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  • Acts
  • 2002
  • Chapter 269 AN ACT AUTHORIZING THE COMMONWEALTH TO TAKE OR ACQUIRE CONSERVATION RESTRICTIONS IN AND TO LANDS OF THE AUBURN WATER DISTRICT.

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 division of fisheries and wildlife and the department of environmental management, in consultation with the division of capital assets management and maintenance, may take under chapter 79 of the General Laws certain easements and lesser interests in certain parcels of land acquired for watershed and water supply purposes located in the town of Auburn. The taking shall not be made without the prior written approval of the commissioners of Auburn Water District. The parcels are described in section 3.

SECTION 2. The Auburn Water District may grant certain easements and conservation restrictions in certain parcels of watershed and water supply land to the division of fisheries and wildlife and the department of environmental management. The parcels are described in section 3.

SECTION 3. The parcels are identified as follows and contain both recorded and registered lands: all of the lands, including lands under water, in the town of Auburn as described in a deed recorded in the Worcester county registry of deeds in Book 24726, Page 136, as corrected and confirmed in a deed recorded in Book 25575, Page 187, and by a deed registered as document number 75472 and noted on Certificate of Title number 14530; and parcels 39-8 and 39-9 as shown on the Assessor's maps in the town of Auburn.

SECTION 4. The easements and conservation restrictions authorized herein shall ensure the prevention and protection of water supply and watershed lands, the preservation and protection of associated wildlife and habitat and passive recreation and consistent purposes in and to all or a portion of the parcels described in section 3. The conservation restrictions authorized herein shall allow for the continuation of the purposes on all or a portion of the parcels, however said conservation restrictions may restrict or regulate, but not unreasonably limit, the acts or uses associated with conducting said purposes. The conservation restrictions, if taken and not otherwise acquired, shall be subject to any easement or lesser interest in land or encumbrance held by any person or governmental agency, except for the Auburn Water District, that lawfully exists and that is recorded in the appropriate registry of deeds, unless the commonwealth expressly takes the easement or lesser interest or encumbrance through eminent domain in accordance with chapter 79 of the General Laws. The consideration and full satisfaction of any damages for the conservation restrictions shall be in the form of the award, acceptance and reimbursement of certain costs through a grant agreement under the aquifer land acquisition program, so-called, between the Auburn Water District and the department of environmental protection.

Approved August 10, 2002.