TR-93-49 TR--93--49
' A RESOLUTION CONCERNING AGAWAM COUNTRY CLUB
(EMERGENCY MEASURE)
Motion to go into executive session:
Motion is made to go into executive session pursuant to
Massachusetts General Laws Chapter 39, Section 23B, Subsection
(6) for the purpose of considering the purchase, exchange, lease
or value of read. property.
1 '
Roll Call: yeas 0 nays
r
DATED THIS DAY OF NOVEMBER, 1993
PER ORDER OF THE AGAWAM TOWN COUNCIL w
Ya-m—eer D. Taylor, President
Agawam Town Council
c,a
APPROVED AS TO FORM AND LEGALITY
i
' Charles J. clafani 1P
r.
Associate folicitor
CC- � e�
uRC�Q C
cc --\,Sca LLCokb'("
Ce - � ./On" .
C_
r
MAYORAL ACTION
Received this NIA day of , 1993 from Town
' Council Clerk. (Signed by Council President Nov. 15, 1993)
' APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3 , Section 3-6
of the Agawam Charter, as amended, I hereby approve the
passage of the above legislation on this Sixteenth day of
November 1993 .
J-\
cstopheric. (J hnson, Mayor
DISAPPROVAL OF LEGISLATION
' By the powers vested in me pursuant to Article 3 , Section 3-6
of the Agawam Charter, as amended, I hereby veto the passage
' of the above legislation on this day of
1993 for the following reason(s) :
' Christopher C. Johnson, Mayor
' RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this Seyemteenth day of November
, 1993 .
�g3
(CONFIDENTIAL - EXECUTIVE SESSION)
TR-93-49
A RESOLUTION CONCERNING AGAWAM COUNTRY CLUB
' (EMERGENCY MEASURE)
EMERGENCY PREAMBLE
WHEREAS, there is a Mortgagee's Sale of Real Estate by
Public Auction scheduled for Tuesday November 16, 1993 at 11:00
' A.M. for the property known as "Agawam Country Club" which
consists of approximately one hundred seven (107) acres and which
is situated in the Feeding Hills section of Agawam, Hampden
County, Massachusetts;
WHEREAS, in order for the Town of Agawam to protect the
health, safety, welfare and quality of life of the residents of
the Town of Agawam, the Agawam Town Council must take action at
its regular meeting of Monday November 15, 1993; and
WHEREAS, it is in the best interests of the Town of Agawam
to act on TR-93-49 prior to the Public Auction scheduled for
Tuesday November 16, 1993; and
NOW THEREFORE, the Agawam Town Council hereby declares
pursuant to Section 2-9 (b) of the Agawam Home Rule Charter that
an emergency exists and hereby approves this Emergency Preampje. ;
Roll Call: ��! yeas nays r f
DATED THIS f� DAY OF NOVEMBER, 1993
77
PER ORDER OF THE AGAWAM TOWN COUNCIL
_ J
James D. �4ylor, President
Agawam own Council
APPROVED AS TO FORM AND LEGALITY -(
a" vj) Cb"Joj ni"n H 11 Qk
Charles J. SAblarani, PAL
Associate Scrlicitor
MAYORAL_. ACTION
Received this NSA day of , 1993 from Town
Council Clerk. (Signed by Council President Nov. 15, 1993)
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3 , Section 3-6
' of the Agawam Charter, as amended, I hereby approve the
passage of the above legislation on this SiXteenth day of
November 1993 .
is oph r Johnson, Mayor
DISAPPROVAL OF LEGISLATION i =:
By the powers vested in me pursuant to Article 3 , SectionV-3�-6 ....
of the Agawam Charter, as amended, I hereby veto the passage ,)
of the above legislation on this _ day of '%
1993 for the following reason(s) :
Christopher C. Johnson, Mayor
' RETURN OF LEGISLATION TO COUNCIL _CLERK
Returned to Council Clerk this seventeenth day of November
1993.
1
1
"Appoba aoArn-am
f 1b1g3
(CONFIDENTIAL - EXECUTIVE SESSION) ----
o' W7 on 'y 714 3
TR--9 3--4 9 i
ee- C600 ' C kjtjk
CCU U.
