Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately grant rights and easements over certain parcels of land, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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 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 permanent air rights and easements for canalway and trolley system development purposes pursuant to the Lowell National Historical Park Act, over certain parcels of land located in the city of Lowell, to the United States, subject to the requirements of sections two to five, inclusive, and to such additional terms and conditions as the commissioner may prescribe in consultation with the department of environmental management. Said parcels are bounded and described as follows:

PARCEL I (Northern Canal Island)

Beginning at a point on the northeasterly line of School Street and on the northerly side of the Northern Canel; thence along the line of School Street

N 46<=-51'-34" W, a distance of about fifteen feet (15) to the face of a concrete wall at the Merrimack River; thence by the Merrimack River along said wall

NORTHEASTERLY, more or less, a distance of about twenty-four feet (24) to the shoreline of the Merrimack River; thence along said shoreline

NORTHEASTERLY and EASTERLY, more or less, a distance of about one thousand two hundred and twenty-five feet (1,225) to a point on the northwesterly line of the Northern Canal Walkway; thence along the northwesterly line of said walkway

SOUTHWESTERLY, more or less, a distance of about three hundred and twenty-one feet (321) to the westerly end of the walkway; thence by the westerly end of said walkway

SOUTHERLY, more or less, a distance of seven and 5/10 feet (7.5) to a point on the back edge of the northerly granite wall of the Northern Canal; thence along said canal wall as follows:

S 87<=-35'-13" W, a distance of thirty-eight and 82/100 feet (38.82) to an iron pin set,

WESTERLY, more or less, a distance of about two hundred and one feet (201) to an iron pin set,

NORTHWESTERLY, more or less, a distance of about two hundred and thirty-eight feet (238) to an iron pin set, and

SOUTHWESTERLY, more or less, a distance of about one hundred and ninety-nine feet (199) to a point at the base of some granite steps; thence by the base of said steps

SOUTHEASTERLY, more or less, a distance of about two feet (2) to the water face of the northerly granite wall of the Northern Canal; thence along said canal wall

S 54<=-34'-18" W, a distance of ten and 34/100 feet (10.34) to a point, and

S 42<=-34'-31" W, a distance of eighty-eight and 02/100 (88.02) to the point of beginning.

Containing two and 2/10 acres (2.2), more or less.

Being identified as Parcel 29-B in an Order of Taking dated December 1, 1986 and recorded at the northern district registry of deeds in Middlesex county in Book 3830 on Page 70.

The Lowell historic preservation commission may have non-exclusive use of PARCEL I for public pedestrian access, public art, construction or repair and maintenance of improvements including, but not limited to, stairs and security gate at School street, upper level walkway surface, board picket fence along upper level walkway, wood decking to provide handicapped access between island walkway and the Great River wall, lower level walkway along canal edge, railing along canal wall, signage and landscaping. Said commission may also use PARCEL I to provide reasonable access by vehicles needed to install and maintain improvements on PARCEL II, described below.

PARCEL II (Tremont Yard)

Beginning at the point on the northerly street line of French Street Extension being the southeasterly corner of the herein described premises;

Thence running by land now or formerly of Courier-Citizen Company North 33 degrees 15 minutes 49 seconds East a distance of 22.89 feet to a point;

Thence running northwesterly by a curved line to the right having a radius of 676.06 feet a distance of 162.18 feet to a point;

Thence running northwesterly by a curved line to the right having a radius of 39.00 feet a distance of 63.96 feet to a point;

Thence running North 33 degrees 52 minutes 21 seconds East a distance of 60.46 feet to a point;

Thence turning and running North 56 degrees 07 minutes 39 seconds West a distance of 24.77 feet to a point;

Thence turning and running South 33 degrees 52 minutes 21 seconds West a distance of 60.46 feet to a point;

Thence running southerly by a curved line to the left having a radius of 63.77 feet a distance of 104.58 feet to a point;

Thence turning and running southeasterly by said northerly street line of French Street Extension by a curved line to the left having a radius of 720.00 feet a distance of 161.05 feet to the point of beginning.

