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  • Acts
  • 1999
  • Chapter 34 AN ACT AUTHORIZING NANTUCKET COUNTY TO CONVEY CERTAIN LAND TO THE TOWN OF NANTUCKET AND THE MASSACHUSETTS AUDUBON SOCIETY, INC.

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. Nantucket county may convey certain land owned by said county, excluding public ways and bike paths, to the town of Nantucket without consideration. Said land consists of the following parcels:- 22 Federal Street, Smith's Point Shore Reservation Properties (Land Court Plan No. 2408P, dated May 16, 1912, on file with Certificate No. 86: Block 64: Parcels 3-22, 27-32, 35-36, 41-42, 45-46; Block 65: Parcels 3-8, 11-22, 25-32, 35-48; Land Court Plan No. 2408Q, dated June 16, 1912, on file with Certificate No. 99: Block 69: Parcels 1-8, 11-12, 19-20, 23-41; Block 70: Parcels 1-20, 27-42, 47-48; Block 71: Parcels 3-12, 15-23; Land Court Plan No. 2408R, dated June 25, 1912, on file with Certificate No. 127: Block 78: Parcels 10-23; Block 79: Parcels 7-10, 17-18; Block 77: Parcels 1-5, 10-15; Block 76: Parcels 1-8, 10, 12-29; Land Court Plan No. 2408S, dated September 9, 1912, on file with Certificate No. 165: Block 51: Parcels 1-3; Block 56: Parcels 27-30, 33-48, 51-52; Block 57: Parcels 1-2, 10-11, 38, 43-46; Block 58: Parcels 1-5, 9-30; Land Court Plan No. 2408T, dated November 21, 1912, on file with Certificate No. 195: Block 66: Parcels 1-13, 16-19, 26-29, 32-47; Block 68: Parcels 1-8; Block 79: Parcels 25-28, 36-43; Block 80: Parcels 13-24; Land Court Plan No. 2408U, dated November 26, 1912, on file with Certificate No. 196, Block 52: Parcels 7-8; Block 54: Parcels 1-2, 46-53; Block 80: Parcels 29-31; and the parcel(s) of land consisting of the area of the former ways known as Missouri Avenue, Wisconsin Avenue (between Kentucky Street and New York Avenue), Illinois Avenue, Virginia Avenue, Louisiana Street, Kentucky Street (south of intersection with Wisconsin Avenue), Ohio Street (south of intersection with Wisconsin and northerly between Wisconsin Avenue and New York Avenue), Nevada Avenue and Maryland Street (south of intersection with Texas Street to Wisconsin Avenue and between Virginia Avenue and Wisconsin Avenue), and Unnamed Street (See Land Court Plan 2408P) exempting: Nevada Street (all); Maryland Street (between Texas Street and southerly lot lines of 2408S Block 56: Lot 26 and Block 51: Lot 4); Missouri Avenue (between Maryland Street and northerly lot lines of 2408T, Block 66: Lot 20 and Block 67: Lot 8); Ohio Street (between the southerly lot line of 2408T, Block 66: Lot 23 and 2408S, Block 56: Lot 1 and New York Avenue) Ester's Island Road; miscellaneous parcels at Smith's Point and Madaket and Shore Reservation at South Beach properties (Washington Street Extension Bicycle Path Easement Plan, Nantucket, Massachusetts, dated October 22, 1996, by Blackwell and Associates, Inc., on file at the Nantucket registry of deeds, Plan 48-O: P-2, P-3, P-5, P-6, P-7, P-8, P-10, P-11, P-12, P-13, P-16, P-18, P-20, P-21, P-22, P-25, P-26, P-27; and the following easements as shown on the above referenced plan: E-3, E-4, E-5, E-6, E-7).

SECTION 2. A majority of the voters at an annual or special town meeting shall approve acceptance of any and all conveyances authorized hereunder prior to such conveyance taking effect.

SECTION 3. Nantucket county may convey the following parcels of land to the Massachusetts Audubon Society, Inc., which were acquired for open space and recreational purposes, and which are owned by said county: Land Court Plan No. 2408S, dated September 9, 1912, on file with Certificate No. 165: Block 51: Parcels 4-14; Block 55: Parcels 1-13, 18-27, 32-44, 48-57; Block 56: Parcels 1-16, 19-26; Land Court No. 2408T, dated November 21, 1912, on file with Certificate No. 195: Block 66: Parcels 20-21; Block 67: Parcels 6-11; Land Court Plan No. 2408U, dated November 26, 1912, on file with Certificate No. 196: Block 52: Parcels 1-6; Block 54: Parcels 12-24, 26-45 and the parcel(s) of land consisting of the area of the former ways as follows: Nevada Street (all); Maryland Street (between Texas Street and southerly lot lines of 2408S; Block 56: Lot 26 and Block 51: Lot 4); Missouri Avenue (between Maryland Street and northerly lot lines of 2408T: Block 66: Lot 20 and Block 67: Lot 8); Ohio Street (between southerly lot line of 2408T: Block 66: Lot 23 and 2408S: Block 56: Lot 1 and New York Avenue).

SECTION 4. 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 any conveyance authorized hereby.

SECTION 5. The provisions of section 3 shall be subject to the terms and conditions of the Memorandum of Agreement between the county commissioners of Nantucket county and the Massachusetts Audubon Society, Inc., as agreed upon on January 24, 1997. If the land conveyed under section 3 ceases to be used at any time as set forth in the Memorandum of Agreement, the land, upon notice by Nantucket county to the Massachusetts Audubon Society, Inc., shall revert to Nantucket county.

SECTION 6. This act shall take effect upon its passage.

Approved July 9, 1999.