A RESOLUTION AUTHORIZING: CC atiQk®r-
SOLICITOR (As Amended 11115193) Q�
' (1) THE MAYOR AND THE WITH MUTUAL CONSENT TO
PLACE A BID NOT TO EXCEED THE FY1993 TOTAL ASSESSED
VALUATION OF THE PROPERTY ON BEHALF OF THE TOWN OF AGAWAM AT
THE PUBLIC AUCTION ON TUESDAY NOVEMBER 16, 19931*OF THE Itr any con-
PROPERTY KNOWN AS "AGAWAM COUNTRY CLUB" WHICH CONSISTS OF t inuat ion
APPROXIMATELY ONE HUNDRED SEVEN (107) ACRES AND WHICH IS thereof (As
1 SITUATED IN THE FEEDING HILLS SECTION OF AGAWAM, HAMPDEN Amended
COUNTY, MASSACHUSETTS; 11 1 15 1 93)
(2) THE APPROPRIATION OF ONE HUNDRED THOUSAND ($100, 000. 00)
DOLLARS FROM THE STABILIZATION FUND TO BE UTILIZED AS THE
BID DEPOSIT AT THE PUBLIC AUCTION ON TUESDAY NOVEMBER 16,
1993I*OF THE PROPERTY KNOWN AS "AGAWAM COUNTRY CLUB" WHICH *or any con-
CONSISTS OF APPROXIMATELY ONE HUNDRED SEVEN (107) ACRES AND tinuation
WHICH IS SITUATED IN THE FEEDING HILLS SECTION OF AGAWAM, thereof
HAMPDEN COUNTY, MASSACHUSETTS; AND (As Amended
' (3) A LOAN ORDER IN THE AMOUNT OF THE SUCCESSFUL BID AUTHORIZED/15I93)
BY PARAGRAPH (1) ABOVE FOR THE ACQUISITION OF THE PROPERTY
KNOWN AS "AGAWAM COUNTRY CLUB" WHICH CONSISTS OF
APPROXIMATELY ONE HUNDRED SEVEN (107) ACRES AND WHICH IS
SITUATED IN THE FEEDING HILLS SECTION OF AGAWAM, HAMPDEN
COUNTY, MASSACHUSETTS.
' (EMERGENCY MEASURE)
-----------------------------------------------------------------
' WHEREAS, it is in the best interests of the Town of Agawam
to preserve open space, to provide for active and passive
recreation and to provide for future expansion of municipal
facilities, including but not limited to recreational facilities;
and
' WHEREAS, the "Open Space and Recreation Plan" which was duly
approved by the Agawam Town Council on October 214 1991 states in c-
Year 1 of the Five Year Plan: "The Town shall seek to encoura c
the Agawam Country Club to remain under Chapter 61B. As a
Chapter 61B property, the Town has first option on the prope3&
if it were to be sold for development. This property represents..- -
an important recreational resource in the Town of Agawam. "; ind -
' WHEREAS,
the property known as "Agawam Country Club" is=mo - •._.
longer under the provisions of Massachusetts General Laws Chaster.
61B, and the Town of Agawam no longer has a first refusal option -
pursuant to said Chapter 61B; and
' Page One
WHEREAS, there is a Mortgagee's Sale of Real Estate by
PUBLIC AUCTION scheduled for Tuesday November 16, 1993 1*at 11: 00 J*or any
' A.M. of the property known as "Agawam Country Club" which continuation
consists of approximately one hundred seven (107) acres which is thereof
situated in the Feeding Hills section of Agawam, Hampden County, (At Amended
' Massachusetts; 11115193)
WHEREAS, the Agawam Town Council has pursuant to Section 2_
9 (b) of the Agawam Home Rule Charter declared that an emergency
exists and approved an Emergency Preamble; and
WHEREAS, it is in the best interests of the Town of Agawam
to acquire the property known as "Agawam Country Club"; and
NOW THEREFORE, the Agawam Town Council hereby resolves to
authorize:
SOLICITOR (As Amended 11115193)
(1) THE MAYOR AND THE MUTUAL CONSENT TO
PLACE A BID NOT TO EXCEED THE FY1993 TOTAL ASSESSED
' VALUATION OF THE PROPERTY ON BEHALF OF THE TOWN OF AGAWAM AT
