Session Laws

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 deputy commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E through forty J, inclusive, of chapter seven of the General Laws, to convey by deed, approved as to form by the attorney general, temporary and permanent easements, on land within the Shawne-Crowell state park, located in the towns of Sandwich and Bourne, to the Sandwich water district, subject to the provisions of sections two through five and to such additional terms and conditions as the deputy commissioner may prescribe, in consultation with the department of environmental management.

Said land being bounded and described as follows:

A certain parcel of land in the towns of Sandwich and of Bourne, Barnstable County, Massachusetts, being a portion of land of the commonwealth of Massachusetts, department of environmental management.

Beginning at a point on the southerly sideline of Main Street (Route 130) southeasterly 257.93 feet from a concrete bound;

Thence, S 56<=-22'-00" E thirty and no hundredths (30.00) feet along the southerly sideline of Main Street;

Thence, S 33<=-54'-59" W one hundred fifty-six and forty-seven hundredths (156.47) feet;

Thence, S 51<=-56'-02" W one hundred fifty-five and thirty-nine hundredths (155.39) feet;

Thence, S 46<=-31'-32" W one hundred twenty-five and six hundredths (125.06) feet;

Thence, S 52<=-21'-24" W two hundred six and sixty-four hundredths (206.64) feet;

Thence, S 42<=-04'-15" W sixty-nine and fourteen hundredths (69.14) feet;

Thence, S 27<=-28'-01" W ninety-four and fifty-three hundredths (94.53) feet;

Thence, S 16<=-33'-01" W one hundred twenty-five and twelve hundredths (125.12) feet;

Thence, S 21<=-16'-43" W one hundred three and sixty-four hundredths (103.64) feet;

Thence, S 24<=-49'-22" W sixty-six and ninety-nine hundredths (66.99) feet;

Thence, S 29<=-27'-04" W one hundred twenty-seven and sixty-four hundredths (127.64) feet;

Thence, S 35<=-59'-19" W one hundred eighty-three and thirty-five hundredths (183.35) feet;

Thence, S 48<=-40'-26" W sixty and thirty hundredths (60.30) feet;

Thence, S 54<=-30'-04" W one hundred twenty-one and ninety-seven hundredths (121.97) feet;

Thence, S 46<=-34'-27" W fifty-five and eighty-two hundredths (55.82) feet;

Thence, S 20<=-55'-27" W nineteen and four hundredths (19.04) feet;

Thence, N 46<=-33'-54" W four hundred sixty and thirteen hundredths (460.13) feet;

Thence, N 45<=-28'-09" W one hundred eight and twenty-two hundredths (108.22) feet to the town line between Bourne, MA and Sandwich, MA;

Thence, N 45<=-28'-09" W four hundred seventeen and thirty-four hundredths (417.34) feet;

Thence, N 52<=-40'-38" W two hundred five and thirty hundredths (205.30) feet;

Thence, N 65<=-45'-57" W four hundred fifty-four and twenty-two hundredths (454.22) feet;

Thence, S 53<=-36'-09" W one hundred fifty-four and seventeen hundredths (154.17) feet;

Thence, S 61<=-56'-57" W one hundred twenty and seventy-three hundredths (120.73) feet;

Thence, S 25<=-29'-03" W eighty-one and seven hundredths (81.07) feet;

Thence, S 44<=-20'-51" W ninety and six hundredths (90.06) feet;

Thence, S 62<=-56'-15" W one hundred twenty-eight and forty hundredths (128.40) feet;

Thence, S 17<=-09'-21" W two hundred thirty and sixteen hundredths (230.16) feet;

Thence, N 72<=-50'-39" W two hundred and no hundredths (200.00) feet;

Thence, N 17<=-09'-21" E two hundred fifty and no hundredths (250.00) feet;

Thence, S 72<=-50'-39" E one hundred sixty-eight and thirty-seven hundredths (168.37) feet;

