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  • Acts
  • 2001
  • Chapter 171 AN ACT RELATIVE TO THE EXCHANGE OF INTERESTS IN LAND LOCATED IN THE TOWN OF HINGHAM AND FOR AN IMPROVED WATERFRONT PARK AND IMPROVED ACCESS TO WATER TRANSPORTATION FACILITIES.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith 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, in consultation with the commissioner of environmental management, may convey to the Massachusetts Bay Transportation Authority, in fee simple, Lot 9 as more fully described in section 2 hereafter referred to as "Lot 9", and temporary construction easements and permanent easements over Easement Area B as more fully described in section 3, hereafter referred to as "Easement Area B", such temporary construction easements to be of sufficient scope and duration to permit the construction of a pick-up and drop-off facility as more fully described in section 16, hereafter referred to as the "pick-up and drop-off facility", and such permanent easement to be of sufficient scope to permit the operation and maintenance of the pick-up and drop-off facility.

SECTION 2. A certain parcel of land located on the southerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Beginning at a concrete bound with drill hole at the southerly sideline of Shipyard Drive at the line dividing Land Court Lots 9 and 18 as depicted on Land Court Decree Plan 14401J thence

S00<=01'20"W a distance of three hundred four and 24/100 (304.24') feet along the westerly boundary of land now or formerly of the Massachusetts Bay Transportation Authority to a concrete bound with disk, thence

S89<=59'30"W a distance of seven hundred fifty three and 10/100 (753.10') feet along land now or formerly of Building 58 LLC to a concrete bound with crosscut, thence

N00<=00'29"E a distance of three hundred seven and 86/100 (307.86') feet along the easterly boundary of land now or formerly of the Massachusetts Bay Transportation Authority to the southerly sideline of Shipyard Drive, thence

Easterly along the southerly sideline of Shipyard Drive and a curve to the left, non-tangent with the last course, and a radius of six hundred eighty five and 00/100 (685.00') feet and a length of sixty six and 40/100 (66.40') feet, thence

S89<=58'39"E a distance of six hundred eighty six and 88/100 (686.88') feet along the southerly sideline of Shipyard Drive to the point of beginning.

The above described parcel of land contains 229,352+ sq. ft. of land (5.262+ acres) and is more particularly shown as Lot 9 on Land Court Decree Plan 14401J and is also shown as Lot 9 on a plan entitled "Plan of Land Exchange, Shipyard Drive, in Hingham, Massachusetts (Plymouth County)", prepared by The BSC Group, Inc., and dated November 11, 1998 (last revised March 8, 2001) (hereinafter the "Land Exchange Plan"). The parcel was acquired for open space and recreation purposes.

SECTION 3. A certain parcel of land located on the northerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Commencing at a stone bound on the northerly sideline of Shipyard Drive and the southerly boundary of Lot 16 as depicted on the Land Exchange Plan, thence

N14<=52'20"W a distance of twenty three and 26/100 (23.26') feet, thence

Northerly a distance of four and 67/100 (4.67') feet along a curve to the left with a radius of thirty two and 00/100 (32.00') feet to a point on the boundary of Lot 16 and Lot 8 and the point of beginning, thence

From said point of beginning,

Northwesterly a distance of twenty seven and 92/100 (27.92') feet along a curve to the left with a radius of thirty two and 00/100 (32.00') feet to a point on the boundary of Lot 8 and Lot 14, thence

S02<=18'21"E a distance of twenty and 43/100 (20.43') feet along the boundary of Lot 8 and Lot 14 to the northerly boundary of Lot 16, thence

Easterly a distance of nineteen and 50/100 (19.50') feet along a curve to the right (non-tangent with the last course) with a radius of five hundred eighty five and 00/100 (585.00') feet and along the northerly boundary of Lot 16 to the point of beginning.

The parcel containing 252+ sq. ft., intending to be a portion of Lot 8 and more specifically depicted as Easement Area B on the above referenced Land Exchange Plan. The parcel was acquired for open space and recreation purposes.

SECTION 4. In consideration of the conveyance of the property and interests in property more fully described in sections 1, 2 and 3, the Massachusetts Bay Transportation Authority shall pay to the department of environmental management the full and fair market value of the property and interests in property as established in accordance with section 26. The proceeds of the conveyance shall be deposited in the Conservation Trust account of the department of environmental management established under section 1 of chapter 132A of the General Laws, and shall be expended without further appropriation for the planning, design, permitting, construction or acquisition by other means of new facilities or improvements to existing facilities which shall include, but not be limited to, offices, maintenance garages, visitor services and orientation space, waterfront park, procurement of office and maintenance facilities under long-term lease, within or in proximity to remaining department of environmental management property at Hewitts Cove and Boston Harbor Islands State Park. Certain ferry and passenger terminal, pier and docking facility improvements and construction shall be in accordance with the terms of an existing agreement between the Massachusetts Bay Transportation Authority and the department of environmental management, dated January 1, 1991. All such ferry, passenger terminal, pier and docking facility improvements and construction shall be as determined by the commissioner of capital asset management and maintenance in consultation with the commissioner of environmental management and the executive office of transportation and construction.

