Skip to Content

Session Law

2008

Jump to:

Chapter 267 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO MAKE CERTAIN CONVEYANCES IN THE CITY OF SOMERVILLE.

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 certain easements across commonwealth property in the Assembly Square area in the city of Somerville, 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. The commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey permanent and temporary easements, including extra work space rights and permanent and temporary access road rights over, under and through portions of Draw 7 park in the city of Somerville, currently under the control of and used by the department of conservation and recreation for recreation and natural resource purposes, to the city of Somerville and its agents and contractors, solely for the purposes of laying, constructing, maintaining, accessing, operating, replacing, repairing, abandoning and removing a stormwater discharge pipe and outfall and appurtenant subsurface facilities, subject to sections 5 and 6 and any reasonable additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may determine and which shall be memorialized in a land disposition agreement between the division and FR Sturtevant Street, LLC. The easement area is labeled “Draw 7 Park 60’ Drainage Area Easement” and “New Outfall” on a certain plan of land entitled “DCR Exchange Plan”, prepared by Vanasse Hangen Brustlin, Inc. and dated August 7, 2007 and revised as of March 20, 2008, which is on file with the department of conservation and recreation and the clerks of the senate and house of representatives. Temporary work space and access road easements shall expire and revert to the commonwealth upon completion of the initial construction and restoration of the easement areas. Modifications to the easement referenced herein may be made in order to conform to the requirements of the Massachusetts Water Resources Authority, the department of conservation and recreation, the division of capital asset and management, the city of Somerville and a final land survey which shall be accepted by the division of capital asset management and maintenance and the department of conservation and recreation before any conveyance is made pursuant to this section.

SECTION 2. The commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation and the city of Somerville, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey permanent and temporary easements, including extra work space rights and permanent and temporary access road rights over, under and through certain parcels of land located in the Ten Hills neighborhood of the city of Somerville currently under the control of the department of conservation and recreation to the city of Somerville and its agents and contractors, solely for the purposes of laying, constructing, maintaining, accessing, operating, replacing, repairing, abandoning and removing a stormwater discharge pipe and outfall and appurtenant subsurface facilities, subject to sections 5 and 6 and any additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may determine and which shall be memorialized in a land disposition agreement between the division and FR Sturtevant Street, LLC. The easement is labeled as “I/I Mitigation within DCR Right of Way” on a certain plan of land entitled “DCR Exchange Plan”, prepared by Vanasse Hangen Brustlin, Inc., and dated August 7, 2007 and revised as of March 20, 2008 which is on file with the department of conservation and recreation and the clerks of the senate and house of representatives. Temporary work space and access road easements shall revert to the commonwealth upon completion of the initial construction and restoration of the easement areas. Modifications to the easement referenced herein may be made in order to conform to the requirements of the Massachusetts Water Resources Authority, the division of capital asset management and maintenance, the department of conservation and recreation, the city of Somerville and a final land survey which shall be accepted by the division of capital asset management and maintenance and the department of conservation and recreation before any conveyance is made pursuant to this section.

SECTION 3. The commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation and the city of Somerville, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, enter into an agreement extinguishing the easement established by a certain order of taking by the metropolitan district commission dated December 20, 1962 and recorded at the Middlesex south registry of deeds in book 10189, page 593, which easement is located in the city of Somerville and provides public access to Draw 7 park. The commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation and the city of Somerville, may, notwithstanding said sections 40E to 40J, inclusive, of said chapter 7, enter into an agreement for public access to Draw 7 Park and adjacent properties with FR Sturtevant Street, LLC. and its successors and assigns, subject to sections 5 and 6 and may agree to additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may determine, and which shall be memorialized in a land disposition agreement between the division and FR Sturtevant Street, LLC. The new easement is shown as “Easement 1.2+/- ac” and the modified easement is shown as a portion of the “Existing 40’ Driveway Easement 1.2+/-ac,” each shown on a certain plan of land entitled “DCR Exchange Plan”, prepared by Vanasse Hangen Brustlin, Inc. and dated August 7, 2007 and revised as of March 20, 2008, which is on file with the division of capital asset management and maintenance, the department of conservation and recreation and the clerks of the senate and house of representatives. Modifications to the easement referenced herein may be made in order to conform to the requirements of the division of capital asset management and maintenance, the department of conservation and recreation, the city of Somerville and a final land survey which shall be accepted by the division of capital asset management and maintenance and the department of conservation and recreation before any conveyance is made pursuant to this section.

