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Broad Brook Cookes Pasture closing and grantsDoc: 940028757 OR /4609/0117 12/29/199414:44 THE COMMONWEALTHOF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DIVISION OF CONSERVATION SERVICES SELF-HELP PROGRAM PROGRAM AGREEMENT Made this 9th day of November between the City of Northampton, hereinafter referred to as the PARTICIPANT and the Commonwealth of Massachusetts acting by and through the Secretary of the Executive Office of Environmental Affairs, hereinafter referred to as the COMMONWEALTH See deed recorded Book 4595,Page 134 WHEREAS, the PARTICIPANT has established a Conservation Commission under Massachusetts General Laws chapter 40, section 8C and has made application to the COMMONWEALTH for assistance under the Massachusetts Self-Help Program, so-called under Massachusetts General Laws chapter 132A, section 11, as it may be amended, for a project briefly described as follows: (describe project and. include description of property) This project shall consist of the acquisition of 147.5 acres of land in fee shnple known as Cookes Pasture, Self-Help #5. , hereinafter the PROJECT. WHEREAS, the COMMONWEALTH has reviewed said application and found the PROJECT to be in conformance with the purposes of Massachusetts General Laws chapter 132A, section 11 (and any other relevant statutes of state program). WHEREAS, the COMMONWEALTH has approved said application and has obligated certain funds in the amount of ONE HUNDRED TWELVE THOUSAND, TWO HUNDRED DOLLARS ($112,200). 1. WITNESSETH: the COMMONWEALTH and the PARTICIPANT mutually,. agree to perform this agreement in accordance with the Massachusetts Self-Help Program, so-called, and Massachusetts General Laws ellapter 132A, section 11 and chapter 40, section 8C. .2. The PARTICIPANT agrees to perform the PROJECT described previously by authorizing "its -CONSERVATION COMMISSION to manage, maintain, and operate the PROJECT in accordance with the terms of and the obligations contained in the PARTICIPANT'S preliminary and final applications and any other promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances made part thereof, and with any special terms and conditions attached hereto, all of which are incorporated by reference. t ' 1 ~ \ Doc; 940028757 OR /4609/0118 12/29/199414,44 Self-Help #5 All significant deviations from the PROJECT shall be submitted to the COMMONWEALTH for prior approval. 3. The PARTICIPANT agrees that the facilities of the PROJECT shall be open to the general public and shall not be limited to residents of the PARTICIPANT The PARTICIPANT shall prominently display on the PROJECT a sign designated by the COMMONWEALTH indication the PROJECT received Self-Help funds. 4. The PARTICIPANT acknowledges Article 97 of the Massachusetts Constitution which states, in part, that: "Lands and easements taken or acquired for such (conservation) purposes shall not be used for other purposes or otherwise disposed of except by laws enacted by a two-thirds vote, taken by yeas and nays, of each branch of the general court." The PARTICIPANT hereby agrees that any property or facilities comprising the PROJECT will not be used for purposes other than those stipulated herein or otherwise disposed of, unless the PARTICIPANT receives the appropriate authorization from the General Court, the approval of the Secretary of Environmental Affairs, and any authorization required by the provisions of Massachusetts General Laws chapter 40, section 15A. 5. The PARTICIPANT further agrees that despite any such authorization and approval, in the event the property or facilities comprising the PROJECT are used for purposes other than those described herein, the PARTICIPANT shall provide other property and facilities of equal value and utility to be available to the general public for conservation and recreational purposes provided that the equal value and utility and the proposed use of said other property and facilities is specifically agreed to by the Secretary of Environmental Affairs. 6. Failure by the PARTICIPANT to comply with this PROJECT agreement may, at the option of the COMMONWEALTH suspend or terminate all obligations of the COMMONWEALTH hereunder. 7. Finally, since the benefit desired by the COMMONWEALTH from the full compliance by the PARTICIPANT is the existence, protection, and the net increase of conservation lands and public outdoor facilities which have been preserved in their natural state insofar as is practicable and because such benefit exceeds to an immeasurable and unascertainable extent the amount granted by this agreement, the PARTICIPANT agrees that payment by the PARTICIPANT to the COMMONWEALTH of money would be an inadequate remedy for a breach by. the PARTICIPANT of this agreement, and agrees therefor that, as an alternative or an additional remedy, specific performance of the PARTICIPANT'S obligation under either Article 2 or Article 5 may be enforced by the COMMONWEALTH 8. The PARTICIPANT agrees to record a copy of this agreement at the Hampshire Registry of Deeds at the same time the deed for the land comprising the PROJECT is recorded. Doc; W028757 OR /460910119 12/29/199414;44 Self-Help #5 TTS PARTICIPANT BY _ Ch' f Executive Officer CONSERVATIONCOMMISSION BY v ell Attached hereto evidence of authority to execute this contract on behalf of the PARTICIPANT: In the case of a municipality, a certified copy of the vote or votes of the governing body authorizing the PROJECT, appropriating the municipality's funds therefor, and authorizing execution of this agreement by the Officer, Board, or i Commission whose signature(s) appear above. j~ ~A Doc; 940028757 OR /4609/0120 12/29/199414;44 CITY OF ' ORTHAAIpTOy NL4SSACHUSETfS A Cly Council' November 3. 190A Upon the recommendation of the Conservation Commission r ere gat BE IT RESOLVED WHEREAS, the p Coun~iln Co nservation commis Recreation Plan, adopted by the Cit Recreation commission,. sion, Planning Board y. , 'and Pasture as the Cit fs identifies the 147.5 acre Cookes priority; and y s conservation acquisition WHEREAS, the City will Massachusetts. SelfCBelg a $112,200 grant from the Pasture; and p Program to purchase Cookes the City has received -Broad Brook Coalit a ion commitment of $28,260 from the organizations to assist withn the other conservation . Pasture and to provide additional supPurchae portswit Of Cookes costs and necessary trail improvements; h closing , and rinr,tCEAS, City Council has alr Purchase of Cookes pa tae approved bonding for the after reimbursements of with the final city cost $49,540; NOW, THEREFORE BE IT RESOLVED, The City Council hereb commission of the Cit y authori_zens.~thQ Conservation y of No uthoptoto accept an otion to purchase...and--to -acquire Cookes Pasture p from the Northampton (Map ID P Land ) successors' in interest f0- r or their land; ► for $19 o,0op, ,as conservation 41 AlVD, The City } tCouncil . hereby authorizes-',:t+ Commission to accept grants and he Conservation purchase and to acce t donations to fund this conserva p grants and =,don'a dzon Commissz tions to costs and oth On's Conservation Fund for closing lander eligible costs related., to conservation purchase's`` n Doc. 94002815108 /4609)L_ 12/29/1994 14; 44 _ CITY OF NORTHAMPTON MASSACHUSETTS l.ounci~ November 3, 1994 . Upon the recommendation of the Conservation Commission aclered, that , . BE IT RESOLVED WHEREAS, the conservation commission hopes to purchase Cookes Pasture with a combination of state and city funds and private grants and donations, with the City paying for approximately 25% of the purchase; and WHEREAS, a 13.6 acre parcel abutting Cookes Pasture (Map ID 13-4) which is owned by the current owners of Cookes Pasture, is also an important conservation and passive recreation resource; and 'WHEREAS, the City has received a commitment from the Broad Brook Coalition and other conservation organizations to assist with the..purchase of Cookes Pasture. and this abutting .parcel;.and WHEREAS, the Conservation commission is not requesting any new appropriation for this purchase and will only purchase the land if they receive donations and grants to allow the purchase of this property; NOW, THEREFORE BE IT RESOLVED, The City council hereby authorizes the Conservation Commission of the City of Northampton to accept an option to' purchase and to acquire the above parcel from the Northampton Land Partnership, or their successors. in interest, for $16,100, as conservation land; AND, The City Council .-.hereby -authorizes the conservation commission to accept grants and donations to fund-this purchase„and to make trail improvements, ;44 ~.Q.,,~IU:v1a~',. J.1.e1 . .ATTEST: 14ARIANNE.:T~ v ~eCrIUE Doc: 940026969 OR /4595/0137 11/30/199416:00 City of Northampton Massachusetts DISCLOSURE STATEMENT This disclosure statement is made pursuant to the. provisions of General Laws Chapter 7,. Section 40J, which requires that where real property shall be rented or sold to, or rented or purchased from, the City of Northampton, this statement, signed under the penalties of perjury, be filed by the lessor, lessee, seller or purchaser (as the case may be) with the deputy commissioner of capital planning and operation. Such agreement to sell or lease shall not be valid, nor shall any payment be made thereunder, until this section has been fully complied with. 1. The real estate matter to which this disclosure statement is made is: 161.1 being sold by Northampton. Land Partnership to the Conservation Commission of the City of Northampton. Property includes Parcel 7 on Northampton Assessors Map 12 and Parcel 4 on Northampton Assessors Map 13 .2. The true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property are as follows, identifying any such person who is an official elected to public office in the Commonwealth of Massachusetts' and the- office held. e7 4. Any renewal or extension of an agreement of sale or lease shall require full disclosure under this Section. Please send the fully executed disclosure statement to: . Wayne Feiden Office of Planning & Development City Hall, 210 Main Street Northampton, MA 01060 5. We will file with: Division df Capital Planning & Operations Office of the Deputy Commissioner 100 Cambridge Street. Boston, Massachusetts_.02202 Signed. under the penalties of perjury;---- this o vembe.r..:~ , --1994 9 - (disclosure 7/25/94) A TRUE COPY, TTEST ayne-Feid-en; Principal P1 3. During the term of a rental. agreement, any change of interest in-such property. shall require full disclosure under this Section. l~ I ~i I Doc 940026969 OR /4595/0138 11/30/199416;00 Neal Welch Partners, Inc. Owen Lococo av' One Talcott Plaza Lococo Painting Co. Hartford, CT 06103 P.O. Box 195 Florence, Na 01060 Leeco Investments Lee Christenson c/o Christenson Paint Co., Inc. Christenson Paint Co., Inc. 24 North King Street - 24 North King Street Northampton, MA 01060 Northampton, MA 01060 Neal J. Welch 1035 Coleman Road Cheshire, CT 06410 Eli Drazen 299 Wallingford Road Cheshire, CT 06410 - James M. Coady 20576 Linksview Circle Boca Raton, FL 33434 William G. Marino 3746 Sacramento Street San Francisco, CA 94118 Ronald S. Obenauf 9426 Del Thomas Road Smyrna, TN 37167 W °~M sve~ ~(/(/G(/W/v ~ `l/d~GUGi~~JLGLG(S`~/ leJ 'r~LCE~(f/ 100 yea, mae-an/ 02202 November 9, 1994 Wayne Feiden Community Development City Hall 210 Main Street Northampton, MA 01060 Re: Cookes. Pasture Self=Help Grant #5 Dear Mr. Feiden: I am pleased to officially confirm that the Cookes Pasture proposal has been selected by the Executive Office -of Environmental. Affairs to receive, up to $112,200 in -state. Self-Help Program assistance. The protection of this 148 acre' conservation area has been a high priority. of this office for many years, and I trust that the city will be; able to proceed quickly with the acquisition. Due to the urgency in meeting the goal of DCS's bond fund spending cap, I must advise that your project must be completed and closed out by June 1, 1995. If you have any difficulties in meeting.this spending target, please contact my office without delay. The next step in the approval process is to execute the Self-Help. contracts. Enclosed are two copies of the Self-Help agreement for Mayor Ford's signature. Please have both signed and return both to this office for Secretary Coxe's signature. One original will be returned to you for recording and your files. In addition to this state