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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE RELEASE OF CERTAIN LAND IN ROWLEY FROM OPERATION OF AN AGRICULTURAL COVENANT.

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.  (a) Notwithstanding any general or special law to the contrary, but subject to section 22 of chapter 20 of the General Laws, for a reasonable sum to be paid by The Herrick Farm Trust as determined by the commissioner of agricultural resources, the commissioner may execute a certificate of release of a certain portion of land subject to the agricultural covenant held by the department on behalf of the commonwealth over land owned by The Herrick Farm Trust, recorded with the Essex southern district registry of deeds in book 29886, page 350. For purposes of this act, The Herrick Farm Trust shall include successors in title, heirs and assigns as the context shall require. The land to be released from the agricultural covenant covers approximately 2.0 acres and is shown as Parcel A, consisting of 72,364 square feet in area, and Lot 2, consisting of 14,756 square feet in area, on a plan entitled “Plan of Land in Rowley, MA, Property of The Herrick Farm Trust and Paul D. & Cynthia H. Lucia,” Scale 1” – 4 0’, dated March 30, 2017, prepared by Donohoe Survey Inc., 363 Boston St., Topsfield, MA, which is recorded in the Essex southern district registry of deeds in plan book 459, plan 24. Said Parcel A and said Lot 2 are more particularly described as follows:

PARCEL A

A parcel of land on the southeasterly side of Dodge road in the town of Rowley is bounded and described as follows:

Beginning at the northeast corner of the parcel at Dodge road; thence

S00°03’20”E by Lot 1 a distance of 400.00 feet; thence

N89°05’59”W by Lot 2 a distance of 41.00 feet; thence

N01°47’37”W by Lot 2 a distance of 150.00 feet; thence

N04°59’38”E by Lot 2 a distance of 220.00 feet to Dodge road; thence

N40°49’41”E by Dodge road a distance of 40.00 feet to the point of beginning.

LOT 2

A parcel of land on the southeasterly side of Dodge road in the town of Rowley is bounded and described as follows:

Beginning at the northeasterly corner of the parcel at Dodge road; thence

S04°59’38”W by Parcel A a distance of 220.00 feet; thence

S01°47’37”E by Parcel A a distance of 150.00 feet; thence

S89°05’59”E by Parcel A a distance of 41.00 feet; thence

S63°21’39”E by Lot 1 a distance of 238.94 feet; thence

S63°17’00”W a distance of 144.53 feet; thence

N70°39’25”W a distance of 148.69 feet; thence

N41°05’25”W a distance of 204.00 feet; thence

N02°47’45”E a distance of 144.00 feet to Dodge road, the previous four courses being by land of The Herrick Farm Trust; thence

N35°07’46”E by Dodge road a distance of 195.32 feet; thence

N40°49’41”E by Dodge road a distance of 54.68 feet to the point of beginning.

The commonwealth and its agents and assigns shall retain, as ancillary to and for the benefit of the land remaining under restriction of the agricultural covenant, an easement and right of way to pass and repass for a 2-year period, on foot and by vehicle on all roadways, farm roads and bridges now existing or hereafter constructed on the land released under this section, for any purposes set forth in the original agricultural covenant as hereby amended.

As a condition of the release authorized in this section, The Herrick Farm Trust shall pay to the department of agricultural resources a monetary amount as determined by the commissioner. Money received by the commonwealth for release of the agricultural covenant under this section shall be held in trust by the department, to be expended only to acquire new agricultural covenants.

(b)  As a condition precedent to the release of the approximate 2.0 acres of land from the agricultural covenant authorized pursuant to subsection (a), The Herrick Farm Trust and the commissioner shall execute and record an amendment of the original agricultural covenant in order to extend the current restriction for an additional 2 years on a certain parcel of 1.2504 acres, being the subject of litigation captioned “Cynthia H. Lucia vs. David S. Herrick, Individually and as Trustee of the Herrick Farm Trust, Essex County Docket No. 12-2353B”, the farm’s only source of drinking water for the dairy operation, owned by The Herrick Farm Trust. The 1.2504 acre parcel lies adjacent to other restricted farmland owned by The Herrick Farm Trust off Mill road and Dodge street in the town of Rowley, and is as shown as Lot 2 on a plan entitled “Plan of Land in Rowley, MA, Property of David S. Herrick, Trustee, The Herrick Farm Trust, Scale 1” – 50’, June 17, 1995”, revised and recorded with the Essex southern district registry of deeds in plan book 301, plan 79. The 1.2504 acre parcel is more particularly described as follows:

LOT 2

A parcel of land on the northeasterly side of Mill road in the town of Rowley is bounded and described as follows:

Beginning at the westerly corner of the parcel at Mill road; thence

N55°21’26”E a distance of 279.24 feet; thence

S05°01’09”E a distance of 290.00 feet; thence

S43°59’47”W a distance of 125.00 feet to Mill road, the previous 3 courses being by land of The Herrick Farm Trust; thence

N42°50’34”W by Mill road a distance of 163.64 feet; thence

N29°39’52”W by Mill road a distance of 115.18 feet to the point of beginning.

SECTION 2.  Except as authorized to be amended by this act, the original agricultural covenant referenced in subsection (a) of section 1 shall remain in full force and effect.

 

Approved, August 9, 2018.