Containing 7,338 square feet, which is 0.17 acre, more or less.

The above described land is shown as Parcel "A" on Sheet 1 of a set of plans entitled "PLAN OF LAND IN LOWELL, MASS. LAND ACQUISITIONS FOR LOWELL TROLLEY EXTENSION" prepared by Bryant Associates, Inc., dated December 16, 1985, and recorded at the northern district registry of deeds in Middlesex county in Plan Book 157, Plan No. 148.

Being and intending to be a portion of the land acquired by the Commonwealth of Massachusetts, Department of Environmental Management in a deed recorded in the northern district registry of deeds in Middlesex county in Book 2251, on Page 234.

The Lowell historic preservation commission may use PARCEL II to maintain and operate an electric transportation system, including but not limited to; railroad tracks, catenary poles and overhead wires, boarding platform and other associated appurtenances such as fencing, lighting and signage, and pedestrian access to said boarding platform. Said commission and its assigns shall have exclusive use of said trolley transportation system. The commonwealth may grant to said commission a right of reasonable access by foot and vehicle over adjacent land of the commonwealth, to facilitate maintenance of these improvements.

PARCEL III (Proposed Trolley Bridge)

All that aerial easement for railroad and bridge purposes over and above a portion of Eastern Canal in the City of Lowell, County of Middlesex, and Commonwealth of Massachusetts, being shown as "PARCEL F" on a plan entitled "PLAN OF LAND IN LOWELL, MASS. ACQUISITIONS FOR LOWELL TROLLEY EXTENSION AND ACCESS" by Bryant Associates, Inc., dated April 17, 1989 and revised June 6, 1989, being recorded at the northern district registry of deeds in Middlesex county in Plan Book 174 as Plan number No. 75, bounded and described as follows;

Beginning at a point on the northwesterly face of the southeasterly wall of said Eastern Canal, said point being 10.00 feet North 32<= 40' 38" East of the intersection of the northerly street line of East Merrimack Street with said northwesterly face of the southeasterly canal wall; thence running North 29<= 33' 45" West 64.72 feet across said Eastern Canal to the southeasterly face of the northwesterly wall of said canal; thence running the following three courses along said face of the northwesterly canal wall:

North 32<= 58' 36" East, 69.13 feet,

South 82<= 11' 55" East, 3.54 feet,

North 36<= 13' 22" East, 1.65 feet,

thence running South 29<= 33' 45" East, 60.56 feet across said Eastern Canal to a point on said northwesterly face of said southeasterly wall of the canal; thence running South 32<= 40' 38" West, 74.20 feet along said face of the canal wall to the Point of Beginning.

Containing 0.10 of an acre, more or less.

PARCEL III being a portion of the air rights acquired by the Commonwealth of Massachusetts by an Order of Taking dated December 1, 1986 and recorded at the northern district registry of deeds in Middlesex county in Book 3830, Page 70.

The Lowell historic preservation commission may use PARCEL III to provide continuous public pedestrian access along the canals and to extend and operate a trolley transportation system, by installing a railroad bridge over the Eastern canal. Said commission may install and maintain improvements associated with said bridge including, but not limited to; railroad track, overhead wires, railings, signage and lighting. Said commission shall have exclusive use of said trolley transportation system.

PARCEL IV (Cantilevered walkway along Northern Canal Waste Gatehouse)

All that aerial easement for the purpose of restoring a cantilevered walkway along the base of the Southerly wall of the Northern Canal Waste Gatehouse, bounded as follows:

Northerly by the southerly wall of said Gatehouse,

Westerly by the southward extension of a line parallel to and six feet westerly of the westerly wall of said Gatehouse,

Southerly by a line being parallel to and 10 feet from said southerly wall of said Gatehouse,

Easterly by the southward extension of a line parallel to and six feet easterly of the easterly wall of said Gatehouse.

PARCEL IV being a portion of the air rights acquired by the Commonwealth of Massachusetts by an Order of Taking dated December 1, 1986 and recorded at the northern district registry of deeds in Middlesex county in Book 3830, Page 70.

