06-046 haydenville rd planningCORLISS LAW
P. Duke Corliss, Attorney at Law
Phone: (413) 586 -2289 Fax: (413) 586 -0631
Mayor Mary Clare Higgins &
Members of the City Council
City of Northampton
212 Main Street
Northampton, MA 01060
43 Center Street, Suite 101
Northampton, Massachusetts 01060
dukecorliss @hotmail.com
September 30, 2004
RE: Withdrawal of Request for Waiver of Right of First Refusal
For Chapter 61 B: Recreational Land Tax Lien land
Dear Ms. Mayor and City Council Members.
On September 1. 2004, I gave you notice that Paul and Sharon Zukowski owners
of a parcel of land off of Haydenvitle Road. Leeds (]Northampton Tax Parcel - 46 -001.
1. ; acres -; -. Book 1598, Page '145) ( "the. Sellers ") wen selling said parcel to avi
Fleury and Shannon T. Fleury (-the Buyers ").
At that time, the buyers had indicated that they had no intention of having the land
remain under Chapter 61B if the sale was completed. Now they have reconsidered and
decided to have the land remain under Chapter 61 B.
The sellers. therefore, withdraw their request that the Citv either exercise or waive
its' Right of First Refusal pursuan to Chapter 01B.
Please contact me if you require any additional information .regarding this matter.
cc: Wayne Feiden, Director of Planning Department
q Corliss, Attorney
for Paul A. Zukowski
and Sharon Zukowski
{ L OCT - 4 2004
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CORLISS LAW
P. Duke Corliss, Attorney at Law
Phone: (413) 586 -2289 Fax: (413) 586 -0631
HAND DELIVERED
Mayor Mary Clare Higgins &
Members of the City Council
City of Northampton
212 Main Street
Northampton, MA 01060
43 Center Street, Suite 101
Northampton, Massachusetts 01060
dukecorliss @hotmail.com
September 1, 2004
RE: Notice of Intent to sell Chapter 6113: Recreational Land Tax Lien land
Dear Ms. Mayor and City Council Members,
Paul and Sharon Zukowski, of 7 Kania Street, Easthampton, Massachusetts,
owners of a parcel of land off of Haydenville Road, Leeds (Northampton Tax Parcel 06-
046 -001, 31.3 acres + / -, Book 1598, Page 345) ( "the Sellers ") hereby give notice to the
City of Northampton ( "the City ") of their intent to sell said parcel to David M. Fleury and
Shannon T. Fleury ( "the Buyers ") for $70,000.00. Attached is a copy of a Purchase &
Sale between the parties outlining the terms and conditions of this proposed Sale.
This parcel of land is currently valued, assessed and taxed by the City under a
Chapter 61B: Recreational Land Tax Lien. The perspective buyers have indicated that
they have no intention of having the land remain under Chapter 61B if the sale is
completed. The sellers therefore request that the City either exercise o r waive its' Right
of First Refusal pursuant to Chapt 61B.
Please note that this land is currently landlocked and the buyers own an abutting
parcel of land. Please contact me if you require and additional information regarding this
matter.
Sim`re
P. uke Corliss, Attorney
for Paul A. Zukowski
and Sharon Zukowski
PURCHASE ANTS SALE AGREEMENT
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On this J � day of Jay, 2004, Paul A. Zukowski and Sharon Zukowski, of 7 hania
Street, Easthampton, Massachusetts, (hereinafter referred to as the "Seller "), agrees to sell, and
David M_ Fleury and Shannon T. Fleury of 264 Elm Street, Agawam, Massachusetts (hereinafter
referred to as the "Buyer "), agrees to buy, upon the terms set forth below, the following premises:
The premises known as 39 Acres, in the section sometimes designated as Rail -114111, Leeds
(,Northampton), Massachusetts, being the premises conveyed by a deed, dated June 25, 1971
from Paul T. Zukowski and Alexander P. Zukowski to Paul A. Zukowski and Sharon
Zukowski, and recorded with the Hampshire County Registry of Deeds at Book 1598, Page
,45
2. Said premises are to be conveyed to the Buyer by a good and sufficient Warranty deed of the
Seller conveying good and clear record, marketable and insurable title thereto, free from_ all
encumbrances, except:
a. provisions of federal, state, and local laws, ordinances, by -laws, and rules
regulating the use of land, particularly environmental, buildint zoi'no-, health,
rent control, and condominium conversions laws, if any, applicable as of the date
of this Agreement:
such real estate taxes for the then current v ear as are not due and payable on the
date of the delivery of such deed;
C. utility easements in the adjoining ways;
d. any liens for municipal betterments assessed after the date of this Agreement.
e. any and all other covenants, restrictions, and encumbrances of record.
