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The 191st General Court of the Commonwealth of Massachusetts


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

SECTION 1. The town of Fairhaven, acting by its board of selectmen, may grant to Bradford G. Souza, the owner of property at 188 Green street and more fully described in a deed from George Souza to Bradford G. Souza dated February 5, 2002 and recorded with the Bristol county southern district registry of deeds in book 5370, Page 335, and the succeeding owners of the property, an easement over and across a portion of park land known as "Cushman park" and shown as lot 61 on Fairhaven assessors map 11. The portion of Cushman park which shall be subject to the easement authorized by this act is shown as a triangular parcel on a plan entitled "Plan to Acompany Taking by the Town of Fairhaven under chapter 106 of Acts of the year 1903" recorded with the Bristol county southern district registry of deeds in plan book 6, page 8. The easement shall be in such form and subject to such conditions as determined by the board of selectmen for the town of Fairhaven, subject to the action of the special town meeting held on May 5, 2012. The grant of easement authorized in this section shall be subject to paragraphs (a), (b) and (g) of section 16 of chapter 30B.

SECTION 2. As a condition of the conveyance authorized in section 1, the town of Fairhaven shall transfer a parcel of land dedicated for general municipal purposes to the conservation commission for conservation purposes. If no suitable parcel can be transferred for conservation purposes, the town shall acquire a parcel of land or a conservation easement, as defined in section 31 of chapter 184 of the General Laws. Such land or easement shall be dedicated to conservation purposes and shall be placed under the jurisdiction of the conservation commission. The parcel dedicated pursuant to this section shall be of equal or greater size and value for conservation purposes to the parcel described in section 1, as determined by the conservation commission.

SECTION 3. This act shall take effect upon its passage.

Approved, August 6, 2012.