Chapter 536.          AN ACT RELATIVE TO THE GRANTING OF CERTAIN
EASEMENTS IN THE CITY OF QUINCY.
Be it enacted, etc., as follows:
SECTION 1. The commissioner of the division of capital planning and operauons is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed approved as to form by the attorney general a permanent easement over two parcels of land in the city of Quincy, to the United States of America, subject to the conditions set forth in sections two, three, four, five and five A and to such terms and conditions as the commissioner may prescribe, in consultation with the metropolitan district commission, said easements being described as follows:
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Parcel-1
Beginning at a point at an iron pipe at a corner common to the lands of the United States of America and the lands of the Commonwealth of Massachusetts; thence, along the line of the lands of the Commonwealth of Massachusetts (Deed Book 900, Page 461) the following (7) Courses:
Thence; Westerly and Southwesterly along a curve to the left with a radius of 48301 feet, an arc distance of 273.42 feet;
Thence; South 63° 04' 17" West, 40.96 feet;
Thence; Southwesterly and Westerly along a curve to the right with a radius of 299.17 feet, an arc distance of 193.01 feet;
Thence; North 79° 57' 49" West, 58.36 feet;
Thence; Westerly along a curve to the left with a radius of 854.46 feet, an arc of 244.67 feet;
Thence; South 83° 37' 47" West, 43.10 feet;
Thence; North 20° 37' 04" West, 49.73 feet to a stake; thence leaving the line described in Deed Book 900, Page 641 along a line through the lands of the Commonwealth of Massachusetts, continuing North 20° 37' 04" West 55.09 feet to the southerly right-of-way line of Furnace Brook Parkway;
Thence; along said right-of-way, North 61° 36' 28" East, 29.90 feet;
Thence; Northwesterly along a curve to the right with a radius of 664.17 feet, an arc distance of 312.67 feet;
Thence Easterly along a curve to the right with a radius of 2056.62 feet, an arc distance of 312.24 feet;
Thence; along a new line by the top of the southerly bank of Furnace Brook, South 80° 26' East, 197 feet, more or less (computed), to the west line of the lands of said U.S.A. (Traa 01-103), Southeasterly 90 feet, more or less, to the point of beginning.
Said easement, identified as parcel 1, contains 83,635 square feet of land, more or less, and lies entirely on land of the Commonwealth.
The above described easement, parcel 1, is derived in pan from a plat titled "Furnace Brook Parkway, Quincy" dated April 10, 1964 designated number 42226-VT.
Parcel-2
The easement is also to include all that portion of the right-of-way of the Furnace Brook Parkway lying between the southerly right-of-way of said Furnace Brook Parkway and the actual edge of pavement or curb line of said Parkway beginning at the western limit of the above description and extending Easterly to the western edge or curb line of Newport Avenue.
Said easement, parcel-2, contains 43,560 square feet of land, more or less, and lies entirely on land of the Commonwealth.
The above described easement, parcel-2, designated as Tract P-l, Adams
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National Historic Site is a portion of the same land acquired by the board of metropolitan park commissioners by a taking dated June 13,1901 and recorded July 11, 1901 in Deed Book 900, Page 461 in the registry of deeds of Norfolk county.
SECTION 2. Said easement is to be given in order to preserve and protect in perpetuity the open space and scenic features of the Adams National Historic Site.
SECTION 3. Said easement grants to the United States of America a perpetual, exclusive and assignable easement and right-of-way to locate, construct, operate, maintain, and repair, benches, picnic tables, fences, temporary structures, street furniture, trails or walkways and utilities in, over, and across the land described herein, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the land described herein, together with the right to permit members of the public to traverse the area, and for other purposes as may be required in connection with the construction, management, development, use and maintenance of the land as part of the Adams National Historic Site.
SECTION 4. It is conclusively presumed that any and all rights and uses to the land described herein are vested in the United States, excepting from the operation of said easement and reserving to the commonwealth all such rights and privileges in said land as may be used and enjoyed without interfering or abridging the rights and easement granted to the United States of America.
SECTION 5. The commonwealth reserves the right to use the property for flood control purposes. The United States shall submit plans to the commonwealth for revie_w of any landscaping or the construction of any improvements or structures.
SECTION 5A. In the event that the terms and conditions described in sections one, two, three, four and five are not complied with, said easement shall revert to the commonwealth under terms and conditions as said commissioner may prescribe.
SECTION 6. This act shall take effect upon its passage.
Approved January 8, 1992.