HOUSE DOCKET, NO. 4851        FILED ON: 6/13/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4515

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Mathew Muratore

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the Department of Conservation and Recreation to grant certain easements to the Town of Plymouth over a portion of Pilgrim Memorial State Park.

_______________

PETITION OF:

HOUSE DOCKET, NO. 4851        FILED ON: 6/13/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4515

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act authorizing the Department of Conservation and Recreation to grant certain easements to the Town of Plymouth over a portion of Pilgrim Memorial State Park.

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 the provisions of sections 34 to 37 of Chapter 7C of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may grant easements over certain parcels of land at the southern end of Pilgrim Memorial State Park, currently under the care and control of the department of conservation and recreation and held for conservation and recreation purposes to the Town of Plymouth, described as follows: (a)  for the purposes of reconstructing and redesigning the sidewalk and layout area on Water Street and maintaining and repairing said sidewalks, over a parcel of land containing 1,746 square feet,  shown on a plan of land entitled “Easement Plan, Water Street at State Pier”, Plymouth, Massachusetts, prepared for the Town of Plymouth, dated March 24, 2016, prepared by Plymouth Dept. of Public Works-Engineering Division, to be filed with Plymouth Registry of Deeds and, b) for the purposes of constructing, maintaining and repairing certain improvements at the Water Street at Town Brook Bridge and for the purpose of maintaining and repairing and making certain improvements for  pedestrian access and park aesthetics on Water Street over a parcel of land containing 3,516 square feet,  shown on a plan of land entitled “Easement Plan, Water Street at Plymouth Rock”, Plymouth, Massachusetts, dated March 24, 2016, prepared by Plymouth Dept. of Public Works-Engineering Division, to be filed with the Plymouth Registry of Deeds, subject to the requirements of sections 2 through 4 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. Prior to finalizing the transaction or making the conveyance authorized herein, the division of capital asset management and maintenance may make minor modifications to the area and plan in order to carry out the purposes of this act.

SECTION 2.  To mitigate impacts to public parkland and ensure a no-net-loss of lands protected for natural resource purposes, the grantee shall construct, at its sole cost, certain improvements within Pilgrim Memorial State Park, subject to the approval and acceptance by the department in accordance with a Construction and Access Permit to be issued by the department..

SECTION 3.  The grantee 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 by this act.

SECTION 4.  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 section 1. The instrument authorized in section 1 shall include a reversionary clause that stipulates the property shall revert to the commonwealth and be assigned to the care, custody and control of the department of conservation and recreation, upon such terms and conditions as the commissioner of capital asset management and maintenance may determine, if the property ceases to be used for the express purposes authorized in this act.  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.

SECTION 5.  This Act shall take effect upon its passage.