agreement, there is a Standard Terms and Conditions contract from the Executive Office of Administration and Finance which also must be signed and returned. This document permits our fiscal department to establish an account for your project. No reimbursement requests can be honcjrea unless the state standard contract is also signed and returned. After the contracts have been executed, you may proceed with the purchase of the property. Please refer to the Self-Help regulations (301 CMR 7.07 Step 10), for information on requesting your reimbursement, as well as the reimbursement procedures enclosed with this letter. I am also enclosing a quarterly report form which is due by the first business day of March, June, September and December. Please remember that acceptance of the state grant requires that this site remain open to the general public and prohibits any other use than conservation. Conversion of the property to a non- conservation use requires a majority vote of the conservation commission, two-thirds vote of the city council, two-thirds vote of the state legislature, MEPA review and replacement of this property with other property of equal or greater monetary value and conservation use, all at the expense of the city. You will be working with Joan Robes of my staff on this project, and she can be reached at 617/727-1552 extension 544 if you have any questions regarding the reimbursement procedures. Sincerely, JA. Lerner Director enc. cc: The Honorable Mary Ford, Mayor Senator Stanley Rosenberg Representative William Nagle City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission TO: Cookes Pasture file FROM: Wayne Feiden, Principal Planner :1 / RE: . Breakdown of funds for Cookes Pasture purchase DATE: December 5, 1994 Funds for purchasing property was drawn from conservation fund-43,360, ledger account #02- 32303--$15,500 and borrowing authority $187,240. The borrowing authority is being paid back as outside donations and grants are received. Final source of funds for purchase is summarized below. Closing costs ($1,682) were drawn from to ordinary maintenance OPD accounts. Appraisals and appraisal review were drawn from FY 94 and FY 95 OPD/Conservation Commission budget. City of Northampton--ConservationFund $ 3,360 City of Northampton--long term borrowing authority $49,540 11/18/94 --$187,240 drawn from borrowing authority #03-39742 Valley Land Fund (on request of Broad Brook Coalition) $ 650 - Deposited 12/1/94 #03-39742, to pay back short term borrowing authority Wharton Trust, (on request of Broad Brook Coalition) $ 5,000 CHECK DUE IN DECEMBER, TO BE Deposited 11/21/94 #03-39742, to pay back short term borrowing authority Broad Brook Coalition $15,500 Deposited 11/7/94 #02-32303, land acquistion Broad Brook Coalition . $ 9,800 , Deposited 11/28/94 #03-39742, to pay back short term borrowing authority Broad Brook Coalition . $ 50- Deposited 12/2/94 #03-39742, to pay back short term borrowing authority Sweet Water Trust (passed through Broad Brook Coalition) $10,000 Deposited 11/21/94 903-39742, to pay back short term borrowing authority Massachusetts Self-Help Program $112,200 DIRECT DEPOSIT DUE IN MARCH, TO BE Deposited #03-39742, to pay back short term borrowing authority TOTAL PURCHASE PRICE $206,100 ORIGINAL PRINTED ON RECYCLED PAPER CLOSING STATEMENT Sale of approximately 160 acres located in Northampton, Massachusetts, by Northampton Land Partnership to the Town of Northampton. Closing Date: November 30, 1994 , Sale Price Mortgage Release Payment - Parcel 13-004-001 Adjustments to Seller: Real Estate Tax Adjustment 2nd Half 1994 11/30/94-12/31/94 = 32 days 1) Parcel 13-004-001 ($398.86/365 = $1.093/diem) $1.093/diem x 32 days = $34.98 2) Parcel 12-007-001 ($4,298.11/365 = $11.776/diem) $11.776/diem x 32 days = $376.83 Total Due Seller Expenses of Seller: 1) 2) $206,100.00 $206,511.81 ($43,350.00) Real Estate Taxes Due Parcel 13-004-001 a) Tax Title Settlement b) Second half 1994 Payment c) Interest Second Half Payment (10/11/94-11/30/94) ($199.44 x 14%/365 = $.08/diem) ($.08/diem x 50 days ($2,162.78) ($199.44) ($4.00) 3) Real Estate Taxes due Parcel 12-007-001 a) Tax Title Settlement ($22,672.88) b) Second half Payment ($2,149.06) C) Interest Second Half Payment (10/11/94-11/30/94) ($2,149.06 x 14%/365 = $.82/diem) ($.82/diem x 50 days $41.00 Subtotal 4) Mortgage Release Payment - Parcel 12-007-001 $135,932.65 ($135,932.65) NET PROCEEDS TO SELLER $0 l 30-NOV-1994 16:02:59 Hampshire County Registry of Deeds Marianne L. Donohue, Register of Deeds 33 King Street Northampton, MA 01060-3298 Name: NORTHAMPTON OFFICE OF PLANNING & DEVELOPMENT Addr: CITY HAIL, 210 MAIN STREET NORTHAMPTON, MA 01060-0000 Receipt Type: OR Payment Total Pages: 0005 Fees Taxes Fee: $ 12.00 Cash: $ 0.00 $ 0.00 Tax: $ 0.00 Check: $ 0.00 $ 0,00 Misc.. $ 0.00 Charge: $ 12.00 Charge Code: NOPL Comment: OC Receipted By: BETH WASLICK Receipt No: 10516 Status: PAID DOCUMENTS: 940026973 to 940026973 BOOK ASSIGNMENT: OR Book# 4595 Pages 0156 to 0160 T,ype Page Doc Mref Consider$ Record Fee Excise Tax Stat Misc Fee Record Date Document# Book/No/Page Status ----------I- MIS3 005 0001 0002 0.00 12.00 0.00 0.00 30-NOV-1994 16:05 940026973 OR /459510156 INIT -P wee Page 0001 of 0001 30-NOV-1994 15:57:14 Hampshire County Registry of Deeds Receipt No: 10514 Marianne L. Donohue, Register of Deeds 33 King Street Northampton, MA 01060.3298 Name: ATTY T. WILSON FLANDERS Addr: 351 PLEASANT STREET NORTHAMPTON, MA 01060-0000 Receipt Type: OR Payment Total Pages: 0024 Fees Taxes Fee: $ 72.00 Cash: $ 0.00 $ 0.00 Tax: $ 0.00 Check: $ 20.00 $ 0.00 Misc: $ 0100 Charge: $ 52.00 Charge Code: NOPL Comment: CITY OF NORTHAMPTON Receipted By: BETH WASLICK St atus: PAID DOCUMENTS: 940026967 to 940026 972 BOOK ASSIGNMENT: OR Bookit 4595 - Pages 0132 to 0155 Type - Page Doc - - Mref C - onsider$ Record Fee Excise Tax $tat Misc Fee Record Date Document# Book/No/1'age Status MIS1 - - 001 0001 0000 0.00 4.00 0.00 0.00 30-NOV-1994 15:58 940026967 OR /4595/0132 INI'r M151 001 0001 0000 0.00 4.00 0.00 0,00 30-NOV-1994 15:58 940026968 OR /4595/0133 INIT DEED 013 0001 0000 0100 34.00 0.00 0.00 30-NOV-1994 16:00 940026969 OR /4595/0134 INIT MISS 004 0001 0000 0.00 10.00 0.00 0.00 30-NOV-1994 16:00 940026970 OR /4595/0147 INIT MISS 003 0001 0001 0.00 10.00 0.00 0.00 30-NOV-1994 16:01 940026971 OR /4595/0151 INIT MIS3 002 0001 0001 0.00 10.00 0.00 0.00 30-NOV-1994 16:01 940026972 OR /4595/0154 INIT Page 0001 of 0001 City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission Northampton Conservation Commission Minutes of Meeting November 14, 1994 Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, Massachusetts Members present: Chairman Mason Maronn, Frank Fournier, Louis Moore, Michael Reed Associate Members: James Raymond Staff Present: Paulette L. Kuzdeba, Senior Planner Mary H. Martineau, Board Secretary Wayne M. Feiden, Principal Planner Chairman Maronn called the meeting to order at 7:25 P.M. UPDATE ON LAND ACQUISITION EFFORTS Wayne FeidenPrincipal Planner said he wanted to update the Commission on land acquisition. He said that the City had a signed option for $206,200 for Cookes Pasture and a commitment of $112,200 in State funds for the purchase. He expected that closing costs would be approximately $900 for attorney's fees. Louis Moore moved to approve final authorization to purchase 161 acres, more or less, at Cookes Pasture from Northampton Land I Partnership or their successors in interest for $206,200 plus closing costs. Frank Fournier seconded the motion which passed unanimously 4:0. Louis Moore moved to approve the management plan, as amended during discussion (copy attached) for Fitzgerald Lake Conservation Area, including approval of proposed area and trail names and approval to implement the plan. (Plan to be amended in the future as needed and with BBC input). Michael Reed seconded the motion which passed unanimously 4:0. The Conservation Commission took no formal vote on the request for approval to accept donations of land in the Broad Brook region north of the existing conservation area but noted that they were in favor of the request. 1 -ORIGINAL-PRINTED-ON-RECYCLED PAPER Louis Moore moved to approve amend' gO'Vhe Memorandum of Understanding with the Broad B Coalition to include the revised boundaries for the-,wF%tzgerald Lake Conservation Area. Michael Reed seconded thmot ion which passed unanimously 4:0. Frank Fournier pdv-ed to appoint Molly Hale as an Associate member (consultant) the Conservation Commission for the purposes of trail mapp' g and GPS work only. Michaeledeconded the fi- motion w ch passed unanimously Louis Moore moved to have-thE ~ Conservation Commission not exercise its right of st refusal and release Chapter 61A on the South side of sterfield Road for the Misterka property. Frank Found ier conded the motion which passed unanimously 4:0. Louis Moore noted a correction on Page 3, paragraph 2, line 7 should read: November 14, 1994 after which time . Louis Moore moved to accept th October 24, 1994 Conservation commission meeting minut , amended. Michael Reed seconded the motion which passed l nimously 4:0. ter,; y.;........ At 7 30; "P.M. -ai.r Mason Maronn opened the C,ont huation of a Publid- Hear =ng on a Notice of Intent f11edl'by the Massachusetts High*ay ,A4partment, " for maintenanc~nd improvement of an exi4i g public roadway, known,,. It Route 66, Northampton." Paulette Kuzdeba told tP-,,e'Commission that she had received a Fax from the Mass. Highwaz bepartment requesting that the Conservation Commrillion hearing scheduled for tonight be continued to t--e next Conservation Commission meeting.-scheduled for Nove e_-. 28, 1994. Kuzdeba also provide,lorah update on the resultsro the site visit with three co.,mmIssioners and areas of conceA~ from that visit. _ Louis Moore moved to cony-6"' the Public Hearing to November 28, 1994 at 7:45 P.M. in t;wd Council Chambers, Wallace J. Puchalski Municipal Buildin 12 Main Street, Northampton. Frank Fournier seconded the Iti.on which passed unanimously 4:0. At 8:00IM. Chairman Mason Maronn opened the Public Hearing on a Notice of Intent filed by Andrea Stone and Suzanne Harwood for minor tree cutting within the 100' buffer zone of a bordering vegetated wetland on Lot 25, Greenleaf Drive. Maronn read a copy of the legal notice which was published in the Daily Hampshire Gazette on November 7, 1994 and reviewed procedures for conducting public hearings. Rich Brazeau of Almer Huntley & Associates was present on behalf 2 City of Northampton, Massachusetts Office of Planning and Development City Ball • 210 Main Street Northampton, MA 01060 • (413),586-6950 FAX (413) 586-3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission ce PED ? November 14, 1994 Division of Capital Planning & Operations Office of the Commissioner ATTN: Tom Younger One Ashburton Place Boston, Massachusetts 02108 RE: Cookes Pasture/Northampton Land Partnership purchase Dear Mr. Younger: Pursuant to the provisions of General Laws Chapter 7, Section 40J, we are filing a disclosure statement relative to a parcel of land that is being purchased by the city. c Please contact me if you have any questions. Sincerely, Z 34~ 788 723 ggm Receipt for Certified Mail ® No Insurance Coverage Provided UNITED STATES Do not use for International 'Mail POSTALSEWICE tSP.e Reverse) .f-- Cl) rn Se t to ,ern y~ D I I Street and NV (p ✓ P.O., Sate and ZIP Code 0 Postage 00 M E Certified Fee L ! l Special Delivery Fee n, Restricted Delivery Fee RelUrrf Receipt ShoWingI to whoM r Dale DeliVered Return Receipt Sho Date, and Addre TOTAL Postage & Fees W IL ! Postmark or dni. d. TENDER- , I also •vish to receive the ' • Complete items 1 a r • - 2 for additional services, . followif~rvices (for an extra 10 • Complete items 3, a & b. y o print your name and a~uress on the reverse Iof thrs form so that we can fee): ' l iu return this yard to you. form to the front of the marlpiece, or on the back if • Attach this s Address space 1,:; ❑ Addressee 0 , does not permit. o Write "Return Receipt Requested" on the mailpfece below t~e attiic!a number. 2.,` El Restricted Delivery t will show to whom the`article was deliv red and the date C ostmaster for fee. ei Re sult p c • The Return p oP i ® delivered. -~y 3. Article Addressed to: (D 4a: Ar"tlcfe Nurhber 5 E l _ Service Type l CL r n _ ❑ Registered El Insured e ~n t ~ _ ti• Certified ❑ COD Return Receipt for ress Mail ❑ ❑ Ex • :05 ` (s__ p Merchandise I 0, 9 1 Lx 7. Date of Delive y ;3 0 ( dre se 8. Addressee' Address (Only if requested a 5S1 at and fee is aid) r S pa u 6.