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Session Law

2005

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Chapter 43 AN ACT PARTIALLY RELEASING A NON-DEVELOPMENT COVENANT RESTRICTION ON CERTAIN LAND IN THE TOWN OF GRANBY AND AUTHORIZING CERTAIN AGREEMENTS FOR THE DALY MEMORIAL RINK IN BRIGHTON.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to partially release a non-development covenant restriction on certain land in the town of Granby and to authorize certain agreements for the Daly Memorial Rink, 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 22 of chapter 20 of the General Laws, but notwithstanding any other general or special law to the contrary, the commissioner of the department of agricultural resources may execute a certificate releasing a portion of that land located on the southerly side of West State Street, Granby, Hampshire County, consisting of approximately 30 acres total and being parcels G-6 and G-6.4 on Map No. 3 of the Assessor's Maps of the town of Granby, and being covered by a certain non-development covenant restriction with a term of 10 years held by the commonwealth under section 22 of chapter 20 of the General Laws, and approved by the commissioner of food and agriculture, dated February 14, 2000, recorded at Book 5896, Page 0314, at the Hampshire county registry of deeds. The land subject to the restriction is owned by Stephen T. Sapowsky, Sr., also known as Stephen T. Sapowsky, and Tammy Sapowsky by deed dated June 12, 1995, recorded in the Hampshire county registry of deeds in Book 4680, Page 337.

The portion of land to be released from the restriction is more particularly described as follows: The land in Granby, Hampshire county, Massachusetts, more particularly bounded and described as follows:

PARCEL 3-G-6 (Town of Granby Assessors Map - 2004)

Beginning at an iron pin located on the southerly side of West State Street (a/k/a Route 202) thirty seven and 2/100 (37.2) feet easterly of Massachusetts Highway Bound as shown on a plan of land entitled "Survey of Subdivision of Land for Esther Hatch (Owner)" dated August 30, 1968 and recorded with Hampshire County Registry of Deeds in Plan Book 72, Page 127, thence running

S. 0 degrees 10' W. two hundred (200) feet along the westerly side of Lot 1 as shown on said plan to a steel stake, thence running

S. 89 degrees 50' E. three hundred ninety five and 66/100 (395.66) feet along the southerly side of Lots 1, 2 and 3 as shown on said plan to an iron pin, thence running

S. 4 degrees 21' 30" E. fifty and 12/100 (50.12) feet along the westerly side of land now or formerly of Lawrence and Jean R. Rodrigues as shown on said plan to an iron pin, thence continuing

S. 7 degrees 01' 30" E. six hundred forty six and 50/100 (646.50) feet along the westerly side of land now or formerly of Oscar E. Marcotte and Alvina Marcotte to an iron pin, thence running

S. 22 degrees 18' 38" W. six hundred thirty four and 95/100 (634.95) feet along the westerly side of land now or formerly of Paul J. Mazzariello and Carole I. Mazzariello to an iron pin, thence running

N. 83 degrees 38' W. seven hundred twenty five (725) feet, more or less, along the northerly side of land now or formerly of Massachusetts Electric Company, to a stake, thence running

Westerly seventy five (75) feet, more or less, along the northerly side of land now or formerly of Bertha M. Worthington, to a point, thence running

S. 28 degrees 49' W. thirty five (35) feet, more or less, along the land now or formerly of said Worthington to an iron pin, thence running

N. 83 degrees 38' W. three hundred seventy nine and 40/100 (379.40) feet, along the northerly side of land now or formerly of said Massachusetts Electric Company to an iron pin, thence running

Northwesterly two hundred fifty (250) feet, more or less, along the northerly side of land now or formerly of said Worthington to the center line of Muddy Brook, thence running

Southwesterly along the center line of said Muddy Brook two hundred (200) feet, more or less, along the northwesterly side of land now or formerly of Henry T. Randall, Jr. to a point, thence continuing running

Southwesterly four hundred fifty (450) feet, more or less, along the northwesterly side of land now or formerly of said Henry T. Randall, Jr. to a point, thence running

