Bill S.1889

SENATE DOCKET, NO. 1910 FILED ON: 10/18/2013

SENATE . . . . . . . . . . . . . . No. 1889

By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1889) of James E. Timilty and Denise C. Garlick (by vote of the town) for legislation to direct the Division of Capital Asset Management and Maintenance to transfer certain parcels of land in the town of Medfield. State Administration and Regulatory Oversight. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act directing the Division of Capital Asset Management and Maintenance to transfer certain parcels of land in the town of Medfield.

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. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 180 of the acts of 2002, chapter 269 of the acts of 2008 or any other general or special law to the contrary, the commissioner of capital asset management and maintenance shall convey to the town of Medfield, primarily for the purpose of its public water supply system, for no or nominal consideration, all of the commonwealth's right, title and interest in the water tower and in the parcel of land on which the water tower is located at the former Medfield State Hospital, as approximately shown on Figure 1 of the “Town of Medfield’s Board of Water and Sewerage Concept Plan” dated July 18, 2013, a copy of which is on file with the division, together with a strip of land 25 feet wide for access, egress and utilities extending from Hospital road to said parcel of land as approximately shown on Figure 3 of the plan. The exact boundaries of the parcel and strip shall be surveyed by a registered land surveyor prior to conveyance. If the parcel and strip cease to be used for the purposes set forth in this section, title shall revert to the commonwealth.

SECTION 2. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 180 of the acts of 2002, chapter 269 of the acts of 2008 or any other general or special law to the contrary, the commissioner of capital asset management and maintenance shall transfer to the town of Medfield, primarily for the maintenance or improvement of its public water supply system, for no or nominal consideration, all of the commonwealth's right, title and interest in those parcels of land known as the tubular well fields, as more particularly described in subsection (b), and shall transfer to the town of Medfield such rights of way or easements for utilities now existing and extending from the tubular well field to the Medfield State Hospital property line as more particularly described in subsection (c), and shall grant to the town of Medfield an easement for subsurface utilities, not less than 25 feet wide centered on the water main pipeline, extending from the former Medfield State Hospital property line to the parcel described in section 1, as more particularly described in subsection (d).

(b) The parcels of land consist of:

(i) that certain parcel of land described in a deed from Sybil Hutson to the Commonwealth of Massachusetts and recorded in the Norfolk county registry of deeds in book 1891, page 319 and shown on a plan entitled “Plan of the so called Hutson 17 Acre Lot, Medfield, Massachusetts, M.D. Place, October 29, 1929”, recorded in the Norfolk county registry of deeds as plan no. 424 of 1930;

(ii) those certain parcels of land described as Parcels A, B and C in a certain order of taking recorded in the Norfolk county registry of deeds in book 4567, pages 627, 628 and 629, consisting of 4.472 acres as shown on a plan entitled “Plan of Land, Medfield-Mass, Scale 1”-60’, Nov. 29, 1968, L.W.DeCelle Surveyors, Inc. 285 Union St., Randolph”, recorded in the Norfolk county registry of deeds in plan book 225, plan no. 9-1969;

(iii) that certain parcel of land located between lots 86 and 87 as shown on a plan recorded in the Norfolk county registry of deeds as plan no. 980 of 1966 in plan book 221.

(i) the commonwealth’s “right to construct, lay, maintain, operate, repair and remove a water pipe line and power pole line” granted by deed recorded in the Norfolk county registry of deeds at book 1895, page 410, and as shown on a plan entitled “Plan showing location right of way for water pipe and pole lines conveyed to Commonwealth of Massachusetts by Sybil Hutson, Medfield, Mass., J.J. Van Valkenburgh C.E., Framingham, Mass., Scale 1 inch-100 feet, December 1929”;

(ii) the commonwealth’s “right and easement to construct, lay, maintain, operate, repair and remove a water pipe line and power pole line”, as show on a plan entitled “Plan Showing Location Right of Way for Water Pipe and Pole Line Conveyed to the Commonwealth of Massachusetts by Hannah Lovell, Medfield, Mass., J.J. Van Valkenburgh, C.E., Framingham, Mass., Scale 1 inch equals 100 feet, December 1929”, recorded in the Norfolk county registry of deeds in book 1916, page 7;

(iii) the commonwealth’s “right to construct, lay, maintain, operate, repair and remove a water pipe line and power pole line” as shown on a plan entitled “Plan showing location right of way for water pipe and pole lines conveyed to Commonwealth of Massachusetts by John Hinkley, Medfield Mass., J.J. Van Valkenburgh C.E., Framingham, MA, Scale 1 inch - 100 feet, December 1929” recorded in the Norfolk county registry of deeds in book 1895, pages 411 and 412;

(iv) the commonwealth’s “right to construct, lay, maintain, operate, repair and remove a water pipe line and power pole line”, as show on a plan entitled “Plan showing location right of way for water pipe and pole lines Conveyed to the Commonwealth of Massachusetts by Robert and Abbie McCullough, Medfield, Mass., J.J. Van Valkenburgh, C.E., Framingham, Mass., Scale 1 inch equals 100 feet, December 1929, recorded in the Norfolk county registry of deeds in book 1898, pages 228 and 229; and

(v) the commonwealth’s right and easement to construct, lay, maintain, operate, repair and remove a water pipeline and power pole line, as show on a plan entitled “Plan Showing Location Right of Way for Water Pipe and Pole Line Conveyed to the Commonwealth of Massachusetts by Agnes V. Cepaul, Medfield, Mass., J.J. Van Valkenburgh, C.E., Framingham, Mass., Scale 1 inch equals 100 feet, December 1929”, recorded in the Norfolk county registry of deeds in Book 1895, Page 408.

(d) A new easement and right of way, as approximately shown on Figure 3 of the Town of Medfield’s Board of Water and Sewerage Concept Plan described in section 1, the exact boundaries of which shall be surveyed by a registered land surveyor prior to conveyance.

(e) Any deed conveying the parcels described in this section shall reserve to the commonwealth the right of way to Harding street, fully shown on a plan entitled, “Plan Showing Location Right of Way for Travel Conveyed to the Commonwealth of Massachusetts by Sybil Hutson, Medfield Mass., J.J. Van Valkenburgh, C.E., Framingham, Mass. Scale – 1 inch = 100 feet”, December, 1929, recorded in Norfolk county registry of deeds as plan no. 425 of 1930.

(f) If any parcel or easements ceases to be used for the purposes set forth in this section, title to such parcel or easement shall revert to the commonwealth.

SECTION 3. The town of Medfield shall be responsible for all costs of the transactions authorized in sections 1 and 2 including, but not limited to, surveys, plans, recording fees and any other expenses relating to any such transfer, as shall be considered necessary by the commissioner of capital asset management and maintenance.

Name:	District/Address:
James E. Timilty	Bristol and Norfolk
Denise C. Garlick	13th Norfolk