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  • Acts
  • 2000
  • Chapter 244 AN ACT PROVIDING FOR THE CONVEYANCE OF CERTAIN LAND IN THE TOWN OF SANDWICH.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the conveyance of certain land, 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. The commissioner of capital asset management and maintenance, acting in consultation with the commissioner of environmental management, may convey to the town of Sandwich, in fee simple, for general municipal purposes, two parcels of land described below.

Parcel 1 is bounded and described as follows:

Beginning at a point on the easterly layout line of Mashpee Road (Route 130), said point being 57 feet more or less north of Massachusetts Highway Bound at Station 66 + 68.27 of the April 1948 Alteration (Layout No. 3408) and the northerly edge of a dirt road:

thence, northeasterly and southeasterly along the northerly edge of the dirt road, 870 feet more or less to a point on the westerly line of land now or formerly of Sea Lake Corporation;

thence, N-33<=-50'-00"-W, 30 feet more or less to a point;

thence, N-18<=-25'-30"-E, 120.17 feet to a point;

thence, N-45<=-46'-00"-E, 140.50 feet to a point;

thence, N-6<=-09'-10"-W, 23.27 feet to a concrete bound;

thence, N-6<=-09'-10"-W, 812.93 feet to a concrete bound;

thence, S-65<=-29'-30"-W, 923.22 feet to a drill hole;

thence, N-62<=-03'-20"-W, 269.48 feet to a Massachusetts Highway Bound;

thence, southerly along a curve, 208.45' to a Massachusetts Highway Bound;

thence, S-27<=-47'-50"-E, 493.94 feet to a point;

thence, southerly along a curve, 281 feet more or less to the point of beginning.

The parcel containing 21 acres, more or less; as further described in chapter 507 of the acts of 1978 and shown as a portion of Sandwich Assessors' Map No. 38, Lot 236.

Parcel 2 is bounded and described as follows:

Beginning at a point on the westerly layout line of Mashpee Road (Route 130) said point being 57 feet more or less north of a Massachusetts Highway Bound at Station 66 + 68.27 of the April 1942 Alteration (Layout No. 3408) and the northerly edge of a dirt road:

thence, northerly and southeasterly along the northerly edge of said dirt road, 870 feet more or less to a point on the westerly line of land now or formerly of Sea Lake Corporation;

thence, S-33<=-50'-00"-E, 126 feet more or less to a point;

thence, S-24<=-22'-25"-E, 57.54 feet to a point;

thence, S-01<=-30'-40"-E, 97.21 feet to a point;

thence, S-04<=-50'-10"-W, 144.83 feet to a point;

thence, S-18<=-48'-40"-W, 165.00 feet to a point;

thence, S-05<=-03'-50"-W, 46.33 feet to a point;

thence, S-19<=-05'-45"-W, 68.84 feet to a point on northerly line of the August 1949 layout of the Mid-Cape Highway;

thence, N-86<=-54'-29"-W, 1012.45 feet to a point on the easterly line of the said Mashpee Road Layout;

thence, N-13<=-21'-38"-W, 498.73 feet to a point;

thence, S-80<=-01'-27"-W, 8.84 feet to said Massachusetts Highway Bound;

thence, northwesterly along a curve 57 feet more or less to the point of the beginning.

The parcel containing ten acres, more or less; as further described in chapter 401 of the acts of 1982 and shown as a portion of Sandwich Assessors' Map No. 38, Lot 236.

SECTION 2. In consideration of the conveyance authorized in section 1, the town of Sandwich shall transfer, in fee simple, to the commonwealth, for conservation and recreation purposes, two parcels of land described below.

Parcel 3 is shown as Parcels B and C on the plan entitled "Plan of Land of the Estate of Cressida P. Elderidge in Sandwich and Bourne, April 1947 duly recorded with Barnstable county registry of deeds in Plan Book 80, Page 15, and shown on Assessors' Map No. 46, Lot 7.

Parcel 4 is bounded and described as follows:

Beginning at a point in Bass Creek thence southeasterly by land now or formerly of Henry O. Gagner, Jr., and Raymond F. Gagner, along said creek, about 780 feet;

thence, southwesterly by said Gagner's land about 375 feet;

thence, northwesterly by said Gagner's land about 570 feet;

thence, northeasterly by a ditch by land of same Gagners about 350 feet to the point of the beginning.

The premises contains 5.5 acres, more or less.

SECTION 3. The consideration given by the town of Sandwich for Parcels 1 and 2 shall consist of (a) the transfer to the commonwealth of Parcels 3 and 4, and (b) if the aggregate value of Parcels 3 and 4, as determined by appraisal, is less than the aggregate value of Parcels 1 and 2, and determined by appraisal, a sum of money equal to the amount by which the aggregate value of Parcels 1 and 2 exceeds the aggregate value of Parcels 3 and 4. For purposes of this section, the value of each of said parcels shall be its full and fair market value, determined by an independent appraisal, for their use as described in this act. The inspector general shall review and approve the appraisal and the review shall include a review of methodology utilized for the appraisal. The inspector general shall prepare a report for his review and file said report with the commissioner of capital asset management and maintenance for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration.

SECTION 4. The commissioner of capital asset management and maintenance shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days prior to the execution.

SECTION 5. The provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws shall not apply to the transfers authorized in sections 1 and 2.

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

Approved August 10, 2000.