N. 27 degrees 13' 20" W. two hundred eighty five and 31/100 (285.61) feet along the easterly side of land now or formerly of said Henry T. Randall, Jr. to a point, thence running

N. 62 degrees 46' 40" W. four hundred (400) feet along the land of said Massachusetts Electric Company to an iron pin, thence running

N. 62 degrees 46' 40" E. eighty five and 79/100 (85.79) feet, along the northeasterly side of land now or formerly of said Massachusetts Electric Company to an iron pin, thence running

N. 50 degrees 23' 06" E. four hundred ninety seven and 92/100 (497.92) feet to an iron pin, thence running

N. 36 degrees 23' 49" E. two hundred ninety nine and 65/100 (299.85) feet to an iron pin, thence running

N. 62 degrees 59' 00" E. two hundred ten and 0/100 (210.0) feet, more or less, to the center line of the thread of Tributary "K" of Lower Stony Brook, thence running

Northerly two hundred twenty and 0/100 (220.0), more or less, along the thread of Tributary "K" of Lower Stony Brook, thence running

N. 27 degrees 01' 00" W. fifteen (15) feet to a point, thence running

N. 27 degrees 01' 00" W. one hundred and 00/100 (100.00) feet to West State Street (a/k/a Route 202) to a steel bar in concrete, thence running

N. 62 degrees 58' 49" E. eighty (80) feet, more or less, along the southerly side of West State Street, thence running

S 59 degrees 52' 40" E. four hundred seventy three and 10/100 (473.10) feet to a steel state set, thence running

N 28 degrees 46' 20" E. two hundred forty two and 39/100 (242.39) feet to a steel state set, thence running

N 3 degrees 26' 20" W. two hundred forty nine and 63/100 (249.63) to a steel state set, thence running

Easterly along the southerly side of said West State Street (Route 202), approximately sixty three (63) feet, more or less, to a Massachusetts Highway bound, thence running,

N 87 degrees 10' 18" E. thirty seven and 2/100 (37.2) feet to an iron pin at the point of beginning. Containing approximately 22.47 acres.

PARCEL 3-G-6.4 (Town of Granby Assessors Map - 2004)

Beginning at a point

S. 27 degrees 13' 20" E. one hundred sixty five (165) feet from an iron pin set in the southerly side of West State Street (a/k/a Route 202) as shown on plan of land entitled "Plan of Property in Granby, Massachusetts Prepared for Paul J. Phillips, Jr." dated March, 1974 and recorded with Hampshire County Registry of Deeds in Plan Book 91, Page 24, thence running

S. 27 degrees 13' 20" E. six hundred forty one and 18/100 (641.18) feet, along property now or formerly of Henry T. Randall, Jr., to an iron pin, thence running

S. 36 degrees W. six hundred ninety one (691) feet, more or less, on land now or formerly of Austin Smith to an iron pin, thence running

N. 73 degrees 08' W. two hundred thirty five (235) feet, more or less, to the center of a twelve inch elm tree, thence running

N. 70 degrees 22' W. eighty one (81) feet, more or less, to an iron pin, thence running

N. 78 degrees 28' 01" W. along land now or formerly of Worthington, thirty-one and thirty-one one-hundredths (31.31) feet to the center of a thirty-six inch elm tree; thence running

N. 33 degrees 26' 14" E. along said land of Worthington and land now or formerly of one Hatch, five hundred sixteen and thirty one-hundredths (516.30) feet to an iron pin at the southwesterly corner of said land now or formerly of one Dudley, thence running

Northeasterly along land now or formerly of William Ferry, one hundred sixty five (165) feet to a point; thence running

Northwesterly along the westerly line of land now or formerly Austin and Mary Smith, three hundred eight and 28/100 (308.28) feet, more or less, to a point, thence running

N. 43 degrees 16' 41" E. three hundred seventy two and 21/100 (372.21) feet to the point at the place of beginning.

The parcel consists of approximately 7.6 acres.

