Chapter 573. AN ACT DIRECTING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY AN EASEMENT IN CERTAIN LAND IN THE TOWN OF HARWICH UNDER THE CONTROL OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO COMMONWEALTH ELECTRIC COMPANY.

Whereas. The deferred operation of this act would tend to defeat its purpose, which is to immediately affect the conveyance of an easement by the division of capital planning and operations to Commonwealth Electric Company in land owned by the commonwealth in the town of Harwich, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted, etc.. as follows:

SECTION 1. The deputy commissioner of capital planning and operations, acting for and on behalf of the commonwealth, in consultation with the department of environmental management, is hereby authorized to grant to Commonwealth Electric Company, its successors and assigns, a permanent easement on a parcel of land in the town of Harwich acquired by the department of environmental management for conservation and recreation purposes. Said conveyance shall be in accordance with the terms and conditions set out in section two and subject to the approval of the commissioner of environmental management and approved as to form by the attorney general. Said easement shall be for the construction, maintenance and operation of towers, poles, wires and appurtenances deemed necessary for the transmission of electricity on, over, across, and under the land of the commonwealth, described as follows:

Beginning at the SE corner of land of the town of Harwich disposal area and land of the department of environmental management and the NW corner of the easement to be described:

thence N 88° 24' 20" E crossing the land of the Department 92.69 ft;

thence S 25° 31' 06" W in line of land of Louis & Laura Fernandes 196.61 ft;

thence S 88° 24' 20" W crossing the land of the Department 92.69 ft.;

thence N 25° 31' 06" E in line of land of owners unknown 196.61 ft. to the point of beginning.

Containing 16,220 square feet, more or less, and being shown on a plan of land entitled "Plan of Proposed Easement Crossing Land of Commonwealth of Massachusetts, Department of Environmental Management, Harwich, Mass., prepared for Commonwealth Electric Company, 1" = 40' dated May 22, 1985 by Braman Engineering Company, Civil Engineers & Surveyors, 258 Main St.  Buzzards Bay, MA.

SECTION 2. In consideration for the conveyance provided for in section one, Commonwealth Electric Company shall pay fair market value for the easement as determined by an independent appraisal process prepared for the department of environmental management. All appraisal costs shall be assumed by said company.

Said conveyance shall be subject to such conditions and restrictions as deemed advisable or necessary by the commissioner of the department of environmental management. The terms and conditions of the easement hereby authorized shall be set out in an instrument to be recorded in the registry of deeds for Barnstable county.

Approved December 9, 1986.