TR-86-7 i
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TOWN OF AGAWAM
:11 36 MAIN STREET AGAWAM, MASSACHUSETTS O1001
Tel. 413-786-0400
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March 25, 1986
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TO WHOM IT MAY CONCERN:
I herewith certify that a Regular meeting of the Agawam Town s r;
Council held on March 17, 1986, in the Agawam Public Library,
Cooper St. , Agawam, MA. , the following was voted:
ITEM 6.1 TR-86-7 - Resolution authorizing the Town Manager
to execute Agricultural Preservation Restriction
and Co-Holders Agreement relative to the purchase
1 of the development rights for property owned by Eva
S. Kerr located at 667 North West St. , Feeding Hills,
MA.
Councilor Trehey moved the resolution; seconded by Councilor DeForge.
VOICE VOTE: UNANIMOUS
1 ATTEST:
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' Richard M. Theroux
Town Clerk
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TOWN OF AGAWAM
Jo
36 MAIN STREET AGAWAM, MASSACHVSETTS 01001
Tel. 413-788-0440
EXECUTIVE GIRDER NO. 85
' EXECUTIVE ORDER OF THE MANAGER EXECUTING CO-
HOLDER 'S AGREEMENT AND AGRICULTURAL PRESERVATION
' RESTRICTIONS FOR LAND LOCATED AT NORTH WEST
STREET, FEEDING HILLS, MASSACHUSETTS
Pursuant to the powers vested in me by the Charter, Section 3-4,
Paragraph (j ) Powers & Duties, I hereby execute the Co-Molders
Agreement between the Commonwealth of Massachusetts (Commissioner
of Food and Agriculture) and the Town of Agawam for land of
Eva S. Kerr located at 667 North West Street, Feeding Hills, MA.
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Purpose of Agreement: In accordance with Section 11A of Chapter 132A
' of the General Laws as amended, the Commonwealth proposes to acquire
an Agricultural Preservation Restriction as defined by Section 31
of Chapter 184 of said General Laws as amended on a parcel of land
in Agawam situated on North West Street and the Town of Agawam wishes
to hold title to such land jointly with the Commonwealth.
Said Agreement is herewith placed on file in the Offices of
the Town Clerk and Council Clerk.
DATED THIS At h DAY OF Anril + 1986
Reid S. Charles, Town Manager
App ov d as to form & legality
Town Solicitor
Approved Dir. , Ping. & Comm. Dev. M
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Approve as � appropriation
Town A(�couniant
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Staff Review Complete
Executive Assistant to the Manager
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CO-HOLDERS AGREEMENT
The Commonwealth of Massachusetts
' Department of Food & Agriculture
EVA S. KER.R.
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This agreement by and between the Commonwealth of Massachusetts, acting
' by and through its Commissioner of Food and Agriculture (hereinafter referred
to as "Commonwealth") and the Municipality of Agawam
acting by and through its Board of selectmen (City Council) (hereinafter
' referred to as "Municipality") .
WHEREAS in accordance with Section 11A of Chapter 132A of the General Laws
ras amended, the Commonwealth proposes to acquire an Agriddltural Preservation
Restriction as defined by Section 31 of Chapter 184 of said General Laws as
amended on a parcel of land in the Municipality situated on
667 Northwest Street; and
' WHEREAS the Municipality wishes to hold title to such land jointly with
the Commonwealth;
' NOW THEREFORE the Municipality covenants and agrees to provide assistance
' satisfactory to the agricultural lands preservation committee in accordance
with said Section 11A as follows:
' a. Toward the purchase of such restriction the sum of
rOne Thousand Dollars.
(s_ 1,006,00 ) Dollars.
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b. Legal Services as may be reasonably required to
complete .said acquisition.
c. The enforcement of said preservation restriction
in accordance with its terms and conditions, the
provisions of said Section 32 and the Regulations
issued pursuant thereto.
' The Commonwealth covenants and agrees that:
' a. The aforesaid restriction shall be held jointly
by the Commonwealth and the Municipality as
Provided in said Section ]IA..
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b. Any consideration received for the release, in whole or in part, of the
aforesaid restriction shall be a 99
apportioned and paid,
per cent thereof to the Commonwealth, and 1 per cent
thereof to the Municipality, such apportionment being made in proportion
' to the respective funds contributed by the Commonwealth and the
Municipality toward the purchase of said restriction.
