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The 192nd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE MASSACHUSETTS DEPARTMENT OF TRANSPORTATION TO RELEASE ITS INTEREST BY DEED OR TO GRANT AN EASEMENT IN A CERTAIN PARCEL OF LAND IN THE CITY OF FALL RIVER

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

(a)  Notwithstanding sections 3 and 20 of chapter 6C of the General Laws or any other general or special law to the contrary, the Massachusetts Department of Transportation may release its interest in, or grant an easement to, a parcel of land in the city of Fall River, currently owned by the department and described in an instrument recorded with the Fall River district registry of deeds at book 1395, page 23 and held by the city of Fall River by an easement and license, to Eric J. Lepage and Carol A. Lepage, their heirs, successors and assigns for purposes of continuing to use the land and improvements within the conveyed area.

(b)  The parcel of land that the release deed or easement shall apply is located on the south side of 439 Martine street in the city of Fall River, containing 2,741 square feet, more or less, and is shown on a plan of land entitled “Survey Worksheet”, dated September 1, 2017, revised June 3, 2020 and prepared by Mount Hope Engineering, Inc, which shall be recorded with the Fall River district registry of deeds.

(c)  The parcel shall be conveyed by release deed or easement without warranties or representations by the department upon such terms and conditions as the department deems necessary or advisable. The grantee agrees to assume the cost of any appraisals, surveys and other expenses deemed necessary by the department to execute the release or easement pursuant to this act.

(d)  As consideration for the release deed or easement authorized in this act, the grantees shall pay to the commonwealth an amount equal to the fair market value of the department’s interest in the parcel of land authorized to be released or granted under this act, as determined by an independent appraisal prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the department.

Approved, August 5, 2020.