HOUSE DOCKET, NO. 94349 FILED ON: 11/18/2009
HOUSE . . . . . . . . . . . . . . No. 4349
The Commonwealth of Massachusetts
The Committee on Ways and Means to whom was referred the Bill authorizing the Division of Capital Asset Management and Maintenance to transfer certain land in the city of M arlborough to Michael Audette (House, No. 4339 ) , reports that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4349) .
For the committee,
Charles A. Murphy.
The Commonwealth of Massachusetts
In the Year Two Thousand and Nine
An Act AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO TRANSFER AN EASEMENT IN CERTAIN LAND IN THE TOWN
OF NATICK TO MICHAEL AUDETTE.
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. N otwithstanding the provis ions of sections 40E through 40I , inclusive, of ch apter 7 of the General Laws, or any other general or special law to the contrary , the commissioner of the division of capital asset management and maintenance, in consultation with the Massachusetts water resources authority, may grant to Michael Audette, his heirs, successors and assigns, an easement for right of way and parking purposes on certain commonwealth land located in the town of Natick and now under the care and control of the Massachusetts water resources authority for waterworks purposes, said land having been most recently used as part of the Cochituate aqueduct, said easement being further described in a plan of land dated March 26, 2009, entitled “’ Plan Showing Proposed Access & Egress Easement in Natick, Mass, Over Massachusetts Water Resour ces – Cochituate Aqueduct Land, To Be Granted To Michael A. Audette ’ , Dated March 26, 2009, Survey By: MacCarthy & Sullivan Engineering, Inc. 205 Newbury Street, Framingham, Mass ”, said plan to be recorded in the Middlesex county south registry of deeds pr ior to the recording of said deed. The consideration for said grant of easement shall be the full and fair market value of said parcels as determined by the commissioner of the division of capital asset management and maintenance pursuant to 1 or more inde pendent professional appraisals. This parcel shall be conveyed by deed without warranties or representations by the commonwealth.
SECTION 2. Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the app raisal required pursuant to section 1. 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 , and copies of the same shall be filed with the house and senate committees on ways and means and with the joint committee on state administration and regulatory oversight. The commissioner of the division of capital asset management and maintenance shall, 30 days before the execution of the grant of easement authorized by this act, or any subsequent amendment thereto, submit the proposed grant of easement or amendment and a report thereon to the inspector general for his review and comment. The inspector gener al shall issue his review and comment within 15 days of receipt of the proposed grant of easement or amendment. The commissioner shall submit the proposed grant of easement or amendment, and 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 execution of the grant of easement . The proceeds of the easement authorized by of this act shall be deposited in the water shed land acquisition expendable trust account, #28221445, established by section 6 of chapter 6A of the General Laws, said proceeds to be used for future acquisition of water supply protection land s.
SECTION 3. Notwithstanding any general or special law to the contrary, the grantee shall be responsible for all costs and expenses associated with the grant of easement authorized by this act, including but not limited to any engineering, appraisal, su rvey, deed preparation, recording and legal costs, and any and all other expenses incurred by the commonwealth in connection with said grant of easement as such costs may be determined by the commissioner of the division of capital asset management and mai ntenance .
SECTION 4. Michael Audette and his agents, tenants or contractors shall agree to hold the commonwealth and its agents and employees harmless from and against all claims, actions, damages or costs claimed for injuries or damages to persons or pro perty arising out of, or in any way relating to, the grant of easement authorized by this act, and shall indemnify and defend the commonwealth , the Massachusetts water resources authority and their agents and employees from and against any and all such cla ims, actions, damages or costs.
SECTION 5. The grantee shall use the easement solely for right of way and parking purposes and the easement or other agreement pertaining to the grant of the easement shall include a provision restricting the use of the pro perty to such purposes and providing for a reversion of the property to the commonwealth if the property ceases to be so used or is used for any other purpose .