HOUSE DOCKET, NO. 3789        FILED ON: 6/2/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3671

The Commonwealth of Massachusetts

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PRESENTED BY:

Christopher M. Markey

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

AN ACT  PROVIDING FOR A PARTIAL RELEASE OF CERTAIN LAND IN THE TOWN OF DARTMOUTH FROM THE OPERATION OF AN AGRICULTURAL PRESERVATION RESTRICTION.

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PETITION OF:

HOUSE DOCKET, NO. 3789        FILED ON: 6/2/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3671

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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AN ACT  PROVIDING FOR A PARTIAL RELEASE OF CERTAIN LAND IN THE TOWN OF DARTMOUTH FROM THE OPERATION OF AN AGRICULTURAL PRESERVATION RESTRICTION.

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.   Pursuant to section 40 E of chapter 7 and section 32 of chapter 184 of the General Laws, and notwithstanding any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources,  may execute a certificate releasing from restriction certain portions of land described in an agricultural preservation restriction (the “APR”) conveyed by the Town of Dartmouth (the “Town”) to the Commonwealth of Massachusetts, acting by and through the department of agricultural resources, dated December 27, 2006, and recorded at Book 8638, Page 153, Bristol County southern district  registry of deeds.  The land described in the recorded restriction consists of all or portions of the Town’s so called “Souza/Lagasse Farm” which is located at Hixville Road, in the Town of Dartmouth.  The Town’s title derives from a deed of Theresa B. Lagasse, of Port St. Lucie, Florida, dated October 30, 2003, recorded in the registry, Book 6633, Page 275.  The land acquired by the Town and described in said deed is shown on a plan of land entitled “Plan of Land in Dartmouth, MA. Assessor’s Map 61, Lot 42, for  Theresa B. Lagasse”, dated 10/21/2003, Seguin Assoc., Marshfield, MA 02050;  and recorded in the Bristol County, Southern District, Registry of Deeds in Plan Book 152, Page 71. 

SECTION 2.  In 2009, the Town, by its Agricultural Preservation Trust Council and Chief Procurement Office, issued a Request for Proposals for sale of Lot 1 as shown on said plan, subject to the APR.  Additionally, the Town advertised for sale another portion of the farm – Lot 4 – a parcel of about two acres, which was to be limited to residential use by the future owner of Lot 1 under a recorded resale restriction upon its purchase by the future owner.  It was then discovered that not only was Lot1 included within the description of the APR (which was intended), but also Lot 4 and the other portions of the Town’s land acquired by its source deed from Theresa B. Lagasse.  

SECTION 3.  The reason and justification for the release is that the portions to be released as more particularly described below in SECTION 4 were included by error in the description of the land to be restricted by the APR, the intention of both the Town and the Commonwealth having been to restrict only Lot 1, containing 74.69 acres, more or less, excepting and excluding from restriction all other portions of the Town’s land obtained in the 2003 source deed recorded at Book 6633, Page 275.

SECTION 4.  The areas of land to be released from the provisions of the APR consist of all of the land described in “EXHIBIT A” of the Agricultural Preservation Restriction recorded at Book 8638, Page 164, except for the following areas that shall remain under restriction:

1 –“ Lot 1”, consisting of 74.69 acres of land, more or less;

2 – “Parcel B”, consisting of 1,501.2 square feet, more or less; and

3 – “Parcel C”, consisting of 1,834.8 square feet, more or less.

and being as shown and described on plan of land entitled “Plan of Land in Dartmouth, MA. Assessor’s Map 61, Lot 42, For  Theresa B. Lagasse” dated 10/21/2003, Seguin Assoc., Marshfield, MA 02050;  and recorded in the Bristol County, Southern District, Registry of Deeds in Plan Book 152, Page 71.

The Commonwealth’s access easement over the easterly portion of Estate Lot 2 as shown on said plan, acquired by the Commonwealth as appurtenant to and for the benefit of the  aforesaid Agricultural Preservation Restriction and for the benefit of the Commonwealth and its successors and assigns, shall continue in full force and effect as an encumbrance on “Estate Lot 2” as shown on said plan. 

SECTION5.  Except as partially released in accordance with this Act, the APR shall remain in full force and effect.

SECTION6.  This act shall take effect upon its passage.