SECTION 5. The Massachusetts Bay Transportation Authority may convey to Sea Chain LLC, a Massachusetts limited liability company with an address at 349 Lincoln Street in the town of Hingham, hereafter referred to as "Sea Chain LLC" or its designees, temporary construction easements over Retained Parcel A as more fully described in section 6, hereafter referred to as Retained Parcel A, over the Pedestrian Easement as more fully described in section 13, hereafter referred to as the "Pedestrian Easement", and over Access Easement B as more fully described in section 12, hereafter referred to as "Access Easement B", such temporary construction easements to be of sufficient scope and duration to permit the construction by Sea Chain LLC or its designees of a new surface parking facility and associated access as more fully described in section 15, hereafter referred to as the "New Parking Facility" and may convey to Sea Chain LLC or its designees temporary construction easements over Parcel 1A, as more fully described in section 15A, hereafter referred to as "Parcel 1A", such temporary construction easements to be of sufficient scope and duration to permit the construction on Parcel 1A of the Supplemental Parking Facility as more fully described in section 15A.

SECTION 6. A certain parcel of land located on the southerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Beginning at a concrete bound with cross found at the southeasterly corner of Lot 15 and the southwesterly corner of Lot 9 as depicted on Land Court Plan 14401J, thence

S89<=59'30"W a distance of two hundred sixty and 90/100 (260.90') feet along the northerly boundary of land now or formerly of Building 58, LLC to the northeasterly corner of Lot 12 as depicted on the aforementioned plan and 5/8" iron rebar found, thence

S89<=59'30"W A distance of two hundred twenty two and 90/100 (222.90') feet along the northerly boundary of Lot 12 as depicted on the aforementioned Land Court Plan, thence

N00<=00'01"E A distance of one hundred seventeen and 14/100 (117.14') feet, thence

N75<=09'05"E A distance of two hundred twelve and 82/100 (212.82') feet, thence

N89<=59'40"E A distance of six hundred four and 08/100 (604.08') feet, thence

Southerly a distance of forty two and 56/100 (42.56') feet along a curve to the right (non-tangent with the last course) with a radius of one hundred seventy five and 00/100 (175.00') feet, thence

S00<=01'05"W A distance of one hundred twenty nine and 47/100' (129.47') feet, thence

S89<=59'30"W A distance of eighty five and 00/100 (85.00') feet along the northerly boundary of land now or formerly of Building 58, LLC to a concrete post with an 'X' cut found, thence

S89<=59'30"W A distance of two hundred forty six and 10/100 (246.10') along the northerly boundary of land now or formerly of Building 58, LLC to the south easterly corner of Lot 15 as depicted on the aforementioned Land Court plan and the point of beginning.

The above described parcel of land meaning to consist of portions of the Lot and Lot 15 and is more particularly depicted as "Retained Parcel A" on the Land Exchange Plan. The "Retained Parcel A" containing 134,258+ sq. ft.(3.082+ acres).

SECTION 7. The Massachusetts Bay Transportation Authority may convey to Sea Chain LLC or its designees temporary construction easements over Easement Area B, such temporary construction easements to be of sufficient scope and duration to permit the construction of the new pick-up and drop-off facility.

SECTION 8. The Massachusetts Bay Transportation Authority may convey to Sea Chain LLC or its designees temporary construction easements over New Shipyard Drive Area B as more fully described in section 9, hereafter referred to as "New Shipyard Drive Area B", such temporary construction easements to be of sufficient scope and duration to permit the construction by Sea Chain LLC or its designees of the improvements associated with those portions of the relocated Shipyard Drive as laid out by the selectmen of the town of Hingham and accepted at the town of Hingham 2000 annual town meeting which are to be located on New Shipyard Drive Area B and New Shipyard Drive Area A, as New Shipyard Drive Area A is more fully described in section 21 hereafter referred to as "New Shipyard Drive Area A", all as more fully described in section 18, hereafter referred to as the "New Shipyard Drive".

SECTION 9. A certain parcel of land located on the southerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Commencing at a concrete bound with disk found at the southeasterly corner of Lot 9 and the southwesterly corner of Lot 18 as depicted on Land Court Plan 14401J, thence

S89<=59'30"W A distance of three hundred sixty two and 00/100 (362.00') feet along the southerly boundary of Lot 9 to the point of beginning, thence

From said point of beginning,

S89<=59'30"W A distance of sixty and 00/100 (60.00') feet to the northeasterly corner of Parcel A as depicted on a plan entitled "Plan of Land Exchange, Shipyard Drive, in Hingham, Massachusetts (Plymouth County)" by The BSC Group, Inc. and dated November 11, 1998 (last revised March 8, 2001), thence

N00<=01'05"E A distance of one hundred twenty nine and 47/100 (129.47') feet, thence

Northwesterly A distance of two hundred seventy four and 87/100 (274.87') feet along a curve to the left with a radius of one hundred seventy five and 00/100 (175.00') feet to the southerly sideline of Shipyard Drive, thence

S89<=58'39"E A distance of one hundred forty eight and 15/100 (148.15') feet along the southerly boundary of Shipyard Drive, thence Southwesterly, a distance of two hundred six and 76/100 (206.76') feet along a curve to the right (non-tangent to the last course) with a radius of two hundred thirty and 00/100 (230.00') feet, thence

S00<=01'05"W A distance of one hundred twenty four and 42/100 (124.42') feet to the point of beginning.

