Session Laws

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 division of capital planning and operations, in consultation with the department of environmental management, acting for and on behalf of the commonwealth, is hereby authorized to convey to the town of Hopkinton an easement for water supply and distribution purposes, in certain land located in said town, under the control of the department of environmental management. Said land being bounded and described as follows:

A certain parcel of land in the town of Hopkinton, county of Middlesex, Massachusetts, being a portion of land of the COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, located on the southerly side of Whitehall Reservoir and being further bounded and described as follows:

Beginning at a point, 204.67 feet easterly from a stone bound at the intersection of land of COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, and land now or formerly of WHITEHALL REALTY TRUST, and land, now or formerly, of ALDEN K. & PHYLLIS M. LYFORD, along the property division line of land of COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and land now or formerly of WHITEHALL REALTY TRUST:

Thence turning and running N28<=-51'-15" W, 134.6+ feet through land of COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT to a point on the Edge of Water of Whitehall Reservoir as shown on the plan referred to herein;

Thence turning and running easterly along said Edge of Water through land of COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, as shown on the plan referred to herein, 2560+ feet to a point, said point being located from previous point by turning and running N 63< -57'-13" E, 1249.40 feet to this point;

Thence turning and running S 10<=-37'-45" E, 476.0+ feet through land of COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT to a point;

Thence turning and running S 57<=-59'-00" W, 333.05 feet through land of COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, to a point along the property division line of land of COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and land now or formerly of WHITEHALL REALTY TRUST:

Thence turning and running along the property division lines of land of COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, and land now or formerly of WHITEHALL REALTY TRUST in four courses:

S 82<=-57'-25" W, 122.64 feet to a point;

N 60<=-56'-40" W, 282.44 feet to a stone bound;

S 60<=-38'-15" W, 230.62 feet to a stone bound;

and S 83<=-56'-39" W, 295.01 feet to the point of beginning.

The above described parcel, containing about 9.96 acres is shown as Parcel No. 1 on a plan to be filed with the Middlesex South District Registry of Deeds and which is entitled "Plan of Land - Hopkinton, Mass., Property of Whitehall Realty Trust and Property of Commonwealth of Massachusetts", dated January 30, 1985, and drawn by Connorstone, Inc., Engineers and Surveyors, Ashland, Massachusetts.

The easement shall be approved as to form by the attorney general and shall contain the following provisions as the commissioner of environmental management shall determine including such terms and conditions as are necessary to comply with all laws in relation to the protection, preservation and development of state parks and all laws regarding public drinking water supply:

1. The town of Hopkinton shall have the exclusive right and easement to draw water from the two well sites as shown on the above referenced plan and to construct all appropriate wells, pumping stations, pipes, access roadways and any and all other appurtenances as may be necessary to accomplish the development of a public water supply.

2. The department of environmental management shall have the right to utilize those portions of the premises subject hereof being in excess of the area of contribution as determined by the department of environmental quality engineering from the well sites as well as the areas at the shoreline of the Whitehall Reservoir, for passive recreational and environmental use including walking, hiking and similar uses by the public, such uses to expressly exclude motorized vehicles, boat ramps or public sanitary facilities. Should such uses within the area of contribution as determined by the department of environmental quality engineering cause adverse affects upon the use of the premises by the Town of Hopkinton, the town shall have the right to terminate such use.

The department of environmental management shall have no right of access or authority to permit the public to have access within the area of contribution as determined by the department of environmental quality engineering and as above described except as otherwise set forth herein.

3. The town of Hopkinton shall limit access on the roadways to be built upon said premises to authorized representatives of the departments of the town of Hopkinton by installation of a gate at the entrance of all access roadways to said premises.

4. The town of Hopkinton shall be responsible for plowing the boat landing parking area off Route No. 135 on the northerly side of the Whitehall reservoir as appropriate during the entire term of this grant of easement.

5. The department of environmental management shall continue to maintain the easement area in excess of the area of contribution as determined by the department of environmental quality engineering from the well sites aforesaid and to be responsible for the mowing of grass and trash and litter removal. The use of pesticides, herbicides, etc., shall be strictly prohibited from use within the area of contribution as determined by the department of environmental quality engineering.

6. The town of Hopkinton shall not construct a fence around the said easement area but may construct fences within, the area of contribution as determined by the department of environmental quality engineering of each well site as it deems necessary or appropriate.

7. Said easement shall be granted upon the express condition that the land shall be used for public water supply purposes only if said land ceases to be used as such, said right and easement shall terminate and revert to the department of environmental management. The cessation of use of the land for water supply purposes of the easement to said department shall be accomplished through compliance with section fifteen B of chapter forty, and Article ninety-seven of the Amendments to the Massachusetts Constitution.

SECTION 2. The consideration for the easement described in section one shall be the obligation of the town of Hopkinton to plow the parking area on the northerly side of the Whitehall reservoir during the entire term of this grant of easement.

SECTION 3. Notwithstanding the easement provided for in section one, the commissioner of the department of environmental management shall maintain the obligation for the supervision of the land subject to the terms set forth above.

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