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. Notwithstanding the provisions of section forty H of chapter seven of the General Laws, the commissioner of capital planning and operation, in consultation with the department of environmental management, as to Tract Numbers 110-05, 110-15, 107-36 and 107-37 hereinafter described, is hereby authorized to grant easements by deed without consideration over certain parcels of land, including park and environmental land, located in the city of Lowell, to the United States of America for canal walkway development, for the maintenance and operation of the Mack building, so-called, and its facilities including, but not limited to, public exhibits, and for the activities related to all of the foregoing purposes pursuant to the Lowell National Historical Park act, consistent with the preservation plan developed pursuant to said act and such additional terms as said commissioner may prescribe in consultation with the department of environmental management. Said parcels are described as follows:

Tract 110-05 shall be the parcel conveyed by the city of Lowell to the commonwealth by deed, recorded with the Middlesex Northern District registry of deeds at Book 2285, Page 658. See also the plan recorded with said registry of deeds at Plan Book 125, Page 143.

Tract 110-15 shall be the parcel taken by the commonwealth by Order of Taking recorded with the Middlesex Northern District registry of deeds at Book 2343, Page 568.

Tract 107-36 shall consist of five parcels of land containing 15,766 square feet of land, more or less, conveyed to the Commonwealth by the Greater Lowell Family Y.M.C.A. by deed dated July 15, 1976 and recorded with the Middlesex Northern District registry of deeds at Book 2221, Page 2.

Tract 107-37 shall consist of two parcels of land situated along Shattuck street and described as follows:

Parcel I: The land situated on the Northwesterly side of Shattuck Street and the Northeasterly side of Market Street and described as follows:

Beginning at the Southerly corner of the granted premises at the intersections of Shattuck and Market Streets;

Thence, Northeasterly along Shattuck Street 103.55 feet more or less, to land conveyed by Herbert C. Merrill et ux to B&M Railroad by deed recorded with the Middlesex North District Registry of Deeds, Book 687, Page 549;

Thence, N 57<= 12' 37" W by said railroad land 64.35 feet, more or less;

Thence, Southwesterly by a line parallel with and distant Northwesterly 64.35 feet from the Northwesterly line of Shattuck Street (measured at right angles) 128.73 feet, more or less, to the Northeasterly line of Market Street;

Thence, Southeasterly along Market Street 14.4 feet more or less to a spike in the ground at the angle in Market Street;

Thence, Easterly still along Market Street 56.07 feet, more or less, to the point of beginning.

Excepting therefrom rights as were reserved to the proprietors of locks and canals by instrument dated May 11, 1906 and recorded with said registry of deeds in Book 390, Page 86, to the extent that said rights are still in full force and effect.

Parcel II: The land, together with the buildings and structures thereon, situated on the Northwesterly side of Shattuck Street, being Number 25 thereon, and bounded as follows:

Beginning on said Shattuck Street at the Easterly corner of the within premises;

Thence, Southwesterly along Shattuck Street a distance of 25.6 feet, more or less, to the location, now or formerly, of the Boston and Lowell Railroad;

Thence, Northwesterly along said land a distance of 58.46 feet, more or less;

Thence, Northerly along said land a distance of 5 feet, more or less;

Thence, Northeasterly along said land a distance of 23.16 feet, more or less;

Thence, Southeasterly along said land formerly of the Locks and Canals a distance of 63.46 feet, more or less, to the point of beginning.

Containing 1620 square feet of land, more or less.

Excepting therefrom are rights reserved to the proprietors of locks and canals by instrument dated May 11, 1906 and recorded with said Registry of Deeds in Book 390, Page 86, to the extent that said rights are still in full force and effect.

Both parcels being a portion of the premises taken by the Commonwealth of Massachusetts by Order of Taking dated November 2, 1977 and recorded with said registry of deeds at Book 2276, Page 589.

Said commissioner shall grant a right of reasonable access by foot and vehicle over adjacent lands to facilitate the installation and maintenance of improvements related to said easement.

SECTION 2. The easements granted pursuant to section one shall not be inconsistent with the commonwealth's use and operation of the canal system as a state park. Any improvements made on the above described parcels shall not interfere with the use, maintenance or operation by Boott Hydropower, Inc., their successors and assigns, for hydroelectric power production.

SECTION 3. In the event that the parcels of land referred to in section one to be used for purposes described herein or are used for any other purposes, all interest in said parcels shall revert to the commonwealth upon notice by the commissioner of capital planning and operations.

SECTION 4. The United States of America shall be responsible for any and all costs for appraisals, surveys and other expenses relating to the transfer of the easements herein and for all costs, liabilities and expenses of any nature and kind relating to the construction, maintenance, replacement and operation of the easement areas.

SECTION 5. This act shall take effect upon its passage.