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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF HOLYOKE TO CONVEY A CERTAIN PARCEL OF LAND TO THE HOLYOKE COMMUNITY COLLEGE FOUNDATION.

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 Holyoke, acting by and through its mayor and city council and water department may convey a certain parcel of land, containing approximately 13.05 acres, located off Westfield road, to the Holyoke Community College Foundation for the purpose of enabling the construction of an access road to the Holyoke Community College campus from said Westfield road, also known as United States highway route 202. The parcel is surplus land owned by Holyoke water works and is designated for water supply purposes, but is outside a reservoir watershed area. The parcel is shown on “Plan of Land Transfers between the Holyoke Water Works and the Holyoke Community College Foundation, Holyoke Massachusetts” dated September 21, 2001 and prepared by Tighe & Bond, Inc., of Westfield, Massachusetts and recorded in the Hampden county registry of deeds in plan book 326, page 112. The deed to the city of Holyoke water works is recorded in said registry of deeds in book 566, pages 458, 587 and 588.

SECTION 2. In consideration for and as a condition of the conveyance authorized in section 1, the Holyoke Community College Foundation shall transfer a parcel of land containing 10.09 acres to the Holyoke water works to be designated as watershed property. This parcel is shown as “Taking Area 10.09 acres on the Plan of Land Transfers Between The Holyoke Water Works and the Holyoke Community College Foundation, Holyoke, Massachusetts” as referenced in said section 1. The parcel is a portion of the premises conveyed by deed to the Holyoke Community College Foundation and recorded at the Hampden county registry of deeds in book 9560, page 88.

SECTION 3. The city of Holyoke, acting by and through its mayor and city council and water department, may change the use of and designate for municipal purposes a second parcel of land containing approximately 1.3 acres adjacent to the property described in section 1 for the purpose of constructing the access road to the community college campus from Westfield road, also known as United States highway route 202. The property is presently held by the water department but is not serving a water department purpose. The parcel and proposed access road are depicted as Roadway A on a plan entitled “Preliminary Plan of Proposed Roadway in Holyoke Massachusetts Prepared for Holyoke Community College” dated October 21, 2011 and prepared by Heritage Surveys, Inc. of Southampton, Massachusetts.

SECTION 4. In consideration for and as a condition of the change of use authorized in section 3, the Holyoke Community College Foundation shall grant a conservation restriction to the conservation commission of the city of Holyoke on 2 parcels of land containing approximately 25.81 acres, shown as “Proposed Conservation Restriction Parcel 1, 19.10 Acres” and “Proposed Conservation Restriction Parcel 2, 6.71 Acres” on the plan referred to in section 3 by Heritage Surveys, Inc.

SECTION 5. If the land subject to the change of use pursuant to section 3 ceases to be used for the purposes described in said section 3, it shall revert to the city of Holyoke for use by Holyoke water works and shall be dedicated to water supply purposes.

SECTION 6. This act shall take effect as of October 7, 2002.

Approved, June 1, 2012.