8690_FORM A - 1014 NORTH STREET EXT..pdf~CoqU -
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• POWERS & LIQUORI
ATTORNEYS AT lAw
84 PARK STREET
•
WEST SPRINGFIELD, MASSACHUSETIS 01089-3336
TELEPHONE, (413) 739·1200
MICHAEL ]. POWERS, ESQ.
mpowers@powersliquori.com
Agawam Planning Board
Town of Agawam
36 Main Street
Agawam, MA 01001
FACSIMItE, (413) 739·1232
October 28, 2013
Re: VIP Homes & Associates, LLC
Form A Subdivision Approval Not Required
North Street Extension, Feeding Hills, MA
Dear Planning Board Members:
GARY B. LIQUORI, ESQ.
gliquori@powersliquori,cOln
In accordance with the Subdivision Approval Not Required approved by you on
September 6,2012, enclosed please find a copy of the conveyance with your requested
restrictions.
If you have any questions, please feel free to call me.
GBL:sb
Enclosures:
cc: Patrick M. Tomey, Esq (w/enclosure) RECEIVED
OCT 30 2013
AGAWAM
PLANNING BOARD
• • Bk 20074 Ps89 +68700
10-28-2013 a ~0=20Q
MASSACHUSETTS QUITCLAIM DEED
I, VLADISLAV VOROBEI, of 1004 North Street Extension, Feeding Hills, Massachusetts
In consideration of FIVE THOUSAND and ($5,000.00) DOLLARS
Grant to V.I.P. HOMES & ASSOCIATES, LLC of 29 Avalon Place, Feeding Hills,
Massachusetts
with Quitclaim Covenants
Certain real estate situated in Agawam, Hampden County, Massachusetts being known
and designated as Parcel "B" as shown on a plan of lots recorded in the Hampden
County Registry of Deeds in Book of Plans 364, Page 41 said lot being more particularly
bounded and described as follows:
Beginning at an iron pipe on the north side of North Street Extension and at the
southwest comer of land of Vorobei; thence
N 71-39-29 W 25.38' along the north side of North Street Extension to an iron pipe;
thence
N 08-30-00 E 210.96' to an iron pipe; thence
S 81-30-00 E 25.00' to an iron pipe; thence
S 08-30-00 W 215.30' to the point of beginning.
MASSACHUSETTS STATE EXCISE TAX HAnPDEN COUNTY REGISTRY OF OEEDS
Dotet 16-28-2013 a 10t2Oaa Ctltt 88 Doc.t 68700
Feel $22.80 Consl $5.000.00
SUBJECT TO easement rights of Western Massachusetts Electric Company under
instrument dated December 10, 1947 recorded with Hampden County Registry of
Deeds in Book 1911, Page 71, if applicable.
SUBJECT TO restrictions of record to the extent the same may be in force and
applicable.
SUBJECT TO easement of way taken for North Street under instrument dated March
24, 1952, recorded as aforesaid in Book 2170, Page 451.
SUBJECT TO the following restrictions which run with the land to be imposed on this
parcel and any other land ofV.I.P. Homes & Associates as found in Book 16050, Page
, • •
452 of the Hampden County Registry of Deeds and also as described as the 3.86 acre
parcel ofV.1. P. Homes & Associates, LLC found in Book of Plans 347, Page 113 of the
Hampden County Registry of Deeds; said restrictions are the following:
1. Any access to the proposed home by V.I. P. Homes & Associates, LLC or
any entity for a driveway will not be on any part of Alexander Avenue,
Feeding Hills, Massachusetts 01030.
2. There will be no construction of any kind on any part of Alexander Avenue,
Feeding Hills, Massachusetts 01030.
3. Any construction of a home by V.I.P. Homes & Associates, LLC, or any
entity will be at least 25 west of the western boundary of Alexander
Avenue, Feeding Hills, Massachusetts 01030.
BEl NG a portion of the premises conveyed to Vladislav Vorobei herein by deed of
Gloria Montanez, aka Gloria M. Montanez dated November 6, 2006, and recorded in the
Hampden County Registry of deeds in Book 16317, Page 86.
:lufh. Witness my hand and seal thisGC..L day of September, 2013.
