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  • Acts
  • 2003
  • Chapter 38 AN ACT AUTHORIZING THE TRANSFER OF AN EASEMENT UNDER THE CONTROL OF THE DEPARTMENT OF CONSERVATION AND RECREATION IN THE CITY OF LYNN.

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, in consultation with the commissioner of conservation and recreation, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, release an easement in a parcel of land, currently under control of and used by the department of conservation and recreation for conservation and recreational purposes for the Lynn Heritage State Park, to the city of Lynn, or its successors or assigns, holder of the fee, in order that the city of Lynn, or its successors or assigns, may convey the easement subject to the requirements of sections 2, 3, 4, 5 and 6, and to such additional terms and conditions consistent with this act as the commissioner may prescribe in consultation with the department of conservation and recreation.

The easement to be released herein may not be used to increase building density on the parcel of land to be conveyed by the city of Lynn or to create additional lots on this parcel.

The easement to be released under this act, is described in an instrument recorded at Essex south registry of deeds in book 9353, page 423, and is shown as "Uplands 2.453 acres" on a plan of land entitled "Plan of land in Lynn, Mass. for Harborside Landing realty trust, scale 1" = 40', Dec. 21, 1987, Landmark engineering & surveying, Inc.", recorded with Essex south registry of deeds in plan book 234, plan 98.

The commissioner of the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, may not release the land shown as "Flats 6.078 acres" on the plan of land recorded at plan book 234, plan 98, which will remain under the control of and used by the department of conservation and recreation.

The commissioner of the division of capital asset management and maintenance, on behalf of and in consultation with the commissioner of the department of conservation and recreation, may release the obligation of the developer set forth in the "Consent agreement" and exhibits recorded at the Essex south registry of deeds at book 9353, page 423.

SECTION 2. The city of Lynn, or its successors or assigns, shall compensate the commonwealth through all of the following actions:-

(a) transferring a public access easement to the commonwealth, acting by and through the department of conservation and recreation, on a parcel of land shown as "68168+ / - s.f. 1.565 acres" on a plan entitled "Plan of land in Lynn, MA showing easement, Scale 1" = 4-', March 14, 2002, Landmark engineering and surveying, Inc." to be recorded at Essex south registry of deeds. Modifications to this plan may be made before the conveyance of the easement, with the approval of the department of conservation and recreation;

(b) construction on the parcel of land described in clause (a), of a boardwalk, roadway, pedestrian pathway and landscape areas, according to design plans prepared by the grantee and approved by the grantor;

(c) maintaining the improvements constructed under clause (b) in perpetuity;

(d) transferring to the commonwealth, acting by and through the department of conservation and recreation a parcel of land containing 8,139 s.f. at 1 - 19 Exchange street, described in the deed from David L. Keimach to Michael T. Miles, trustee, Miles Group of Lynn Realty trust, recorded in Essex south registry of deeds at book 19345, page 265;

(e) constructing on the parcel of land described in clause (d), a park, according to design plans prepared by the grantee and approved by the grantor;

(f) releasing to the Economic Development and Industrial Corporation of Lynn, in an instrument approved by the department of conservation and recreation, the 891 square foot easement, granted by the Economic Development and Industrial Corporation of Lynn to the city of Lynn, in an instrument recorded at Essex south registry of deeds on December 18, 2001, at book 18064, page 37.

SECTION 3. The city of Lynn, or its successors or assigns, shall assume the costs of due diligence, according to department of conservation and recreation specifications, and other expenses and liabilities related to the exchange of the easements and construction and maintenance of improvements described in clauses (b) and (e) of section 2, considered necessary by the commissioner of the division of capital asset management and maintenance or the department of conservation and recreation. No instrument releasing, by or on behalf of the commonwealth, the title and obligations to the easement described in section 1 shall be valid unless such instrument provides that the easement shall be used solely for the purposes described in said section 1. The instrument shall include a reversionary clause that stipulates that the easement described in said section 1 will revert back to the commonwealth and assigned to the care, custody and control of the department of conservation and recreation if the easement ceases to be used for the express purposes for which it is conveyed.

SECTION 4. In the event that the value of the benefits, as determined by independent appraisal prepared for the division of capital asset management and maintenance in consultation with the department of conservation and recreation, provided by the city of Lynn or its successors or assigns for the exclusive benefit of the commonwealth in clauses (a), (b), (d) and (e) of section 2, are less than the value of the property conveyed in section 1, the grantee shall pay the difference in monetary compensation. Any monetary compensation received by the commonwealth under this section shall be deposited in the Conservation Trust.

SECTION 5. The grantor's obligation to complete the disposition authorized in section 1 shall be conditioned upon the grantee's completion of the obligations set forth in sections 2, 3, 4 and 5, except for the maintenance obligations described in clause (b) of section 2 which shall be perpetual.

SECTION 6. The commissioner of the division 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 7. This act shall take effect upon its passage.

Approved July 24, 2003.