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Session Law

2009

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Chapter 20 AN ACT AUTHORIZING THE DEPARTMENT OF FISH AND GAME TO ACQUIRE CONSERVATION RESTRICTIONS IN AND TO LANDS OWNED BY THE CITY OF FITCHBURG.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the commonwealth to acquire conservation restrictions in and to lands owned by the city of Fitchburg, 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 division of capital asset management and maintenance, acting for and on behalf of the commonwealth and in consultation with the department of fish and game, may take, under chapter 79 of the General Laws, or otherwise acquire, and the city of Fitchburg may convey, easements or lesser interests through a conservation restriction under sections 31, 32 and 33 of chapter 184 of the General Laws for the preservation and protection of wildlife and habitat and passive recreation and consistent purposes, in all or portions of certain parcels of land identified in section 2. The parcels were acquired by the city for water supply purposes. The conservation restriction authorized by this act shall allow for the city to retain the right to use the premises as a potential water supply for the city. The conservation restriction, if taken and not otherwise acquired, shall be subject to any easements or lesser interests in land held by any person or governmental agency, except for said city, that lawfully exist and are recorded in the appropriate registry of deeds, unless the division of capital asset management and maintenance expressly takes the easement or lesser interest through eminent domain under said chapter 79.

SECTION 2. The parcels are identified as follows:

All of the lands, including lands under water described as follows:

Land in the City of Fitchburg, Worcester County, Massachusetts, located along Rindge Road, Scott Road, Ashby West Road, and Billings Road, and in the Town of Ashby, Middlesex County, Massachusetts, located along Rindge Road, Mayo Road, Scott Road, Piper Road, Richardson Road, and Crocker Road, being part of the City of Fitchburg’s northern drinking water supply watersheds, including the land and water owned by the City of Fitchburg in the Scott’s Reservoir, Lovell Reservoir, Falulah Reservoir, Shattuck Reservoir, and Ashby Reservoir (a/k/a Fitchburg Reservoir) watersheds, and specifically excluding the land and water owned by the City of Fitchburg in the Overlook Reservoir, Marshall Reservoir, and Willard Brook Reservoir (a/k/a Ashby Compensating Reservoir and a/k/a Ashby Reservoir).

Being the same land shown on Fitchburg Assessor’s Map 59R Lots 1, 2, 3, 4, 5, and 6, Map 60R Lots 8, 8A, 9, 10, 11, 12, 13, 14, 18, 21, 22, 23, 24, 25, 26, and 28, Map 69R Lots 18, 19, 20, 26, 32, 33, 34, 35, and 44, Map 78R Lots 41, 42, 45, 55, 56, 61, 62, 63, 64, 65, and 66, Map S10 Lot 18, and Map S4 Lot 8A.

Also being the same land shown on Ashby Assessor’s Map 13 Lots 1.0, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 23.1, and 23.2, Map 14 Lots 48, 49, 50, and 52.

The land being described in various deeds to the City of Fitchburg and takings by the City of Fitchburg recorded at the Middlesex South District Registry of Deeds (“MSRD”), Worcester North District Registry of Deeds (“WNRD”), and Worcester District Registry of Deeds (“WDRD”), more particularly described as follows:

Land in Ashby:

