AN ACT RELATIVE TO AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY CERTAIN LAND TO JEFFREY JAMES VON ER.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The commissioner of the division of capital planning and
operations is hereby authorized and directed, notwithstanding the provisions of
to forty L, inclusive, of chapter seven of the General Laws, to sell and
deed, a certain parcel of conservation land
located in the town of New Marlborough, to Jeffrey
James Von Er, subject to the requirements of sections two to five, inclusive,
and to such additional terms, conditions, and restrictions as the
commissioner may prescribe, in consultation with the department of
Said parcel of land is shown
as parcel #2 on a plan of land entitled "Plan of Land Surveyed for Jeffrey
James Von Er and Barry C. Webber in New Marlborough, Massachusetts," dated
August, 1992, and prepared from a field survey by Kelly, Granger, Parsons &
Associates, Inc. of Great Barrington.
SECTION 2. In consideration for and simultaneously with such
conveyance, Jeffrey James Von Er
shall acquire and convey to the commonwealth by deed,
the fee simple interest in a parcel of land, of not less
than equal value as established by independent fair-market appraisal, said
parcel to be designated by the commissioner of the division of capital planning
and operations acting in consultation with the commissioner of the department
of environmental management. The deed of such parcel of land shall convey to
the commonwealth good, clear, and marketable title and shall be subject to such
terms and conditions as are deemed advisable or necessary by the commissioner
of the department of environmental management.
SECTION 3. No deed conveying by or on behalf of the commonwealth the
property described in section one shall be valid unless such deed provides that
said property shall be used for the purpose of a residential site.
SECTION 4. Jeffrey James Von Er shall assume all costs for
appraisals, surveys, and other expenses as deemed necessary by the
commissioner for the conveyance of these properties.
SECTION 5. The more precise configuration of the parcels described in
section one, shall be as shown on that plan of land
referenced in said sections, as such plan is further revised, if necessary, and
recorded with the registry of deeds in Berkshire county. In the event
that the land so described in this act contradicts or is inconsistent with such
parcels as shown upon said plan of record, then said plan of record and any
subsequent plans of record shall control as to the accuracy and correctness of