By Mr. Moore, a petition (accompanied by bill, Senate,
No. 46) of Richard T. Moore for legislation to release
certain land in Dudley from the operationof an
agricultural preservation restriction. Bonding, Capital
Expenditures and State Assets. |
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 40 E of chapter 7 and section thirty-two of chapter one hundred eighty-four of the General Laws but notwithstanding the provisions of any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of the department of agricultural resources, the latter being referred to in this act as the “Department”, may execute a certificate of release of a portion of the land covered by that agricultural preservation restriction granted by Stewart D. Peckham and Barbara A. Peckham, in this act referred to as “Former Owner”, to the Commonwealth of Massachusetts and the town of Dudley, dated February 11, 1988, recorded in Book 11743, Page 201, at the Worcester District Registry of Deeds, in this act referred to as the “Original APR”; the portion of the APR land to be released being more particularly described as follows:
One certain parcel of land, located on the westerly side of Dresser Hill Road in Dudley, Worcester County, Massachusetts, shown as “Parcel A” on a plan of land entitled: ²Plan of Proposed Land Transfers in Dudley, Mass., between Thomas Realty, Inc. and Ronald S. Dziembowski and Rhonda L. Dziembowski, February 5, 2001; scale: 1” = 60’; Para Land Surveying, Inc., Southbridge, MA”; said plan to be recorded in Worcester County Registry of Deeds (the “Plan”). Parcel A contains 1.0 acre (43,560 square feet), according to the Plan.
SECTION 2. The land covered by the Original APR is now owned by Ronald S. and Rhonda L. Dziembowski, in this act referred to as “Current Owner” (which term shall include their successors and assigns). The above-described Parcel A is to be transferred by Current Owner to Thomas Realty, Inc., the owner of other, separate land located near the APR land (which owner shall include its successors and assigns), namely a certain parcel of land, 5.44 +/- acres in size and shown as “Parcel B” on the Plan. Thomas Realty, Inc. has agreed to and shall concurrently with the transfer of Parcel A, transfer Parcel B to Current Owner.
In consideration of the release from the Original APR of Parcel A to be transferred to Thomas Realty, Inc., Current Owner has agreed to, and shall execute, concurrently with the two described land transfers, a new, current agricultural preservation restriction, in this act referred to as the “New APR”, prohibiting the construction of future dwellings and containing an option to purchase at agricultural value running in favor of the Commonwealth of Massachusetts. The New APR shall cover both an agreed 30-acre parcel of the Original APR land and also Parcel B being transferred to Current Owner by Thomas Realty, Inc. and shall be recorded at the Worcester District Registry of Deeds. Thomas Realty, Inc. has agreed, in consideration of the release from the Original APR and the transfer to it of Parcel A, to clear and prepare for active commercial agricultural production, two +/- acres of the 30-acre parcel and also approximately three acres of the 5.44 acres of Parcel B, according to certain standards and specifications to be provided by the Department. The area to be cleared by Thomas Realty, Inc. is depicted as “area to be cleared and prepared for cultivation 5.0 acres” on the Plan. Thomas Realty, Inc. has also agreed to donate the sum of two thousand dollars to a non-profit agricultural land preservation organization, approved by the Department, to be used for the acquisition of new agricultural preservation restrictions.
In the event that Current Owner fails to execute the New APR or duly transfer Parcel A, or Thomas Realty, Inc. fails to prepare for agriculture the described two parcels in accordance with specifications of the Department, or fails to make the described donation to the land preservation organization, or fails to duly transfer Parcel B to Current Owner to become subject to the New APR together with the 30-acre parcel, the Original APR shall be reimposed on the released Parcel A, unless it is released or discharged by the Commonwealth in its entirety in the interim.
SECTION 3. Except as partially released by the recording of the above-described certificate of release, as authorized by this Act, the Original APR shall remain in full force and effect.
SECTION 4. This act shall take effect upon its passage.
