2,569 square feet and 18,368 square feet, respectively.

SECTION 6. Notwithstanding sections 40E to 40N, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, the commissioner of capital asset management and maintenance acting for and on behalf of the commonwealth, shall grant, for nominal consideration of $1, a permanent sewer easement in, through, and under a certain parcel of land located in the South Boston section of the city of Boston, which parcels were acquired by the commonwealth through its department of conservation and recreation as part of the system of metropolitan parks placed under its control for park purposes, to the Boston water and sewer commission, for the purposes of the development, construction, installation, operation and maintenance of storm drains, together with any necessary structures, facilities and appurtenances, as may be needed in connection with the Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel. This easement is shown as parcel BWSC-PE-14 on a plan entitled “Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel”, prepared for the Massachusetts Water Resources Authority by Bryant Associates, Inc., dated August 8, 2005, and has an area of about 591 square feet, or 0.0136 acres.

SECTION 7. The Massachusetts Water Resources Authority shall be responsible for all costs associated with any recording, survey, document preparation, plan preparation or other expenses incurred by the city of Boston, the Boston water and sewer commission or the commonwealth relating to the grants authorized by this act.

Approved August 1, 2006.


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