° S' In (Agent) D w PS m 381 1, December 1991 *U.S. GPO: 1993--352-714 RETURN RECEI6?`x Wayne M. Feiden, AICP Principal Planner ~r f / .5 8 h rt .d Q \ 19Do~' ~ ~i . \ U Q .jQ V h y~ .h~ r ~ f - Ji \ l i ~ d t11 5j /I N ~a4 o T 7 o ~ it w~Q ` c W Jy~ r apt - ~f a Q v' r~ ,g o u'~ o 0 o k Q. ~ ry O cQ d O - n M b 0 h ~ C ~ I 2 Liz 3 J ~ ) 75 Hawthorn Lane Northiamptcn, MA 01060 413/584-3581 Memo to Wayne Fei den, copy to Monica Jak:uc Subject: Cook:e's Pasture To answer your request as to the source of the name "Cook:e's Pasture" and whether there is precedent for an apostrophe in "Cookie's," I have searched the chain of deeds. Here is a summary of my findings: I could find no deed on record before 1817, but I believe the original grantee, in the 1700's, was one of the town proprietors, a member of the Wright family. In the first two deeds, Books 44, p.253, and 50, p.530, the land north of the brook: was described as "that part of the first or Long Division of Commons called Bread Brook: Swamp." It appears that from the first granting of lands north of the brook:, i.e in the Long Division, what we know now as "Cook:e's pasture" was recognized as about 40 acres of drained swamp or pasture land, as distinct from the woodlands surrounding it. During the years 1855 to 1859, Dr. E.E. Denniston made three purchases of various contiguous lots north and south of the brook:, including the land described in the two above deeds, for the purpose of supplying his sanitarium with produce. In one of the descriptions, the wording is "a parcel of pasture land... on Broad Brook, soy called;" in another, "lot... known as the Broad Brook pasture." By this time, the distinction of the pasture being on the north side only, is blurred. From 1859 to the present, the bounds of the property have not changed. The legal description in the several deeds up to 1894 was "parcel... known as the Broad Brook: Farm." The Cookes, father and sons, held the property from 1885 to 1935. "Cookie Farm". has been the description in documents ever since 1926; "Cook:e's Pasture" appears in none of them. Soy that term may have evolved mouth to mouth. Perhaps the Cook:es referred to the place as "our pasture," and hence ethers called it "Cookie's Pasture. When did the term "Cook:e's Pasture" first appear':' Monica Jakuc has seen it in Bagg, Aaron C. and Eliot, Samuel A.Jr., Birds of the Connecticut Valley,_in Massachusetts, Northampton, 1937. Browsing through that books I found on p.844, "Northampton, Qct.12, 1934 Ca long--eared owl seen3 as it flew northward over the woods north of Cook's pasture (El icet) . " Note misspelling of Cook. No doubt the authors noted other sightings in the pasture, perhaps earlier ones. I'll keep looking through other sources. I'm also enclosing a copy of the need in which there is described the Right of Way over Baggy Meadow Road. David Dill wp : BBC N /2: ~J/~ 4 /3o~~G 83 Al &r. 456 Then personally appeared the above named Evariste J. Boucher and ac- knowledged the foregoing instrument to be their free act and deed, before i me, - J. Mayor Gagnon Notary Public My commission expires February 7, 1930 NOTARIAL SEAL Hampshire, ss. March 16, 1927, at 9 o'clock and 40 minutes A.M. 0'n,L: WARRANTY DEED IXOW ALL MEN BY THESE PRESENTS Eugene L. Cooke that We, Eugene L. Cooke and Howard W. Cooke, both of Northampton, et al Hampshire County, Massachusetts, in consideration of one dollar and other valuable considerations paid by John A. Pollard of said Northamp- To ton the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said John A. Pollard, that certain John A. Pollard tract or parcel of land situate in the northeasterly part of the City of Northampton, being a part of the Cooke, so-called, more particu- 80* acres, etc., larly bounded and described as follows: North East Part I Beginning at the center of a right of way commonly known as the of Northampton. Boggy Meadow Road and at the southeasterly corner of the tract herein conveyed, same beirZ the northeasterly corner of land of Wallace Allen, I thence running Northerly following the center line of said right of way in a general northerly direction twenty-eight hundred seven and four- tenths (2807:4) feet to the center of the northerly end of a bridge over Broad Brook; thence North 10° West along land of Howard W. Cooke 1 four hundred fifty (450) feet to an iron pin; thence North 870 East on. i the northerly line of an old cellar wall and land of said Cooke twelve 1 hundred forty-eight (1248) feet to land of one Gleason; thence North 231 West along land of said Gleason five hundred seventy-eight and seven- tenths (578.7) feet to a corner; thence turning to the left and running South 86° 45' West ten hundred eighty-nine (1089) feet along land supposed to be owned by one Cartwright and land supposed to be owned by.Hollis Cole to a corner; thence running South 15° 40' Viest six hundred ten and five-tenths (610.5) feet; thence South 600 West two hundred seventy-two and two-tenths (272.2) feet; thence South 450 West four hundred twelve and five-tenths (412.5) feet to land of Wallace Allen; thence South along land of said Allen four hundred seventy and twenty-five hundredths (470.25) feet; thence Y1est along said Allen's land ninety-nine (99) feet; thence South 58° 30' West along said Allen's land one hundred fifty (150) feet; thence South along said Allen's land eleven hundred forty-six and two- tenths (1146.2) feet to an iron pin on the northerly side of the Fortifi- 1 cation Hill Road; thence following the northerly and easterly side of the 1 i 4 i 1 I~ said F ortice i " East one hur (1401 feet; (214.5) feel five hundree Allen; thenc four (1254) half acres 1 A right this granter benefit of 1 ever. Said concerned,i tract lying way is of a easterly col tion for a t (3257.4) fee-: I 2, one-half tee, and on( these grants I'mWEI shall be foi adjoining le without rest of.way, the3 i independentl end of said ties jointly deed shall b The grantors ;:hich they h Hill Road an nor further Book 410, Pa, recorded in Cooke record, i Hampshire Col Page 2. i TO HAVE appurter aric e: and assigns, AIM w:e he tors, COY-AI; lawfully seiz from all ircu - 457 said Fortication Hill Road, same being along land of one Sauter, South el° so- East one hundred five (105) feet;, thence South 60° East one hundred forty :fore (140) feet; thence South 13° 30' East two hundred fourteon and five-tenths r (214.5) feet; thence South 31 East, sixty-six (66) feet; thence South 22• Test five hundred thirty-six and tyro-tenths (536.2) feet to land owned by said I Allen; thence North 89" East along land. of said Allen twelve hundred fifty- four (1254) feet to the point of beginning. Containing about eighty and one- It. . half acres be the same more or less. / ®e ✓U M e461 yam ' A right of way is hereby granted and established for the benefit of /30 ly y i this grantee and excepted and reserved by these grantors for the mutual /Z-Gt, - benefit of this grantee and these grantors, and their heirs and assigns for- ever. Said right of way is appurtenant to the respective tracts of land i I concerned, namely, the tract herein conveyed to John A. Pollard, and the tract lying easterly thereof, now owned by Howard W. Cooke. Said right of 1 way is of a uniform width of forty (40) feet and extends from the south- ,n, easterly corner of the tract herein conveyed in a general northerly direc- tion for a distance of thirty-two hundred fifty-seven and four-tenths .MP- ; (3257.4) feet as shown on the plan recorded herewith in Plan Book 11 Page t, 2, one-half of said right of way being on .the tract conveyed to this gran- tee, and one-half thereof being on the property of Howard W. Cooke, one of ;y of { these grantors, which lies easterly of said right of way. i i AND }7E hereby covenant and agree that the use of said right of way i I ; shall be for any and all purposes for which the land of this grantee or they t adjoining land of said Cooke or any portion thereof may at any time be used n i without restriction of any sort. Should feneesbe desired along said right I en, i of way, they shall be constructed and maintained by the abutting owner, . I way i independently. The bridge or culvert across Broad Brook at the northerly end of said right of way shall be maintained and repaired by the said par- ties jointly. It is further stipulated that none of the provisions of this. :e i s deed shall be construed at a dedication of said right of way to the public. on I j The grantors further convey any and all other rights of way or approach .ve I' iwhich they have to the tract herein conveyed, including the Fortification 23° ! iHill Road and the Boggy Meadow Road extended southerly to the main highway. t- For further reference as to title see Hampshire County Registry of Deeds, ling i iBook 410, Page 23.. See deed from Frederick M. Cooke to Francis M. Cooke apposed I, recorded in Book 506,.page22; and deed of Eugene L. Cooke to Howard Y!. Ls (Cooke recorded in Book'829, page 97. Also see Estate of Francis It. Cooke, and (Hampshire County Probate Reoorda, Box 390, Number 25. See Plan Book 11 I -two ;Page 2. Lye TO HAVE AND TO HOLD the granted premises, with all the privileges and along i iappurtenances thereto belonging to the said John A. Pollard and his heirs 1470.25) and assigns, to their own use and behoof forever. ;nee I AND we hereby for ourselves and our heirs, executors, and administra- Beet; ;tors, COVENANT with the grantee and his heirs and assigns, that we are I rro- I lawfully seized in fee-simple of the granted premises; that they are free j i rtifi- from all incumbrances; except the right of way mentioned herein, that vie of the 1 J I have good. right to sell and convey.the same as aforesaid; and that we will I and our heirs, executors, and administrators shall ti(ASRI.NT• AID DEFEND the same to the grantee and his heirs and assigns forever against the.lawful claims and demands of all persons. 2M for the consideration aforesaid vie, Caroline K. Cooke, wife of j Eugene L. Cooke, and Maude J..Cooke, wife of Howard '7. Cooke do hereby re- lease unto the, said grantee and his heirs and assigns all right of or to both DOWER and HOMESTEAD in the granted premises, and all other rights and intereats therein. IN WITNESS WHEREOF we, the said Eugene L. Cooke, Howard W. Cooke, Caroline K. Cooke, and Maude J. Cooke hereunto set our hands and seals this fifteenth day of March in the year one thousand nine hundred and twenty- seven. Signed and sealed in the ( Eugene L. Cooke Seal presence of ) ( Howard W. Cooke Seal Thomas J. Hammond ) ( Caroline K. Cooke Seal to E.L.C. ) ( Maude J. Cooke Seal & H.W.C. ) COMMON'ilEALTH' OF MASSACHUSETTS March 15" 1927. Hampshire, as. Then personally appeared the above-named Eugene L. Cooke and Howard W. Cooke and acknowledged the foregoing instrument to be their free act and i i deed, before me Thomas J. Hammond Justice of the Peace My.commission expires 19- ;ampshirp, as. March 16, 1927, at 12 o'clock and 30 minutes r Northampton, Mass., P.utTITSCN Aprii 5, 1927. John Ilazejko Notice is hereby given that John Mazejko has this day filed in Frobate et al Court of Hampshire County a petition for Partition of the within described i tract of land in Southampton, said County. Said property standing in the So acres names of John Mazejl:o and John Krawczyk as tenants in common. Wecthampton Road I DESCRIPTION OF PROPERTY. Southazmton. - at the Northeasterly cor- in Southampton, said County, beginning of said farm and running Southerly on the highway leading to 7lesthomp- ner ton four (4) chains two (2) degrees E. of S; thence fourteen (14) chains and eighty (80) links, two (2) degrees E. of S; thence eleven chains and twenty, (20) links, two and one half (2n) degrees U. of S. to stake and atones at the southeasterly corner of the farm (aforesaid highviay being the easterly; boundary); thence Westerly on land, now or formerly,.of John Wright of saidl Easthampton four (4) chains, twenty (20) links, sixteen and one half (16k) I degrees N. of 17; thence Southerly on said 1,7right's land, now or formerly, Review Appraisal Report of 147.5+ Acres of Land off Coles Meadow Road Northampton, MA 01061 n Owned by Northampton Land Partnership Prepared for Wayne M. Feiden, AICP Planner, City of Northampton 210 Main Street .Northampton, MA 01061 Review of Reports Prepared by FSI Appraisal Co.,Inc. and K. Levitch Associates P.O. Box 1276 P.O. Box 1553 Northampton, MA 01061 Greenfield, MA 01302 Review Report by William H. King, ASA 147 West Main Street West Brookfield, MA 01585 r j -1 WILLIAM H. KING, A.S.A. Real Estate Appraiser - Consultant (508) 867-2600 August 17, 1994 Wayne M. Feiden, A.I.C.P. Principal Planner, City of Northampton 210 Main St. Northampton, MA 01061 Dear Mr. Feiden: P E E date of appraisal. Per your request, I have reviewed the narrative appraisal reports prepared by Elizabeth H. Sillin/Stephen A. Brunelle of FSI Appraisal Co., Inc. and Kim A. Levitch of K. Levitch Associates prepared for the Northampton Land Partnership Property aka as Cookes Pasture, dated May 8, 1994 and May 16/August 1, 1994. respectively. The property being reviewed involves 147.5 acres of rear land located off Coles Meadow Rd. and Boggy Meadow Rd.., Northampton, MA. The purpose of the appraisal was to estimate-the fair market value, fee simple interest, of the subject as of April 28, 1994 (FSI Appraisal Co., Inc.) and May 1, 1994 (K. Levitch Associated). Since there are only three days difference in the effective date of the two appraisal reports, I have assumed a single effective date of May 1, 1994. In their respective reports, the appraisers estimated the fair market value of the property based upon its highest and best use as conservation land. Since the subject lacks public road frontage and immediate access to utilities, residential development is not a viable option as of the Purpose of Appraisal Review U The purpose of my review involves administrative and technical responsibilities. First, I have reviewed the two appraisal reports for their compliance with the MA Self-Help Program Appraisal Requirements. I have also formed an opinion regarding the adequacy and appropriateness -of the data used, the appraisal methodology used, and the relevancy of the analyses and conclusions. Second, the purpose of my involvement is to reconcile the market value difference between the two reports and recommend a market value estimate that the City of Northampton may use for acquisition purposes, as well as for state cost sharing funds. Extent of Review Process U The initial narrative reports prepared by FSI and Levitch were reviewed by this review appraiser for their compliance with the MA Self-Help Program Appraisal Requirements (301 Section 7.03 CMR - Pages 49-55, 1986). Letters were drafted to each appraiser noting P.O. Box 585, West Main Street, West Brookfield, MA 01585 n f~ D D D D J [L] !.J r _i 'J 1. deficiencies and requesting corrections. The FSI response was in the form of corrected pages that can be inserted into their initial report. The Levitch response was a totally revised narrative report. During my review of the these reports and the respective corrections, I have not performed a field inspection of the subject property or the comparable sales cited. I have assumed that the factual data in the reports are correct and reliable. This includes land area appraised, zoning, soils, land use, access, etc. Both reports stated comparable factual information. In addition to my administrative review, I am recommending, in accordance with the scope of my services as a technical reviewer, that the City and Division of Conservation Services adopt a revised fair market value estimate that considers all the sales data presented in the two reports. This recommendation results from changes made in the analyses used in the two reports. Description of Subject Property The Northampton Land Partnership Property aka as Cookes Pasture involves 147.5 acres of land located off Coles Meadow Rd. and Boggy Meadow Rd. The land area was taken from an unrecorded survey> of the subject. No land area was mentioned in the deed or in the assessment section of the reports. It is an irregularly shaped parcel with 52 acres of wetland and 95.5 acres of wooded upland. Topography is variable with the southern third being rolling to hilly, the middle third being hilly , and the northern third being nearly level in the wetland area and hilly near the western boundary. The property has no public road frontage. It is landlocked except for a right-of-way along Boggy Meadow Rd., a discontinued road. Soils on the property are primarily the Charlton-Paxton-Woodbridge Association which are glacial till and have variable permeability. Muck soils occupy the wetland areas. The premises support a mix of hardwood and softwood with little, if any timber value. No significant minerals exist either. The parcel abuts other land owned by the City of Northampton and has been designated as a priority acquisition. For further details, please refer to the two narrative reports. Opinion of Report Completeness and Compliance with MA Self-Help Program Appraisal Requirements Following receipt of the corrected pages in the case of FSI and the revised report from Levitch, it is my opinion that the two reports are essentially in compliance with the Self-Help Program Requirements. They cover the main topics outlined in 301 CMR 7.03. Neither appraiser followed the guidelines to the exact letter, however the overall format was considered to be in compliance. Both reports are considered to be complete except for the following items: 1) The definition of market value stated in the respective reports are not based on eminent domain proceedings, however the stated definition does not appear to derogate from the appraised market value. Both appraisers concluded the highest end of the value range for the value estimates. The accepted court definition is the following; "Fair Market Value - The highest price which a hypothetical willing purchaser would pay to a hypothetical willing vendor in an assumed free and open market." (Epstein v. Boston Housing Authority (1945) 317 Mass. 297) My estimate of market l value will be based on this court definition. 2) Neither appraiser describes the Cost of Development Approach as a separate and n distinct appraisal method. In the case of FSI, in the first LJ report, it was stated that the Cost and Income Approaches were not applicable to the subject property. They relied on the sales comparison approach and did not mention the Cost of Development n Approach. In their revision, it appears that on page 22, they (J meant to say the Cost of Development Approach rather that the Cost Approach. This approach then was confused with the Income a Approach. Four approaches to value should have been discussed, i.e. Cost, Income, Cost of Development, and Sales Comparison. In the case of Levitch, the first report discussed only the three basic approaches - cost, income, and sales. This same format was followed in the revised report. Again, the appraiser did not differentiate between the Cost Approach, Income Approach, and the n Cost of Development Approach. Both the Cost and Income Approaches U discussed subdivision analysis and the Cost of Development Analysis was not mentioned. Part of this problem results from inconsistency in wording from various appraisal organizations. The Appraisal Institute's Subdivision Analysis Seminar Workbook states that the "cost approach is applicable for a development in which all or part of the infrastructure improvements and/or amenity improvements are constructed". Other organizations discuss the Cost of Development Approach as a totally separate and distinct approach utilizing elements of the three basic approaches. The Appraisal Foundation needs to clarify the definitions of these approaches. Opinion of Appropriateness of Appraisal Methods and Techniques a The appraisal methods and techniques used in the respective reports are appropriate and valid measures for estimating the value of the subject property. Both appraisers concluded that they relied rl solely on the sales comparison approach. The appraisal process U discussion of the cost and income approaches does not materially affect the appraisal. ~LJ Opinion of Adequacy and Relevance of Data and Adjustments Used The FSI report summarized five unbuildable land sales and the -J Levitch report summarized four such sales. Two of the nine sales discussed appeared in both reports. Generally, the sales presented in the respective reports are considered relevant to the valuation of the subject property. If both reports had considered all the I ~ n ~1 same sales, the appraised values would probably have been within 10% of one another. Following is a list of the seven sales. Report. Source Location Acres Sale Date Sale Price Price Per Acre FSI Broad Brook 38.0 6-10-93 $25,000 $658 Northampton FSI/L off Mt.Warner Rd 94.9 12-22-93 $79,900 $842 Hadley FSI/L off Stage Rd. 101.0 10-14-93 $86,000 $851 Deerfield FSI off Stoddard Hill Rd. 44.8 8-9-93 $22,500 $502 Leverett FSI No. Maple Street 19.6 4-21-94 $30,000 $1531 Hadley L Hawkes Rd. 100.0 6-9-93 $155,000 $1550 Deerfield L Green River Rd. 30.0 3-31-94 $30,000 $1000 Colrain The FSI report made adjustments for location, significant site ll features and access. Sale 1 (see FSI report, page 28) was located lJl in Northampton and required no adjustment for location. Sales 2,3,4, and 5 were less developed communities and required an upward n adjustment of 25%. This adjustment was not well supported. Sale Ll 5 appears to be incorrectly adjusted for location as the appraiser confused location with access. Sale 1 was heavily logged prior to sale and Sale 2 had significant pond frontage. Both sales were adjusted for these features but no paired sales were provided. Lastly, the sales were adjusted for development potential. This attribute probably should have been called access. Sale 3 had frontage on a private street and Sale 5 has frontage on a public way. This access is superior to the subject. An adjustment was J made to Sale 3 and no adjustment was made to Sale 5. Its frontage n adjustment was made under location, however no additional adjustment for location was made like the other three non- Northampton sales. The net adjustments are correct except for Sale 5 which should be 0% (location + 25%, access - 25%). The per acre values are correct except Sale 5 should be $1533, therefore the C indicated value range is $627 to $1533 per acre. The Levitch report compares the following property features: development demand, land availability, conservation desirability, and locational factors. The only adjustment made was for location and only sales 2 and 3 were adjusted (see page 50 of Levitch report). Differences in the subject and sales were stated for development demand, land availability, and conservation desirability but no adjustments were made. The revised report did not speak to these differences and whether they were significant and required adjustment. I raised these questions in my initial review letter. No market evidence for the location adjustment was provided. It is my opinion all four sales should have been adjusted for location. Highly motivated buyers are the reason for the high price paid for Sales 1 and 4. The indicated value range is $1000 to $1550. r7 r-~ Summary of Value Conclusions Reached in the Appraisal Reports Both reports concluded that conservation use or the present use was the highest and best use of the Northampton Land Partnership Property. Without public road access and utilities the property would not be suitable for any other use as of the date of appraisal, May 1, 1994. The FSI report concluded a value estimate of $162,000 or $1098 per acre and the Levitch report concluded a value estimate of $185,000 or $1254 per acre. The FSI report stated the subject's market value estimate was between $627 and $1142 per acre, with the most emphasis placed at upper end of the range or an indicated value of $1100 per acre. The Levitch report relied primarily on Sales 1 and 4 and the middle s h hi l of the two sale prices per acre was $1275 per acre wa c w rounded to $185,000. Appropriateness of Analysis and Conclusions E 5 11 For the reasons stated above,it is difficult for the reader to readily accept some of the sales analysis and valuation conclusions described in the two reports. Neither of the appraisers mentioned size as an adjustment factor. One of the basic tenets in land appraisal is that all factors being equal except for size, a, large acreage will sell at a lower unit value than a small acreage. Location adjustments were not uniformly made in either report. In the FSI report, Sale 