The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
WHEREAS, the deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of certain land in the city of Fitchburg for water supply protection purposes, therefore, it is hereby declared to be an emergency law necessary for the immediate preservation of the public convenience.
SECTION 1. The city of Fitchburg by its mayor, may, notwithstanding Chapter 30B of the General Laws and any other general or special law to the contrary, convey by deed a certain parcel of real property located in the city of Fitchburg, including improvements thereon, if any. The property is further described as a 7.5 acre parcel of land off Ashby West Road, Fitchburg, being a portion of the land conveyed to the city of Fitchburg by a deed dated February 14th, 1919, recorded in the Worcester Northern District Registry of Deeds at Book 349, Page 337, and shown as Lots 6,7, and 8 on a plan of land entitled "Preliminary Land Exchange and Lot Development Plan in Fitchburg, Mass." prepared for Dawn M. Tully and the city of Fitchburg, dated September, 2006 to be recorded upon passage of this act. Said parcel consists of approximately 7.5 acres and adjoins other land of Dawn M. Tully of Wells, Maine. The exact boundaries of the parcel shall be determined by the mayor based on a final survey. The parcel shall be conveyed by release deed in its existing condition without warranties or representation by the city.
SECTION 2. The consideration for the conveyance authorized by this act shall be the conveyance of approximately 15 acres of land owned by Dawn M. Tully to the city of Fitchburg, to be held for water supply purposes under Article 97. The premises are shown on the above-referenced plan as Lot 9, containing 15 acres more or less, and are a portion of the premises conveyed to Dawn M. Tully by deed dated August 1, 2001 and recorded in said Registry at Book 3892, Page 58.
SECTION 3. The city of Fitchburg, notwithstanding Chapter 30B of the General Laws and any other general or special law to the contrary, is hereby authorized to accept a quitclaim deed from Dawn M. Tully for the above-referenced 15 acre parcel, more or less, in consideration of the city's conveyance to Dawn M. Tully, by release deed, of the above-referenced 7.5 acre parcel. The 15 acre parcel, more or less, is being acquired by the city of Fitchburg and is more valuable to the city for water supply protection purposes than the 7.5 acre parcel being conveyed.
SECTION 4. The purchaser, Dawn M. Tully, shall be responsible for all costs associated with the conveyance authorized by this act, including but not limited to, any appraisal, survey, recording and legal costs and any and all other expenses incurred by the city of Fitchburg with the conveyance and any and all costs or liabilities arising from or connected with ownership of the parcel.