Ashby Reservoir takings, MSRD Bk. 3931 Pg. 521, MSRD Bk. 3995 Pg. 281, and MSRD Pg. 4108 Pg. 9, being shown on Plan Sheets A and B, MSRD Pl. Bk. 227 Pl. 22, and Plan Sheets A through D, MSRD Pl. Bk. 234 Pl. 48.
Ashby Reservoir Co. et al, MSRD Bk. 4120 Pg. 598, dated 3/12/1917
Lulu V. Hapgood, MSRD Bk. 3969 Pg. 582, dated May 20, 1915
Henry B. Houghton, MSRD Bk. 4053 Pg. 144, dated 5/19/1916, being shown on a plan as “11” and “12”, MSRD Pl. Bk. 234 Pl. 49, dated 8/31/1915
Harry G. Wright, MSRD Bk. 4018 Pg. 113, dated 12/8/1916
John W. Johnson, MSRD Bk. 4057 Pg. 437, dated 6/8/1916
Warren S. Bowker, MSRD Bk. 3982 Pg. 325, dated 7/8/1915
Albert M. Wilder, MSRD Bk. 3969 Pg. 583, dated 5/20/1915
Mary Louise Billings et al, MSRD Bk. 4018 Pg. 112, dated 12/8/1915
Mary Louise Billings et al, MSRD Bk. 3982 Pg. 322, dated 7/8/1915
Mary Louise Billings, MSRD Bk. 4133 Pg. 364, dated 5/1/1917
Fernando A. Farnsworth, MSRD Bk. 4103 Pg. 597, dated 12/12/1916
Charles W. Russell, MSRD Bk. 4698 Pg. 275, dated 1/30/1924
Charles J. Foster, MSRD Bk. 3969 Pg. 581, dated 5/20/1915
Etta G. Brooks, MSRD Bk. 5256 Pg. 483, dated 7/20/1928
Etta G. Brooks as guardian, MSRD Bk. 5256 Pg. 484, dated 7/20/1928
Joseph L. LeBlanc, MSRD Bk. 5629 Pg. 190, dated 2/27/1932
Lora Page et al, MSRD Bk. 4023 Pg. 375, dated 1/6/1916
Minnie S. Page, MSRD Bk. 3982 Pg. 324, dated 7/8/1915
Andrew Salminen, MSRD Bk. 4249 Pg. 84, dated 4/7/1919
Julia A. Goodnow, MSRD Bk. 3982 Pg. 326, dated 7/8/1915
John Piper, MSRD Bk. 3931 Pg. 521, dated 11/27/1914
Anna E. Godding, MSRD Bk. 4053 Pg. 142, dated 5/19/1916
Levi W. Mayo, MSRD Bk. 4053 Pg. 142, dated 5/19/1916, excepting that portion conveyed by the City of Fitchburg to Levi W. Mayo, MSRD Bk. 4058 Pg. 18, dated 6/7/1916, both parcels being shown on a plan as “14” and “15”, MSRD Pl. Bk. 234 Pl. 50, dated 8/31/1915
Curtis W. Huckins, MSRD Bk. 4103 Pg. 596, dated 12/12/1916
Flora L. Chapin, MSRD Bk. 4103 Pg. 597, dated 11/21/1916
Lydia D. Huckins, MSRD Bk. 3931 Pg. 521, dated 11/27/1914, excepting that portion conveyed by the City of Fitchburg to Esther Miner, MSRD Bk. 4267 Pg. 140, dated 6/20/1919
Fred Harper, MSRD Bk. 3982 Pg. 323, dated 7/8/1915
N. Curtis Rublee et al, MSRD Bk. 4053 Pg. 146, dated 5/19/1916
Albert J. and Frederick W. Hirsch, MSRD Bk. 5256 Pg. 482, dated 7/20/1928
Fred Taylor, MSRD Bk. 10014 Pg. 175, dated 4/10/1962
Ruth A. Muller, MSRD Bk. 16036 Pg. 11, dated 11/27/1984
M. Irene Salminen, MSRD Bk. 12126 Pg. 623, dated 12/15/1971
M. Irene Salminen, MSRD Bk. 12360 Pg. 233, dated 12/20/1972
Marion A. Gove (f/k/a Derby), MSRD Bk. 10802 Pg. 192, dated 4/26/1965
Julia F. Gillis, MSRD Bk. 5780 Pg. 279, dated 1/12/1934, excepting that portion conveyed by the City of Fitchburg to the Commonwealth of Massachusetts, MSRD Bk. 11108 Pg. 116, dated 3/7/1966

Land partly in Fitchburg and partly in Ashby:
Joel T. Whitney et al, MSRD Bk. 4805 Pg. 114 and WNRD Bk. 410 Pg. 280, dated 9/12/1924
Laura D. Ranney, MSRD Bk. 5629 Pg. 188 and WNRD Bk. 494 Pg. 386, dated 1/22/1932
Raymond G. Morin et ux, MSRD Bk. 15655 Pg. 28 and WNRD Bk. 1349 Pg. 325, dated 3/5/1984
Andrew Riutta et ux, MSRD Bk. 4289 Pg. 492 and WNRD Bk. 350 Pg. 599, dated 6/4/1919
John Shea et al, WNRD Bk. 317 Pg. 421, dated 8/27/1915
William F. Scott, MSRD Bk. 4169 Pg. 567 and WNRD Bk. 339 Pg. 548, dated 10/11/1917
Nancy Raymond by will, Worcester County Probate #48964, being the same two tracts as conveyed by Polly Raymond to Nancy Raymond, WDRD Bk. 976 Pg. 71, dated 8/10/1866

