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  • Acts
  • 2004
  • Chapter 265 AN ACT AUTHORIZING THE UNIVERSITY OF MASSACHUSETTS TO CONVEY A CERTAIN PARCEL OF LAND AND BUILDINGS IN THE TOWN OF NANTUCKET TO THE NANTUCKET CONSERVATION FOUNDATION.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of certain real property in the town of Nantucket, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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 section 40F and section 40F 1/2 of chapter 7 of the General Laws or any other general or special law or rule or regulation to the contrary, the board of trustees of the University of Massachusetts, or any officer designated by the board, may convey to the Nantucket Conservation Foundation, with conditions, a certain parcel of land in the town of Nantucket together with the buildings thereon, now known and numbered as 180 Polpis road, bounded and described below, for conservation purposes. Parcel I

SOUTHERLY by Polpis Road about twenty-one hundred twenty-five (2125) feet:

WESTERLY by Lot F-2 as shown on a plan hereinafter mentioned, being a line in part the middle of a pond; in part the middle line of Fulling Mill Brook; and in part a line between said Brook and low water mark in Nantucket Harbor;

NORTHWESTERLY by said Harbor; and

EASTERLY by land now or formerly of Harriet E. Hollister measuring on the upland about twenty-six hundred forty six (2646) feet.

All of said boundaries, except the water lines, are determined by the land court to be located as shown on plan No. 14311-F, filed with Certificate of Title No. 2689, the same being compiled from a plan drawn by Josiah S. Barrett, Engineer, dated November 2, 1944, and additional information on file in the land registration office, all as modified and approved by the court, and said land is shown as parcel F-1 on said plan. `tuc Said Parcel I is subject to:

(a) The flow of natural water course running through said land as approximately shown on the aforesaid plan No. 14311-F along said westerly boundary line on said lot F-2;

(b) Any encumbrance mentioned in Section forty-six of Chapter 185 of the General Laws of the Commonwealth of Massachusetts, and any amendments thereto, which may be subsisting;

(c) Any and all public rights legally existing in and over said land below mean high water mark.

For grantor's title see certificate of title No. 4808 at the Nantucket registry district. `tuc Parcel II (Vacant Land)

SOUTHERLY AND SOUTHWESTERLY by old Polpis Road about two hundred fifteen (215) feet;

WESTERLY by Lots 5, 4 and 2 as shown on the plan hereinafter mentioned and land now or formerly of Katharine Coe Folger about twelve hundred eighty (1280) feet;

SOUTHERLY, SOUTHWESTERLY, and WESTERLY by the thread of the stream of Fulling Mill Brook;

NORTHERLY by Nantucket Harbor;

EASTERLY by Lot F-1 as shown on said plan about three hundred eighty two (382) feet;

NORTHERLY, NORTHEASTERLY, and EASTERLY by the thread of the stream of Fulling Mill Brook.

All of said boundaries, except the water lines, are determined by the Court to be located as shown on plan numbered 14311-Q drawn by Schofield Brothers, Surveyors, dated January 13, 1965 and filed with the certificate of title No. 5055 at the Nantucket registry district. Said land is shown thereon as Lot 16. `tuc Said Parcel II is subject to:

The easement and right of George Arthur Folger and Katharine Coe Folger, or either of them or of their son, Charles Wesley Folger, also of said Nantucket, for and during their lives and until the death of the last survivor of them, to enter upon and to use all or any part of the granted premises for the purpose of swimming, boating, fishing and gathering quahogs.

For grantor's Title see Certificate of Title No. 5055 at the Nantucket registry district.

SECTION 2. The consideration for the conveyance authorized by this act shall be the full and fair market value of the property and buildings thereon based upon an independent professional appraisal. The inspector general shall review the appraisal. The inspector general shall prepare a report of his review of the methodology used for the appraisal and file the report with the house and senate committees on ways and means and the chairmen of the joint committee on state administration in accordance with this act. The university 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. Nothing in this act shall prevent a submission of an appraisal conducted in the 2 years before the effective date of this act from being submitted 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 university 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 before execution.

SECTION 3. The proceeds of the conveyance shall be deposited in a trust fund established by the board of trustees of the University of Massachusetts and may be used for endowment purposes and managed as such. The proceeds shall be used to benefit university programs of study, including but not limited to the establishment of academic chairs and research programs, of benefit to the environment.

SECTION 4. The Nantucket Conservation Foundation shall pay for all costs of the appraisal, survey and deed preparation for the conveyance of the property and buildings thereon authorized by this act and shall acquire the property and buildings thereon in its as is condition without warranty.

SECTION 5. The property described in section 1 shall be held in its predominantly open and natural condition for and in support of educational, research and conservation purposes and for the purposes set forth in the documents conveying the property from the University of Massachusetts to the Nantucket Conservation Foundation. If the property described in section 1 ceases to be used for such purposes, upon notice of the commissioner of capital asset management and maintenance, in consultation with the University of Massachusetts and following 90 days' notice of reversion to the owner of the property, the property shall revert to the University of Massachusetts if such use is not cured within the 90 day notice period.

Approved August 9, 2004.