The Commonwealth of Massachusetts
PETITION OF:
The Commonwealth of Massachusetts
PETITION OF:
In the Year Two Thousand and Eight.
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An Act providing for a partial release of certain land in Sunderland 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:
HOUSE NO.
The Commonwealth of Massachusetts
IN THE YEAR TWO THOUSAND EIGHT
AN ACT PROVIDING FOR A PARTIAL RELEASE OF CERTAIN LAND IN SUNDERLAND 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. Under section 40 E of chapter 7 and section 32 of chapter 184 of the General Laws, but notwithstanding 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 may execute a certificate releasing a certain parcel of land containing 42,264 square feet according to the plan referred to below, from that agricultural preservation restriction containing approximately sixty acres, in this act referred to as "APR", granted by Charles N. Warner and Jacqueline M. Warner, in this act referred to as "owner", to the commonwealth, dated December 22, 1992, recorded at Book 2730, Page 0029, Franklin county registry of deeds.
The reason for the release of the Lot 3 parcel described below is that Lot 3 was included inadvertently in error in the land subject to the above-referenced Warner APR and description recorded in 1992, rather than being excluded therefrom as was intended. In 1972, twenty years prior to this APR being placed on the property, a multi-family residence was built on the Lot 3 parcel and was located thereon in 1992 and is still located thereon at this date. The owner and the commonwealth did not intend that the Lot 3 house parcel be included under said APR. This bill will provide a release to correct the APR property description error, will remedy a record title question and is in the public good.
The parcel of land to be released is more particularly described as follows:
One certain parcel of land located in Sunderland, Franklin County, Massachusetts with the buildings thereon, being described as Lot 3, containing 42,264 square feet on plan of land entitled Plan of Land in Sunderland, Mass. surveyed for Charles N. & Jacqueline M. Warner dated April 16, 1988 and recorded in the Franklin County Registry of Deeds in Plan Book 75, Page 4, bounded and described as follows: Beginning at an unmonumented point located on the southwesterly line of South Silver Lane at land now or formerly of Carolyn P. Zimnowski; thence N 74° 28 03 W a distance of 216.85 feet HOUSE BILL NO. Page 2 of 2
along land of said Zimnowski to an iron pin at land now or formerly of Roman R. and Olga F. Skibiski; thence N 74° 28 03 W a distance of 103.64 feet to an unmonumented point in the middle of a brook; thence down the centerline of said brook with a tie course of N 7° 34 36 W a distance of 71.05 feet along land of said Warner to an unmonumented point in the middle of said brook and at Lot 2 on said plan; thence N 68° 03 03 E a distance of 239.04 feet to an iron pin located in the southwesterly side of South Silver Lane; thence S 21° 56 57 E a distance of 218.41 feet to an unmonumented point; thence S 18° 58 48 E a distance of 45.50 feet to the place of beginning, the last two courses being along the southwesterly line of South Silver Lane.
SECTION 2. Except as partially released by the recording of the certificate of partial release covering Lot 3 as described in section 1, as authorized by this Act, the APR shall remain in full force and effect.
SECTION 3. This act shall take effect upon its passage.