TR-2015-40 1ST REFUSAL 140 ROWLEY ST f \ - -- - - l
a �
TR-2015-40
A RESOLUTION TO WAIVE THE RIGHT OF FIRST REFUSAL FOR LAND CLASSIFIED UNDER M.G.L.Ch.61A
LOCATED AT 140 ROWLEY STREET,AGAWAM, MA
(SPONSORED BY MAYOR RICHARD A COHEN)
WHEREAS, 240 Rowley Street Street,Agawam, MA is currently owned by Joseph A. Morris and Gilbert F.
Morris See deed Recorded in the Hampden County Registry of Deeds in Book 12974, Page 174,and
WHEREAS,the property is currently classified as agricultural land pursuant to M.G.L. ch.61A;and
WHEREAS, a Purchase and Sales Agreement and Notice of intent to Sell has been forwarded to the
Town of Agawam and is attached to this resolution;and
WHEREAS,the Purchase and Sales Agreement indicates that lots identified as Lots 1,2,3,5,and 5 are to
be conveyed and that the remaining ten(10)acres will remain classified as Chapter 61A land;and
WHEREAS,it is in the best interest of the Town of Agawam to release the rights of first refusal and allow
the property to be sold and returned to the tax rolls.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam Town Council
waives its right of first refusal pursuant to M.G.L.61A for land located at 140 Rowley Street,Agawam,
MA and to authorize the Mayor to execute any and all documents required to waive the Town's right of
first refusal.
DATED THIS DAY OF 2015.
PER ORDER OF THE AGAWAM CITY COUNCIL
Cbq�f-- \ A /+ y!
LR�OVED
son, President
FORM AND LEGALITY �� .tyo� c�, ✓�
cc,,
Vincent cia,City Solicitor 1..c..
CC- LL�1
r
MAYORAL ACTION
Received this day of 2015 from Council Clerk.
Signed by Council President this ob�k day of 2015.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawharter,as
amended, I hereby approve the passage of the above legislation on this day of
g"S•eA 2015.
Richard A. Cohen,Mayor
DISAPPROVAL OF LEGISLAnON
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
_ , 2015 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCEL CLERK
Returned to Council Clerk this day 2015.
FA
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1801
p0 ED >� Tel. 413-786-0400 Fax 413-786-9927
August 10, 2015
Mayor Richard A. Cohen
36 Main Street
Agawam, MA 0 100 1
Dear Mayor Cohen:
At its duly called meeting held on August 6, 2015, the Agawam Planning Board voted to send a
negative recommendation with regard to the Town exercising its right of first refusal on land
owned by Morris, located on Rowley Street.
If you have any questions, please contact this office.
Sincerely,
Mark R. Paleologopoulos, Chairman
AGAWAM PLANNING BOARD
MRP:prk
Cc: Town Coun
Town Clerk
Uit S Y)0�
Agawam Planning Board ��
August 6, 2015
AGAWAM PLANNING BOARD
August 6, 2015
MEMBERS PRESENT:
Mark R. Paleologopoulos, Chairman
Violet E. Baldwin
David A. Chase, Vice Chairman
MEMBERS ABSENT:
Nicholas Pandolfi
ALSO PRESENT:
Marc Strange
Pamela R. Kerr
Mr. Paleologopoulos called the meeting to order at 6:30 PM.
I. FORM A—Rowley Street—Morris
This plan shows the creation of five lots with frontage on Rowley Street. These lots are currently
part of a large tract of land that is under Chapter 61 A. The Town has been notified of their right
of first refusal for the sale of these five lots. They intend to build duplexes on the lots. The
Building Inspector has reviewed this plan and found no issues with it.
Motion was made by Mr. Chase and seconded by Ms. Baldwin to approve the plan for Morris on
Rowley Street under"Subdivision Control Law Not Required".
VOTE 3-0
2. CHAPTER 61 A—Rowley Street-, Morris
The Town has been notified of a purchase and sale of a portion of property owned by Morris on
Rowley Street. The Town has the right of first refusal under Chapter 61 A. The property to be
sold consists of five lots proposed for duplexes. The Board did not feel that the Town should
purchase these lots.
Motion was made by Mr. Chase and seconded by Ms. Baldwin to send a negative
recommendation on the Town exercising their right of first refusal for five lots owned by Morris
on Rowley Street.
VOTE 3-0
3. FORM A— Rowley Street—Rowley Street Development Trust
1
Agawam Planning Board
August 6, 2015
This plan shows the creation of one lot with frontage on Rowley Street and has been reviewed by
the Building Inspector.
Motion was made by Mr. Chase and seconded by Ms. Baldwin to approve the plan for Rowley
Street Development Trust on Rowley Street under"Subdivision Control Law Not Required".
VOTE 3-0
4. FORM A—Twin Oaks Road—MacNaughton
Kirk MacNaughton was in attendance to present this Form A which shows the reconfiguration of
two lots with frontage on Twin Oaks Road which is a gravel road. He obtained a letter from the
Town Clerk stating that Twin Oaks Road is a public way,and has been used as such. He went on
to say that he worked with the Agawam Law Department on this matter and had a plan prepared.
A memo was sent to the Board from the Law Department outlining what Mr. MacNaughton had
indicated and it also stated that the Police and Fire Departments were involved in the initial
discussions and they had no problem with the proposal. The Building Inspector submitted a
memo to the Board stating that he has no objections as long as Police and F'ire,were satisfied.
There was a lengthy conversation among the Board regarding the process of declaring a street a
public way. Mr. Chase questioned the definition of a public way and the process that was
followed on this plan. He also brought.up his concerns with.the road not being up to standards
and the lack of sewer. He feels this bypasses the subdivision rules and regulations.
