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  • Acts
  • 2006
  • Chapter 242 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF SAUGUS.

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 through 40J, inclusive, of chapter 7 of the General Laws, section 22 of chapter 420 of the acts of 1930 and section 4 of chapter 372 of the acts of 1984, the commissioner of capital asset management and maintenance, in this act called the commissioner, shall convey, on behalf of and in consultation with the department of conservation and recreation, by deed, to Caruso Music Company, a corporation organized under the laws of Massachusetts, title to a certain parcel of land in the town of Saugus, containing 3.822 acres, more or less, located on the east side of state highway route 1 in the town of Saugus, beginning at a point on the sideline of state highway route 1 and the northerly corner of the 1932 layout of the Lynn Fells parkway at a point perpendicular to station 157+54.46; thence running along the sideline of state highway route 1 south 19 degrees, 29 minutes 12 seconds west a distance of 212.93 feet to a point; thence turning and running south 70 degrees 30 minutes 48 seconds east a distance of 70.00 feet to a point; thence turning and running north 51 degrees 58 minutes 15 seconds east a distance of 101.25 feet to a point; thence turning and running north 51 degrees 41 minutes 12 seconds east a distance of 145.99 feet to a point of curvature; thence running by a curve turning to the right and an arc length of 813.40 feet and a radius of 925.00 feet to a point of tangency; thence running north 77 degrees 55 minutes 48 seconds west a distance of 6.20 feet to a point; thence turning and running north 02 degrees 10 minutes 03 seconds east a distance of 152.08 feet to a point; thence turning and running by a curve turning to the left and an arc length of 925.35 feet and a radius of 1075.00 feet, to a point of tangency; thence running south 51 degrees 41 minutes 12 seconds west a distance of 91.53 feet to a point; thence turning and running north 67 degrees 14 minutes 53 seconds west a distance of 26.51 feet to a point, which is the point of beginning; provided that said conveyance shall not occur until: (1) the land has been determined to be surplus by the commissioner pursuant to section 40F and 40F1/2 of chapter 7 of the General Laws; and (2) the Caruso Music Company and the Massachusetts Water Resources Authority have entered into a binding agreement requiring the Caruso Music Company to relocate, at its sole expense, the Authority’s water main currently situated on the parcel of land to be conveyed under this section to the easement described in this section 1 and completed final plans in connection with such relocation. The conveyance shall be subject to such terms and conditions as the commissioner may prescribe in consideration for any such parcels of land, described in section 2 of this act, that may be acquired by the commissioner from the Caruso Music Company.

The conveyance of the parcel described in this section shall be made subject to an easement for the benefit of the Massachusetts Water Resources Authority to permanently construct, inspect, repair, renew, replace, operate and forever maintain a water supply pipeline and related appurtenances, in, through and under the parcel at the present location on the Massachusetts Water Resources Authority’s northern high service pipeline, section 70. The easement shall be 40 feet in width, measuring a distance of 20 feet on either side of the centerline of the existing pipeline and shall extend the full length of the pipeline alignment on the parcel. The easement shall be non-exclusive, however, unless the written consent of the Massachusetts Water Resources Authority shall have been obtained, no buildings or structures shall be erected or maintained in or upon any part of the easement. Subject to the prior review and approval of the Massachusetts Water Resources Authority, the easement and pipeline may be relocated at the sole expense of the fee owner. Notwithstanding any other general or special law to the contrary, the commissioner shall convey to the town of Saugus all of the remaining land currently under the care, custody and control of the department of conservation and recreation located east of route 1 as part of the 1932 layout of the Lynn Fells parkway not otherwise in this section conveyed to Caruso Music Company. The parcel shall be under the care, custody and control of the conservation commission of the town for open space purposes, provided that the commissioner shall retain on behalf of the commonwealth, through its department of conservation and recreation, a perpetual conservation restriction subject to the benefits of section 32 of chapter 184 of the General Laws as acceptable to the commissioner.

