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Session Law

2006

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Chapter 92 AN ACT AUTHORIZING THE TOWN OF CANTON TO GRANT CERTAIN EASEMENTS.

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 town of Canton may grant permanent slope and support easements to Pequit Development Partners, LLC, and its successors and assigns over a certain portion of town land described in deeds recorded with the Norfolk county registry of deeds at Book 1894, page 532, book 1703, page 297 and book 1734, page 495, this land having been purchased by the town of Canton in the town of Stoughton for water supply purposes. The permanent easement areas on the town land are shown on a plan of land entitled “Sketch Plan A (6’ to 7’ Wall and Riprap) 10/10/05”, prepared by Carter Burgess, on file with the town of Canton conservation commission and to be recorded with the Norfolk county registry of deeds. Minor modifications to the easement description set forth in the plan described above may be made to conform to a final land survey of the town land or to further the purposes of this act. The town of Canton may also grant to Pequit Development Partners, LLC, and its successors and assigns a temporary access easement to enter onto the town land for access to and use of the slope easement. Any such temporary access easement shall terminate on June 1, 2008.

SECTION 2. The easements authorized in section 1 shall be appurtenant to Pequit Development Partners, LLC’s land, which abuts town land and is shown as lot A on a plan drawn by Robert B. Bellamy, surveyor, dated February 7 and 20, 1947, as modified and approved by the land court and filed in the land registration office as No. 20744A, a copy of a portion of which is filed in the Norfolk registry of deeds with certificate no. 40353, book 202. These easements shall be used by Pequit Development Partners, LLC to effect the grading and support of slopes adjacent to its property and to implement related conservation measures, all in furtherance of the construction of an affordable housing project authorized by the town of Canton on property of Pequit Development Partners, LLC.

SECTION 3. In consideration of the easements authorized in section 1, Pequit Development Partners, LLC shall grant to the town of Canton an access easement over its property, a form of which is on file with the town, and shall implement mitigation measures outlined in its October 19, 2005 meeting with the Canton conservation commission. These mitigation measures shall consist of performing $65,000 of work on the property of the Canton conservation commission, including, but not limited to, cleaning trash from the property, repairing a trail system, building 2 bridges, blocking vehicle access to the property and restoring the gravel pit.

SECTION 4. This act shall take effect upon its passage.

Approved May 31, 2006.

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