5 lacked such an adjustment and in the Levitch appraisal one Deerfield sale was adjusted for location and other was not. Also the Colrain Sale 4 was the most rural and a location adjustment was not made. I agree that a time adjustment was not warranted for any of the sales. Following is an array of the seven sales from smallest to largest: Acres Sale Price per Acre 19.6 $1,531 30.0 $1,000 38.0 $ 658 44.8 $ 502 94.9 $ 842 100.0 $1,550 101.0 $ 851 The sales generally show a higher value per acre paid for land parcels, 30 acres or less in size ($1000 to $1531 per acre). Sales over 30 acres (excluding the 100 acre sale at $1550 per acre) show a value range of $502 to $851 per acre. Given this sales base and other acreage sales in Hampshire County familiar to this appraiser these ranges are very typical. The 100 acre sale resulted from a highly motivated abutter who paid a very high price. i ~J Consistent adjustments need to be made to these sales. Following is my adjustment grid involving all seven sales. An adjusted value range of $502 to $1473 per acre was indicated from my analysis of the sales data that was presented by the two appraisers. Sales 2R, 3R, and 4R are most similar to the subject property with an indicated value range of $800 to $1473 per acre. The middle of the ~I range is $1137 rounded to $1150 per acre. A total indicated fair ~l market value of the subject property is therefore estimated to be $170,000 as of May 1, 1994. l~ Certification of Value I certify that, to the best of my knowledge and belief: -the facts and data reported by the review appraiser and used in the review process are true and correct. -the analyses, opinions, and conclusions in this review report are Ij limited only by the assumptions and limiting conditions stated in this review report, and are my personal, unbiased professional analyses, opinions, and conclusions. -I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. -my compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this review report. -my analyses, opinions, and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice. -I did not personally inspect the subject property described in the reports or comparable sales under review. -No one provided significant professional assistance to the person signing this review report. -The estimated fair market value of 147.5± acres owned by the ~j Northampton Land Partnership as of May 1, 1994 is $170,000. Respectfully submitted, William H. King, ASA MA Certified General Real Estate Appraiser, License #1467 LJ iI C~ l l ~J 1 LJ. ~J !I I I LJ U .U F' U L J (7 Conservation Acreage sales Adjustment Grid Sale 1R 2R 3R 4R 5R 6R 7R off Mt. off Stoddard Green Location Broad Brook Warner Rd Stage Rd Hawkes Rd Hill Rd No.Maple St River Rd Northampton Hadley Deerfield Deerfield Leverett Hadley Colrain Acres 38 94.9 101.0 100.0 44.8 19.6 30.0 Frontage None None Private Rd Private Rd Public Rd Public Rd None Use Potent Conserv Conserv Conserv Conserv Conserv Conserv Conserv Sale Date 6-10-93 12-22-93 10-14-93 6-9-93 8-9-93 4-21-94 3-31-94 Sale Price $25,000 $79,900 $86,000 $155,000 $22,500 $30,000 $30,000 Sale Price $658 $842 $851 $1550 $502 $1531 $1000 per Acre Time Adjust 0 0 0 0 0 0 0 Time Adjusted $658 $842 $851 $1550 $502 $1531 $1000 Price Other Adjustments Location Similar Similar Similar Similar Inferior Similar Inferior (+10%) (+20%) Size Similar Similar Similar Similar Similar Smaller Smaller (-20%) (-20%) Access Similar Similar Superior Superior Superior Superior Similar (-5%) (-5%) (-10%) (-10%) Amenities/Similar Superior Similar Similar Similar Similar Similar Utility (-5%) Net Adjust 0 -5% -5% -5% 0 -30% 0 Indicated $658 $800 $894 $1473 $502 $1072 $1000 Price per Acre Doc; 940026969 OR ( 15/0141 11/0/199416;00 CITY OF NORTHAMPTON MASSACHUSETTS A city coun cNovember 3, 1994 . . . Upon the recommendation of the Conservation Commission aciered' that BE IT RESOLVED WHEREAS, the Conservation Commission hopes to purchase Cookes Pasture with 'a combination of state and city funds and private grants and donations, with the City paying for approximately 25% of the purchase; and WHEREAS, a 13.6 acre parcel abutting Cookes Pasture (Map ID 13-4), which is owned by the current owners of Cookes Pasture, is also an important conservation and passive recreation resource; and ..WHEREAS, the City has received a commitment from the Broad Brook Coalition and other conservation organizations to assist with the purchase of Cookes Pasture. and this abutting parcel; and WHEREAS,. the Conservation Commission is not requesting any new appropriation for this purchase and will only purchase the land if they receive donations and grants to allow the purchase of this property; NOW, THEREFORE BE IT RESOLVED, AND, 'The City Council hereby authorizes the Conservation Commission of the City of Northampton to accept an option to purchase and to acquire the above parcel from the Northampton Land Partnership, or their successors in interest,-.for $16,100, as conservation land;. „_,..-The.-'..City ...Council-_hereby authorizes the Conservation commission to accept grants and.,donations to fund this purchase and "to' make=tr'ai`1:'mpro"bements. Doc, 94002696, /459510142 111301199 416100 ,J ~ ~ • r{i rr, i a~ •t i~ a i~ { i~ a P, I. tn M% 5 < , n a cn n m ,I ~•q z 82 0 n T o 0 o _ Z o 0 2 N .1 ' ® ® \ / z Q g $ Y m n c m m K T 1 m X m m Doc-, 940026969 OR i,rjj510143 11/30/199416,00 AFFIDAVIT REGARDING TRANSFER OF GENERAL PARTNERSHIP PROPERTY I, Owen Lococo, acting in my capacity as General Partner of LEECO Investments, a Massachusetts general partnership, with a principal place of business located at 90 North Maple Street, Florence Massachusetts, which general partnership is a general partner of Northampton Land Partnership, a Connecticut general partnership, being duly sworn, hereby depose and say: 1. That the Northampton Land Partnership is comprised of two general partners who are: (a) Neal Welch Partners, Inc., a Connecticut corporation and (b) LEECO Investments, a Massachusetts general partnership. 2. The conveyance of property in the attached deed from Northampton Land Partnership to the City of Northampton, dated November ~ 1994, with respect to three parcels which total about 160 acres of land located in Northampton, Massachusetts, is a conveyance in the ordinary course of business for the Northampton Land Partnership. 3. LEECO Investments is a Massachusetts general partnership comprised of the following two individuals: (a) Owen Lococo and (b) Lee Christensen. 4. All partners of LEECO Investments have authorized Owen Lococo to execute any documents necessary to carry out the conveyance described herein. Signed under penalties of perjury this ay of November, 1994. r_ itness wen Loc co General Partner of LEECO Investments STATE OF MASSACHUSETTS Hampshire County, ss. Northampton 1994 Then personally appeared before me Owen Lococo and made oath that the foregoing statements are true and acknowledged the foregoing to e-tR fr e act and deed of LEECO Investments. Notary Public `a My Commission.Expires leeco r i . I1oc; 940026969 OR /4~ /0144 11/30/199416; 00 AFFIDAVIT REGARDING TRANSFER OF GENERAL PARTNERSHIP PROPERTY I, Neal J. Welch, acting in my capacity as President of Neal Welch Partners, Inc., a Connecticut corporation with a principal place of business located at One Talcott Plaza, Hartford, Connecticut, which corporation is a general partner of Northampton Land Partnership, a Connecticut general partnership, being duly sworn, hereby depose and say: 1. That the Northampton Land Partnership is comprised of two general partners who are: (a) Neal Welch Partners, Inc., a Connecticut corporation and (b) LEECO Investments, a Massachusetts general partnership. 2. The conveyance of property in the attached deed from Northampton Land Partnership to the City of Northampton, dated Novembers 1994, with respect to three parcels which total about 160 acres of land located in Northampton, Massachusetts, is a conveyance in the ordinary course of business for the Northampton Land Partnership. 3. The said conveyance is an act which may be accomplished by only one of the said general partners, pursuant to the Partnership Resolutions dated November 7, 1994 and October 27, 1994 and copies of which are attached hereto, in full accordance with the provisions of the said partnership's partnership agreement and all laws of the State of Connecticut which regulate the activities of general partnerships. Signed under penalties of perjury this?day of November, 1994. itne &UJ~ eal J. Welch ~~JJ i dent of Neal Welch Partners, Inc. STATE OF CONNECTICUT Hartford County, ss. Hartford 1994 Then personally appeared before me Neal J. Welch and made oath that the foregoing statements are true and acknowledged the foregoing to be the free act and deed of Neal Welch Partners, Inc.. 0 id Jll~ *~otay~Pf%blI My Commission Expires April 30,1998 My Commi'scion Expires: leeeo ' li 1 - Doc; 940026969 OR 14595, ll13011~9416,00 PARTNERSHIP RESOLUTION The undersigned, being all of the Partners of Northampton Land Partnership, a Connecticut Partnership, hereby consent to and agree that the following shall and does hereby constitute their unanimous written consent. RESOLVED: That the Partnership transfer, by Warranty Deed, its property located in Northampton, Massachusetts, on a parcel of land containing approximately 12 acres situated in that part of the Inward Commons, so-called Rocky Hill in Northampton, in the County of Hampshire, Commonwealth of Massachusetts, and fully described in a Deed from Thomas Wright to Roswell Hubbard dated March 2, 1827, and recorded in the Hampshire County Registry of Deeds in Book 59, Page 176 (the "Property"), pursuant to the terms of a certain Option Agreement between the City of Northampton and Northampton Land Partnership dated November U 1994. RESOLVED: That the Partnership does hereby authorize Neal Welch Partners, Inc., as its General Partner, to sign on behalf of the Partnership, a Warranty Deed Deed pursuant to the Option Agreement. IN WITNESS WHEREOF, the aforesaid doings and actions of said Partnership by their written consent are hereby ratified, confirmed and approved by all of the Partners. Dated thisay of November, 1994. zveai j. welcn Its President LEECO Investments w Its General Partner By: wen Loc o Its General Partner Neal Welch Partners, Inc. Its General Partner, njw/leeco/partreso OCT-26-1994 16:15 Doc; 90026969 OR NEAL WELCH PARTNERS, INC. pARTNrz LSHIP RESOLUTION ~459`;~'s 111~0119~ 16,00 203 522 4599 P.05 The undersigned, being all of the Partners of Northampton Land Partnership, .a Connecticut Partnership, hereby consent to and agree that the following shall and does hereby constitute their unanimous written consent. RESOLVED' That the Partnership soil its property located in Northampton, Massachusetts, shown in the Northampton Assessor's maps as Map 12, Parcel 7, containing approximately 147.5 acres and commonly known as Cooke's pasture, (the "Property"), pursuant to the terms of a certain Option For Purchase Of Land agreement between Northampton Land Partnership and the Conservation Commission Of The City Of Northampton ("Buyer") hereby authorized to be executed (the "Option"). RESOLVED: That the Partnership does hereby authorize Neal Welch Partners, Inc., as its General Partner, to sign on behalf of the Partnership the Option, a warranty need and any other documents necessary to convey title of the Property to Buyer pursuant to the Option. IN WITNESS WHEREOF, the aforesaid doings and actions of said Partnership by their written consent are hereby ratified, wnfirmed and approved by all of the Partners. Datod this a-fday of October, 1994. Neal Welch Partners, Inc. Its Goaeral Partne L By: I- Welch is President njw/kmo+p LF~EGO Investments Its General Partner By, en LQcoco Its General Partner REGMER A `E1 STa 25$SRE,iwdlL. ~"0"110RU _ Iw... f... W ror~ 14 _ ~ ,r•i 'mil 3..'i TOTAL P.05 U) N W a~ M DEED A 3 o N o gcc< Northampton Land Partnership o CO 2 v CO z < :2 w v ~ 0 cc o n C 0 Conservation Commission of the .-7 W Z City of Northampton Q v - cc r~ 0 p z E: 161 acres near Boggy Me dow Road z z Northampton, MA .0 "T. WILSON FLANDERS - ATTORNEY AT LAW 0^ f f00.4/ a eo'lo'sAkir.