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Session Law

2006

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Chapter 61 AN ACT RELEASING CERTAIN LAND IN THE CITY OF NORTHAMPTON FROM THE OPERATION OF AN AGRICULTURAL PRESERVATION RESTRICTION.

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 32 of chapter 184 of the General Laws and notwithstanding any other general or special law to the contrary, the commissioner of agricultural resources may release a portion of the agricultural preservation restriction dated June 9, 1983, recorded in Hampshire county registry of deeds at Book 2400, Page 10, said portion being more particularly described as follows: a certain parcel of land in the city of Northampton, located on the westerly side of Florence Road, shown on a plan of land entitled, “Revised Plan of Land in Northampton, Mass., Prepared for C-54 Memorial” by Robert J. LaBarge Sr., dated April 24, 2000, and recorded in Hampshire county registry of deeds, plan book 187, page 41. The parcel is more particularly bounded and described as follows:

Beginning at an iron pipe located on the westerly side of said Florence Road, said iron pipe being the northeasterly corner of the parcel conveyed hereby; thence South 21 degrees, 52 feet, 12 inches West along said Florence Road a distance of 58.44 feet to an iron pipe; thence turning and running North 63 degrees, 17 feet, 23 inches West a distance of 40.95 feet to an iron pipe; thence turning and running North 23 degrees, 16 feet, 47 inches East a distance of 58.33 feet to an iron pipe; thence turning and running South 63 degrees, 17 feet, 23 inches East a distance of 39.51 feet to the iron pipe at the place of the beginning, the last three courses along land of Adams Farm Realty Trust, containing 2,343 square feet of land.

SECTION 2. The above-described parcel shall only be used to build a memorial exhibit in honor of the Army Air Force personnel who died in the crash of a C-54 aircraft on the land covered by the restriction on May 13, 1948. Construction of the memorial shall be supervised by the department of veteran’s services in the city of Northampton. If the parcel is sold or transferred to an entity or person for purposes other than the memorial or ceases to be used for the memorial by the current or future owner the agricultural preservation restriction shall be reimposed on the parcel unless said restriction has been released or discharged by the commonwealth in its entirety in the interim.

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

SECTION 4. This act shall take effect upon its passage.

Approved April 13, 2006.

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