The above described parcel of land meaning to consist of portions of Lot 9 as depicted on Land Court Plan 14401J and is more particularly depicted as "New Shipyard Drive Area B" on the aforementioned Land Exchange Plan. Said "New Shipyard Drive Area B" containing 20,097+ sq. ft. (0.461+ acres).

SECTION 10. The Massachusetts Bay Transportation Authority may, upon (1) completion of construction of the New Parking Facility and the pick-up and drop-off facility and their acceptance by the Massachusetts Bay Transportation Authority, (2) completion of construction and acceptance by the town of Hingham of New Shipyard Drive, and (3) completion of construction of the Supplemental Parking Facility convey to Sea Chain LLC or its designees, in fee simple, with good, clear and marketable record title, Parcel 1 as more fully described in section 11, hereafter referred to as "Parcel 1", Parcel 1 being subject to an easement for vehicular access in favor of the Massachusetts Bay Transportation Authority over Access Easement B as more fully described in section 12, hereafter referred to as "Access Easement B", an easement for pedestrian access in favor of the Massachusetts Bay Transportation Authority over the Pedestrian Easement as more fully described in section 13, hereafter referred to as the "Pedestrian Easement", and a covenant and restriction affecting Parcel 1A in favor of the Massachusetts Bay Transportation Authority regarding operation and maintenance of the Supplemental Parking Facility as more fully described in section 15A, and convey to Sea Chain LLC or its designees landscaped buffer easements over Retained Parcel A as more fully described in section 25. The Massachusetts Bay Transportation Authority may elect, in lieu of conveying to Sea Chain LLC or its designees the entire area of Parcel 1 as set forth above, to convey to Sea Chain LLC or its designees all of Parcel 1 excepting only those areas lying within New Shipyard Drive Area B, but subject in either case to all of the easements and other matters set forth above. The Massachusetts Bay Transportation Authority may so elect to exclude New Shipyard Drive Area B from Parcel 1 by notifying Sea Chain LLC in writing of its election at the time that it grants the temporary construction easements for the construction of New Shipyard Drive as set forth in section 8, and as a condition of such election it shall dedicate the New Shipyard Drive Area B for use as a public way to the town of Hingham, without cost, at such time as the other portions of the New Shipyard Drive are dedicated as set forth in section 18.

SECTION 11. A certain parcel of land located on the southerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Beginning at a point at the northeasterly corner of Lot 9 and the northwesterly corner of Lot 18 as depicted on Land Court Plan 14401J and the southerly sideline of Shipyard Drive, thence

N89<=58'39"W A distance of six hundred eighty six and 88/100 (686.88') feet along the southerly sideline of Shipyard Drive, thence

Westerly A distance of sixty six and 40/100 (66.40') feet along a curve to the right with a radius of six hundred eighty five and 00/100 (685.00') feet and along the southerly boundary of Shipyard Drive, thence

S00<=00'29"W A distance of three and 21/100 (3.21') feet along the southerly sideline of Shipyard Drive, thence

N89<=58'39"W A distance of two hundred fifty nine and 60/100 (259.60') feet along the southerly sideline of Shipyard Drive, thence

Southerly A distance of four hundred seventy four and 71/100 (474.71') feet along a curve to the left with a radius of three hundred and 00/100 (300.00') feet and the southerly sideline of Shipyard Drive, thence

S00<=38'28"E A distance of one and 48/100 (1.48') feet along the southerly sideline of Shipyard Drive, thence

N89<=59'30"E A distance of seventy five and 84/100 (75.84') feet, thence

N00<=00'01"E A distance of one hundred seventeen and 14/100 (117.14') feet, thence

N75<=09'05"E A distance of two hundred twelve and 82/100 (212.82') feet, thence

N89<=59'40"E A distance of six hundred four and 08/100 (604.08') feet, thence

Southerly A distance of forty two and 56/100 (42.56') feet along a curve to the right (non-tangent with the last course) with a radius of one hundred seventy five and 00/100 (175.00'), thence

S00<=01'05"W A distance of one hundred twenty nine and 47/100 (129.47') feet to the northerly boundary of land now or formerly of Building 58, LLC, thence

N89<=59'30"E A distance of sixty and 00/100 (60.00') feet along land now or formerly of Building 58, LLC, thence