COMMONWEALTH OF MASSACHUSETTS
County of Hampden September ..,:J.1 ,2013
On this J,1f'hday of September, 2013, before me, the undersigned notary
public, personally appeared Vladislav Vorobei, proved to me through satisfactory
evidence of identification, which was personally known, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me t'1{iN1I'1~'~~,9.
it voluntarily for its stated purpose. ~~'-,""\~~·,·.·sjo:.:: .. J'L."~ ,,:-\.~.~ .. ~ '1'8:'''~? '" r. /oc • .o8·20/'I:O·. 'L -<-~ V •• ~Cj..,.. ~ d~'.'Z-~ _ :~ dI~-;:
~ thia LJ. Sa, Notary PU~iC (" 0 • ) ~
My Commissio xpires: 4/8/ffJ .... ~ ~ ... ~/ §
% "V6:~'~'~(j ~
1-'11 1JJ,f?Y p\l~ \,\",
II/IIJ/ f /liln \\\ \\
, • •
GENERAL RELEASE, SETTLEMENT AGREEMENT
Town of Agawam referred to herein as "RELEASEES." . V.I.P. Homes & Associates,
Ltc referred to herein as "RELEASOR."
WITNESSETH:
Whereas, RELEASOR commenced litigation against RELEASEES. Whereas
RELEASOR and RELEASEES desire to finally compromise and settle the claim and all other
claims completely as among themselves, their agents, servants, and employees and to avoid the
expense of further litigation:
1. General Release. RELEASOR hereby remises, releases and forever discharges
RELEASEES and each and every one of their heirs, administrators, assigns, present and former
agents, representatives, shareholders, employees, servants, attorneys and insurers of and from
any and all claims, causes of action, liabilities and damages of any kind or description, either at .
law or in equity, whether known or unknown, which against RELEASEES, their respective
present and former agents, representatives, employees, servants, insurers or attorneys,
RELEASOR now has or has ever had from the beginning of the world to the date of
RELEASOR'S execution of this GENERAL RELEASE, SETI'LEMENT AGREEMENT,
hereinafter the "Agreement," including, but not limited to, any and all claims which were or
could have been asserted as a result of the subject matter of Hampden County SuPerior Court
docket number 1 0-1 002, or any claims which could in any way be supported by the allegations
made, or claims for attorneys' fees, punitive damages and costs in connection with the Actions;
or any claim, complaint, or charge.
2. No Admission of Liability. The undertakings in this Agreement are entered into
solely in settlement of disputed claim which RELEASEES deny, and are not and sluiJ.l not be
• •
construed as any admission that any of the facts asserted by RELEASOR are true. RELEASEES
deny that they or any of them have engaged in any unlawful conduct and assert that the
undertakings in this Agreement are entered into to settle a disputed claim and avoid the cost of
further litigation.
3. Commencement of Claims. RELEASOR specifically covenants and agrees that it
will not promote or encourage any other person or entity to commence any claims, demand or
action against the Town of Agawam, or assist in any way in any present or future claim, demand
or action against the Town of Agawam.
4. Consideration. TIris Agreement contains the entire agreement between and
among the RELEASOR and RELEASEES and its terms are contractual and not merely a recital.
It is expressly understood and agreed that there has been no promise or representation except as
expressly provided herein. The consideration for this Agreement is the following terms,
conditions, and understandings:
A. RELEASEE agrees to sign a Form A. Subdivision Approval Not Required for
the Plan that was submitted to the Agawam Planning Board on August 20, 2012
attached as Exhibit "A" subject to the restrictions outlined in Exhibit "B" which
will be incorporated as permanent restrictions to run with the land for the 3 .86
acre parcel of the V.I.P. Homes & Associates, LLC together with the .30 acre
parcel owned by V J.P. & Associates, LLC from Gloria Montanez by deed
recorded in the Hampden County Registry of Deeds on Septernber24, 2010 at
Book 18469, Page 490. Said restrictions attached as Exhibit "B" will also run
with the land on the proposed 5,329 square foot parcel that V.I.P Homes &
Associates, LLC is proposing to purchase from Vladimir Vorobei as outlined in
2
, • •
Exhibit "A". RELEASEE further agrees to submit a plan dated
contemporaneously with this agreement for signature.
B. RELEASOR will execute a stipulation of dismissal with prejudice and file same
with the Hampden County Superior Court. See Exhibit "C" RELEASOR further
agrees place restriction reflecting the language in Exhibit "8" into any deed when
the property is conveyed; said restrictions are to run with the land.
