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The 190th 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:

SECTION 1. The city of Beverly, acting by and through its mayor, is hereby authorized to convey, by deed approved as to form by its city solicitor, two parcels of land located in the city to Holly L. Wyner, trustee, for single family residential purposes. The parcels are shown as lots 1 and 2 on a plan of land entitled "Subdivision Plan Property of the city of Beverly and the Beverly Regional Young Mens' Christian Association located off Essex street", dated April 14, 1982, recorded with the Essex county registry of deeds in Plan Book 173, Plan 88.

There shall be excluded from the above conveyance a certain portion of Lot 1 bounded and described as follows:-

SOUTHERLY by Essex Street as shown on said plan, Fifty One and 77/100 feet (51.77'),

EASTERLY by land now or formerly of Norman H. DesLauriers and Beatrice Deslauriers and by land now or formerly of James L. Dallas and Betty P. Dallas, a combined distance of Three Hundred Twenty Three and 76/100 feet (323.76'),

NORTHERLY by the "50 -Ft. Wide Right of Way" portion of Parcel C-2, and

WESTERLY by the remaining portion of Lot 1.

The retention of this portion of lot 1 by the city of Beverly is to maintain a right of access to the city landfill, and for other public purposes, and shall be treated and considered for purposes of compliance with the zoning ordinance of the city as an acquisition of a portion of the lot for a public purpose, as set forth in section 29-5 F.2. of the zoning ordinance. The lot shall be considered and treated for purposes of size, shape, ownership, height, area, yard and off-street parking requirements as if the easement area were part of lot 1. Lot 1 shall have the benefit of section 29-5 I.g. of the zoning ordinance, as set forth in the ordinance, and subject to the terms and limitations therein provided. The easement area shall be subject to a non-exclusive easement appurtenant to the ownership of lots 1 and 2 for residential driveway purposes only, which easement shall not be conveyed or otherwise transferable except as appurtenant to the lots. The parcels of land to be conveyed by the city to Holly L. Wyner, Trustee contain approximately 1.61 acres.

SECTION 2. In consideration for the conveyance authorized in section 1, Holly L. Wyner, trustee, shall convey to the city of Beverly two parcels of land located in the city. The parcels are shown as lots 20 and 21 on a plan of land entitled "Definitive Subdivision of Land located in Beverly, Massachusetts, Prepared for K&L Realty Trust", dated January 26, 1999 which is on file with the planning department and the city engineer. The parcels of land to be conveyed to the city contain approximately 1.66 acres and are of value equal to or greater than that of the parcels described in section 1, as determined through procedures customarily accepted by the appraising profession as valid.

Approved December 22, 1999.