N89<=59'30"E A distance of three hundred sixty two and 00/100 (362.00') feet along land now or formerly of Building 58, LLC to a concrete bound with disk found, thence

N89<=59'30"E A distance of five hundred seven and 37/100 (507.37') feet along land now or formerly of Building 58, LLC to a concrete bound with drill hole found, thence

N22<=55'50"W A distance of two hundred thirty and 56/100 (230.56') feet along land now or formerly of Building 58, LLC, thence

N44<=33'20"E A distance of one hundred two and 66/100 (102.66') feet along land now or formerly of Building 58, LLC to a point tangent to the cul-de-sac of Shipyard Drive, thence

Northwesterly A distance of one hundred ten and 57/100 (110.57') feet along a curve to the right (non-tangent with the last course) with a radius of sixty two and 00/100 (62.00') and along the southerly boundary of Shipyard Drive, thence

Westerly A distance of nineteen and 80/100 (19.80') feet along a curve to the left with a radius of twenty and 00/100 (20.00') feet and along the southerly boundary of Shipyard Drive, thence

N89<=58'39"W A distance of three hundred seventy six and 71/100 (376.71') feet along the southerly boundary of Shipyard Drive to the point of beginning.

The above described parcel of land, containing 383,989+ sq. ft. (8.815+ acres), meaning to consist of Lot 18 along with a portion of Lot 9 and a portion of Lot 15 and is more particularly depicted as "Parcel 1" on the Land Exchange Plan.

SECTION 12. Two certain parcels of land located on the southerly side of Shipyard Drive in the town of Hingham shown as "Access Easement A" and "Access Easement B" on the Land Exchange Plan and more specifically bounded and described as follows:-

ACCESS EASEMENT A

Beginning at the southwesterly corner of "Parcel A" as depicted on the Land Exchange Plan, thence

Southwesterly A distance of three hundred twenty and 58/100 (320.58') feet along a curve to the left with a radius of one thousand one hundred forty five and 00/100 (1145.00') feet (easterly radius bearing being S03<=59'52"E), thence

S70<=07'37"W A distance of one hundred fifty seven and 10/100 (157.10') feet, thence

Southeasterly A distance of forty seven and 12/100 (47.12') feet along a curve to the left with a radius of thirty and 00/100 (30.00') feet to the easterly sideline of the Proposed Shipyard Drive, thence

N24<=07'37"W A distance of one hundred eighteen and 10/100 (118.10') feet along the easterly boundary of the Proposed Shipyard Drive, thence

Southwesterly A distance of forty four and 90/100 (44.90') feet along a curve to the left (non-tangent with the last course) with a radius of thirty and 00/100 (30.00') feet, thence

N70<=07'37"E A distance of one hundred sixty five and 94/100 (165.94') feet, thence

Northeasterly A distance of three hundred forty one and 40/100 (341.40') feet along a curve to the right with a radius of one thousand two hundred five and 00/100 (1205.00') feet to the westerly boundary of "Parcel A", thence

S00<=00'01"W A distance of sixty and 13/100 (60.13') feet along the westerly boundary of "Parcel A" to the point of beginning.

The above described parcel, containing 31,742+ sq. ft. and being more particularly depicted as "Access Easement A" on the Land Exchange Plan; and

ACCESS EASEMENT B

Commencing at the northwesterly corner of Retained Parcel A as depicted on the Land Exchange Plan, thence

N75<=09'05"E A distance of ten and 95/100 (10.95') feet along the northerly boundary of Retained Parcel A to the point of beginning, thence

From the point of beginning

N14<=52'20"W A distance of one hundred twenty seven and 35/100 (127.35') feet, thence

N72<=55'44"E A distance of thirty two and 02/100 (32.02') feet, thence

S14<=52'20"E A distance of one hundred twenty eight and 58/100 (128.58') feet to the northerly boundary of Retained Parcel A, thence

S75<=09'05"W A distance of thirty two and 00/100 (32.00') feet along the northerly boundary of Retained Parcel A to the point of beginning.

The above described parcel of land, containing 4,095+ sq. ft., meaning to consist of portions of Lot 15 and portions of Shipyard Drive, to be abandoned, and is more particularly depicted as "Access Easement B" on the aforementioned Land Exchange Plan.

Sea Chain LLC and the Massachusetts Bay Transportation Authority may, until such time as construction of the New Parking Facility is completed and accepted by the Massachusetts Bay Transportation Authority as provided for in section 10, modify the location or the dimensions of Access Easement A or Access Easement B. Any such modification shall be set forth in a written agreement and shall be shown on a plan, and such agreement and plan, when duly recorded with the Plymouth county registry of deeds, shall be conclusive for all purposes as to the dimensions and location of said Access Easement A or Access Easement B.

