Bill H.4882

HOUSE DOCKET, NO. 5254 FILED ON: 7/10/2024

HOUSE . . . . . . . . . . . . . . . No. 4882

By Representative Whipps of Athol and Senator Comerford, a joint petition (accompanied by bill, House, No. 4882) of Susannah M. Whipps and Joanne M. Comerford (by vote of the town) that the town of Orange be authorized to convey five parcels of land. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act authorizing the town of Orange to convey a certain parcel of land.

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 Water Department of the Town of Orange may release from water supply designation five (5) certain parcels of land totaling approximately .38 acres, more or less, located at Lake Mattawa, in said Town to the Board of Selectmen of the Town of Orange for the purpose of conveying such parcels, by lot or otherwise. The land was acquired by the Town of Orange Water Department for water supply purposes as part of a 35-acre parcel by deed dated on or about May 26, 1894, and recorded in the Franklin County Registry of Deeds in Book 433, Page 228, and the Water Department has determined that the approximately .38 acres more or less of land at Lake Mattawa is surplus property no longer needed for water supply protection purposes. Said parcels are more specifically shown as Parcel A, Parcel B, Parcel C, Parcel D, and Parcel E on a plan of land entitled “Plan of Land Holtshire Road, Orange MA,” dated March 11, 2020, and prepared by Edward T. Berry, PLS.

Said Town shall designate, as replacement land, a parcel of land on Lake Mattawa at 129 Lake Mattawa Road, more specifically shown as Lot 113 on a plan entitled “Plan of Land in Orange, Massachusetts, owned by the Town of Orange,” dated June 9, 2006 and revised on August 25, 2009, by Berry Engineering, Inc., more particularly bounded and described as follows:

Beginning at a point on the shoreline of Lake Mattawa, said point marking the northwest corner of the affected premises; thence N 53° 26’ 04” E a distance of 140.00 feet, more or less, to a stake; thence turning and running N 73° 41’ 00” E a distance of 26.81 feet, more or less, to a point, the last two courses being along Lot 114 as shown on the aforementioned plan; thence turning and running S 08° 55’ 54” W a distance of 61.52 feet, more or less, to Pole 73-1; thence proceeding S 08° 76’ 39” E a distance of 107.61 feet, more or less, to a point; thence turning and running S 76° 02’ 17” W a distance of 15.46 feet, more or less, to an iron pin; thence proceeding S 70° 27’ 04” W a distance of 69.00 feet, more or less, to a point on the shoreline of Lake Mattawa, the last 2 courses being along Lot 111 as shown on the aforementioned plan; thence turning and running northwesterly along the shoreline of Lake Mattawa a distance of 125.00 feet, more or less, to the place of beginning. Containing 16,370 square feet, more or less.

Section 2. Notwithstanding chapter 30B of the General Laws, but subject to paragraphs (a), (b) and (g) of Section 16 of Chapter 30B, the Town of Orange, acting by and through its Board of Selectmen, may transfer or convey, by lot or otherwise, the property at Lake Mattawa containing approximately .38 acres more or less for fair market value to the current occupants on the land. The five subject parcels are more specifically shown as Parcel A, Parcel B, Parcel C, Parcel D, and Parcel E on a plan of land entitled “Plan of Land Holtshire Road, Orange MA,” dated March 11, 2020, and prepared by Edward T. Berry, PLS, more particularly bounded and described as follows:

Parcel A

Beginning at a point on the easterly side of the 1896 Franklin County Layout, known as Holtshire Road, concurrent with the high water mark of Lake Mattawa, said point marking the northernmost point of the affected parcel; thence running southerly along the high water mark of Lake Mattawa a distance of 88.00 feet, more or less, to a point on the high water mark; thence turning and running S 71° 04’ 00” W a distance of 36.00 feet, more or less, to a point on the easterly side of Holtshire Road; thence turning and running N 32° 41’ 00” W along Holtshire Road a distance of 64.00 feet, more less, to the point of beginning. Containing 450 square feet, more or less.

Parcel B

Beginning at a point on the easterly side of the 1896 Franklin County Layout, known as Holtshire Road, said point marking the northwest corner of the affected parcel; thence turning and running N 71° 04’ 00” E a distance of 36.00 feet, more or less, to a point on the high water mark of Lake Mattawa; thence turning and running southerly along the high water mark of Lake Mattawa a distance of 127.00 feet, more or less, to a point on the high water mark; thence turning and running S 69° 45’ 52” W a distance of 13.00 feet, more or less, to a point on the easterly side of Holtshire Road; thence turning and running N 32° 41’ 00” W along Holtshire Road a distance of 128.97 feet, more less, to the point of beginning. Containing 3,520 square feet, more or less.

Parcel C

Beginning at a point on the easterly side of the 1896 Franklin County Layout, known as Holtshire Road, said point marking the northwest corner of the affected parcel; thence turning and running N 69° 45’ 52” E a distance of 13.00 feet, more or less, to a point on the high water mark of Lake Mattawa; thence turning and running southerly along the high water mark of Lake Mattawa a distance of 64.00 feet, more or less, to a point on the high water mark; thence turning and running S 71° 04’ 22” W a distance of 10.00 feet, more or less, to a point on easterly side of Holtshire Road; thence turning and running N 08° 22’ 36” W along Holtshire Road a distance of 13.44 feet, more less, to a point on the easterly side of Holtshire Road; thence proceeding N 32° 41’ 00” W along Holtshire Road a distance of 44.60 feet, more less, to the point of beginning. Containing 660 square feet, more or less.

Parcel D

Beginning at a point on the easterly side of the 1896 Franklin County Layout, known as Holtshire Road, said point marking the northwest corner of the affected parcel; thence turning and running N 71° 04’ 22” E a distance of 10.00 feet, more or less, to a point on the high water mark of Lake Mattawa; thence turning and running southerly along the high water mark of Lake Mattawa a distance of 67.00 feet, more or less, to a point on the high water mark; thence turning and running S 69° 45’ 52” W a distance of 48.00 feet, more or less, to a point on the easterly side of Holtshire Road; thence turning and running N 08° 22’ 36” W along Holtshire Road a distance of 62.38 feet, more less, to the point of beginning. Containing 1,575 square feet, more or less.

Parcel E

Beginning at a point on the easterly side of the 1896 Franklin County Layout, known as Holtshire Road, said point marking the northwest corner of the affected parcel; thence turning and running N 69° 45’ 52” E a distance of 48.00 feet, more or less, to a point on the high water mark of Lake Mattawa; thence turning and running southerly along the high water mark of Lake Mattawa a distance of 235.00 feet, more or less, to a point on the easterly side of Holtshire Road, concurrent with the high water mark of Lake Mattawa; thence turning and running N 04° 08’ 32” W along Holtshire Road a distance of 95.00 feet, more less, to the point of beginning. Containing 7,205 square feet, more or less.

Section 3. The proceeds of the disposition of the property in section 2 after expenses, shall be allocated as follows: (i) 50 percent (50%) shall be deposited into the Town treasury, and (ii) 50 percent (50%) shall be remitted to the Town of Orange Water Department Enterprise Fund to be used generally for water supply purposes and other costs associated with the development of water supply.

Section 4. This act shall take effect upon its passage.

Name:	District/Address:	Date Added:
Susannah M. Whipps	2nd Franklin	7/8/2024
Joanne M. Comerford	Hampshire, Franklin and Worcester	7/10/2024