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  • Acts
  • 2006
  • Chapter 237 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO RELEASE A PORTION OF AN EASEMENT IN THE CITY OF SOMERVILLE.

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 Massachusetts Water Resources Authority, may release, subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws, to Conwell Capen, LLC, a Massachusetts limited liability company and owner of the premises known and numbered as 405 Alewife Brook Parkway, and its successors or assigns, a certain portion of an easement encumbering said premises, reserved by the metropolitan district water supply commission by deed dated April 8, 1954, for water supply and drains in the city of Somerville and recorded with the Middlesex county south district registry of deeds in book 8251 at page 193. The certain portion to be released is shown as “Existing Easement Area (14,634 +/- square feet) to be Released by the Commonwealth of Massachusetts, Massachusetts Water Resources Authority” on a plan entitled “Easement Plan 1 Capen Court a/k/a 405 Alewife Brook Parkway, Somerville, MA”, dated November 10, 2005, by Mistry Associates, Inc.
The plan shall be recorded in the Middlesex county south district registry of deeds as provided in section 3. Furthermore, no fence enclosing the remaining easement shall be required.

SECTION 2. The consideration for the partial release of easement described in section 1 shall be the completion and operation of the proposed development at 405 Alewife Brook Parkway as affordable senior housing with supportive services, including assisted living, for a compliance period of not less than 30 years under certain use restriction and regulatory agreements to be entered into in connection with the affordable housing subsidies granted to the proposed development. Further consideration shall be grant of an additional easement by Conwell Capen, LLC, to the Massachusetts Water Resources Authority over the area shown as “Proposed Easement Area (540 +/- square feet) to be Granted to the Commonwealth of Massachusetts” in the plan described in section 1.

SECTION 2A. The exact boundaries of the property described in sections 1 and 2 shall be determined by the commissioner of capital asset management and maintenance, in consultation with the Massachusetts Water Resources Authority, after completion of a survey.

SECTION 3. The commissioner of capital asset management and maintenance, 30 days before the execution of any agreement or release authorized by this act or any subsequent amendment thereof, shall 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 any agreement or amendment. The commissioner 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 house and senate chairmen of the joint committee on bonding, capital expenditures and state assets at least 15 days before the execution of the agreement.

SECTION 4. The owner of land benefiting from the partial release of the easement shall be responsible for any costs for surveys, recording and other expenses relating to the release, or for any costs and liabilities of any nature and kind for its development, maintenance or operation.

Approved August 9, 2006.