SECTION 13. A certain parcel of land located on the southerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Commencing at a stone bound with drill hole found at the southerly sideline of Shipyard Drive, thence

S89<=58'39"E A distance of thirty one and 71/100 (31.71') feet along the southerly sideline of Shipyard Drive to the point of beginning, thence

From said point of beginning

S00<=01'35"W A distance of one hundred thirty three and 13/100 (133.13') feet to the northerly boundary of Retained Parcel A, thence

N89<=59'40"E A distance of thirty and 00/100 (30.00') feet along the northerly boundary of Retained Parcel A, thence

N00<=01'35"E A distance of one hundred thirty three and 11/100 (133.11') feet to the southerly sideline of Shipyard Drive, thence

N89<=58'39"W A distance of thirty and 00/100 (30.00') feet to the point of beginning.

The above described parcel of land, containing 5,324+ sq. ft., being more particularly depicted as "Pedestrian Easement" on the Land Exchange Plan. Sea Chain LLC and the Massachusetts Bay Transportation Authority may, until such time as construction of the New Parking Facility is completed and accepted by the Massachusetts Bay Transportation Authority as provided for in section 10, modify the location or the dimensions of the Pedestrian Easement. Any such modification shall be set forth in a written agreement and shall be shown on a plan, and such agreement and plan, when duly recorded with the Plymouth county registry of deeds, shall be conclusive for all purposes as to the dimensions and location of said Pedestrian Easement.

SECTION 14. In consideration for the conveyance by the Massachusetts Bay Transportation Authority to Sea Chain LLC or its designees of the parcels of real estate, easements and other interests in real estate provided for in this act, Sea Chain LLC or its designees shall:

(a) construct the improvements more fully described in sections 15, 15A, 16, 17, 18 and 19;

(b) convey to the Massachusetts Bay Transportation Authority, in fee simple, with good, clear and marketable record title, Parcel A as more fully described in section 20, hereafter referred to as "Parcel A", Parcel A to be subject to a reserved easement in favor of Sea Chain LLC and its designees for the establishment and maintenance of a landscaped buffer area around the perimeter of the new parking facility as more fully described in section 25, hereafter referred to as the "Landscaped Buffer Area", Parcel A to also have the benefit of 2 easements for vehicular access to Shipyard Drive over Access Easements A and B and an easement for pedestrian access over the Pedestrian Easement as reserved by the Massachusetts Bay Transportation Authority in accordance with section 10;

(c) dedicate to the town of Hingham an easement for a public way over New Shipyard Drive Areas A and B for New Shipyard Drive; provided, however that if the Massachusetts Bay Transportation Authority has elected, in accordance with section 10, to exclude New Shipyard Drive Area B from Parcel 1, the Massachusetts Bay Transportation Authority, rather than Sea Chain LLC, shall so dedicate an easement for a public way over New Shipyard Drive Area B at no cost to the town of Hingham;

(d) convey to the Massachusetts Bay Transportation Authority an easement over Easement Area C for operation and maintenance by the authority or its designees of the pick-up and drop-off facility, such easement to continue only as long as the authority continues to operate a ferry service from the ferry terminal; and

(e) convey to the division of capital asset management and maintenance, in consultation with the department of environmental management, in fee simple, with good, clear and marketable record title, Lot 16 as more fully described in section 23 hereafter referred to as "Lot 16", subject to an easement in favor of the Massachusetts Bay Transportation Authority or its designees for the operation and maintenance of the pick-up and drop-off facility over Easement Area A as more fully described in section 24, hereafter referred to as "Easement Area A", such easement to continue only as long as the authority continues to operate a ferry service from the ferry terminal.

SECTION 15. Sea Chain LLC or its designees shall construct at its cost on Parcel A and Retained Parcel A, a surface parking facility, hereafter referred to as the "New Parking Facility", with at least 1,700 parking spaces, not including handicapped spaces located off of the parcels, the surface parking facility to also include a pedestrian walkway to Shipyard Drive over the Pedestrian Easement and access drives over Access Easements A and B. Two hundred parking spaces within the New Parking Facility shall be made available without charge to the department of environmental management for use by visitors to the Boston Harbor Islands State Park or the Boston Harbor Islands National Recreation Area and 50 parking spaces within the facility shall be made available without charge to the department of environmental management for use by the staff of the department in accordance with the January 1, 1991 Agreement between the Massachusetts Bay Transportation Authority and the department, such restriction to run with the land.