3c S F
Said deed is to be delivered on or before 2004, at 10:00 am at the Hampshire
County Registry of Deeds unless another time and place is mutually agreed upon by the
parties.
4. The agreed purchase price for said pre_ -raises is SEVENTY THOUSAND AND NO/! 00
DOLLARS ($70,000.00). A deposit of THREE, THOUSAND, FIVE HUNDRED and
N0 /100 DOLLARS ($3,500.00) shall be paid upon the execution of this Purchase and Sale
Agreement. The balance of SILTY -SLK THOUSAND, FIVE HUNDRED and N0 /100
DOLLARS ($66,00.00) is to be paid at the time of the delivery of the deed in cash, or by
certified, Massachusetts Attorney Trust Account check or cashier's check.
5. This Agreement is contingent upor. the Buyer obtaining a firm commitment "ron. a bark for a
first mortgage equal to $56,000.00 (SO %) at prevailing interest rags and terra. If the Buyer,
after using all due diligence, fails to obtain_ such a mortgage commitm- ent b,, 5.00 pm on August
5; 31 t ^ ? 004 the Buyer may terminate this Agreemen_ by giving written notice to the Seller's
PZ attornev as agent for the Seller prior to the expiration of that time, whereupon all deposits _ .ade
SZ by the Buyer pursuant to this Agreement shall be returned and all obligations of the pan Cs
hereto shall cease and this Agreement shall become void and without recourse to the parties
hereto. The failure of the Buyer to terminate this Agreement in accordance with the terms of
this Paragraph shall be deemed a waiver of the Buyer's mortgage contingency.
6. Ali deposits shall be held in the escrow account of Corliss Law, of Northampton,
Massachusetts, the Attorney for the Seller herein. until the passing of title or until they can be
discharged to either the Seiler or the Buyer according to the terms stipulated herein.
7. Real Estate taxes shall be apportioned as of the day of delivery of the deed. The taxes
assessed for the 2004 fiscal year shall be paid by the Buyer after apportionment. If the
amount of said taxes is not known at the time of the delivery of the deed, taxes shall be
apportioned on the basis of the taxes assessed on for the preceding fiscal year. with a
reappor`donment as soon as the new tai: rate and valuations can be ascertained; and if the
taxes which are to be apportioned shall thereafter be reduced by abatement due to a change in
the assessed value of the premises. the amount of such abatement, less the reasonable cost of
obtaining the same, shall be apportioned between the parties, provided that neither party shtd.l
be obligated to institute or prosecute proceedings for an abatement unless otherwise agreed.
Seller represents that during Seller's ownership of the premises covered lhy this Agreement,
neither the Seller, the Seller's immediate predecessors in title, nor the Seller's agents disposed
of hazardous wastes or took any action causing a lien to arse under the Massachusetts
Superfund Act, Chapter 21E of the General Laws of the Commonwealth of Massachusetts.
However, the Seller is unaware of, and hereby disclaims any responsibility for, the actions of
any prior owner or owners in the c. ain of title or of any other parry wrongfully responsible
for such disposal during, or prior to, Seller's tenure of title.
9.The Seller represents ghat there are no underground storage tanks on the premises.
10. To enable the Seller to make the conveyance provided for hereir_, the Seller may, if the Seller
so desires, at the time of the delivery of the deed, use the purchase money or any portion
thereof to clear the title of any or all encumbrances or interests; all instruments so procured to
be recorded simultaneously with the delivery of said deed.
11. If after due diligence, the Seller shall be =able to give title as herein stipulated, then the
Seller shall use reasonable efforts to remove any defects in title, and if necessa', the time of
perfonna.nce shall be extended for a perioa not to exceed *Witty (30) days, or to the date upon
which the Buyer`s Mortgage commitment expires, whichever date occurs first. If at the
expiration of the said extended time period the Seller shah have failed so to remove any
defects in title then the Buyer shall have the election, at either the original or any extended
time for performance, to (a) accept suer. title as the Sellcr can deliver to tine premises and to
pay therefor the purchase price without deduction, in which case the Seller shill convey such
title, or (b) to have any payments made under this Agreement re ref
-and.
Upon such reund,
all obligations of the parties hereto shall cease and this Agreement shall be void and without
recourse to the parties hereto. Acceptance of a deed and possession by the Buyer shall be
deemed to be a full performance and discharge of this Agreement, except with respect to
those provisions herein which, by their terms, survive the delivery of the deed..
