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The 192nd General Court of the Commonwealth of Massachusetts


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

The town of Wilmington is hereby authorized to transfer the care, custody, management and control of a certain parcel of land owned by the town from the conservation commission to the board of selectmen of the town, being a certain parcel of vacant land, shown as Map 11, parcel 34 on the town assessors maps, for the express and exclusive purpose of releasing a sewer easement to Sixth Realty Trust of Wilmington, Massachusetts, to construct, operate and maintain a sewer main and fixtures appurtenant thereto, upon, over, under and across a certain way known as Third Avenue as now laid out or may be laid out in the future in the town of Wilmington, a copy of which plan entitled "Proposed Sewer Extension Plan and Profile, Third Avenue in Wilmington, MA.", prepared by Marchionda & Associates, Inc., dated January 1991, Revised April 29, 1991, is on file with the conservation commission and the water and sewer department of said town, subject to the approval of the conservation commission, said way as now laid out and shown on a plan entitled "Shawsheen Pines", Billerica-Wilmington, Massachusetts, Engineer, Harry F. Bryant & Son, Date: April, 1927, and recorded at the Middlesex northern registry of deeds in Plan Book 50, Plan 61 and is contiguous to and abutting town owned land shown as Block 15, Lots 20-29, inclusive, on said plan; provided however, that the care, custody, management and control of said parcel shall otherwise remain with the conservation commission and also to authorize the selectmen to release the sewer easement area, in accordance with chapter thirty B of the General Laws and any other applicable law relating thereto; provided, further, that all approvals, including the approval of the secretary of environmental affairs, shall be obtained before the transfer of said sewer easement all in accordance with town by-laws; and, provided, further, that said town of Wilmington shall require Sixth Realty Trust to reimburse said town for all costs and expenses of said town relative to the aforesaid easement, recording, legislation and approvals.

Approved May 22, 1997.