AN ACT AUTHORIZING DISPOSITION OF CERTAIN CONSERVATION AND RECREATION LANDS UNDER THE CARE, CUSTODY AND CONTROL OF THE DEPARTMENT OF CONSERVATION AND RECREATION WITHIN THE TOWN OF MASHPEE.
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 capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may, notwithstanding sections 40F to 40I, inclusive, of chapter 7 of the General Laws, convey title to a certain parcel of land and any improvements located thereon, currently under control of and used by the department of conservation and recreation for conservation and recreational purposes for the South Cape Beach, in the town of Mashpee, to the town of Mashpee, for purposes of satisfying section 17 of an agreement between the town of Mashpee and the department of conservation and recreation dated June 29, 1981 and section 2 of chapter 287 of the acts of 1982. This parcel shall be used solely for conservation and recreation purposes, passive recreation purposes only, with shoreline access limited to non-motorized boats and canoes, and open to the general public without restriction or discrimination. Vehicular access shall be across lands of the department of conservation and recreation using Willis Work Road, an unimproved woods road, during the normal operating hours for South Cape Beach State Park, but additional access provisions may be agreed to between the town of Mashpee and the department of conservation and recreation in writing. The commissioner of capital asset management may add additional terms and conditions consistent with this act, in consultation with the department of conservation and recreation. This parcel of land is shown as “Parcel A” on a plan of land entitled “Map of Land in Mashpee, Massachusetts Showing Parcels to Be Conveyed by the Commonwealth of Massachusetts to the Town of Mashpee, by Caputo and Wick, LTD., May 1989,” on file with the department of conservation and recreation. Modifications to this plan may be made before conveyance to carry out the purposes of this act.
SECTION 2. No deed conveying, by or on behalf of the commonwealth, the title to the property described in section 1 shall 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 reversionary clause that stipulates that the property will revert to the commonwealth and assigned to the care, custody and control of the department of conservation and recreation if the property ceases to be used for the express purposes for which it was conveyed.
SECTION 3. The grantees of the property shall assume the cost of any surveys, title certifications and other expenses considered necessary by the commissioner of capital asset management and maintenance for the granting of title.
SECTION 4. This transfer shall be for no compensation in satisfaction of the 1981 agreement between the town of Mashpee and the department of environmental management and as set forth in section 2 of chapter 287 of the acts of 1982.
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 after 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 bonding, capital expenditures and state assets at least 15 days before execution.
Approved August 9, 2006.