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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE MASSACHUSETTS DEPARTMENT OF TRANSPORTATION TO ACQUIRE CERTAIN PARCELS OF LAND IN THE CITY KNOWN AS THE TOWN OF WEYMOUTH.

     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 Massachusetts Department of Transportation may acquire by eminent domain, purchase or otherwise 9 parcels of land from the city known as the town of Weymouth and may divert the parcels from their present use for conservation purposes to use for highway purposes.
     The parcels are shown on a plan entitled “Main Street (Route 18)(Public) Takings at 606 Main Street, Weymouth”, dated March 6, 2015 and to be filed with the chief engineer of the highway division of the Massachusetts Department of Transportation, and are described as follows:
     (i) Parcel 18-207, a parcel of land owned by the town of Weymouth, adjoining the location line of the August 18, 1904 state highway layout, number 897, of Main street and bounded by the line beginning at a point on the 1904 location line and the property line dividing land of the town of Weymouth and land of Douglas T. Lyman and Susan J. Sikes, and extending thence, following said property line easterly about 3 feet; thence leaving said property line and crossing land of the town of Weymouth southerly about 78 feet to a point on the property line dividing land of the town of Weymouth and land of Willard A. Gannon and Virginia A. Gannon; thence following said property line westerly about 2 feet to a point again on the 1904 location line; thence following said 1904 location line northerly about 78 feet to the point of beginning; containing about 191 square feet.
      (ii) Parcel 18-164, a parcel of land owned by the town of Weymouth, adjoining the location line of the July 31, 1907 state highway layout, number 1138, of Main street and bounded by the line beginning at a point on the 1907 location line and the property line dividing land of the town of Weymouth and land of Pichai Gopal and Savitha Devi, and extending thence, leaving said location line and following said property line westerly about 15 feet; thence leaving said property line and crossing land of the town of Weymouth by a curve to the left of radius 54,045.00 feet about 224 feet to a point on the property line dividing land of the town of Weymouth and land of Ryder Properties LLC; thence following said property line easterly about 15 feet to a point again on the 1907 location line; thence following said 1907 location line northerly about 224 feet to the point of beginning; containing about 3,379 square feet.
     (iii) Parcel 18-GR-PUE-W-19, a parcel of land owned by town of Weymouth, adjoining Parcel 18-164 and Parcel 18-GR-W-7, as described in this act, and bounded by the line beginning at a point on Parcel 18-164 and the property line dividing land of the town of Weymouth and land of Pichai Gopal and Savitha Devi, and extending thence, following said property line westerly about 10 feet; thence leaving said property line and crossing land of the town of Weymouth southerly by a curve to the left of radius 54,054.50 feet about 3 feet; thence N 89°33’41” E 9.50 feet to a point on again on Parcel 18-164; thence following said Parcel 18-164 northerly by a curve to the right of radius 54,045.00 feet about 2 feet to the point of beginning; containing about 23 square feet.
     (iv) Parcel 18-GR-W-7, a parcel of land owned by the town of Weymouth, adjoining Parcel 18-164 and Parcel 18-GR-PUE-W-19, as described in this act, and bounded by the line beginning at a point on Parcel 18-164 and Parcel 18-GR-PUE-W-19, and extending thence, following said Parcel 18-GR-PUE-W-19 S 89°33’41” W 9.50 feet; thence leaving said Parcel 18-GR-PUE-W-19 and crossing land of the town of Weymouth southerly by a curve to the left of 54,054.50 feet radius 201.48 feet; thence S 88°45’43” E 9.51 feet to a point on again on Parcel 18-164; thence following said Parcel 18-164 northerly by a curve to the right of 54,045.00 feet radius 201.76 feet to the point of beginning; containing about 1,915 square feet.
     (v) Parcel 18-TE-180, a parcel of land owned by the town of Weymouth adjoining Parcel 18-GR-W-7 and Parcel 18-GR-PUE-W-19, as described in this act, and bounded by the line beginning at a point on Parcel 18-GR-PUE-W-19 and the property line dividing land of the town of Weymouth and land of Pichai Gopal and Savitha Devi, and extending thence, following said property line westerly about 6 feet; thence leaving said property line and crossing land of the town of Weymouth by 3 courses, southerly by a curve to the left about 193 feet, southwesterly about 21 feet, and southerly about 16 feet, respectively, to a point on the property line dividing land of the town of Weymouth and land of Ryder Properties LLC; thence following said property line easterly about 6 feet; thence leaving said property line and crossing land of town of Weymouth by 3 courses, northerly about 20 feet, easterly about 16 feet, and northerly by a curve to the right of radius 54,054.50 feet about 204 feet, respectively, to the point of beginning; containing about 1,392 square feet.
