HOUSE DOCKET, NO. 4171        FILED ON: 12/14/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3849

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act An At to convey a certain parcel of land in Holyoke to Holyoke Community College.

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 city of Holyoke, acting by and through it’s Mayor and City Council, and it’s Water Department may convey a certain parcel of land, containing approximately 13.05 acres, located off Westfield Road in the City of Holyoke, to Holyoke Community College Foundation for the purpose of enabling the construction of an access road to the Holyoke Community College campus from said Westfield Road, also known as Route 202.  The parcel is surplus land owned by Holyoke Water Works, designated for water supply purposes, but outside a reservoir watershed area. The parcel is shown on “Plan of Land Transfers between the Holyoke Water Works and the Holyoke Community College Foundation, Holyoke Massachusetts” date September 21, 2001 and prepared by Tighe & Bond, Inc., of Westfield, Massachusetts and recorded in the Hampden County Registry of Deeds in Book of Plan 326, page 112.  The deed to the City of Holyoke Water Works is recorded at Registry in Book 566, page 458, 587, and 588.

SECTION 2.  In consideration for and as a condition of the conveyance authorized in section 1,  The Holyoke Community College Foundation shall transfer a parcel of land containing 10.09 acres to the Holyoke Water Works to be designated as watershed property.  This parcel is shown as “Taking Area 10.09 acres on the “Plan of Land Transfers Between The Holyoke Water Works and the Holyoke Community College Foundation, Holyoke, Massachusetts” referenced in said section 1.  The parcel is a portion of premises conveyed by deed to the Holyoke Community College Foundation and recorded a the Hampden County Registry of Deeds in book 9560, page 88.

SECTION 3. The City of Holyoke, acting by and through it’s Mayor and City Council and Water Department may also change the use of, and designate for municipal; purposes, a second parcel of land containing approximately 1.3 acres, adjacent to the property described in Section 1 for the purpose of constructing the said access road to the Community College campus from Westfield Road, also known as route 202. the property is presently held by the Water Department but is not serving a water Department purpose.  The parcel and proposed access road are depicted on a plan entitled “Preliminary Plan of Proposed Roadway in Holyoke Massachusetts Prepared for Holyoke Community College” dated October 21, 2011 and prepared by Heritage Surveys, Inc. of Southampton, Massachusetts.

SECTION 4.  In consideration for and as a condition of the change of use authorized in section 3, the Holyoke Community College Foundation shall grant a conservation restriction to the Conservation Commission of the City of Holyoke on 2 parcels of land containing approximately 25.81 acres, shown as ‘Proposed Conservation Restriction Parcel 1, 19.10 Acres’ and ‘Proposed Conservation Restriction parcel 2, 6.71 Acres’ on the plan referred to in section 3 by Heritage Surveys, Inc. 

SECTION 5.  If the land subject the change of use pursuant to section 3 ceases to be used for the purposes described in said section, it shall revert to the City of Holyoke for the Holyoke Water Works and shall be dedicated to water supply purposes. 

SECTION 6.  This act shall take effect upon it’s passage.