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  • Acts
  • 2008
  • Chapter 266 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT A SEWER EASEMENT IN CERTAIN LAND IN THE TOWN OF BELCHERTOWN.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize the division of capital asset management and maintenance to convey a parcel of land to the town of Belchertown for the purpose of installing and constructing sanitary sewer facilities, 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 sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may convey to the town of Belchertown a non-exclusive easement interest in a portion of a parcel of state-owned land located on George Hannon street and Jackson street in the town of Belchertown. The parcel contains 49,932 square feet or 1.146 acres and is shown as “Sewer Easement S-1” on a survey plan consisting of 1 sheet, entitled “Plan of Land in Belchertown, MA prepared for the Town of Belchertown Commonwealth of Massachusetts (Owner)”, dated November 7, 2006, prepared by Sherman & Frydryk, Land Surveying and Engineering, 3 Converse Street, Suite 203, Palmer, MA 01069. To mitigate the impact of the conveyance on farmland, the town shall pay the full and fair market value of this easement, as determined by an independent appraisal, to The Commonwealth of Massachusetts, Department of Agricultural Resources, Mitigation Expendable Trust. The department of agricultural resources shall use the payment for this easement for the acquisition or renovation of farmland near the site of the easement as practicable.

SECTION 2. The grantees of the easement interest described in section 1 shall assume the costs associated with any engineering, surveys, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance and shall assume the costs of recording the survey plan and easement deed with the registry of deeds for Hampshire county.

Approved August 6, 2008