TR-93-25 �9/93
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A Resolu Ion A7thorixing the Order of Taking Under the
Authority of Section 1 of Chapter 79 of the General Laws of the
Commonwealth of Massachusetts for the property known as "Tuckahoe
Turf Farm" , located along Pine Street and South West Street,
containing approximately 292 Acres, identified as Parcels D5-1-1
and C7-2-4 in Feeding Hills/Agawam, Hampden County, Massachusetts.
WHEREAS, it is in the best interest of the Town of Agawam to
preserve open space, to provide for passive and active recreation,
to assist the state in the expeditious completion of the Route 57
expansion and to provide for future expansion of municipal
facilities, including but not limited to school facilities.
WHEREAS, The 1986 "Open Space and Recreation Plan" has
recommended the acquisition of the Tuckahoe Turf Farm to be used
for both passive and active recreation; and
WHEREAS! It is desirable that the Town of Agawam acquire said
property now; and
WHEREAS, the Town Council has appropriated the sum of One
Million One Hundred Thousand and 00/100 ($1, 100, 000.00) Dollars for
acquisition of said property; and
NOW THEREFORE, the Agawam Town Council under the authority vested
in it by Massachusetts General Laws, Chapter 79, Section 2, hereby
resolves as follows:
(a) That the Town of Agawam adopt an Order of Taking by
eminent domain pursuant to Massachusetts General Laws, Chapter 79,
Section 1, of the property known as "Tuckahoe Turf Farm", located
along Pine Street and South West Street, containing approximately
292 Acres, identified as Parcels D5-1-1 and C7--2-4 , in Feeding
Hills/Agawam, Hampden County, Massachusetts more particularly
described in the following deeds recorded in the Hampden County
Registry of Deeds:
' (1) A deed dated February 29, 1984 and recorded at Book 5574,
Page 220;
(2) A deed dated December 20, 1982 and recorded at Book 5364,
Page 135;
(3) Any and all other property owned by Tuckahoe Turf Farm,
Inc. and LakevUle Land Investment Company, in the Town
of Agawam. (See Appendix A which is attached hereto and
incorporated herein by reference for complete legal
description) ;
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(b) Said Order of Taking shall be for the municipal purposes
of preserving open space, to provide for passive and active
recreation, to assist the state in the expeditious completion of '.
the Route 57 expansion, to provide for future expansion of
municipal facilities, including but not limited to school
facilities.
(c) Said Order of Taking shall entitle the Town of Agawam to
take the above described property in fee, together with and
including all structures affixed thereto and all trees thereon, as
well as, with the benefit in fee of all rights therein both legal
and equitable, including but not limited to all estates,
privileges, appurtances, restrictions, conditions and all estates
and rights of reverter. The present owners of the property shall
have the right of reasonable access at reasonable times to maintain
and harvest their sod crop in a manner consistent with their prior
operations on the property. In no event shall said right extend
beyond November 30, 1994 , and when the present owners have
completed the harvest, their rights hereunder shall terminate.
(d) The present owners of the property herein described shall
be entitled to damages in accordance with Massachusetts General
Laws, Chapter 79, Section 6, in the amount of One Million One
Hundred Thousand and 00/100 ($1, 100, 000 . 00) Dollars. The right to
said damages shall vest upon the recording of the Order of Taking
as set forth in Massachusetts General Laws, Chapter 79, Section 3 .
(e) The Town Treasurer is hereby authorized to pay the sum of
One Million One Hundred Thousand and 00/100 ($1, 100, 000 . 00) Dollars
to the present owners of the property herein described or their
heirs, executors, administrators, successors or assigns as
specified above. The Town Treasurer shall pay the above sum from
monies approprated by the Agawam Town Council for the purposes
' expressed above.
(f) The Town Clerk is hereby authorized to certify said Order
of Taking and cause it to be recorded in the Hampden County
Registry of Deeds within thirty (30) days after adoption in
accordance with Massachusetts General Laws, Chapter 79 , Section 3 .
' (g) The Town clerk shall, upon recording said Order of Taking
in the Hampden County Registry of Deeds, in the name and on behalf
of the Agawam Town Council give notice to every person, including
every mortgagee of record, whose property has been taken or who is
otherwise entitled to damages on account of said taking. Said
notice shall be given in accordance with Massachusetts General
Laws, Chapter 79, Section 7C. The Town Clerk shall also give all
other notices required under Massachusetts General Laws, Chapter
79. _
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DATED THIS 71H DAY OF JUNE , 1993 .
PER ORDER OF THE AGAWAM TOWN COUNCIL -
tJa s D. Taylor, President
Agawam Town Council
APPROV O D AS T FORM AND LEGALITY
I
homas S. Locke, Solicitor
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-5 of
the Agawam Charter, as amended, I hereby approve the passage of the
above legislation on this UN day of
--IriE 1993.
istoph r C. hnson, Mayor
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APPENDIX A
Parcel #1: The premises situated an the Westerly side of Pine Street, bounded:
. Northerly by land now or formerly of Cuba Connecticut
Tobacco Company and by land now or formerly of Nelson G.
