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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 ,CO � �cc v "1 tecE-. t1(3 e 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 k ,"�L> , - r 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. k.. ss C s Wimess Paul A. Zuko 'i - Seller S N: G � . !Sharon Zino s ' - Seiler S SN: David A Fleury — B(iyer i( wKness Sh T. Ike y — Buyer IR I Al T Ub - '16 -ate) ijt1�S— 3.15 4830 C5 w N V C �+ C O yy O 'J e `o o o_ ore s r '. 5 y ^ o ro X �ro 2 44 a R 0 E 3, c � � 0 a R � o � .. g U V V C C C . x o ee u C Y C � z o a V C � _ w E ° � Y y 0 c3 e � o 3 4 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 9�t �J 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