THE MORTGAGEE'S SALE OF REAL ESTATE BY PUBLIC AUCTION ON
TUESDAY NOVEMBER 16, 19931*OF THE PROPERTY KNOWN AS "AGAWAMI*orany
COUNTRY CLUB" WHICH CONSISTS OF APPROXIMATELY ONE HUNDRED continuation
SEVEN (107) ACRES AND WHICH IS SITUATED IN THE FEEDING HILLS thereof
SECTION OF AGAWAM, HAMPDEN COUNTY, MASSACHUSETTS AND WHICH (As Amended
IS MORE PARTICULARLY DESCRIBED ON EXHIBIT A WHICH IS 11115193)
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE;
(2) THE APPROPRIATION OF ONE HUNDRED THOUSAND ($100,000.00)
' DOLLARS FROM THE STABILIZATION FUND TO BE UTILIZED AS THE
BID DEPOSIT AT THE PUBLIC AUCTION ON TUESDAY NOVEMBER 16,
1993� OF THE PROPERTY KNOWN AS "AGAWAM COUNTRY CLUB" WHICH I *orany
' CONSISTS OF APPROXIMATELY ONE HUNDRED SEVEN (107) ACRES ANDcontinuation
WHICH IS SITUATED IN THE FEEDING HILLS SECTION OF AGAWAM, thereof (As
HAMPDEN COUNTY, MASSACHUSETTS; AND Amended
11115193)
If the Town of Agawam is the successful bidder at the
Mortgagee's Sale of Real Estate by Public Auction on Tuesday
November 16, 19931bf the property known as "Agawam Country Club" I*orany
the Agawam Town Council hereby further resolves to authorize: continuation
thereof (As
(3) AN APPROPRIATION IN THE AMOUNT OF THE SUCCESSFUL BID Amended
' AUTHORIZED BY PARAGRAPH (1) ABOVE FOR THE ACQUISITION OF 11115193)
THE PROPERTY KNOWN AS "AGAWAM COUNTRY CLUB" WHICH CONSISTS
OF APPROXIMATELY ONE HUNDRED SEVEN (107) ACRES AND WHICH
IS SITUATED IN THE FEEDING HILLS SECTION OF AGAWAM,
HAMPDEN COUNTY, MASSACHUSETTS (MORE PARTICULARLY DESCRIBED
ON EXHIBIT A WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE) - FOR THE MUNICIPAL PURPOSES OF
PRESERVING OPEN SPACE, PROVIDING FOR ACTIVE AND PASSIVE
RECREATION AND PROVIDING FOR FUTURE EXPANSION OF MUNICIPAL
' Page Two
FACILITIES, INCLUDING BUT NOT LIMITED TO RECREATIONAL
FACILITIES. FURTHER THAT PURSUANT TO MASSACHUSETTS GENERAL
' LAWS CHAPTER 44, SECTION 7, SUBSECTIONS (3) & (25) , THE
TREASURER WITH THE APPROVAL OF THE MAYOR IS HEREBY
AUTHORIZED TO INCUR DEBT IN THE AMOUNT OF THE SUCCESSFUL BID
AUTHORIZED BY PARAGRAPH (1) ABOVE TO MEET SAID
' APPROPRIATION.
DATED THIS � � DAY OF NOVEMBER, 1993 .
PER ORDER OF THE AGAWAM TOWN COUNCIL
James aylor, residers
Agawam Town Council
APPROVED AS TO FORM AND LEGALITY
"n,-J ej,-J,a
Charles J. s6hafani,
Associate T Wn SolicitOr
' Page Three
1
EXHIBIT A
to
rTR-93-49
The land in the Feeding Hills section of Agawam, Hampden
County, Massachusetts, more particularly bounded and described as
follows:
PARCEL 1 . HEGINNING on the Northerly side of Southwick
Street, at a point distant westerly fifteen hundred three and
84/I00ths (1, 503. 84) feet from a stone bound at the intersection
of the westerly line of Westfield Street and the Northerly line
of Southwick Street and running thence WESTERLY on Southwick
Street, seventy (70) feet; thence NORTHERLY in a line at right
angles with the last course, five hundred ten and 6/10ths
( 510.61 feet to the Third Parcel of land herein described;
thence EASTERLY on said Third Parcel of land, seventy and
2/10ths (70. 2 ) feet; thence SOUTHERLY in a straight line, five
hundred eight ( 506 ) feet to Southwick Street at the place of
beginning.
PARCEL II. BEGINNING at the Southeasterly corner of said
parcel of land and running thence NORTHERLY on the Third parcel.
