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HOUSE DOCKET, NO. 1159 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 3125
The Commonwealth of Massachusetts
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PRESENTED BY:
Marcus S. Vaughn
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing the release of a certain sewer easement in the town of Norfolk.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marcus S. Vaughn9th Norfolk1/18/2023 1 of 5
HOUSE DOCKET, NO. 1159 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 3125
By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 3125) of
Marcus S. Vaughn that the commissioner of the Division of Capital Asset Management and
Maintenance be authorized to release a certain sewer easement in the town of Norfolk. State
Administration and Regulatory Oversight.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 5102 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the release of a certain sewer easement in the town of Norfolk.
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 town of Norfolk, 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. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
2General Laws, the commissioner of capital asset management and maintenance, in consultation
3with the commissioner of correction, may release by deed or other instrument for the benefit of:
4 (1) Thirty Eight Main Street Realty Trust, owner of the premises located at 38 Main street
5in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on said
6real property owned by said trust; 2 of 5
7 (2) RASCO Realty Trust, owner of the premises located at 48 Seekonk street in the town
8of Norfolk, its successors or assigns, the portion of a sewer easement located on said real
9property owned by said trust;
10 (3) Everett Benton and Linda Benton, owners of the premises located at 19 King Philip
11trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located
12on said real property owned by said persons;
13 (4) K&M Property Management LLC, owner of the premises located at 17 King Philip
14trail in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on
15said real property owned by said K&M Property Management LLC;
16 (5) John Knox and Linda Knox, owners of the premises located at 15 King Philip trail in
17the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said
18real property owned by said persons;
19 (6) Louise D. Rachin Revocable Trust, owner of the premises located at 11 King Philip
20trail in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on
21said real property owned by said trust;
22 (7) James Ricciardi and Mary Ricciardi, owners of the premises located at 9 King Philip
23trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located
24on said real property owned by said persons;
25 (8) Richard Schmidt and Susan Schmidt, owners of the premises located at 7 ½ King
26Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement
27located on said real property owned by said persons; 3 of 5
28 (9) Ellen Cargill, owner of the premises located at 7 King Philip trail in the town of
29Norfolk, their successors or assigns, the portion of a sewer easement located on said real
30property owned by said person;
31 (10) Paul Roach and Kevin Roach, owners of a premises located on Campbell street in
32the town of Norfolk, more particularly described in a deed recorded with the Norfolk county
33registry of deeds in book 17892, page 392, their successors or assigns, the portion of a sewer
34easement located on said real property owned by said persons;
35 (11) Bonnie G.C. McLaughlin and Robin Haeuser, owners of the premises located at 23
36Campbell street in the town of Norfolk, their successors or assigns, the portion of a sewer
37easement located on said real property owned by said persons;
38 (12) Matthew Awad, owner of the premises located at 31 Campbell street in the town of
39Norfolk, their successors or assigns, the portion of a sewer easement located on said real
40property owned by said person;
41 (13) The town of Norfolk, owner of the premises located at 22 Campbell street and on
42King Philip trail in said town of Norfolk, more particularly described in a deed recorded with the
43Norfolk county registry of deeds in book 30128, page 584 and book 25488, page 308, the portion
44of a sewer easement located on said real property owned by said town; and
45 (14) NextGrid Patriots LLC, owner of the premises located on Lincoln road in the town
46of Norfolk, more particularly described in a deed recorded with the Norfolk county registry of
47deeds in book 37855, page 256, its successors or assigns, the portion of a sewer easement located
48on said real property owned by said NextGrid Patriots LLC. 4 of 5
49 The easement was taken by the department of correction for sewage disposal purposes in
50an order of taking dated October 29, 1930, recorded with the Norfolk county registry of deeds in
51book 1912, page 63. The easement is shown on a plan titled, “Commonwealth of Massachusetts,
52Department of Correction, State Prison Colony, Norfolk, Mass., Sewer Right of Way” prepared
53by Bayard F. Snow, dated October 29, 1930, which is on file with the Norfolk registry of deeds
54in plan book 112, pages 813 and 814. The exact boundaries of the easement to be released to
55each owner named in this section shall be determined by the division of capital asset
56management and maintenance, in consultation with the department of correction, based upon a
57survey.
58 SECTION 2. The release of the portion of the easement described in section 1 shall be in
59accordance with such terms and conditions as the commissioner of capital asset management and
60maintenance, in consultation with the commissioner of correction, shall prescribe.
61 SECTION 3. The consideration for the release of the easement pursuant to this act shall
62be the full and fair market value as determined by the commissioner of capital asset management
63and maintenance based on an independent professional appraisal. The commissioner shall submit
64the appraisal to the inspector general for review and comment. The inspector general shall
65review such appraisal, including, but not limited to, an examination of the methodology utilized
66for the appraisal. The inspector general shall prepare a report of such review and file the report
67with the commissioner. The commissioner shall submit copies of the appraisal and the inspector
68general’s report and approval and comments, if any, to the house and senate committees on ways
69and means and the joint committee on state administration and regulatory oversight prior to the
70execution of documents affecting the release of the easement authorized by this act. 5 of 5
71 SECTION 4. The owners of the land named in section 1 shall benefit from the release of
72the easement pursuant to this act and shall be responsible for any costs for surveys, appraisals,
73recording fees and other expenses relating to the release of the easement.