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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT EASEMENTS TO THE TOWN OF LANESBOROUGH FOR THE RECONSTRUCTION OF THE NARRAGANSETT AVENUE BRIDGE OVER LAKE PONTOOSUC

     Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the division of capital asset management and maintenance to grant easements for a certain bridge reconstruction, 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:
     (a) Notwithstanding sections 34 to 37, inclusive, of chapter 7C of the General Laws, the commissioner of capital asset management and maintenance may grant permanent and temporary easements to the town of Lanesborough over portions of a certain parcel of land identified on the town assessors’ map 116 as lot 26 and held for purposes of conservation and recreation, such land being located within and northwesterly of Pontoosuc lake which portions are adjacent to and under the Narragansett avenue bridge. The easements shall be used for the repair, reconstruction, operation, maintenance and improvement of the bridge, subject to the requirements of this act and to such additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance may prescribe. The portions of the land are shown on a plan of land entitled “Easement Plan of Land Narragansett Avenue Over Lake Pontoosuc Lanesborough, Massachusetts”, dated August 18, 2016, as follows: “parcel E-3,” containing 650 square feet, more or less; “parcel E-4,” containing 3,295 square feet, more or less; “parcel E-6,” containing 1,640 square feet, more or less; “parcel TR-3,” containing 12,060 square feet, more or less; and “parcel TE-5,” containing 6,947 square feet, more or less. Prior to executing the easement documents, the division of capital asset management and maintenance may make minor modifications to the plan and easement areas to carry out this act.
     (b) As a condition of the conveyances authorized in subsection (a), the town of Lanesborough shall transfer a town-owned parcel identified on the town assessors’ map 122 as lot 11, a public way, to the care, custody and control of the conservation commission of the town for conservation and passive recreation purposes pursuant to section 8C of chapter 40 of the General Laws; provided, however, that the parcel shall be designated as property subject to Article XCVII of the Articles of Amendment to the Constitution of the Commonwealth. The town of Lanesborough shall record such designation in the deed for the property at the Berkshire northern district registry of deeds.
     (c) The consideration for the easements authorized in subsection (a) shall be an amount equal to the full and fair market value or the value in use of the easements as proposed, whichever is greater, as determined by an independent appraisal commissioned by the commissioner of capital asset management and maintenance. The commissioner shall submit the appraisal and a report thereon to the inspector general. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of the review and file the report with the commissioner. The commissioner shall submit copies of the appraisal, the report thereon and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the house and senate chairs of the joint committee on state administration and regulatory oversight prior to the execution of any grants of easement authorized in this act.
     (d) The town of Lanesborough shall assume all costs associated with engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyances authorized in subsection (a).
     (e) No instrument executed pursuant to this act shall be valid unless it provides that the easements shall be used solely for the purposes described in subsection (a). Any instrument effecting the grant of an easement authorized in said subsection (a) shall include a reversionary clause stipulating that if the property shall cease to be used for the express purposes authorized in this act, the property shall revert to the commonwealth upon such terms and conditions as the commissioner of capital asset management and maintenance may determine; provided, however, that no reversion shall take effect until notice thereof is provided to the town by the division of capital asset management and maintenance and, after such notice, the town fails to cure the violation to the satisfaction of the division. If any interest reverts to the commonwealth, any further disposition shall be subject to sections 34 to 37, inclusive, of chapter 7C of the General Laws and the prior approval of the general court.

Approved, November 21, 2017