Bill Summary – FastDemocracy

HOUSE . . . . . . . No. 4649
           The Commonwealth of Massachusetts
                    ______________________________________
                     HOUSE OF REPRESENTATIVES, April 16, 2020.
   The committee on Ways and Means, to whom was referred the Bill
providing for the abandonment of a certain sewer line easement in West
Roxbury (House, No. 3951), reports recommending that the same ought to
pass with an amendment substituting therefor a bill with the same title
(House, No. 4649).
                             For the committee,
                                                    AARON MICHLEWITZ.
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                                                      FILED ON: 4/16/2020
      HOUSE . . . . . . . . . . . . . . . No. 4649
                                The Commonwealth of Massachusetts
                                                      _______________
                                     In the One Hundred and Ninety-First General Court
                                                       (2019-2020)
                                                      _______________
     An Act providing for the abandonment of a certain sewer line easement in West Roxbury.
             Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
     provide forthwith for the division of capital asset management and maintenance to release a
     certain easement in the West Roxbury section of the city of Boston, 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:
 1           SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
 2   Laws, the commissioner of capital asset management and maintenance, in consultation with the
 3   executive director of the Massachusetts Water Resources Authority, may release by deed or other
4    instrument for the benefit of James C. Jones and Gerald B. O’Grady, Trustees of the James E.
 5   Clair Sr. Trust, owner of the premises located at 1515 VFW parkway in the West Roxbury
 6   section of the city of Boston, its successors or assigns, a portion of a sewer easement located on
 7   real property owned by said trust. The easement was the subject of an order of taking by the
8    commonwealth, office of metropolitan sewage commissioners, dated June 5, 1897, recorded with
 9   the Suffolk county registry of deeds in book 2448, page 6, and confirmed by a grant of easement
10   dated November 18, 1901, recorded with said Suffolk county registry of deeds in book 2790,
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11   page 538, for the purpose of constructing, operating, maintaining, repairing and replacing
12   sewers, drains, manholes and appurtenances and the portion of the easement to be released is
13   shown on a plan titled “Plan Showing M.W.R.A. Easement 1515 Veterans of Foreign Wars
14   Parkway Boston (West Roxbury) Mass.” prepared by Feldman Land Surveyors, dated May 1,
15   2019, which is on file with the Massachusetts Water Resources Authority and the division of
16   capital asset management and maintenance. The exact boundaries of the easement to be released
17   shall be determined by the division of capital asset management and maintenance in consultation
18   with the Massachusetts Water Resources Authority based upon a survey.
19          SECTION 2. The release of the portion of the easement described in section 1 shall be in
20   accordance with such terms and conditions as the commissioner of capital asset management and
21   maintenance, in consultation with the executive director of the Massachusetts Water Resources
22   Authority, shall prescribe.
23          SECTION 3. The consideration for the release of the easement pursuant to this act shall
24   be the full and fair market value as determined by the commissioner of capital asset management
25   and maintenance based on an independent professional appraisal. The commissioner shall submit
26   the appraisal to the inspector general for review and comment. The inspector general shall
27   review such appraisal, including, but not limited to, an examination of the methodology utilized
28   for the appraisal. The inspector general shall prepare a report of such review and file the report
29   with the commissioner. The commissioner of capital asset management and maintenance shall
30   submit copies of the appraisal and the inspector general’s report and approval and comments, if
31   any, to the house and senate committees on ways and means and the joint committee on state
32   administration and regulatory oversight prior to the execution of documents affecting the release
33   of the easement authorized by this act.
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34          SECTION 4. The James E. Clair Sr. Trust, owner of the land, shall benefit from the
35   release of the easement pursuant to this act, and shall be responsible for any costs for surveys,
36   appraisals, recording fees and other expenses relating to the release of the easement.
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