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Session Law

2011

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Chapter 75 AN ACT PROVIDING FOR THE ABANDONMENT OF A CERTAIN WAKEFIELD SEWER EASEMENT.

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 40I, inclusive, of chapter 7 of the General Laws, the commissioner of the division of capital asset management and maintenance, in consultation with the executive director of the Massachusetts Water Resources Authority, may release by deed or other instrument for the benefit of Conger Wakefield Realty Trust, owner of the premises known and numbered as 0 Meadow lane, Wakefield, Massachusetts, and its successors or assigns, a certain sewer easement, or portion of the sewer easement, in the town of Wakefield, recorded at Middlesex south registry of deeds at book 4213, page 25, no longer needed for the construction, maintenance or operation of the Massachusetts Water Resources Authority sewer system. The easement is more particularly shown in a plan on file at the division of capital asset management and maintenance entitled “Sketch Plan in Wakefield, Mass. Showing Abandonment of 15’ wide Metropolitan District Commission Force Main Easement on Lot C,” dated November 26, 2007, prepared by Hayes Engineering, Inc. The exact boundaries of the easement to be released shall be determined by the commissioner of the division of capital asset management and maintenance after the completion of a land survey in consultation with the Massachusetts Water Resources Authority.

SECTION 2. The abandonment and release of the easement shall be in accordance with the terms and conditions, as the commissioner of the division of capital asset management and maintenance shall prescribe, in consultation with the Massachusetts Water Resources Authority.

SECTION 3. The consideration for the release shall be the before and after market value of the premises known and numbered as 0 Meadow lane, Wakefield, Massachusetts, as determined by the commissioner of the division of capital asset management and maintenance pursuant to an independent professional appraisal and the inspector general shall review and approve the appraisal. The inspector general shall prepare a report of his review of the methodology utilized for the appraisal and shall file the report with the commissioner of the division of capital asset management and maintenance within 60 days of receipt of the appraisal report. The commissioner of the division of capital asset management and maintenance shall submit the appraisal report 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 execution of the release.

SECTION 4. The owner of land benefiting from the partial release of the easement shall be responsible for any costs for surveys, appraisals, recording and other expenses relating to the release, or for any costs and liabilities of any nature and kind for its development, maintenance or operation.

Approved, July 20, 2011.


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