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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:

SECTION 1. Notwithstanding any general or special law to the contrary, the portion of Ponders Hollow road that lies between the easterly boundary line of Southwick road and the westerly boundary line of Tannery road within the city of Westfield shall be discontinued as a public way.

Upon the discontinuance of the portion of Ponders Hollow road as a public way, the city of Westfield shall be vested with a perpetual 33 foot wide utility easement, for the purpose of laying, erecting, contracting, replacing, repairing, maintaining and operating any and all utilities, said easement being shown by reference to its center line on plan sheets entitled "Discontinuance and Easement Plan of Ponders Hollow Road prepared for City of Westfield, Massachusetts," dated December 6, 2001, E. B. Holmberg & Associates, Land Surveyors.

SECTION 2. Any person holding an interest in land and who shall claim damage or injury to an interest by the discontinuance of Ponders Hollow road as a public way, or the establishment of the utility easement established in section 1, shall have as his exclusive remedy the right to petition the Hampden county superior court for damages from the city of Westfield in conformity with, and subject to, the rights, limitations and procedures established in chapter 79 of the General Laws. The limitations period within which such a petition shall be filed shall commence to run from the date the city causes a copy of this act and the plan set forth in section 1 to be recorded in the Hampden county registry of deeds.

Approved January 29, 2004.