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 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 accept a deed, approved as to form by the attorney general, conveying two permanent right of way easements located in the town of Ludlow subject to such terms and conditions as said commissioner shall prescribe in consultation with the metropolitan district commission and the Massachusetts Water Resources Authority.

Said land is bounded and described as follows:

Parcel "A": Beginning at a point that is located on the southerly property line of parcel #42 as shown on a plan entitled "Commonwealth of Massachusetts, Metr. Distr. Comm. Constr. Division, Chicopee Valley Aqueduct, Plan No. CV-38 of land taking under Chapter 575, Acts of 1947; dated: March 1, 1950, Scale: As shown, Section 2; and by a plan entitled "Commonwealth of Massachusetts, Metr. Distr. Commission - Construction Division, Chicopee Valley Aquaduct - Section 2, Plan No. CV-7 of land takings under Chapter 575, Acts of 1947, Scale: as shown; said point being 390+ feet distant from and at a bearing of N45<= 30'E from a stone bound that is located at the intersection of said southerly property line of Parcel #42 and the northerly side line of Bondsville Road as shown on the aforementioned plans; thence running along said southerly property line of parcel #42 at a bearing of S45<= 30'W a distance of 16.055 feet to a point; thence turning and running at a bearing of N5<= 38'W a distance of 64.22 feet to a point that lies on the northerly property line of parcel #42; thence turning and running along said northerly property line of parcel #42 at a bearing of N45<=-30'E a distance of 32.11 feet to a point; thence turning and running at a bearing of S5<=-38'E a distance of 64.22 feet to a point that lies on the southerly property line of parcel #42; thence turning and running at a bearing of S45<= 30'W a distance of 16.055 feet to the point of beginning. Described parcel contains approximately 1,605.5 square feet.

Parcel "B": Beginning at a point that is located on the southerly property line of parcel #42 as shown on a plan entitled "Commonwealth of Massachusetts, Metr. Distr. Comm. Constr. Division, Chicopee Valley Aqueduct, Plan No. CV-38 of land taking under Chapter 575, Acts of 1947; dated: March 1, 1950, Scale: As shown, Section 2; and by a plan entitled "Commonwealth of Massachusetts, Metr. Distr. Commission - Construction Division, Chicopee Valley Aquaduct - Section 2, Plan No. CV-7 of land takings under Chapter 575, Acts of 1947, Scale: as shown; said point being 249.81 feet distant from and at a bearing of S41<=-41'W from a stone bound that is located at the intersection of said southerly property line of parcel #42 and the Hampden County/Hampshire County - County line, said line also being the Ludlow/Belchertown Town line, as shown on the aforementioned plans; thence running along said southerly property line of Parcel #42 at a bearing of S41<=-41'W a distance of 16.32 feet to a point; thence turning and running at a bearing of N8<=-19'W a distance of 65.27 feet to point that lies on the northerly property line of Parcel #42; thence turning and running along said northerly property line of parcel #42 at a bearing of N41<=-41'E a distance of 32.64 feet to a point; thence turning and running at a bearing of S8<=-19'E a distance of 65.27 feet to a point that lies on the southerly property line of parcel #42; thence turning and running at a bearing of S41<=-41'W a distance of 16.32 feet to the point of beginning. Described parcel contains approximately 1,631.75 square feet.

SECTION 2. In consideration of the conveyance in section one, 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 by deed, approved as to form by the attorney general, a permanent access and utility easement over a certain parcel of land in the town of Ludlow to an individual or entity subject to the requirements of sections three and four and such additional terms and conditions as said commissioner shall prescribe in consultation with the metropolitan district commission and the Massachusetts Water Resources Authority. Said land is bounded and described as follows; Beginning at a point that is located on the southerly property line of parcel #42 as shown on a plan entitled "Commonwealth of Massachusetts, Metr. Distr. Comm. Constr. Division, Chicopee Valley Aqueduct, Plan No. CV-38 of land taking under Chapter 575, Acts of 1947; dated: March 1, 1950, Scale: As shown, Section 2; and by a plan entitled "Commonwealth of Massachusetts Metr. Distr. Commission - Construction Division, Chicopee Valley Aqueduct - Section 2, Plan No. CV-7 of land takings under Chapter 575, Acts of 1947, Scale: as shown; said point being 492.93 feet distant from and at a bearing of N45<=-30"E from a stone bound that is located at the intersection of said southerly property line of parcel #42 and the northerly side line of Bondsville Road as shown on the aforementioned plans; thence running along said southerly property line of parcel #42 at a bearing of S45<=-30'E a distance of 26.40 feet to a point; thence turning and running at a bearing of N25<=45'43"W a distance of 52.80 feet to a point that lies on the northerly property line of parcel #42; thence turning and running along said northerly property line of parcel #42 at a bearing of N45<=-30'E a distance of 52.80 feet to a point; thence turning and running at a bearing of S25<=45'43"E a distance of 52.80 feet to a point that lies on the southerly property line of parcel #42; thence turning and running at a bearing of S45<=-30'E a distance of 26.40 feet to the point of beginning. Described parcel contains approximately 2,640 square feet. Said parcel, as described, is shown on a plan entitled "Plan of land in Ludlow, MA. Right- of- way easement" "Commonwealth of Massachusetts Metr. Distr. Commission Construction division, Chicopee Valley Aqueduct, right of way easement conveyed to Gaston R. Desrochers and Carmen C. Desrochers, dated January 4, 1991, Scale: as shown.

SECTION 3. The recipient of the easement as described in section two shall assume the costs of appraisals, surveys and other expenses as deemed necessary by the commissioner of capital planning and operations for the conveyance of this property.

SECTION 4. If the aforementioned purpose as described in section two ceases at any time, said easement shall revert to the commonwealth under such terms as the commissioner of capital planning and operations may prescribe.