12. If the Buyer fails to perform. Buyer's obligations under this Agreement, al l the deposits Buyer
has made hereunder shall be retained by the Seller as liquidated damages, which shall
constitute the Seller's sole remedy for Buyer's default under this Agreement. Both parties
specifically consent to the deposits as the acceptable measure of the Seller's damages
regardless of the amount of any subsequent sales price which the Seller r�.ay receive for the
premises.
13. The Buyer acknowledges that the Buyer has not been influenced to enter into this transaction
nor has the Buyer relied upon any warranties or representations not set forth or incorporated
in this Agreement or previously made in writing.
14. Any matter or practice arising under or relating to this Agreement which is the subject of a
title or practice standard of the REBA (the Real Estate Bar Association) of Massachusetts
shall be governed by said standard to the extent applicable.
15. This Agreement, signed in duplicate. is to be construed as a Massachusetts contract, is to take
effect as a sealed instrument, sets forth the entire agreement be weer the parties, is binding
upon and inures to the benefit of all parties hereto and their respective heirs, devisees,
executors, administrators, successors and assigns, and may be canceled, modified, or
amended only by a - written instrument signed by both the Seller and the Buyer. if two or more
persons are named herein. as Buyer, their obligations hereunder shall be joint and several.
16. The Buyer acknowledges that the premises is currently subject to a Chapter 61B Tax Lien.
The Seller shall secure necessary documentation from the City of Northampton to remove
said Chapter 61B lien prior to the delivery of the deed. The Seller shall pay all, if any,
rollback or conveyance tax that results from the removal of the Chapter 61 B status.
17. Tlie buyer acknowledges the the premises is landlocked. Access shall be provided only
through the Buyers abutting land. This tran=saction is contingent on the Buvers satisfying
themselves as to their ability to access the premises through their abutting 1Eind.
IN VviTIvESS WHEREOF, the said parties hereto set their hands and seals on the day and
year first above written.
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Paul A. Zuko 'i - Seller
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!Sharon Zino s ' - Seiler
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David A Fleury — B(iyer
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We, PAUL T. ZUKOWSKI and ALEXANDER P. ZUKOWSKI
of Northampton Hampshire County, Massachtmetts.
in consideration of -- ONE DOLLAR- 31.00)
grant to PAUL A. ZUKOWSKI and SHARON ZUKOWSKI, husband and wife,
as Tenants By The Entirety, both of 119 Bridge Road, Northampton,
Hampshire County, Massachusetts,
V with warreniy rovennnis
th*A&T& ire
A certain tract or parcel of land situated in said Northampton,
between the Village of Leeds and North Farms so called and in the
section sometimes designated as Rail -Hill, more particularly bounded
and described as follows: -
BEGINNING at an iron pin and stones in the corner of an old
fence on line of land formerly owned by Sylvanus Graves; the same
being the Northwest corner of the tract herein described;
thence running N. 88 E. eighteen hundred and forty -eight and
four tenths (1848.4) feet to an iron pin and stones in the edge of a
brook;
thence turning and running southerly, with an interior angle of
ninety -six (96) degrees, nine hundred thirty -four and one tenth
(934.1) feet to an iron pin and stones in a swamp;
thence turning and running Westerly, with an interior angle of
eighty -four (64) degrees eighteen hundred forty -eight and four tenth
(1648.4) feet to an iron pin and atones;
thence turning and running Northerly, with an interior angle of
ninety -six (96) degrees, nine hundred thirty -four and one tenth
(934.1) to the point of beginning, containing about thirty -nine (39)
acres more or less.
For title of the grantors herein, see deed of Teodor Zukowski,
date January 16, 1950, and recorded with the Hampshire County
Registry of Deeds in Book 1064, Page 316.
twenty -fifth day of June 19 71
Execu as a seal instrumen this �p �i/ /►e
PAUL T, ZUO K
ALEXANDER P. ZUKOWSKI
c7iheClJ=an=zUh of Zwathusetts
June 25, 1.971
HAMPSHIRE mss
Then personally appeared the above named PAUL T. ZUKOWSKI and ALEXA.ND.E'R•R� f
ZUKOWSKI
and acknowledged the foregoing inttrument to be their free net and d ed, -
Btfart me, JOAN F. FOLEY Nolan Putilic,
i x A. 0;w4t rAxROCa x
My commiavon expir
June, 25, 1971 at 1 o'clock and28 rain. Pm. Ree'd, 1:1t' -6xam'd.
lei C., V) vim,
FOGEL,
R EY & HALBERT, P.C.
