AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT AN EASEMENT TO THE COUNTY OF NANTUCKET.
, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for public recreation and transportation in Nantucket county and to qualify for federal funding before the deadline for applying for such funding, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
The commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of the department of mental health, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, grant, by easement agreement approved as to form by the attorney general, a 460 foot temporary construction easement and a 197 square foot permanent easement, more or less, and shown as TE-15 and PE-15 on a plan entitled "Fairgrounds Road Bicycle Path: 75% Submission" by Copley/Wolff Joint Venture dated May 31, 2001, to Nantucket county over certain property located at
42 Fairgrounds road, in the town of Nantucket. The exact boundaries of the
easements shall be determined by the commissioner of capital asset management
and maintenance in consultation with the commissioner of mental health after
completion of a survey. The easements authorized by
this act shall be for the purposes of constructing, maintaining and utilizing
the Fairgrounds road bicycle path to provide a safe and enjoyable bicycle and
pedestrian link from the Surfside road bicycle path to the proposed Old South
road and Milestone road bicycle paths and, in fulfilling the goals of the
Intermodal Surface Transportation Efficiency Act, by enhancing Nantucket's
multimodal transportation system in an effort to reduce traffic congestion,
improve safety and encourage an alternative to the use of private passenger
motor vehicles on the island of Nantucket.
If the easement ceases to be used at any time for the
contained in section 1 or is used for any purpose other than the purpose
stated in said section 1, the easement shall upon notice by the commissioner
of the division of capital asset management and maintenance, revert to the care
and control of
the commonwealth, and any further disposition of the property shall be subject
sections 40E to 40J, inclusive, of chapter 7 of the General Laws and require
the prior approval of the general court.
Nantucket county shall pay for all costs associated
with the disposition authorized by this act as determined necessary by the
commissioner of the division of capital asset management and maintenance,
including the costs
of any appraisals or surveys relating to the transfer of said easement.