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  • Acts
  • 2010
  • Chapter 245 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE CITY OF SOMERVILLE TO THE SOMERVILLE HOUSING AUTHORITY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the division of capital asset management and maintenance to convey a certain parcel of land in the city of Somerville for the creation of affordable housing for elderly residents, 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 department of conservation and recreation and the Massachusetts Water Resources Authority, may convey, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, by deed, to the Somerville housing authority, a political subdivision of the commonwealth, a certain parcel of land located at 485 Mystic Valley parkway a/k/a 149 Capen street in the city of Somerville and consisting of approximately 1.39 acres, together with approximately 25,000 gross square feet of building space and associated infrastructure, most recently used as a waterworks system under chapter 372 of the acts of 1984. The parcel’s approximate location is shown on a plan entitled “Easement Plan of Land, Capen Court Senior Housing, 1 Capen Court, Plan of Land in Somerville, Massachusetts” prepared by Design Consultants, Inc. dated January 16, 2008, which plan is on file with the commissioner of capital asset management and maintenance and recorded at the Middlesex south registry of deeds, book 52011, pages 361 and 362. The exact boundaries of the property shall be determined by the commissioner, based on a survey. The deed shall contain an acknowledgement that the Mystic Valley parkway and the Alewife Brook parkway are parkways which have been designated and restricted to pleasure vehicles only by the department of conservation and recreation and that the use of the Mystic Valley parkway and the Alewife Brook parkway is subject to the generally-applicable regulations for such parkways of the department of conservation and recreation, as such regulations may be amended.
The conveyance of the parcel described in this section shall reserve non-exclusive permanent volumetric easements for the benefit of the commonwealth and the Massachusetts Water Resources Authority for a 30 inch water main and a 60 inch water main currently existing on the parcel, such easements to be shown on plans to be approved by the commissioner. The easements may be used to access, maintain, repair and reconstruct the existing water lines and related equipment currently held by the Massachusetts Water Resources Authority existing within the reserved permanent volumetric easements. The easements shall be 35 feet in width, measuring a distance of at least 15 feet on either side of the existing pipeline and shall extend the full length of the pipeline on the parcel. The easements shall be non-exclusive; provided, however, that, unless the written consent of the Massachusetts Water Resources Authority is obtained, no buildings or structures shall be erected or maintained in or upon any part of the easements nor shall any trees or shrubs be planted. Subject to the prior review and approval of the Massachusetts Water Resources Authority, the easement and pipeline may be relocated at the sole expense of the fee owner.

SECTION 2. The purchaser of the parcel conveyed under section 1 shall pay a consideration of $1. Additional consideration for the conveyance of the parcel shall be the undertaking to complete and operate affordable senior housing on the parcel under certain use restrictions and regulatory agreements to be entered into in connection with the affordable housing subsidies granted with respect to the parcel.

SECTION 3. The commissioner of capital asset management and maintenance, 30 days before the execution of a deed authorized by this act or any subsequent amendment thereof, shall submit the deed or amendment and a report thereon to the inspector general for the inspector general’s review and comment. The inspector general shall issue the review and comment within 15 days of receipt of a deed or amendment. The commissioner shall submit the deed 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 joint committee on state administration and regulatory oversight at least 15 days before the execution of the deed.

SECTION 4. The purchaser shall be responsible for all costs associated with the conveyance authorized by this act, including, but not limited to, any appraisal, survey, recording or legal costs and any other expenses incurred by the commonwealth in connection with the conveyance and shall be responsible for all costs, liabilities and expenses of any nature and kind for its ownership and use.

SECTION 5. The use of the parcel shall be restricted to the development and operation of affordable senior housing under section 2. If the property ceases to be used for such purpose, title to the property shall, after notice and an opportunity to cure from the commonwealth, revert to the commonwealth.

Approved August 5, 2010