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2 | 2 | | SENATE DOCKET, NO. 2731 FILED ON: 8/21/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2445 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Edward J. Kennedy |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to real property in Lowell. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Edward J. KennedyFirst Middlesex 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 2731 FILED ON: 8/21/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2445 |
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18 | 18 | | By Mr. Kennedy, a petition (accompanied by bill) (subject to Joint Rule 12) of Edward J. |
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19 | 19 | | Kennedy for legislation relative to the University of Massachusetts and a certain easement |
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20 | 20 | | located in the city of Lowell. State Administration and Regulatory Oversight. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to real property in Lowell. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7c of the General |
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30 | 30 | | 2Laws or any other general or special law to the contrary, the commissioner of capital asset |
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31 | 31 | | 3management and maintenance, with the consent and approval of the University of Massachusetts |
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32 | 32 | | 4Lowell, may convey to National Grid, or its affiliates, a non-exclusive easement to permit the |
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33 | 33 | | 5installation of a geothermal wellfield and associated accessory equipment and uses on the parcels |
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34 | 34 | | 6of land located at 813 Broadway Street, as described in the deed recorded at the Middlesex North |
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35 | 35 | | 7Registry of Deeds in Book 1663 page 241; and 100 Wilder Street, as described in the deed |
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36 | 36 | | 8recorded at the Middlesex North Registry of Deeds in Book 1922 page 246. |
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37 | 37 | | 9 SECTION 2. The grantee shall be responsible for all costs and expenses including, but |
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38 | 38 | | 10not limited to, costs associated with any engineering, appraisals, surveys and deed preparation |
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39 | 39 | | 11related to the conveyance authorized in this section as such costs may be determined by the |
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40 | 40 | | 12commissioner of capital asset management and maintenance. 2 of 2 |
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41 | 41 | | 13 SECTION 3. Consideration for the conveyance of the easement pursuant to section 1 |
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42 | 42 | | 14shall be the greater of: (i) the full and fair market value; or (ii) the value in proposed use. Any |
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43 | 43 | | 15independent appraisal of the fair market value and value in proposed use of the easement |
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44 | 44 | | 16described in section 1 shall be prepared in accordance with the usual and customary appraisal |
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45 | 45 | | 17practices by a qualified appraiser commissioned by the commissioner. |
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46 | 46 | | 18 SECTION 3. The cash proceeds of the sale, lease, transfer, or other disposition of the |
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47 | 47 | | 19easement rights described in section 1, or portions thereof pursuant to this act, shall be deposited |
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48 | 48 | | 20into an expendable trust established pursuant to section 6 of chapter 6A of the General Laws and |
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49 | 49 | | 21801 CMR 50.00. Proceeds in the trust may be expended for costs associated with activities and |
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50 | 50 | | 22capital investments by the University of Massachusetts Lowell to align the campus with the goals |
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51 | 51 | | 23and objectives of Chapter 8 of the Acts of 2021, “An Act Creating a Next-Generation Roadmap |
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52 | 52 | | 24for Massachusetts Climate Policy” and Executive Order 594: Leading By Example: |
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53 | 53 | | 25Decarbonizing and Minimizing Environmental Impacts of State Government. |
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54 | 54 | | 26 SECTION 4. The provisions of this act shall take effect upon passage. |
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