The Lowell historic preservation commission may use PARCEL IV to provide public pedestrian access by restoring a cantilevered walkway over Northern Canal. Said commission may install or repair and maintain improvements including, but not limited to, support structure, decking, signage and railing.

PARCEL V (Northern Canal Walkway)

Beginning at a point on the southwesterly wall of the Northern Canal Waste Gatehouse, said point being one and 24/100 feet (1.24) distant from the southeasterly corner thereof; thence running along the southeasterly edge of the granite walkway along the Northern Canal as follows:

S 55<=-59'-38" W, a distance of thirty-five and 35/100 feet (35.35) to a point,

S 54<=-48'-52" W, a distance of four hundred ninety-one and 45/100 feet (491.45) to a point,

S 55<=-30'-18" W, a distance of forty and 24/100 feet (40.24) to a point,

S 58<=-18'-36" W, a distance of thirty-six and 51/100 feet (36.51) to a point,

S 60<=-52'-05" W, a distance of twenty-five and 18/100 feet (25.18) to a point,

S 63<=-25'-15" W, a distance of eighteen and 43/100 feet (18.43) to a point,

S 64<=-23'-07" W, a distance of thirteen and 70/100 feet (13.70) to a point,

S 66<=-21'-58" W, a distance of thirty-one and 35/100 feet (31.35) to a point,

S 68<=-30'-30" W, a distance of thirty-one and 77/100 feet (31.77) to a point,

S 72<=-39'-30" W, a distance of thirty and 91/100 feet (30.91) to a point,

S 75<=-12'-31" W, a distance of thirty-three and 70/100 (33.70) to a point,

S 78<=-46'-51" W, a distance of thirty-nine and 43/100 (39.43) to a point,

S 82<=-18'-38" W, a distance of thirty and 40/100 feet (30.40) to a point,

S 85<=-23'-04" W, a distance of thirty-seven 57/100 feet (37.57) to a point,

S 87<=-43'-27" W, a distance of twenty-six and 22/100 feet (26.22) to a point, and

S 88<=-33'-07" W, a distance of two hundred fifty-eight and 29/100 feet (258.29) to a point at the end of a granite wall of the Northern Canal; thence running by the westerly end of the walkway and along Parcel 29-B

N 01<=-26'-54" W, a distance of nine and 5/10 feet (9.5) to a point on the northwesterly edge of the walkway; thence running along the edge of said walkway by Parcel 29-B and the Merrimack River

EASTERLY and NORTHEASTERLY, more or less, a distance of about one thousand one hundred and seventy-seven feet (1,177) to a point on the southwesterly wall of the Northern Canal Waste Gatehouse, the last line described being the northwesterly edge of the walkway, said northwesterly edge being nine and 5/10 feet (9.5) distant from and running parallel with the southeasterly edge of the walkway as hereinbefore described; thence along the southwesterly wall of the Northern Canal Waste Gatehouse

S 29<=-58'-11" E, a distance of ten and 06/100 (10.06) to the point of beginning.

Containing eleven thousand and thirty-eight square feet (11,038) of land, more or less.

PARCEL V being identified as the "NORTHERN CANAL WALKWAY" in said Order of Taking.

The Lowell historic preservation commission may use PARCEL V to provide public pedestrian access consistent with the operation of the Northern Canal walkway as a park, and to install or repair and maintain the following improvements to support public access:

(a) Railings on both sides of the walkway;

(b) Construct ramps at grade changes to allow for handicapped access;

(c) Repair concrete walkway.

SECTION 2. Any improvements made on the above described parcels shall not interfere with the use, maintenance or operation by Boott Hydropower, Inc., their successors and assigns, for hydroelectric power production.

SECTION 3. In the event that the parcels herein conveyed cease to be used for the purpose for which they were intended, which is solely for public park purposes, all interests conveyed in these parcels shall revert to the commonwealth.

SECTION 4. The recipient of said easements shall assume all costs for appraisals, surveys, and other expenses as deemed necessary by the commissioner of capital planning and operations for the disposition of this property.