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The 192nd General Court of the Commonwealth of Massachusetts


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 chapter 7 of the General Laws, or any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may convey a parcel of land currently managed for conservation and recreation purposes under the jurisdiction and control of the department of conservation and recreation to the town of Ayer for the purpose of construction and maintenance of a public parking facility at the trailhead of the Nashua river rail trail, subject to sections 2 and 3 and to such additional terms and conditions consistent with this act as the commissioner may prescribe in consultation with the commissioner of conservation and recreation. The parcel is located southerly of Groton street, easterly of Park street and northerly of Main street, is shown as land owned by “Boston & Maine Railroad, Worcester, Nashua & Portland Division” on town of Ayer assessor’s map no. 26 and consists of approximately 88,000 square feet. A metes and bounds survey satisfactory to the commissioner of capital asset management shall be produced prior to execution of any deed by the commissioner. To carry out the purposes of this act, modifications to the plan described above may be made before the easement grant is recorded. The grantee shall fund all expenses associated with any land survey, appraisal, title examinations, recording fees or any other expenses relating to the conveyance of the parcel.

SECTION 2. No conveyance by or on behalf of the commonwealth of the property described in section 1 shall be valid unless the deed provides that the parcel shall be used solely for the purposes described in section 1. The deed shall include a stipulation that title will revert to the commonwealth and be assigned to the care and custody of the department of conservation and recreation if the property ceases to be used for the express purpose for which it was conveyed. The deed shall contain provisions requiring that: (i) any parking facility must provide a minimum of 50 parking spaces free-of-charge to recreational users of the Ayer to Dunstable rail trail; (ii) the commissioner of conservation and recreation shall have the right to approve the design of any proposed improvements, with such approval not to be unreasonably withheld or delayed; (iii) the town of Ayer shall assume responsibility for the complete maintenance of the rail trial within the adjacent area for a distance of 300 feet; and (iv) these conditions shall run with the land.

SECTION 3. This act shall take effect upon its passage.

Approved August 9, 2006.