The following questions were raised at the reuse restriction hearing
1. Q. What happens of the easement is not granted to TGP?
A. The current status will remain in effect.
2. Q. What restrictions are currently in effect?
A. Permission for TGP to access, alter, maintain, remove, repair and operate a subsurface gas pipeline and attendant fixtures and equipment on, over and across the Premises. Alteration of the Premises shall be in accordance with applicable legislation, MEPA Certificate EOEA #8662 and other environmental conditions as applicable.
The restrictions that will be contained in the deed of easement of the DCR property to Tennessee Gas Pipeline, LLC are substantially as follows
DCAMM has determined that the reuse restrictions to be applied to the easement area will include customary pipeline easement language used by DCAMM, including the following or substantially similar language:
Easement purposes: “solely for the purposes of laying, constructing, maintaining, accessing, operating, replacing, repairing, abandoning and removing natural gas pipelines and appurtenant facilities for the transmission of natural gas, including cathodic protection and related facilities, which shall remain the property of the Grantee, and the Grantee may not utilize or grant to others permission to utilize the Easement Area for any other purposes. “
The Grantee shall have all rights and benefits necessary or convenient for the full enjoyment and use of the rights herein granted, including, but without limiting the same to, the free rights of ingress and egress over and across said lands and existing roads of the Grantor.
Restrictions: This Grant of Easements is subject to the following conditions, reservations and restrictions, which shall run with the land in perpetuity and shall be enforceable against the Grantee:
1. The Grantee agrees that all work and operations performed by Grantee pursuant to this Grant of Easements shall at all times be performed in accordance with all applicable Federal, State and local laws, statutes, ordinances and regulations and all permits and approvals issued thereunder, including without limitation the Grantee’s obligations under the Natural Gas Act, 15 U.S.C. § 717, et. seq., and revised Pipeline Safety Act, 49 U.S.C. § 60, 101, et. seq., (collectively “Applicable Laws”).
2. The Grantee agrees to be responsible, at its sole cost and expense, for all maintenance, repair, reconstruction and renovation of the Easement Area to remedy damages caused by the Grantee, and the Grantee further agrees to repair promptly any damage caused by the exercise of the Grantee's rights hereunder. After any repairs, improvements, replacements, reconstruction, or removal the Grantee shall restore the Easement Area to as close to their original condition as is practicable, as soon as reasonably practicable, subject to the right of the Grantee to keep the Easement Area clear of overgrowth, trees, structures, and other obstructions within the permanent right-of-way as shown on the Plans referenced in this Grant of Easements, as more fully described in Condition No. 10 below.
3. If all the Easement Area ceases to be used for a continuous period of twelve (12) consecutive calendar months or are abandoned at any time for the purposes contained herein, then after thirty (30) days written notice by the Grantor to the Grantee and an opportunity for the Grantee to respond within that period, the Easements shall automatically terminate and all interest therein shall revert to the care and control of the Grantor upon recording with the Worcester County Registry of Deeds by the Grantor of a written notice of such termination and reversion, which the Grantee acknowledges shall be sufficient to effectuate such termination and reversion. Upon the termination of the Easements, the Grantee shall at the option of the Grantor, remove any pipelines and other facilities installed or permitted by Grantee to have been installed within the Easement Area and shall restore the surface of the Easement Area as provided in paragraph 2 hereof.
4. The Grantee accepts the Easement Area in their "as-is, where-is" condition without any representations or warranties, express or implied, of the Commonwealth.
5. The Grantor is under no obligation to make repairs, renovations or alterations to the Easement Area or to the Grantor's land affected by the Easement Area.
6. The Grantee agrees that the Grantee shall enter upon and use the Easement Area at the Grantee’s own risk and that the Grantee accepts complete liability for the acts, omissions and negligence of the Grantee and its officers, agents, contractors, employees and invitees while present upon the Easement Area or while exercising the Grantee’s rights hereunder.
7. The Grantor shall have no liability to the Grantee or its officers, agents, contractors, employees or invitees for any injury, death, loss or damage caused by any act of the Grantee or its invitees, officers, agents, contractors, employees or members of the general public.
