Print Print
  • Acts
  • 2012
  • Chapter 175 AN ACT AUTHORIZING THE TOWN OF READING TO GRANT A UTILITY EASEMENT OVER CERTAIN PARCELS OF 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. For the purpose of upgrading the town’s water distribution system, the town of Reading, acting by and through its board of selectmen, with the approval of the conservation commission, may grant a utility easement for the construction, maintenance, repair and operation of utilities over, across and upon certain land known as Timberneck Swamp which is held for conservation and open space purposes in the town of Reading. The proposed utility easement shall support the pre-existing sewer main and the proposed new 8 inch water main, running parallel, and shall connect Ivy lane to Belmont street in order to improve the current deficient fire flows, water quality and pressure loss in that area.
The easement, extending 711.85 feet by 30 feet in width, and containing 20,977.06 square feet across the 2 parcels of land held for conservation purposes, is shown on a plan entitled “Town of Reading Massachusetts Department of Public Works Utility Easement Belmont Street to Ivy Lane”, prepared by the department of public works engineering division and dated May 29, 2012. The 2 adjoining conservation parcels shown on such plan are shown on the assessors maps as lot 5 on map 29 and lot 194 on map 28. The first parcel, containing 7.0197 acres, is described in an order of taking by the town of Reading for conservation purposes dated March 14, 1972 and recorded in the Middlesex southern district registry of deeds in book 12170, page 436. The second parcel, purchased by the town for conservation purposes and containing 30.4811 acres, is described in a deed dated September 2, 1975 and recorded in said Middlesex southern district registry of deeds in book 12854, page 269. The parcels are also shown as Lot B and Lot 1 on a plan entitled “Plan of Land in Reading, Mass. Timberneck Swamp and Environs” dated May, 1973, prepared by H. Kingman Abbott, Registered Surveyor, and recorded in said southern district registry of deeds as plan 983 of 1974.

SECTION 2. As a condition for the conveyance authorized in section 1, the town of Reading shall transfer a parcel of land under the care, custody, management and control of the board of selectmen and dedicated for general municipal purposes to the conservation commission and such parcel shall be dedicated for conservation purposes. If no suitable parcel shall be available for transfer to the conservation commission, the town shall acquire a parcel of land or place a conservation restriction upon private or public land as provided in section 31 of chapter 184 of the General Laws. Any such land acquired or restricted shall be under the jurisdiction of the conservation commission and shall be dedicated or restricted for conservation purposes. The parcel dedicated, acquired or restricted pursuant to this section shall be of equal or greater size and value for conservation, park or water supply purposes than the parcel described in said section 1.

SECTION 3. If the land conveyed pursuant to section 1 ceases to be used for the purposes described in said section 1, the land shall revert to the town of Reading for conservation, park or water supply purposes.

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

Approved, July 30, 2012.