SECTION 2. The Caruso Music Company shall convey by deed to the commissioner, and the commissioner may acquire, on behalf of the department of conservation and recreation for conservation purposes, a certain parcel of land, containing 2.955 acres, more or less, located on the west side of state highway route 1 in the town of Saugus, beginning at a point at the westerly sideline of state highway route 1, at the northeasterly corner of the below described parcel, at land now or formerly of Walnut Associates; thence running by the sideline of state highway route 1 south 19 degrees 52 minutes 16 seconds west a distance of 300.00 feet to a point; thence turning and running north 34 degrees 51 minutes 40 seconds west a distance of 43.34 feet to a point; thence turning and running north 70 degrees 07 minutes 44 seconds west a distance of 59.95 feet to a point; thence turning and running south 51 degrees 45 minutes 46 seconds west a distance of 49.30 feet to a point; thence turning and running south 19 degrees 52 minutes 16 seconds west a distance of 128.14 feet to a point; thence turning and running north 70 degrees 07 minutes 44 seconds west a distance of 28.62 feet to a point; thence turning and running south 19 degrees 52 minutes 16 seconds west a distance of 91.88 feet to a point; thence turning and running north 85 degrees 43 minutes 45 seconds west a distance 145.35 feet to a point; thence turning and running north 19 degrees 52 minutes 16 seconds east a distance of 601.54 feet by land now or formally of the commonwealth to a point; thence turning and running south 65 degrees 05 minutes 12 seconds east a distance of 291.12 feet to a point, which is the point of beginning.

SECTION 3. The commonwealth shall receive as additional consideration the difference between the full and fair market value of the state parcels described in section 1 minus the full and fair market value of the parcels described in section 2, if any such difference exists. Notwithstanding any general or special law to the contrary, if the appraised value of the parcels described in section 2 is determined to be greater than the appraised values of the parcels described in section 1, the commonwealth need not pay the difference as additional consideration to the Caruso Music Company. The appraisals shall be prepared in accordance with usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner. For the purposes of these appraisals, the fair market value of the property shall be calculated in its new use as assembled with other lands owned or otherwise controlled by the Caruso Music Company.
The inspector general shall review and approve the appraisals. The inspector general shall prepare a report of his review of the methodology used in the appraisals and shall file the report with the commissioner for submission to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets. The commissioner shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereto, 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 thereto, 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 bonding, capital expenditures and state assets at least 15 days before execution.

SECTION 4. In no instance shall the parcel described in section 1 be developed or built upon within 100 feet of the Saugus River.

SECTION 5. No deed conveying the parcel of land from the commonwealth to the Caruso Music Company shall be valid unless it contains a reversionary clause providing that the property shall revert to the commonwealth, and to the care and control of the department of conservation and recreation, if the property ceases to be used for the express purpose for which it was conveyed as so determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of the department of conservation and recreation.

SECTION 6. The Caruso Music Company shall bear all costs considered necessary or appropriate by the commissioner for the conveyance, including without limitation, all costs for appraisals, legal work, survey, title and the preparation of plans and specifications or other expenses incurred by the commonwealth to effectuate the conveyance authorized by section 1. The Caruso Music Company shall pay all costs associated with relocating the existing Massachusetts Water Resources Authority water main, as described in said section 1, subject to the prior review and approval of the Massachusetts Water Resources Authority.

SECTION 7. The inspector general shall review and approve any deed or other document transferring an interest in property authorized by section 1 before its execution.

SECTION 8. All proceeds from the sale of this property shall be deposited in the Division of Urban Parks Trust Fund, established by section 34 of chapter 92 of the General Laws.

SECTION 9. The Caruso Music Company and its agents, tenants or contractors agree to hold the commonwealth and its agents and employees harmless from and against all claims, actions, damages or costs claimed for injuries or damages to persons or property arising out of, or in any way relating to, the conveyances authorized by this act, and shall indemnify and defend the commonwealth and its agents and employees from and against any and all such claims, actions, damages or cost.

Approved August 9, 2006.