AN ACT RELATIVE TO PONDERS HOLLOW ROAD IN THE CITY OF WESTFIELD.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
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.
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
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.