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| 2 | 2 | | FILED ON: 7/30/2024 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2913 |
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| 4 | 4 | | Senate, July 30, 2024 - New draft (Senator Finegold) to Senate Bill authorizing the town of |
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| 5 | 5 | | Andover to convey a non-exclusive access easement over a certain parcel of land (Senate, No. |
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| 6 | 6 | | 2784). |
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| 7 | 7 | | The Commonwealth of Massachusetts |
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| 8 | 8 | | _______________ |
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| 9 | 9 | | In the One Hundred and Ninety-Third General Court |
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| 10 | 10 | | (2023-2024) |
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| 11 | 11 | | _______________ |
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| 12 | 12 | | An Act authorizing the town of Andover to convey a non-exclusive access easement over a |
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| 13 | 13 | | certain parcel of land. |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 15 | 15 | | of the same, as follows: |
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| 16 | 16 | | 1 SECTION 1. (a) Notwithstanding any general or special law to the contrary, the town of |
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| 17 | 17 | | 2Andover, acting by and through its select board, in consultation with the Andover conservation |
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| 18 | 18 | | 3commission, may convey, upon such terms and conditions and for the fair market value or value |
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| 19 | 19 | | 4in use, whichever is greater, as determined by an appraisal, a non-exclusive easement over, under |
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| 20 | 20 | | 5and through portions of property described in subsection (b) for purposes of providing motor |
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| 21 | 21 | | 6vehicle and pedestrian access and egress over said land; provided, however, that such non- |
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| 22 | 22 | | 7exclusive easement shall not allow parking on said land. The town of Andover shall deposit into |
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| 23 | 23 | | 8and hold such consideration in a segregated account dedicated solely for the acquisition and |
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| 24 | 24 | | 9maintenance of land for the purposes of article 97 of the amendments to the constitution of the |
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| 25 | 25 | | 10Commonwealth and shall use such monies to acquire land or an interest in land for article 97 |
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| 26 | 26 | | 11purposes within three years after the conveyance. 2 of 2 |
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| 27 | 27 | | 12 (b) The property on which said easement may be granted is shown on Assessor’s Map |
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| 28 | 28 | | 13117 as Lot 15 and is located at 268 Andover street in the town of Andover. The property is more |
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| 29 | 29 | | 14particularly described on a plan entitled, “Plan of Land in Andover, prepared for Kathleen & |
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| 30 | 30 | | 15Remi Machet, 264 Andover Street, Andover, MA and Inhabitants of the Town of Andover, 268 |
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| 31 | 31 | | 16Andover Street, Andover, MA”, prepared by John Abagis & Associates, Professional Land |
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| 32 | 32 | | 17Surveyors and dated April 19, 2023, which plan is on file with the town clerk. The easement is |
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| 33 | 33 | | 18shown on said plan as “Proposed Access/Egress Easement Containing 3,242 sf” and shall be for |
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| 34 | 34 | | 19the benefit of the abutting parcel shown on said plan as “Lot #24 Land of Remi & Kathleen |
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| 35 | 35 | | 20Machet.” The land benefited by said non-exclusive easement is further described in an |
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| 36 | 36 | | 21instrument recorded with the Essex North District registry of deeds at book 12926, page 231. |
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| 37 | 37 | | 22 SECTION 2. This act shall take effect upon its passage. |
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