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An Act providing for a partial release of certain land in Sunderland from the operation of an agricultural preservation restriction.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith provide for the partial release of an agricultural preservation restriction on certain land in the town of Sunderland, 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 40E 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 in this act, from that agricultural preservation restriction containing approximately sixty acres, hereinafter referred to in this act as the APR, granted by Charles N. Warner and Jacqueline M. Warner, hereinafter referred to in this act as the owner, to the commonwealth, dated December 22, 1992, recorded in the Franklin county registry of deeds in book 2730, page 0029.
The parcel of land to be released from the agricultural preservation restriction 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 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.
Lot 3 was erroneously included in the description of the land subject to the APR. At the time the APR was granted in 1992, a multi-family residence already existed on the Lot 3 parcel and is still located thereon. The owner and the commonwealth did not intend that the Lot 3 house parcel be included in the land subject to the APR.
SECTION 2. Except as partially released by the recording of the certificate of partial release covering Lot 3 as described in section 1, the APR shall remain in full force and effect.
SECTION 3. This act shall take effect upon its passage.