HOUSE DOCKET, NO. 4785        FILED ON: 4/27/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4477

The Commonwealth of Massachusetts

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PRESENTED BY:

Mathew Muratore and Viriato M. deMacedo

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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 grant of easements relative to the Obery Street Roadway Improvement Project to the Town of Plymouth.

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PETITION OF:

HOUSE DOCKET, NO. 4785        FILED ON: 4/27/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4477

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act authorizing the grant of easements relative to the Obery Street Roadway Improvement Project to the Town of Plymouth.

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 32 to 37 of chapter 7C of the General Laws or any general or special law to the contrary, the commonwealth of Massachusetts acting by and through the commissioner of capital asset management and maintenance is authorized and directed to convey to the Town of Plymouth for highway, utility, and other purposes as are necessary to carry out the Obery Street Roadway Improvement Project (the “Project”), permanent and temporary easements in lands of the commonwealth located on Obery Street in the town of Plymouth in the locations approximately shown  on that plan, comprised of 26 sheets, entitled “Massachusetts Department of Transportation Highway Division Plan and Profile of Obery Street Roadway Improvements in the Town of Plymouth, Plymouth County, Preliminary Right of Way Plans”, dated 10/2/2011, last rev. 4/25/2018, prepared by Jacobs (the “Project Plan”).  The grant of the easements shall be 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 reasonably require consistent with the Project purposes. Prior to finalizing the transaction or making the conveyance authorized herein, the town may make minor modifications to the plan and easement areas in order to carry out the purposes of this act.

SECTION 2.The town of Plymouth shall assume any and all costs associated with engineering, surveys, appraisals, deed preparation and other expenses necessary to execute the conveyances authorized by this act.

SECTION 3.  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 or instruments authorized in section 1 shall include a reversionary clause that stipulates the easements shall terminate, 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, following notice of such to the town of Plymouth by the division of capital asset management and maintenance and a failure by the grantee 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 of chapter 7C of the General Laws and the prior approval of the general court.

SECTION 4.  Pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and notwithstanding chapter 44B of the general laws or any general or special law to the contrary, the town of Plymouth, acting by and through its board of selectmen, is hereby authorized to acquire from the county of Plymouth such permanent and temporary easements in certain lands of the county located on Obery Street in the town of Plymouth, for highway, utility, and other purposes as are need to carry out the Project in the locations approximately shown on the Project Plans, and to that end is further authorized to release to said county, upon such terms as the town and the county may agree, the conservation restriction now held by the town of Plymouth and recorded with the Plymouth Registry of Deeds in book 36713, page 87, to the extent such restriction burdens the lands of the county made subject to Project easements; provided, however, that the conservation restriction shall remain in force and effect for all other portions of the land not impacted by such easements.

SECTION 5:  Upon release of the conservation restriction as set forth above, the town of Plymouth shall place or acquire a conservation restriction consistent with the provisions of sections 31 through 33 of chapter 184 of the General Laws, on land of at least equal area, which land Plymouth is hereby authorized to acquire, hold, convey, or arrange for conveyance by others. 

SECTION 6.  The provisions of Chapter 30B of the General Laws, and any rights of first refusal in the Commonwealth under the provisions of section 14 of chapter 34 of the General Laws, shall not be applicable to the grant of easements by the county, or to the conveyance of a conservation restriction on land of equal area, as authorized hereunder.

SECTION 7.  This act shall take effect upon its passage.