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  • Acts
  • 2009
  • Chapter 162 AN ACT PROVIDING FOR THE TRANSFER OF CERTAIN STATE REAL PROPERTY TO THE TOWN OF HOPKINTON.

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 sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may, in consultation with the department of conservation and recreation, convey in fee simple, for nominal consideration, a certain parcel of land, any permanent easements and any improvements and structures located thereon formerly known as the 1918 Whitehall Reservoir Dam and Gatehouse located on, adjacent and under Highland street in the town of Hopkinton, accepted by the town of Hopkinton as a public highway on March 7, 1925, and the historic Gatehouse, its spillway and the former earthen dam under Highland street, to the town for the purpose of operating and maintaining a public way. Before any conveyance, the town of Hopkinton shall enter into a historical covenant agreement with the Massachusetts historical commission which shall be filed with the Middlesex south registry of deeds and run with the land in perpetuity. Use and maintenance of the parcel, excluding the Highland Street infrastructures, shall be subject to the restrictions and provisions of the historical covenant. The exact boundaries of the parcel and any permanent easements shall be determined by the commissioner of capital asset management and maintenance in consultation with the commissioner of conservation and recreation after completion of a survey. This parcel shall be conveyed by deed without warranties or representations by the commonwealth.

SECTION 2. Notwithstanding any general or special law to the contrary, the town of Hopkinton shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals and deed preparation related to the conveyance authorized under this act as such costs may be determined by the commissioner of capital asset management and maintenance.

Approved November 23, 2009.