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  • Acts
  • 2002
  • Chapter 253 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 John F. Devine, Robert E. Devine and Stephen W. Devine, in this act referred to as "former owner", to the commonwealth, dated July 26, 1986, recorded in the Hampshire county registry of deeds at Book 2881, Page 209, the portion of the APR land to be released being more particularly described as follows:-

"The land in Hadley, Hampshire County, Massachusetts, being shown as Parcel A containing 30,000 square feet, more or less, on a plan entitled "Plan of Land in Hadley, Massachusetts prepared for John F. Devine et als" dated May 26, 1995 and recorded in the Hampshire county registry of deeds in Book of Plans 178, Page 230".

SECTION 2. Parcel A, described in section 1, to be released, was transferred by former owner to Robert E. Devine by deed dated July 13, 1995, recorded in Book 4698, Page 017 at Hampshire county registry of deeds. The remaining land of former owner under the agricultural preservation restriction, exclusive of Parcel A, was transferred by deed dated August 17, 1999, recorded in Book 5767, Page 0114, Hampshire county registry of deeds to Stephen W. Devine, Robert E. Devine and William J. Dion, in this act referred to as "Current Owner", subject to the agricultural preservation restriction. In consideration of the release of Parcel A, current owner has agreed to, and shall execute a new, current agricultural preservation restriction and an option to purchase at agricultural value running to the commonwealth, to be recorded at the Hampshire county registry of deeds, prohibiting the construction of future dwellings on the remaining APR land and granting the commonwealth an option to purchase all the remaining APR land at agricultural value. If 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 reimposed on the released parcel, unless the 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 10, 2002.