5. No Compensation Owed. Except as provided in Section 4 above,
RELEASOR hereby agrees and acknowledges that it has received full payment in satisfaction
of all claims known or unknown from RELEASEES.
6. No Additional Claims. RELEASOR represents that it has not filed any
complaint or charge or instituted any legal proceedings against RELEASEES in any court,
administrative agency or govermnental entity other than the above referenced Hampden
County Superior Court Docket Number 10-1002.
7. General Provisions.
a Voluntary Agreement. 8ysigning this Agreement, RELEASOR
acknowledges that it understands its provisions and that it makes the agreement voluntarily.
b. Attorneys' Fees. All parties to the Agreement shall bear their own
attorneys' fees and costs, and RELEASOR shall not be considered a "prevailing party" under
Federal or state law.
c. Severabilitv" The invalidity or unenforceability of any provision hereof
shall in no way effect the validity or enforceability of any other provision, or any part thereof.
3
• •
d. Enforcement and AIlPlicable Law. This Agreement shall be governed by
and construed as a sealed contract in accordance with the laws of the Commonwealth of
Massachusetts.
e. Entire Agreement This Agreement constitutes the entire agreement
between the parties hereto pertaining to the subject matter hereof and supersedes all prior and
contemporaneous agreements, understandings, negotiations and discussions, whether oral or
written, between the parties, and there are no warranties, representations, or other agreements
between the parties in connection with the subject matter hereof except as specifically set forth
herein.
f. Modification or Waiver. This Agreement may only be amended or
modified by a written instrument. The failure of any party at any time to require the performance
of any provision hereof shall in no manner affect the right of such party at a later time to enforce
the same.
g. Access to Counsel. RELEASOR represents and agrees that it has been
represented by counsel at all times relevant to this settlement and that it has consulted with
counsel prior to signing this Agreement.
V.lP. Homes & Associ
By: 'l Iv
Commonwealth of Massachusetts
Hampden. SS. August iLl 2012
On thisJ 7 ~ day of,-;;-,~~~~~
public, personally appeared ~;:~~~~~~t~~~;;~~~ satisfactory evidence of identification , which were
whose name is signed on the proceeding or attached ocument, and acknowledge to me that
shelhe signed it voluntarily for its stated purpose, as hislher free act and deed. -
4
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PLAN OF PROPERTY
IN AGAWAM. MA
I'RI'PAAI'D FM:
VIP Ham.c It Alsoc!otell,LC
?!:I A.voI!)1l I#InCfI
FtleO'lng H~I'. MA
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• • •
ExhibitB
PROPOSED RESTRICTION ON FORM A
SUBDIVISION APPROVAL NOT REQUIRED
The Parties agree that any access to the proposed home for a driveway will not be on any
part of Alexander Avenue, Feeding Hills, Massachusetts, the paper street that runs perpendicular
to North Street Extension. The Parties also agree that there will be no construction of any kind
on any part of Alexander Avenue owned by V.I.P Homes & Associates, LLC. The Parties also
agree that any construction of a home will be at least twenty-five (25) feet west of Alexander
Avenue; Feeding Hills, Massachusetts.
Date
Date
7
•
• •
Exhibit C
COMMONWEAL lli OF MASSACHUSETIS
TIIE TRIAL COURT OF THE COMMONWEALTH
Hampden County, ss.
V.J.P. Homes & Associates, LLC )
Plaintiff )
VS. )
)
)
Agawam Planning Board )
David Chase, Mark )
Paleologopoulos and Michael )
Morassi . )
Defendant )
Hampden County Superior Court
Docket No. 10 -1002
STIPULATION OF DISMISSAL
WIlli PREJUDICE
Pursuant to Rule 41 (A) (1) (ii), Massachusetts Rules of Civil Procedure, the parties to the above-
captioned action stipulate that it be dismissed with prejudice, alI parties to bear their own costs.
Dated: August31, 2012
iqu , sq.
Powers Liquori
Attorneys at Law
84 Park Street
West Springfield, MA
Tele: 413-789-1200
Fax: 413-739-1232
B.B.O. #301655
8
,
by: .~~~~~~--~ Vincent F. Gioscia, Esq.