King,
Easterly by said Pine Street,
Southerly by land known as Ross Lot, and
Westerly by land now or formerly of Cuba Connecticut
Tobacco Company.
Containing about twenty-six (26) acres, more or less.
This parcel is conveyed subject to and with the benefit of all easements,
restrictions, and covenants of any nature insofar as the same are of record or by
prescription.
This Parcel #L being the premises conveyed toTuckahoe Turf farms, Inc. by deed of
Richard M. Taylor and Marjorie W. Taylor, dared February 29, 198L, recorded in
the Hampden County Registry of Deeds in Book 5574, Page 220.
Parcel #2: Be;inning at an iron pin on the easterly line of South west Street, said
iron pin being also the southwesterly corner of land now or formerly of Frank and
Marion Coupas in the Town of Aga-arn, Hampden County, Massachuse tts;
Thence running S. 700' 29' 02" E. along the southerly line of land of said Coupas a distance of 3u3.04 feet to a bound;
Thence running N. l90 27' 45" E. along the easterly Lire of land of said
Coupas, land now of formerly o4 John C., Jr. and Mona L. Daponce, land now or
formerly of Gerald W. and Maureen E. Gendron, and land now or formerly of
Gerard S. and Carol A. Satkowski, a total distance of +186.09 feet to a bound at
land now or formerly of Pheasant hill Village association;
Thence running 5. 84o 31' 11" E. a distance of 137.95 feet to a bound;
Thence running S. 920 1 V 15" E. distance of 510.49 feat to a point;
Thence running S. 830 4l' 04" E. a distance of 360.40 feet to a bound,
the last three courses herein desc_ibed being measured along the .
southerly line of said Pheasant Hill Village Association;
The—ice running 5. Oa° 16' 44" W. along land of said Pheasant Hill Village
Association and the westerly line of land now or formerly of Philip J.
' Hendel, Trustee, a total distance of 412-42 feet to a bound;
Thence running S. 790 527 39" E. along land now or formerly of Philip J.
Hendel, Trustee, Bunker Hill Road, and land of said Philip J. Hendel,
Trustee, a total distance of 357.09 feat to a bound;
Thence running S. 230 22' 21" W. along land of said Philip J. Hendel,
Trustee, a distance of 33.00 feet to a point;
Thence running S. 230 13' 07" W. along the westerly line of land of said
Philip J. Hendel, Trustee, land now or formerly of Thomas A. and
Geraldine S. Wright, land now or formerly of David A. and Janine A.
Niedziela, land now or formerly of Anthony A., Jr., and Dianne Parelli,
and land now or formerly of Peter A. Johnson, a total distance of
546.72 feet to a bound;
Thence running S. 19° 02' 15" W. along the westerly line of land of said
Johnson, land now or formerly of Norman V. and Carolyn Villeneuve and
land now or formerly of Thomas 3. and Dianne M. Qrzal, a total s
distance of 307.47 feet to a bound;
Thence running S. 120 18, 32" W. along the westerly line of land of said
Drzal, a distance of 173.87 feet to a point;
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Thence running S. 100 16' 23" W. along the westerly Line of land of said
Taylor a distance of 772.72 feet to a bound on the northerly tine of land
now or formerly of Donald H. and Jean W.Taylor;
Thence running N. 730 53' 58" W. along the northerly Line of Land of said,.. . . . .
Taylor and the northerly line of land now or formerly of Geraldine
Liquori, a total distance of 1093.45 feet to a bound;
Thence running S. 07a 56' 54" E. along the westerly Line of land of said
Liquori a distance of 621.97 feet to a tree at land now or formerly of
Elwyn 3. and Norma Noble;
Thence running 5. 800 08, 06" W. along the northerly line of land of said
iNoble a distance of 99.97 feet to a point;
Thence running S l0° 45, 09" W. along the westerly line of land now or ,
formerly of Joseph L. and Jean V. Nacewicz a distance of 333.37 feet
to a bound;
Thence running 5. 86a 43' 42" E. a distance of 1683.1E feet to a bound;
Thence running 5. 850 59' 08" E. a distance of 712.96 feet to a bound;
Thence running 5. 35° 47' 52" E. a distance of 632.73 feet to a point;
Thence continuing S. 350 47' 52" E. a distance of 359.16 feet to a bound
on the westerly line of South Westfield Street, the last four courses
herein described being measured along the southerly tine of land of said
,Nace'vic_;
Thence running S. 00 38' 3�:" W. alan; the westerly line of South
Westfield Street, a distance of 30.06 feet to a bound at land now or
formerly of .Mary R. 5chmaelzle, Trustee;
Thence running N. 850 47' 52" W. a distance of 361.82 feet to a bound;
Thence continuing N. 850 47' 52" W. a distance of 631.39 feat to a
point;
Thence r;:nnino N. 850 55' 08" W. a distance of 726.63 feet to a point,
the last three courses herein described being measured along the
northerly line of land of said Mary R. 5chmaelzle,Trustee;
Thence running 5. 280 35' 34" W. along the westerly line of land of said
Mary R. ScSmaelzle, Trustee, through abound to abound, a total
distance of 576.94 feet;
Thence running S. 260 25' 36" W. a distance of 625.05 feet to a bound;
Thence running S. 140 4 V 45" W. along the westerly line of land now or
formerly of Richard and Marjorie Taylor, a distance of 573.47 feet to a
bound;
Thence running S. 070 40, 21" W. along the westerly line of land now or
formerly of Joseph and Jean Nacewicz a distance of 150.74 feet to a
bound;
Thence running S. 820 28, 29" E. along the southerly fine of land of said
Nacewicz a distance of 505.96 feet to a bound at the northwesterly
corner of land now or formerly of Pasquale J. Liquori;
Thence running S. 09a 43, 35" W. along the westerly line of land of said
Liquori a distance of 627.93 feet to a bound on the northerly line of
land now or formerly of Richard and Marjorie Taylor;
Thence running S. 770 28, 43" W. along the northerly fine of land of said
Taylor a distance of 307.99 feet to a bound;
Thence running S. 59° 13' 06" W. along land of said Noble a distance of
292.92 feet to a bound at land now or formerly of Frederick Mark
7eserskl; .
