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 capital asset management and
maintenance may, notwithstanding sections 40E to 40J, inclusive, of
chapter 7 of the General Laws, grant to Tufts University, a nonprofit
educational institution, a non-exclusive easement for vehicular and pedestrian
access and
utility services to and from Westboro road, state highway route 30, for all
purposes for
which public and private streets are used in the town of Grafton, in, over,
through and under those traveled ways to which the general public currently has
no legal
right of access located on the commonwealth's adjoining property. Such ways
are shown on sheet 1 of 3 of that certain plan entitled "Plan of Land,
Grafton-Westborough, Massachusetts," dated August 31, 1978, prepared by
Harry R. Feldman, Inc., recorded with the Worcester county registry of deeds
in Plan Book 456, Page 31. The university may, at its expense, widen or
improve the easement areas to the extent necessary to provide reasonable access
to and from Westboro road, state highway route 30, or as otherwise required by
the town of
Grafton or any other governmental authority in connection with the development
of the university's Science Park or School of Veterinary Medicine. The exact
boundaries of the easement area shall be determined by the commissioner after
completion of a survey prepared by and at the expense of the university and the
easement shall be subject to such reasonable conditions as the commissioner
shall deem necessary to protect the value of the commonwealth's adjacent
property.
SECTION 2.
The commissioner of capital asset management and
maintenance shall submit the instruments or agreements granting the easement
authorized by this act and any subsequent amendments thereof 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.
SECTION 3.
The easement shall permit certain
roadway improvements to be constructed by the town of Grafton on the Tufts
University's campus with proceeds secured by the town of Grafton from the
commonwealth through grants under the public works economic development and
community development action grant programs with access to and from Westboro
road, state highway route 30, over the commonwealth's burdened property in
order to
provide for a safe and efficient flow of traffic. The easement shall also
facilitate the development of the university's science park and, accordingly,
benefit the commonwealth under a profit sharing agreement between
the university
and the commonwealth, dated June 6, 1994, pursuant to which the commonwealth
is entitled to a portion of the profits, if any, ultimately derived from the
development of the university's science park previously authorized by the
general court. The commonwealth, deriving such benefits from the use by the
university and its successors of the easements authorized hereby, shall require
no further consideration from the university for the use of such easements,
excepting only the cost of such improvements to the burdened property that the
university may elect to make.
SECTION 4.
Nothing in this act shall be interpreted as limiting or
otherwise affecting any provision of chapter 644 of the acts of 1974,
section 42 of chapter 367 of the acts of 1978, chapter 315 of the acts of
1992 or any agreement executed and delivered in accordance with these acts.
Approved December 5, 2003.