Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3125 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1159 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3125
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marcus S. Vaughn
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing the release of a certain sewer easement in the town of Norfolk.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marcus S. Vaughn9th Norfolk1/18/2023 1 of 5
16	16	HOUSE DOCKET, NO. 1159 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3125
18	18	By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 3125) of
19	19	Marcus S. Vaughn that the commissioner of the Division of Capital Asset Management and
20	20	Maintenance be authorized to release a certain sewer easement in the town of Norfolk. State
21	21	Administration and Regulatory Oversight.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 5102 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act authorizing the release of a certain sewer easement in the town of Norfolk.
30	30	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
31	31	provide forthwith for the division of capital asset management and maintenance to release a
32	32	certain easement in the town of Norfolk, therefore it is hereby declared to be an emergency law,
33	33	necessary for the immediate preservation of the public convenience.
34	34	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
35	35	of the same, as follows:
36	36	1 SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
37	37	2General Laws, the commissioner of capital asset management and maintenance, in consultation
38	38	3with the commissioner of correction, may release by deed or other instrument for the benefit of:
39	39	4 (1) Thirty Eight Main Street Realty Trust, owner of the premises located at 38 Main street
40	40	5in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on said
41	41	6real property owned by said trust; 2 of 5
42	42	7 (2) RASCO Realty Trust, owner of the premises located at 48 Seekonk street in the town
43	43	8of Norfolk, its successors or assigns, the portion of a sewer easement located on said real
44	44	9property owned by said trust;
45	45	10 (3) Everett Benton and Linda Benton, owners of the premises located at 19 King Philip
46	46	11trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located
47	47	12on said real property owned by said persons;
48	48	13 (4) K&M Property Management LLC, owner of the premises located at 17 King Philip
49	49	14trail in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on
50	50	15said real property owned by said K&M Property Management LLC;
51	51	16 (5) John Knox and Linda Knox, owners of the premises located at 15 King Philip trail in
52	52	17the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said
53	53	18real property owned by said persons;
54	54	19 (6) Louise D. Rachin Revocable Trust, owner of the premises located at 11 King Philip
55	55	20trail in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on
56	56	21said real property owned by said trust;
57	57	22 (7) James Ricciardi and Mary Ricciardi, owners of the premises located at 9 King Philip
58	58	23trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located
59	59	24on said real property owned by said persons;
60	60	25 (8) Richard Schmidt and Susan Schmidt, owners of the premises located at 7 ½ King
61	61	26Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement
62	62	27located on said real property owned by said persons; 3 of 5
63	63	28 (9) Ellen Cargill, owner of the premises located at 7 King Philip trail in the town of
64	64	29Norfolk, their successors or assigns, the portion of a sewer easement located on said real
65	65	30property owned by said person;
66	66	31 (10) Paul Roach and Kevin Roach, owners of a premises located on Campbell street in
67	67	32the town of Norfolk, more particularly described in a deed recorded with the Norfolk county
68	68	33registry of deeds in book 17892, page 392, their successors or assigns, the portion of a sewer
69	69	34easement located on said real property owned by said persons;
70	70	35 (11) Bonnie G.C. McLaughlin and Robin Haeuser, owners of the premises located at 23
71	71	36Campbell street in the town of Norfolk, their successors or assigns, the portion of a sewer
72	72	37easement located on said real property owned by said persons;
73	73	38 (12) Matthew Awad, owner of the premises located at 31 Campbell street in the town of
74	74	39Norfolk, their successors or assigns, the portion of a sewer easement located on said real
75	75	40property owned by said person;
76	76	41 (13) The town of Norfolk, owner of the premises located at 22 Campbell street and on
77	77	42King Philip trail in said town of Norfolk, more particularly described in a deed recorded with the
78	78	43Norfolk county registry of deeds in book 30128, page 584 and book 25488, page 308, the portion
79	79	44of a sewer easement located on said real property owned by said town; and
80	80	45 (14) NextGrid Patriots LLC, owner of the premises located on Lincoln road in the town
81	81	46of Norfolk, more particularly described in a deed recorded with the Norfolk county registry of
82	82	47deeds in book 37855, page 256, its successors or assigns, the portion of a sewer easement located
83	83	48on said real property owned by said NextGrid Patriots LLC. 4 of 5
84	84	49 The easement was taken by the department of correction for sewage disposal purposes in
85	85	50an order of taking dated October 29, 1930, recorded with the Norfolk county registry of deeds in
86	86	51book 1912, page 63. The easement is shown on a plan titled, “Commonwealth of Massachusetts,
87	87	52Department of Correction, State Prison Colony, Norfolk, Mass., Sewer Right of Way” prepared
88	88	53by Bayard F. Snow, dated October 29, 1930, which is on file with the Norfolk registry of deeds
89	89	54in plan book 112, pages 813 and 814. The exact boundaries of the easement to be released to
90	90	55each owner named in this section shall be determined by the division of capital asset
91	91	56management and maintenance, in consultation with the department of correction, based upon a
92	92	57survey.
93	93	58 SECTION 2. The release of the portion of the easement described in section 1 shall be in
94	94	59accordance with such terms and conditions as the commissioner of capital asset management and
95	95	60maintenance, in consultation with the commissioner of correction, shall prescribe.
96	96	61 SECTION 3. The consideration for the release of the easement pursuant to this act shall
97	97	62be the full and fair market value as determined by the commissioner of capital asset management
98	98	63and maintenance based on an independent professional appraisal. The commissioner shall submit
99	99	64the appraisal to the inspector general for review and comment. The inspector general shall
100	100	65review such appraisal, including, but not limited to, an examination of the methodology utilized
101	101	66for the appraisal. The inspector general shall prepare a report of such review and file the report
102	102	67with the commissioner. The commissioner shall submit copies of the appraisal and the inspector
103	103	68general’s report and approval and comments, if any, to the house and senate committees on ways
104	104	69and means and the joint committee on state administration and regulatory oversight prior to the
105	105	70execution of documents affecting the release of the easement authorized by this act. 5 of 5
106	106	71 SECTION 4. The owners of the land named in section 1 shall benefit from the release of
107	107	72the easement pursuant to this act and shall be responsible for any costs for surveys, appraisals,
108	108	73recording fees and other expenses relating to the release of the easement.