Thence running N.'40° 21' 54" W. a distance of 159.99 feet to a point;
Thence running N. 630 16' 54" W. a distance of 49.99 feet to a point;
Thence running N. 420 06' 54" W. a distance of i60.98 feet to a point;
Thence running N. 340 56' 54" W. a distance of 509.96 feet to a point at
the southeasterly corner of land now or formerly of Kenneth C. and
Kathleen Puts, the last four courses herein descc'tbed being measured
along land of said Frederick Mark Jeserski;
Thence running N. 290 56' 21" W. along land of said Puts a distance of
150.S5 feet to a point;
' Thence running N. 070 08' 03" W. along the easterly line of land of said
Puls, the easterly line of land now or formerly of William and Veronica
Pirani, the easterly line of land now or formerly of Frederick and Agnes
Robarge, the easterly line of land now or formerly of Kenneth W. and
'fancy Danio, Write Fox Road, and land now or formerly of Joseph C.
Frey, a total distance of 694.00 feet to a point;
Thence running N. 070 23' 02" W. along land of said Frey, land now or
formerly of White Fox Construction Co., for.., land now or formerly of
John J. and Patricia A. Powers, and land now or formerly of Arthur and
Cynthia Roliend, a total disranc_ of 298.69 feet to a point at the
southeaster[y corner of land now or formerly ofMyron and Irene
ibtoraczews'ki;
Thence running N. 070 26' 0t" W. along the easterly line of lard of said
Moraczewski a distance of 673.21 feet to a bound;
Thence running N. 010 07' 04" W. along the easterly line of land of said
Morac_ewski a distance of 383.45 feet to an iron pin;
Thence continuing N. 0 to 07, 04" W. along the easterly line of land now
or formerly of Nellie Palmer and Mary Jane Chapman a distance of
222.45 feet to a bound;
Thence running N. 040 03' 03" W. along the easterly line of lased of said
Palmer and Chapman a distance of 347.53 feet to an iron pin at the
southeasterly corner of land now or formerly of Arthur L. Spear;
Thence running N. 140 48' 08" E. along the easterly line of land of said
Spear a distance of 853.57 feet to a bound;
Thence running N. 790 301 52" W. a distance of 337.00 feet to a tree;
Thence running N. 770 L6' 52" W. a distance of 286.43 feet to a point;
Thence running N. 680 O 1' 52" W. a distance of 274.33 feet to a bound at
the southeasterly corner of land now or formerly of Paul D. and
Lorraine M. Duvall, the last three courses herein described being
measured along the northerly line of land of said Arthur L. Spear;
Thence running N. 340 37' 09" E. along land of said Duvall, and land now
or formerly of Thomas 1. and Carol A. ,lrlesik, a total distance of 273.33
feet to a_bound;
Thence cunning N. 510 43' 17" W. along the northerly line of land of said
Mesik a distance of 62.21 feet to a bound on the easterly line of South
West Street;
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Thence running N. 460 14' 56" E. along the easterly line of South West.
Street, a distance of 126.46 feet to a point;
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Thence running N. 360 59' 56" E. along the easterly line of 5outh West
Street a distance of 170.00 feet to a point;
Thence running N. 210 59, 56" E. along the easterly line of South West
Street a distance of 544.94 feet to an iron pin at the point of beginning.
Being the parcel shown on a plan drawn for The Sixty Trust by ;har,-ner
Engineering Corporation dated January 26, 1979, being Drawing No. A4-L-3227,
and containing V 5.397 acres according to said plan.
This Parcel #2 being the prennises conveyed to Tuckanoe Turf Farms , Inc. by deed of Tht
Sixty Corporation, dated December 20, 1982, recorded in the Hlampden County
Registry of. Deeds in nook 536=, Page 135.
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