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Session Laws

1991

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CHAPTER 115 AN ACT AUTHORIZING THE CITY OF PITTSFIELD TO GRANT AN EASEMENT IN CERTAIN PARK LAND IN SAID CITY.

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 city of Pittsfield is hereby authorized to convey by deed temporary and permanent easements on land within Brattlebrook park, said land currently being used for public park, recreation and conservation purposes, located in the city of Pittsfield to the Berkshire Gas Company.

Said easement runs in a north northeasterly direction through the easterly portion of said Brattlebrook park parallel and adjacent to an existing Tennessee Gas Pipeline Company easement as shown on a plan of land entitled "Tennessee Gas Pipeline Company, proposed right-of-way crossing, the city of Pittsfield Prop. Berkshire County, Massachusetts, TA-LI2-E2565C-100-1" and as described in the Order of the city council recorded on August third, nineteen hundred and ninety with the middle district registry of deeds in the county of Berkshire in Book 1307, Page 1034. Said easement includes the total temporary and permanent easement area, fifty feet in width, and after the completion of construction, the easement is to be reduced to a permanent easement twenty-five feet in width and said twenty-five foot easement is to be the most westerly twenty-five feet of the above-described easement area immediately adjacent to and easterly of the existing Tennessee Gas Pipeline Company right-of-way.

SECTION 2. Notwithstanding the provisions of chapter thirty B of the General Laws to the contrary, the city of Pittsfield is hereby authorized to convey by deed, a temporary and permanent easement to the Berkshire Gas Company. Said easement is generally shown on a plan entitled "Berkshire Gas Company, Richmond Feedline, Right-of-way crossings, Lot E4-1-1." prepared by HMM Associates, Inc., Engineers, Environmental Consultants and Planners, 196 Baker Avenue, Concord, Massachusetts, dated January, 1991, said plan being on file in the office of the commissioner of public works in the city of Pittsfield.

SECTION 3. Notwithstanding the provisions of chapter thirty B of the General Laws to the contrary, the city of Pittsfield may acquire from Altresco Pittsfield, L.P., in exchange for the easements described in sections one and two, an approximately forty acre tract of land adjacent to Brattlebrook park in said city which tract is generally shown on a plan entitled "Berkshire Gas Company Richmond Feedline Right-of-Way Crossings Lot K09-1-1" prepared by HMM Associates, Inc., Engineers, Environmental Consultants and Planners, 196 Baker Avenue, Concord, Massachusetts, said plan being on file in the office of the commissioner of public works in the city of Pittsfield.

SECTION 4. This act shall take effect upon its passage.

Approved July 8, 1991.