Agawam Law Department
Town of Agawam
36 Main Street
Agawam, MA 01001
Tele: 413-786-0400 ext. 8281
fax: 413-786-9927
B.B.O. # 635833
• POWERS & LIQUORI
ATTORNEYS AT LAw
84 PARK STREET
•
WEST SPRINGFIELD, MAsSACHUSETTS 01089-3336
TELEPHONE, (413) 739-1200
MICHAEL J. POWERS, ESQ.
Dlpowers@powersliquori.com
FACSIMILE, (413) 739-1232
September 7,2012·
VIA FACSIMILE to (413) 786-9927 & FIRST CLASS MAIL
Agawam Planning Board
Town of Agawam
36 Main Street
Agawam, MA 01001
Re: VIP Homes & Associates, LLC
Form A Subdivision Approval Not Required
,.N?rth Street Extension. Feeding Hills, MA
Dear Planning Board Members:
GARY B. LIQUORI, ESQ.
gliquori@powersliquori.com
Pursuant to our agreement, please be advised that the Form A Subdivision
Approval Not Required was recorded in the Hampden County Registry of Deeds this
morning. Attached is my receipt from the Registry of Deeds indicating the time of
recordings as 11 :03 A.M. on September 7,2012. The document is officially recorded
in Book of Plans 364, Page 41 of the Hampden County Registry of Deeds.
If you have any questions, please feel free to call me.
GBL:lab
Enclosures.
• ,.
RECEIPT Printed:09-07-2012 • 11:03:44
HAMPDEN COUNTY REGISTRY OF DEEDS DONALD E. ASHE, REGISTER
Trans.: 223331 Oper:PLANS
Book: 364 Page: 41
CtIH: 117 Rec:9-07-2012' 11:03:44a
DOC DESCRIPTION TRANS AMT --------------------PLANS
$20.00 surcharge 20.00
5.00 Surcharge 5.00
50.00 reo fee 50.00 --------
Total fees: 75.00
••• Total oharges: 75.00
CHECK PM 25786 75.00
• •
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
September 6, 2012
VIP Homes & Associates LLC
29 Avalon Place
Feeding Hills, MA 01030
Dear Mr. Ruha:
At its duly called meeting held on September 6,2012, the Agawam Planning Board voted to
approve your plans under "Subdivision Control Law Not Required" for a parcel ofland located
on North Street Ext.. Plans drawn by Anderson Associates and dated August 20, 2012.
Sincerely,
Please be advised that failure to record the plan within six (6) months and provide proof of
recording will negate the action of the Board. Detach on dotted line and return to the Agawam
Planning Board, 36 Main Street, Agawam, MA 011001.
.................................. , ....................................... .
To Agawam Planning Board
Please be advised that the Form A plan that was filed by VIP Homes & Associates LLC and
approved by the Agawam Planning Board for a parcel of land located on North S1. Ext. has been
recorded at the Hampden County Registry of Deeds. Bookof PlaE .li4 , Page -"4,,,1 __ _
Signature of Applicant ~ eov
VIP Hanes &
• •
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
. Tel. 413-786-0400 Fax 413-786-9927
September 6, 2012
VIP Homes & Associates LLC
29 Avalon Place
Feeding Hills, MA 01030
Dear Mr. Ruha:
:= ~
At its duly called meeting held on September 6, 2012, the Agawam Planning Board voted~ j~ ~
approve your plans under "Subdivision Control Law Not Required" for a parcel of land lo/iied ,,,3:
on North Street Ext.. Plans drawn by Anderson Associates and dated August 20, 2012. ~p . . 0 ->-,'rrl
-;0 -0 :,"'~ Sincerely, 3 :Xu;
N' >0 ., ."
Please he advised thatfailure to record the plan within six (6) months and provide proof of
recording will negate the action of the Board. Detach on dotted line and return to the Agawam
Planning Board, 36 Main Street, Agawam,MA 01100 I .
.. . -....................................................................... ,
To Agawam Planning Board
Please be advised that the Form A plan that was filed by VIP Homes & Associates LLC and
approved by the Agawam Planning Board for a parcel of land located on North S1. Ext. has been
recorded at the Hampden County Registry of Deeds. Book , Page ___ --
Signature of Applicant _____________ _
.."