Thence, N 62<=-56'-15" E one hundred fifty and ninety-nine hundredths (150.99) feet;

Thence, N 44<=-20'-51" E sixty and forty-seven hundredths (60.47) feet;

Thence, N 25<=-29'-03" E eighty-five and ninety-seven hundredths (85.97) feet;

Thence, N 61<=-56'-57" E one hundred twenty-eight and forty-three hundredths (128.43) feet;

Thence, N 53<=-36'-09" E one hundred sixty-nine and fifty-three hundredths (169.53) feet;

Thence, S 65<=-45'-57" E four hundred seventy-five and twenty hundredths (475.20) feet;

Thence, S 52<=-40'-38" E two hundred ten and sixty-three hundredths (210.63) feet;

Thence, S 45<=-28'-09" E three hundred ninety-nine and twenty-one hundredths (399.21) feet to the town line between Bourne, MA and Sandwich, MA;

Thence, S 45<=-28'-09" E one hundred twenty-seven and ninety-six hundredths (127.96) feet;

Thence, S 46<=-33'-54" E four hundred twenty-three and nineteen hundredths (423.19) feet;

Thence, N 46<=-34'-27" E forty-seven and twelve hundredths (47.12) feet;

Thence, N 54<=-30'-04" E one hundred twenty-two and fifty-two hundredths (122.52) feet;

Thence, N 48<=-40'-26" E fifty-five and forty-four hundredths (55.44) feet;

Thence, N 35<=-59'-19" E one hundred seventy-eight and thirty hundredths (178.30) feet;

Thence, N 29<=-27'-04" E one hundred twenty-four and seventy-one hundredths (124.71) feet;

Thence, N 24<=-49'-22" E sixty-four and eighty-five hundredths (64.85) feet;

Thence, N 21<=-16'-43" E one hundred one and forty-eight hundredths (101.48) feet;

Thence, N 16<=-33'-01" E one hundred twenty-six and seventy-five hundredths (126.75) feet;

Thence, N 27<=-28'-01" E one hundred one and twenty-four hundredths (101.24) feet;

Thence, N 42<=-04'-15" E seventy-five and sixty-eight hundredths (75.68) feet;

Thence, N 52<=-21'-24" E two hundred seven and eighty-one hundredths (207.81) feet;

Thence, N 46<=-31'-32" E one hundred twenty-four and ninety-four hundredths (124.94) feet;

Thence, N 51<=-56'-02" E one hundred fifty-two and five hundredths (152.05) feet;

Thence, N 33<=-54'-59" E one hundred fifty-one and fifty-seven hundredths (151.57) feet to the point of beginning and containing 100,539 square feet of land in the Town of Bourne, MA. and containing 66,304 square feet of land in the Town of Sandwich, MA. as shown on an Easement Plan of Land by Whitman & Howard, Inc. dated December 3, 1987.

SECTION 2. No deed conveying by or on behalf of the commonwealth the easements described in section one shall be valid unless such deed provides that said easements shall be used for the purpose of constructing a water storage tank and appurtenances, relative to water service distribution and accessibility, and the operation and maintenance of said storage tank, appurtenances and access road, to include the vehicular passage and access of Sandwich water district personnel.

SECTION 3. The Sandwich water district shall assume the costs of appraisals, surveys and other expenses as deemed necessary by the deputy commissioner for the granting of this easement.

SECTION 4. The consideration for such temporary and permanent easement conveyances shall be the fair market value of said parcel, as determined by an independent appraisal, and paid either in funds, an exchange of land, municipal services, or a combination, thereof. Said consideration to be agreed upon by the Sandwich water district and the deputy commissioner in consultation with the department of environmental management.

SECTION 5. In the event that the above mentioned easements are not used for the purposes described in section one within three years of the effective date of this act, or if the Sandwich water district ceases to use the easements for such purpose at any time, the easements shall revert to the commonwealth under such terms and conditions as the deputy commissioner may prescribe.