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  • Acts
  • 2006
  • Chapter 429 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT A CERTAIN EASEMENT IN THE TOWN OF BELCHERTOWN.

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 administrative office of the trial court, may, notwithstanding sections 40F to 40I, inclusive, of chapter 7 of the General Laws, grant a certain non-exclusive easement in the town of Belchertown to allow the successful development of the former Belchertown state school. The easement may be granted to the Belchertown Economic Development and Industrial Corporation, its successors and assigns, in order to provide access over state property and shall be subject to any additional terms and conditions consistent with this act that the commissioner may prescribe in consultation with the administrative office of the trial court. The easement area contains 70,000 square feet of land and is a portion of that parcel of land described in a plan entitled “Easement Plan Quabbin Resort Development Belchertown, Massachusetts”, prepared for Bridgeland Development, LLC, prepared by Holmberg and Howe, Land Surveyors and Civil Engineers, scale 1” = 40’, dated September 8, 2006, and on file with the division of capital asset management and maintenance. The exact boundaries of the easement shall be determined by survey to be approved by the commissioner.

SECTION 2. No grant of easement by or on behalf of the commonwealth granting the easement on the property described in section 1 shall be valid unless the grant provides that the easement area shall be used solely for the purposes described in section 1. The grant of easement shall include a stipulation that title to the easement area will revert to the commonwealth if the easement area ceases to be used for the express purposes for which it was conveyed.

SECTION 3. The grantees of the easement shall pay the cost of any appraisals, surveys or other expenses considered necessary by the commissioner for granting the easement.

SECTION 4. The consideration for the easement shall be the full and fair market value of the easement area described in section 1 or its value in use as proposed, whichever is the greater, as determined by the commissioner based upon an independent appraisal.

SECTION 5. The commissioner shall, 30 days before the execution of any agreement authorized by this act or any subsequent amendment thereof, 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 the 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 chairmen of the joint committee on state administration at least 15 days before the execution of the agreement.

Approved January 3, 2007.