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  • Acts
  • 2002
  • Chapter 226 AN ACT RELEASING CERTAIN LAND IN THE TOWN OF HADLEY 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, as follows:


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 Antonio C. Costa and Genoveva Costa, in this act referred to as "Former Owner", to the commonwealth, dated October 28, 1984, recorded at Book 2555, Page 202, Hampshire county registry of deeds, the portion of the APR land to be released being more particularly described as follows:-

A certain parcel of land located on the northerly side of Mt. Warner Road in Hadley, Hampshire County, Massachusetts shown as "Parcel 3" on a plan of land entitled: "Plan of Land in Hadley, MA, prepared for Antonio C. and Genoveva Costa, Scale: 1" = 40'; June 5, 1990", Harold L. Eaton & Assoc., Inc., Registered Professional Land Surveyors, Hadley, MA. Said plan is recorded in Hampshire county registry of deeds in Book 166, Page 123.

SECTION 2. "Parcel 3", described in section 1, to be released is to be transferred by the current owner, Tso-Cheng Chang and Rose C. Chang, to Sidney Chang by a deed to be duly recorded. The current owner was deeded the entire premises subject to the agricultural preservation restriction, including the parcel to be released, by deed from former owner, dated February 16, 1996, recorded at Hampshire county registry of deeds in Book 4826, Page 0107. In consideration of the release of Parcel 3, current owner has agreed to, and shall execute concurrently with the described property transfer, a new, current agricultural preservation restriction and an option to purchase at agricultural value on all the remaining APR land, running to the commonwealth, to be recorded at the Hampshire county registry of deeds and prohibiting the construction of future dwellings and granting the commonwealth an option to purchase all the remaining APR land at agricultural value. In the event that current owner does not execute the new, current agricultural preservation restriction and option to purchase at agricultural value, the existing agricultural preservation restriction shall be re-imposed on the released parcel, unless the said restriction is released or discharged by the commonwealth in its entirety in the interim.

SECTION 3. Except as partially released by this act, the referenced agricultural preservation restriction shall remain in full force and effect.

Approved August 7, 2002.