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Session Laws

1993

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CHAPTER 287 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO GRANT A PERMANENT RIGHT-OF-WAY EASEMENT IN THE CITY OF MARLBOROUGH.

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 to the city of Marlborough subject to acceptance by said city of Marlborough, a permanent right of way easement for access and utility over a parcel of land located in the city of Marlborough and adjacent to Maple and Valley streets. Said deed shall be subject to such terms and conditions as set forth in this act and any other conditions as said commissioner shall prescribe, in consultation with the metropolitan district commission.

Said land is bounded and described more particularly as follows:

Beginning at a point in the westerly property line of Parcel 1, hereinafter described, a distance of 205.99 feet plus 70.33 feet, south of the southerly sideline of Valley Street; thence S08<=-11'-20"E a distance of 50.71 feet to a point; thence N88<=-37'-11"E a distance of 40.61 feet to a point in the easterly property line of Parcel 1, hereinafter described; thence N08<=-08'-50"W a distance of 50.70 feet to a point; thence N88<=-37'-11"W a distance of 40.65 feet to the point of beginning. The described right of way easement contains approximately 2031 square feet of area.

The right of way is shown as a "Proposed Bridge/Access Easement" on a plan of land entitled: "Compiled Plan of Easement Over Land of Metropolitan District Commission in Marlborough, Massachusetts, Scale 1"=40', Dated March 6, 1993, Prepared by: City of Marlborough, Department of Public Works, Streets and Engineering Division".

SECTION 2. In consideration of the conveyance authorized by section one, the city of Marlborough shall, after consultation with the metropolitan district commission, design and implement appropriate landscaping and beautification, and shall maintain the same for the balance of the land described as follows:

Beginning at a point in the southerly sideline of Valley Street, 239.77 feet northwest of the westerly sideline of Maple Street; thence S10<=-32'-40"W a distance of 205.99 feet to a point; thence S08<=-11'-20"E a distance of 155.13 feet to a point; thence S26<=-58'-20"E a distance of 31.44 feet to a point; thence S03<=-05'-53"W a distance of 27.00 feet; thence N89<=-51'-11"E a distance of 59.98 feet to a point; thence N26<=-58'-20"W a distance of 75.17 feet to a point; thence N08<=-08'-50"W a distance of 141.86 feet to a point; thence N10<=-31'-40"E a distance of 201.71 feet to a point in the southerly sideline of Valley Street; thence N82<=-39'-00"W a distance of 40.14 feet along the southerly sideline of Valley Street to the point of beginning. The described parcel contains approximately 17,071 square feet of area.

The land is shown as Parcel 1 on a plan entitled "Compiled Plan of Easement Over Land of Metropolitan District Commission in Marlborough, Massachusetts, Scale 1"=40', Dated March 6, 1993. Prepared by: City of Marlborough, Department of Public Works, Streets and Engineering Division".

SECTION 3. The grantee of the easement described in section one shall assume all of the expenses as deemed necessary by the commissioner of capital planning and operations for the conveyance of said easement and the expenses associated with the landscaping and maintenance described in section two.

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

Approved December 10, 1993.