SENATE DOCKET, NO. 1870        FILED ON: 8/9/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1851

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael J. Rodrigues

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the city of Fall River to use certain park land for combined sewer overflow control.

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PETITION OF:

SENATE DOCKET, NO. 1870        FILED ON: 8/9/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1851

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act authorizing the city of Fall River to use certain park land for combined sewer overflow control.

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 Fall River may use portions of the land known as Bicentennial park in said city for combined sewer overflow control, including the construction, installation, repair, maintenance and operation of a treatment facility and pipelines for the purpose of treating, transporting and storing wastewater and storm water.  The parcel of land is further described as follows:

Being a portion of the Land on Davol Street in the City of Fall River, the County of Bristol, and the Commonwealth of Massachusetts, described in Deed book 1134 Page 87;

Beginning at a point on the westerly side line of Davol Street, said point being eighty-five and sixty-one hundredths feet (85.61) northeasterly from the north west corner of Davol Street and President Avenue, thence turning and running;

Southwesterly along a curve to the right having a radius of six-thousand three and zero hundredths feet (6003.00) with a length of seventy-seven and sixty-four hundredths feet (77.64) to a point at the northwest corner of Davol Street and President Avenue, thence turning and running;

Southwesterly along a curve  to the right having a radius of twenty-four and zero hundredths feet (24.00) with a length of seven and ninety-seven hundredths feet (7.97) to a point at the northwest corner of Davol Street and President Avenue, thence turning and running;

N 76º 58’ 20” W for a distance of twenty-nine and thirty hundredths feet (29.30) by the side line of President Avenue, thence turning and running;

N 76º 58’ 20” W for a distance of one hundred seventy-six and ninety-six hundredths feet (176.96), by the side line of President Avenue, thence turning and running;

N 21º 39’ 10” E for a distance of eighty and twenty-one hundredths feet (80.21) to a point, thence turning and running;

S 70º 13’ 20” E for a distance of sixty-four and ninety-seven hundredths feet (64.97) to a point, thence turning and running;

N19º 38’ 54” E for a distance of fifty-seven and sixty-five hundredths feet (57.65) to a point, thence turning and running;

S 70º 21’ 06” E for a distance of twenty-seven and fifty hundredths feet (27.50) to a point, thence turning and running;

S 19º 38’ 54” W for a distance of twenty-eight and forty-one hundredths feet (28.41) to a point, thence turning and running;

S 70º 21’ 06” E for a distance of one hundred eleven and fifty-four hundredths feet (111.54) to the point of beginning.

The parcel being described has an area of eighteen thousand seven hundred and fifty-nine square feet (18,759) more or less.

SECTION 2.In consideration for the change of use of the parcel described in section 1, the city of Fall River shall dedicate 10,136 square feet, more or less, of land in Fall River to be acquired from the Roman Catholic Bishop of Fall River which shall be added to Maplewood Park as remediation for the 3,326 square feet, more or less, of land that the public will not have access to at Bicentennial Park due to the combined sewer overflow control authorized in said section 1.  The remediation land is further described as follows:

Being a portion of land in the City of Fall River, the County of Bristol, and the Commonwealth of Massachusetts more fully described as follows:

Beginning at a point on the northwesterly corner of the parcel described herein; thence

S 62º 01’ 19” E for a distance of two hundred and 01/100 feet (200.01) to a point; thence

S 27º 58’ 41’’ W for a distance of fifty and 00/100 feet (50.00) to a point; thence

N 62º 26’ 15” W for a distance of one hundred ninety nine and 64/100 feet (199.64) to a point; thence

N 27º 33’ 45” W for a distance of fifty one and 45/100 feet (51.45) to the point of beginning.

The parcel being described has an area of ten thousand one hundred thirty six square feet (10,136) more or less.

The parcel being described is also shown as Parcel D as shown on that certain plan of land entitled “Approval Not Required Plan of Land, Map E-22, Lots 3 & 28 in Fall River, MA” prepared for the Roman Catholic Bishop of Fall River dated April 2, 2013 by SITEC, Inc.

For the grantor’s title see: a deed dated April 27, 1961 and recorded with the Bristol county, Fall River district registry of deeds in book 753, page 71; a deed dated April 27, 1961 and recorded with the Bristol county, Fall river district registry of deeds in book 753, page 73; a deed dated April 27, 1961 and recorded with the Bristol county, Fall river district registry of deeds in book 753, page 74; a deed dated October 25, 1962 and recorded with the Bristol county, Fall river district registry of deeds in book 788, page 266; and a deed dated November 19, 1962 and recorded with the Bristol county, Fall river district registry of deeds in book 789, page 446.