Motion was made by Ms. Baldwin and seconded by Mr. Chase to approve the plan for
MacNaughton on Twin Oaks Road under"Subdivision Control Law Not Required" based on all
information that was received from professional.staff.
VOTE 3-0
5. DISCUSSION-South Westfield Street
Motion was made by Ms. Baldwin and seconded by Mr. Chase to table the Discussion of South
Westfield Street.as requested by the applicant's representative.
VOTE 3-0
6. APPROVAL OF MINUTES—July 2, 2015
Motion was made by Ms. Baldwin and seconded by Mr. Chase to approve the minutes of July 2,
2015 as written.
VOTE 3-0
The meeting adjourned at 7:20 PM.
2
7rL,- 4o
INTEROFFICE MEMORANDUM
TO: ERIK WIGHT, INSPECTOR OF BUILDINGS
FROM: CHRISTOPHER C.JOHNSON, COUNCIL PRESIDENT
SUBJECTS: PROPOSED VERIZON WIRELESS CELL TOWER—MILL STREET
M.G.L. CHAPTER 61A FIRST REFUSAL OPTION—140 ROWLEY STREET
DATE: 08/05/2015
At Monday's meeting, several councilors asked that I contact you regarding the above
referenced items. Specifically they asked for the following:
Is there any update on the proposed Verizon Wireless Cell Tower on Mill Street — the
Council understands that the project has received ZBA approval and they were
wondering if any permits had been applied for and if you had heard anything on the
proposed timeline for the installation of the tower?
The Council has before it a resolution (TR-2015-40) to waive the town's Chapter 61A
first refusal option on the property located at 140 Rowley Street. The materials
provided indicates that the change of use is from agricultural to multi-family residential
and specifically that the owner desires to sell the frontage lots for the construction of
multi-family dwellings. 1 believe such a use would be allowed as a matter of right on the
proposed frontage lots. The Council wanted to verify that a zone change would not be
required.
Thank you for your assistance, and please contact me with any questions.
cc: Full Council &Mayor
I�
T -R of Agawam
owL
-� , ; Inspection Services Department
f Building Inspection Code Enforcement
y
11+ 1000 Suffield Strect, Agawam,MA 01001
Telephone -(413)821-0632
Fax(413)821-0637
Erik Wight Michael Theroux
Ina!=tOr of Building; Sri ter ni WciSita&Measures
-------- Co is Enrorzoment Qfiicjr
Michael Da? ------------
Plumbing In-Pcctor
Cross Conn.,,rien Te-l.r
August 11,2015
Christopher C.Johnson,Council President
36 Main Street
Agawam, MA 01001
Re: Proposed Verizon Cell Tower-Mill Street and
MGL Chapter 61A First Refusal-140 Rowley Street
Dear Council President Johnson,
In response to your interoffice memorandum sent to me an August g, 2015 regarding the above noted
addresses.
My office has not received any new information or plans for the proposed Verizon Cell Tower on Mill
Street.
In regards to the property located at 140 Rowley Street(see attached G15 map)the front area is located
In the Residence A-2 district which does not allow duplexes to be constructed,:he rear part of the lot is
in the Agricultural district.The subject property would require a Zone change to residence B to allow
duplexes to be built by right. Multi-family buildings would only be allowed in Residence a with one acre
lot size and 150 feet of f ontage.
Feel free to contact me with any questions or concerns.
sincerely,
F l
Erik Wight
Inspector of Buildings
CC:Mayor Richard Cohen
Attachment
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The Information depicted on this map is for
planning purposes Only. It Is not adequate
for legal boundary definition,regulatory
interpretation,or parcel-level analyses.
1:14 4
8/1 11201 5 3:14:28 PM 1"=122'
INTEROFFICE MEMORANDUM
TO: ERIK WIGHT, INSPECTOR OF BUILDINGS
FROM: CHRISTOPHER C. JOHNSON, COUNCIL PRESIDENT
SUBJECTS: PROPOSED VERIZON WIRELESS CELL TOWER—MILL STREET
M.G.L. CHAPTER 51A FIRST REFUSAL OPTION — 140 ROWLEY STREET
DATE: 08/05/2015
At Monday's meeting, several councilors asked that I contact you regarding the above
referenced items. Specifically they asked for the following:
- Is there any update on the proposed Verizon Wireless Cell Tower on Mill Street — the
Council understands that the project has received ZBA approval and they were
wondering if any permits had been applied for and if you had heard anything on the
proposed timeline for the installation of the tower?
- The Council has before it a resolution (TR-2015-40) to waive the town's Chapter 61A
first refusal option on the property located at 140 Rowley Street. The materials
provided indicates that the change of use is from agricultural to multi-family residential
and specifically that the owner desires to sell the frontage lots for the construction of
multi-family dwellings. I believe such a use would be allowed as a matter of right on the
proposed frontage lots. The Council wanted to verify that a zone change would not be
required.
Thank you for your assistance, and please contact me with any questions.
cc: Full Council & Mayor
INTEROFFICE MEMORANDUM
TO: ERIK WIGHT, INSPECTOR OF BUILDINGS
FROM: CHRISTOPHER C.JOHNSON, COUNCIL PRESIDENT
SUBJECTS: PROPOSED VERIZON WIRELESS CELL TOWER—MILL STREET
M.G.L. CHAPTER 61A FIRST REFUSAL OPTION—140 ROWLEY STREET
DATE: 08/05/2015
At Monday's meeting, several councilors asked that I contact you regarding the above
referenced items. Specifically they asked for the following:
Is there any update on the proposed Verizon Wireless Cell Tower on Mill Street — the
Council understands that the project has received ZBA approval and they were
wondering if any permits had been applied for and if you had heard anything on the
proposed timellne for the installation of the tower?