{,•o,, f 351 PLEASANT STREET 7,''11t iAswe-9c F`t'lyd "-d NORTHAMPTON MASSACHUSETTS 01060 L,fs c✓riti ON /s,/d/yu : It d ~wdv C a r.10e ( re ro / 4.09,40_, NORTHAMPTON FAX f~~y FRANKLIN COUNTY (413) 586-2729 (413) 586-0631 (413) 259-1525 November 30, 1994 Conservation Commission of the City of Northampton 210 Main Street Northampton, MA 01060 TITLE CERTIFICATION I have conducted a title examination of the records of the Hampshire County Registry of Deeds and Registry of Probate concerning title to the property known as 161 acres near Boggy Meadow Road, Northampton, Massachusetts (the "property"). The property is more particularly described in a deed, dated November 'Z, 0 , 1994, in which Northampton Land Partnership conveyed the property to Conservation Commission of the City of Northampton. Relying upon the indices of said Registries, I certify that as of the date and time of the recording of said deed, when the same is recorded, good clear, marketable, record title to the property stands in the name of Conservation Commission of the City of Northampton, free and clear of all material defects and encumbrances except for those material defects and encumbrances referred to in said deed, and the following: 1. Any lien or claim thereof relating to any other-tax liability or any matter of bankruptcy, insolvency, or debtor relief that does not clearly appear in the indices of the said Registries. 2. Any law, ordinance, governmental regulation, or order of any public authority, (including but not limited to building, zoning, board of health, or public safety laws, ordinances or regulations) restricting or regulating or prohibiting the occupancy, use, or enjoyment of the property, or regulating the character, dimensions, or location of any improvement now or hereafter erected on the property, or prohibiting a separation in ownership or a reduction in the dimensions or area of the property, or the effect of any violation of such law, ordinance, governmental regulation or order. 3. The legal consequences of any state of physical facts which an actual inspection of the property might disclose and errors in description not apparent from the examination of title that could be shown by an accurate onsite survey. And, 4. Any statutory lien for personal labor actually performed on the property during the forty-five days next prior to the date of the recording of the deed and mortgage. I agree to indemnify you and your successors in interest in the deed opined hereto to the full extent allowed by law for any loss attributable to a breach of my duty to exercise reasonable care and skill in the examination of the title and the giving of this opinion. Preliminary real estate-taxes have been paid through December 31, 1994. This title certificate will be supplemented by a Commonwealth Land Title Insurance Company policy. Yours truly, r T. Wilson Flanders TWF/kam Commonwealth. Land Title Insurance Company POLICY NUMBER 165-S4-1039 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: By ~ Secretary President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. _-.-American land Tide Association_Owner's_Policy - 1970.~Form_B.(Rev. t0:!-1.7z7_0 and t0-1Z84) Form 1005-96 Face Page Valid Only If Schedules A, B and Cover Are Attached, CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or no- tice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS-LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Condi- tions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the-Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all f h C h d b d liability and obligattons o t e ompany ereun er y paying or ten ertn, 3. DEFENSE AND PROSECUTION OF ACTIONS -NOTICE OF payment of the amount of insurance under this policy together with any costs, CLAIM TO BE GIVEN BY AN INSURED CLAIMANT attorney's fees and expenses incurred up to the time of such payment oK tender of payment, by the insured claimant and authorized by the Company. (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceed- ings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is interposed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured', and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: ( i) the actual loss of the insured claimant; or , ( ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the condi- tions of this policy, the loss or damage shall be payable within 30 days thereafter. Conditions and Stipulations Continued Inside Cover B 1005-7 OWNERS POLICY: SCHEDULE A CASE # DATE OF POLICY TIME POLICY AMOUNT POLICY NUMBER CON2 November 30, 1994 C/!rn f~_ M. $206,100.00 165-547039 Note: A Loan Policy on the encumbrance described in the Schedule has been issued naming as the insured: Not applicable. 1. NAME OF INSURED: The City of Northampton. 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS COVERED BY THIS POLICY IS: Fee Simple. 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN THE INSURED. 4. THE LAND DESCRIBED IS ENCUMBERED BY THE FOLLOWING MORTGAGE AND ASSIGNMENTS, AND THE MORTGAGES IF ANY, SHOWN IN SCHEDULE B HEREOF: None. 5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: That certain parcel of land which is known as 161 acres near Boggy Meadow Road, Northampton, Massachusetts, and which is described in Exhibit A which is attached hereto and made a part hereof. Being the same premises conveyed by deed of Northampton Land Partnership to Conservation Commission of-the City of Northampton, dated November 2 D_, 1994, recorded with the Hampshire County Registry of Deeds on November 30, 1994, at ~.M, as Instrument and at Book ysG,~, Page 13~ ISSUED,/AT : . N COUNTERSIGNED: AUT T. Wilson Flanders , Mass,,achusetts IZED OFFICER OR AGENT THIS POLICY IS INVALID UNLESS THE COVER SHEET AND SCHEDULE B ARE ATTACHED. OWNERS POLICY: SCHEDULE B CASE # DATE OF.POLICY TIME CON2 November 30, 1994 Y-1da faM. POLICY NUMBER 165-547039 This policy does not insure against loss or damage by reason of the following: 1. The dower, curtsey, homestead, community property, or other statutory marital rights, if any, of the spouse of any individual insured. 2. Rights or claims of parties other than Insured or Mortgagor in actual , possession of any or all of the property. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Unfiled mechanics' or materialmen's liens. 5. The mortgage, if any, referred to in Item 4 of Schedule A. (This exception does NOT apply to Loan Policies). 6. Real Estate Taxes and Assessments (including Liens not yet due and payable) as follows: Note: This policy insures that preliminary taxes are paid through December 31, 1994. 7. Title to and rights of the public and others entitled thereto in and to those portions of the insured premises lying within the bounds of any public or private way abutting or running through the locus insured herein. 8. Parcel 1 and 2, as shown on Exhibit A, are subject to such rights, if any, as others may have over said Boggy Meadow Road, also known as Farm Road. 9. The record does not reveal a clear right of access to the property from a public way. h OWNERS POLICY: SCHEDULE CONTINUATION SHEET !^1 10. The rights of others in any streams crossing or abutting the insured premises. Note: Recorded instruments referred to above, if any, are recorded with the Hampshire County Registry of Deeds. EXHIBIT A the land in Northampton, Hampshire County, Massachusetts, known as Cooke Pature, being more particularly described as follows: PARCEL 1 That certain tract or parcel of land situate in the northeasterly part of the City of Northampton, being a part of the Cooke Farm, so-called, more particularly bounded and described as follows: Beginning at the center of a right of way commonly known as the Boggy Meadow Road and at the southeasterly-corner of the tract herein conveyed, same being the northeasterly corner of land of Wallace Allen; thence running Northerly following the center line of said right of way in a general northerly direction 2,807.4 feet, more or less, to the center of the northerly end or a bridge over Broad Brook; thence N. 10° W. along land formerly of Howard W. Cooke, then of John K. Pollard and being Parcel 2 herein described, 450 feet, more or less, to an iron pin;' thence N. 87° E. on the northerly line of an old cellar wall and. Parcel 2 herein described 1,248 feet, more or less, to land of one Gleason; thence N. 23° W. along land of said Gleason 578.7 feet, more or less to a corner; thence turning to the left and running S. 86° 45' W. 1,089 feet,. more or less,, along land supposed to.be owned by one Cartwright and 'land supposed *to be owned by Hollis Cole to a corner; thence-running S. 15° 40' W:' 610.5 feet, more or less; thence S. 60° W. 272.2 feet, more or less; thence S. 45° W. 412.5-feet,.more or less to land'of Wallace Allen; thence South along land of said Allen 470.25 feet, more or less; thence West along said Allen's land 99.00 feet, more or less; thence S. 58° 30' W. along said Allen's land 150.00 feet, more or less; thence South along said Allen's land 1,146.2 feet, more or less, to an iron pin on the northerly side of the Fortification Hill Road;'thence following the northerly and easterly side of the.said Fortification Hill Road, same being along .land of one Sauter, S. 81° E. 105.0 feet, more 6r. ess; thence S. 60° E. 140.0 feet, more or, less; thence S. 13° 30' E. 214.5 feet, more or less; thence S. 03° E. 6.6.0 feet, more or less; thence S. 22° W."536.2 feet, more or less, to land owned by said Allen; thence N. 89° E. along.land of said Allen 1,254 feet, more or less to the point of beginning. The grantor further.conveys any and all rights of way or approach which she may have to the tract herein conveyed, including the Fortification Hill Road and the Boggy Meadow Road extended southerly to the main highway. PARCEL 2 A certain tract or parcel of land situate•in•said Northampton, being a part of the Cooke Farm, so-called, which, part is bounded and described as follows: Beginning at the southwesterly corner of the described premises in the middle of a farm road and at land now or formerly of John Devine, and running thence in a general. northwesterly direction along the center of said farm road to. an iron' stake in the ground situate,northerly 27 rods and 2 feet, more or less, from the northerly side -of the wooden bridge over Broad Brook and in line with the northerly foundation wall of the cellar of the old barn; thence Easterly in a straight line through said iron stake and said northerly foundation wall-to the easterly side line of said Cooke Farm at land now or formerly of one Gleason; thence in a Southeasterly and Southerly direction; along land now or formerly of said Gleason to a stake and stones; thence S. 72° E. along land now 'or formerly of said Gleason 38 rods, more or less, to a stake and stones; thence S.,43° 15' W. 42.9 rods, more or less, to a point; thence S. 37-1/2' W. 12.17 rods, more or less, to a stake and stones; thence S. 03° E. 13-1/2•rods, more or less, to a'stake and stones; thence S. 04° E. 29.7 rods, more or less, to.a stake and stones; thence S.'09° W. 42.1 rods, more or less, to a point; thence S. 07° W. 16 rods, more or less to a point; thence i S. 05° W. 11 rods, more or less to a stake and stones at land now or formerly of John Devine; thence S. 634 W.' 30-1/2 rods, more or less, along land now or formerly of said Devine to the place of beginning. Together with. all the rights, privileges and appurtenances incident to the use and enjoyment of the above described tract of land, including all rights of.way over the farm road, so-called, and together with all my right, title and interest in and to that portion of the real estate within the limits of the said farm road. Parcel 3 That certain tract or parcel of land situated in that part of the Inward Commons, so-called Rocky Hill in Northampton, in the County of Hampshire, Commonwealth of Massachusetts, and fully described in a Deed from Thomas Wright to Roswell Hubbard dated March 2, 1827, and recorded, in the Hampshire County Registry of Deeds, Book 59, Page 176 CONDITIONS AND STIPULATIONS (Continued) 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanlo. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) it mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis its if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendement of or endorsement to this policy can be made except by writing endorsed'hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Commonwealth Land Title Insurance Company, Eight Penn Center, Philadelphia, Pennsylvania 19103- 2193. American Land Title Association Owner's Policy -1970 - Form B (Rev. 10-17-70 and 10-17-84) Cover Page Form 1005-8 Valid Only If Schedules A and B Are Attached ORIGINAL TABLE OF CONTENTS Page 1-'2`.. '..Letter of.Ttansmittal - Page 3-,4 Statement of Limiting Conaitions and-Assumptions • • Page. 5: ::Summary of Important Facts & Conclusions.