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Session Law

2008

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Chapter 279 AN ACT RELATIVE TO CERTAIN PROPERTY IN THE TOWN OF CHILMARK.

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 Chilmark, acting by and through its board of selectmen, subject to the provisions of section 2, 4 and 5 shall convey 2 parcels of land to Howard W. Hillman or his nominee. The parcels to be conveyed are shown as A1 and A2 on a plan of land entitled “Plan of Land in Chilmark, Massachusetts” dated March 5, 2003 prepared by Scholfield, Barbini and Hoehn and filed in the Dukes County registry of deeds as Chilmark case file No. 352 together with an appurtenant right of passage to and from Middle road. The Martha’s Vineyard land bank commission shall convey to Howard W. Hillman or his nominee all of parcel B on the plan except only a narrow strip of land comprising 0.15 acres along a portion of the easterly boundary. Such conveyances shall include the relinquishment by the town of any right or easement to use Sarah Brown Lane or the strip of land.

SECTION 2. In consideration of the conveyances authorized in section 1, Howard W. Hillman shall convey 2 parcels of land to the town of Chilmark and the Martha’s Vineyard land bank commission. The parcels are shown on Chilmark assessor’s Map 11 as parcels 45 and 46. After preparation of a subdivision plan by the town dividing up the parcels into 6 lots, the northernmost and southernmost lots shall be conveyed to the Martha’s Vineyard land bank commission and the 4 interior lots shall be conveyed to the town of Chilmark for affordable housing purposes.

SECTION 3.
The town of Chilmark, acting by and through its board of selectmen, shall grant a trail easement over the 4 interior lots to the Martha’s Vineyard land bank commission.

SECTION 4. Howard W. Hillman shall grant a conservation restriction over a portion of the land conveyed to him in section 1 to the Martha’s Vineyard land bank commission.

SECTION 5. Howard W. Hillman shall grant a conditional trail easement along a portion of the easterly boundary of parcel B to the Martha’s Vineyard land bank commission, the rights of which shall be exercised under prescribed circumstances.

SECTION 6. Howard W. Hillman shall grant a trail easement over a certain parcel of land to the Martha’s Vineyard land bank commission. Said parcel is shown on land court Plan 20457A as Lot 3.

SECTION 7. In consideration for the trail easement granted in section 6, the Martha’s Vineyard land bank commission shall terminate its right and easement, acquired as an appurtenance to property to the north of Lot 3 previously purchased by the Martha’s Vineyard land bank commission, to travel over any of the ways or other roads located on Lot 3.

Approved August 6, 2008


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