SENATE, No. 45

SECTION 1. The commissioner of the division of capital asset management, on behalf of and in consultation with the commissioner of the department of environmental management, is hereby authorized, notwithstanding the provisions of sections 40F through 401, inclusive, of chapter 7 of the General Laws, to convey an easement over a certain parcel of land and any improvement(s) located thereon, currently under control of and used by the department of environmental management for conservation and recreational purposes for the Southern New England Trunkline Trail, in the Town of Blackstone, to the Town of Blackstone, grantee(s), their successors and assigns, for purposes of constructing, operating and maintaining utility lines, pipes, wires and necessary appurtenances for water and sewer service to the Inhabitants of the Town of Blackstone, subject to the requirements of sections 2, 3, 4 and 6, and to such additional terms and conditions consistent with this act as the commissioner may prescribe in consultation with the department of environmental management. Said easement area contains 16,600 square feet more or less and is shown on a plan of land entitled "Easement Plan of Land in Blackstone, Massachusetts, Proposed Permanent Utility Easement (Worcester County), scale 1 "=50', Date: February 7,2001" to be recorded with Worcester South District Registry of Deeds and to be filed with the department of environmental management. Modifications to the plan described above may be made prior to conveyance to carry out the purposes of this act.

SECTION 2. No deed conveying, by or on behalf of the commonwealth, the title to the property described in section 1 shall be valid unless such deed provides that said property shall be used solely for the purposes described in section 1. The deed shall include a reversionary clause that stipulates that the property will revert back to the commonwealth and assigned to the care, custody and control of the department of environmental management if the property ceases to be utilized for the express purposes for which it was conveyed.

SECTION 3. The conveyance authorized by section 1 shall be made only if the grantees of said easement agree to assume the cost of any appraisals, surveys and other expenses deemed necessary by the commissioner of the division of capital planning and operations for the granting of interests to be conveyed.

SECTION 4. The conveyance authorized by section 1 shall be made only if the grantees compensate the commonwealth through the transfer of land or an interest of land to the department of environmental management, equal to or greater than the full and fair market value of the property described in section 1, or its value in use as proposed, whichever is greater, as determined by independent appraisal, or in a sum equal to the full and fair market of the property or its value in use as proposed, whichever is greater, as determined by independent appraisal, or through some combination thereof, provided that the grantees at a minimum shall at no cost to the department of environmental management install two gates consistent with existing department design standard at the vicinity of Fann and Old Elm Streets and provide the department with keys for same; cooperate in the enforcement of regulations relative to the prohibition of motorized vehicles, after hours loitering and illegal parking for the trail and Blackstone Gorge State Park; maintain the culvert and stream flow under the trail right-of-way in the vicinity of Rathbun Street and that the proposed utilities shall be installed at a depth sufficient to not adversely impact future work by the department to grade or re-surface the trail.

SECTION 5. The commissioner of the division of capital asset management shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall insure his review and comment within 15 days of receipt of any agreement or amendment. The commissioner of the division of capital planning and operations shall submit the agreement and any subsequent amendments thereof, the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at lese 15 days prior to the execution. The grantees of said property shall transfer the land or interest in land or pay the purchase price ass determined in accordance with section 4 as set forth in the agreement and section 6 of this act.

SECTION 6. Any compensation, whether in the form of property or funds, received by the commonwealth pursuant to section 4 and 5 of this act shall be deposited in the Conservation Trust established pursuant to section 1 of chapter 132A of the General Laws.