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  • Acts
  • 2012
  • Chapter 226 AN ACT AUTHORIZING THE DIVISION OF CAPITAL MANAGEMENT AND MAINTENANCE TO GRANT AN EASEMENT OVER A PARCEL OF LAND IN THE TOWN OF NEEDHAM IN EXCHANGE FOR A PARCEL OF LAND TO BE CONVEYED TO THE COMMONWEALTH.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to grant forthwith an easement over a parcel of land managed for conservation and recreation purposes to the town of Needham, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may grant an easement for no monetary consideration for stormwater management purposes over land described in section 2 and located in the town of Needham, and currently under the care and control of the department of conservation and recreation for recreation and conservation purposes, to the town of Needham.

SECTION 2. The easement granted to the town of Needham contains approximately 1,358 square feet of land located along the Charles river and is described as Parcel DS-1 on a plan of land entitled “Alteration Plan for a Portion of South Street in Needham, Massachusetts” dated April 13, 2010, and recorded in the Norfolk District Registry of Deeds on June 30, 2010 in Plan Book 600, Page 82. The exact boundaries of the easement shall be determined by the commissioner of capital asset management and maintenance in consultation with the commissioner of conservation and recreation after completion of a survey. This easement shall be conveyed by deed without warranties or representations by the commonwealth.

SECTION 3. In consideration for and as a condition of the grant of easement authorized in section 1 and to ensure a no-net-loss of lands protected for natural resource and recreation purposes, the town of Needham shall convey to the commonwealth for no monetary consideration a fee interest in municipal land located in the town of Needham and lying between Great Plain avenue, state highway route 128 and the Charles river. The parcel, comprising approximately 4.67 acres, was previously acquired by the town of Needham for water supply purposes and is more particularly described as parcel 301-6 on a plan of land entitled “Needham – Topographic and Boundary Survey Plan, Great Plain Ave., Green International Affiliates, Inc., Consulting Engineers, Westford Massachusetts, 7/27/2012.” Any land area that exceeds the amount necessary to ensure a no-net-loss of lands protected for natural resource and recreation purposes shall be available to the Town of Needham to satisfy no-net-loss of lands for a period not to exceed ten years from the date of enactment of this bill. The Massachusetts department of transportation shall perform a survey to determine the valuation and surplus of lands described in this section.

SECTION 4. Notwithstanding any general or special law to the contrary, the town of Needham shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the conveyances authorized pursuant to this act as such costs may be determined by the commissioner of capital asset management and maintenance.

SECTION 5. The town of Needham shall use the easement described in section 2 solely for the purposes of stormwater management. The easement or other agreement pertaining to the grant of the easement to the town of Needham shall include a provision restricting the use of the property to such purposes and providing that such property shall revert to the commonwealth, under the care and control of the department of conservation and recreation, if the property ceases to be so used or is used for any other purpose.

Approved, August 6, 2012.