SENATE DOCKET, NO. 2598        FILED ON: 3/26/2018

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2395

The Commonwealth of Massachusetts

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PRESENTED BY:

Marc R. Pacheco

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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 releasing certain land in Berkley from the operation of an agricultural preservation restriction.

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PETITION OF:

SENATE DOCKET, NO. 2598        FILED ON: 3/26/2018

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2395

The Commonwealth of Massachusetts

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

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An Act releasing certain land in Berkley 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. Notwithstanding any general or special law to the contrary, but subject to section 32 of chapter 7C and section 32 of chapter 184 of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, may execute a certificate of release for a portion of a certain parcel of land in Berkley subject to an agricultural preservation restriction and right of first refusal held by the commonwealth, acting through the Massachusetts department of agricultural resources, on land owned currently by Robert A. Chamberlain, Trustee of the Elmer A. Chamberlain Revocable Trust. Title was acquired by a Personal Representative Deed recorded in Book 23381, Page 182 at the Taunton Registry of Deeds. The agricultural preservation restriction is recorded at the Bristol Fall River registry of deeds in Book 2093, Page 269. The right of first refusal is recorded at the Bristol Fall River Registry of Deeds in Book 2093, Page 281.

The portion of the land to be released from the agricultural preservation restriction and right of first refusal is a parcel containing approximately 1 acre and is shown as 12 Friend Street, Assessor Map 14, Lot 3, on a plan entitled “Land Owned by Elmer A. Chamberlain, Robert Chamberlain & Jacqueline Chamberlain in Berkley, Massachusetts” prepared by E. Otis Dyer, dated May 5, 2014, which shall be recorded at the Taunton Registry of Deeds and the Bristol Fall River Registry of Deeds. The following more particularly described shall replace the current property descriptions (Exhibit A’s) set forth as Exception (A) of Parcel One of the recorded agricultural preservation restriction and right of first refusal:

A.Beginning at a spike in the northeasterly corner of land owned by Robert Chamberlain and Jacqueline Chamberlain, described as 12 Friend Street, Assessor Map 14, Lot 3; and lying in the southerly line of Friend Street; thence S 82°46’37” E 86.00 feet bounded by the said line of Friend Street; thence by the following five courses across “Town Line Farm”, so-called: S 45°26’33” W 375.00 feet, S 34°28’18” E 128.35 feet, S 55°31’42” W 50.00 feet, N 43°37’36”W 368.54 feet, and N 39°10’05” 20.00 feet to the southwesterly corner of the first mentioned Chamberlain land, North 39°-10-05’ West, 259.20 feet to a corner in the aforesaid, line of Friend Street; thence in said street line, thence S 54-59’-53”E” 94.20’, thence N 82-01’-55” E 152.71’ to the point of beginning.

In addition, “Parcel Two” as described in the Exhibit A to the agricultural preservation restriction and right of first refusal and “Parcel Six” as described in the Exhibit A to the right of first refusal shall be stricken and removed from the Exhibit A to the agricultural preservation and right of first refusal, as said parcels were originally included erroneously and by inadvertence.

Section 2. As a condition precedent to the release authorized in section 1, an updated appraisal shall be obtained of the current fair market value of the parcel subject to release. Said appraisal shall conform to the appraisal standards of the department and be satisfactory to the department and the commissioner of capital asset management and maintenance. If an updated appraisal cannot be obtained, the department may determine the fair market value in a manner satisfactory to the commissioner of capital asset management and maintenance.

Section 3. If the current fair market value of the release parcel as determined under section 2 is greater than the current agricultural fair market value, the current owner shall pay the difference to the department of agricultural resources to be used to acquire new agricultural preservation restrictions, pursuant to the rules and guidelines of the department.

Section 4. Except as amended by this act, the original agricultural preservation restriction and right of first refusal shall remain in full force and effect.