FILED ON: 7/13/2018
HOUSE . . . . . . . . . . . . . . . No. 4759
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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 holds, on behalf of the commonwealth, an agricultural covenant recorded with the Essex South County Registry of Deeds in book 29886, page 350, on land owned by The Herrick Farm Trust, David S. Herrick, Trustee, which term shall include successors in title, heirs, and assigns as the context shall require. Notwithstanding any other or general or special law to the contrary, but subject to section 40E of chapter 7 and section 32 of chapter 184 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 shall execute a certificate of release of a certain portion of land subject to the agricultural covenant. 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 South County Registry of Deeds in Plan Book 459, Plan 24. Said Parcel A and Lot 2 is 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”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.
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”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 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.
Monies received by the commonwealth for release of the agricultural covenant under this section shall be held in in trust by the department, to be expended only to acquire new agricultural covenants.
SECTION 2. As a condition precedent to the release of the approximate 2.0 acres of land from the agricultural covenant under section 1, 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 South County 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”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.
SECTION 3. Except as authorized to be amended by this act, the original agricultural covenant shall remain in full force and effect.