SENATE, No. 59

By Mr. Tisei, a petition (accompanied by bill, Senate, No. 59) of Richard R. Tisei, Thomas M. McGee, Mark V. Falzone and Michael E. Festa for legislation to authorize the Division of Capital Asset Management, and the towns of Saugus and Wakefield to convey certain easements to Tennessee Gas Pipeline company located in the towns of Saugus, Wakefield, and Lynnfield. Municipalities and Regional Government.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT authorizing the Division of Capital Asset Management, and the towns of Saugus and Wakefield to convey certain easements to Tennessee Gas Pipeline company located in the towns of Saugus, Wakefield, and Lynnfield

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to immediately authorize the Division of Capital Asset Management and the Towns of Saugus, Lynnfield and Wakefield to convey certain easements across land for gas transmission facilities in order to ensure the distribution of natural gas to certain areas of the Commonwealth , therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

SECTION 1. The Town of Saugus is hereby authorized to convey and grant by deed a permanent easement thirty (30) feet in width lying 15 feet to either side of Tennessee Gas Pipeline Company’s proposed twenty-four (24) inch pipeline, more or less, in, under, and through a parcel of land managed and controlled by the Saugus Conservation Commission for conservation purposes located in the Town of Saugus, together with temporary work space for construction purposes of approximately 0.6  acres and a temporary right to use a pre-existing road approximately 10 feet wide for vehicular access during construction, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land entitled “Essex-Middlesex Project, Proposed 24" Main Line, Town of Saugus, Essex County, Massachusetts, TE-T12-270C-1200-1.00. ” Said plan is on file with the Town of Saugus.  The right to use said temporary work space shall expire upon completion of construction and restoration.

Said easements shall be used to lay, construct, maintain, operate, repair, change the size of, remove and/or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 2.  The commissioner of the division of capital asset management, acting in consultation with the department of conservation and recreation, is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed, approved as to form by the attorney general, a permanent easement up to thirty (30) feet in width lying 15 feet to either side of Tennessee Gas Pipeline Company’s proposed twenty-four (24) inch pipeline, more or less, in, under, and through a parcel of land managed and controlled by the department of conservation and recreation for conservation and recreation purposes located in the Town of Saugus, together with temporary work space and additional temporary work space for construction purposes of approximately 0.06 acres immediately adjacent to the proposed permanent easement, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land entitled “Essex-Middlesex Project, Proposed 24" Main Line, Commonwealth of Massachusetts (Breakheart Reservation), Essex County, Massachusetts, TE-T12-270C-1200-47.00A. ” Said plan is on file with the department of conservation and recreation.  The right to use said temporary work space shall expire upon completion of construction and restoration.

Said easements shall be used to lay, construct, maintain, operate, repair, change the size of, remove and/or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 3.  The commissioner of the division of capital asset management, acting in consultation with the department of conservation and recreation, is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed, approved as to form by the attorney general, a permanent easement thirty (30) feet in width lying 15 feet to either side of Tennessee Gas Pipeline Company’s proposed twenty-four (24) inch pipeline, more or less, in, under, and through a parcel of land managed and controlled by the department of conservation and recreation for conservation and recreation purposes located in the Town of Wakefield, together with temporary work space and additional temporary work space for construction purposes of approximately 0.83 acres immediately adjacent to the proposed permanent easement, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land entitled “Essex-Middlesex Project, Proposed 24" Main Line, Commonwealth of Massachusetts (Breakheart Reservation), Middlesex County, Massachusetts, TE-T12-270C-1200-47.00B. ” Said plan is on file with the department of conservation and recreation.  The right to use said temporary work space shall expire upon completion of construction and restoration.

