AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO TRANSFER CARE, CUSTODY AND CONTROL OF A CERTAIN PARCEL OF LAND IN THE TOWN OF SANDWICH IN EXCHANGE FOR CERTAIN PARCELS OF LAND IN THE TOWNS OF BOURNE AND SANDWICH
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the exchange of certain parcels of commonwealth land in the towns of Sandwich and Bourne, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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. Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance may transfer from the care, custody and control of the department of conservation and recreation to the care, custody and control of the Massachusetts Department of Transportation, certain surplus land, currently used by the department of conservation and recreation as state forest land, located in the town of Sandwich. The surplus land is a portion of land taken by the commonwealth as state forest land recorded in an order of taking dated December 28, 1923 in the Barnstable registry of deeds in book 400, page 428, consisting of 13.2 acres, more or less, as identified on a plan entitled, “Subdivision Plan of Land in Sandwich, MA”, prepared by Massachusetts Department of Transportation, and is collectively shown as Lots A and B. The department of conservation and recreation shall retain an easement across the “Dirt Fire Road” as indicated on the plan, for department of conservation and recreation firefighting and other park purposes. The exact boundaries of the lots shall be determined by the commissioner, in consultation with the department of conservation and recreation and the Massachusetts Department of Transportation, after completion of a survey.
SECTION 2. Notwithstanding any general or special law to the contrary and simultaneous with the transfer pursuant to section 1, the Massachusetts Department of Transportation shall transfer from its care, custody and control, certain surplus land taken by the commonwealth to lay a state highway, as recorded in an order of taking dated September 25, 1956 in the Barnstable registry of deeds in book 955, page 128, to the care, custody and control of the department of conservation and recreation. The surplus land, which is located along the northerly side of Scusset Beach road in the towns of Bourne and Sandwich and consists of 85.1 acres, more or less, 12.8 acres of which shall be used for mitigation purposes and the remainder of which shall be used for conservation purposes associated with the Scusset Beach State Reservation, is collectively shown as “Remaining Area” and Parcels 1, 2, 3 and 4 on the “Plan of Land in the Towns of Bourne and Sandwich”. The exact boundaries of the parcels shall be determined by the Massachusetts Department of Transportation, in consultation with the department of conservation and recreation and the commissioner of the division of capital asset management and maintenance, after completion of a survey.
SECTION 3. The Massachusetts Department of Transportation shall be responsible for all costs and expenses of the transfers authorized by this act, as determined by the commissioner of capital asset management and maintenance including, but not limited to, any costs associated with engineering, surveys, appraisals and deed preparation relating to the conveyance of the parcels.
Approved, August 8, 2014.