The Council has before it a resolution (TR-2015-40) to waive the town's Chapter 61A
first refusal option on the property located at 140 Rowley Street. The materials
provided indicates that the change of use is from agricultural to multi-family residential
and specifically that the owner desires to sell the frontage lots for the construction of
multi-family dwellings. I believe such a use would be allowed as a matter of right on the
proposed frontage lots. The Council wanted to verify that a zone change would not be
required.
Thank you for your assistance, and please contact me with any questions.
cc: Full Council& Mayor
t •
maim
own of Aga
Inspection Services Department
Building Inspection Code Enforcement
11+ 1000 Suffield Strect,.Agawam.MA 01001
Telephone- (413) 821-0632
Fax(413)821-0637
Erik Wight Michael Theroux
lnsnector of Building; Scaler of W6;;its 6c Mcasur`s
---------- --_--- Code Enrorzcment Qriic':r
Michael Day ------------
Plumbing Irv.pectot
Cron:Conn:Tien Te-Il.r
August 11,2015
Christopher C.Johnson,Council President
36 Main Strect
Agawam, MA 01001
Re: Proposed Verizon Cell Tower-Mill Street and
MGL Chapter 61A First Refusal-140 Rowley Street
Dear Council President Johnson,
In response to your interoffice memorandum sent to me an August 8, 2015 regarding the above noted
addresses.
My office has not received any new information or plans for the proposed Verizon Cell Tower on Mill
Street.
In regards to the property located at 140 Rowley Street(see attached GIS map)the front area is located
In the Residence A-2 district which does not allow duplexes to be constructed, the rear part of the lot is
in the Agricultural district.The subject property would require a zone change to Residence B to allow
duplexes to be built by right. Multi-family buildings would only be allowed in Residence 6 with one acre
lot size and 150 feet of frontage.
Feel free to contact me with any questions or concerns.
Sin¢erefy,
i
Erik Wight
Inspector of Buildings
CC: Mayor Richard Cohen
Attachment
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The information depicted on this map is for
planning purposes only, It Is not adequate
for legal boundary definition,regulatory V•, 'C
interpretation,or parcel-level analyses.
1:1464
8/1 1/201 5 3 14:28 PM 111=1221
TR-2015-40
A RESOLUTION TO WAIVE THE RIGHT OF FIRST REFUSAL FOR LAND CLASSIFIED UNDER M.G.L. Ch. 61A
LOCATED AT 140 ROWLEY STREET,AGAWAM, MA
(SPONSORED BY MAYOR RICHARD A COHEN)
WHEREAS, 140 Rowley Street Street,Agawam, MA is currently owned by Joseph A. Morris and Gilbert F.
Morris See deed Recorded in the Hampden County Registry of Deeds in Book 12974, Page 174; and
WHEREAS, the property is currently classified as agricultural land pursuant to M.G.L. ch. 61A; and
WHEREAS, a Purchase and Sales Agreement and Notice of intent to Sell has been forwarded to the
Town of Agawam and is attached to this resolution; and
WHEREAS,the Purchase and Sales Agreement indicates that lots identified as Lots 1,2,3,5, and 5 are to
be conveyed and that the remaining ten (10) acres will remain classified as Chapter 61A land;and
WHEREAS, it is in the best interest of the Town of Agawam to release the rights of first refusal and allow
the property to be sold and returned to the tax rolls.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam Town Council
waives its right of first refusal pursuant to M.G.L.61A for land located at 140 Rowley Street, Agawam,
MA and to authorize the Mayor to execute any and all documents required to waive the Town's right of
first refusal.
DATED THIS DAY OF , 2015.
PER ORDER OF THE AGAWAM CITY COUNCIL
ChristopherLFORM
ent
AP ROVED EGALITY
Vincent . ' cia, City Solicitor
7/21/2015 Document Image List 11
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QUITCLAIM DEED
wr;, HERBERT MORRIS and LUCY MORRIS of 239 Rowley street,
Agawam, Mc,,sar:husctts and STE.VEN H. MORRIS, of 140 Rowley Street,
Agawam, Hampden County, Massachusetts for NO CONSIDERATION,
giant_ I.c, STEVEN H. MORRIS, of 340 Rowley Street, Agawam, Hampden
County, HEo:sachusctts, JOSEPH A. MORRIS of 22 Plantation Drive,
Agawam, Mr,r:sachutiet.ts and GILBERT F. MORRIS of 58 Queen Avenue,
, M
Wv-st. Springfield, Massachusetts, as tenants in common, with
QUITCLAIM COVENANTS, HOWEVER RESERVING A LIFE ESTATE FOR THE LIFT
OF T11E GRANTORS HEREIN a certain parcel of land in Agawam, with
tho hu: ldings thereon, and all the privileges and appurtances
tho.rctn hcnnnded and described as follows:
�\ Kout.hc!rly by land formerly of William S. Bowe and land formerly
\�
WESTI;RIN by land formerly of J. O'Brien; Northerly by land
folmcrly of vredcrick Leonard and EASTERLY by land formerly of F.
Dwight and by land formerly of Russell awing. Containing ten (10)
acres more or le;+s and being the fourth parcel described in a
rlcrci 13.011, Samuel 7,andan to Fannie Leonard by deed dated June 11,
1931, and rucordcd in the Hampden County Registry of Deeds, Book
If,86, 1lagci 24!,. Said premises conveyed subject to rights granted
to the American Telephone and Telegraph Company by an instrument.
ciatc,i .1anuiLry '1, 1902 and recorded in the said Registry Book 691a
11ifyc 9'.,, to an easement granted to the Turners Falls Power and
http://50.203.30.59/Virtuall i ewerJavaliTM L5fresoLircesoi nl.htm I 112
7/21/2015 Document Image list
Elk 12974 P91.75 #211560
Elccl.ric Company, dated June 19, 1917 and recorded in said
kcgistry Isook 99.) Page 185; to an easement granted to the
Mont-ague Company, dated July 3, 1924 and recorded in said
kegi vt:r y Book 3223 Page 169;
)tieing Imown as Parcel 11-14-1-3
5UIWECT TO P24Y AND ALL ENCUMBRANCES OR MUNICIPAL CHARGES. NO
TITLE: SEARCH 11PA NG PONE AT THE REQUEST OF THE GRANTOR AND
(1RANa TES.
