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Session Law

2007

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Chapter 28 AN ACT RELEASING A NONDEVELOPMENT COVENANT RESTRICTION ON CERTAIN LAND LOCATED IN THE TOWN OF LEICESTER.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the release of a certain nondevelopment covenant, 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. Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, may execute a certificate of release of a portion of a nondevelopment covenant restriction granted by David A., James A., Marjorie A. and Richard A. Cooper; co-partners dba Coopers’ Hilltop Farm to the commonwealth dated December 17, 1999, recorded in the Worcester district registry of deeds in Book 22391, Page 344, on land located in the town of Leicester. The land to be released consists of 3 parcels being more particularly described as follows:-
A parcel containing 57,964 square feet and is shown as Lot #1 on a “Plan of Land” in Leicester, Massachusetts, owned by David A., James A., Marjorie A. and Richard A. Cooper, prepared by Land Planning, Inc. and dated June 29, 2006; a parcel containing 68,424 square feet and is shown as Lot #2 on a “Plan of Land” in Leicester, Massachusetts, owned by David A., James A., Marjorie A. and Richard A. Cooper, prepared by Land Planning, Inc. and dated June 29, 2006 and a parcel containing 57,238 square feet and is shown as Lot #3 on a “Plan of Land” in Leicester, Massachusetts, owned by David A., James A., Marjorie A. and Richard A. Cooper, prepared by Land Planning, Inc. and dated June 29, 2006.

SECTION 2. Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, may execute a certificate of release of a portion of a nondevelopment covenant restriction granted by David A., James A., Marjorie A. and Richard A. Cooper; co-partners dba Coopers’ Hilltop Farm to the commonwealth dated December 17, 1999, recorded in the Worcester district registry of deeds in Book 22391, Page 344, on land located in the town of Leicester. The land to be released consists of 3 parcels being more particularly described as follows:-
A parcel containing 56,932 square feet and is shown as Lot #1 on a “Plan of Land” in Leicester, Massachusetts, owned by David A., James A., Marjorie A. and Richard A. Cooper, prepared by Land Planning, Inc. and dated June 23, 2006; a parcel containing 56,745 square feet and is shown as Lot #2 on a “Plan of Land” in Leicester, Massachusetts, owned by David A., James A., Marjorie A. and Richard A. Cooper, prepared by Land Planning, Inc. and dated June 23, 2006 and a parcel containing 85,112 square feet and is shown as Lot #3 on a “Plan of Land” in Leicester, Massachusetts, owned by David A., James A., Marjorie A. and Richard A. Cooper, prepared by Land Planning, Inc. and dated June 23, 2006.

SECTION 3. In consideration of, and in exchange for, the land described in sections 1 and 2 being released from the nondevelopment covenant, the owners of the land proposed for release, David A., James A., Marjorie A. and Richard A. Cooper; co-partners dba Coopers’ Hilltop Farm shall purchase and execute concurrently with the described property to be released, a new, 10 year nondevelopment covenant on the following parcel of land being more particularly described as follows:-
A certain parcel containing 11 acres of land located on the east side of Henshaw Street, in Leicester, Worcester County, MA, shown as “1st tract” and “2nd tract” on a plan entitled “Plan of Property of William J. Kosciak and Raymond A. Plotczyk located in southeast part of Leicester, Mass., scale 1”=200’; May 25, 1946”, by E.A. Chamberlin dated May 25, 1946 and recorded in the Worcester district registry of deeds, Plan Book 139, Plan 57. Said parcel is also described in the town of Leicester’s assessor’s records as Parcel 45 A10, 423 Henshaw St., Acreage 11.000, Deed 12578-95.

SECTION 4. Notwithstanding any general or special law to the contrary, the nondevelopment agreement referenced in sections 1 and 2 shall remain in full force and effect except for parcels released from said nondevelopment agreement pursuant to said sections 1 and 2.

Approved March 28, 2007.

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