Massachusetts HD 4952: An Act authorizing the commissioner of capital asset management and maintenance to grant an easement in the town of Wellfleet

Bill Text

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HOUSE DOCKET, NO. 4952 FILED ON: 3/22/2022
HOUSE . . . . . . . . . . . . . . . No. 5087

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Sarah K. Peake
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing the commissioner of capital asset management and maintenance to grant an
easement in the town of Wellfleet.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Sarah K. Peake 4th Barnstable 3/22/2022
Julian Cyr Cape and Islands 3/24/2022

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HOUSE DOCKET, NO. 4952 FILED ON: 3/22/2022
HOUSE . . . . . . . . . . . . . . . No. 5087
By Ms. Peake of Provincetown, a petition (subject to Joint Rule 12) of Sarah K. Peake and Julian
Cyr (by vote of the town) that the commissioner of Capital Asset Management and Maintenance
be authorized to grant an easement in the town of Wellfleet. State Administration and
Regulatory Oversight. [Local Approval Received.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________

An Act authorizing the commissioner of capital asset management and maintenance to grant an
easement in the town of Wellfleet.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
2 Laws or any other general or special law to the contrary, the Commissioner of Capital Asset
3 Management and Maintenance, in consultation with the Commissioner of conservation and
4 recreation, may convey, for no monetary consideration, a permanent nonexclusive easement to
5 Judith Blakeley Life Estate, Richard Blakeley, Remainderman, and Blackfish Creek Shellfish
6 Company in a portion of a certain parcel of land located within the town of Wellfleet, under the
7 care and control of the Department of Conservation and Recreation and held for conservation
8 and recreation purposes, described in a deed recorded with the Barnstable County Registry of
9 Deeds in book 3377, page 069. The easement may be granted solely for purposes of a curb cut
10 for vehicular access, the benefited land being described in a deed recorded with the Barnstable
11 County registry of deeds in book 15500, page 50, and shall be subject to the further requirements

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12 of this act and subject to such additional terms and conditions consistent with this act as the
13 Commissioner of Capital Asset Management and Maintenance may prescribe in consultation
14 with the Department of Conservation and Recreation.
15 The easement described in this section shall be comprised of XXX square feet of land,
16 more or less, identified as “____________” as shown on the plan of land entitled
17 “________________” dated _________, prepared by ___________. The plan shall be filed with
18 the Department of Conservation and Recreation and to be recorded with the Barnstable County
19 registry of deeds along with the easement.
20 Modifications to the easement description set forth in the plan and the plan may be made
21 by the division of capital asset management and maintenance for conformance with this act. The
22 easement shall be granted without warranties or representations by the Commonwealth.
23 SECTION 2. Notwithstanding any general or special law to the contrary, the
24 Commissioner of conservation and recreation may grant a license or permit for nominal
25 consideration to Judith Blakeley Life Estate to provide Judith Blakeley Life Estate with use and
26 occupation of the above referenced parcel, and liability and responsibility for such use and
27 occupation, and, for the purposes of this act, such licenses or permits shall govern until the grant
28 of easement authorized in this act takes effect.
29 SECTION 3. No easement instrument conveying, by or on behalf of the Commonwealth,
30 the easement described in Section 1 shall be valid unless such easement instrument provides that
31 the easement shall be used solely for the purposes described in said Section 1. The easement
32 instrument shall include a clause that shall state that if the easement ceases to be used by the
33 grantees, or their successors or assigns, for the purposes described in section 1 at any time, the

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34 easement shall terminate and all rights shall revert to the Commonwealth under the care and
35 control of the Department of Conservation and Recreation, upon such terms and conditions as
36 the Commissioner may determine.
37 SECTION 4. The fair market value of the easement described in Section 1, or the value
38 in use as proposed, shall be based on independent professional appraisals, as commissioned by
39 the Commissioner of Capital Asset Management and Maintenance. Judith Blakeley Life Estate
40 sh