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May 19, 2024 Mist | 56°F
The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF WAKEFIELD TO CONVEY AN EASEMENT TO THE WAKEFIELD MUNICIPAL GAS AND LIGHT DEPARTMENT

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. Notwithstanding any general or special law to the contrary, the town of Wakefield may convey to the Wakefield Municipal Gas and Light Department a perpetual easement for the construction and maintenance of an energy park designed to be a microgrid, which shall include, but not be limited to, solar energy, battery storage, natural gas generation and transmission facilities, on a certain parcel of land located on Hemlock road in the town of Wakefield containing approximately 43,560 square feet and shown as "EASEMENT AREA" on a plan of land entitled "Easement Area Sketch Plan WAKEFIELD, MASS.", dated August 3, 2022, prepared by Hayes Engineering, Inc. and on file with the town. The parcel is a portion of the land described in a deed recorded in the Middlesex southern district registry of deeds in book 8526, page 287, which the town acquired for playground purposes.

SECTION 2. (a) As consideration for the conveyance authorized in section 1, the Wakefield Municipal Gas and Light Department shall convey to the conservation commission of the town of Wakefield a conservation restriction pursuant to sections 31 and 32 of chapter 184 of the General Laws on a certain parcel of land containing approximately 2.51 acres and shown as "PARCEL A" on a plan of land entitled "Sketch Plan in WAKEFIELD, MASS", dated December 1, 2022, prepared by Hayes Engineering, Inc. and on file with the town. The parcel is a portion of the land described in a deed recorded in the Middlesex southern district registry of deeds in book 265, page 247, acquired by the town of South Reading, which was renamed as the town of Wakefield, pursuant to chapter 32 of the acts of 1868, and being a portion of the land shown on the town of Wakefield assessors’ maps as map 40C, parcel 001-010. The conservation restriction shall dedicate the land in perpetuity to open space and conservation purposes pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth.
         (b) As further consideration for the conveyance authorized in section 1, the Wakefield Municipal Gas and Light Department shall remove an electrical substation located on a parcel of land containing approximately 8,500 square feet, located at 16 Ballister street and identified on the town of Wakefield assessors’ maps as map 13, parcel 116-10A and convert the parcel to a public park suitable for passive recreational purposes. The parcel is described in an order of taking recorded in the Middlesex southern district registry of deeds in book 9646, page 542, which the town acquired for municipal light department purposes. The Wakefield Municipal Gas and Light Department shall convey the parcel to the town and the town shall dedicate the parcel as Burns park and place it under the care and control of the town of Wakefield parks department. The instrument conveying the parcel shall include language specifying that the land shall be dedicated for park purposes pursuant to Article XCVII of the Amendments to the Constitution of the commonwealth in perpetuity.
         (c) As further consideration for the conveyance authorized in section 1, the Wakefield Municipal Gas and Light Department shall plant trees in a manner to be determined by the department of public works in the town of Wakefield in a town-owned parcel of land containing approximately 38,000 square feet, located between Mapleway playground and Arundel avenue, being a portion of the land shown on the town of Wakefield's assessors’ maps as map 42, parcel 002-002. The parcel is described in a deed recorded in the Middlesex southern district registry of deeds in book 34734, page 392.

SECTION 3. The grant of the easement in section 1 shall be contingent upon the transfers described in subsections (a) and (b) of section 2 and the planting of trees described in subsection (c) of said section 2.

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

Approved, November 20, 2023.