Session Laws

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. The division of capital planning and operations, acting in the name and on behalf of the commonwealth, is hereby authorized to grant, by deed approved as to form by the attorney general, the following easements in land located in the town of Tewksbury under the control of the department of public health for sewer purposes to the town of Tewksbury.

An easement 20 feet in width running from land of Hupper Realty Trust Northwesterly to an existing 20 foot sewer easement being shown on a plan entitled "Easement Plan of Land in Tewksbury, Massachusetts, prepared for the Town of Tewksbury, July 2, 1984, William G. Troy & Associates" which plan is to be recorded herewith and being more specifically bounded and described as follows:

BEGINNING at a point on the boundary line between land of Kathleen R. Hupper et al, Trustees of Hupper Realty Trust and land of Commonwealth of Massachusetts as shown on said plan; thence

NORTH 25<= 23' 39" West, 138.40 feet to a point; thence

NORTH 70<= 21' 30" West, 342.81 feet to a point at "Existing 20' Sewer Easement" as shown on said plan; thence

SOUTHWESTERLY along said easement 20 feet to a point; thence

SOUTHEASTERLY 337.33 feet to a point; thence

SOUTHEASTERLY 122.28 feet to the aforesaid boundary line; thence

SOUTHEASTERLY 20 feet to the point of beginning.

Said division is hereby authorized to grant two temporary construction easements, each fifty feet wide running parallel to and along both sides of the sewer easement. Said easements are for the purpose of installation and maintenance of a permanent sewer line through the premises including the right to make repairs when necessary. The temporary construction easements shall expire at such time as the sewer line is completed; provided, however, that grantee or its assigns shall have the right to go on said temporary easements for the purpose of making repairs to said sewer line.

Consideration to be paid for said easements shall be the average of three independent appraisals. The appraisers shall be selected by the division of capital planning and operations in consultation with the executive office of human services. The costs of preparing these appraisals and all other expenses relative to acquiring this easement shall be the responsibility of the developer.

SECTION 2. The division of capital planning and operations acting for and on behalf of the commonwealth is hereby authorized to grant by deed, approved as to form by the attorney general, to the town of Tewksbury the following easements in land located in said town, under the control of the department of public health to be used for the installation and maintenance of a permanent sewer line, including the right to make necessary repairs.

An easement being shown on a plan entitled "Plan of Easements in Tewksbury, Massachusetts for Sewer Main Construction and Maintenance as ordered by the Board of Selectmen/Public Works Scale 1"=40', April 2, 1985, William G. Troy & Associates" which plan is to be recorded herewith and being more specifically bounded and described as follows:

BEGINNING at a point which is 25 feet northerly of East Street at land of the town of Tewksbury, thence

NORTH 40< 36' 47" West at a distance of 33 feet by land of the town of Tewksbury to a point, thence

SOUTH 77< 00' 00" East at a distance of 245 feet more or less, to the northerly line of East Street, thence

WESTERLY, a distance of 95 feet, more or less by the northerly line of East Street to a point, thence

NORTH 77< 00' 00" West a distance of 128 feet, more or less to the point of beginning, together with a 15 foot wide temporary construction easements along the northeasterly and southwesterly sides of the aforementioned parcel.

Said temporary construction easements shall expire upon the completion of the sewer line, provided, however, the grantee and its assigns shall have the right to enter on said temporary easements for the purpose of repairing said sewer line.

Consideration to be paid for said easements shall be the average of three independent appraisals. The appraisers shall be selected by the division of capital planning and operations in consultation with the executive office of human services. The costs of preparing these appraisals and all other expenses relative to acquiring these easements shall be the responsibility of the developer.