AN ACT AUTHORIZING THE DEPARTMENT OF FISH AND GAME TO RELEASE A CERTAIN CONSERVATION RESTRICTION ON CERTAIN PROPERTY IN EXCHANGE FOR ACQUIRING A CERTAIN PARCEL OF LAND IN THE TOWN OF WINCHENDON
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the department of fish and game to release a certain conservation restriction in the town of Winchendon in exchange for acquiring a certain other parcel, 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:
(a) Notwithstanding any general or special law to the contrary, the department of fish and game may release a portion of the conservation restriction and conservation easement, approximately 1 acre in size, identified as “Proposed Transmission Easement to Benefit New England Power Co.”, shown on a plan of land entitled “Proposed H-134 Transmission Line, Conceptual Plan of Easement, Benjamin Street, Winchendon, MA”, dated 8/22/11 and on file in the offices of the department. The release of the conservation restriction and conservation easement shall comply with paragraph (IV) of the restriction and easement, as recorded in book 30926, page 54 in the Worcester district registry of deeds. The release shall only be executed if the New England Power Company agrees to the consideration provided for in subsection (b).
(b) In consideration for the release authorized in subsection (a), the New England Power Company shall convey to the department of fish and game a certain parcel of land, approximately 30 acres in size, identified as Parcel A on a plan of land entitled “Sketch of Land to be Conveyed to Fish & Game” and dated January 11, 2013 and on file in the offices of the department. The conveyance shall constitute full, fair and reasonable consideration for the release. The conveyance shall be subject to an easement to be reserved by the New England Power Company and identified on the aforementioned plan as “Approximate Proposed Easement to be Retained”, which shall include:
(1) the perpetual, exclusive right and easement to construct, reconstruct, install, repair, replace, maintain, operate, use, inspect and patrol for the transmission and distribution of high and low voltage electric energy and for the transmission of intelligence, by any means, whether now existing or hereafter devised, lines of towers or poles or both or any combination of the same with wires and cables strung upon and from the same, any of which may be erected or constructed at the same or different times, together with all guy wires, foundations, anchors, antennae, braces, fittings, buried ground wires and other equipment or appurtenances reasonably required, collectively hereinafter referred to as the “facilities”, including, without limitation, such footbridges, causeways and ways of access, if any, as may be necessary for the convenient construction, reconstruction, installation, repair, replacement, maintenance, operation, use, inspection and patrolling of such facilities;
(2) the perpetual, exclusive right and easement to renew, replace, remove, add to, modify or otherwise change the facilities or any part thereof and all appurtenances thereto and the locations thereof within the easement area;
(3) the perpetual right and easement to pass and repass on foot and with vehicles and equipment along the easement area to and from the adjoining lands and to pass and repass over other lands of the grantor to and from the easement area as reasonably required;
(4) the perpetual right and easement from time to time, without further payment therefor, to clear and keep cleared by physical, chemical or other means, the easement area of trees, underbrush and above-ground and below-ground buildings, structures or objects; provided, however, that the first clearing may be for less than the full width and may be widened from time to time to the full width; and
(5) the perpetual right and easement to pave, excavate, remove soils from, fill or change the grade of the easement area as is reasonable, necessary and proper in connection with the exercise of the foregoing rights and easements.
(c) Costs and expenses associated with the transactions authorized in this act shall be apportioned as provided in the written agreement between the department of fish and game and the New England Power Company.
Approved, August 5, 2014.