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Executed under seal this day of 19
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The Cueal.th of t � sachusetts Town/ aawam
by • . .r!L�'3 �.y L't �' by
(cd issioner) Reid S. Charles, Tgwn Manager
COMMONWEALTH OF MASSACHUSETTS
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' Suffolk ss
Then personally appeared the above named
' Comaissioner of Food & Agriculture and acknowledged the foregoing instrument to be
' the free act and deed of the Commonwealth of Massachusetts, before me
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Notary Public
' COMMONWEALTH OF 1ASSACHUSETTS
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Hamp
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Then personally appeared the above named Reid 9, Chsirles
' and acknowledged the foregoing instrument to be the free
act and deed of The Town/City of Agawam before me
' Notary Public
Approved as to Form
Department of the Attorney General
' BY:
DATE:
Town Counsel
' BY-
DATE;
SEE ATTACHED CERTIFIED VOTE OF THE TOWN COUNCIL AUTHORIZING THE TOWN
" MANAGER TO EXECUTE THIS AGREEMENT
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MUNICIPAL APPROVAL CERTIFICATION
Department of Food & Agriculture
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I, the undersigned, being the duly elected clerk of the Town of
hereby certify that at a meeting of the
' registered voters of said Town duly called and held on
at which meeting a quorum was present and voting
' throughout the Board of Selectmen were authorized to enter into an agreement
with the Commonwealth of Massachusetts pertaining to the acquisition of an
' Agricultural Preservation Restriction in land on street,
'in accordance with the vote, attested copy of which is attached hereto.
I further certify that the duly elected members of said Board are:
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' and that, as of the date of this certificate they are respectively incumbent in
said office.
Executed under seal, this day of . 19
' Clerk, as aforesaid
Approved as to Legal Form:
Ralph Atkins, Town Solicitor
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COMMONWEALTH OF MASSACHUSETTS
AGRICULTURAL PRESERVATION RESTRICTION
Eva S. Kerr , of
Agawam , Hampden County, Massachusetts (the
"Grantor"), being married (or an Individual , trust or corporation
organized .} , with an address at 667 Northwest Street, Agawam, MA 01001
for consideration Of Ninety Eight Thousand Five Hundred Dollars '
($ 98,500.00 } paid, grant to the Commonwealth of Massachusetts
acting through the Commissioner of Food and Agriculture (the "Commissioner")
with an address at 100 Cambridge Street, Boston, Massachusetts, its
successors and assigns ("the "Grantee") , and the Town of
Agawam acting through its Conservation Commmission
an Agricultural Preservation Restriction (the "Restriction") in perpetuity
on those parcels of land located in the Municipality of Agawam
and described in Exhibit A attached hereto and incorporated herein by
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reference (the "Premises") in accordance with the following terms and
conditions:
• A. The Grantor covenants for themselves, their heirs,
idevisees, legal representatives, successors and assigns, that the Premises
will at all times be held, used and conveyed subject to, and not used
in violation of, the following restrictions as said restrictions may be
limited or affected by the provisions of Paragraph B below:
(1) No building, residential dwelling, tennis
' court, artificial swimming pool , asphalt
driveway, road, parking lot, mobile home,
utility pole, tower, conduit or line or other
temporary or permanent structure or improvement
requiring construction shall be constructed,
placed or permitted to remain on the Premises,
except structures existing on the Premises at
the time of the execution of this Restriction.
(2) No loam, peat, gravel , soil , sand, rock or
other mineral resource, or natural deposit
shall be excavated, dredged, or removed from
the Premises unless approved by the Grantee under
Section C, herein.
PUBLICATION#: 14155-7-100-9-85-CR
APPROVED BY: Daniel Carter, State Purchasing Agent
r (3) No soil, refuse, trash, vehicle bodies or
parts, rubbish, debris, junk, waste, low
level radioactive or hazardous waste or
other substance or material whatsoever shall
be placed, stored, dumped or permitted to
remain on the Premises except in connection
with the agricultural use of the Premises.
