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Session Law

2008

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Chapter 272 AN ACT PROVIDING FOR THE RELEASE OF CERTAIN LAND IN THE TOWN OF DEERFIELD FROMTHE OPERATION OF AN AGRICULTURAL PRESERVATION RESTRICTION.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith provide for the release of a portion of an agricultural preservation restriction on certain land in the town of Deerfield, 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 32 of chapter 184 of the General Laws and notwithstanding the requirements of sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, the former referred to in this act as the commissioner and the latter as the department, may execute a certificate of release of a portion of the land covered by that agricultural preservation restriction granted by Carlos E. Allen, referred to in this act as the former owner, to the Deerfield Land Trust, Inc. recorded July 27, 1999 in the Franklin county registry of deeds, book 3524, page 312, referred to in this act as the APR land. Said agricultural preservation restriction was assigned to the commonwealth, by an assignment recorded April 6, 2000, in the Franklin county registry of deeds in book 3613, page 75, said restriction referred to in this act as the original APR. The portion of the APR land to be released is more particularly described as follows:

One certain parcel of land, containing approximately 0.25 acres more or less, and located on the easterly side of Greenfield Road in Deerfield, Franklin County, Massachusetts, being a portion of Assessor’s lot 86-7, and bounded on the south by land of Albert J. Dray; bounded on the west by Greenfield Road; and bounded on the north and east by the remainder of the land comprising Assessor’s lot 86-7.

This parcel, referred to in this act as the APR release parcel, is to be shown on a plan of land to be prepared and that shall be approved by the town of Deerfield and recorded in the Franklin county registry of deeds with the certificate of release.

SECTION 2. The land covered by the original APR is now owned by Molenaar LLC, also known as Pioneer Gardens, Inc., referred to in this act as the current owner, which term shall include its successors and assigns. The APR release parcel is a portion of Assessor’s parcel 86-7 and shall be transferred by the current owner to Albert J. Dray, referred to in this act as Dray and which term shall include his successors and assigns, who is the owner of other land located near the APR land. The land owned by Dray includes a certain parcel of land consisting of 1.8 acres, more or less, that is Assessor’s Parcel 87-13, and which is hereinafter referred to in this act as the APR new parcel, and is to be shown on a plan of land to be prepared that shall be approved by the town of Deerfield and recorded in the Franklin county registry of deeds with the plan for the APR release parcel and the certificate of release. Dray has agreed to and shall concurrently with the transfer of the APR release parcel from the current owner to Dray, transfer by deed the APR new parcel to the current owner for the parcel’s agricultural value as determined by the appraisals described in this act, said consideration for the transfer being by agreement of current owner and Dray.

SECTION 3. In consideration of the release of the APR release parcel to be transferred to Dray from the original APR and the transfer of the APR new parcel to the current owner, the current owner shall execute, concurrently with the 2 described land transfers, a new agricultural preservation restriction, in this act referred to as the new APR. The new APR shall prohibit the construction of any dwellings on the subject land and contain an option running in favor of the commonwealth to purchase the land at agricultural value. The new APR shall cover certain other land located near the original APR on the northerly side of Wells Cross road, which land is owned by the current owner and subject to a separate agricultural preservation restriction granted by Carlos E. Allen to the commonwealth and recorded on April 27, 1995 in the Franklin county registry of deeds in book 2993, page 159. The new APR shall also cover the APR new parcel. The new APR shall be recorded in the Franklin county registry of deeds. In consideration of the release from the original APR and the transfer to Dray of the APR release parcel, Dray and the current owner have agreed, in consideration of the release from the original APR and the transfer of the APR new parcel, to obtain at their sole and own expense, appraisals of each parcel to be transferred or updated current appraisals conforming to department standards and satisfactory to the commissioner and to the department. Dray and the current owner shall also obtain at their own expense surveys of each parcel together with plans from a licensed and qualified land surveyor to be approved by the town of Deerfield and recorded in the Franklin county registry of deeds, also at their sole and own expense, said surveys and plans to be acceptable to the commissioner and the department.

SECTION 4. If the fair market value of the APR release parcel is greater than the fair market value of the APR new parcel, as determined by the appraisals, Dray shall pay the difference in value to the department or to a non-profit agricultural land preservation organization, approved by the department. Such payment shall be used to acquire new agricultural preservation restrictions or for other agricultural land preservation in the Deerfield area, pursuant to guidelines and time requirement to be established by the department. No additional consideration shall be due to Dray in the event that the fair market value of the APR release parcel is less than the fair market value of the APR new parcel.

SECTION 5. If the current owner fails to execute the new APR or transfer the APR Release Parcel to Dray or fails to perform any other duty required under this act, all as determined by the department, or if Dray fails to transfer the APR new parcel to the current owner or to make the payment to the department or the agricultural land preservation organization as required by section 4, or fails to perform any other duty required by this act, as determined by the department, the certificate of release shall not be executed or recorded.

SECTION 6. Except as partially released by the recording of the certificate of release authorized by this act, the original APR shall remain in full force and effect.

Approved August 6, 2008


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