ATTORNEYS AT LAW
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BRUCE A FOGEL
PETER A GERARD
ROBERT G. GHAZEY
LISA L. HALBERT
DAVID FOGEL
(1922 -2001)
November 24, 2004
City of Northampton
Assessor's Office
Municipal Building
212 Main Street
Northampton, MA 01060
Re: 39 Acres more or less, Rail -Hill (so- called) Leeds, MA
(Parcel 0 641d6 -1n1
Gentlepeople:
Please be advised that the 39 Acres, more or less, Rail -Hill (so- called) at
Haydenville Road, Leeds, Massachusetts was recently sold. The new owners of record
for this property as of this date are DAVID M. FLEURY and SHANNON T. FLEURY,
whose mailing address is 264 Elm Street, Agawam, MA 01001; who have committed to
continuing the qualifying use as Chapter 61B,_ recreational land as is evidenced by the
photocopy of the Affidavit enclosed herewith.
If you have any questions with regard to this matter please feel free to contact the
undersigned. Thank you for your attention to this matter.
Ve truly yours,
BMF /tla
Enclosure
Bruce M. Fogel, Esquire
cc: David M. Fleury and Shannon T. Fleury
Mayor Mary Clare Higgins
P. Duke Corliss, Esquire
M: \ USERS \13mfassrkRealEstate\ Purchase \Fleury\Rail- Hill\Assessor -6113
78 MAIN STREET, SUITE 303 1391 MAIN STREET, SUITE 802
NORTI IAMPTON, MA 01060-3195 PLEASE RESPOND TO SPRINGFIELD, MA 0110 3 -16 42
P1IONE (413) 582 -1225 NORTHAMPTON OFFICE PI {ONE: (413) 7840400
FAX: (413) 582 -1233 FAX: (413) 784-0404
AFFIDAVIT RE MASSACHUSETTS
GENERAL LAWS CHAPTER 61B
To: The Assessors of the City of Northampton
Property Address: Rail -Hill (so- called), Leeds, Massachusetts
Parcel ID: 006- 046 -001 (See Book 1548, Page 345)
We, David M. Fleury and Shannon T. Fleury having personal knowledge of the
facts herein stated, under oath, depose and say as follows:
1. We are individuals currently residing at 73 Bridge Street, Coolidge
Village, Apt. 3, Northampton, Massachusetts.
2. We are purchasing as of November 24, 2004 thirty -nine (39) acres, more
or less, located in Leeds, Massachusetts ( "Subject Parcel "). The Subject
Parcel is currently assessed to Paul A. Zukowski and`iSharon Zukowski
and is designated by - the Parcel ID noted above.
3. The Subject Parcel is valued, assessed and taxed pursuant to
Massachusetts General Laws Chapter 61B as Recreational Land and is
subject to the appropriate lien thereunder.
4. We are purchasing the Subject Parcel for the recreational purposes as set
forth in Section 1 of said Chapter 61B. The land will continue to be used
as such at all time through at least June 30, 2005.
E Signed,under the pains and penalties of perjury this 24t' day of November, 2004.
Witness Da d M. Fleury
0 Fm
S on T. Fleury
M: \ USERS \Bmfasst \Real Estat \Purchase \Fleury \Rail- RiI1 \Aff61 B
%1
CITY OF NORTHAMPTON
Mayor Mary Clare Higgins
City Hall
210 Main Street
Northampton MA 01060
(413) 587 -1249
FAX: (413) 587 -1275
mayor @city.northampton.ma.us
October 29, 2004
P. Duke Corliss, Esq.
Corliss Law
43 Center Street, Suite 101
Northampton, MA 01060
Fax Letter (413 -586 -0631) hard copy to follow
RE: Ackowledgement and Acceptance of Withdrawal
of Request for Waiver of Right of First Refusal
For Chapter 6 1 B:Recreational Land Tax Lien land
Dear Mr. Corliss,
The City of Northampton acknowledges the receipt of your letter dated September
30, 2004. Thank you for making the city aware that the Buyers of land owned by Paul
and Sharon Zukowski, off of Haydenville Road, Leeds (Northampton Tax Parcel 06 -046-
001, 31.3 acres + / -, Book 1598, Page 345) now intend to keep the land under Chapter
61B status after their purchase.
The City accepts the withdrawal of your request for a waiver of the City's Right
of First Refusal dated September 1, 2004.
Higgins