SECTION 15A. Sea Chain LLC or its designees shall construct at its cost on a portion of Parcel 1, together with such abutting land owned by Sea Chain LLC or its designees as Sea Chain LLC may determine to include within the land to be made available for such purposes, a surface parking facility with at least 300 parking spaces hereafter referred to as the "Supplemental Parking Facility", such facility to be operated by Sea Chain LLC or its designees. The location and dimensions of the parcel upon which the Supplemental Parking Facility shall be located shall be determined by Sea Chain LLC and the Massachusetts Bay Transportation Authority and shall hereafter be referred to as Parcel 1A. The determination as to the location and dimensions of Parcel 1A shall be set forth in 1 or more written agreements between Sea Chain LLC and the Massachusetts Bay Transportation Authority and shall be shown on a plan, and such agreement and plan, when duly recorded with the Plymouth county registry of deeds, shall be conclusive for all purposes as to the dimensions and location of Parcel 1A. Sea Chain LLC or its designees shall be obliged to operate and maintain the Supplemental Parking Facility as hereto provided, such obligation to be a covenant and restriction in favor of the Massachusetts Bay Transportation Authority and running with and burdening Parcel 1A, until such time as (i) the Hingham-Boston ferry service is discontinued, (ii) any uses other than parking are developed or permitted on the New Parking Facility, or (iii) there shall be constructed on Parcel A or Retained Parcel A, or both of them, by the Massachusetts Bay Transportation Authority or by any other person or entity, a structured parking facility with at least 300 parking spaces, and at such time the obligations of Sea Chain LLC and its designees hereunder and the covenant and restriction shall terminate. Sea Chain LLC and its designees shall also have the right to reduce the number of parking spaces in the Supplemental Parking Facility if and to the extent that the New Parking Facility operates at a lower than anticipated level of daily utilization. Sea Chain LLC and the Massachusetts Bay Transportation Authority may enter into 1 or more written agreements with respect to the Supplemental Parking Facility, and such agreements may include more detailed or additional conditions to the obligation of Sea Chain LLC or its designees to operate the Supplemental Parking Facility and the covenant and restriction burdening Parcel 1A as set forth in this section.

SECTION 16. Sea Chain LLC or its designees shall construct at its cost on Easement Area C and Easement Areas A and B the pick-up and drop-off facility to service the ferry terminal.

SECTION 17. Sea Chain LLC or its designees shall construct or otherwise make available office space in the vicinity of the ferry terminal, a portion of which shall be made available at market rates to the then-licensed operator of the Hingham-Boston ferry service and the department of environmental management-approved operator of the Hingham-Boston Harbor Islands service.

SECTION 18. Sea Chain LLC or its designees shall construct the improvements associated with those portions of the New Shipyard Drive as laid out by the selectmen of the town of Hingham and accepted at the town of Hingham 2000 annual town meeting which are to be located on New Shipyard Drive Area B and New Shipyard Drive Area A, but if the town of Hingham receives or is eligible to receive funding from the commonwealth for some or all of the costs of such improvements then the town shall construct the improvements and the obligation of Sea Chain LLC or its designees hereunder shall be to pay to the town the difference, if any, between the cost of such improvements and such commonwealth funding the town receives or is eligible to receive. Sea Chain LLC or its designees shall also dedicate New Shipyard Drive Area A and New Shipyard Drive Area B for use as a public way to the town, New Shipyard Drive to connect the existing Shipyard Drive and Lincoln Street, to provide frontage for the New Parking Facility, and to become a part of the relocated Shipyard Drive as the same has been laid out by the selectmen of the town and accepted as a public way at the said town's 2000 annual town meeting. If the Massachusetts Bay Transportation Authority has elected, in accordance with section 10, to exclude New Shipyard Drive Area B from Parcel 1, it, rather than Sea Chain LLC or its designees, shall so dedicate New Shipyard Drive Area B for use as a public way to the town at no cost to the town.

SECTION 19. Sea Chain LLC or its designees at its cost shall construct a walkway open to public access along portions of the waterfront in the Hingham Shipyard on land owned by Sea Chain LLC.

SECTION 20. A certain parcel of land located on the southerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Beginning at a concrete bound with cross found at the southeasterly corner of Lot 15 and the southwesterly corner of Lot 9 as depicted on Land Court Plan 14401J, thence

S89<=59'30"W A distance of two hundred sixty and 90/100 (260.90') feet along the northerly boundary of land now or formerly of Building 58, LLC to the northeasterly corner of Lot 12 as depicted on the aforementioned plan and 5/8" iron rebar found, thence

S89<=59'30W A distance of two hundred twenty two and 90/100 (222.90') feet along the northerly boundary of Lot 12 as depicted on the aforementioned plan, thence

S00<=00'01"W A distance of thirty seven and 90/100 (37.90') feet, thence

N89<=58'18"E A distance of fourteen and 23/100 (14.23') feet, thence

S00<=38'28"E A distance of one hundred one and 60/100 (101.60') feet, thence

N89<=59'59"E A distance of forty four and 63/100 (44.63') feet, thence

S00<=00'01"W A distance of three hundred eighty three and 21/100 (383.21') feet, thence

Easterly A distance of seventy six and 39/100 (76.39') feet along a curve to the right (non-tangent with the last course) with a radius of one thousand one hundred forty five and 00/100 (1145.00') feet, thence

N89<=59'30"E A distance of six hundred seventy eight and 40/100 (678.40') feet tangent to the last course, thence

N00<=01'05"E A distance of five hundred twenty and 15/100 (520.15') feet, thence

S89<=59'30"W A distance of eighty five and 00/100 (85.00') feet along the northerly boundary of land now or formerly of Sea Chain, LLC to a concrete post with an 'X' cut found, thence

S89<=59'30"W A distance of two hundred forty six and 10/100 (246.10') along the northerly boundary of land now or formerly of Building 58, LLC to the south easterly corner of Lot 15 as depicted on the aforementioned plan.

