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Session Law

2004

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Chapter 202 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO TRANSFER A CERTAIN PARCEL OF CONSERVATION/RECREATION LAND WITHIN THE TOWN OF SANDWICH.

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. Notwithstanding sections 40F to 40I, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, on behalf of an in consultation with the director of the division of state parks and recreation, may convey title to a certain parcel of land and any improvement thereon, currently under the control of and used by the division of state parks and recreation for conservation and recreational purposes for the Shawme Crowell State Forest in the town of Sandwich together with an easement in, over, and upon existing ways and access roads to and from said parcel of land and Route 130 for all purposes for which ways are used in the town of Sandwich, including the installation of water mains and other utilities as appurtenant thereto, to the Sandwich water district, its successors and assigns, for purposes of constructing, maintaining, and operating a water tower for public water supply, subject to the requirements of sections 2, 3, 4, and 6, and to such additional terms and conditions consistent with this act as the commissioner may prescribe in consultation with the division of state parks and recreation. The exact boundaries of the parcel of land, containing approximately 1 acre, and of the easements shall be determined by the commissioner in consultation with the division of state parks and recreation after completion of a survey.

SECTION 2. The deed conveying, by or on behalf of the commonwealth, the title to the property described in section 1 shall not be valid unless the deed provides that the property shall be used solely for the purposes described in section 1. The deed shall include a stipulation that title to the land or permanent utility or right-of-way easements shall revert to the commonwealth and be assigned to the care, custody, and control of the division of state parks and recreation if all or any part of the land or easements cease to be utilized for the express purposes for which they were conveyed.

SECTION 3. The grantee of the property shall pay the cost of any appraisals, surveys and other expenses considered necessary by the commissioner of capital asset management and maintenance for the granting of title.

SECTION 4. The grantees shall compensate the commonwealth through the payment of money or provision of the services described herein, the fair market value of which is equal to the full and fair market value of the property or its value in use as proposed, as determined by independent appraisal; provided that the lease recipient shall provide, at a minimum, 2,000,000 gallons of water per year, free of cost, to the Shawme Crowell State Forest for a period of 20 years commencing in 2039, construct a restroom for state parks and recreation fire observation staff at the base of the existing fire observation tower, including water services and supply, at no cost to the department of environmental management; provided further, that the state parks and recreation fire observation facility shall operate no longer than April 1 to October 30, inclusive, annually, allow access to tower gates for state parks and recreation staff, maintain year-round the access road to the existing fire observation tower in such condition that 2-wheel vehicles may safely utilize the access road and seasonally maintain the grass and vegetation within and immediately abutting the fire observation tower; provided further, that the building plans shall be approved by the division of state parks and recreation prior to construction; provided further, that construction, use and operation of the water tower may not interfere with existing telecommunications or fire observation operations at any time; and, provided further, that the division of state parks and recreation shall have the right to enter into lease agreements for the placement of communications antennas on the water tower in accordance with section 110 of chapter 88 of the acts of 1997, subject to prior approval of the deed recipient, said approval not to be unreasonably withheld or delayed.

SECTION 5. The commissioner 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, 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 before the execution of the agreement. The grantees of the property shall pay the purchase price or perform the services as determined in accordance with section 4 as set forth in the agreement and section 6.

SECTION 6. Any compensation, whether in the form of services, property or funds, received by the commonwealth pursuant to sections 4 and 5 shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws for improvements to facilities, structures, and trails within Shawme Crowell State Forest and Scusset Beach State Reservation.

Approved July 23, 2004.

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