SENATE DOCKET, NO. 2127        FILED ON: 10/31/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2051

By Ms. Candaras, a petition (accompanied by bill, Senate, No. 2051) of Gale D. Candaras (by vote of the town) for legislation to validate the actions taken at the town meeting in the town of Wilbraham. Municipalities and Regional Government. [Local Approval Received.]

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Eleven

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An Act authorizing the town of Wilbraham to lease certain land..

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Notwithstanding the provisions of Chapter 30B and Sections 3 and 4 of Chapter 40 of the General Laws, the Town of Wilbraham may, with the approval of Town Meeting, amend and/or extend the term leasehold interests associated with the property known as the Town of Wilbraham golf course on Stony Hill Road, Wilbraham, Massachusetts, incorporated by reference and attached as Exhibit A, in the best interests of the Town of Wilbraham, and in order to promote the public welfare;

Exhibit A

Certain land situate in Wilbraham, Hampden County, Massachusetts, with the buildings thereon, bounded and described as follows:

A certain parcel of land situate in said Wilbraham bounded and described as follows:

NORTHERNLYby Springfield Road, one hundred (180) feet;

NORTHEASTERLYby the junction of said Springfield Road and Club Drive, measuring on the southwesterly curbing line thereof, thirty-one and 42/100 (41.42) feet;

EASTERLYby said Club Drive, four hundred fifty-five and 06/100 (455.06) feet;

SOUTHWESTERLYby Lot 9 as shown on said plan, two hundred thirty-six and 96/100 (236.96) feet; and

WESTERLYby lot 2 and by a driveway as shown on said plan, one hundred fifty (150) feet.

Said parcel is shown as Lots 10, 11, 12 and 13on said plan.

Also another parcel of land situated in said Wilbraham, bounded and described as follows:

SOUTHEASTERLYby the junction of said Club Drive and Brookdale Drive, measuring on the northwesterly curving line thereof, two hundred and 53/100 (200.53) feet;

SOUTHERLYby said Brookdale Drive, one hundred and 50/100 (100.5) feet;

NORTHWESTERLYby Lots 6 and 5 as shown on plan hereinafter mentioned two hundred five and 26/100 (205.26) feet; and

NORTHEASTERLYby Lot 9 as shown on said plan, one hundred ninety-seven and 72/100 (197.72) feet.

Said parcel is shown as lots 7 and 8 on said plan.

Also another parcel of land situated in said Wilbraham bounded and described as follows:

NORTHERLYby Springfield Road, three hundred sixty (360) feet;

NORTHEASTERLYby the junction of said Springfield Road and Pole Bridge Road, measuring on the southwesterly curving line thereof, thirty-one and 42/100 (31.42) feet;

EASTERLYby said Pole Bridge Road, five hundred eighty and 65/100 (580.65) feet;

SOUTHEASTERLYby the junction of said Pole Bridge Road and Brookdale Drive, measuring on the northwesterly curving line thereof, one hundred thirty-one and 85/100 (131.85) feet;

SOUTHERLYby said Brookdale Drive, two hundred seventy0seven and 94/100 (277.94) feet;

SOUTHWESTERLYby the junction of said Brookdale Drive and Club Drive, measuring on the northeasterly curving line thereof, one hundred two and 04/100 (102.04) feet;

WESTERLYby said Club Drive, five hundred fifty-two and 19/100 (552.19) feet; and

NORTHWESTERLYby the junction of said Club Drive and said Springfield Road, measuring on the southeasterly curving line thereof, thirty one and 42/100 (31.42) feet.

Said parcel is shown as lots 14 to 26, both inclusive, as shown on a plan hereinafter mentioned

All of the boundaries of the forgoing described parcels are determined by the Court to be located a shown upon plan numbered 11246A3, sheet 1 and sheet 2, the same being compiled from a plan drawn by Cobb, Beesley and Miles, Engineers, dated June 1926, and filed with Certificate of Title No. 1451

So much of the above described land as is included by implication of law in the streets shown on said plans is subject to the rights of all persons lawfully entitled in and over the same.

For the grantor’s title see Certificate of Title #4023 filed with Hampden County Registry District.

Also another parcel of land situated in said Wilbraham bounded and described as follows:

EASTERLYby Stony Hill Road, twelve hundred seventy-four (1,274) feet;

SOUTHERLYby lands now or formerly of Edgar C. Clark and of George N. Lyman about thirty-three hundred twenty nine (3,329) feet;

WESTERLYby North Branch of Mill River and again

WESTERLYby land now or formerly of said George M. Lyman about six hundred ninety-five (695) feet;

NORTHERLYthirteen hundred eighty-five and 27/100 (1385.27) feet;

WESTERLYone hundred eighty-five and 03/100 (185.03) feet by said Lyman land; and

NORTHERLYby lands of sundry adjoining owners as shown on the plan hereinafter mentioned twenty0five hundred thirty-seven and 03/100 (2,537.03) feet.

The above described land is shown as parcels B-1 and B-2 on plan numbered 12240-C, filed with Certificate of Title No. 1597 in the Registry District of Hampden County, the same being compiled from a plan drawn by Cobb, Beesley and Miles, Engineers, dated September 1928, and additional date on file in the land Registration Office all as modified and approved by the Court, and all of said boundaries, except the water line, are determined by the Court to be located on the ground as shown on plan numbered 12240-C.

