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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE TRANSFER OF AN EASEMENT UNDER THE CONTROL OF THE DEPARTMENT OF CONSERVATION AND RECREATION IN THE CITY OF LYNN.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith authorize the transfer of the care and control of certain parcels of land in the town of Middleborough from the department of correction to the department of fish and game, 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. Section 1 of chapter 38 of the acts of 2003 is hereby amended by striking out, in line 3, the words “40E to 40J, inclusive, of chapter 7” and inserting in place thereof the following words:- 32 to 37, inclusive, of chapter 7C.

SECTION 2. Said section 1 of said chapter 38 is hereby further amended by striking out, in line 6, the words “the city of Lynn,” and inserting in place thereof the following words:- Lynn Redevelopment, LLC.

SECTION 3. Said section 1 of said chapter 38 is hereby further amended by striking out in lines 6 and 7, the words “, in order that the city of Lynn or its successors or assigns, may convey the easement”.

SECTION 4. Said section 1 of said chapter 38 is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The easement to be transferred by Lynn Redevelopment, LLC pursuant to clause (a) of section 2 shall not be used to support an increase in floor area ratio or to create additional lots on land owned by Lynn Redevelopment, LLC.

SECTION 5. Section 2 of said chapter 38 is hereby amended by striking out, in line 1, the words “The city of Lynn” and inserting in place thereof the following words:- Lynn Redevelopment, LLC.

SECTION 6. Said section 2 of said chapter 38 is hereby further amended by striking out clause (a) and inserting in place thereof the following clause:-

(a) transferring easements for conservation and recreation purposes to the commonwealth, acting by and through the department of conservation and recreation, as shown on a plan entitled “Public and DCR Vehicular Access Easements Exhibit Plan in Lynn, MA”, Scale: 1”=50’, dated November 9, 2017, prepared for the grantee by Hancock Associates to be recorded at the Essex south district registry of deeds and consisting of: (i) a new easement for conservation and recreation purposes on a parcel of land comprising approximately 122,401± square feet (2.8100 acres); (ii) a public vehicular access easement for use of an approximately 6,871± square foot area with an 11-space parking area; and (iii) a pedestrian and vehicular access easement over an approximately 28,752± square foot area for use by the employees and agents of the department to access the improvements constructed under clause (b); provided, however, that modifications to the plan may be made before the conveyance of the easement, with the approval of the department of conservation and recreation. 

SECTION 7. Said section 2 of said chapter 38 is hereby further amended by striking out clause (d) and inserting in place thereof the following clause:-

(d) conveying in escrow to the commonwealth, acting by and through the division of capital asset management and maintenance, a parcel of land containing 8,139 square feet and located at 1 - 19 Exchange street, described in a deed from David L. Keimach to Michael T. Miles, Trustee of the Miles Group of Lynn Realty Trust, recorded in Essex south registry of deeds at book 19345, page 265 and simultaneously transferring a permanent conservation restriction upon the parcel to the commonwealth, acting by and through the department of conservation and recreation, restricting the use of the parcel to public park purposes.

SECTION 8. Said section 2 of said chapter 38 is hereby further amended by striking out clause (f).

SECTION 9. Section 3 of said chapter 38 is hereby amended by striking out, in line l, the words “The city of Lynn” and inserting in place thereof the following words:- Lynn Redevelopment, LLC.

SECTION 10. Said section 3 of said chapter 38 is hereby further amended by striking out the last sentence. 

SECTION 11. Section 4 of said chapter 38 is hereby amended by striking out, in lines 3 and 4, the words “The city of Lynn” and inserting in place thereof the following words:- Lynn Redevelopment, LLC.

SECTION 12. Said chapter 38 is hereby further amended by striking out section 5 and inserting in place thereof the following section:-

Section 5. The grantor's obligation to complete the release authorized in section 1 shall be conditioned upon the grantee's completion of the obligations set forth in clause (a) of section 2 and the payment of any monetary consideration required by sections 3 and 4. The remaining obligations set forth in said section 2 may be performed after the release authorized in said section 1 upon such terms and conditions as the commissioner of capital asset management and maintenance may determine, in consultation with the commissioner of conservation and recreation. Construction by the grantee or its agents of the improvements described in clause (e) of said section 2 shall not be subject to public procurement laws; provided, however, that the grantee shall pay prevailing wages for any such construction. 

Within 21 days after the issuance of a building permit to the grantee or its successors or assigns for construction of any building improvements on any portion of the easement released under section 1, the grantee shall provide financial security to the division of capital asset management and maintenance, acceptable to the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation, to ensure construction of the improvements required pursuant to clause (b) of section 2 within a time period to be set by the division which shall be not later than 36 months after the date of the release. 

Prior to the release authorized in section 1, the grantee shall provide financial security to the division of capital asset management and maintenance, acceptable to the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation, to ensure construction of the improvements required pursuant to clause (e) of section 2 within a time period to be set by the division which shall be not later than 36 months after the date of the release. 

The division of capital asset management and maintenance and the department of conservation and recreation may, with good cause, extend the time periods for completion of the improvements required pursuant to clauses (b) and (e) of section 2. 

Upon completion of the improvements required pursuant to clause (e) of section 2 to the reasonable satisfaction of the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation, the division may close on the property held in escrow pursuant to clause (d) of said section 2 in accordance with any additional terms and conditions previously determined by the division, after which the division shall transfer the parcel to the care and control of the department of conservation and recreation for conservation and recreation purposes. 

 

Approved, August 3, 2018.