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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE CONVEYANCE OF EASEMENTS IN THE TOWN OF EASTHAM

     Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize the conveyance of easements to the town of Eastham, 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.  (a) Notwithstanding sections 34 to 37 of chapter 7C of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may grant 2 subsurface easements upon a certain parcel of land currently under the care and control of the department of conservation and recreation and held for conservation and recreation purposes to the town of Eastham to be used for the installation, maintenance, repair and replacement of municipal water distribution systems subject to the requirements of sections 2 to 5, inclusive, 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 conservation and recreation. The town’s easement rights, including rights for the installation, maintenance and repair of infrastructure, shall not limit, restrict or close access to the Cape Cod rail trail for any period of time, except as approved in writing by the department of conservation and recreation in its sole discretion. The 2 easement areas collectively contain 20,950 square feet, more or less, and are shown as “Inset Plan A” and “Inset Plan B” on a plan of land entitled “Contract 2 Water Supply Wells, Control Building, & Piping, Eastham, Massachusetts”. The division shall prepare a survey sufficient for recording at the Barnstable registry of deeds. Prior to finalizing the transaction or making the conveyance authorized in this section, the division of capital asset management and maintenance may make minor modifications to the area and plan in order to carry out this act.
     (b) An independent appraisal of the fair market value and value in use of the easements described in section 1 shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. Consideration for the grant of the above-described easements shall be the full and fair market value or the value in proposed use, whichever is greater, as determined by the commissioner of capital asset management and calculated with regard to its full development potential as assembled with other lands owned or otherwise controlled by the grantee. The commissioner of capital asset management and maintenance shall submit any appraisals to the inspector general for review and comment. The inspector general shall review and approve any such appraisals and the review shall include an examination of the methodology utilized for the appraisals. The inspector general shall prepare a report of such review and file the report with the commissioner of capital asset management and maintenance for submission by the commissioner to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The commissioner shall submit copies of the appraisals and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of any documents effecting the transfers described in this section.
     (c) To ensure a no-net-loss of lands protected for natural resource purposes, the grantee also shall compensate the commonwealth for the interest in land described in section 1 through the transfer to the department of conservation and recreation of land, an interest of land or funding for the acquisition of land or an interest therein equal to or greater than the resource value of the land described in subsection (a) and the highest appraised value as determined under subsection (b). The fair market value of any land or interest in land proposed to be conveyed by the grantee to the department shall be included within the appraisal prepared pursuant to said subsection (b). The land, interest in land or funding shall be acceptable to the department of conservation and recreation and any land or interest in land, whether conveyed by the grantee or acquired by the department, shall be permanently held and managed for conservation and recreation purposes by the department. Should the appraised value of any land or interests in land be determined to be greater than the appraised value of the interests in land described in subsection (a), the commonwealth shall have no obligation to pay the difference to the grantee. All payments paid to the commonwealth as a result of the conveyances or grants authorized by this act shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws.
     (d) The grantee shall assume all costs associated with engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyances authorized in this section.
     (e) No instrument executed pursuant to this section shall be valid unless it provides that the easements shall be used solely for the purposes described in subsection (c). The instrument authorized in subsection (a) shall include a reversionary clause that stipulates the property shall revert to the commonwealth and be assigned to the care, custody and control of the department of conservation and recreation, upon such terms and conditions as the commissioner of capital asset management and maintenance may determine, if the property ceases to be used for the express purposes authorized in this section. If any interest reverts to the commonwealth, any further disposition shall be subject to sections 34 to 37, inclusive, of chapter 7C of the General Laws and the prior approval of the general court.
     SECTION 2. The Nauset Regional School District may grant to the town of Eastham a perpetual, assignable easement to run with the land over a certain parcel of land which is a portion of the land owned by the district and acquired for school purposes, located at 100 Cable road. The land is more particularly described in a deed recorded with the Barnstable county registry of deeds in book 1393, page 881. The easement shall include the right in the town to retain groundwater monitoring wells and drinking water supply wells on the parcel for all purposes and uses incidental thereto along with any necessary appurtenances. The district may grant to the town the rights of access, installation, operation, maintenance, repair, removal and control of the easement and rights of entry upon and passage over the parcel from time to time for all purposes stated in the grant of easement and the uses incidental thereto. The district may grant to the town all reasonable rights of ingress and egress across adjoining lands owned by the district as may be necessary for the exercise of the rights granted in this section. The town shall indemnify and hold harmless the district from and against any loss, damage or liability arising out of the town's exercise of the rights and easement and shall provide to the district, potable water needs for 99 years at no additional cost. The easement shall be subject to the right expressly reserved by the district to continue to use the parcel for all purposes not adverse to the rights granted by this section.
     The easement is shown on a plan of land entitled "Plan of Utility Easement at Nauset Regional High School" prepared by: Coastal Engineering Company, dated October 28, 2011 to be recorded in the Barnstable county registry of deeds.