HOUSE DOCKET, NO. 5044        FILED ON: 4/22/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4839

The Commonwealth of Massachusetts

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PRESENTED BY:

Randy Hunt

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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 city known as the town of Barnstable to grant an easement.

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PETITION OF:

HOUSE DOCKET, NO. 5044        FILED ON: 4/22/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4839

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act authorizing the city known as the town of Barnstable to grant an easement.

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 32 to 38 , inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary,  the Town of Barnstable, may convey permanent and perpetual easements over, under and through portions of property owned by the Town of Barnstable  under the care, control and use of the Barnstable Conservation Commission  located in the town of Barnstable Massachusetts, to NSTAR Electric Company d/b/a Eversource Energy, a Massachusetts corporation, its successors and assigns (“Eversource”), such easements consisting of (a) the perpetual right to enter upon to survey and to construct, reconstruct, repair, replace, maintain, operate, inspect, patrol and remove a  line or lines of poles and /or H- Frames and or combination of poles, H- Frames, and towers with wires and/or cables above and or underground, and all foundations, anchors, guys and other usual and customary accessories, fixtures, equipment and appurtenances and (b) to clear and keep cleared the easement area from trees and structures, all as deemed necessary for the transmission and or distribution supply of electric energy for light, heat, power, telecommunications or any other purposes (which line or lines may be erected at the same or different time) over across, under and upon a strip of land 10 feet wide and 5 feet wide along and adjacent to certain existing Eversource easement areas, creating a continuous right of way as shown on the attached plan referenced below, comprising a total width of 185 feet.  Subject to the provisions of section 2 and to such reasonable additional terms and conditions consistent with a Settlement Agreement between the Town of Barnstable and Eversource Energy dated June 4, 2019. The portions of land, over, under and through which the easements shall be granted are more particularly described as land identified on Town of Barnstable Assessors Map 86-001 with an address of 876 Service Road Barnstable, Massachusetts, and conveyed to the Town of Barnstable in a deed recorded at the Barnstable Registry of Deeds in Deed Book 2846 Page 129 and shown on a plan in Plan Book 329 Page 54.  The easements consisting of approximately 7800+/- square feet more or less shown on a Plan of Land dated June 24, 2019 titled “EASEMENT EXHIBIT Parcels 71 & 72- ROW 342” which plan is on file with the Town of Barnstable

(b)  The town manager of the city known as the town of Barnstable may execute and record any instruments necessary on behalf of the city known as the town of Barnstable to effectuate this section.