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  • Acts
  • 2008
  • Chapter 284 AN ACT AUTHORIZING THE CONVEYANCE OF AN EASEMENT OVER CERTAIN CONSERVATION AND RECREATION LANDS INTHE TOWN OF BLACKSTONE.

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 sections 40F to 40I, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management may, on behalf of and in consultation with the commissioner of environmental management, convey an easement over a certain parcel of land and any improvements thereon, currently under the control of and use by the department of environmental management for conservation and recreational purposes for the Southern New England Trunkline trail in the town of Blackstone, to the town of Blackstone, its grantees, successors and assigns, for the purposes of constructing, operating and maintaining utility lines, pipes, wires and necessary appurtenances for water and sewer service to the inhabitants of the town of Blackstone, subject to the requirements of sections 2, 3, 4 and 6 and to such additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance may prescribe in consultation with the commissioner of environmental management. The easement contains 16,600 square feet more or less and is shown on a plan of land entitled "Easement Plan of Land in Blackstone, Massachusetts, Proposed Permanent Utility Easement (Worcester County), scale 1" = 50', Dated: February 7, 2001" to be recorded with Worcester south district registry of deeds and to be filed with the department of environmental management. Modifications to the plan described above may be made prior to the conveyance in order to carry out the purposes of this act.

SECTION 2. No deed conveying, by or on behalf of the commonwealth, the easement described in section 1 shall be valid unless it provides that the easement shall be used solely for the purposes described in said section 1. The deed shall include a reversionary clause that stipulates that the easement shall revert back to the commonwealth and be assigned to the care, custody and control of the department of environmental management if the property ceases to be used for the express purposes for which it was conveyed.

SECTION 3. The easement authorized in section 1 shall be conveyed only if the grantees agree to assume the cost of any appraisals, surveys and other expenses deemed necessary by the commissioner of capital asset management and maintenance for the conveyance.

SECTION 4. In consideration for the conveyance authorized in section 1, the grantees shall transfer land or an interest in land to the department of environmental management, the value of which shall be equal to or greater than the full and fair market value of the property described in said section 1, or its value in use as proposed, whichever is greater, as determined by independent appraisal, or in a sum equal to the full and fair market value of the property or its value in use as proposed, whichever is greater, as determined by independent appraisal, or some combination thereof. The grantees shall, at a minimum and at no cost to the department, install 2 gates consistent with existing department design standards at the vicinity of Fann and Old Elm streets and provide the department with keys for the gates. The grantees shall cooperate in the enforcement of regulations relative to the prohibition of motorized vehicles, after-hours loitering and illegal parking for the Southern New England Trunkline trail and Blackstone Gorge State Park, shall maintain the culvert and stream flow under the trail right-of-way in the vicinity of Rathbun street and shall insure that the proposed utilities are installed at a depth sufficient to not adversely impact future work by the department to grade or resurface the trail.

SECTION 5. Not more than 30 days before the execution of any agreement authorized by this act or any subsequent amendment thereto, the commissioner of capital asset management and maintenance shall submit the agreement or amendment, and a report thereon, to the inspector general for his review and comment. The inspector general shall complete his review and comment within 15 days after receipt of any agreement or amendment. The commissioner shall then submit the agreement and any subsequent amendments thereto, his report and the review and comment of the inspector general to the house and senate committees on ways and means and the chairmen of the joint committee on state administration and regulatory oversight not later than 15 days prior to the execution of the agreement or amendment.

SECTION 6. Any compensation, whether in the form of property or funds, received by the commonwealth pursuant to section 4 shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws.

Approved August 6, 2008