Heim) the premises known as 140 Rowley Street, Agawam, MA
ALSO MAW; a portion of the same premises conveyed to the grantoit
STEWN H. MORRIS by deed recorded at the Hampden County Registry-
of heeds Book (M92 Page 573.
BEING the same premises conveyed to the grantor by deed recorded,
.j( the Ilnrnp>dcn County Registry of Deeds Book 1699 Page 201.
tnva:; my hand and seal this day of
February 2003.
6TE N H. MO S
- Kg�RRI S
Y _«� �.LUCY la ud
- _ - — MOPAYIS
COXXONNlTAI,TH 0? MASSACHUSJITT8
11AM11;)FI4 ss. February2e_2003
Then personally appeared the above named HERBERT MORRIS, LUCY.'
MORRIS and STEVEN H. MORRIS cknowledged the foregoing
instrument to he his/her fre : act nd deed, a re me.
�Ph onway, Notar Public
comrnission expires 4/3/09
DONAI t7 E gHppH fiElI1S
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CONWAY & CONWAY, . P. C .
ATTORNEYS AT LAW
JOSEPH R. CONWAY R O. BOX 638 (413) 789-1590
AGAWAM, MASSACHUSETTS 01001 FACSIMILE (888) 853-1919
jjkciconway@comcast.net
Mayor Richard A. C'alien
Agawam City Hali
36 Main Street
Agawam, MA 01001 June.21 2015
RE: Notification of Intent to Sell
Portions of Parcel #I-14-I-3 consisting of labeled Lots 1,2,3,4,
"Plan of Lots in Agawam, MA"dated October 27, 2014
Dear Mayor Cohen:
This office represents Mr. Gilbert Morris and Mr. Joseph Mc;rris with regards to the sale of real
estate located or, Rowley Street. Agawam, Massachuse.ts. The purpose of this letter is to place the Mown of
Agawam on notice of the sale and of the buyer's intent to convert the land from agricultural use to building
of two family dwellings. The proposed lots are currently used as agricultural land under M.G.L.c. 61A.
Please consider the following;
l. Please consider thi- letter a Statement of Intent to Sell only the Portions of Parcel 4I-14-1-3
consisting of lots labeled Lots 1, 2,3,4, S,currently classified under Chapter 61 A as agricultural use
as per the plan attached hereto. The balance of the 10 acres will remain classified as Chapter 61 A.
2. The proposed use of the land by the prospective buyer is for the construction of two family dwellings
on the lots.
3. The landowners' names are Joseph Morris 22 Plantation Drive, Agawam, MA 01001,413-896-9810
and GilNn Morris 58 Queen Avenue, West Springfield, MA 413-896-9810.
4. Attached hereto is a copy of the Purchase and Sale Agreement and Certification thereof.
5. The sellers understand that the sale of the real estate may subject them to a penalty tax for the land
that is no longer used as agricultural land under Chapter 61 A.
Please confirm receipt and advise regarding the Towns intentions regarding the Right of First Refusal
to match the bona tide offer. Thank you for your anticipated cooperation
Sin erely,
'10�
J seph R.tor way
c: client
CERTIFICATION OF EXECUTED PURCHASE AND SALE AGREEMENT
PURSUANT to the provisions of Chapter 61A this certification is necessary to notify the
Town of Agawam of the sale real estate for the purpose of converting from agricultural use to
residential use, i.e. the construction of two family dwelling units,
Seller Certification
1. Attached is a true and accurate copy of the Purchase and Sale Agreement specifying all
terms and conditions for the sale of Portions of Parcel#I-14-1-3 consisting of Parcels labeled
Lots 1,2,3,4, 5 Deed dated February 21, 2003 recorded at the Hampden County Registry of
Deeds Book 12974, Page 174,"Plan of Lots in Agawam, MA"dated October 27, 2014
2. There are no other additional agreements or additional consideration for the land under the
ownership of the sellers and not classified under Chapter 61 A but sold or to be sold
contemporaneously with the proposed sale.
Under penalties of perjury, I certify that all the above information is true and accurate this
25, 2015.
J eph R. R
, Attorney fort a Sellers
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} � PLAN OF LOTS IN
AGAWAM , MA
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") made Juhe 4, 2015,
i
by and between JOSEPH MORRIS AND GILBERT MORRIS, with an address of Agawam,
Massachusetts (the"Seller"), who agrees to sell, and VIP Homes And Associates, LLCI a business
i
with an address of 29 Avalon Place, Feeding Hills Ma 01030, or its nominee (the "Byer'), who
agrees 'to buy the Property (as hereinafter defined), upon the terms and conditions hereinafter set
forth.
I. Description. The property to be conveyed is to be bounded and described as
follows; J
a. Portions of the land belonging to the Sellers kriown as parcel #I-14-1-3
consisting of Parcels labeled Lots 1, 2, 3, 4, 5 as described on a !deed dated
Feburary 21, 2003 recorded at the Hampden County Registry of Deeds Book
12974, Page 174 and as shown a on plan of lots entitled "Plan of Lots in
Agawam, MA"dated October 27,2014 prepared by Anderson Associlates.
