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Session Law

2007

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Chapter 167 AN ACT AUTHORIZING THE CONVEYANCES OF CERTAIN EASEMENTS IN THE TOWNS OF LYNNFIELD, SAUGUS AND WAKEFIELD TO THE TENNESSEE GAS PIPELINE COMPANY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately authorize the conveyances of certain easements in the towns of Lynnfield, Saugus and Wakefield, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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 town of Saugus may convey by deed a permanent easement 30 feet in width lying 15 feet to either side of the Tennessee Gas Pipeline Company’s proposed 24-inch pipeline, more or less, in, under and through a parcel of land managed and controlled by the Saugus Conservation Commission for conservation purposes located in the town of Saugus, together with temporary work space for construction and restoration purposes of approximately 0.6 acres and a temporary right to use a pre-existing road approximately 10 feet wide for vehicular access during construction and restoration, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land on file with the town entitled “Essex-Middlesex Project, Proposed 24" Main Line, Town of Saugus, Essex County, Massachusetts, TE-T12-270C-1200-1.00.” The right to use the temporary work space shall expire upon completion of construction and restoration.

The easement shall be used to lay, construct, maintain, operate, repair, change the size of, remove or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 2. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may convey by deed, a permanent easement up to 30 feet in width lying 15 feet to either side of the Tennessee Gas Pipeline Company’s proposed 24-inch pipeline, more or less, in, under and through the land known as the Breakheart Reservation managed and controlled by the department of conservation and recreation for conservation and recreation purposes and located in the town of Saugus, together with temporary work space for construction and restoration purposes of approximately 0.06 acres immediately adjacent to the proposed permanent easement, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land on file with the department of conservation and recreation entitled “Essex-Middlesex Project, Proposed 24" Main Line, Commonwealth of Massachusetts (Breakheart Reservation), Essex County, Massachusetts, TE-T12-270C-1200-47.00A.” The right to use the temporary work space shall expire upon completion of construction and restoration. Minor modifications to the easement description set forth in the plan described above may be made in order to conform with a final land survey, as accepted by the commissioner of capital asset management and maintenance prior to any conveyance to carry out the purposes of this section.

The easement shall be used to lay, construct, maintain, operate, repair, change the size of, remove or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 3. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may convey by deed, a permanent easement 30 feet in width lying 15 feet to either side of the Tennessee Gas Pipeline Company’s proposed 24-inch pipeline, more or less, in, under and through a parcel of land managed and controlled by the department of conservation and recreation for conservation and recreation purposes and located in the town of Wakefield, together with temporary work space for construction and restoration purposes of approximately 1.2 acres immediately adjacent to the proposed permanent easement, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land on file with the department of conservation and recreation entitled “Essex-Middlesex Project, Proposed 24" Main Line, Commonwealth of Massachusetts (Breakheart Reservation), Middlesex County, Massachusetts, TE-T12-270C-1200-47.00B.” The right to use the temporary work space shall expire upon completion of construction and restoration. Minor modifications to the easement description set forth in the plan described above may be made in order to conform with a final land survey, as accepted by the commissioner of capital asset management and maintenance prior to any conveyance to carry out the purposes of this section.

The easement shall be used to lay, construct, maintain, operate, repair, change the size of, remove or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 4. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may convey by deed, a permanent easement 30 feet in width lying 15 feet to either side of the Tennessee Gas Pipeline Company’s proposed 24-inch pipeline, more or less, in, under and through a parcel of land managed and controlled by the department of conservation and recreation for conservation and recreation purposes and located in the town of Saugus, together with temporary work space for construction and restoration purposes of approximately 0.33 acres immediately adjacent to the proposed permanent easement, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land on file with the department of conservation and recreation entitled “Essex-Middlesex Project, Proposed 24" Main Line, Commonwealth of Massachusetts (Breakheart Reservation), Essex County, Massachusetts, TE-T12-270C-1200-52.00.” The right to use the temporary work space shall expire upon completion of construction and restoration. Minor modifications to the easement description set forth in the plan described above may be made in order to conform with a final land survey, as accepted by the commissioner of capital asset management and maintenance prior to any conveyance to carry out the purposes of this section.

The easement shall be used to lay, construct, maintain, operate, repair, change the size of, remove or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 5. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may convey by deed, a permanent easement 30 feet in width lying 15 feet to either side of the Tennessee Gas Pipeline Company’s proposed 24-inch pipeline, more or less, in, under and through a parcel of land managed and controlled by the department of conservation and recreation for conservation and recreation purposes and located in the town of Saugus, together with temporary work space for construction and restoration purposes of approximately 2.4 acres immediately adjacent to the proposed permanent easement and a temporary right to use a pre-existing road approximately 10 feet wide for vehicular access during construction and restoration, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land on file with the department of conservation and recreation entitled “Essex-Middlesex Project, Proposed 24" Main Line, Commonwealth of Massachusetts (Breakheart Reservation), Essex County, Massachusetts, TE-T12-270C-1200-54.00.” The right to use the temporary work space shall expire upon completion of construction and restoration. Minor modifications to the easement description set forth in the plan described above may be made in order to conform with a final land survey, as accepted by the commissioner of capital asset management and maintenance prior to any conveyance to carry out the purposes of this section.

