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  • Acts
  • 2002
  • Chapter 259 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT CERTAIN EASEMENTS TO THE TOWN OF PLYMOUTH OVER LANDS HELD FOR CONSERVATION AND RECREATION PURPOSES.

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 the division of capital asset management and maintenance, on behalf of and in consultation with the commissioner of environmental management, may, notwithstanding sections 40E to 40J, inclusive of chapter 7 of the General Laws, convey two easements over a certain parcel of land, currently under the care and control of the department of environmental management and used for recreation purposes, to the town of Plymouth, their successors and assigns, for highway purposes, subject to the requirements of sections 2, 3 and 4, and to such additional terms and conditions consistent with this act as the commissioner may prescribe in consultation with the department of environmental management. The easements to be granted are shown on a plan entitled "Proposed Layout Alteration of a Portion of Long Pond Road, Plymouth, Massachusetts" dated February 23, 2001 prepared by the Plymouth Department of Public Works - Engineering Division, Russell A. Firth, Survey Engineer. The easements are described as follows:

A permanent easement, known as parcel PE-01, is to be granted for highway purposes, excepting from the rights to be granted all easements for wires, pipes, conduits, poles and other appurtenances for the conveyance of water, sewage, gas, oil and electricity and for telephone communications and any other utilities lawfully in or upon the premises to be granted and a temporary easement, is known as parcel TE-20, is to be granted for the purpose of grading, paving and constructing slopes of excavation.

The temporary easement shall allow for the right to enter upon the land at any time during the effective period of this easement for the purpose of effecting the required construction. The temporary easement is to be in effect only for a period of 3 years from the date of recording the easement plans.

SECTION 2. No deed or grant of easement conveying, by or on behalf of the commonwealth, the title to the property described in section 1 shall be valid unless the deed or grant of easement provides that the property shall be used solely for the purposes described in section 1. The deed or grant of easement shall include a reversionary clause that shall stipulate that the property will revert back to the commonwealth and assigned to the care, custody and control of the department of environmental management if the property ceases to be utilized for the express purposes for which it was conveyed or the easement was granted.

SECTION 3. The grantees of the property or recipient of the easement shall assume the cost of any appraisals, surveys and other expenses deemed necessary by the commissioner of the division of capital asset management and maintenance for the granting of title or the easement.

SECTION 4. The grantees or recipient of the easement shall compensate the commonwealth through the transfer of land or an interest of land to the department of environmental management, equal to or greater than the full and fair market value of the property described in section 1, or its value in use as proposed, whichever is greater, as determined by independent appraisal or in a sum equal to the full and fair market value of the property or its value in use as proposed, whichever is greater, as determined by independent appraisal or through some combination thereof.

SECTION 5. The commissioner of the division of capital asset management 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. Said inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. Said commissioner of the division of capital asset management and maintenance shall submit the agreement and any subsequent amendments thereof, the reports and the comments of said 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. The grantees or recipient of the easement of the property shall transfer the land or interest in land or pay the purchase price as determined in accordance with section 4 as set forth in the agreement.

Approved August 10, 2002.