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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE MASSACHUSETTS WATER RESOURCES AUTHORITY TO DISPOSE OF REAL PROPERTY LOCATED IN THE CITY OF QUINCY AND TO GRANT AN ACCESS EASEMENT UPON REAL PROPERTY OF THE MASSACHUSETTS WATER RESOURCES AUTHORITY LOCATED IN THE CITY OF QUINCY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the acquisition of land essential for the operation and improvement of sewer and waterworks systems, 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, but subject to subsection (d) of section 9 of chapter 372 of the acts of 1984, the Massachusetts Water Resources Authority may convey to March Fourth, LLC, a Delaware limited liability company, a certain parcel of land owned by the Massachusetts Water Resources Authority in the city of Quincy consisting of 18,207 square feet as described in section 4. The conveyance shall be subject to a permanent easement, which shall be retained by the Massachusetts Water Resources Authority for existing pneumatic lines along the north side of a building currently located on the parcel for the uninterrupted use of the pneumatic lines and the right to maintain, repair or replace the pneumatic lines and other related appurtenances.

SECTION 2. Notwithstanding any general or special law to the contrary, but subject to subsection (d) of section 9 of chapter 372 of the acts of 1984, the Massachusetts Water Resources Authority may grant a non-exclusive access easement to March Fourth, LLC, a Delaware limited liability company, upon a certain parcel of land owned by the Massachusetts Water Resources Authority in the city of Quincy consisting of 882 square feet as described in section 5.

SECTION 3. In consideration for the conveyance and grant of easement, described in sections 1 and 2, March Fourth, LLC shall convey a permanent right and easement upon a certain parcel of land in the city of Quincy consisting of 11,508 square feet owned by March Fourth, LLC to the Massachusetts Water Resources Authority for use by the Massachusetts Water Resources Authority or Fore River Railroad Corporation, a Massachusetts corporation wholly owned by the Massachusetts Water Resources Authority, as a railroad right of way, including the right to operate locomotives and trains across the parcel and to construct, maintain, repair or replace railroad bed and track and other appurtenances related to the operation of a railroad and maintenance of the railroad right of way over the parcel. The parcel, described generally as located off South Street, is depicted as easement “A” on a plan entitled “Plan of Land, South Street in Quincy Massachusetts (Norfolk County) Fore River Shipyard”, dated April 11, 2013 and prepared by BSC Group, Inc., which shall be recorded with the easement of said parcel.

SECTION 4. The conveyance in section 1 to March Fourth, LLC of a certain parcel of land owned by the Massachusetts Water Resources Authority and situated on the southerly side of South street in the city of Quincy, Norfolk county is more particularly bounded and described as follows: beginning at a point on line of land now or formerly of March Fourth, LLC, said point bearing S06°07’48”E a distance of 6.84 feet from a northeasterly corner of said property now or formerly of March Fourth, LLC; thence N84°00'54"E, by the approximate northerly line of building 11, a distance of 151.05 feet to a point; thence S06°07'48"E, by the approximate easterly line of building 11, a distance of 120.53 feet to a point; thence S84°00'54"W, by the approximate southerly line of building 11, a distance of 151.74 feet to a point, the previous 3 courses and distances over and across land now or formerly of Massachusetts Water Resources Authority; thence N20°25'24"E a distance of 1.53 feet to a point; thence N06°07'48"W a distance of 119.16 feet to the point of beginning, the previous 2 courses and distances by said land now or formerly of March Fourth, LLC.
The above described parcel of land contains an area of 18,207 square feet, more or less, or 0.418 acres, more or less, and is more particularly shown as area “C” on a plan entitled “Plan of Land, South Street in Quincy Massachusetts (Norfolk County) Fore River Shipyard”, dated April 11, 2013 and prepared by BSC Group, Inc., which shall be recorded with the deed of said parcel.

SECTION 5. The grant of a non-exclusive access easement in section 2 to March Fourth, LLC upon a certain parcel of land owned by the Massachusetts Water Resources Authority situated on the southerly side of South street in the city of Quincy, Norfolk county, is more particularly bounded and described as follows: beginning at a stone bound at a northwesterly corner of land now or formerly of Massachusetts Water Resources Authority; thence N85°13'26"E by land now or formerly of March Fourth, LLC a distance of 42 feet to a point; thence S39°45'59"W over and across said land now or formerly of Massachusetts Water Resources Authority a distance of 58.92 feet to a point; thence N05°41'28"W by said land now or formerly of March Fourth, LLC a distance of 42 feet to the point of beginning.

The above described parcel of land contains an area of 882 square feet, more or less, or 0.020 acres, more or less, and is more particularly shown as easement “B” on a plan entitled “Plan of Land, South Street in Quincy Massachusetts (Norfolk County) Fore River Shipyard”, dated April 11, 2013 and prepared by BSC Group, Inc., which shall be recorded with the easement of said parcel.

Approved, August 2, 2013.