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Session Laws

1987

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CHAPTER 328 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY A CERTAIN PARCEL OF LAND IN THE TOWN OF NATICK UNDER THE CONTROL OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO MICHAEL G. CUNNIFF AND ELEANOR F. CUNNIFF.

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 deputy commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E through forty J, inclusive, of chapter seven of the General Laws, to sell and convey by deed approved as to form by the attorney general, a certain parcel of land located in the town of Natick, to Michael G. Cunniff and Eleanor F. Cunniff subject to the requirements of sections two and three and to such additional terms and conditions as the deputy commissioner may prescribe, in consultation with the department of environmental management. Said parcel of land is bounded and described as follows:

Beginning at a point located North 59<= 08' 00" West forty-five and 74/100 (45.74) from a stake with a tack, thence running:

South 73<= 59' 05" West twenty-four and 24/100 (24.24) feet along land now of the Commonwealth of Massachusetts thence running:

North 15<= 12' 07" West twenty-five and 51/100 (25.51) feet along land now of the Commonwealth of Massachusetts; thence running

South 59<= 08' 00" East thirty-four and 94/100 (34.94) feet along land now of Michael G. Cunniff et ux, to the point of beginning.

Containing 309 square feet, more or less, and being shown as Lot 2 on a plan of land entitled "Plan of Land in Natick, Mass., prepared for Michael G. and Eleanor F. Cunniff, Scale: 1" = 20', Date: October 15, 1986, by Schofield Brothers Inc., Professional Engineers & Professional Land Surveyors, 1071 Worcester Road, Framingham, Mass. 01701".

SECTION 2. In consideration for the conveyance provided for in section one, Michael G. Cunniff and Eleanor F. Cunniff shall either pay fair market value for the parcel or convey in fee simple to the commonwealth, through its department of environmental management, a parcel of land abutting the commonwealth's existing land holdings in the town of Natick, which parcel of land shall be of equivalent fair market value as the parcel conveyed to said Cunniffs. Fair market value of the parcel of land to be conveyed by or to the commonwealth shall be determined by an independent appraisal prepared for the department of environmental management, by an appraiser approved by the department of environmental management, and at the sole cost and expense of said Cunniffs.

SECTION 3. As a further consideration, and as a requirement prior to said conveyance and authorized by section one, said Michael G. Cunniff and Eleanor F. Cunniff, their heirs, or successors or assigns, whichever the case may be, shall have signed an agreement relinquishing any and all right of they or their heirs, successors, or assigns may be or may have been entitled to for compensation, including any interest accrued thereon, either from the commonwealth or from the town of Natick for reimbursement for any or all back taxes which said Michael G. Cunniff and Eleanor F. Cunniff or their heirs, successors, or assigns in title have paid, if any, from time to time on said aforementioned parcels and shown on said plan on file with the department of environmental management.

Approved July 23, 1987.