Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
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, which provisions may have been completed before the effective date of this act, to sell and convey by deed a certain parcel of land located in the town of Amherst, which currently is a portion of the now or former Five College Bike Trail, to Jay Garfield and Blaine Garson for residential purposes subject to such terms and conditions as the commissioner may prescribe, in consultation with the department of environmental management. Said parcel is shown on a plan as "2032 SQ. FT." parcel on a plan identified as "Plan of Land in Amherst, Massachusetts Prepared for Commonwealth of Massachusetts Division of Capital Planning and Operations"; Scale 1" = 20'; dated: January 2, 1992; Sheet 1 of 1; drawn by Douglas W. Thompson, RLS #28088, Almer Huntley, Jr. & Associates, Inc., Northampton, Mass. and further described as follows:
A certain parcel of land located on the southeasterly side of Southeast Street, a 1884 Hampshire County Highway (see Hampshire County Commissioners Records Book Number 11, page 193), in the town of Amherst and the northeasterly side of land of Grantor, managed by the Department of Environmental Management now or formerly known as the Five College Bike Trail (the "Trail") located within the town of Amherst southerly to the city of Northampton, formerly the abandoned Boston and Maine Rail Road, Wheelwright Branch, which parcel is bounded and described as follows:
Beginning at an iron pipe on the northeasterly sideline of said Trail in the town of Amherst with a Massachusetts Grid Coordinate of N 495,900.501, E 328,488.779. Said pipe is located forty-one and twenty-five hundredths (41.25) feet, at a bearing of N 58 degrees 28' 04" E, from Station 4824+78.9, as shown on plan of "Land in Massachusetts Boston and Maine Corporation to the Commonwealth of Massachusetts Department of Environmental Management, Date: 11-21-84" stamped by Corwin H. Rose, R.L.S. #7883, being the "Right-of-Way and Track Map, Boston and Maine R.R., Operated by the Boston and Maine R.R., Station 4788+40 to Station 4841+20"; scale: 1' = 100 Ft; dated: June 30, 1914, revised February, 1931, June 3, 1948; Office of Valuation Engineer, Boston, Mass.; Sheet V-5/89, recorded in the Hampshire County Registry of Deeds Plan Book 131, page 71. Said beginning point is also located S 62 degrees 32' 54" W, a distance of forty-seven and six hundredths (47.06) feet from an iron pipe located by lands of Grantee and now or formerly the Estate of Amelia Rock as recorded in Book 840, page 16 and shown on a plan of land entitled "Plan of Seven Parcels of Land in Amherst, Massachusetts" Prepared for Otto Paparazzo, dated: June 7, 1971; scale: 1" = 200'; drawn by Almer Huntley, Jr., RLS, Almer Huntley, Jr. & Associates, Northampton, Mass. and recorded in Plan Book 78, page 34.
Thence S 58 degrees 28' 04" W, a distance of ten and zero hundredths (10.00) feet to a point;
Thence, along a curve to the right with a radius of one thousand six hundred five and seventy-five hundredths (1,605.75) feet for a distance of one hundred eighty-five and nine hundredths (185.09) feet, to a point within the easterly layout line of Southeast Street, the last two (2) courses by and through said Trail;
Thence, N 09 degrees 34' 08" W for a distance of thirty-nine and forty-seven hundredths (39.47) feet by the easterly sideline of Southeast Street to a point in said easterly layout line of Southeast Street;
Thence, turning to the right, along a curve to the left with a radius of one thousand five hundred ninety-five and seventy-five hundredths (1,595.75) feet for a distance of two hundred twenty-two and zero hundredths (222.00) feet by land now or formerly of Grantee, to the point of beginning also being the Grantee's southwesterly corner of land as described in Book 2873, page 69-A dated December 17, 1986.
Containing two thousand and thirty-two (2,032) square feet, more or less, in the town of Amherst.
Being a portion of Grantor's property as described in a deed from the Boston and Maine Corporation to the Commonwealth of Massachusetts dated February 6, 1985 and recorded in Book 2546, page 132.
Said parcel is further described as being a portion of property as described in a deed from Edward H. Hawkes to the Boston and Maine Corporation dated July 25, 1881 in Book 365, page 95 and shown as "N/F B&M Corp.", a portion of Parcel No. 3 on a plan entitled "Right-Of-Way and Track Map, Boston and Maine R.R., Operated by the Boston and Maine R.R., Station 4788+40 to Station 4841+20"; scale: 1' = 100 Ft; dated June 30, 1914, revised February, 1931, June 3, 1948, Office of Valuation Engineer, Boston, Mass.; Sheet V-5/89 recorded in Plan Book 131, page 71.
Meaning and intending to release, relinquish, grant and convey all, if any, right, title and interests to land, now or formerly owned by the Commonwealth, westerly by Southeast Street, northerly by lands of Grantee and easterly and southerly by Grantor's Trail in the town of Amherst, howsoever the same may be measured, bounded or described on said Plan.
The above described parcel shall be conveyed subject to and with the benefit of easements, restrictions and covenants of record insofar as the same are now in force and applicable, including, but not limited to, covenants regarding building and maintaining fences, at the discretion of Boston and Maine Corporation, its successors and assigns, and the reservation of rights of Boston and Maine Corporation, its successors and assigns, to a permanent right-of-way and easement along the entire length of said trail for the purposes of construction, installation, operation, maintenance, repair, reinstallation, relocation and removal of fiber optic cable telecommunications system to be located in, on, upon, under, across, along and through a portion of the trail, together with the right of access to the area where the cable is to be located, all as set forth in the aforesaid deed recorded in said registry of deeds in Book 2546, page 132.
The covenants in the deed from the Boston and Maine Corporation to the grantor are covenants running with the land and shall be binding upon the grantee, its successors and assigns, forever.
SECTION 2. Chapter eighty-one of the acts of nineteen hundred and ninety is hereby repealed.