- 6. Data, Purpose of ;Appraisal and Market Value" - Defined page 7 .'Identificati6n of Property and Legal Description And Area. Analysis. r Page 9-12 .,;State Map, Regional Map.,-Area'Map, City,of Northampton Map J Page 13 Neighborhood Analysis ;j Page 14. .Site Description Page 15 Tax Assessment_and Zoning Page, , 16 18 :Photographs Page 19 20 Highest and Best Use and.'`Subject Property Page 21 Methods of Approach to Value U ` Page 22 30 and The Sal es~Comparison:Approach :`!.Valuation, of Sub3ect r~ and "Comparable"Sales Grid' . Page: 31 .Correlat on..and Final Value Estimate , C} Page 32 33 .Appraiser'-s Certification. Page 34 Addenda City; Map, Comparable Sales PhoaosSa'es;Data Map- L 'Assessor's Map, Topographical,Map, Soil, Survey, Map and Survey,'zoning Maps and Regulations,Teed,"Preliminary Sub-'Diyision, OpemSpace and Recreation Plan: 1994-1999, City of-Northampton Request fore'Informal Bids Appraisal Services, Copy of Notification.of.Property Inspection L' Letter to Neal.Welch Qualifications 'of Elizabeth H:.Sil'lin.& Qualifications of Stephen A. 'Brunelle ; • i , . SUMMARY OF .IMPORTANT FACTS &,CONCLUSIONS OWNER: Northampton,'I:and Partnership' i PROPERTY LOCATION: Off Coles Meadow Road, "Cookes, Pasture", Northampton,,Mk TITLE REFERENCE. Hampshire-County Registry of~Deeds, ,Book 3067, Page 241 PROPERTY RIGHTS APPRAISED Fee :Simple Estate- RAISED VALUE.' APP $162,000 DATE OF VALUATION: April 28, 1994 Ii r SITE AREA 147 S,Acres,, no frontage on,a public way. HAZARDOUS WASTE None Assumed ZONING R-R Rural Residential Water Supply: Protection,Overlay FLOOD ZONE 'Zone,A&C (Map 250167 0002 A) CURRENT USE.-, Vacant: (Land HIGHEST & BEST. USE:':- Conservation .Land-, _ h • , l , • • . " . , 7, IDENTIFICATION OF PROPERTY AND LEGAL DESCRIPTION ` The sub' ect consists of a large' parcel of land' - .Property , owned by the Northampton, Land Partnership in Northampton, MA. The'parcel-consists of 147.508 acres of land with:no frontage on ' - I a.public'way.. The parcel is 'identified by the-assessors as Map , 12, Parcel 7. The deed ,reference is found in Book 3067, Page, 241 in. the re- I County Registry, of. Deeds. A copy of the above- referenced, deed may, be found, in the Addenda of this report..•A." -plan of land was -never recorded; 'however, _a preliminary subdivision plan was made in.1988,..the plan is included in the r addenda' section of this report. The property was purchased for , $360,000. on, October 19.87 from Rita' L. Pollard by. the Northampton.Land Partnership., The property, along with another parcel providing ,.frontage .on a legal way, was proposed, unsuccessfully, as a subdivision in,1998. Further, discuss ion', can ' be found 'in the HiQhest.and' `Best Use analysis section' of this I report. a ' AREA ANALYSIS- Northampton is located-. in':,Hampshire County, in; western f , .Connecticut Massachusettsand is b.ordered.on- the east by the ' River and ,Hadley,- on :the south by Easthampton,." on the west by " and to the north by'Williamsburg and Hatfield The, Westhampton, city covers an area of'34:.'69`square ' miles. Northampton was founded asa:.town in 1654,• and. was granted: a .city `charter` in , 1883 ` ' • its day, to day _..j The , city's elected officials who;,: oversee operation:are.the Mayor and-the`9 member -City~Council. According l... t6!.the 1990. US Census,. the population of Northampton was 293289, ; virtually no increase "over' the 1.980 Census . figure of 29 , 28-6."- ".4j. According to the 1990 -,U: S : ; Census; Northampton has', approximately 5,968 single family'buildings and`1,'466 multi.-,' I' family buildings. Of the total 'housing stock, approximately 54/ of the units are owner-occupied-single family and 46% are rental units-.,, Of the rentalunits, : 32% -are 'subs `d zed. Northampton.. is serviced by a', good Highway system ` 1 •Interstate~Route 91, which runs north and south,,offers, access i.n three locations within the city' Route 9 runs east and west, Northampton thampton with other surrounding communities and- connecting employment centers: The city offers numerous- employment and' educational opportunities.' A six. yearoverview: shows that Northampton''s unemployment. rate has been consistently' below that, of' the ' Franklin 'Hampshire, and Hampden "County areas. and the state j average.- 'The city's' Industrial 'Park, -which began , as an Urban Renewal Program in 1971; is completely-occupied. _ . , - . - 8 r; AREA'ANALYSIS (continued The school system is regarded as one of :the best -in the state. There are' 'nine ,schools, with grades 'ranging from Kindergarten to Grade 12 of High School. Smith College, one of the oldest 'and most prestigious women's. colleges in the country,'. - is located'in the heart of the city. Other.colleges located less -j than 15 miles away include the University of. Massachusetts ' Amherst College; Hampshire College, and Mount Holyoke College. The 'real estate market'. ove'ral1'experienced a- amount ofactivity*in 1986-8T and'a more stable market in 1988 • Since 1988, property prices have generally"declined; especially 1 for multi-family houses' and commercial-industrial real, estate. The `.commercial market ..appears, to have stabilized, - i„ especially in retail locales-; such as downtown 'Northampton and i .4 Florence. center.'Downtown,North., ton' s retail environment, is- amp unusual and ` attr'active and is, a'regional' shopping attraction. The broader business and industrial base is `currently' ','stable wi,th:the 20 'year old industrial* park fully 'developed, and occupied l The resident al..market appears. stable at this time,, with supply and demand An balance, after -a-Period of decline in; the A I past three' years. information`'about Northampton,can,be found in the,`. Further , Addenda section of -,,this 'report J ' I . ' I - I ~ - ~ ~ - - . i - - ~ ~ r ' ~ - " ;I ivuiciHAMNIu V 5b 2 3 4 MASFI Lo 5 6 SB RG s 1 0` S A WILLIAM, wlmomfbw~ y - - A s: opt l..ld ? 1 1•. lMpl^ C r,01-4 g m - North t I{ r j tMal 1 9 .rle I,v.I' Form.'. 1 I I/t[ ' a M f ~ ° Ob DrorM w 4^ / Yf FN I I . 8 a~ 1 I ° ; axlu us. [ Olb + J ° ~.I, Rr, rE A[ V.le/onf 77t4 1 yr` g M( nm4 a HafpR01 I Lp4'~ . r• c n r g - .I 1 ,I . . 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J H _ RW~` ° e/v 71 wl. for ,c✓ - p, f H Po a EEI7 I Iw 157 N PV,,r~4 \ ~ / LS * l ampfion Er largemenfi • ~ P7S p\ BURT) -"p\ tlL~ y/s 5'T,~ DL Kt 'ST 4vr ?I I, PRINCE 9T ,FJ '(U4,'~ 3P e ' ~'TS < EF ~ ~P Rr `LSS~ Sr ? 43' 1 ( L 9 N P- 'Slip 4~ r3Q Q, (1175 ,Ij W I/2 Mlta - ~ "R °L Lf ~Y~ 4VO Y'`W. PO 1 I 2.- Sf 4W{P NJN L STL ~y1 1 ~ I a Bee1r,N/I/ N GPO< W. i 4i ryp LPL ~ Q~. a ~ I 1 OvoPe 68 //x 10 tiyrsq, nL4e+i 5 P)f 115:11 -11-1 ,Io RI. IIT loTTfFro~7/ho.np(onlo lro/TOIr Copyrl.9ht ARROW PUBLISHING CO INC. - ~+N CL AL'L'lt]P ^ " 15 : .I I TA% ASSESSMENT According to the Northampton Assessor s. Office, the, subject parcel is designated as Map 12; Parcel 7 and has an assessed', value of $331;900. The assessed value is clearly based on potential development.. Since this differs from the subject's Highest and Best Use, the assessed value is'significantly higher . than the appraised value of the subject parcel., The 1994 tax rate is.,$12-.95 per thousand dollars of :assessed valuation. Therefore, taxes on the subject parcel would be calculated as follows: is ,298.11 331.9 x $12.95. $4 According to the Tax Collector for.the,City,of Northampton, several years "of back taxes- are. owed on' the subject property. Back taxes are owed for'FY 1991; •,FY' 1992, and FY 1993 for a total $16;358.48 as of 4%25/94,'and interest is accruing at,a rate of , $6.65 per day, An Instrument of Taking because.-of nor-payment. - of , of.taxeswas recorded.in;the Hampshire.County Registry of Deeds, 1 Book',4313, Page 331 on September 30,-_1993 ZONING According.to,the zoning bylaws for the Gity of Northampton, the-- subj ect is located 'in - the . RR Rural Residential :zone and portions,, of . the are within the Water .,-Supply Protections J District Overlay. Basic requirements in'the RR-Rural Residential zoning district area as.'follows Minimum lot area. 4o-000 SF - Minimum:.lot 'frontage 175 ft:, mum,lot Aepth: 200 ft. Mini ° Uses allowed by :right -in the Rural:,Resi.dential,zone include single-family homes„ churches, municipal facilities,' cemeteries, historical society uses, an&,.agricultural`' uses. Allowed. by ;special permit from the Zoning Board of Appeals are various.` community facilities, year "round° greenhous6s,'or "kennels and" quarrying activities. With:a'special permit`.from the. Planning „ f , Board,-cluster and planned unit developments can be allowed. (See,; " . relevant'Zoning By-Law'Exceptions.in the Addenda..section of this report). -I ` of the land was added to the Water Supply The. majority Protection District Overlay in 1990: Location in this overlay increases minimum `lot size 'to 80,000 SF. Wetlands mapping done I I on the parcel indicate that there are approximately.52.4 acres of j wetland on the site. According to,the Flood Insurance Rate Map j for the city of Northampton, most of the land is not located in a 100 year flood boundary. Only that land immediately surrounding,Broad'Brook 'is in a flood hazard-area: II I . _J • n 1 20, / SUBJECT PROPERTY `("continued) - The subject property is located in an area that,has seen, and has demand for residential development. However, since the ~ subj e.ct" parcel, has, no frontage, nor likely frontage, on,'a public I I" way; it cannot be` considered as buildable land 'for the purpose of ' valuation. The only access, to the site is over, 'a discontinued town way known. as Boggy Meadow Road. Without `adequate legal' access, '.a subdivision on the land would not be"permitted. The land meets many of the, needs, for conservation land and would. I serve as a vital linkage between two town-owned conservation. r1 ' properties. Therefore, the Highest and Best Use of the subject" parcel s`for conservation land and conservation purposes: There ' are no•known:deposits,of gravel, or potential Sites where gravel ll might be. found on `the subject parcel: While much of the site is wooded, it would not appear that the site'has been logged i ' the recent past: Potential timber value does not appear tobe • significant. ' AnIndependent,,. l appraisal of'.timber value should be undertaken if the client desires an, Estimate . t r , l l; zz VALUATION OF THE SUBJECT - All three approaches to value were considered and o - my one of'the'three..approaches will be used in the appraisal report. The Cost Approach 'to Value is typically used on land i valuations when subdivision, appears. feasible and costs of development.can.be estimated-based on proposed land use plans. Subdivision of-the subject land has been 'determined to be infeasible, and therefore, the Cost Approach is.'not applicable.: tThe Income Approach to Value, . as applied .to land, is an, integral part of, a subdivision analysis where discounted cash.-` flows are analyzed to present valuer Again; since the subj ect can not be developed, :;this-approach is not.valid. The, Sales Comparison Approach will,be used because it-may be reasonably applied if there are adequate sales of.proper ties j I = - similar- to the-subject that -require suf-fici~ently, few 'adjustments 1 ,.,to: yi.eld'a defensible and convincing indication. of market, value. This method. of valuation is considered to be highly relevant' 1 where' applicable,- since, this approach best, reflects the actions of the buyers and „ sellers who constitute 'the , market for ; . subject. :,,properties 'such as' 1." THE SALES COMPARISON APPROACH' 'The Sales Comparison Approach to'Value is.,ased upon the principle of_•substitution, whereby value-tends to be set at the;., cosh:, of acquiring an equally, desirable substitute property, assuming no-costly delay, in,making.the substitution. Since two. ; properties' are 'seldom: 14entical,_,it is,-necessary; to make J sale, 'adjustments for, significant-dissimilar tiessuch as.time 6 . property .rights;"-'terms.'of.sale°, conditions of sale, open space 'value, timber'valueand other factors, " In approaching.the'valuation of.. the subject property, an estimate, of value.