2. Consideration. -
(a) The agreed purchase price for the Property is FOUR HUNDRED THOUSAND
and 00/100 ($400,000.00) DOLLARS (the "Purchase Price"); of N�hich ONE
THOUSAND ($1,000.00) is paid upon signing and additional N�NETEEN
THOUSAND and 00/100 ($19,000.00) DOLLARS paid as a deposit (the
"Deposit") upon the Release of the Lots from M.G.L.c. 61 A and approval,of Form A
by the Town of Agawam. The remaining balance of THREE UNDRED
THOUSAND and 00/100 ($380,000.00) DOLLARS shall be paid at ;the time of
Closing (as defined herein) in wired funds to Seller's designated acc6unt, or by
certified, bank check, or attorney's trust fund check. Parries agree that mutual
obligations are conditioned upon the following:
a. Release of the Lots from M.G.L.c. 6 1 A and,
b. Approval of Form A by the Town of Agawam and that the Sellers will make all
reasonable efforts to obtain the same, and
c. In the event that Sellers are unable obtain the Release of the Lots from M.G.Lc.
61 A and approval of Form A by the Town of Agawam all depos�ts shall be
refunded and all obligations between the parties shall cease, and ;
d. Parties expressly agree that the parties obligations are conditioned upon the
above described lots being zoned for the construction of two famil� homes in
accordance with the Zoning by-laws of the Town of Agawam.
(b) The Seller acknowledges receipt of the Deposit and agrees that such Deposit shall be
1 '
held in escrow by Seller's counsel, as escrow agent,in an IOLTA non-interest bearing acbount.
3. Closin . The Deed shall be delivered by the Seller and the consideration shall be
paid by the Bu er at the offices of buyer's attorney (the "Closing") at 110:00 a.m.
10_ �!, unless some other place and time should be mutually agreed upoi in writing
(the 'Closing Date").
i,
4. Title Deed. The Seller shall cause good and marketable and insurable title to the
Property to be conveyed to the Buyer, or its nominee, by a good and sufficient deed conveying the
same quality and character of title as the Seller received, running to the Buyer, subject Jonly to the
following exceptions to title (the"Permitted Exceptions"):
i. Usual public utilities servicing the premises, if any;
ii. Taxes for the current year not due and payable on the date of deli�ery of the
Deed; i
iii. Any liens for municipal and/or special assessments and/or orders] for which
assessments may be made after the date of this Agreement;
iv. Restrictions and easements of record, if any, which do not materially affect the
value or current use as a single family residence at the Premises;
v. Provisions of existing building and zoning laws.
5. Acce tance of Deed. The acceptance of the Deed by the Buyer, or his ominee, as
the case may be, shall be deemed to be a full performance and discharge of every agreem nt and
obligation herein contained or expressed, except such as are, by the terms hereof, to be,' performed
after the Closing.
6. Use of Purchase Money-to Clear Title. To enable the Seller to make conveyance as
herein provided, the Seller may, at the time of Closing, use the purchase money or any portion
thereof to clear the title of any or all encumbrances or interests; provided that all instruments so
procured are recorded simultaneously with the Deed or within a reasonable time &der local
conveyancing practices.
7. Adjustments.
i
(a) Taxes for the then current year shall be apportioned as of the Closin Date; and
the net amount thereof shall be added to or deducted from,as the case may be, the Purch�se Price.
(b) If the amount of said taxes is not known at the time of the Closing, th�n the taxes
shall be apportioned on the basis of the taxes assessed for the preceding year with a reapportionment
as soon as the new tax rate and valuation can be ascertained; and if the taxes whicl are to be
apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the
reasonable cost of obtaining the same, shall be apportioned between the parties; provided, that
neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein
otherwise agreed.
8. Default. If the Buyer shall fail to fulfill the Buyer's agreements herein, �l Deposits
2
I
made hereunder by the Buyer together with interest accrued thereon and any additional payments
required to be made by the Buyer to the Seller hereunder shall be forfeited by the JBuyer and
retained by the Seller as liquidated damages and not as a penalty thereof This shall be teller's sole
remedy both at law and in equity.
I
9. Mortgage Financing. This Agreement is contingent on the BUYER'S ability to
obtain a mortgage loan commitment in the amount of$300,000.00. If, despite the BU#ER'S
diligent efforts, a commitment for such loan cannot be obtained on or before August 4, 2015 the
BUYER shall so advise the Seller in writing and this Agreement shall become null anc void, and
all payments made hereunder shall be refunded and all obligations to each other shall lease. If
such written notice is not received on or before the expiration date hereinabove specifi d,the
BUYER shall be bound to perform the BUYER'S obligations under this Agreement. Further, the
BUYER agrees to provide such reasonable documentation of the BUYER'S failure to obtain such
loan commitment as the SELLER may request. In no event shall the BUYER be deem to have
used "diligent efforts" to obtain such commitment unless the BUYER submits a compt1te
mortgage loan application conforming to the foregoing provisions forthwith. The buye will be
deemed to have used good faith efforts to obtain financing hereunder if Buyer applies io only one
institutional lender or mortgage company for financing hereunder.
10. Warranties and Representations. Except as set forth in Paragraph 9 abov8,the Buyer
acknowledges that the Buyer has not been influenced to enter into this transaction nor Ls it relied
upon any warranties or representations not set forth or incorporated in this Agreement o�previously
made in writing. '
11. Non-Foreign Person. The Seller represents to the Buyer that the Sell i er is not a
"foreign person" as that term is defined in Section 1445 of the Internal Revenue Code and, at the
CIosing, will deliver to the Buyer an affidavit to that effect on the date of Closing. They Seller also
agrees to provide to the Buyer information necessary for the Buyer to file a form 1099B.1
12. Notices. Any notices hereunder shall be given in writing by (i) certified snail, return
receipt requested; or(ii) a national overnight courier service; or(iii) facsimile transmissi6n and sent
as follows:
Buyer: Irwin Weitz, Esquire
275 State Street,Springf eld, MA
413-746-4400
Seller: Joseph R. Conway,Esquire
320 Cooper Street
Agawam,MA 01001
Facsimile: 888-853-1919
jjkciconway@comr-ast.net
Any notice shall be effective upon: (i) placement with a national overnight courier service; or
(ii)receipt of mailing by certified mail, return receipt requested; or (iii) receipt of facsimile
transmission.
