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The 192nd General Court of the Commonwealth of Massachusetts


      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 county of Nantucket may convey without consideration the fee in a parcel of land taken by the county of Nantucket for beach purposes shown on the Nantucket board of assessors’ map 82, as parcel 22, Heller Way/Smooth Hummocks, to the town of Nantucket for beach and open space purposes.
      SECTION 2.  The board of selectmen of the town of Nantucket may sell, convey or otherwise dispose of the fee or lesser interests of any portion of the parcel of land shown on the Nantucket board of assessors’ Map 82, as Parcel 22, Heller way/Smooth Hummocks to the Nantucket Islands Land Bank for beach and open space purposes; provided, however, that any such disposition shall be on such terms and conditions as the board of selectmen deems appropriate, which may include the reservation of easements and restrictions; and provided further, that the following easements and restrictions shall be placed on the property prior to its conveyance: (i) an easement for purposes of access to the beach and for use as a beach, otherwise known as the “One Big Beach Easement”; (ii) an easement preserving the right to use 2 traveled ways that cross the subject property for all purposes for which public ways are commonly used; (iii) the right to dedicate, construct or otherwise establish parking areas consistent with the purpose of clause (i); and (iv) a right of reverter clause for a reversion of title to the town in the event the above restrictions are violated, all as shown on a map entitled “2013 Annual Town Meeting Warrant Article 60” dated January 2013 and filed at the office of the town clerk of the town of Nantucket.
      SECTION 3.  Chapter 30B, except subsections (a), (b) and (g) of section 16, of the General Laws, and any rights of first refusal held by the commonwealth pursuant to section 14 of chapter 34 of the General Laws shall not be applicable to any conveyance authorized in this act.
      SECTION 4.  This act shall take effect upon its passage.

Approved, August 8, 2014.