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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND TO THE TOWN OF WEST SPRINGFIELD.

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 capital asset management and maintenance may, notwithstanding sections 40F, 40F 1/2 and 40H of chapter 7 of the General Laws or any other general or special law or rule or regulation to the contrary, convey a certain parcel of land and all rights, title, interest, control and maintenance in and to this property, to the town of West Springfield, to be used to enhance, connect and expand the access to and protection of the watershed area of the town. The parcel is shown on a plan of land entitled, "Description of Prospect Street for Discontinuance" proposed by the town of West Springfield engineering department, dated February 1974. The metes and bounds of said property are as follows:-

Beginning at a pipe, being the intersection of the southerly sideline of Prospect Avenue and the westerly sideline of Morgan Road, thence running S 46 degrees-55'-40" W for a distance of 229.41 feet to a pipe thence turning and running S 43 degrees-08'-25" W for a distance of 508.68 feet to a pipe thence turning and running S 46 degrees-30'-10" W for a distance of 772.08 feet to a pipe, thence turning and running S 31 degrees-13'-40" W a distance of 300.63 feet to a concrete stone bound, thence turning and running S 53 degrees-35'-10" W for a distance of 359.56 feet to a pipe, thence turning and running S 58 degrees-54'-40" W for a distance of 408.80 feet to a pipe, thence turning and running S 83 degrees-12'-55" W for a distance of 394.69 feet to a pipe, thence turning and running S 51 degrees-24'-40" W a distance of 306.78 feet to a pipe, thence turning and running S-60 degrees-41'-40" W a distance of 391.04 feet to a pipe, thence turning and running S 70 degrees-09'-55" W a distance 277.16 feet to a pipe, thence turning and running S 63 degrees-47'-10" W a distance of 400.00 feet to a pipe, thence turning and running S 59 degree-40'-35" W a distance of 659.81 feet to a concrete stone bound, thence turning and running S-63 degrees-00'-45" W a distance of 271.17 feet to a pipe, thence turning and running S 49 degrees-13'-05" W a distance of 284.15 feet to a point, thence turning and running S-44 degrees-36'-10" W a distance of 354.75 feet to a pipe, thence turning and running S 85 degrees-50'-40" W a distance of 35.45 feet to a pipe at the intersection of the southerly sideline of Prospect Avenue and the West Springfield - Westfield Town Line, thence turning and running N 04 degrees-58'-40" E along said Town Line a distance of 66.85 feet to a pipe at the intersection of the northerly sideline of Prospect Avenue and the West Springfield-Westfield Town Line thence turning and running along the northerly sideline of Prospect Avenue N 44 degrees-36'-10" E a distance of 332.57 feet to a pipe, thence turning and running N 49 degrees-13'-05" E a distance of 283.49 feet to a pipe, thence turning and running N 43 degrees-27'-35" E a distance of 517.62 feet to a pipe, thence turning and running S 57 degrees-26'-35" E a distance of 147.24 feet to a pipe, thence turning and running N 63 degrees-47'-10" E a distance of 791.03 feet to a pipe, thence turning and running N 70 degrees-09'-55" E a distance of 275.38 feet to a point, thence turning and running N 60 degrees-41'-40" E a distance of 380.22 feet to a pipe, thence turning and running N 51 degrees-24'-40" E a distance of 320.22 feet to a pipe, thence turning and running N 83 degrees-12'-55" E a distance of 399.28 feet to a pipe, thence turning and running N 58 degrees-54'-40" E a distance of 391.52 feet to a pipe, thence turning and running N 53 degrees-35'-10" E a distance of 343.46 feet to a pipe, thence turning and running N 31 degrees-13'-40" E a distance of 296.44 feet to a pipe, thence turning and running N 46 degrees-30'-10" E a distance of 779.00 feet to a pipe, thence turning and running N 43 degrees-08'-25" E a distance of 508.92 feet to a pipe, thence turning and running N-46 degrees-55'-40" E a distance of 231.59 feet to a point, thence turning and running S 43 degrees-02'-08" E a distance of 66.00 feet to a pipe at the point of beginning. The exact boundaries of the parcel shall be determined by the commissioner after completion of a survey.

SECTION 2. The commissioner shall, 30 days before the execution of any discontinuance of public way and release deed or agreement authorized by this act, or any subsequent amendment, submit the discontinuance of public way and release deed or agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any discontinuance of public way and release deed or agreement or amendment. The commissioner shall submit the discontinuance of public way and release deed or agreement and any subsequent amendments, the reports, and the review and comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets at least 15 days before execution.

SECTION 3. The town of West Springfield shall pay for any costs of the appraisal, survey and deed preparation necessary for the conveyance of the property authorized by this act. The town of West Springfield shall acquire the property in its present condition without warranty.

Approved December 8, 2005.