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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY AN EASEMENT OVER CERTAIN PARK LAND TO THE CITY OF BOSTON.

     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 32 to 38, inclusive of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may grant an easement to the city of Boston and its successors and assigns, to lay, construct, access, maintain and operate a subsurface storm water drain pipe and maintaining the same on land described in section 2 and located in the city of Boston, the land being currently owned by the commonwealth under the care and control of the department of conservation and recreation for conservation and recreation purposes.
     SECTION 2.  The easement authorized in section 1 shall be for an approximately 16 inch subsurface drain pipe in Prince street park on Commercial street in the city of Boston.  The easement shall contain approximately 495 square feet of land and shall begin at the northwest corner of 585 Commercial street. The dimensions of the easement area are further detailed on a plan of land entitled “Storm Water Drain Easement Eliot Innovation School,” dated June 28, 2016 and prepared by Nitsch Engineering.  The dimensions of the easement shall be further reviewed and confirmed by the commissioner of capital asset management and maintenance in consultation with the commissioner of conservation and recreation after review of the survey details. Modifications to the easement description set forth in the plan may be made by the commonwealth for conformance with this act. The easement shall be granted without warranties or representations by the commonwealth. The final plan and grant of easement shall be recorded in the Suffolk county registry of deeds.
     SECTION 3.  The fair market value of the easement described in section 2 shall be based on an independent professional appraisal commissioned by the commissioner of capital asset management and maintenance. As a condition for the grant of easement authorized in this act, the city of Boston shall compensate the commonwealth in an amount equal to the full and fair market value or the value in use of the easement as proposed, whichever is greater, as determined by the independent appraisal. The payment shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws and used by the commonwealth to fund the acquisition of land or an interest therein. The city of Boston shall assume all costs associated with any engineering, survey, appraisal, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the grant of easement authorized in this act. The commissioner of capital asset management and maintenance shall submit the appraisal and a report thereon to the inspector general. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of the review and file the report with the commissioner of capital asset management and maintenance.  The commissioner shall submit copies of the appraisal, the report thereon and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the house and senate chairs of the joint committee on state administration and regulatory oversight prior to the execution of the grant of easement authorized in this act.
     SECTION 4.  Notwithstanding any general or special law to the contrary, beginning on the effective date of this act, the department of conservation and recreation may grant a temporary license, not to exceed 2 years, for nominal consideration to the city of Boston to provide the city of Boston with immediate and complete access to, control of and liability and responsibility for the property described in section 2 and, for the purposes of this act, govern until the grant of easement authorized in this act takes effect.
     SECTION 5.  No instrument granting by or on behalf of the commonwealth an easement described in this act shall be valid unless the instrument states that the easement shall be used solely for the purposes described in this act. The easement instrument shall state that if the easement ceases to be used by the city of Boston or its successors or assigns for the purposes described in this act, the easement shall revert to the commonwealth under the control of and use by the department of conservation and recreation upon such terms and conditions as the commissioner of capital asset management and maintenance may determine. If the easement reverts to the commonwealth, any further disposition of the easement shall be subject to sections 32 to 38, inclusive, of chapter 7C of the General Laws and the prior approval of the general court. The terms of the easement shall require that for any installation, maintenance, repair or other work performed in the easement area, the easement holder shall not limit surface access to parkland for a period of time longer than that deemed acceptable by the department of conservation and recreation and shall restore the surface condition to the equivalent or better condition as determined by the department.

Approved, August 10, 2016