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  • Acts
  • 1998
  • Chapter 256 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY CERTAIN PARCELS OF LAND TO THE FRANKLIN REGIONAL COUNCIL OF GOVERNMENTS FOR HIGHWAY PURPOSES.

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 commissioner of the division of capital planning and operations is hereby authorized, notwithstanding section 40H of chapter 7 of the General Laws, to sell and convey by deed, several parcels of land currently being used for watershed purposes located in the town of New Salem to Franklin Regional Council of Governments subject to the provisions of this act and to such additional terms and conditions as the commissioner may prescribe. Said land is shown on a plan, entitled, "Proposed Alteration of a Portion of Neilson Road, New Salem", prepared by Berry Engineering, Inc., and dated August 28, 1991, which is on file with said county and said land is generally bounded and described as follows:

Parcel 1:

Beginning at Bound No. 18 bearing S 48° 29' 04" W, a distance of 20.00 feet from Station 67+00.00 of the Baseline of the proposed alteration of Neilson Road; thence, running southeasterly, a distance of 333 feet more or less along the southerly sideline of the 1805 County Layout of Neilson Road to a point in the northerly sideline of the proposed alteration of Neilson Road; thence, running S 39° 39'-30" E, a distance of 555 feet more or less to a point in the southerly sideline of the said 1805 layout; thence, running southeasterly, a distance of 178 feet more or less along the southerly sideline of the said 1805 layout to a point in the northerly property line of the other land of the Commonwealth and opposite Station 77+58; thence, turning and running westerly along the said property line between, a distance of 42 feet more or less to a point in the southerly sideline of the 1993 Alteration of Neilson Road; thence, turning and running N 39° 39' 30" W a distance of 1029 feet more or less to Bound No. 18A; thence, turning and running N 48° 29' 04" E, a distance of 10.02 feet to Bound No. 18 and the point of beginning.

The above described parcel contains 52,054 square feet, more or less.

Parcel 2:

Beginning at a point opposite Station 77+58 plus or minus of the Baseline of the proposed Alteration of Neilson Road in the westerly sideline of the 1805 County Layout of Neilson Road on the property line between two (2) parcels owned by the Commonwealth of Massachusetts; thence, running southeasterly a distance of 168 feet more or less along the westerly sideline of said 1805 County Layout to a point in the southerly sideline of the proposed Alteration of Neilson Road; thence, turning and running N 39° 39' 30" W, a distance of 193 feet more or less along said southerly sideline to other lands of the Commonwealth of Massachusetts; thence, turning and running along the aforesaid property line, a distance of 42 feet more or less to the point of the beginning.

The above described parcel contains 2,789 square feet, more or less.

Parcel 3:

Beginning at a point opposite Station 78+66 plus or minus of the Baseline of the proposed Alteration of Neilson Road and the intersection of the northerly sideline of the 1805 County Layout and the proposed Alteration of Neilson Road; thence, running S 39° 39' 30" E, a distance of 196 feet more or less to a point of curvature bearing N 50° 20' 30" E, a distance of 30.00 feet from Station 80+60.07 of the said Baseline; thence, by a curve to the left having a radius of 470.00 feet and an arc length of 425 feet more or less to a point opposite Station 85+12 plus or minus of said baseline and at the intersection of the northerly sidelines of the 1805 County Layout and the proposed Alteration of Neilson Road; thence, turning and running westerly, a distance of 78 feet more or less along the northerly sideline of the said 1805 County Layout to a point; thence, running westerly, a distance of 150 feet more or less to a point along the northerly sideline of the said 1805 County Layout; thence, running northwesterly, a distance of 154 feet more or less to a point along said northerly sideline of the said 1805 County Layout; thence running northwesterly, a distance of 276 feet more or less along the northerly sideline of the said 1805 County Layout to the northerly sideline of the proposed Alteration of Neilson Road and the point of beginning.

The above described parcel contains 16,879 square feet, more or less.

Parcel 4:

Beginning at a point in the northerly sideline of the proposed Alteration of Neilson Road opposite Station 86+00 plus or minus of the Baseline of the proposed Alteration of Neilson Road and at the intersection of the northerly sidelines of the 1805 County Layout and the proposed Alteration; thence, running along the northerly sideline of said Alteration on a curve to the left having a radius of 470 feet, a distance of 33 feet more or less to the point of tangency on the said northerly sideline opposite Station 86+34.89 of the said Baseline; thence, running along said northerly sideline N 74° 28' 20", a distance of 50 feet more or less along the northerly sideline of the proposed Alteration of Neilson Road to a point being the intersection of the northerly sideline of the 1805 County Layout and the proposed Alteration of Neilson Road and opposite Station 86+85 plus or minus of said Baseline; thence, turning and running southwesterly, a distance of 28 feet more or less along the northerly sideline of the said 1805 County Layout to a point; thence, running westerly, a distance of 55 feet more or less along the northerly sideline of the said 1805 County Layout to the northerly sideline of the proposed Alteration of Neilson Road and the point of beginning.

The above described parcel contains 307 square feet, more or less.

