AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A PARCEL OF LAND TO THE TOWN OF BREWSTER
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance by the commonwealth of a certain parcel of land to the town of Brewster, 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 32 to 37, inclusive, of chapter 7C 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 department of conservation and recreation, may convey a certain portion of Nickerson state park acquired for conservation purposes and located in the town of Brewster to the town of Brewster for public way and sidewalk purposes. The parcel contains approximately 6,150 square feet, currently used as a public way and is shown on a plan on file with the department of conservation and recreation. The conveyance shall be subject to such additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, may prescribe. The Nickerson state park parcel is identified on the town of Brewster’s assessors’ map as parcel 114-63-0 and described in a deed recorded in the Barnstable county registry of deeds in book 5418, page 157. The deed or other instrument conveying the parcel to the town of Brewster shall provide that the parcel shall be used solely for public way and sidewalk purposes. The commissioner of capital asset management and maintenance shall determine the exact boundaries of the parcel following completion of a survey.
SECTION 2. As a condition of the conveyance authorized in section 1, the town of Brewster shall compensate the commonwealth through the payment of $2,000 to the department of conservation and recreation. The payment shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws and shall be expended by the department of conservation and recreation for the acquisition of lands or interests in land which shall be permanently held and managed for conservation and recreation purposes by the department of conservation and recreation.
SECTION 3. Notwithstanding any general or special law to the contrary, the town of Brewster shall be responsible for all costs and expenses of the conveyance authorized in section 1 including, but not limited to, the costs of any engineering, surveys, recording fees and deed preparation related to the conveyance as determined by the commissioner of capital asset management and maintenance.
Approved, August 2, 2022.