Said easements shall be used to lay, construct, maintain, operate, repair, change the size of, remove and/or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 4.  The commissioner of the division of capital asset management, acting in consultation with the department of conservation and recreation, is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed, approved as to form by the attorney general, a permanent easement thirty (30) feet in width lying 15 feet to either side of Tennessee Gas Pipeline Company’s proposed twenty-four (24) inch pipeline, more or less, in, under, and through a parcel of land managed and controlled by the department of conservation and recreation for conservation and recreation purposes located in the Town of Saugus, together with temporary work space and additional temporary work space for construction purposes of approximately 0.32 acres immediately adjacent to the proposed permanent easement, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land entitled “Essex-Middlesex Project, Proposed 24" Main Line, Commonwealth of Massachusetts (Breakheart Reservation), Essex County, Massachusetts, TE-T12-270C-1200-52.00. ” Said plan is on file with the department of conservation and recreation.  The right to use said temporary work space shall expire upon completion of construction and restoration.

Said easements shall be used to lay, construct, maintain, operate, repair, change the size of, remove and/or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 5.  The commissioner of the division of capital asset management, acting in consultation with the department of conservation and recreation, is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed, approved as to form by the attorney general, a permanent easement thirty (30) feet in width lying 15 feet to either side of Tennessee Gas Pipeline Company’s proposed twenty-four (24) inch pipeline, more or less, in, under, and through a parcel of land managed and controlled by the department of conservation and recreation for conservation and recreation purposes located in the Town of Saugus, together with temporary work space and additional temporary work space for construction purposes of approximately 2.4 acres immediately adjacent to the proposed permanent easement and a temporary right to use a pre-existing road approximately 10 feet wide for vehicular access during construction, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land entitled “Essex-Middlesex Project, Proposed 24" Main Line, Commonwealth of Massachusetts (Breakheart Reservation), Essex County, Massachusetts, TE-T12-270C-1200-54.00. ” Said plan is on file with the department of conservation and recreation.  The right to use said temporary work space shall expire upon completion of construction and restoration.

Said easements shall be used to lay, construct, maintain, operate, repair, change the size of, remove and/or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 6.  The Town of Wakefield is hereby authorized to convey and grant by deed a permanent easement thirty (30) feet in width lying 15 feet to either side of Tennessee Gas Pipeline Company’s proposed twenty-four (24) inch pipeline, more or less, in, under, and through a parcel of land managed and controlled by the Wakefield Conservation Commission for conservation purposes located in the Town of Wakefield, together with temporary work space and additional temporary work space for construction purposes of approximately 1.6 acres, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land entitled “Essex-Middlesex Project, Proposed 24" Main Line, Town of Wakefield Conservation Commission, Middlesex County, Massachusetts, TE-T12-270C-1200-77.00. ” Said plan is on file with the Town of Wakefield.  The right to use said temporary work space shall expire upon completion of construction and restoration.

Said easements shall be used to lay, construct, maintain, operate, repair, change the size of, remove and/or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 7.  The commissioner of the division of capital asset management, acting in consultation with the adjutant general, is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed, approved as to form by the attorney general, a permanent easement thirty (30) feet in width lying 15 feet to either side of Tennessee Gas Pipeline Company’s proposed twenty-four (24) inch and twelve (12) inch pipeline, along with a proposed fifty (50) foot by one hundred (100) foot receiver site, more or less, in, under, and through a parcel of land managed and controlled by the military division for military purposes located in the Town of Lynnfield, together with temporary work space for construction purposes of approximately 8 acres immediately adjacent to the proposed permanent easement and a temporary right to use a pre-existing road approximately 10 feet wide for vehicular access during construction and a permanent  right to use a pre-existing road  and a new road each approximately 10 feet wide for vehicular access for operations and maintenance purposes, to the Tennessee Gas Pipeline Company, its successors and assigns, as more particularly shown on a plan of land entitled “Essex-Middlesex Project, Proposed 24" Main Line, Commonwealth of Massachusetts, Essex County, Massachusetts, TE-T12-270C-1200-92.00. ” Said plan is on file with the military division.  The right to use said temporary work space shall expire upon completion of construction and restoration.

Said easements shall be used to lay, construct, maintain, operate, repair, change the size of, remove and/or replace the gas transmission line which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 8.  In consideration for the easements authorized in sections one through seven, Tennessee Gas Pipeline Company shall pay a fair market value price to be determined by one or more independent appraisals with the cost of said appraisal or appraisals to be assumed by the Tennessee Gas Pipeline Company.