Chapter 246

2003 -- H 5753 AS AMENDED

Enacted 07/17/03

AN ACT

AUTHORIZING THE CITY OF PROVIDENCE TO CONVEY CERTAIN PROPERTY

DEDICATED FOR PARK PURPOSES

Introduced By: Representative Edith H. Ajello

Date Introduced: February 11, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. The city of Providence is the owner of certain property (the “Premises”)

located on Wheaton street in said city described as follows:

     Beginning at a point in the westerly line of Wheaton street one hundred twelve and

ninety-one one-hundredths (112.91) feet southerly from the southwesterly corner of Wheaton and

Bowen streets, and the southeasterly corner of land now or formerly of Morris Lobel et ux.,

thence southerly in the westerly line of Wheaton street and bounding easterly on Wheaton street,

seventy-seven and thirty-three one-hundredths (77.33) feet to land now or formerly of Sarah H.

Bullock, thence westerly and bounding southerly on land now or formerly of Sarah H. Bullock

fifty-six and ninety-three one-hundredths (56.93) feet to land now or formerly of Claude C. Ball,

thence northerly and bounding westerly on land now or formerly of Claude C. Ball, seventy-six

and ninety-one-hundredths (76.91) feet more or less to land now or formerly of Morris Lobel and

wife Anna, thence easterly and bounding northerly on land now or formerly of Morris Lobel and

wife Anna, fifty-three and nine one-hundredths (53.09) feet to the westerly line of Wheaton street

and the point and place of beginning. Said parcel contains approximately four thousand two

hundred eight (4,208) square feet or land.

     Also that certain tract or parcel of land with all buildings and improvements thereon

situated in said city of Providence at the northeasterly corner of Wheaton and South Court streets,

bounded and described as follows:

     Beginning at the northeasterly corner of Wheaton and South Court streets, thence

northerly and bounding westerly on said Wheaton street forty-two and fifty-six one-hundredths

(42.56) feet to land now or formerly of Max Bromberg Estate, thence easterly making an interior

angle of 85 degrees–22’–00” and bounding northerly on land now or formerly of said Max

Bromberg Estate seventy-four and eighteen one-hundredths (74.18) feet to land now or formerly

of Henry A. Schermerhorn, thence southerly making an interior angle of 89 degrees–37’–36” and

bounding easterly on land now or formerly of said Schermerhorn eighty-five and thirty-one one-

hundredths (85.31) feet to the northeasterly line of South Court street, thence northwesterly

making an interior angle of 56 degrees-06’-12” and bounding southwesterly on said South Court

street seventy-six and fifty-one one-hundredths (76.51) feet to an angle in said street, thence

westerly making an interior angle of 215 degrees-49’-25” and bounding southerly on said South

Court street six and ninety-six one-hundredths (6.96) feet to the easterly line of Wheaton street

and the point and place of beginning. Said parcel contains approximately four thousand four

hundred twenty-two (4,422) square feet of land. Being the second parcel (“Second Parcel”) and

third parcel (“Third Parcel”) described in that certain deed from Rhode Island Hospital Trust

Company to the city dated March 13, 1939 and recorded March 23, 1939 at 2:50 p.m. in the Land

Evidence Records of the city of Providence in book 820 at pages 233 through 235; and

     WHEREAS, Pursuant to the terms of said deed the premises is to be used “for park and

playground purpose”; and

     WHEREAS, It is no longer in the best interest of the city of Providence to continue to

own the premises subject to said restriction, the city is hereby authorized, notwithstanding Rhode

Island general laws section 45-2-6 and any general law to the contrary to sell, convey, or lease the

premises free of said restriction provided that the release of said restriction and the sale, lease,

and ownership and occupancy by said city or other party is subject to the following requirements:

     (1) The proceeds from any conveyance, lease, or sale of the premises by the city or the

Providence Redevelopment Agency shall be placed in a trust fund administered by the Board of

Park Commissioners and the income from such fund shall be used to maintain Lower Prospect

Terrace Park located on Wheaton street.

     (2) The second first parcel shall be subject to the following perpetual restrictions:

     (a) No structure shall be constructed on the second parcel other than fences and retaining

walls.

     (b) No parking spaces may be placed on the second parcel.

     (3) The third second parcel shall be subject to the following perpetual restrictions:

     (a) No structure shall be constructed on said parcel other than fences, retaining walls and

one garden shed. Underground utility pipes and lines for water and electricity shall be permitted.

     (b) No parking or paving shall be permitted on said parcel other than a sidewalk along the

street edges.

SECTION 2. This act shall take effect upon passage.     

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LC02080

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