SECTION 4. The commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation and the city of Somerville may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey a parcel of land located in the city of Somerville and currently under the control of the department of conservation and recreation to FR Sturtevant Street, LLC. its successors and assigns solely for the purpose of exchanging the approximately 1.8 acres of land, more or less, under the control of FR Sturtevant Street, LLC. and substantially as shown as “New DCR Land Dedication 1.8+/-ac” on a certain plan of land entitled “DCR Exchange Plan,” prepared by Vanasse Hangen Brustlin, Inc. and dated August 7, 2007 and revised as of March 20, 2008, for the “Assembly Square Mixed Use Redevelopment”, subject to sections 5 and 6 and any additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation and the city of Somerville, may determine and which shall be memorialized in a land disposition agreement between the division and FR Sturtevant Street, LLC. The division shall incorporate into the land disposition agreement the terms and conditions of the memorandum of agreement provided for in section 7. The parcel is a portion of the land more particularly described in a certain order of taking by the metropolitan district commission dated December 20, 1962 and recorded at the Middlesex south registry of deeds in Book 10189, page 593. The parcel is shown as “Boat Storage Exchange 1.5+/- ac” on a certain plan of land entitled “DCR Exchange Plan”, prepared by Vanasse Hangen Brustlin, Inc. and dated August 7, 2007 and revised as of March 20, 2008, which is on file with the division of capital asset management and maintenance, the department of conservation and recreation and the clerks of the senate and house of representatives. Modifications to the parcel referenced herein may be made in order to conform to the requirements of the division of capital asset management and maintenance, the department of conservation and recreation, the city of Somerville and a final land survey which shall be accepted by the division of capital asset management and maintenance and the department of conservation and recreation before any conveyance is made pursuant to this section.

SECTION 5. No instrument executed pursuant to sections 1 to 4, inclusive, shall be valid unless it provides that the easement or parcel conveyed shall be used solely for the purposes described in said section 1 to 4, as applicable. The easement instruments authorized in sections 1 and 2 shall include a reversionary clause that stipulates the property shall revert to the commonwealth and be assigned to the care, custody and control of, the department of conservation and recreation, upon such terms and conditions as the commissioner of capital asset management and maintenance may determine, if the property ceases to be used for the express purposes for which it was conveyed. No conveyance on behalf of the commonwealth pursuant to section 4 shall be valid unless, the deed provides that the property shall be used solely for the purposes described in said section 4. The deed shall include a reversionary clause that stipulates that the property shall revert to the commonwealth and be assigned to the care, custody and control of the department of conservation and recreation if the property ceases to be used for the express purposes for which it was conveyed. If any of these easements 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.

SECTION 6.
There shall be an independent appraisal of the easements described in sections 1 to 3, inclusive, and of the conveyance described in section 4 to determine the fair market value or the value in use as proposed. Consideration for the conveyances shall be the fair market value, or the value in use, whichever is greater, as determined by the commissioner of capital asset management. The grantees shall assume all costs associated with engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyances authorized by this act. All consideration paid to the commonwealth as a result of the conveyances authorized by this act shall be deposited in the Division of Urban Parks Trust Fund established in section 34 of chapter 92 of the General Laws. The commissioner of capital asset management and maintenance shall submit each appraisal and a report thereon to the inspector general for his review and comment. The inspector general shall review and approve the appraisal and the review shall include an examination 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 capital asset management and maintenance. The commissioner of capital asset management and maintenance shall submit the appraisal, his report and the inspector general’s review, approval and comments, if any, to the senate and house committees on ways and means and to the senate and house chairs of the joint committee on bonding, capital expenditures and state assets before the execution of the conveyances.

SECTION 7. To ensure a no-net-loss of lands protected for natural resource purposes, FR Sturtevant Street, LLC. shall convey or cause to be conveyed to the commonwealth lands or interest in lands to be held by the department of conservation and recreation for conservation or recreation purposes. The land or interest in land shall be of equal or greater size and resource values than the parcel described in section 4, as determined by the department. The department shall not declare any interest in land under its care and control as surplus unless the department and FR Sturtevant Street, LLC. execute a memorandum of agreement that details all mitigation commitments made to the department by FR Sturtevant Street, LLC. on account of the entire project and the conditions and milestones for completing each mitigation element.

Approved August 6, 2008


Error