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13. Concludine Provisions.
(a) Entire A eern This Agreement contains the entire understar ding of the
parties. There are no oral understandings, terms or conditions, and no party
has relied upon any representation, express or implied, not contaI6d in this
Agreement.
(b) Amendments. This Agreement may not be amended in any respect
whatsoever except by a further agreement, in writing, fully executed by each
of the parties. '
(c) Successors. This Agreement shall be binding upon and inure tol the benefit
of the parties and to their respective heirs,personal representatives, successors and assigns.
(d) Joint Effort. Preparation of this Agreement has been a joint el ort of the
parties, and the resulting document shall not be construed more severely against one of the parties
than the other.
(e) Captions. The captions of this Agreement are for convenience d reference
only and in no way define, describe, extend or limit the scope or intent of this Agree ent or the
intent of any provision contained in this Agreement.
(f) Countezparts. This Agreement may be executed in one or more Lpies,each
of which shall be deemed an original.
i
(g) Partial Invalidity. The invalidity of one or more of the phrases, sentences,
clauses, Paragraphs, Sections or Articles contained in this Agreement shall not affect thalidity of
the remaining portions so long as the material purposes of this Agreement can be detehnined and
effectuated.
(h) Applicable Law. This Agreement shall be governed by, construed and
enforced in accordance with the laws of the Commonwealth of Massachusetts.
(i) Exhibits. All exhibits referred to in this Agreement shall be inco orated into
this Agreement by such reference and shall be deemed a part of this Agreement as if 1 set forth
in this Agreement. y
(j) Effective Date. This Agreement shall be dated and effective as the date
signed by the last party to sign.
14. WARRANTIES
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The BUYER acknowledges that he has not been influenced to enter into this transaction,
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nor has he relied upon any warranties or representations not set Forth or incorporated in this
Agreement, or previously made in writing, except for the following additional waianties and
representations, if any, made by either the SELLER or any real estate brokers, if any, hich shall
survive delivery of the Deed: E
NONE
ADDITIONAL PROVISIONS
Buyer's obligations are subject to the Seller's satisfactory discharge of the M.G.L.c. 61 A lien on the
subject premises consisting of four lots and satisfactory Form A acceptance.
Upon the full execution of this agreement parties agree to take all steps to file for Form A approval
witithe Town of Agawam, for approval of the survey/plan endorsed by the Town of Agawam that
"Planning Board Approval under Subdivision Control Law Not Required." Buyer's obligations are
subject to Form A approval. Parties also agree to take all steps necessary to release the-1,and subject
to sale from M.G.L.c. 61 A designation.
In the event that the parties are not successful in obtaining approval, all payments mad hereunder
shall be refunded and all obligations to each other shall cease.
IN WITNESS WHEREOF, the undersigned have executed this Agreement !as a sealed
instrument on the day and year first above written.
r
i ss d e Mo
ess Gilbert Morns
t
tries ,
Date:
ZYIi
rtnes Vladimir Ruha, VI mes And Associates, LLC
Buyer
Date:
5
CONWAY & CONWAY, P. C'.
ATTORNEYS AT LAW
JOSEPH R. CONWAY P. O. BOX 638 14131 789-1590
AGAWAM, MASSACHUSETTS 01.001 FACSIMILE (888) 853-1919
j j kciconway@ comcast.net
Town of Agawam City Council
Agawam City Ball
36 Main Street
Agawam, :VIA 0!00! .1ulic '-% 2015
RE: Notification of Intent to Sell
pertions of Parcel #1-14-1-3 consisting of labeled Lots 1,2,3,4,
"Plan of Lots in Agawt.Iin. �4A"datcd October 27,2014
Dear President City Council:
This office represents Mr. Gilbert Morris and Mr. Joseph Morris with regards to the sale of real
estate located on Rowley Street, Agawam, Massachusetts.The purpose of this letter is to place the Town of
Agawam on notice of the sale and of the buyer's intent to convert the land from agricultural use to building
of two family dwellings. The proposed lots are currently used as agricultural land under M.G.L.c. 61A.
Please consider the. following;
I. Please consider this letter a Statement of Intent to Sell only the Portions of Parcel 41-14-1-3
consisting of lots labeled Lots 1,2,3,4,5.currently classified under Chapter 6i a as agricultural use
as per the plan attached hereto. The balance of the 10 acres will remain classified as Chapter 61 A.
2. The proposed use of the land by the prospective buyer is for the construction of two family dwellings
on the lots.
3. The Widowners' names are Joseph Morris 22 Plantation :give, Agawam, MA 01001, 413-896-9810
and Gilbert Morris 58 Queen Avenue, West Springfield. MA 413-896-9810.
4. Attached hereto is a copy of the Purchase and Sale Agiec-iiicra=d Certification thereof.
5. The sellers understand that the sale of the real estate may subject them to a penalty tax for the land
that is no longer used as agricultural land under Chapter 6!A.