Also another parcel of land situate in Wilbraham bounded

NORTHERLYby Springfield Road, five hundred twenty-four and 10/100 (524.10) feet;

EASTERLYin part by Pole Bridge Brook and in part by the North branch of Mill River on lands of sundry adjoining owners as shown on plan numbered 12440-B filed with said Certificate of Title #1597 in the Registry District for Hampden County;

SOUTHERLYby land now or formerly of Edgar C. Clark, fourteen hundred sixteen and 67/100 (1416.67) feet;

SOUTHWESTERLYby lots 21 to 24 inclusive shown on said plan, four hundred sixty-four and 10/100 (464.10) feet;

SOUTHERLYby said lot 21, one hundred fifty (150) feet;

NORTHWESTERLYby Stony Hill Road, six hundred ninety and 70/100 (690.70) feet;

NORTHEASTERLYtwo hundred seventy-two and 26/100 (272.26) feet;

NORTHWESTERLYtwo hundred seventy-four and 89/100 (274.89) feet;

NORTHWESTERLYtwelve hundred nineteen and 26/100 (1219.26) feet by Club Drive;

NORTHWESTERLYby the Junction of said Club Drive and Brookdale Drive measuring on the southeasterly curving line thereof sixty and 71/100 (60.71) feet;

NORTHERLYthree hundred forty-eight and 17/100 (348.17) feet;

NORTHWESTERLYone hundred ninety-one and 40/100 (191.40) feet; and

WESTERLYsix hundred three and 77/100 (603.77) feet by said Brookdale Drive; and

NORTHWESTERLYby the junction of said Drive with said Springfield Road measuring on the southeasterly curving line thereof thirty-one and 42/100 (31.42) feet.

Said parcel is shown as Lot A-1 on said plan numbered 12240B.

SAVING AND EXCEPTING from the hereinabove described parcel that portion thereof which was conveyed to Western Massachusetts Electric Company by deed dated September 8, 1965 and noted as Document #35373 on Certificate of Title #2842, said excepted land being shown as Lots 1 to 4 both inclusive on Land Court Subdivision plan #12364, but hereby expressly conveying to the grantee herein all rights and easements reserved by the grantor herein to itself, its successors and assigns in said Document #35373 noted as aforesaid.

Also other parcels of land situated in said Wilbraham being lots number 9 to 16 both inclusive and Lots 21 to 24 both inclusive, all as shown on said plan numbered 12240B.

All of the boundaries, except the water line, of the two fore-going described parcels are determined by the Court to be located as shown upon plan numbered 12240-B, filed with Certificate of Title No. 1597 in the Registry District of Hampden County, the same being compiled on a plan drawn by Cobb, Beesley & Miles, Engineers, dated August, 1928, and additional data on file in the Land Registration Office, all as modified and approved by the Court.

So much of the above described land as is included by implication of law in the streets shown on said plan is subject to the rights of all persons lawfully entitled in and over the same. For the grantors title see Certificate of Title number 2842 filed with Hampden County Registry District.

Also four parcels of land located in said Wilbraham Hampden County, Massachusetts; being shown as Parcels 1,2,3, and 4 on a plan entitled, “Western Massachusetts Electric Company, Real Estate Dept., West Springfield, Mass., Scale 1”-100’, Plan of Land in Wilbraham, Mass., DRG. No. AA-30329” to be recorded herewith being more particularly bounded and described as follows:

PARCEL NO. 1:Bounded Easterly by other land of the Western Massachusetts Electric Company and bounded Northerly, Westerly and Southerly by the thread of Pole Bridge Brook, all as shown on said plan. Containing 600 square feet.

PARCEL NO. 2:Bounded Easterly by other land of the Western Massachusetts Electric Company and bounded Northerly, Westerly and Southerly by the thread of Pole Bridge Brook, all as shown on said plan. Containing 300 square feet.

PARCEL NO. 3:Bounded Easterly by other land of the Western Massachusetts Electric Company and bounded Northerly, Westerly and Southerly by the thread of Pole Bridge Brook, all as shown on said plan. Containing 6,000 square feet.

PARCEL NO. 4:Bounded easterly by other land of the Western Massachusetts Electric Company and bounded Northerly, Westerly and Southerly by the thread of Pole Bridge Brook, all as shown on said plan. Containing 50 square feet.

For title to the above described Parcels numbered one to four inclusive see deed from Western Massachusetts Electric Company dated September 8, 1965 and recorded with the Hampden County Registry of Deeds in Book 3145, Page 379.

Excepting from the herein above described parcels that portion that is reserved for the Town of Wilbraham for use as the Town Offices, bounded:

Northerlyby Springfield Street six hundred (600.00) feet;

Easterlythree hundred (300.00) feet;

Southerlyfour hundred fifty-one and 31/100 (451.31) feet;

Easterlyone hundred sixty-nine and 06/100 (169.06) feet;

Southerlyby lot 9 as shown on L.C. Plan No. 11246A two hundred (200.00) feet;

Westerlyby lots 2-3 and “Driveway” as shown on said plan three hundred eighty-six and 96/100 (386.96) feet.