The easement shall be used to lay, construct, maintain, operate, repair, change the size of, remove or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 6. Notwithstanding any general or special law to the contrary, the town of Wakefield may convey by deed, a permanent easement 30 feet in width lying 15 feet to either side of the Tennessee Gas Pipeline Company’s proposed 24-inch pipeline, more or less, in, under and through a parcel of land managed and controlled by the Wakefield Conservation Commission for conservation purposes located in the town of Wakefield, together with temporary work space for construction and restoration purposes of approximately 1.7 acres, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land on file with the town of Wakefield entitled “Essex-Middlesex Project, Proposed 24" Main Line, Town of Wakefield Conservation Commission, Middlesex County, Massachusetts, TE-T12-270C-1200-77.00.” The right to use the temporary work space shall expire upon completion of construction and restoration.

The easement shall be used to lay, construct, maintain, operate, repair, change the size of, remove or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 7. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the adjutant general, may convey by deed, a permanent easement 30 feet in width lying 15 feet to either side of the Tennessee Gas Pipeline Company’s proposed 24-inch and 12-inch pipelines, along with a proposed 50-foot by 100-foot receiver site, more or less, in, under and through a parcel of land managed and controlled by the military division for military purposes located in the town of Lynnfield, together with temporary work space for construction and restoration purposes of approximately 8 acres immediately adjacent to the proposed permanent easement and a temporary right to use a pre-existing road approximately 10-feet wide for vehicular access during construction and restoration and a permanent right to use a pre-existing road and a new road each approximately 10-feet wide for vehicular access for operations and maintenance purposes, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land on file with the military division entitled “Essex-Middlesex Project, Proposed 24" Main Line, Commonwealth of Massachusetts, Essex County, Massachusetts, TE-T12-270C-1200-92.00.” The right to use the temporary work space shall expire upon completion of construction and restoration. Minor modifications to the easement description set forth in the plan described above may be made in order to conform with a final land survey, as accepted by the commissioner of capital asset management and maintenance prior to any conveyance to carry out the purposes of this section.

The easement shall be used to lay, construct, maintain, operate, repair, change the size of, remove or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 8. Notwithstanding any general or special law to the contrary, there shall be independent appraisals of the easements described in sections 2, 3, 4, 5 and 7 to be conveyed as authorized by this act to determine the diminution in value to the respective properties as a result of the granting of those easements, based upon professional appraisals. In order to expedite said conveyances, the commissioner of capital asset management and maintenance may, in consultation with the commissioner of conservation and recreation or the adjutant general, as the case may be, accept appraisals of the easements that may have been conducted before the effective date of this act that may have been accepted and agreed to by the department of conservation and recreation or the military division. In consideration of the conveyance of the easements authorized in said sections 2, 3, 4, 5 and 7, the Tennessee Gas Pipeline Company shall compensate the commonwealth in an amount at least equal to or greater than the full and fair market value of the diminution, as determined by the independent appraisals. The Tennessee Gas Pipeline Company shall assume all reasonable costs associated with any engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyances authorized in said sections 2, 3, 4, 5 and 7. All monies paid to the commonwealth by the Tennessee Gas Pipeline Company as a result of the conveyances of the easements authorized in said sections 2, 3, 4 and 5 shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws for the benefit of Breakheart Reservation.

The commissioner of capital asset management and maintenance shall submit the appraisals and a report thereon to the inspector general for his review and comment. The inspector general shall review and approve the appraisals. The review shall include an examination of the methodology used for the appraisals. The inspector general shall, within 30 days after receipt of the appraisals and the reports thereon, prepare a report of his review and file the report with the commissioner. The commissioner shall then submit that report 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 submit copies of the appraisals, his report thereon and the inspector general’s review and approval, together with comments, 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 before the execution of the conveyances.

SECTION 9. Notwithstanding any general or special law to the contrary, no instruments conveying, by or on behalf of the commonwealth, an easement described in section 2, 3, 4, 5 or 7 shall be valid unless the instrument provides that the easement shall be used solely for the purposes described in said sections 2, 3, 4, 5 or 7, as the case may be. The easement instrument shall state that if the pipeline within the easement is abandoned by the Tennessee Gas Pipeline Company, or its successors or assigns, and the same is approved by the Federal Energy Regulatory Commission, the easements shall revert to the commonwealth under the control of and used by the department of conservation and recreation or the adjutant general, as the case may be, upon such terms and conditions as the commissioner of capital asset management and maintenance may determine. If an easement granted pursuant to said sections 2, 3, 4, 5 or 7 reverts to the commonwealth, any further disposition of the easement shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws and the prior approval of the general court.

Approved November 15, 2007.

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