(") ,.,
• •
TOWN OF AGA W AM, MASSACHUSETTS
FORMA
Application for Endorsement of Plan Not Believed to Require Approval
FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY
WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF
SECTION 11-B
_---:.;A::ougu=s.::..t ..=2=.2 ___ 201L-
TO THE PLANNING BOARD:
The undersigned, believing that the accompanying plan of his property in the Town of
Agawam does not constitute a subdivision within the meaning of the Subdivision
Control Law, herewith submits said plan for a determination and endorsement that
Planning Board approval under the Subdivision Control Law is not required.
1. Name of Applicant V. I. P. Homes & Associates, lLC
Address 29 Avalon Place, Feeding Hills, MA 01030
Phone # (413) 374-5439 Fax# (413) 732-2334 email~ _____ _
2. Name of Surveyor Ronald H. Huot, Anderson Associates
Address 375 Walnut Street Ext., Agawam,MA 01001
Phone# (413) 348-8911 Fax#_'.>..., ___ -'-=-'_. lmail, ______ _
3. Deed of Property Recorded in Hampden County Registry of Deeds
Book 16317 Page _8::.:6'----__ _
4. Location of Property North Street Extension, Feeding Hills, MA
5. Describe the proposal in this submission: The applicant is Jxoposing to p~chase
parcel B from Vladislov Vorobei. This will give tfie applicant sutficient
front(sg,e for one b..iilding·lot and Mr. Vorobei will still have enough
frontage [110 feet] to comply with frontage requirement in this zone.
ATTACHMENTS -Two originals and three copies of plan by certified land
surveyor. Filing Fee -$50.00 plus $20.00 per Jot.
Signature of Owner ~ ~ Address 29 Avalon Place r '/1~ Feeding Hills, MA
N / F
MARIO TROLIO
B. 12252 P. 357
w
0-00
-L{) o ' n ro 00 n o
Z
VIP Homes & Associates, LLC
B 16050 P. 452
3.86 Acres
Book of Plans 347 Page 113
-~
Parcel B
5329 s. f.
To become
part of
other land
of VIP Homes
& Assoc',ates, LLC
110.0~
N / F
Parcel A
#R.,Sidence 022
~~~170.00'
I I
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Z I
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I I I
N71'39'29"W ~~ Totol 117.31'
91.93'
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«
VIP I--OMES & ASSCCiAiES, LLC
B. 18469 P. 490
Dated: 9/24/10
S81'30' O"E N81'30'OO"W
25.00'
3:
0-00 _ n o r ~ ro N o
(/)
112.50'
N/F
Vladislav Vorobel
B. 16317 P. 86
ReSidenc # 1004 e
00
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w
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n
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ANDE'<~;')N"SSOCI A TES
LAND SljRVEYOR, LAND
PLANNI~,G CONSULTANT,
SITE JE. :lG~
375 WAlNUT STREET EXTENTION
P.O. Be'" 3e2
AGAWA~'i. M.·'.sSACHUSETTS 01001
Tel. 413 52~'-4145
Fax 413 53:,-9975
I
PLA\
IN
CF PROPERTY!
f.,C,;ANAM,
i.1
MA
P~EPARED FOR:
VIP Horr'?s & Associates,LLC
29 Avol:>n Place
NOR
25 38' N71'3' .
113.95'
N71'39'29"w
Feedin'j . H 5, MA
T H s
This plo.n does not constitute 0.
subdivision therefore o.Pprovo.l
under the Subdivision Control
Lo.W is not required,
5eY"'J~rn<!3E .e:..
T R [ [ T [ X T [ N S o N
I---~--"-"---------~
-+--------------~
1--4----" .-.c-------------i
1---4---,,--.------------1
NO. CA liE DESCRIPTION f-:":::':'-.l...--=-" .-.-----~-----"-____j
This plan ilre~)o.red in occordo.nce
with the ,rules o.nd regulo.tions of
the Regisc:ry ::>f Deeds.
p,,,', ? '),{LuIL ,,' Do. tel _A:IJguS . ..:.t--'2=..0:.,:,-=c2.::.O--'12=-___ _
'. ".~~~ I J~;\~~~''iI'' l ,.1.,& w'··
SCALE: 1" 40' DATE: August 200, 2012
GRAPHIC SCALE
40 0 20 40 80 160 r-.-.-;j-I--I----~I D'<AWING NO.
IN FEET) ;, ,
-1,1--·
1 inch = 40 It.
'1·_··-----------