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  • Acts
  • 1999
  • Chapter 58 AN ACT AUTHORIZING THE SWANSEA WATER DISTRICT TO ACQUIRE AND CONVEY CERTAIN PARCELS 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. Pursuant to chapter 30B of the General Laws but notwithstanding any other general or special law to the contrary, the Swansea water district, acting by and through its water commissioners, may, subject to the approval of the department of environmental protection, take in fee by eminent domain for the purpose of developing a public water supply a certain parcel of land located in the town of Swansea, owned by the Bristol county water authority, which parcel is bounded and described as follows:-

Beginning at a point in the easterly sideline of Reed Road at the Southwest corner of land of the Montaup Electric Company;

thence running S 11<=25'07" W 106.05' in the easterly sideline of Reed Road to the beginning of a curve;

thence running Southeasterly 55.79' in the sideline of Reed Road along the arc of a curve to the left having a radius of 49.13' to the end of the curve;

thence continuing Southeasterly 1,365.75' in the sideline of Reed Road along the arc of a curve to the right having a radius of 15,250.00' to a corner;

thence running N 46<=19'54" E 650.00' by the remaining land of Bristol County Water Company to a corner;

thence running Northwesterly 1,009.36' by the remaining land of the Bristol County Water Company along the arc of a curve to the left having a radius of 15,900.00' to a corner in the Southerly property line of land of Joyce L. Boivin and Cheryl McCullough;

thence running S 84<=57'31" W 540.20' in the Southerly property line of land of said Boivin and McCullough and land of Michael D. and Suzanne R. Richardson to a corner in the Southerly property line of land of Jeffrey T. Chretien;

thence running S 87<=43'55" W 138.58' by the land of Chretien to a corner and land of the Montaup Electric Company;

thence running S 85<=23'44" W 53.88' by the land of the Montaup Electric Company to the point of beginning.

Said herein described parcel contains 827,651 sq. ft. of area and is subject to an existing power easement to the Montaup Electric Company and a conservation easement described in section 2.

The taking shall be subject to the easements of the Bristol county water authority to pass and repass from Reed road over the above land taken to the authority's remaining land for the purpose of maintaining and repairing a reservoir and an easement to install a water pipe from the reservoir over, on and under the land taken to Reed road.

The term Bristol county water authority shall include the Bristol county water authority, its successors in interest and assigns.

SECTION 2. The taking authorized by this act shall include in perpetuity a conservation restriction and a watershed preservation restriction as described in sections 31 to 33, inclusive, of chapter 184 of the General Laws in the following described land:-

Beginning at the Northern corner of the above described parcel said corner being in the remaining land of Joyce L. Boivin and Cheryl A. McCullough;

thence running S 84<=57'31" W 35.29' in the Southerly property line of land of said Boivin and McCullough to a corner;

thence running within the above described parcel by the following five courses:

S 26<=44'34" W 100.35'

S 49<=02'43" W 165.62'

S 08<=39'09" W 131.17'

S 03<=44'03" E 154.30'

S 85<=52'33" E 775.11'

to a corner in the remaining land of the Bristol County Water Company;

thence Northwesterly 777.07' by the remaining land of the Bristol County Water Company along the arc of the curve to the left having a radius of 15,900.00' to the point of beginning.

Said herein described easement contains 226,291 sq. ft. of area.

SECTION 3. No uses shall be made of the land subject to the conservation and watershed preservation restrictions described in section 2, and no activity shall be permitted thereon, which would violate in any way, any law, rule, regulation or requirement of the department of environmental protection whose observance is required in order for the Swansea water district to use the premises taken in fee for a public water supply.

SECTION 4. Any person sustaining damages in his property by any taking under the provisions of section 1 of this act or any other action taken pursuant to the authority granted herein may recover such damages from the Swansea water district under the provisions of chapter 79 of the General Laws.

SECTION 5. Pursuant to chapter 30B of the General Laws but notwithstanding any other general or special law to the contrary, the Swansea water district, acting by and through its water commissioners, may convey, upon such terms and conditions as the water commissioners deem appropriate, a certain parcel of land in the town of Swansea, presently under the care, custody and control of the district, to the Bristol county water authority, which parcel of land is described as follows:-

Beginning at a point in the Westerly line of Bushee Road at the Northeasterly corner of land now or formerly of the Warren Bristol Water Works, being the Southeasterly corner of the lot to be described;

thence running Westerly by a wall and by said land of Warren Bristol Water Works, one thousand four hundred sixty (1,460) feet, more or less, to a point for a corner;

thence running Northwesterly by said last named land, one hundred forty-five (145) feet, more or less, to a point for a corner;

thence running Northeasterly by a wall and by land now or formerly of Frank Paulo, one thousand six hundred thirty-five (1,635) feet, more or less, to said Bushee Road;

thence running Southerly in the Westerly line of said Bushee Road one thousand thirty (1,030) feet, more or less, to the point of beginning, containing nineteen and one-half (19>) acres of land, more or less. Reference may be made to Town of Swansea Assessors Plan No. 5, Lot 13. Excepted from said conveyance is 6,400 square feet of land, more or less, taken by the town of Swansea for highway purposes. See taking in Bristol county Fall River registry of deeds, Book 1320, Page 171. See also plan Book 68, Page 45. Said Premises are conveyed subject to an easement to New England Power Company as appears of record and recorded with said registry in Book 731, Page 136.

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

Approved August 13, 1999.