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Session Law

2006

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Chapter 248 AN ACT AUTHORIZING THE TOWN OF IPSWICH TO CHANGE THE USE, THE CARE, CUSTODY AND CONTROL OF A PORTION OF TOWN-OWNED 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. Notwithstanding any general or special law to the contrary, the town of Ipswich may transfer the care, custody and control of a portion of a certain parcel of land, described in section 2, from the Ipswich conservation commission to the Ipswich board of selectmen for the purpose of granting a nonexclusive, perpetual driveway and utility easement solely for the benefit of the property located at 92 Pineswamp Road, recorded at Essex South registry of deeds, book 12749, page 597, and the property located at 94 Pineswamp Road, recorded at Essex South registry of deeds, book 16310, page 564, and to authorize the board of selectmen, with the approval of the conservation commission, to grant the easement upon such terms and conditions as it shall determine appropriate. These easements are to preserve pre-existing access to 2 private abutting addresses which existed on the property prior to the property being placed under the control of the conservation commission.

SECTION 2. The land authorized for transfer to the board of selectmen in section 1 is as follows:
So much of town land, described in Final Judgment recorded with the Essex South District Registry of Deeds Book 16769, Page 1, lying within the tract described below as beginning at the northwesterly corner on the southerly sideline of Pineswamp Road continuing easterly 55 feet along Pineswamp Road then turning S 06 degrees 08’ 26” E for a distance of 405 feet, thence 55 feet westerly; then turning North 06 degrees 08’ 26” W for a distance of 405 feet to the point beginning, as is currently occupied by an existing driveway providing access to the properties described above including a width of land not more 10 feet to either side of the centerline of the existing driveway except as may be necessary to accommodate existing utility poles, and extending not more than 350 feet southerly from the southerly sideline of Pineswamp Road.

SECTION 3. If the land authorized for transfer in section 1 ceases to be used for purposes as described in section 1, the land shall revert to the care, custody, management and control of the Ipswich conservation commission.

SECTION 4. This act shall take effect upon its passage.

Approved August 9, 2006.


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