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  • Acts
  • 2004
  • Chapter 231 AN ACT AUTHORIZING THE CITY OF WALTHAM TO CONTINUE THE USE OF CERTAIN PARK LAND FOR WATER 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 city of Waltham, acting through its city council and mayor, may transfer from the parks and recreation board to the Waltham public works department, for the continued maintenance and operation of 2 water towers and the water lines connected thereto, the care, use and control of several portions of land located in Prospect Hill Park, identified on the plan entitled "Plan of Land, Prospect Hill Park, Waltham, Massachusetts" dated October 28, 1999, consisting of 5 sheets, and on file in the office of the city clerk and the city engineer, hereinafter the "plan". The property to be transferred to the care, use and control of the public works department is identified on the plan as "Proposed 25 Feet Wide Water Easement", "Proposed 20 Feet Wide Water Easement", "Proposed 25 Feet Wide Water Easement", and "Proposed Water Easement", hereafter collectively referred to as the "water easements".

The area shown on Sheet 2, roughly defined as the rectangular area 471.98' by 240', containing 2 water towers, shall continue to be surrounded by a chain link fence, the continued maintenance of which shall be the responsibility of the public works department. This area shall be subject to the exclusive care, use and control of the public works department for so long as the water towers, or any replacements thereof, remain necessary for the operation of the city of Waltham water supply and distribution system. If the towers become unnecessary to the operation of the city of Waltham water supply and distribution system, as determined by the director of public works in writing and submitted to the mayor and city council, the care, use and control of the land located within said area shall revert to the parks and recreation board.

The surface of the water easements shall continue to be subject to the care, control and use of the parks and recreation board for park and recreation purposes subject, however, to the right of the public works department to enter the areas for the purpose of installing, operating, repairing, maintaining and replacing underground water lines necessary for the continued operation of the city of Waltham water supply and distribution system. +s

SECTION 2. This act shall take effect upon its passage. @s

Approved July 30, 2004.