     (vi) Parcel 18-PUE-119, a parcel of land supposed to be owned by the town of Weymouth, adjoining Parcel 18-207, as described in this act, and bounded by the line beginning at a point on Parcel 18-207 and the property line dividing land of the town of Weymouth and land of Douglas T. Lyman and Susan J. Sikes, and extending thence, following said property line easterly about 6 feet; thence leaving said property line and crossing land of the town of Weymouth S 2°30’45” E about 2 feet; thence S 67°30’45” E 8.88 feet; thence S 22°29’15” W 6.00 feet; thence N 67°30’45” W 12.70 feet to a point on Parcel 18-207; thence following said Parcel 18-207 northerly about 6 feet to the point of beginning; containing about 88 square feet.
     (vii) Parcel 18-TE-241, a parcel of land owned by the town of Weymouth, adjoining Parcel 18-207 and Parcel 18-PUE-119, as described in this act, and bounded by the line beginning at a point on Parcel 18-PUE-119 and the property line dividing land of Parcel 18-207, adjoining the location line of the August 18, 1904 state highway layout, number 897, of Main street and land of Douglas T. Lyman and Susan J. Sikes, and extending thence, following said property line easterly about 128 feet; thence leaving said property line and crossing land of the town of Weymouth by 3 courses, southeasterly about 23 feet, southerly about 22 feet, and southwesterly about 60 feet, respectively, to a point on the property line dividing land of the town of Weymouth and land of Willard A. Gannon and Virginia A. Gannon; thence following said property line westerly about 121 feet to a point on Parcel 18-207; thence following said Parcel 18-207 northerly about 72 feet to a point on Parcel 18-PUE-119; thence following said Parcel 18-PUE-119 by 4 courses, southeasterly about 13 feet, northeasterly about 6 feet, northwesterly about 9 feet, and northerly about 2 feet, respectively, to the point of beginning; containing about 12,076 square feet.
     (viii) Parcel 18-199, a parcel of land supposed to be owned by the town of Weymouth, adjoining the location line of the August 18, 1904 state highway layout, layout number 897, of Main street, route 18, and bounded by the line beginning at a point on the 1904 location line and the property line dividing land of the town of Weymouth and land of Francis L. Yalowchuk and Judith G. Yalowchuk, and extending thence, leaving said location line and following said property line easterly about 1 foot; thence leaving said property line and crossing land of the town of Weymouth about 25 feet to a point on the property line dividing land of the town of Weymouth and land of Dorothy M. Corridan; thence following said property line westerly about 1 foot to a point again on the 1904 location line; thence following said 1904 location line about 25 feet to the point of beginning; containing about 17 square feet.
     (ix) Parcel 18-TE-254, a parcel of land supposed to be owned by the town of Weymouth, adjoining Parcel 18-199, as described in this act, and bounded by the line beginning at a point on Parcel 18-199 and the property line dividing land of the town of Weymouth and land of Francis L. Yalowchuk and Judith G. Yalowchuk, and extending thence, following said property line easterly about 17 feet; thence leaving said property line and crossing land of the town of Weymouth by 3 courses, southerly about 14 feet, easterly about 6 feet, and southerly about 13 feet, respectively, to a point on the property line dividing land of the town of Weymouth and land of Dorothy M. Corridan; thence following said property line westerly about 23 feet to a point on again on Parcel 18-199; thence following said Parcel 18-199 northerly about 25 feet to the point of beginning; containing about 500 square feet.
     SECTION 2.  As a condition of the conveyance authorized in section 1, the Massachusetts Department of Transportation shall transfer a parcel of land under the care, custody, management and control of the department and dedicated for general departmental purposes to the city known as the town of Weymouth and such parcel shall be dedicated for conservation purposes. If no suitable parcel can be transferred to the town, the department shall compensate the town through the payment of funds that shall be equal to or greater than the full and fair market value or value in use, whichever is greater, of the conveyance as determined by independent appraisal prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser with which the town shall acquire a parcel of land or a conservation restriction upon private land as defined in section 31 of chapter 184 of the General Laws. The land shall be dedicated or restricted to conservation purposes under the jurisdiction of the town. The parcel dedicated pursuant to this section, shall be of equal or greater size and value for conservation purposes when compared to the parcel described in said section 1.

Approved, August 10, 2016