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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF FITCHBURG TO CONVEY A CERTAIN PARCEL OF LAND IN THE CITY OF FITCHBURG FOR WATERSHED PROTECTION 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 Fitchburg, by its mayor, may, notwithstanding chapter 30B of the General Laws or any other general or special law to the contrary, convey by deed a certain parcel of real property located in the city of Fitchburg, including improvements thereon, if any. The property is described as a 7.5 acre parcel of land off Ashby West road in the city of Fitchburg, being a portion of the land conveyed to the city of Fitchburg by a deed dated February 14, 1919, recorded in the Worcester Northern district registry of deeds at book 349, page 337, and shown as lots 6, 7 and 8 on a plan of land entitled, "Preliminary Land Exchange and Lot Development Plan in Fitchburg, Mass.", prepared for Dawn M. Tully and the city of Fitchburg, dated September, 2006, which is to be recorded upon the passage of this act. The parcel adjoins other land of Dawn M. Tully of Wells, Maine. The exact boundaries of the parcel shall be determined by the mayor based on a final survey. The parcel shall be conveyed by release deed in its existing condition without any warranty or representation by the city of Fitchburg.

SECTION 2. The consideration for the conveyance authorized by this act shall be the conveyance of approximately 15 acres of land owned by Dawn M. Tully to the city of Fitchburg, which shall be held for water supply . The parcel is shown on the above-referenced plan as lot 9, consists of 15 acres, more or less, and is a portion of the land conveyed to Dawn M. Tully by deed dated August 1, 2001, and recorded in the Worcester Northern registry of deeds at book 3892, page 58.

SECTION 3.
The city of Fitchburg, notwithstanding chapter 30B of the General Laws or any other general or special law to the contrary, may accept a quitclaim deed from Dawn M. Tully for the above-referenced parcel consisting of 15 acres, more or less, in consideration of the city of Fitchburg’s conveyance to Dawn M. Tully, by release deed, of the above-referenced 7.5 acre parcel. The parcel consisting of 15 acres, more or less, is more valuable to the city of Fitchburg for water supply protection purposes than the 7.5 acre parcel.

SECTION 4.
The purchaser, Dawn M. Tully, shall be responsible for all costs associated with the conveyance authorized by this act, including, but not limited to, any appraisal, survey, recording and legal costs and any and all other expenses incurred by the city of Fitchburg with the conveyance and any and all costs or liabilities arising from or connected with ownership of the parcel.

SECTION 5.
This act shall take effect upon its passage.

Approved November 27, 2007.