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Session Law

2006

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Chapter 308 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN PERMANENT EASEMENTS TO BROCKTON HOSPITAL.

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 any general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of the department of mental health, may convey to Brockton Hospital Inc., a Massachusetts non-profit corporation, 2 permanent easements over a certain parcel of land, identified as Proposed Access Easement ‘A’, containing 3,008+/- square feet, and Proposed Access Easement ‘B’, containing 3,400+/- square feet, both as shown on a plan captioned “Adams Street, Brockton Plymouth County, Massachusetts; Prepared For Brockton Hospital, Inc., 680 Centre Street Brockton, Massachusetts; Title EASEMENT PLAN”, dated December 5, 2005, and prepared by J. K. Holmgren Engineering, Inc., Registered Professional Engineers and Land Surveyors, 942 West Chestnut Street in Brockton. These easements shall be for the purpose of constructing, operating and maintaining 1 or more access driveways for vehicular and pedestrian access, as well as constructing utilities to and from Adams Street to the property of the Brockton Hospital, Inc., and for no other purpose. Minor modifications to the easement descriptions set forth in the plans described above may be made in order to conform to a final land survey, as accepted by the division, before any conveyance to carry out the purposes of this act.

SECTION 2. No document transferring ownership, care, custody, control or management of the property described in section 1 shall be valid unless such document provides that the property shall be used solely for easement purposes described in section 1. The document shall include a reversionary clause that stipulates that the property will revert to the commonwealth if the property ceases to be used for the express purposes for which the easements were granted.

SECTION 3. The recipient of the easements shall assume and be responsible for the cost of any appraisals, surveys and other expenses considered necessary by the commissioner of the division of capital asset management and maintenance for the grant of the easements.

SECTION 4. The price paid by the grantee for the easements shall be determined by the commissioner of the division of capital asset management and maintenance based on an independent appraisal. The inspector general shall review and approve the appraisal and the review shall include a review of the methodology used for the appraisal. The inspector general shall prepare a report of his review and file the report with the commissioner of the division of capital asset management and maintenance 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.

Approved September 29, 2006.


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