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 Wellesley may convey a certain parcel of parkland to Erik Garpestad and Kathleen E. Walsh to be used for residential purposes. Said parcel is shown as Lot X on a plan of land entitled “Plan of Land in Wellesley, MA, 12 Marvin Road” prepared by Bruce Bradford, Professional Land Surveyor, dated February 9, 2005, a copy of which is on file in the office of the town clerk. Said conveyance shall not be made until the town has acquired good title to a parcel owned by Garpestad and Walsh, which is shown as Lot Y on said plan.
SECTION 2. In consideration of the conveyance authorized in section 1, Erik Garpestad and Kathleen E. Walsh shall convey to the town the parcel shown as Lot Y on said plan for parkland purposes and held under the control of the natural resources commission. The town may grant to Erik Garpestad and Kathleen E. Walsh, their successors and assigns, an easement to allow a storm drainage pipe to pass through said Lot Y. The board of selectmen shall determine whether Lot Y is equal to or greater than the full and fair market value of Lot X, or its value in use as proposed, whichever is greater, as determined by independent appraisal. If there is a disparity in these values in favor of the grantee, the grantee shall pay a sum equal to the difference to the town of Wellesley for deposit in its open space fund or otherwise dedicated to open space preservation.
SECTION 3. This act shall take effect upon its passage.
Approved June 27, 2007.