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The 192nd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE RELEASE OF AN AGRICULTURAL PRESERVATION RESTRICTION OF CERTAIN LAND IN PLYMOUTH.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the execution of the release of an agricultural preservation restriction of certain land in the town of Plymouth by the commonwealth, 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.  (a) Notwithstanding any general or special law to the contrary, but subject to section 38 of chapter 7C of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, may execute a certificate of release of a 1.22 acre portion of the land encumbered by the agricultural preservation restriction established by grant from Paul J. Whipple, trustee, et al. to the commonwealth dated September 5, 1984 and recorded in the Plymouth county registry of deeds in book 5905, page 150. The parcel of land is currently owned by Nathan N. Withington as trustee of the Whip’s Farm Trust under a declaration of trust dated February 23, 2001 and recorded in the Plymouth county registry of deeds in book 19405, page 263.

(b)  The 1.22 acre portion of the parcel of land over which the certificate of release shall apply is described as follows:

a certain parcel of vacant land containing 1.22 acres, more or less, situated on the southerly side of Doten road, Plymouth, Plymouth county, Massachusetts more particularly bounded and described as follows:

EASTERLY by land now or formerly of Kenneth E. Reback & Mary ONeal as shown on the plan referred to below, two hundred four and 71/100 (204.71) feet;

SOUTHERLY by Lot 52-2 as shown on said plan, two hundred seventy nine and 34/100 (279.34) feet;

WESTERLY by land now or formerly of Claire E. Galletti Trust as shown on said plan, two hundred and 41/100 (200.41) feet; and

NORTHERLY by Doten road as shown on said plan in 2 courses, one hundred sixty seven and 73/100 (167.73) feet and eighty one and 21/100 (81.21) feet.

Said parcel is shown as “Lot 52-1” on a certain plan entitled “Plan of Land Clifford Road and Doten Road Plymouth, Massachusetts”, prepared for Nathan Withington, 74 Old Sandwich road, Plymouth, MA, dated March 21, 2018 and prepared by Merrill Engineers and Land Surveyors, which plan shall be recorded in the Plymouth county registry of deeds.

SECTION 2.  As a condition precedent to the release of the agricultural preservation restriction pursuant to section 1, Nathan N. Withington, as trustee of the Whip’s Farm Trust, shall grant to the commonwealth an amended agricultural preservation restriction on the parcel, but excluding therefrom the 1.22-acre parcel described in said section 1. The amended agricultural preservation restriction shall prohibit the construction of dwellings thereon and shall contain an option for the department of agricultural resources to purchase real estate at fair market agricultural value as defined in 330 CMR 22.02.

SECTION 3.  As consideration for the release of the agricultural preservation restriction pursuant to section 1, Nathan N. Withington, as trustee of the Whip’s Farm Trust, shall pay $12,200 to the department of agricultural resources for deposit into the Agricultural Preservation Mitigation Expendable Trust Fund to be used to acquire new agricultural preservation restrictions or agricultural lands.

SECTION 4.  Nathan N. Withington, as trustee of the Whip’s Farm Trust, shall assume all costs associated with engineering, surveys, appraisals and deed preparation and any other costs as deemed necessary by the commissioner of capital asset management and maintenance to execute the release of the agricultural preservation restriction pursuant to this act.

SECTION 5.  Except as partially released in accordance with this act, the agricultural preservation restriction referenced in section 1, as amended, shall remain in full force and effect.

Approved, August 6, 2020.