The above described parcel of land is more particularly depicted as "Parcel A" on the Land Exchange Plan meaning to consist of a portion of Lot 4 as depicted on Land Court Plan #14401G and a portion of Lot 12 as depicted on Land Court Plan #14404J. Said "Parcel A" containing 399,547+ sq. ft. (7.795+ acres).

SECTION 21. A certain parcel of land located on the southerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Commencing at the northeasterly corner of "Parcel A" as depicted on the Land Exchange Plan, thence

S00<=01'05"W A distance of five hundred twenty and 15/100 (520.15') feet along the easterly sideline of "Parcel A" as depicted on the aforementioned plan, thence

S89<=59'30"W A distance of twenty and 00/100 (20.00') feet along the easterly sideline of "Parcel A" as depicted on the aforementioned plan, thence

S00<=01'05"W A distance of two hundred eighty six and 10/100 (286.10') feet to the northerly sideline of Lincoln Street (State Route 3A), thence

S85<=15'59"E A distance of one hundred seven and 90/100 (107.90') feet along the northerly sideline of Lincoln Street, thence

Northwesterly A distance of forty four and 65/100 (44.65') feet along a curve to the right (non-tangent with the previous course) with a radius of thirty and 00/100 (30.00') feet, thence

N00<=01'05"E A distance of seven hundred eighty five and 26/100 (785.26') feet (tangent to the previous course) to the southerly boundary of "Parcel 1" as depicted on the aforementioned plan, thence

S89<=59'30"W A distance of sixty and 00/100 (60.00') feet along the southerly boundary of "Parcel 1" as depicted on the aforementioned plan to the point of beginning.

The above described parcel, containing 54,522+ sq. ft., and is more particularly depicted as "New Shipyard Drive Area A" on the aforementioned Land Exchange Plan, meaning to consist of a portion of Lot 4 as depicted on Land Court Plan #14401G and a portion of Lot 12 as depicted on Land Court Plan #14404J.

SECTION 22. A certain parcel of land located on the northerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Beginning at a point on the northerly sideline of Shipyard Drive at the southwesterly corner of Lot 16 and the easterly boundary of Lot 14 as depicted on the Land Exchange Plan, thence

Southeasterly A distance of one hundred forty three and 01/100 (143.01') feet along a curve to the left with a radius of three hundred fifty and 00/100 (350.00') feet and the northerly sideline of Shipyard Drive, thence

N14<=52'20"W A distance of fifteen and 35/100 (15.35') feet, thence

Northeasterly A distance of fifty and 27/100 (50.27') feet along a curve to the right with a radius of thirty two and 00/100 (32.00') feet, thence

N75<=07'40"E A distance of seventy seven and 82/100 (77.82') feet, thence

Easterly A distance of seventeen and 68/100 (17.68') feet along a curve to the right with a radius of thirty two and 00/100 (32.00') feet to the westerly boundary of Lot 8 as depicted on the aforementioned plan, thence

S02<=18'21"E A distance of twenty and 43/100 (20.43') feet along Lot 8 as depicted on the aforementioned plan, thence

S02<=18'21"E A distance of twenty five and 49/100 (25.49') feet along Lot 16 as depicted on the aforementioned plan to the point of beginning.

The above described parcel of land, containing 5,294+ sq. ft., is more particularly depicted as "Easement Area C" on the aforementioned Land Exchange Plan and meaning to consist of a portion of Lot 14 as depicted on Land Court Plan #14404J.

SECTION 23. A certain parcel of land located on the northerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Beginning at the northerly sideline of Shipyard Drive at the southerly end of a line dividing Lot 14 and Lot 16 as depicted on Land Court Decree Plan 14401J, thence

N02<=18'21"W along Lot 14 a distance of twenty five and 49/100' (25.49'), thence

Easterly along a curve to the right, non-tangent with the previous course, with a radius of five hundred eighty five and 00/100 (585.00') feet and a length of two hundred three and 12/100 (203.12') feet, thence

S78<=07'32"E along Lot 8 as depicted on Land Court Decree Plan 14401J a distance of twenty and 76/100 (20.76') feet, thence

Easterly along Lot 8 as depicted on Land Court Decree Plan 14401J and a curve to the left with a radius of six hundred thirty five and 00/100 (635.00') feet and a length of one hundred thirty one and 35/100 (131.35') feet to the northerly sideline of Shipyard Drive, thence

N89<=58'39"W along the northerly sideline of Shipyard Drive a distance of three hundred twenty five and 90/100 (325.90') to a stone bound with drill hole, thence

Westerly along the northerly sideline of Shipyard Drive and a curve to the left with a radius of three hundred fifty and 00/100 (350.00') and a length of twenty five and 81/100 (25.81') feet to the point of beginning.