' of land herein described and on the Fourth Parcel of land herein
described, about nine hundred twelve (912) feet to the
Northwesterly corner of said Fourth Parcel of land and land now
or formerly of one Blish; thence WESTERLY on said land now or
formerly of said Blish eight hundred seventy-four (874 ) feet to
a point; thence SOUTHERLY in a line parallel with the first
line to the said Third Parcel of land; thence EASTERLY on said
Third Parcel of land eight hundred seventy-four ( 874 ) feet to
the point of beginning. containing about eighteen ( 18 ) acres of
Land.
tPARCELL III . BEGINNING at the Southeasterly corner of the
Second Parcel of land herein described and running thence
i NORTHERLY on said Second Parcel of land five hundred forty-eight
and 3/10ths (548 . 3 ) feet; thence EASTERLY making an interior
angle of 88 461 with the last described line and on the Fourth
Parcel of land herein described and in a line in continuation
Easterly of the Southerly line of said Fourth Parcel of land,
5
' eleven hundred six and 9/10ths (1, 106.9) feet to a point;
thence SOUTHERLY making an interior angle with the last described
line of 89 53 ' seven hundred five and 3/10ths (705 . 3 ) feet to a
point; thence SOUTHEASTERLY making and interior angle with the
last described line of 259 16 ' four hundred eleven and 9/10ths
( 411.9 ) feet to a point, thence SOUTHWESTERLY making an interior
angle of 89 29 ' with the last described line, eleven hundred and
4/10ths (1, 100. 4) feet to land conveyed by Lucy J. Loring to
Harry E. Brown et ux by deed dated April 8, 1921, and recorded
In the Hampden County Registry of Deeds in gook 1091, Page 299;
' thence WESTERLY on said land so conveyed to said Harry E. Brown
et ux nineteen hundred twelve ( 1, 912) feet, more or less, to the
Southeasterly corner of land conveyed by Roland Burbank to
George BUrbank by deed dated September 22, 1842 , and recorded in
said Hampden Registry of Deeds in Book 118, Page 397 ; thence
NORTHERLY on said land so conveyed to the said .George Burbank
about six hundred sixty ( 660) feet the the Northeasterly corner
of said land so conveyed to said George Burbank; thence WESTERLY
on said land so conveyed to said George Burbank to land conveyed
by Roland Burbank to Josiah Johnson by deed dated November 26,
1033, and recorded in said Hampden Registry of Deeds in Book 97,
' Page 29; thence NORTHERLY on said land so conveyed to Josiah
Johnson to a point in a line in continuation Westerly of the
Southerly line of said Second Parcel of land; thence EASTERLY
about fourteen hundred eighty--two and 36/100ths (1 , 482. 36) feet
to the point of beginning.
PARCEL IV. BEGINNING at a point in the Easterly line of
the Second Parcel of land herein described distant five hundred
forty-eight and 3/10ths ( 548 . 3 ) feet Northerly measured along
said Easterly line from the Southeasterly corner of said Second
' Parcel of land and running thence NORTHERLY on said Second
Parcel of land, four hundred ten ( 410) feet, mor or less, to the
Northeasterly corner of said Second Parcel of land herein
described; thence SOUTHEASTERLY five hundred seventy-eight
( 578) feet to the Third Parcel of land herein described; thence
WESTERLY on said Third Parcel of land, four hundred ninety--seven
(497) feet to the point of beiginning.
SUBJECT to utility easements of record.
Being the same premises conveyed to Walter A. Czelusniak,
Inc. by deed of Feeding Hills Development Co. , Inc. , recorded in
the Hampden County Registry of Deeds in Book 4541, Page 24. For
our title see deed of Walter A. Czelusniak, Inc. to us dated
December 28, 1980, and recorded in said ltampden Registry of
Deeds in Book 7061, Page 237 .
1 ; a
MAYORAL ACTION
Received this NIA day of , 1993 from Tower
Council Clerk. (Signed by Council President Nov. 15, 1993)
' APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3 , Section 3-6
1 of the Agawam Charter, as amended, I hereby approve the
ppassage of the above legislation on this Sixteenth day of
November° , 1993 .
Christop er C Johnson, Mayor i
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-y'6
of the Agawam Charter, as amended, I hereby veto the passage
' of the above legislation on this day of
1993 for the following reason(s) :
' Christopher C. Johnson, Mayor
' RETURN OF LEGISIAZION TO COUNCIL CLERK
Returned to Council Clerk this Seventeenth day of November
1993 .
1