Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is
to convey forthwith certain land in the town of Tewksbury for sewer purposes,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the
public convenience.
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 commissioner of the division of capital asset
management and maintenance may, notwithstanding the provisions of sections 40E
to 40I, inclusive, of chapter 7 of
the General Laws, convey a certain sewer easement and
construction easement in land of the commonwealth acquired for hospital
purposes located in the town of
Tewksbury to the Maple Estates Trust. The easements are shown on a plan of
land
entitled "Plan of easements in Tewksbury, Mass. for Sewer Main Construction and
Maintenance", dated May 17, 1993, drawn by William G. Troy and Associates,
which
is on file in the office of the board of selectmen of said town.
SECTION 2.
The consideration paid by the Maple Estates Trust for the
easements
shall be the full and fair market value of the property determined by the
commissioner of the division of capital asset management and maintenance based
upon
the
independent appraisal, for the use as described herein. The inspector
general
shall review and approve the appraisal and the review shall include a review
of
methodology utilized for the appraisal. Said inspector general shall prepare
a
report of his review and file the report with said commissioner for
submission
to the house and senate committees on ways and means and chairmen of the joint
committee on state administration in accordance with section 5.
SECTION 3.
The Maple Estates Trust shall be responsible for any costs
for
appraisals, surveys and other expenses relating to the transfer of the
easements,
or for any costs and liabilities and expenses of any nature and kind for their
maintenance or operation. In the event the easements cease to be used at any
time for the purposes contained herein, the easements shall terminate and all
interests therein shall automatically terminate and
revert to the care and control of the division of capital asset management and
maintenance upon the execution and recording with the Middlesex registry of
deeds by the commonwealth of a written notice of such termination and
reversion.
SECTION 4.
The sale price paid as consideration pursuant to
section 2
shall be
deposited in the General Fund.
SECTION 5.
The commissioner of the division of capital asset
management and maintenance shall, 30 days before the execution
of any
agreement authorized by this act, or any subsequent amendment thereof, submit
the agreement or amendment and a report thereon to the inspector general for
his
review and comment. Said inspector general shall issue his review and comment
within 15 days of receipt of any agreement or amendment. Said
commissioner
shall submit the agreement and any subsequent amendments thereof, the reports,
and the comments of said inspector general, if any, to the house and senate
committees on ways and means and the chairmen of the joint committee on state
administration at least 15 days prior to execution.
Approved December 7, 2000.