(4) No use shall be made of the Premises, and
' no activity thereon shall be permitted
which is or may be inconsistent with the
intent of this grant, being the perpetual
t protection and preservation of agricultural
lands. No activity, including, but not
limited to, drainage or flood control
activities shall be carried on which is
1 detrimental to the actual or potential
agricultural use of the Premises, or
detrimental to water conservation, soil
' conservation, or to good agricultural
and/or forestry management practices or
which is otherwise wasteful of the
natural resources of the Commonwealth of
Massachusetts.
(5) The Premises shall be .cenveyed as a unit, whether
' or not said Premises are comprised, as of the date
of this Restriction, of more than one separate legal
parcel. No subdivision or division of the Premises, or
any portion thereof into two or more lots, whether new
or existing as of the date of this Restriction, shall
be-permitted except that, in accordance with the procedures
set forth under Section C herein, the Grantee may in its
' discretion approve such division of land as it deems
necessary to further the purposes of this Restriction
and General Laws Chapter 184 and 132A.
' (6) No use or development of the Premises other than for
agricultural purposes shall be permitted, including the
' construction and/or placement of one or more dwelling unit(s)
on the Premises.
' S. Notwithstanding any provision of this instrument to the
contrary, the Grantor hereby reserves to and for themselves and their
' heirs, devisees, legal representatives, successors and assigns, all
' other customary rights and privileges of ownership including the
right to privacy and to carry out regular agricultural practices, and
the right to conduct or permit the following activities on the Premises:
(1) The maintenance and use of existing trails and
farm and wood roads on the Premises, substantially
in their present condition or as reasonably necessary
for the uses thereof or hereinafter permitted.
' (2) The construction or placing of buildings or structures for
agricultural purposes only, including buildings for related
retail sales, construction or placing of one or more residential
dwelling unit(s), including appurtenant improvements and
amenities, including but not limited to an asphalt driveway,
septic system, water system, and other utilities, all to be used
for family living, structures for housing seasonal agricultural
' employees or other agriculturally related purposes, all subject.
to the prior written approval of the Grantee as provided in
Paragraph C hereof.
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(3) The installation, maintenance, repair, re-
placement, removal and relocation of utility
I facilities and services over the Premises for
the purpose of providing utility services to
the Premises and unrestricted land of the
Grantor as shown on Exhibit 8 attached hereto
I and incorporated by reference, and the right
to grant easements over the Premises for such
utility purposes in accordance with the
' provisions of Massachusetts General Laws,
Chapter 184, Section 32. As used herein, the
term "utility facilities and services" shall
I not include sanitary disposal systems serving
any residential or non-residential use of land.
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C. She parties hereby covenant and agree that prior to the
Iconstruction of any building or structure provided for in Paragraph
IB (2) and for all other approvals required from the Grantee
relative to this Restriction, the following procedure shall be
followed:
(1 ) The Grantor shall notify the Grantee, in
writing of any intended use or intent to
engage in any activity when such use or
activity ( including construction) requires
approval hereunder, and shall submit to the
Grantee plans and such other information as
the Grantee requires to reasonably determine
I that the use, activity, structure or building
is consistent with the purpose of this Agricul-
tural Preservation Restriction. Prior to
making an application for approval under this
I section, the owner shall not secure other applicable
permits required by local law, prior to notifying
the holder(s) of the restriction of an intended
Iuse, activity, or structure requiring approval .
(2) The Grantee shall approve, with or without
' conditions, only upon finding that (a) the
proposed use, activity, structure or building
is authorized by this Agricultural Preservation
Restriction C*neral Laws Chapter 184 and
132A,(b) that said use , activity, structure
or building shall not defeat or derogate from
the intent of this Agricultural Preservation
I Restriction to provide for the perpetual
protection and preservation of agricultural
lands, and (c) in the case of a co-holder that
I ..the co-holder has made findings under(a) and (b)
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of this paragraph. If based on said findings,
the Grantee shall approve, or approve with
conditions said request, it shall issue a
certificate of approval suitable for recording.
Said certificate shall include the language
' of Paragraph A, (5) of this restriction. If
the Grantee is unable to make the findings
necessary for approval it shall state in
writing its reason therefore to the Grantor.
(3) The Grantee reserves the right to inspect
approved use, activity, structure or building
for conformity with its Certificate of Approval .
