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 this act and the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to lease for a period not to exceed fifty years certain real property or any interest therein located in the town of Amherst to the Amherst Housing Authority, for the purpose of constructing approximately six units of family housing; provided however, that any further extension of said lease or any other disposition of said property or interest therein shall require the approval of the general court, and shall be subject to such terms and conditions in keeping with this act and said chapter seven as the deputy commissioner may prescribe, in consultation with the board of regents of higher education and the University of Massachusetts at Amherst, said property being:

a certain tract or parcel of land shown as "Land of Commonwealth of Massachusetts" on a plan entitled, "Plan of Land in Amherst, (Hampshire Co.), Mass., Prepared for Bednarski/Stein Architects, Inc." dated November 17, 1986, to be recorded in the Hampshire county registry of deeds.

SECTION 2. The deputy commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed approved as to form by the attorney general certain real property or any interest therein located in the town of Amherst to the Amherst Housing Authority, for the purpose of constructing approximately four units of family housing, subject to such terms and conditions in keeping with this act and said chapter seven as the deputy commissioner may prescribe, in consultation with the board of regents of higher education and the University of Massachusetts at Amherst and subject to the easements provided for in sections three and four of this act, said property being:

a certain tract or parcel of land situate on the east side of East Pleasant Street, Amherst, Hampshire County, Massachusetts, more particularly shown on a plan entitled, "Plan of Land in Amherst, (Hampshire Co.), Mass., Prepared for Bednarski/Stein Architects, Inc.", dated November 7, 1986, revised February 5, 1988, by C. T. Male Associates, Inc., to be recorded in the Hampshire county registry of deeds.

SECTION 3. Pursuant to section two of this act, an easement shall be granted by the Amherst Housing Authority to the commonwealth for use by the University of Massachusetts at Amherst, said easement being bounded and described as follows:

Beginning at the Highway Boundary #13 located in East Pleasant Street as shown on a plan entitled "Plan of Land in Amherst (Hampshire Co.), Mass., Prepared for Bednarski/Stein Architects, Inc." dated November 7, 1986 and revised February 2, 1988; July 20, 1989; and September 19, 1989; to be recorded in the Hampshire County Registry of Deeds; thence run S. 08<= 00' 10" W. for a distance of 352.36'. Thence turn and run S. 81<= 03' 42" E. for a distance of 21.00' to the Point of Beginning.

From the Point of Beginning, turn N. 09<= 32' 30" E. and run 101.58' to the point of intersection with a curve having a radius of 25.00' and a chord of S. 82<= 38' 05" E. with a distance of 2.00'. Thence turn easterly along the arc of said curve and run for a distance of 2.00' to the point of tangency, said arc being part of the southerly right-of-way of Fraternity Road. Thence S. 80<= 20' 00" and run for a distance of 8.00' along the continuation of the southerly right-of-way line of Fraternity Road. Thence turn and run S. 09<= 32' 30" W. for a distance of 101.54'. Thence turn and run N. 81<= 03' 42" E. for a distance of 10.00' to the Point of Beginning. Said parcel containing 1016 square feet, more or less.

The above coordinate values are based on the Massachusetts Plane System.

SECTION 4. Pursuant to section two of this act, an easement shall be granted by the Amherst Housing Authority to the commonwealth for use by the University of Massachusetts at Amherst, said easement being bounded and described as follows:

Beginning at a point in the northerly line of land of the grantor herein, said point being S 81<= 03' 42" E. a distance of 118.73 feet from an iron pipe in the easterly line of East Pleasant Street, a variable width 1883 County Way, said pipe being S 08<= 00' 10" W. a distance of 352.86 feet from Highway Bound #13; thence the following three courses through land of the grantor herein N 50<= 00' 00" E. a distance of 43.71 feet to a point, S 40<= 00' 00" E. a distance of 10.00 feet to a point, S 50<= 00' 00" W. a distance of 35.00 feet to a point in the northerly line of the grantor herein; thence along said northerly line N 81<= 03' 42" W. a distance of 13.26 feet to the point of beginning. The coordinate values given to the above said points are based on the Massachusetts coordinate system. The easement described herein contains 394 square feet, more or less.

SECTION 5. The deputy commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to provide an easement of property or any interest therein located in the town of Amherst, to the Amherst Housing Authority, subject to such terms and conditions as the deputy commissioner may prescribe, in consultation with the board of regents of higher education and the University of Massachusetts at Amherst, said property being bounded and described as follows:

Beginning at a point in the southerly line of land of the grantor herein, said land being known as Fraternity Road, a private way, said point being S69<=12'39"E a distance of 191.10 feet from a point at the intersection of the centerline of said Fraternity Road and the easterly line of East Pleasant Street, a variable width 1883 County Way, said intersection point being S08<=00'10"W a distance of 221.84 feet from Highway Bound #13; thence the following nine courses through land of the grantor herein, N38<=19'12"E a distance of 43.92 feet to a point, S67<=23'45"E a distance of 77.45 feet to a point, S64<=07'46"E a distance of 93.88 feet to a point, S54<=39'29"E a distance of 41.69 feet to a point, S35<=20'31"W a distance of 10.00 feet to a point, N54<=39'29"W a distance of 40.86 feet to a point, N64<=07'46"W a distance of 92.76 feet to a point, N67<=23'45"W a distance of 69.59 feet to a point, S38<=19'12"W a distance of 32.99 feet to a point in the southerly line of the grantor herein; thence northwesterly on a curve to the right of radius 561.68 feet an arc length of 10.55 feet to the point of beginning.

The easement described above contains two thousand four hundred and sixty-six square feet.

SECTION 6. The deputy commissioner of capital planning and operations, acting for and on behalf of the commonwealth, is hereby authorized to acquire a certain parcel of land located in the town of Amherst.

Said parcel is a portion of land conveyed to Fraternity-Sorority Park, Inc. by deed recorded in Book 1492 at Page 253, and is more completely known as Lot #6 on a plan recorded in Hampshire county registry of deeds, Plan Book 71 at Pages 38 and 39.

Conveying a right of way for passing and repassing with or without vehicles over the streets as shown on said plan, which right of way shall be used in common with the grantor and such other persons to whom the grantor has or may convey similar rights. Said right of passage in any private way shall terminate on the acceptance of any such private way as a public way by the Town of Amherst. Also the right to connect to and use the public utilities now or hereafter installed therein.

Subject to Restrictive Covenants imposed by instrument of Fraternity-Sorority Park, Inc., dated March 26, 1969, recorded in said Registry in Book 1549, Page 176.

Subject to easement to Western Massachusetts Electric Company and New England Telephone and Telegraph Company from Fraternity-Sorority Park, Inc., dated December 2, 1968, recorded in said Registry in Book 1543, Page 332.

Granting also, the right to use, in common with others, for parking and recreational purposes, the five "To Be Retained" parcels, so-called, shown on said Plan Book 71, Pages 38 and 39 plan, containing 3.266 acres, 0.489 acres, 1.058 acres, 1.831 acres and 0.738 acres respectively.

Being the same premises conveyed by deed of Fraternity-Sorority Park, Inc. to The Massachusetts Corporation of Alpha Gamma Rho Fraternity, dated June 16, 1969, and recorded with Hampshire County Registry of Deeds, Book 1553, Page 36.

SECTION 7. In the event that the parcels described in sections one and two of this act are not used for family housing purposes within five years of the effective date of this act, or if the Amherst Housing Authority ceases to use the parcels for such purposes at any time thereafter, said parcels and any interests therein shall revert to the commonwealth upon such terms and conditions as the deputy commissioner may determine.

SECTION 8. This act shall take effect upon its passage.