Land in Fitchburg:
Werner W. Johnson, WNRD Bk. 858 Pg. 85, dated 4/15/1960
Frederick W. Hirsch et al, WNRD Bk. 784 Pg. 220, dated 2/15/1956
George Gray, WNRD Bk. 381 Pg. 553, dated 3/7/1922
Silvio J. Vaillancourt, WNRD Bk. 495 Pg. 25, dated 3/11/1932
William F. Scott, WNRD Bk. 494 Pg. 428, dated 1/30/1932
John O. Johnson, WNRD Bk. 494 Pg. 325, dated 1/11/1932
Commonwealth of Massachusetts, WNRD Bk. 988 Pg. 564, dated 3/28/1966
Charles H. Gates, WNRD Bk. 389 Pg. 106, dated 8/11/1922
Henry C. Wehner, WNRD Bk. 392 Pg. 68, dated 11/24/1922
Garabed Arslanian et al, WNRD Bk. 349 Pg. 337, dated 2/14/1919
Albert J. Hirsch et al, WNRD Bk. 338 Pg. 173, dated 4/20/1917
Mary Louise Sperling, trustee of Ashby Trust, WNRD Bk. 2464 Pg. 113, dated 8/2/1993
Arline Russo, WNRD Bk. 2464 Pg. 191, dated 8/12/1993
Sarah E. Haskins, WNRD Bk. 392 Pg. 297, dated 1/13/1923
Sarah E. Haskins et al, WNRD Bk. 392 Pg. 298, dated 1/13/1923
Sarah E. Haskins, WNRD Bk. 455 Pg. 540, dated 2/25/1928
Charles H. Gates, WNRD Bk. 397 Pg. 228, dated 7/13/1923
J. Calvin Spaulding, WNRD Bk. 379 Pg. 419, dated 11/30/1921
Ernest H. Whitney, WNRD Bk. 675 Pg. 112, dated 8/30/1950
Thomas Chrost et ux, WNRD L.C. Cert. # 1256 Doc. #4904-1, dated 3/26/1986
Ernest M. DiGeronimo, WNRD Bk. 1131 Pg. 183, dated 6/24/1974, excepting that portion shown on a plan as “6.06 Acres”, WNRD Plan Bk. 438 Pl. 25, which is subject to an Agricultural Preservation Restriction, WNRD Bk. 5043 Pg. 335
Alva Crocker et al, WDRD Bk. 854 Pg. 65, dated 4/14/1871
Abby E. Lane et al, WDRD Bk. 854 Pg. 82, dated 6/22/1871
Mary E. Lane et al, WDRD Bk. 854 Pg. 84, dated 6/22/1871
Francis Caouette, WNRD Bk. 304 Pg. 449, dated 12/3/1914
Burbank Hospital, WNRD Bk. 339 Pg. 88, dated 6/12/1917
Francis Caouette, WNRD Bk. 462 Pg. 469, dated 1/2/1929
Moses Lafaille, WNRD Bk. 26 Pg. 311, dated 7/18/1888
James A. Goodfellow, WNRD Bk. 26 Pg. 322, dated 7/20/1888
George J. Allen, WDRD Bk. 971 Pg. 356, dated 11/30/1875
Eleazar Davis, WDRD Bk. 971 Pg. 358, dated 11/30/1875
Charles W. Hill, WDRD Bk. 971 Pg. 359, dated 11/30/1875
Aaron Wilkins, WDRD Bk. 999 Pg. 367, dated 11/30/1875
Daniel Works Estate, WDRD Bk. 988 Pg. 144, dated 11/30/1875
Matti Anttila, WNRD Bk. 446 Pg. 655, dated 7/13/1927
Roy Dilling, Jr. et ux, WNRD Bk. 1434 Pg. 47, dated 12/9/1985, being shown on a plan as “Parcel A”, WNRD Plan Bk. 285 Pl. 25
The parcels described herein are shown on sheets F-2 through F-10 of a booklet of plans on file with the City of Fitchburg’s Engineering Department entitled “Land Plans: Falulah Watershed System of the Fitchburg Water Dept.”, dated Feb. 1943.

Approved June 10 , 2009


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