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Session Laws

1989

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CHAPTER 542 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY CERTAIN LAND IN THE TOWN OF WORTHINGTON TO SUSANNAH T. BROWN AND DOUGLAS R. SCHNARE.

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 division of capital planning and operations is hereby authorized, in the name of and on behalf of the commonwealth, subject to the provisions of sections forty E to forty I, inclusive, of chapter seven of the General Laws to convey, by deed approved as to form by the attorney general, any right, title or interest of the commonwealth in certain land in the town of Worthington to Susannah T. Brown and Douglas R. Schnare upon such terms and conditions as said division in consultation with the division of fisheries and wildlife shall prescribe. Said parcel is shown as Parcels 1 and 2 inclusive on a plan of land entitled "Plan of Land in Worthington, Massachusetts, surveyed for Susannah T. Brown and Douglas R. Schnare," dated October 24, 1986, and last revised March 9, 1988, as prepared by Bruce A. Coombs, R.L.S., a copy of said plan to be recorded with said deed in the Hampshire county registry of deeds, and thereby conveying any and all right, title and interest of the commonwealth in that portion of said parcel which is shown as Area "A" on said plan.

SECTION 2. Consideration to be paid for the release of all the commonwealth's right, title and interest, as stated in section one, shall be the clarification of ownership and the establishment and survey of new boundary lines pursuant to section three of this act, for the Fox Den wildlife management area, by the conveyance of all right, title and interest of Susannah T. Brown and Douglas R. Schnare in area "B" shown on a Plan of Land in Worthington, Massachusetts, surveyed for Susannah T. Brown and Douglas R. Schnare dated October 24, 1986, and last revised March ninth, nineteen hundred and eighty-eight, as prepared by Bruce A. Coombs, R.L.S., to the commonwealth, described as follows: Beginning at an iron pipe, on the westerly side of West Street, Worthington, Massachusetts, being the northeast corner of Parcel 2, described in the aforementioned plan of land; thence, N 83 49' 44" W, along the northerly sideline of Parcel 2, to a point at an intersection with the westerly boundary line of Commonwealth of Massachusetts, Division of Fisheries and Wildlife property (Book 2830, page 361) now or formerly of one Paldus; thence northeasterly along said westerly boundary line to an intersection of an "approximate location of old occupation line"; thence southeasterly along said "Approximate location of old occupation line", to a point on the westerly side of West Street; thence S 06 37' 27" W along said West Street to the point of beginning. Said area to be 2.3 acres, more or less.

Said Area "B" being also described as beginning on the Westerly side of the highway running from Chester to Worthington, now known as West Street, at the Southeasterly corner of land hereby conveyed; thence Northerly along the Westerly side of said West Street One Hundred (100) rods, more or less, to land now or formerly of one Paldus; thence Westerly along last named land to land supposed to belong now or formerly to Hampden Council of Boy Scouts; thence Southerly along last named land in a line parallel to the first described course One Hundred (100) rods, more or less, to a stake and stones; thence Easterly in a straight line Thirty-Five (35) rods; more or less, to the place of beginning.

Excepting from the aforesaid premises that certain tract or parcel of land conveyed by Joseph Madison and Tecla C. Madison to Samuel Monteleone and Virginia Monteleone, dated July 19, 1977, recorded in the registry of deeds in Hampshire county, Book 1964, Page 292.

Excepting from the aforesaid premises that certain tract or parcel of land conveyed by Tecla C. Madison by attorney Dolores Cifarelli to Susannah T. Brown and Douglas R. Schnare, recorded in the registry of deeds in Hampshire county, Book 2736, page 66; also described as land conveyed by Susannah T. Brown and Douglas R. Schnare to Scott Hamilton, Book 2945, page 337, and Scott Hamilton to Susannah T. Brown and Douglas R. Schnare, Parcel 2 in Book 2945, page 339 and Parcel 4 in Book 2945, page 441.

SECTION 3. A boundary line agreement incorporating and confirming the legal descriptions as set forth in sections one and two shall be recorded simultaneously with the deed and plan referenced within this act.

SECTION 4. Susannah T. Brown and Douglas R. Schnare shall assume all costs for appraisals, surveys, and other expenses as deemed necessary by the deputy commissioner for the conveyance of this property.

Approved November 21, 1989.