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Session Law

2006

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Chapter 234 AN ACT RELATIVE TO THE DISPOSITION OF LAND OWNED BY THE DEPARTMENT OF CONSERVATION AND RECREATION IN THE TOWN OF ROWLEY IN EXCHANGE FOR CERTAIN OTHER LAND LOCATED IN THE TOWN OF ROWLEY.

Whereas, The deferred operation of this act would tend to defeat its purpose which is to transfer forthwith certain land owned by the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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 commissioner of the division of capital asset management, on behalf of and in consultation with the commissioner of the department of conservation and recreation, may, notwithstanding sections 40F to 40I, inclusive, of chapter 7 of the General Laws, or any other applicable law, convey title to a certain parcel of land and any improvements located thereon currently under control of the department of conservation and recreation for conservation and recreation purposes for the Georgetown Rowley state forest, in the town of Rowley, to Sheriff Abuzahra of the town of Wakefield, his successors and assigns, the land having been originally acquired pursuant to chapter 633 of the acts of 1971.
This conveyance is subject to the requirements of this act, and to such additional terms and conditions consistent with this act as the commissioner may prescribe in consultation with the department of conservation and recreation. The parcel of land contains .95 acres, more or less, and is described as Parcel 3-RL-1 in an instrument of taking recorded with the Essex south registry of deeds in book 6069, page 590, as shown on a plan of land entitled “Plan of Road in the Town of Rowley, Essex County, Laid out as highway by the Department of Public Works”, recorded with Essex south registry of deeds in plan book 130, plan 20. Consideration for this conveyance shall be $85,000 paid as described in section 2. The delivery, as evidenced by its recording, of the deed of Parcel 3-RL-1 shall be conclusive evidence that all the requirements of this act, including section 2, have been complied with.

SECTION 2. (a) In consideration for the transfer of the parcel as described in section 1, Sheriff Abuzahra shall:

(1) grant to the department of conservation and recreation, for access to the Georgetown-Rowley state forest, a contiguous 24-foot-wide easement for passage by foot and motor vehicle within and along the southeasterly boundary of land of Sheriff Abuzahra described in a deed of Robert P. Rudolph, trustee, to Sheriff Abuzahra, trustee of Spring-R Realty Trust, dated December 23, 1996, and recorded with said deeds in book 13908 at page 442 and also an easement for 5 parking spaces in the most southerly 125 feet of said easement for passage;
(2) acquire parcel 3-RL-1, as described in section 1, subject to a restriction reserving to the commonwealth a 10-foot, no build buffer along the southerly boundary between the Georgetown-Rowley state forest and the Sheriff Abuzahra land;
(3) pay to the Conservation Trust, pursuant to section 1 of chapter 132A of the General Laws, the sum of $85,000 as consideration for Parcel 3-RL-1, provided that such funds may be used to purchase the Warwick and Pierce parcel from the town of Rowley as described herein; and
(4) subject all of Sheriff Abuzahra’s land abutting the Georgetown-Rowley state forest to a restriction in favor of the commonwealth of a 10-foot, no build buffer along the boundary between Georgetown-Rowley state forest and the Sheriff Abuzahra land.

(b) In consideration, the department of conservation and recreation shall:

(1) convey to Sheriff Abuzahra the parcel of land described as Parcel 3-RL-1, subject to the 10-foot, no build buffer along the state forest boundary; and
(2) accept payment of $85,000 as consideration for the sale of Parcel 3-RL-1 from Sheriff Abuzahra for deposit into the Conservation Trust to be used for the purchase of conservation property, including the tax title deed for the town of Rowley in book 7421, page 149 containing 21 acres, more or less, and the Warwick lot as described in a tax title deed for the town of Rowley in book 6948, page 470 containing 5 acres, more or less, from the town of Rowley for consideration of $66,200.

SECTION 3. The grantee of Parcel 3-RL-1 shall assume the cost of any appraisals, surveys and other expenses considered necessary by the commissioner of the division of capital planning and operations for the granting of title.

Approved August 9, 2006.


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