Please confirm receipt and advise: regarding the Towns intentions regarding the Right of First Refusal
to match the bona fide offer. Thank you for your anticipated cooperation.
jere y,
R. onway
lient s
1 1 n`�
� 1
CERTIFICATION OF EXECUTED PURCHASE AND SALE AGREEMENT
PURSUANT to the provisions of Chapter 61A.this certification is necessary to notify the
Town of Agawam of the sale real estate for the purpose of converting from agricultural use to
residential use, i.e. the construction of two family dwelling units.
Sellcr Certification
1, Attached is a true and accurate copy of the Purchase and Sale Agreement specifying all
terms and conditions for the sale of Portions of Parcel#I-14-1-3 consisting of Parcels labeled
Lots 1,2,3,4,5 Deed dated February 21, 2003 recorded at the.Hampden County Registry of
Deeds Book 12974, Page 174,"Plan of Lots in Agawam, MA"dated October 27, 2014
2. There are no other additional agreements or additional consideration for the land under the
ownership of the sellers and not classified under Chapter 6 1 A but sold or to be sold
contemporaneously with the proposed sale.
Under penalties of perjury, I certify that all the above information is true and accurate this
q25, 2015.
J eph R. onway, Attorney fort a Sellers
Waft.
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PLAN OF LOTS IN t0
AGAWAM, MA
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") made Jue 4, 2015,
by and between JOSEPH MORRIS AND GILBERT MORRIS, with an address of Agawam,
Massachusetts (the"Seller"), who agrees to sell, and VIP Homes And Associates, LLCE a business
with an address of 29 Avalon Place, Feeding Hills Ma 01030, or its nominee (the "Buyer"), who
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agrees to buy the Property (as hereinafter defined), upon the terms and conditions hereinafter set
forth.
1. Description. The property to be conveyed is to be bounded and described as
follows:
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a. Portions of the land belonging to the Sellers known as parcel #I-14-1-3
consisting of Parcels labeled Lots 1, 2, 3, 4, 5 as described on a (deed dated
Feburary 21, 2003 recorded at the Hampden County Registry of I)eeds Book
12974, Page 174 and as shown a on plan of lots entitled "Plan I of Lots in
Agawam, MA" dated October 27,2014 prepared by Anderson Associates.
2. Consideration.
(a) The agreed purchase price for the Property is FOUR HUNDRED TII[OUSAND
and 00/100 ($400,000.00) DOLLARS (the "Purchase Price"); of v�hich ONE
THOUSAND ($1,000.00) is paid upon signing and additional N�NETEEN
THOUSAND and 001100 ($19,000.00) DOLLARS paid as a, d6osit (the
"Deposit")upon the Release of the Lots from M.G.L.c. 61A and approval of Form A
by the Town of Agawam. The remaining balance of THREE AUNDRED
THOUSAND and 001100 ($380,000.00) DOLLARS shall be paid at the time of
Closing (as defined herein) in wired funds to Seller's designated account, or by
certified, bank check, or attorney's trust fund check. Parties agree that mutual
obligations are conditioned upon the following:
a. Release of the Lots from M.G.L.c. 61A and, I
b. Approval of Form A by the Town of Agawam and that the Sellers v�ll make all
reasonable efforts to obtain the same,and
c. In the event that Sellers are unable obtain the Release of the Lots firl M.G.L.c.
61A and approval of Form A by the Town of Agawam all deposits shall be
refunded and all obligations between the parties shall cease, and i
d. Parties expressly agree that the parties obligations are conditioned upon the
above described lots being zoned for the construction of two family homes in
accordance with the Zoning by-Iaws of the Town of Agawam. !
(b) The Seller acknowledges receipt of the Deposit and agrees that such Deposit shall be
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held in escrow by Seller's counsel, as escrow agent,in an IOLTA non-interest bearing account.
3. Closin . The Deed shall be delivered by the Seller and the consideration shall be
paid by the FBuer at the offices of buyer's attorney (the "Closing") at I0:00 a.m.
unless some other place and time should be mutually agreed upo�in writing
(the `Closing Date"). i
4. Title Deed. The Seller shall cause good and marketable and insurable(title to the
Property to be conveyed to the Buyer, or its nominee, by a good and sufficient deed conveying the
same quality and character of title as the Seller received, running to the Buyer, subject lonly to the
following exceptions to title (the"Permitted Exceptions"):
i. Usual public utilities servicing the premises, if any;
ii. Taxes for the current year not due and payable on the date of delivery of the
Deed;
iii. Any liens for municipal and/or special assessments and/or orders) for which
assessments may be made after the date of this Agreement;
iv. Restrictions and easements of record, if any, which do not materially affect the
value or current use as a single family residence at the Premises;
v. Provisions of existing building and zoning laws.
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5. Acceptance of Deed. The acceptance of the Deed by the Buyer, or his �ominee, as
the case may be, shall be deemed to be a full performance and discharge of every agreemnnt and
obligation herein contained or expressed, except such as are, by the terms hereof, to bu performed
after the Closing.
6. Use of Purchase Money to Clear Title. To enable the Seller to make conveyance as
herein provided, the Seller may, at the time of Closing, use the purchase money or any portion
thereof to clear the title of any or all encumbrances or interests; provided that all ins ents so
procured are recorded simultaneously with the Deed or within a reasonable time der local
conveyancing practices.
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7. Adiustments.
(a) Taxes for the then current year shall be apportioned as of the ClosinDate; and
the net amount thereof shall be added to or deducted from,as the case may be, the Purch I e Price.
(b) If the amount of said taxes is not known at theome of the Closing,th�n the taxes
shall be apportioned on the basis of the taxes assessed for the preceding year with a reapportionment
as soon as the new tax rate and valuation can be ascertained; and if the taxes whic� are to be
apportioned shall thereafter be reduced by abatement, the amount of such abatemefit less the
reasonable cost of obtaining the same, shall be apportioned between the parties; prJvided, that
neither party shall be obligated to institute or prosecute proceedings for an abatement u�less herein
otherwise agreed.
