SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2893

The Commonwealth of Massachusetts

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

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SENATE, July 25, 2024.

The committee on Senate Ways and Means to whom was referred the Senate Bill authorizing the commissioner of capital asset management and maintenance to convey certain parcels of land to the city of Westfield (Senate, No. 2393), - reports, recommending that the same ought to pass with an amendment substituting a new draft with the same title (Senate, No. 2893).

For the committee,

Michael J. Rodrigues

        FILED ON: 7/25/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2893

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 commissioner of capital asset management and maintenance to convey certain parcels of land to the city of Westfield.

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 34 to 37 of chapter 7C of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may convey to the city of Westfield for no monetary consideration the parcels of land described in section 2 which are currently under the care and control of the department of conservation and recreation, subject to the requirements of this act and to such additional terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may prescribe. Prior to finalizing the transaction or making the conveyance authorized in this act, the division of capital asset management and maintenance may complete a survey of the parcels.

(b) The parcels of land referenced in subsection (a) contain approximately 13.23 acres and consist of: (a) parcels 1 to 28, inclusive, as shown on a plan entitled, “Plan of Land in the City of Westfield, Taken in Behalf of the Commonwealth of Massachusetts, Acting by the Department of Public Works, Under Chapter 790 of the Acts of 1949 and Chapter 513 of the Acts of 1939”, Approved May 25, 1950, and recorded in the Hampden district registry of deeds in plan book 31, pages 27 and 28. Such land was acquired by an order of taking recorded in the Hampden district registry of deeds in book 2050, page 575; and (b) lots 17 and 25 as shown on a plan of land entitled “Subdivision of Lots A&B shown on plan filed with Cert. of Title No. 500 Registry District of Hampden County, Land in Westfield”, dated September 1916, identified as plan 5888-A filed with certificate of title number 500 in the Hampden registry district of the land court. The land was taken by the commonwealth for construction of a dike on the Westfield river by an order of taking recorded in the Hampden district registry of the land court as document number 13615 and such land is currently held for conservation and recreation purposes.

(c) The parcels conveyed to the city of Westfield pursuant to this act shall be placed under the care and control of the division of parks and recreation in the department of public works in the city of Westfield. The parcels shall be held for conservation and recreation purposes and flood protection purposes shall include, but not be limited to, the construction and maintenance of a flood control levee and a recreational trail open to the general public, subject to such reasonable rules and regulations as the city shall provide.

(d) The city of Westfield shall be responsible for all costs associated with the conveyances and releases authorized in this act including, but not limited to, any surveys, recordings and legal costs and any other expenses incurred by the commonwealth in connection with the conveyance and for all costs, liabilities and expenses of any nature and kind for its ownership, use, operation and maintenance including, but not limited to, the associated flood control works under item 7822-01 of section 2 of chapter 790 of the acts of 1949, chapter 513 of the acts of 1939 and chapter 91 of the General Laws.