SENATE DOCKET, NO. 3226        FILED ON: 6/23/2022

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2959

The Commonwealth of Massachusetts

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PRESENTED BY:

Marc R. Pacheco

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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 town of Carver to transfer certain real property, including water wells and a pumping station thereon to the Cranberry Village Residents Association, Inc..

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PETITION OF:

SENATE DOCKET, NO. 3226        FILED ON: 6/23/2022

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2959

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act authorizing the town of Carver to transfer certain real property, including water wells and a pumping station thereon to the Cranberry Village Residents Association, Inc..

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 the provisions of sections fifteen and fifteen A of chapter 40 of the General Laws and section sixteen of chapter 30B of the General Laws, or any other applicable law, the town of Carver, acting by its select board, upon the granting of approval by the Department of Environmental Protection as required by the regulations of said department, is hereby authorized and empowered to convey all or any portion of the town's interests in certain real property and the water wells, pumping station, and other water infrastructure located thereon, said property described in a deed recorded with the Plymouth County registry of deeds in book 8929, page 94, to the Cranberry Village Residents Association, Inc., a Massachusetts non-profit association organized under chapter 180 of the General Laws, established for the purpose of owning, operating and maintaining a manufactured housing community, for consideration of $1.00, and subject to such terms and conditions as the select board deems to be in the best interests of the town, which shall include at least a deed restriction requiring that the property shall be used in perpetuity solely for the purpose of providing potable water to Cranberry Village and such uses as are incidental or related to the use and protection of the property as a potable water supply.

SECTION 2. The deed effectuating the conveyance authorized in section 1 shall provide that if the parcel ceases to be used for the purposes set forth in section 1 for more than one (1) continuous year, unless such cessation is caused by an uncontrollable force or natural disaster not within the power of the grantee or its assignee, title to the parcel shall, at the election of the town of Carver select board, revert to the town if the town: (i) provides the grantee or its assignee with written notification and an opportunity to cure; and (ii) records a notice of the reversion in the Plymouth County registry of deeds. In the event of reversion under this section, the parcel shall be held by the town for general municipal purposes.

SECTION 3. This act shall take effect upon its passage.