I
8. Default. If the Buyer shall fail to fulfill the Buyer's agreements herein, I-
1 Deposits
,I
2
made hereunder by the Buyer together with interest accrued thereon and any additional payments
required to be made by the Buyer to the Seller hereunder shall be forfeited by the JBuyer and
retained by the Seiler as liquidated damages and not as a penalty thereof. This shall be Seller's sole
remedy both at law and in equity. i
9. Mortgage Financinig. This Agreement is contingent on the BUYER'S ability to
obtain a mortgage loan commitment in the amount of$300,000.00. If, despite the BU R'S
diligent efforts, a commitment for such loan cannot be obtained on or before August , 2015 the
BUYER shall so advise the Seller in writing and this Agreement shall become null an void, and
all payments made hereunder shall be refunded and all obligations to each other shall cease. If
such written notice is not received on or before the expiration date hereinabove specifi6d,the
BUYER shall be bound to perform the BUYER'S obligations under this Agreement. Further, the
BUYER agrees to provide such reasonable documentation of the BUYER'S failure to obtain such
loan commitment as the SELLER may request. In no event shall the BUYER be deem d to have
used "diligent efforts"to obtain such commitment unless the BUYER submits a complete
mortgage loan application conforming to the foregoing provisions forthwith. The buyer will be
deemed to have used good faith efforts to obtain financing hereunder if Buyer applies to only one
institutional lender or mortgage company for financing hereunder.
i
10. Warranties and-Representations. Except as set forth in Paragraph 9 abovc,the Buyer
acknowledges that the Buyer has not been influenced to enter into this transaction nor .6 it relied
upon any warranties or representations not set forth or incorporated in this Agreement o�previously
made in writing. i
t
11. Non-Foreign Person. The Seller represents to the Buyer that the Seller is not a
"foreign person" as that term is defined in Section 1445 of the Internal Revenue Code and, at the
Closing, will deliver to the Buyer an affidavit to that effect on the date of Closing. Th Seller also
agrees to provide to the Buyer information necessary for the Buyer to file a form 1099B.
II,
12. Notices. Any notices hereunder shall be given in writing by (i) certified hail,return
receipt requested; or(ii) a national overnight courier service; or(iii) facsimile transmissi6n and sent
as follows:
l
Buyer: Irwin Weitz, Esquire
275 State Street,Springfield,MA
413-7464400
Seller: Joseph R. Conway,Esquire
320 Cooper Street
Agawam, MA 01001
Facsimile: 888-853-1919
jkciconway@comcast.net
Any notice shall be effective upon: (i) placement with a national overnight courier service; or
(ii)receipt of mailing by certified mail, return receipt requested; or (iii) receipt of . facsimile
transmission.
3
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13. Concluding Provisions. s
Entire A em eent. This Agreement contains the entire understarlding of the
(a) parties. There are no oral understandings, terms or conditions, and no party
has relied upon any representation, express or implied, not consaued in this
Agreement.
(b) Amendments. This Agreement may not be amended in y respect
whatsoever except by a further agreement, in writing, fully executed by each
of the parties.
I
(c) Successors. This Agreement shall be binding upon and inure tol the benefit
of the parties and to their respective heirs,personal representatives, successors and assigns.
i
(d) Joint Effort. Preparation of this Agreement has been a joint e�fort of the
parties, and the resulting document shall not be construed more severely against one of the parties
than the other.
(e) Captions. The captions of this Agreement are for convenience and reference
only and in no way define, describe, extend or limit the scope or intent of this Agreement or the
intent of any provision contained in this Agreement.
(f) Counterparts. This Agreement may be executed in one or more Jopies, each
of which shall be deemed an original.
(g) Partial Inv_alidi . The invalidity of one or more of the phrases. sentences,
clauses, Paragraphs, Sections or Articles contained in this Agreement shall not affect the validity of
the remaining portions so long as the material purposes of this Agreement can be Bete! ined and
effectuated.
(h) Applicable Law. This Agreement shall be governed by, co , trued and
enforced in accordance with the laws of the Commonwealth of Massachusetts.
I
W Exhibits. All exhibits referred to in this Agreement shall be inco orated into
this Agreement by such reference and shall be deemed a part of this Agreement as if I ly set forth
in this Agreement.
I
{j) Effective Date. This Agreement shall be dated and effective as �of the date
signed by the last party to sign.
14. WARRANTIES
i
The BUYER acknowledges that he has not been influenced to enter into this �ansaction,
I
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nor has he relied upon any warranties or representations not set forth or incorporated in this
Agreement, or previously made in writing, except for the following additional waiTanties and
representations, if any, made by either the SELLER or any real estate brokers, if any, which shall
survive delivery of the Deed: i
i
NONE
ADDITIONAL PROVISIONS
Buyer's obligations are subject to the Seller's satisfactory discharge of the M.G.L.c. 61A lien on the
subject premises consisting of four lots and satisfactory Form A acceptance.
Upon the full execution of this agreement parties agree to take all steps to file for Form A approval
with the Town of Agawam, for approval of the survey/plan endorsed by the Town of Agawam that
"Planning Board Approval under Subdivision Control Law Not Required." Buyer's ob igations are
subject to Form A approval. Parties also agree to take all steps necessary to release the- and subject
to sale from M.G.L.c. 61 A designation.
In the event that the parries are not successful in obtaining approval, all payments mad hereunder
shall be refunded and all obligations to each other shall cease.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as a sealed
instrument on the day and year first above written.
I
i ss J e Mo i
ess Gilbert Morris '
tnes .���
E
Date:
i
rtue Vladimir Ruha, VIP Wmes And Associates, LLC
Buyer ,
Date:
1
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