AN ACT RELEASING CERTAIN LAND IN HATFIELD FROM THE OPERATION OF AN AGRICULTURAL PRESERVATION RESTRICTION.
Whereas , The deferred operation of this act would tend to defeat its
purpose, which is to provide forthwith for the release of certain agricultural
preservation restrictions, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Pursuant to section 40E
of chapter 7 and section 32 of chapter
184 of the General Laws but notwithstanding any other general or special
law to the contrary, the commissioner of capital asset management and maintenance,
in consultation with the commissioner of food and agriculture, may execute a
certificate of release of a portion of that agricultural preservation restriction,
in this act referred to as "APR", granted by Luther Belden, Inc., a Massachusetts
corporation, in this act referred to as "owner", to the commonwealth, dated
September 20, 1986, recorded at Book 2984, Page 0295, Hampshire county registry
of deeds, the portion being more particularly described as follows:
Two certain parcels of land located on the northerly side of Depot Road in
Hatfield, Hampshire County, Massachusetts, shown as "Parcel B" and "Parcel C"
a plan of land entitled: "Plan of Land in Hatfield, Mass., surveyed for Gerald
and Linda J. LeVitre, scale: 1" = 100'" Daniel L. Werner, P.L.S., Greenfield,
MA, dated January 18, 2001; said plan to be recorded in Hampshire county
of deeds. Parcel B contains 0.517 acres and Parcel C contains 1.55 acres
according to the described plan.
Parcels B and C, described in section 1, to be
released, are to be
transferred by owner to the owner of nearby land, Gerald L. and Linda J.
who have agreed to and shall concurrently transfer to owner 2 parcels of land
also shown on the described plan and termed as Parcel A and a parcel referred
to as Gerald and Linda
LeVitre, Deed Book 3324, Page 55. The 2 parcels owned by LeVitre, that
0.517 acres and 6.755 acres, respectively, shall become part of the land of
that is subject to the APR. In consideration of the release from the APR of
Parcels B and C, owner has agreed to, and shall execute concurrently with the
described transfers of Parcels B and C to LeVitre, a new, current agricultural
preservation restriction and an option to purchase at agricultural value
to the commonwealth, to be recorded at the Hampshire county
registry of deeds. The new APR and option shall prohibit the construction of
future dwellings and grant the commonwealth an option to purchase at
value an approximately 10-acre portion of the remaining APR land, as
in deed recorded in Book 1936, Page 90, and also on the land being transferred
LeVitre to owner. In the event that owner does not execute the new, current
agricultural preservation restriction and option to purchase at agricultural
value on the described land and the 2 LeVitre parcels are not duly
transferred to owner and become subject to the new APR and option, the existing
agricultural preservation restriction shall be reimposed on the 2 released
parcels, unless the restriction is released or discharged by the
commonwealth in its entirety in the interim.
Except as partially released by this act, the referenced
preservation restriction shall remain in full force and effect.