Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The commissioner of the division of capital planning and operations is hereby authorized and directed, notwithstanding the provisions of sections forty E to forty L, inclusive, of chapter seven of the General Laws, to sell and convey by deed, a certain parcel of conservation land located in the town of New Marlborough, to Jeffrey James Von Er, subject to the requirements of sections two to five, inclusive, and to such additional terms, conditions, and restrictions as the commissioner may prescribe, in consultation with the department of environmental management.
Said parcel of land is shown as parcel #2 on a plan of land entitled "Plan of Land Surveyed for Jeffrey James Von Er and Barry C. Webber in New Marlborough, Massachusetts," dated August, 1992, and prepared from a field survey by Kelly, Granger, Parsons & Associates, Inc. of Great Barrington.
SECTION 2. In consideration for and simultaneously with such conveyance, Jeffrey James Von Er shall acquire and convey to the commonwealth by deed, the fee simple interest in a parcel of land, of not less than equal value as established by independent fair-market appraisal, said parcel to be designated by the commissioner of the division of capital planning and operations acting in consultation with the commissioner of the department of environmental management. The deed of such parcel of land shall convey to the commonwealth good, clear, and marketable title and shall be subject to such terms and conditions as are deemed advisable or necessary by the commissioner of the department of environmental management.
SECTION 3. No deed conveying by or on behalf of the commonwealth the property described in section one shall be valid unless such deed provides that said property shall be used for the purpose of a residential site.
SECTION 4. Jeffrey James Von Er shall assume all costs for appraisals, surveys, and other expenses as deemed necessary by the commissioner for the conveyance of these properties.
SECTION 5. The more precise configuration of the parcels described in section one, shall be as shown on that plan of land referenced in said sections, as such plan is further revised, if necessary, and recorded with the registry of deeds in Berkshire county. In the event that the land so described in this act contradicts or is inconsistent with such parcels as shown upon said plan of record, then said plan of record and any subsequent plans of record shall control as to the accuracy and correctness of such description.