Parcel 5:

Beginning at a point at the intersection of the southerly sideline of the 1805 County Layout of Neilson Road and the southerly sideline of the proposed Alteration of Neilson Road opposite Station 84+50 plus or minus and 30.00 feet distance from the Baseline of the said proposed Alteration; thence, running easterly along the southerly sideline of the said 1805 County Layout, a distance of 221 feet more or less to a point; thence, running northeasterly along the southerly sideline of the said 1805 County Layout, a distance of 93 feet more or less to a point at the land of the Commonwealth of Massachusetts; thence, turning and running southeasterly along the land of the Commonwealth of Massachusetts, a distance of 28 feet more or less to a point in the southerly sideline of the proposed Alteration opposite Station 87+62 plus or minus and 30.00 feet distance from the Baseline of said proposed Alteration; thence, turning and running S 74° 28' 20" W a distance of 125 feet more or less to a point of tangency of a curve in said southerly sideline bearing S 15° 31' 40" E, a distance of 30.00 feet from Station 86+34.89 of the Baseline of said proposed Alteration; thence, running along a curve to the right with a radius of 530 feet, a distance of 196 feet more or less to a point of intersection of the southerly sideline of the said 1805 County Layout and the southerly sideline of the said proposed Alteration the point of beginning.

The described parcel contains 3,237 square feet, more or less.

Parcel 6:

Beginning at a point on the southerly sideline of the 1805 County Layout of Neilson Road at other land of the Commonwealth of Massachusetts opposite station 88+43 plus or minus of the Baseline of the proposed Alteration of Neilson Road and 2 feet more or less southerly thereof; thence, running northerly along the southerly sideline of the said 1805 County Layout, a distance of 55 feet more or less to a point; thence, running northeasterly along the southerly sideline of the said 1805 County Layout, a distance of 42 feet more or less to a point of intersection with the northerly sideline of the proposed Alteration of Neilson Road opposite Station 88+43 feet plus or minus of the Baseline of the said proposed Alteration; thence, turning and running N 74° 28' 20" E, a distance of 591 feet more or less to a point of curvature at Station 94+33.95 of the Baseline of the said proposed Alteration and bearing N 15° 41' 40" W a distance of 30.00 feet therefrom; thence, by a curve to the left having a radius of 470.00 feet and an arc length of 285.51 feet to a point of tangency at Station 97+37.69 of the Baseline of said proposed Alteration and bearing N 39° 40' 00" W a distance of 13 feet more or less to the land of the Inhabitants of the Town of New Salem and a bound point for an MDC bound to be set; thence, turning and running southeasterly along said land of the Inhabitants of the Town of New Salem, a distance of 38 feet more or less to a stone bound found and the land of Fannie M. Paul; thence, turning and running southwesterly along land of said Fannie M. Paul, a distance of 52 feet more or less to a point in the southerly sideline of the proposed Alteration and opposite Station 97+06 plus or minus of the Baseline of said proposed Alteration, a distance of 30.00 feet therefrom at which point an MDC bound is set; thence, turning and running on a curve to the right having a radius of 530.00 feet, a distance of 288 feet more or less to a point of curvature at Station 94+33.95 of the Baseline of the proposed Alteration and bearing S 15° 31' 40" E, a distance of 30.00 feet therefrom; thence, running S 74° 28' 20" W a distance of 672 feet more or less to other land of the Commonwealth of Massachusetts; thence, turning and running northwesterly along said land of the Commonwealth of Massachusetts to a point; in the southerly sideline of the said 1805 County Layout and the point of beginning.

The above described parcel contains 57,673 square feet, more or less.

Parcel 7:

Beginning at a point of intersection of the northerly sideline of the proposed Alteration of Neilson Road with the northerly sideline of the 1793 County Layout of Neilson Road opposite Station 122+73 plus or minus of the Baseline of said proposed Alteration and 30.00 feet therefrom; thence, running northeasterly, a distance of 22 feet more or less to the land of Robert E. Harris, Jr.; thence, turning and running southerly along said land of Harris, a distance of 2 feet more or less to a point in the northerly sideline of the said 1793 County Layout; thence, turning and running southwesterly along the northerly sideline of said 1793 County Layout, a distance of 21 feet more or less to the point of the beginning.

The above described parcel contains 23 square feet, more or less.

All of the boundaries may be more specifically established by the commission based on a survey.

SECTION 2. No deed conveying by or on behalf of the commonwealth the property described in section 1 shall be valid unless such deed provides that said property shall be used for highway purposes.

SECTION 3. In the event that the property described in section 1 is not used for the purposes described in section 2 or if the aforementioned purpose ceases at any time upon notice by the commissioner, the parcels shall revert to the commonwealth under such terms and conditions as the commissioner may prescribe.

SECTION 4. The recipient of said conveyance of property shall assume the costs of appraisals, surveys and other expenses as deemed necessary by the commissioner for the conveyance of this property.

SECTION 5. The 1805 county layout of Neilson road laying outside the layout lines of the proposed alteration of Neilson road will be discontinued upon completion of the construction of Neilson road and the land under the discontinued portions of said 1805 county layout and abutting commonwealth land shall revert to the commonwealth.

SECTION 6. This act shall take effect upon its passage.

Approved August 7, 1998.