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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE MUTUAL RELEASE OF ALL CLAIMS TO CERTAIN LANDS IN THE TOWN OF NEWBURY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the release of all claims to certain lands in the town of Newbury, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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.  (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the director of fisheries and wildlife, may convey, by a release deed, to The Richard J. Boudreau and Pauline C. Boudreau Irrevocable Trust, Karyn M. Alves, trustee, under a declaration of trust dated September 5, 2017, and recorded in the southern Essex district registry of deeds in book 36202, page 289, all of the commonwealth’s interests in the lot of land with the buildings thereon situated in the town of Newbury on the southwesterly side of Moody street and shown as “Lot A” on a plan of land entitled “Plan of Land Located in Newbury, Massachusetts” prepared by Engineering Land Services, LLC, dated July 7, 2018, which is on file with the division of capital asset management and maintenance and the division of fisheries and wildlife. The lot is a portion of the land acquired by the commonwealth for wildlife conservation purposes in a deed recorded in the southern Essex registry of deeds in book 4606, page 221. The plan shall be recorded simultaneously with the recording of the conveyances authorized in this act at the southern Essex district registry of deeds.

(b)  The consideration for the conveyance authorized in subsection (a) shall be the mutual release of the trust’s interests by release deed, in a lot of undeveloped land situated in the town of Newbury on the southwesterly side of Moody street and shown as “Lot B” on the plan of land referenced in said subsection (a). Lot B, which is not a buildable lot, shall be combined with the Crane pond wildlife management area and shall be held for wildlife conservation purposes.

(c)  As additional consideration for the conveyance authorized in subsection (a), the trust shall convey to the commonwealth, acting by and through the division of fisheries and wildlife, a perpetual restrictive covenant to protect the wetlands resources for the area depicted on the plan of land referenced in said subsection (a), near the rock garden shown as “Proposed Restrictive Covenant Area” consisting of approximately 962 square feet. The covenant shall prohibit the trust or successor owners of “Lot A”, as shown on the plan referenced in subsection (a), from mowing or fertilizing in the restrictive covenant area, to protect the wetlands resources on “Lot B”, as shown on the plan referenced in subsection (a), and shall require the planting of native grasses or shrubs.

(d)  The trust shall assume all costs associated with engineering, surveying and deed preparation and any other expenses considered necessary by the commissioner of capital asset management and maintenance or the director of fisheries and wildlife to execute the conveyances authorized in this act.

Approved, February 21, 2020.