SENATE DOCKET, NO. 590        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1911

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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 mutual release of all claims to certain lands in the town of Newbury.

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PETITION OF:

SENATE DOCKET, NO. 590        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1911

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act authorizing the mutual release of all claims to certain lands in the town of Newbury.

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 special or general laws to the contrary, the commissioner of the division of capital asset management and maintenance, in consultation with the director of the division of fisheries and wildlife, on behalf of the Commonwealth of Massachusetts, is hereby authorized to convey by a release deed to The Richard J. Boudreau and Pauline C. Boudreau Irrevocable Trust, Karyn M. Alves, Trustee, under declaration of trust dated September 5, 2017 and recorded at the Essex South District Registry of Deeds at Book 36202, Page 289 (hereinafter, the “Trust”), all of the Commonwealth’s interests in the lot of land with the buildings thereon, situated in the Town of Newbury, Essex County, on the southwesterly side of Moody Street, so called, shown as Lot A as shown on “Plan of Land Located in Newbury, Massachusetts” prepared by Engineering Land Services, LLC, dated July 7, 2018 and on file with the division of capital asset management and maintenance and with the division of fisheries and wildlife.  Said plan shall be recorded simultaneously with the recording of the conveyances described herein.

(b)  The consideration for such conveyance is the mutual release of the Trust’s interests by release deed in the following described lot of undeveloped land, situated in the Town of Newbury, Essex County, on the southwesterly side of Moody Street, so called, shown as Lot B as shown on “Plan of Land Located in Newbury, Massachusetts” prepared by Engineering Land Services, LLC, dated July 7, 2018 and on file with the division of capital asset management and maintenance and with the division of fisheries and wildlife.  Said plan shall be recorded simultaneously with the recording of the conveyances described herein.

The Commonwealth recognizes that said lot is not a buildable lot and agrees that it will be combined with the Crane Pond Wildlife Management Area.

(c)  As additional consideration, the Trust shall also convey to the commonwealth of Massachusetts, acting by and through its division of fisheries and wildlife a perpetual restrictive covenant for the area depicted on the Plan near the rock garden.  Said covenant shall prohibit the Trust or successor owners of Lot A from mowing or fertilizing in the restrictive covenant area to protect the wetlands resources on Lot B and shall require the planting of native grasses or shrubs.

(d)  The Trust shall assume all costs associated with engineering, surveying, deed preparation, and other expenses deemed necessary by the Commissioner of the Division of Capital Asset Management and Maintenance or the Commissioner of the Division of Fisheries and Wildlife to execute the conveyances described in this section.

SECTION 2.  This Act shall take effect upon its passage