In the case of a building or structure, upon ,
its satisfactory completion in accordance
' with said approval , the Grantee shall issue
to the Grantor a Certificate of Completion in
recordable form, which when executed by the
Commissioner of Food and Agriculture and duly
' recorded shall be binding on all co-holders
of this restriction.
' The foregoing Restriction is authorized by Massachusetts General
Laws Chapter 184, Sections 31 through 33, and Chapter 132A,
' Sections 11A through 11D, and otherwise by law, and is intended
to insure the protection and preservation of agricultural lands.
This Agricultural Preservation Restriction shall be adminis-
tered on behalf of the Grantee by the Commissioner, or if jointly
held with a municipality, jointly and severally, by the Board of
Selectmen and Conservation Commission or where no such conservation
commission has been established, as otherwise provided by General
Laws,Chapter 132A, Section 11A. This restriction shall be inforced
by the Grantee as it in its sole discretion may decide. Nothing
' herein shall impose upon the Grantee any duty to maintain or require
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that the Premises be maintained in any particular state or
condition, notwithstanding the Grantee's acceptance hereof.
The Agricultural Preservation Restriction hereby conveyed
does not grant to the Grantee, to the public, or to any other
person any right to enter upon the Premises, except that the
Grantor hereby grants to the Grantee and its successors at law
thereto, the right to enter the Premises in a reasonable manner
and at reasonable times, for the purpose of inspecting the Premises
to determine compliance herewith, of enforcing this Agricultural
Preservation Restriction, or of taking any and all actions with
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respect to the Premises as may be necessary or appropriate with
or without order of -court, to remedy or abate any violation
' hereof. The rights hereby granted shall be in addition to, and
not in limitation of, any other rights and remedies available to
' the Grantee for enforcement of this Agricultural Preservation
' Restriction.
The Agricultural Preservation Restriction hereby imposed is
iin gross and is not for the benefit of or appurtenant to any
particular land and small be assignable to any other governmental
or any non-governmental non-profit organization whose purposes..,.
include conservation of natural areas. The burden of this Agricul-
tural Preservation Restriction hereby imposed sed shall run with the
premises and shall be binding upon all future owners of any
interest therein. This restriction may only be released, in whole
or in part, by the Grantee by the procedures established by Section
32 of Chapter 184 of the General Laws, as amended.
1 If any section or provision of the restriction shall be held
to be unenforceable by any court of competent jurisdiction, this
restriction shall be construed as though such section had not
been included in it. If any section or provision of the restriction
shall be subject to two constructions, one of which would .render
such section or provision invalid, then such section or provision
' shall be given the construction that would render it valid. If any
section or provision of this deed restriction is ambiguous, it shall be
interpreted in accordance with the policy and provisions expressed in .
the General Laws, Chapter 184, Sections 31 through 33 and General
Laws, Chapter 132A, Sections 11A through 11D and the regulations
ipromulgated in accordance with said Chapters.
This instrument is not a deed. It does not purport to a
transfer of a' fee interest to the Grantee. No Massachusetts deed
excise tax stamps are affixed hereto as none are required by
General Laws Chapter 54D, Section 1 as amended.
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4' RESOLUTION NO., TR-86-7 -F 'j4k *
A Resolution authorizingthe Town Manager to execute Agricultural
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Preservation Restriction and Co-Holders Agreement relative to the
' purchase of the development rights for property owned by Eva S. Kerr
located at 667 North West Street, Feeding Hills, MA.
WHEREAS, Council approval is necessary to authorize the Town Manager to
' execute Co-Holders Agreement and Agricultural Preservation Restriction relative
to land of Eva S. Kerr at 667 North West Street, Feeding Hills, MA,-
WHEREAS, it is in Agawam's best interests for said documents to be
executed; '
THEREFORE, the Town Council hereby authorizes the Town Manager to
execute the Co-Holders Agreement and Agricultural Preservation Restriction
1 relative to land of Eva S. Kerr located at 667 North West Street, Feeding Hills,
MA.
DATED this day of . March 1986•
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drew C. Gall , Town Council President
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' Approved as to Fours:
Ralp L. Atkins, Esquire
' Town Solicitor
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