HOUSE . . . . . . . No. 4974
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, August 1, 2024.
The committee on Ways and Means, to whom was referred the Senate
Bill authorizing the commissioner of capital asset management and
maintenance to convey certain parcels of land to the city of Westfield
(Senate, No. 2893), reports recommending that the same ought to pass
with an amendment striking all after the enacting clause and inserting in
place thereof the text contained in House document numbered 4974.
For the committee,
AARON MICHLEWITZ. 1 of 2
HOUSE . . . . . . . . . . . . . . . No. 4974
Text of an amendment, recommended by the committee on Ways and Means, to the Senate Bill
authorizing the commissioner of capital asset management and maintenance to convey certain
parcels of land to the city of Westfield (Senate, No. 2893). August 1, 2024.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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By striking out all after the enacting clause and inserting in place thereof the following:–
1 SECTION 1. (a) Notwithstanding sections 34 to 37 of chapter 7C of the General Laws or
2any general or special law to the contrary, the commissioner of capital asset management and
3maintenance, in consultation with the commissioner of conservation and recreation, may convey
4to the city of Westfield for no monetary consideration the parcels of land described in subsection
5(b) which are currently under the care and control of the department of conservation and
6recreation, subject to the requirements of this act and to such additional terms and conditions as
7the commissioner of capital asset management and maintenance, in consultation with the
8commissioner of conservation and recreation, may prescribe. Prior to finalizing the transaction or
9making the conveyance authorized in this act, the division of capital asset management and
10maintenance may complete a survey of the parcels.
11 (b) The parcels of land referenced in subsection (a) contain approximately 13.23 acres
12and consist of: (1) parcels 1 to 28, inclusive, as shown on a plan entitled, “Plan of Land in the
13City of Westfield, Taken in Behalf of the Commonwealth of Massachusetts, Acting by the
14Department of Public Works, Under Chapter 790 of the Acts of 1949 and Chapter 513 of the 2 of 2
15Acts of 1939”, approved May 25, 1950, and recorded in the Hampden district registry of deeds in
16plan book 31, pages 27. Such land was acquired by an order of taking recorded in the Hampden
17district registry of deeds in book 2050, page 575; and (2) lots 17 and 25 as shown on a plan of
18land entitled “Subdivision of Lots A&B shown on plan filed with Cert. of Title No. 500 Registry
19District of Hampden County, Land in Westfield”, dated September 1916, identified as plan 5888-
20A filed with certificate of title number 500 in the Hampden registry district of the land court. The
21land was taken by the commonwealth for construction of a dike on the Westfield river by an
22order of taking recorded in the Hampden district registry of the land court as document number
2313615 and such land is currently held for conservation and recreation purposes.
24 (c) The parcels conveyed to the city of Westfield pursuant to this act shall be placed
25under the care and control of the division of parks and recreation in the department of public
26works in the city of Westfield. The parcels shall be held for conservation and recreation purposes
27and flood protection purposes including, but not be limited to, the construction and maintenance
28of a flood control levee and a recreational trail open to the public, subject to such reasonable
29rules and regulations as the city shall provide.
30 (d) The city of Westfield shall be responsible for all costs associated with the
31conveyances and releases authorized in this act including, but not limited to, any surveys,
32recordings and legal costs and any other expenses incurred by the commonwealth in connection
33with the conveyance and for all costs, liabilities and expenses of any nature and kind for its
34ownership, use, operation and maintenance, including, but not limited to, the associated flood
35control works under item 7822-01 of section 2 of chapter 790 of the acts of 1949, chapter 513 of
36the acts of 1939 and chapter 91 of the General Laws.