SECTION 2. In consideration of, and in exchange for, the land described in section 1 being released from the described non-development covenant restriction, the owners of the land proposed for release, Stephen T. Sapowsky, Sr. and Tammy Sapowsky, 436 State Street, Granby, Massachusetts 01033, shall execute, directly upon written request of the department, a new non-development covenant restriction for a term of 10 years that shall cover certain land of these owners located on the southerly side of East State street, Granby, Massachusetts, in addition to land already designated by these owners for a new covenant restriction to be recorded at the Hampshire county registry of deeds.

The additional land consists of a parcel of approximately 25 acres and is shown as Parcel A on Map 8 (revised) of the Granby Assessors Maps, 2004. The 25 acres shall be combined in a new covenant restriction with an adjacent parcel of land of these owners of approximately 39 acres, namely Parcel B on Map 8, already designated by owners to be placed under a new covenant restriction under the department's Farm Viability Enhancement Program. The 39 acres of land so designated and the additional land of 25 acres to be placed under a new covenant restriction, was conveyed to owners by deed dated May 3, 2000, recorded at Hampshire county registry of deeds, Book 5931, Page 188. If these owners fail to execute a new covenant restriction covering the described land, upon written request of the department, the described non-development covenant restriction, dated February 14, 2000, shall be reimposed on the released parcel of land, unless the land has been conveyed or the commonwealth has released or discharged the covenant restriction in its entirety. The additional parcel of 25 acres is more particularly described as follows:

That certain tract or parcel of land (Parcel A) situated in Granby, Hampshire County, Massachusetts, located on the Southerly side of East State Street (a/k/a U.S. Route 202) and is more particularly described as follows:

Beginning at an iron pin located at the northeasterly corner of land now or formerly of G. Nicholas Wohlers as shown on a plan entitled "Plan of Land in Granby, MA Surveyed for "Stephen T. Sapowsky and Tammy G. Sapowsky", dated May 26, 2000, Revised August 27, 2001 and recorded in the Hampshire County Registry of Deeds in Plan Book 189, Page 87, thence running

Easterly on the Southerly side of East State Street two hundred sixty six (266) feet, more or less, to a point, thence turning and running

Southerly one thousand three hundred eighty eight (1,388) feet, more or less, along other land of Stephen T. Sapowsky and Tammy G. Sapowsky, thence turning and running

Westerly seven hundred sixty nine (769) feet, more or less, to a point, thence turning and running

Northerly four hundred thirty five and 20/100 (435.20) feet to a point, thence running

Northerly two hundred one and 84/100 (201.84) feet to a point, thence turning and running

Westerly two hundred fifty (250) feet, more or less, to a point, thence turning and running

Northerly one hundred fifty one (151) feet, more or less, to a point, thence turning and running

Easterly one hundred seventy four and 34/100 (174.34) feet to a point, thence turning and running

Northerly two hundred eighty six and 77/100 (286.77) feet to a point, thence turning and running

Easterly one hundred fifty (150) feet to a point, thence running

Easterly one hundred forty nine and 89/100 (149.89) feet to a point, thence turning and running

Southerly forty six and 01/100 (46.01) feet to a point, thence turning and running

Easterly two hundred ninety nine and 84/100 (299.84) feet to a point, thence turning and running

Northerly three hundred twenty eight and 34/100 (328.34) feet to the point of beginning.

Containing approximately 25 acres.

Being a portion of the premises conveyed to Stephen T. Sapowsky (a/k/a Stephen T. Sapowsky, Sr.) and Tammy Sapowsky (a/k/a Tammy G. Sapowsky) by deed dated May 3, 2000 and recorded at Hampshire County Registry of Deeds in Book 5931, Page 188.

SECTION 3. Except as partially released by the recording of the certificate of partial release described in section 1, as authorized by this act, the referenced non-development covenant restriction shall remain in full force and effect.

SECTION 4. The last sentence of the first paragraph of subsection (a) of section 279 of chapter 149 of the acts of 2004 is hereby amended by striking out the words "and Veterans Memorial Rink, Waltham" and inserting in place thereof the following words:- Veterans Memorial Rink, Waltham; and Daly Memorial Rink, Brighton district of the city of Boston.

SECTION 5. Section 121 of chapter 352 of the acts of 2004 is hereby repealed.

Approved June 28, 2005.

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