The above described parcel of land contains 6,345+ sq. ft. of land (0.146+ acres) and is more particularly shown as Lot 16 on Land Court Decree Plan 14401H and is also shown as Lot 16 on the Land Exchange Plan.

SECTION 24. A certain parcel of land located on the northerly side of Shipyard Drive in the town of Hingham and more specifically bounded and described as follows:-

Beginning at a stone bound found on the northerly sideline of Shipyard Drive and the southerly boundary of Lot 16 as depicted on the Land Exchange Plan, thence

N14<=52'20"W A distance of twenty three and 26/100 (23.26') feet, thence

Northerly A distance of four and 67/100 (4.67') feet along a curve to the left with a radius of thirty two and 00/100 (32.00') feet to a point on the boundary of Lot 16 and Lot 8, thence

Westerly A distance of nineteen and 50/100 (19.50') feet along a curve to the left (non-tangent with the last course) with a radius of five hundred eighty five and 00/100 (585.00') feet and along the northerly boundary of Lot 16 to the easterly boundary of Lot 14, thence

S02<=18'21"E A distance of twenty five and 49/100 (25.49') feet along the easterly boundary of Lot 14 to the northerly boundary of Shipyard Drive, thence

Easterly A distance of twenty five and 81/100 (25.81') feet along a curve to the right, (non-tangent with the last course), with a radius of three hundred fifty and 00/100 (350.00') feet along the northerly boundary of Shipyard Drive to the point of beginning.

The parcel containing 599+ sq. ft., intending to be a portion of Lot 16 and more specifically depicted as "Easement Area A" on the above referenced Land Exchange Plan.

SECTION 25. Parcel A shall be conveyed subject to a reserved easement for landscaped buffer uses in favor of Sea Chain LLC and its designees and an easement for such landscaped buffer uses over Retained Parcel A in favor of Sea Chain LLC and its designees shall be conveyed to Sea Chain LLC or its designees by the Massachusetts Bay Transportation Authority. The landscaped buffer easement, hereafter referred to as the "Landscaped Buffer Easement", shall provide for a landscaped buffer area, hereafter referred to as the "Landscaped Buffer Area", of at least 20 feet in depth at the perimeter of the New Parking Facility, excepting only for openings for access at Access Easements A and B, the Pedestrian Easement, and at 1 access point along the frontage of the New Parking Facility on New Shipyard Drive, substantially as shown on the Land Exchange Plan. The Landscaped Buffer Easement shall allow Sea Chain LLC or its designees to install and maintain landscaping on said Landscaped Buffer Area and shall provide that the Landscaped Buffer Area shall be used only for landscaped buffer purposes and shall not be used or available for parking, vehicular movement, access, or other parking purposes. Sea Chain LLC and the Massachusetts Bay Transportation Authority may in writing designate a plan showing in detail the Landscaped Buffer Area, which plan may modify the dimensions of the Landscaped Buffer Area, including without limitation its 20 foot depth, and may from time to time in writing amend such plan, and any such plan, when duly recorded with the Plymouth county registry of deeds, shall be conclusive for all purposes as to the dimensions and location of the Landscaped Buffer Area. The Landscaped Buffer Easement shall remain in effect for so long as the New Parking Facility, Parcel A, or Retained Parcel A, or any portion thereof is used for parking.

SECTION 26. The commissioner of capital asset management and maintenance, in consultation with the commissioner of environmental management, the Massachusetts Bay Transportation Authority, and Sea Chain LLC shall have independent appraisals performed of the full and fair market value of the property and interests in property to be conveyed by and between the parties in accordance with this act, such appraisals to be of such form and scope as the commissioner of capital asset management and maintenance shall determine, and Sea Chain LLC shall be responsible for the costs of the appraisals. The inspector general shall review and comment on the appraisals and the review shall include a review of the methodology utilized for the appraisals. The inspector general shall prepare a report of his review and comments, if any, and file the report with the commissioner of the division for submission to the house and senate committees on ways and means and the chairmen of the joint committee on state administration in accordance with this section. The commissioner of capital asset management and maintenance shall submit the report, the comments of the inspector general, if any, and upon its execution any agreement authorized by this act, or any subsequent amendment thereof, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration.

SECTION 27. The division of capital asset management and maintenance, in consultation with the executive office of transportation and construction, and other parties to the agreements contained within this act may consult and cooperate with each other in the planning, design and permitting of the land exchanges and construction contemplated by this act.

SECTION 28. Sections 40E to 40J, inclusive, of chapter 7 and subsection (b) of section 5 of chapter 161A of the General Laws shall not apply to the transfers authorized in sections 1 to 27, inclusive, of this act.

SECTION 29. The department of environmental management shall develop a plan for expenditure of the proceeds credited to the conservation trust account of the department under section 4 of this act and shall file the plan with the house and senate committees on ways and means, the joint committee on state administration and the joint committee on natural resources at least 30 days prior to the commencement of the plan by the department.

Approved November 30, 2001.