Bill H.4673

HOUSE DOCKET, NO. 4907 FILED ON: 6/20/2018

HOUSE . . . . . . . . . . . . . . . No. 4673

By Representative Hill of Ipswich and Senator Tarr, a joint petition (subject to Joint Rule 12) of Bradford Hill and Bruce E. Tarr relative to the release of certain land in Rowley from operation of an agricultural covenant. Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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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. The department of agricultural resources (hereinafter the “department”) holds an agricultural covenant (“AC”) recorded with the Essex South County Registry of Deeds in book 29886, page 350 on land formally owned by The Herrick Farm Trust, William S. Herrick, Trustee (hereinafter “H.F.T.”); which term shall include successors in title, heirs, and assigns as the context shall require. Under Section 40E of Chapter 7 and Section 32 of Chapter 184 of the General Laws, and notwithstanding any other or general or special law to the contrary, for a sum to be determined by the department of agricultural resources,the secretary of energy and environmental affairs shall execute a certificate of release of a portion of the land subject to the AC covering approximately 1.9 acres in general shown 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 and recorded at the Essex South County Registry of Deeds being more particularly described as follows:

PARCEL A

Plan Book 459 Plan 24

A parcel of land on the southeasterly side of Dodge Road in Rowley, Massachusetts bounded and described as follows:

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

S00°03’20”Eby Lot 1 a distance of four hundred (400.00) feet; thence

N89°05’59”Wby Lot 2 a distance of forty one (41.00) feet; thence

N01°47’37”Wby Lot 2 a distance of one hundred fifty (150.00) feet; thence

N04°59’38”Eby Lot 2 a distance of two hundred twenty (220.00) feet to Dodge Road; thence

N40°49’41”Eby Dodge Road a distance of forty (40.00) feet to the point of beginning.

The above described parcel contains an area of 14,756 square feet and is more particularly shown as Parcel A on a plan entitled: “Plan of Land in Rowley, MA, Property of The Herrick Farm Trust and Paul D. & Cynthia H. Lucia; Scale 1”=40’, March 30, 2017”, recorded as Plan Book 459 Plan 24.

LOT 2

Plan Book 459 Plan 24

A parcel of land on the southeasterly side of Dodge Road in Rowley, Massachusetts bounded and described as follows:

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

S04°59’38”Wby Parcel A a distance of two hundred twenty (220.00) feet; thence

S01°47’37”Eby Parcel A a distance of one hundred fifty (150.00) feet; thence

S89°05’59”Eby Parcel A a distance of forty one (41.00) feet; thence

S63°21’39”Eby Lot 1 a distance of two hundred thirty eight and 94/100 (238.94) feet; thence

S63°17’00”Wa distance of one hundred forty four and 53/100 (144.53) feet; thence

N70°39’25”Wa distance of one hundred forty eight and 69/100 (148.69) feet; thence

N41°05’25”Wa distance of two hundred four (204.00) feet; thence

N02°47’45”Ea distance of one hundred forty four (144.00) feet to Dodge Road, the previous four courses being by land of The Herrick Farm Trust; thence

N35°07’46”Eby Dodge Road a distance of one hundred ninety five and 32/100 (195.32) feet; thence

N40°49’41”Eby Dodge Road a distance of fifty four and 68/100 (54.68) feet to the point of beginning.

The above described parcel of land contains an area of 72,364 square feet and is more particularly shown as Lot 2 on a plan entitled: “Plan of Land in Rowley, MA, Property of The Herrick Farm Trust and Paul D. & Cynthia H. Lucia, Scale: 1”=40’, March 30, 2017”, recorded as Plan Book 459 Plan 24.

The Commonwealth however, and its agents and assigns, shall retain, as ancillary to and for the benefit of the land remaining under restriction, a limited (2 years) easement and right of way to pass and re-pass on foot and by vehicle on all roadways, farm roads, and bridges now existing or hereafter constructed on the land herein proposed to be released, for any and all purposes set forth in the original AC as hereby amended.

SECTION 2. As a condition precedent to the release of the 1.9 acres from the AC parcel, H.F.T. and the department shall execute and cause to be recorded an amendment of the existing covenant inclusive, said amendment extending for no more than two (2) years a currently unrestricted parcel of 1.2504 acres, being the subject of ligation 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 H.F.T., under restriction in accordance with the terms and provisions of the original AC as amended, the 1.2504 acre parcel with the dairy’s water supply thereupon and thereafter to be subject thereto. The 1.2504 acre parcel lies adjacent of other restricted farmland owned by H.F.T. off Mill Road and Dodge Street, Rowley, Massachusetts, and is as shown on a plan of land 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 South County Registry of Deeds at Plan Book 301, Plan 79 and labeled as “Lot 2.”

SECTION 3.As a condition precedent to the release of the 2 acres from the AC, H.F.T. and the department shall execute and cause to be recorded an amendment to the existing restriction, said amendment placing under restriction that portion of the currently unrestricted 1.2504 acres of land owned by H.F.T. that lies outside the boundaries of the land proposed to be released under Section 1. Upon the recording thereof, this portion shall be governed by the terms and provisions of the existing AC as amended, thereupon and thereafter to be subject thereto. The 1.2504 acre parcel is bounded and described as follows:

LOT 2

Plan Book 301 Plan 79

A parcel of land on the northeasterly side of Mill Road in Rowley, Massachusetts bounded and described as follows:

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

N55°21’26”Ea distance of two hundred seventy nine and 24/100 (279.24) feet; thence

S05°01’09”Ea distance of two hundred ninety (290.00) feet; thence

S43°59’47”Wa distance of one hundred twenty five (125.00) feet to Mill Road, the previous three courses being by land of The Herrick Farm Trust; thence

N42°50’34”Wby Mill Road a distance of one hundred sixty three and 64/100 (163.64) feet; thence

N29°39’52”Wby Mill Road a distance of one hundred fifteen and 18/100 (115.18) feet to the point of beginning.

The above described parcel of land contains an area of 1.2504 acres and is more particularly 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”=80’, June 17, 1995” recorded as Plan Book 301 Plan 79.

SECTION 4. Except as amended by this act, the AC shall remain in full force and effect.

Name:	District/Address:	Date Added:
Bradford R. Hill	4th Essex	6/20/2018
Bruce E. Tarr	First Essex and Middlesex	6/20/2018