8. The Grantee’s use of the Easement Area is not exclusive and, subject to its obligations under Applicable Laws, the Grantee shall not unreasonably interfere with the use of the Easement Area by the general public for general recreation/conservation purposes or with the use by the Grantor for any purpose not inconsistent with the rights granted hereby to the Grantee. The Grantor shall not grant pipeline, electric, telecommunication or utility easements that longitudinally occupy the Easement Area to any other persons without first obtaining the written consent of the Grantee, which consent shall not unreasonably be withheld.
9. The Grantee accepts complete liability for the acts, omissions and negligence of the Grantee and its officers, agents, contractors, employees, and invitees while present upon the Easement Area or while exercising the Grantee’s rights hereunder. The Grantee shall indemnify the Commonwealth of Massachusetts and its employees and agents and save them harmless from and against any and all injury, loss, claim, action, damage, or liability to the extent arising out of any act, failure to act, or negligence of the Grantee, its officers, agents, contractors, employers or invitees. Grantee shall not indemnify Grantor for Grantor’s sole negligence, gross negligence or willful misconduct. This indemnity and hold harmless agreement shall include indemnity against all costs, expenses and liabilities, including reasonable attorneys’ fees, in connection with any such injury, loss or damage or any such claim, or any proceeding brought thereon or in defense thereof.
10. The undersigned Grantor, its successors, heirs or assigns, reserves the right to fully use and enjoy the Easement Area for purposes that will not interfere with the use of the Easement Area by the Grantee for any of the purposes granted herein, and subject to the permanent right of way and easement herein granted and conveyed; provided, however, that the Grantor shall not plant any trees, including trees considered as a growing crop, on the permanent right of way and easement; and provided further, that the Grantee shall have the right from time to time to cut and remove all trees, including trees considered as a growing crop, all undergrowth, any structures, and any other obstructions that may injure, endanger or interfere with the construction and use of said pipeline(s) and fittings and appliances appurtenant to any of said lines or that may unreasonably interfere with the full enjoyment and use of the rights herein granted. No excavation, change of grade or water impoundment may be made on and no structure shall be erected or placed on the permanent easement herein granted without the prior written consent of the Grantee.
11. Without limiting any of the Grantee’s obligations under this or any other section of this Grant of Easements, the Grantee agrees that it shall not cause or permit any hazardous materials to be used, generated, stored or disposed of on, under or about, or transported to or from the Easement Area except in accordance with Applicable Laws. For the purposes of these easements, “hazardous materials” shall include, but nor be limited to, substances defined as “hazardous substances”, “toxic substances”, “hazardous waste”, “hazardous materials”, or “oil” in any federal or state statute concerning hazardous materials now or hereafter enacted, including all regulations adopted or publications promulgated thereunder. The Grantee assumes full liability and responsibility for any deviation from or violation of this provision. If the Grantee's use of the Easement Area results in the need for a response action under Applicable Laws, the Grantee shall give immediate telephone notice to the Grantor by calling the Grantor’s General Counsel. Without limiting any other provision of this Grant of Easements, completion of any such response action shall be the sole responsibility of the Grantee, shall be performed in accordance with Applicable Laws at the Grantee's sole expense, and shall not be performed without the prior approval of the Grantor unless an emergency situation exists and approval cannot be obtained. The Grantor reserves the right to supervise the Grantee's contractor(s) implementing any such response action, and all submittals required to be made to any regulatory agency must be reviewed and approved by the Grantor. Notwithstanding the foregoing, the grantee shall not use herbicides on the Easement Area except for areas, if any, of the Easement Area which are fenced-in with above-ground installations.
The Grantee, its successors and assigns, are hereby expressly given and granted the right to assign the right of way and easement herein granted and conveyed, or any part thereof, or interest therein, and the same shall be divisible among two or more owners, as to any right or rights created hereunder, so that each assignee or owner shall have the full rights and privileges herein granted, to be owned and enjoyed either in common or in severalty; provided, however, that such an assignment may only be made to an entity authorized by the appropriate regulatory authorities to own and operate natural gas transmission pipelines.
Interested parties may send comments on the proposed reuse restrictions via email, mail or hand delivery to:
Division of Capital Asset Management and Maintenance
One Ashburton Place, 14th Floor
Boston, MA 02108