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 town of Orleans hereinafter referred to as the "grantor" is hereby authorized to convey to the commonwealth hereinafter referred to as the "grantee", an easement for recreational purposes over all or portions of seven parcels of land presently held by the town of Orleans for general municipal purposes including conservation and recreation which parcels are more fully described in a deed recorded at the Barnstable county registry of deeds at Book 2209, Page 216.

SECTION 2. Said easement is more fully bounded and described as Easement Parcels "A", "B", "C", "D", "E", "F" and "G", as shown on a plan on file in the office of the board of selectmen entitled "Commonwealth of Massachusetts, Department of Environmental Management Division of Planning and Development, Plan of Easement and Land Owned by the Town of Orleans Mass., Scale 1" = 100', Date: December 1989 consisting of two sheets and further described as follows:

(a) Easement Parcel "A":

Beginning at the Brewster-Orleans Town Line at a point 10.00 feet left of center line of the railroad formerly of the Penn Central Transportation Company; thence N 79<=-28'-47" E a distance of 125 feet + to a point of curvature, said point being 10.00 feet left of center line station 3120+94.07; thence along a curve to the left having a radius of 1422.69 feet, a distance of 1092.55 feet to a point of tangency, said point being 10.00 feet left of center line station 3131+94.07; thence N 35<=-28'-47" E a distance of 39.83 feet to a point of curvature; said point being 10.00 feet left of center line of curvature thence along a curve to the right having a radius of 1442.69 feet, a distance of 1114 feet + to the west line of the Mid-Cape Highway as conveyed to the Commonwealth of Massachusetts in Book 966 Page 393; thence southerly and along the west line of the Mid-Cape Highway, said line being on a curve to the left having a radius of 11,000.0 feet, a distance of 20.6 feet + to point 10.00 feet south of said center line; thence westerly along a curve to the left having a radius of 1422.69 feet, a distance of 1097 feet + to a point of tangency, said point being 10.00 feet right of center line station 3132+33.90; thence S 35<=-28'-47" W a distance of 39.83 feet to a point of curvature, said point being 10.00 feet right of center line station 3131+94.07; thence along a curve to the right having a radius of 1442.69 feet, a distance of 1107.91 feet to a point of tangency; said point being 10.00 feet right of center line station 3120+94.07; thence S 79<=-29'-47" W a distance of 125' feet + to the Orleans - Brewster town line; thence northerly and along said town line a distance of 20 feet + to the point of beginning. Containing 1.09 acres +.

(b) Easement Parcel "B":

Beginning at a point on the easterly line of the Mid-Cape Highway as conveyed to the Commonwealth of Massachusetts in Book 966 Page 393, said point 10.00 feet left of center line of the railroad formerly of the Penn Central Transportation Company; thence easterly along a curve to the left having a radius of 1422.69 feet, a distance of 105 feet + to the westerly line of West Road as it existed before its relocation in 1957; thence southeasterly and along said westerly line of West Road a distance of 29 feet + to a point 10.00 feet south of the center line of said railroad, thence westerly along a curve to the right having a radius of 1442.69 a distance of 131 feet + to a point on the easterly line of the aforementioned Mid-Cape Highway, said point being 10.00 feet right of the center line of said railroad; thence northeasterly along the east line of the Mid-Cape Highway, said line being a curve to the right having a radius of 10,900.0 feet a distance of 20.6 feet + to the point of beginning. Containing 2,360 square feet +.

(c) Easement Parcel "C":

Beginning at a point 10.00 feet left of a center line of the railroad formerly of the Penn Central Transportation Company, said point also being on the northeasterly line of West Road as it existed before, its relocation in 1957; thence easterly along a curve to the left having a radius of 1422.69 feet, a distance of 510 feet + to a point of tangency, said point being 10.00 feet left of center line station 3152+34.34, thence N 56<=-15'-27" E a distance of 2,603.80 feet to a point of curvature, said point being 10.00 feet left of center line station 3178+38.14; thence northeasterly along a curve to the left having a radius of 2,536.64 feet a distance of 25.05 feet + to the southwest line of Main Street as it existed before its relocation in 1955; thence southeasterly along Main Street a distance of 20.3 feet + to a point of 10.00 feet south of the said center line; thence southwesterly along a curve to the right having a radius of 2,556.64 feet by land of Main Street and the Town of Orleans a distance of 28.32 feet to a point of tangency, said point being 10.00 feet right of center line station 3178+38.14; thence S 56<=-15'-27" W by land of the Town of Orleans, a distance of 2,603.80 feet to a point of curvature, said point being 10.00 feet right of center line station 3152+34.34; thence westerly along a curve to the right having a radius of 1442.69, a distance of 501 feet + to a point on the northeasterly line of West Road as it existed before its relocation in 1957; said point being 10.00 feet right of center line; thence northwesterly along northeasterly line of West Road a distance of 29.1 feet + to the point of beginning. Containing 1.44 acres +.

