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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE MASSACHUSETTS DEPARTMENT OF TRANSPORTATION TO ACQUIRE CERTAIN PARCELS OF STATE LAND IN THE TOWN OF NEEDHAM NOW UNDER THE CARE AND CONTROL OF THE DEPARTMENT OF CONSERVATION AND RECREATION.

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 state land in the town of Needham, 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.  (a) Notwithstanding sections 34 to 38 of chapter 7C, inclusive, of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may convey certain parcels of land or interests therein, currently under the care and control of the department of conservation and recreation and held for conservation and recreation purposes, to the Massachusetts Department of Transportation to be used for highway purposes, subject to the requirements of sections 2 and 3 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, in consultation with the commissioner of conservation and recreation and the secretary of the Massachusetts Department of Transportation.

(b)  The parcels and interests therein are shown on a plan entitled “The Commonwealth of Massachusetts Plan of Land in the Town of Needham, Norfolk County, Article 97 Property”, dated January 17, 2019, to be recorded at the Norfolk county registry of deeds, and further described as follows:

(i)  Parcel 15-D-1, a permanent drainage easement upon a parcel of land along the southerly line of Highland avenue comprised of 6,580 square feet, as shown on the plan, to be used for the construction of a permanent drainage facility;

    (ii)  Parcel 15-33, a parcel of land along the southerly line of Highland avenue comprised of 14 square feet, as shown on the plan, to be used for the construction of a sidewalk along said Highland avenue;

   (iii)  Parcel 15-PEU-33, a permanent utility easement in a parcel of land along the southerly line of Highland avenue comprised of 203 square feet, as shown on the plan, to be used for overhead utility purposes; and

    (iv)  Parcel 15-TE-115, a temporary construction easement comprised of 3,453 square feet, as shown on the plan, to be used to support construction activities.

(c)  The department of conservation and recreation may issue a license to the Massachusetts Department of Transportation to allow for the use and occupancy of any of the above-described parcels for highway purposes and associated construction work while the division of capital asset management and maintenance proceeds to effectuate the conveyances authorized by this act.

SECTION 2.  In consideration for the grants of the parcels described in section 1, or interests therein, and to ensure a no-net-loss of lands protected for natural resource purposes, the Massachusetts Department of Transportation shall convey to the commonwealth, in full consideration of the conveyance of the land and interests in land authorized by this act, the fee simple interest in a parcel of land located along the easterly line of interstate highway route 95 and adjacent to Cutler Park Reservation in the town of Needham, containing approximately 37,500 square feet of land, more or less, and particularly shown on a plan of land entitled “Massachusetts Department of Transportation Plan of Road in the Town of Needham Norfolk County Altered and Laid Out as a State Highway by the Massachusetts Department of Transportation, Highway Division”, dated January 24, 2019 to be recorded at the Norfolk county registry of deeds. The land shall be under the care and control of the department of conservation and recreation for conservation and recreation purposes.

SECTION 3.  The Massachusetts Department of Transportation shall assume all costs associated with engineering, surveys, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance or the commissioner of conservation and recreation to execute the conveyances authorized by this act.

Approved, November 21, 2019.