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 E to forty J, inclusive, of chapter seven of the General Laws to accept a deed, approved as to form by the attorney general, conveying a permanent easement for access purposes to shaft 5 of the Quabbin Wachusett Aquaduct, the Coldbrook Tunnel over certain land owned by James M. Leger located in the town of Rutland subject to the requirements of section three and such additional terms and conditions as the deputy commissioner in consultation with the metropolitan district commission and the Massachusetts Water Resources Authority shall prescribe. Said land is bounded and described as follows:-

Parcel One

Beginning at a Massachusetts Highway bound (M.H.B.), on the Northerly sideline of the 1950 State Highway Alteration of Route 122A (Main Street) at highway station 212 and 37.54, thence S 71<=-18'-43" W, thirty-six and nineteen one hundredths (36.19) feet along the Northerly sideline of Main Street, thence N 10<=-51'-35" W, six hundred seventy feet (670.00) feet, thence N 0<=-40'-40" E, one hundred feet (100) feet, thence N 10<=-51'-35" W, six hundred thirty and sixty-five one hundredths feet (630.65) feet, thence N 19<=-14'-45" W, nine hundred feet (900.00) feet to a point at the northwesterly end of said right of way, thence N 70<=-45'-15" E, fifty (50.00) feet to the most northeasterly corner of the right of way, thence S 19<=-14'-45" E, nine hundred three and sixty-six one hundredths (903.66), thence S 10<=-51'-35" E, fourteen hundred three and thirty-four one hundredths (1,403.34) feet to a point in the northerly sideline of Main Street, the last seven courses being by other land of James M. Leger. Thence S 89<=-04'-55" W, thirty-four and sixty-seven one hundredths (34.67) feet to the point of beginning, containing two and ninety-seven one hundredths (2.97) acres.

Parcel Two

Beginning at the most northeasterly corner of the right of way encompassing the proposed subdivision roadway, previously described. Thence N 22<=-12'-50" E, two hundred seventy and twenty-six one hundredths (270.26) feet to an M.D.C. northwesterly corner of existing right of way as shown on Plan Book 48, Plan 48, where it meets Parcel A, shown on said plan. Thence by parcel A, S 76<=-04'-50" W, forty-six and forty-one hundredths (46.41) feet. Note that this course location provides access to Parcel A, and the continued right of way through it, as shown on Plan 142-103, at the same locations as right of way described on Plan 48-48, which this replaces. Thence S 22<=-12'-50" W, two hundred seventy-six (276.00) feet to the northwesterly corner of right of way encompassing proposed subdivision roadway. Thence by northerly end of said roadway, N 70<=-45'-15" E, fifty (50.00) feet to the point of beginning, containing ten thousand two hundred thirty-four (10,234) square feet. This right of way is centered on line between proposed lots which are designated now or formerly as Lots 26 and 27, on the Definitive Plan of the proposed subdivision.

Said land is shown on a plan entitled "Preliminary Plan of Land in Rutland, Massachusetts"; Scale 1" - 100'; (approx. only), December 10, 1987." Said plan is on file with metropolitan district commission and the Massachusetts Water Resource Authority.

SECTION 2. In consideration of the conveyance in section one, the deputy commissioner of the division of capital planning and operations is hereby authorized subject to the provisions of section forty E to forty J, inclusive, of chapter seven of the General Laws to convey be deed approved as to form by the attorney general a permanent easement over a certain parcel of land in the town of Rutland to James M. Leger subject to the requirements of section three and such additional terms and conditions as the deputy commissioner in consultation with the metropolitan district commission and the Massachusetts Water Resources Authority shall prescribe. Said land is described as follows:

Description of Existing Right of Way

Commonwealth of Massachusetts, M.D.C. Wachusett-Coldbrook Tunnel, Plan T7 of Land Takings Under Chapter 375, Acts and Resolves of 1926, as shown on Plan Book 48, Plan 48, recorded in the Worcester District Registry of Deeds (this is also shown on Plan Book 51, Plan 19, with identical descriptions). "Parcel E taking 12.5' each side of center line of right of way. Area of right of way 1.53 acres." "Note - Bearing and distances on 25 foot right of way refer to the center line."

Beginning on the northerly side of Parcel A,

Thence, S 5<=-15' W four hundred sixty-three and five tenths (463.5) feet;

Thence, S 15<=-47' E one hundred twenty-two (122.00) feet;

Thence, S 16<=-21' E two hundred ninety-seven (297.0) feet;

Thence, S 1<=-13' E seven hundred ninety-three and six tenths (793.6) feet;

Thence, S 29<=-00' E three hundred and sixty-four and four tenths (364.4) feet;

Thence, S 39<=-09' E three hundred sixteen (316.0) feet;

Thence, S 21<=-09' E one hundred twenty (120.0) feet;

Thence, S 38<=-31' E fifty-nine and six tenths (59.6) feet;

Thence, S 3<=-05' E one hundred twenty-nine and eight tenths (129.8) feet; ending at Route 122A (Main Street).

Description of Proposed Rights of Ways and Subdivision Roadway by Metes and Bounds:.

SECTION 3. The grantor of the new easement and the recipient of the existing easement shall assume the costs of appraisals, surveys, and other expenses as deemed necessary by the deputy commissioner for the conveyance of this property.

SECTION 4. If the aforementioned purpose as described in section two ceases at any time, said easement and right of way shall revert to the commonwealth under such terms and conditions as the deputy secretary may prescribe.