(d) Easement Parcel "D":

Beginning at a point on the northeasterly line of Main Street as it existed before its relocation in 1955; said point being 10.00 feet left of center line of the railroad formerly of the Penn Central Transportation Company; thence easterly along a curve to the left having a radius of 2536.64 feet a distance of 1948.12 feet + to a point of tangency, said point being 10.00 feet left of center line station 3198+60.24; thence N 10<=-45'-37" E a distance of 361.98 feet + to a point on the southwesterly line of Bridge Road; said point being 10.00 feet left of center line station 3202+22.2+; thence southeasterly along said line of Bridge Road a distance of 29.76 feet + to a point 10.00 feet right of center line station 3202+00.18+ thence S 10<=-45'-37" W a distance of 339.94 feet + to a point of curvature, said point being 10.00 right of center line station 3190+60.24; thence southerly along the curve to the right having a radius of 2556.64 feet a distance of 1961.93 feet to a point 10.00 feet right of center line 3179+05.99+; said point being on the northeasterly line of Main Street as it existed before the 1955 relocation; thence northwesterly along said line of Main Street a distance of 20.2 feet + to the point of beginning. Containing 1.06 acres +.

(e) Easement Parcel "E":

Beginning at a point on the northerly right of way line of Locust Road, said point being 41.25 feet left of center line station 3203+95.95+; thence N 10<=-45'-37" E and by the lands of Howard Gamsey and Francis L. Van Buskirk a distance of 367.59 feet + to a point on the southwesterly right of way line of Bridge Road, said point being 41.25 feet left of center line station 3207+63.54+; thence southeasterly and along said line of Bridge Road, a distance of 68 feet + to an angle point in said road; thence southerly and continuing along the westerly line of Bridge Road a distance of 256 feet + to its intersection with the northerly line of Locust Road; thence westerly and along said northerly line of Locust Road a distance of 105 feet + to the point of beginning. Containing 0.44 of an acre +.

(f) Easement Parcel "F":

Beginning at a point on the northwesterly line of Canal Road, said point being 10.00 feet left of center line station 3209+11.87; thence N 10<=-45'-37" E a distance of 473.30 feet + to a point on the southerly line of the Mid-Cape Highway as conveyed to the Commonwealth of Massachusetts filed in Book 966 Page 393, said point being 10.00 feet left of center line station 3213+85.17+; thence northeasterly along southerly line of Mid-Cape Highway a distance of 27.36 feet + to a point 10.00 feet right of center line station 3214+03.83+; thence S 10<=-45'-37" W a distance of 462.30 feet + to a point on the northwesterly line of Canal Road; said point being 10.00 feet right of center line station 3209+41.53+; thence southwesterly along line of Canal Road a distance of 35.76 feet + to the point of beginning. Containing 0.21 acres +.

(g) Easement Parcel "G":

Beginning at a point on the northerly line of 50 feet Service Road adjacent to the northerly line of the Mid-Cape Highway and as laid out by the Town of Orleans in 1957, said point being 10.00 feet left of center line station 3217+16.65+; thence N 10<=-45'-37" E a distance of 1145.47 feet + to a point on the Orleans - Eastham town line, said point being 10.00 feet left of center line station 3228+62.12+; thence southeasterly along said town line a distance of 31.43 feet + to a point 10.00 feet right of center line station 3228+37.88+; thence S 10<=-45'-37" W a distance of 1103.53 feet + to the northerly line of the aforementioned service road, thence southwesterly along said northerly line of the service road a distance of 26.71 feet + to the point of beginning. Containing 0.52 acres +.

SECTION 3. Said easement is to be subject to the restrictions and covenants on file at the office of the board of selectmen in the town of Orleans and as set forth below:-

(a) The grantee's use of the easement areas shall be solely for the construction, operation and maintenance of a non-motorized public access recreational trail to be part of the Cape Cod Rail Trail.

(b) The grantee shall erect appropriate signage at each public way, intersection along said trail acknowledging that the easement is a gift by the inhabitants of said town of Orleans.

(c) The grantor reserves the right to install, service, repair, improve, replace, inspect, test and make all necessary connections and take any and all action necessary or incidental for the installing or maintaining any utility over, along or under all property subject to this easement. Said grantor reserves the right to pass and repass by motorized vehicle, to accomplish the above. Said grantor covenants that it will, after any exercise of its right under this reservation, restore the easement area to its original condition in a good and workman like manner. Excepting emergency situations wherein said grantor retains the right to exercise its reservations stated above without notice unless otherwise agreed. Said grantor shall give the grantee thirty days written notice prior to the commencement of any such work.

(d) Said grantor reserves the right to pass and repass over said easement area by motorized vehicle to respond to emergency situations, policing, maintenance or for any other proper public purpose.

(e) Said grantee covenants that it will secure and police the easement area and shall adopt and enforce policies to prohibit and prevent all unauthorized vehicles including without limiting the generality of the foregoing, mopeds and snowmobiles, from entering upon any portion of the easement area.

(f) On the northern side of easement parcel "C", said grantee shall install curbing to delineate the existing nineteen automobile parking spaces.

(g) At the intersection of Main street and easement parcel "D" said grantee shall provide curbing for the existing thirteen automobile parking spaces.

(h) Said grantee in consultation with the Massachusetts department of highways and the grantor, shall design and construct, subject to available appropriated funds, an extension of the recreational trail over or under the highway known as Route 6.

(i) This easement is subject to all existing property rights held by the public or any third parties within the easement area including without limiting the generality of the foregoing, the existing right, to pass and repass over portions of the easement area by motorized vehicles.

SECTION 4. This act shall take effect upon its passage.