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 parcels of land in the town of Tewksbury described in
section 2 and under the care, custody and control of the department of public
health, are hereby dedicated to the public for the purposes and uses of forest,
agriculture and open space protection, management and conservation,
environmental education and public access for passive recreation and enjoyment
and shall be held solely for these purposes and uses. The department of public
health, in consultation with the board of selectmen of the town of Tewksbury or
its designee may develop reasonable rules or promulgate regulations for the
appropriate conduct and manner of public access under this act that is
consistent with the mission of the department and the purposes of this act.
For purposes of this act, the phrase "passive recreation" shall include
activities and uses related to the Tewksbury Hospital Equestrian FARM, Inc. and
its therapeutic equestrian programs.
SECTION 2.
The parcels hereby dedicated are identified as
follows: All of the lands, including lands under water, in the town of
Tewksbury, as described in town of Tewksbury's Assessor's Maps: Map 78
lot 16, Map 90 lot 1 and 2, Map 89 lot 1, Map 88 lot 24, Map 88
lot 21 and 32, Map 87 lot 1, Map 76 lot 27, approximately 19 acres on
Map 74, Lot 2, further defined as Lot 74-2-1, as shown on map entitled "Plan
of Land in Tewksbury, Massachusetts, Surveyed for Tewksbury Hospital,
October 25, 2000", excluding parcels 11, 12, 13 and 14 necessary to
protect the quality of the hospital's water supply as shown on map entitled
"Tewksbury Hospital: Parcels for Current and Future Development or
Protection Under Article 97 of the Massachusetts Constitution, March 2004"
on file at the department of public health and excluding approximately
13 acres shown on Tewksbury's Assessor's Map 86, being a portion of
Map 87,
Lot 1, known as State Field, beginning at a point of intersection of land now
or formerly of Olson and the easterly side of Livingston Street; thence
North 09 degrees 02' west along the easterly side of Livingston Street a
distance of nine hundred and twenty (920) feet + or - to a point; thence
along land of town of Tewksbury south 89 degrees 04' 18" east a distance of
four hundred and twenty (420) feet to a point; thence along land of said town
of
Tewksbury 69 degrees 07' 48" east a distance of two hundred and seventy two
and 63/100 (272.63) feet to a point; thence southeast one hundred and
fifty (150) feet + or - to a point; thence south 16 degrees 47' 08" west
a distance of two hundred and twenty three and 74/100 (223.74) feet to a
point; thence south 16 degrees 47' 08" west a distance of sixty nine and
30/100 (69.30) feet to a point; thence south 05 degrees 28' 41" east a
distance of forty five and 54/100 (45.54) feet to a point; thence south 62
degrees 49' 59" east a distance of fifty two and 80/100 (52.80) feet to a
point; thence south 00 degrees 46' 33" east a distance of fifty six and
77/100 (56.77) feet to a point; thence south 57 degrees 38' 47" west a
distance of twenty five and 74/100 (25.74) feet to a point; thence south 68
degrees 18' 36" west a distance of seventy eight and 54/100 (78.54) feet to a
point; thence south 23 degrees 06' 10" west a distance of two hundred six
and 58/100 (206.58) feet to a point; thence south 67 degrees 13' 54" west
a distance of ninety one and 99/100 (91.99) feet to a point; thence along
land of Olson a distance of approximately two hundred thirty (230) feet to
the
point of beginning.
Approved July 23, 2004.