Session Laws

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 section forty F 1/2 and sections forty I to 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 Douglas, to Ronald M. McCann and Daniel W. McCann, subject to the provisions of sections three and four and to such additional terms and conditions as the deputy commissioner may prescribe, in consultation with the department of environmental management. Said land being particularly described as follows:

Beginning at a bound on the east line of Gore Road, said bound marking the northwest corner of the parcel herein described;

Thence, running S 87<=-32'-10" E along land of Ronald M. McCann and David W. McCann, a distance of 1,564.17 feet, to an iron pin;

Thence, running S 35<=-08'-56" W along land of the Commonwealth of Massachusetts, a distance of 640.00 feet, to an iron pin;

Thence, running S 75<=-46'-29" W along land of the Commonwealth of Massachusetts, a distance of 928.71 feet, to an iron pin on the east line of Gore Road;

Thence, running N 23<=-13'-10" W, a distance of 120.00 feet, to a point;

Thence, running N 20<=-08'-04" W, a distance of 490.70 feet, to a point;

Thence, running N 17<=-26'-14" W, a distance of 259.70 feet, to the point of beginning, the last three (3) courses being along said Gore Road.

Containing 19.043 acres of land, more or less, and being shown on a plan of land entitled "Plan of Land in Douglas, Massachusetts Prepared for the Massachusetts Department of Environmental Management," dated May 29, 1987, Scale 1" = 200', by Almer Huntley Jr. & Associates, Inc., Northampton, MA.

SECTION 2. The consideration paid for the conveyance of the above described parcel shall be equal to at least the fair market value of said property for its highest and best use as determined by the deputy commissioner of capital planning and operations using procedures customarily accepted by the appraising profession as valid for determining property value. The consideration shall include the conveyance to the Commonwealth by Ronald M. McCann and David W. McCann the fee simple interest in the four parcels of land currently under their ownership in the town of Douglas abutting Douglas state forest to be used for conservation and recreation purposes as an addition to the Douglas state forest. The value of said parcels conveyed to the Commonwealth shall be determined by the deputy commissioner of capital planning and operations using procedures customarily accepted by the appraising profession as valid for determining property value. Said parcels are more particularly described as follows:

PARCEL 1.

Beginning at a point on the northwest line of Southwest Main Street at the southeast corner of land now or formerly of David M. Perry;

Thence, running S 26<=-31'-10" W along Southwest Main Street, a distance of 270.61 feet, to a point;

Thence, running southwesterly along Southwest Main Street following a curve to the right having a radius of 967.00 feet, an arc distance of 146.13 feet, to a point at the northeast corner of parcel 4 hereinafter described;

Thence, running S 79<=-30'-27" W along parcel 4, a distance of 1,043.54 feet, to a point in the east line of land of the Commonwealth of Massachusetts;

Thence, running N 13<=-34'-22" W along land of the Commonwealth of Massachusetts, a distance of 211.53 feet, to a point at the southwest corner of Parcel 3 hereinafter described;

Thence, running N 74<=-31'-46" E along parcel 3, a distance of 1,319.22 feet, to the point of beginning.

Containing 7.143 acres.

PARCEL 2.

Beginning at a point on the north line of land now or formerly of David M. Perry at the southwest corner of land now or formerly of Stephen W. Walenty, Jr.;

Thence, running S 83<=-30'-57" W along land of said Perry, a distance of 356.19 feet, to a point;

Thence, running N 15<=-52'-20" W along land of David M. Perry, Ronald M. McCann and Michael Mahan, a distance of 704.15 feet, to a pile of stones;

Thence, running N 75<=-13'-39" E along land of said Perry, McCann and Mahan, a distance of 316.76 feet, to a point;

Thence, running S 13<=-23'-32" E along land of the Commonwealth of Massachusetts, a distance of 91.35 feet, to a pile of stones;

Thence, running N 77<=-15'-01" E along land of the Commonwealth of Massachusetts, a distance of 64.59 feet, to a point at the northwest corner of the aforesaid land of Walenty;

Thence, running S 13<=-21'-17" E along said land of Walenty, a distance of 454.02 feet, to a point;

Thence, running S 14<=-14'-55" E along said land of Walenty, a distance of 207.89 feet, to the point of beginning.

Containing 5.990 acres.

PARCEL 3.

Beginning at a point on the northwest line of Southwest Main Street at the southeast corner of land now or formerly of David M. Perry, said point further being at the northeast corner of Parcel 1 hereinbefore described;

Thence, running S 74<=-31'-46" W along parcel 1, a distance of 1,319.22 feet, to a point in the east line of land of the Commonwealth of Massachusetts;

Thence, running N 11<=-31'-33" W along land of the Commonwealth of Massachusetts, a distance of 222.75 feet, to a pile of stones at the southwest corner of land now or formerly of Robert F. and Dorothy M. Caouette;

Thence, running N 75<=-06'-07" E along said land of Caouette and along land of David M. Perry, Ronald M. McCann and Michael Mahan, a distance of 790.58 feet to a point in the west line of the aforesaid land of David M. Perry;

Thence, running S 27<=-37'-47" E along land of said Perry, a distance of 68.58 feet, to a point;

Thence, running S 21<=-34'-08" E along land of said Perry, a distance of 92.40 feet, to a point;

Thence, running N 80<=-59'-33" E along land of said Perry, a distance of 492.23 feet, to the point of beginning.

Containing 4.394 acres.

PARCEL 4.

Beginning at a bound on the northwest line of Southwest Main Street at the northeast corner of land of the Commonwealth of Massachusetts;

Thence, running S 78<=-22'-33" W along land of the Commonwealth of Massachusetts, a distance of 647.96 feet, to a bound;

Thence, running N 11<=-13'-33" W along land of the Commonwealth of Massachusetts, a distance of 462.00 feet, to a point at the southwest corner of Parcel 1 hereinbefore described;

Thence, running N 79<=-30'-27" E along parcel 1, a distance of 1,043.54 feet, to a point on the northwest line of Southwest Main Street;

Thence, running S 35<=-10'-40" W along Southwest Main Street, a distance of 279.00 feet, to a point;

Thence, running southwesterly along Southwest Main Street following a curve to the left having a radius of 1,033.00 feet, an arc distance of 309.95 feet, to a point;

Thence, running S 16<=-56'-53" W along Southwest Main Street 8.83 feet to the point of beginning.

Containing 8.599 acres.

These four (4) parcels contain a total area of 26.126 acres, more or less, and being shown on a plan of land entitled "Plan of Land in Douglas, Massachusetts Surveyed for the Massachusetts Department of Environmental Management," dated March 16, 1987, Scale 1" = 100', by Almer Huntley, Jr. & Associates, Inc., Northampton, MA.

SECTION 3. No deed conveying by or on behalf of the commonwealth the property described in section one shall be valid unless such deed provides that said property shall be used for residential housing purposes.

SECTION 4. Ronald M. and David W. McCann shall assume all costs for appraisals, surveys, and other expenses as deemed necessary by the deputy commissioner of capital planning and operations for the conveyance of this property.