Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
The town of Wilmington is hereby authorized to transfer
the care, custody, management and control of a certain parcel of land owned by
the town from the conservation commission to the board of selectmen of the
town, being a certain parcel of vacant land, shown as Map 11, parcel 34 on
the town assessors maps, for the express and exclusive purpose of releasing a
sewer easement to Sixth Realty Trust of Wilmington, Massachusetts, to
construct, operate and maintain a sewer main and fixtures appurtenant thereto,
upon, over, under and across a certain way known as Third Avenue as now laid
out or may be laid out in the future in the town of Wilmington, a copy of which
plan entitled "Proposed Sewer Extension Plan and Profile, Third Avenue in
Wilmington, MA.", prepared by Marchionda & Associates, Inc., dated January
1991, Revised April 29, 1991,
is on file with the conservation commission and the water and
sewer department of said town, subject to the approval of the conservation
commission, said
way as now laid out and shown on a plan entitled "Shawsheen Pines",
Billerica-Wilmington, Massachusetts, Engineer, Harry F. Bryant & Son,
Date: April, 1927, and recorded at the Middlesex northern registry of deeds
in
Plan Book 50, Plan 61
and is contiguous to and abutting town owned land shown as
Block 15, Lots 20-29, inclusive, on said plan; provided however, that the
care, custody, management and control of said parcel shall otherwise remain
with
the conservation commission and also to authorize the selectmen to release the
sewer easement area, in accordance with chapter thirty B of the General Laws
and any other applicable law
relating thereto; provided,
further, that all approvals, including the approval of the secretary of
environmental affairs, shall be obtained before the transfer of said sewer
easement all in accordance with town by-laws; and, provided, further, that said
town of Wilmington shall require Sixth Realty Trust to reimburse said town for
all costs and expenses of said town relative to the aforesaid easement,
recording, legislation and approvals.
Approved May 22, 1997.