-is made basing the`value`on the ;value. of the. property as conservation land:,` Five 'sales are .included for. - ` f analysis-of this .:land-, The, analysis- of the sales in relation'to -the subject, property follows'the grid. Eliminated from.,consideraton. was, an adjacent land-locked;- parcel (Abuza, to the City of Northampton)` with 86 acres. it sold j for $41,800 on 1/28/43. `'It is' consider ed by all.parties to have ~ ll . been a°bargain.sale;. with'an appraised,walue of $70,000. , I • I , i , 1 ~ A EE ~ 00 N rn W a I a P4 U f, 29 SALES COMPARISON (continued) • Comparable Sales Analysis I , The' five land sales chosen for comparison sold between June 1993 and,April 1994 at an unadjusted sale price range of $22,500 to $86,000. My, investigation revealed, that in, each case,. the fee simple estate was acquired by the grantee. All'comparables are relatively recent sales of larger"than average parcels that were deemed not developable, at this. time . All were located, in urban or suburban areas where some pressures of development have been, experienced in the past ten years: All parcels were purchased, for conservation,purposes. No adjustment, for time was seen' as;, necessary, on any, of 'the comparables. Land prices in , ..general have: been stable for'the past year, andundevelopable' I .-land is a market that is very slow to change.., Sale #1; located at Broad Brook parcel, Northampton, MA; is a landlocked parcel adjacent to or near the, subject property that was:purchas'ed last year by the City of Northampton for the Fitzgerald Lake Conservation Area... the holdings of adding to , , ,,The terrain' and location, are verysimilar to than of the subject property,... The site had been significantly logged and this diminished the -value of the, prop ert','both, in te'rms•,,of'.. 'conservation: appeal and in terms of value • to.-both the seller and , _ the':buyer.: ' Therefore,, an upward adjustment:! of 25T, is made-,for, • that" site feature . The net adjustment, is upward.. Sale #2, located off ` Mt Warner Road in, Hadley, -MA; was ; also " a parcel h` no. road frontage . It is in a, more suburban • location "where land value's are slightly lower than in the, subject location arid'where:pressures'on development are less, ;although not''sign 'ficantly. Therefore, ~ ar upward. adjustment of 25% is ' made'.'. The land was'steep:and :rolling, not dissimilar in,appeaI to the subject : property, with- the significant difference" being " W ` arner large amount, of frontage on Lake the fact: that it_ had a and on the adjacent Mill River. Therefore,. a downward adjustment 0% is made . The net adjustment -is upward by .5% . " of 2 J, . - Sale #3, ' located off of Stage Road, ,:in Deerfield, MA, ` was also in a more. suburban. location and a 25%.adjustment is made,for this. The land was 'wooded with. potential views.' , It 'was " considered to have somewhat superior development potential 'due to " the, fact that there'wa's limited, frontage on a private road, which theoretically, could have been"extended into the.subject"parcel ' ` to create"frontage for the land., A 10% adjustment is.made for this feature, which is a small. adjustment primarily because there was clearly some resistance to this plan on the part of Deerfield.. The net adjustment is upwardby 15%. Sale #4, known as Stoddard Hill, in Leverett, MA,, was purchased-:by the Commonwealth of Massachusetts Division of Fisheries and Wildlife, which was actively buying land around and ' near Sale #4..for a wildlife corridor. An upward adjustment is That is also-made for•the more suburban location of this site. the .only, adjustment that. is ;made.': The iet"adjustment' is, upward. , jjf i r . . 30, SALES COMPARISON'(continued) " Comparable Sales Analysis (continued) Sale #5, on North Maple. Street in Hadley, MA, was sold for $30,000 at auction to the Valley Land Fund. It is considered, an . arm's length transaction because the auction was conducted by the _ r1 mortgagee, not considered to be an owner under duress, and-`- numerous bidders attended the sale. The, auction was well publicized in advance of the date. It is•suburban in location and has. a` significant amount of. road frontage on North Maple Street. However, due to the'- wetlands area and the meadows it is. considered to be unsuiaable- for development and most, kinds of." farming. Because of its significant amount of road frontage' it has superior access than the subject 'property and therefore is adjusted downward by 25%' `LL ' The analysis, of .the,; preceding information takes into, . -consideration all known sales of ;landlocked parcels that have occurred in- the area within the past. several" years. I have =i considered, factors such. as :time ,of .sale', location, appeal,, utility, and,development- potential',.''Based upon my analysis, the . subject.property falls within an adjusted-sale price per. acre ` range ofr $627 to $1;142. Due to the fact that the parcel is under. consideration for "a taking, and'due. to the.fact.that the-owners . 'purchased the property, intending to develop, it>anal expected 'a, e parcel,_ and that,the';probable buyers high rate of return on't . are highly motivated, the upper end of, the range of value, appears more appropriate: Therefore; .a per, acre 'selling `pr,ice of.$l,100 , seems, probable, which correlates most closely to the most recent Sale total value .of.'=the land is calculated as follows-- . 147.5 'acre's x, $1,100%AC =$162,250 l _ Rounded to. $162,000 J[ i'l , INDICATED VALUE BY THE SALES COMPARISON.APPROACH ' ONE.HUNDRED AND SIXTY TWO THOUSAND DOLLARS C $162,000 r• APPRAISAL F7,*-4-L- Z,Of C,41 Cookes Pasture 147.5 Acres Off Coles Meadow Road Northampton, Massachusetts Hampshire County Effective Date: May 1, 1994 Owned By: Northampton Land Partnership prepared for the City of Northampton at the request of the Wayne M. Feiden, AICP Principal Planner by K. Levitch Associates 01301 393 Main Street, Greenfield, MA ~~c _h TABLE OF CONTENTS 4 CONTINGENT AND LIMITING CONDITIONS . • • • • . SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PHOTOGRAPHS OF THE SUBJECT PROPERTY . , 11 PURPOSE AND SCOPE OF THE APPRAISAL . 11 MARKET VALUE DEFINED • • • • • • ' • • • IDENTIFICATION OF THE PROPERTY AND FIVE YEAR SALES • ' . 12 HISTORY . . . . . . . . . . . . . . . . . . 13 REGIONAL MAP . • • • • • • ' ' • • . AREA AND NEIGHBORHOOD ANALYSIS . • • • . , , , . 14 . 15 . . . , . COMMUNITY MAP . . . . . . . . . . ' . 16 COMMUNITY DATA . • • • • • • • • • . , . , 18 . , , , MARKET DATA . • • • • • ' • . • • . . 19 NEIGHBORHOOD DATA . • • • • • ' • , • , 20 . . . , , TOPOGRAPHIC MAP . • • • • • ' • ' • . , 21 . , , FOREST TYPE MAP . • • • • • ' • • , 22 , , , . SITE DATA . • • • • • • • ' • ' . . 5 25 . • . , , ASSESSOR'S MAP • • • . • • • • ' ' ' • , ASSESSMENT AND TAX DATA . • • • • • ' . 27 . . , , , . ZONING MAPS • • • • • • • • . • • . 2 9 ZONING DATA . • • • • • ' • • • • 31 HIGHEST AND BEST USE ANALYSIS . • • • • ' • , 36 THE APPRAISAL PROCESS . • • • • . ' ' • ' • . . . , • • , 38 8 , THE COST APPROACH . • • • • • ' • THE SALES COMPARISON APPROACH • • • • • • • , 3 54 THE.INCOME APPROACH • • • • • • ' • ' RECONCILIATION AND FINAL VALUE ESTIMATE . . 55 CERTIFICATE OF APPRAISAL . • • • • • ' • ' . 58 ADDENDA . . . . . . . . . . . . . ION APPROVAL/DISAPPROVAL • . i . NOTICE OF SUBDIVIS PRELIMINARY SUBDIVISION PLAN • • • • ii . REVIEW OF EXCERPTS FROM ZONING BY-LAWS . • • • • • • • . ' • . . iv SUBDIVISION REGULATIONS • • • • ' • • . V SOILS MAP AND KEY . . . . . . , vi FLOOD MAP • • • • • • • • . • vii LEGAL DESCRIPTION . THE APPRAISER . . viii QUALIFICATIONS OF X : PARTIAL CLIENT LIST . K. L,EVITCH AS'SOCIAT'ES Real Estate Appraisers August 1, 1994 Mr. Wayne M. Feiden, AICP Office of Planning and Development City of Northampton City Hall - 210 Main Street Northampton, MA 01060 Dear Mr. Feiden: At your request, I have made revisions to my appraisal dated May 16, 1994. These revisions include reorganization of the report and clarification of items addressed in William King's letter dated July 25, 1994. I have inspected and appraised the land currently owned by Northampton Land Partnership, commonly known as Cookes Pasture, identified on Assessor's Map 12 as Parcel 7. The following appraisal is done in accordance with your April 15, 1994 Revised Request for appraisal services in accordance with 301 CMR 7.03, Massachusetts Self-Help Regulations and the Uniform Standards of Professional Appraisal Practice. The purpose of this appraisal is to estimate the market value of the land for the purpose of consideration of just compensation for a potential eminent domain action by the City of Northampton. Based on the analysis contained in this report, I have of estimated the market value of the subject property, May 1, 1994, to be: ONE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($185,000) The owner's representative, Neal Welch, has declined on behalf of the owners to participate in the field inspection of the property. The following report, which contains 58 total pages including this letter, explains the reasoning and analysis behind my estimate of value. Respectfully submitte4x Kim A. Levitch Certified General Real Estate Appraiser Commonwealth of Massachusetts License #258 P. O. Box 1553 • 393 Main Street Greenfield, MA 01302 (413) 774-2959 a Cookes Pasture May 1, 1994 Page 4 _ f Northampton, Massachusetts CONTINGENT AND LIMITING CONDITIONS The certification of the appraiser appearing in the appraisal report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the appraiser in-the report. 1. The appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership. 2. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property. The appraiser has made no survey of the property. 3. The appraiser is not required to give testimony or to appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been made therefore. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures which could render it more or less valuable. The appraiser assumes no responsibility for such conditions or for engineering which might be required to discover such factors. 6. Information, estimates and opinions appraiser, and contained in this report, sources considered reliable and believed correct. However, no responsibility for items furnished to the appraiser can be appraiser. furnished to the were obtained from to be true and accuracy of such assumed by the 7. Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the appraiser is affiliated. Cookes Pasture Northampton, Massachusetts May 1, 1994 Page 5. 8. Neither all, nor any part of the contents of this report, or any copy thereof (including conclusions as to property value, the identity of the appraiser, professional designations, reference to any professional appraisal organizations, or the firm with which the appraiser but the connected) shall be used for any purposes by anyone client specified in the report, the borrower if appraisal fee is paid by the same, the mortgagee or its suicessors and assigns, mortgage insurers, consultants, P roved appraisal organizations, any state or federally approved financial institution, any department, agency, instrumentality of the United States or any state or the District of Columbia, without the previous written consent of the appraiser; nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales or other media without the written consent and approval of the appraiser. 9. On all appraisals subject to satisfactory completion, repairs or alterations, the appraisal report and value conclusion are contingent upon completion of the improvements in a workmanlike manner. 10. The final opinion of value reached in this appraisal is based on the assumption that the subject property conforms to all regulations under Massachusetts Statute C.21E, the Massachusetts Oil and Hazardous Material Release Prevention .and Response Act. Determination of this conformance, based on a qualified environmental report, was not provided to the appraiser. 11. The forecasts or projections included in this report are used to assist in the valuation process and are based on current market conditions, anticipated short-termThesely and demand factors, and a continued stable economy. forecasts are, therefore, subject to changes in futthe conditions which cannot be accurately predicted appraiser and could affect the future income and/or value forecasts. 7 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY LOCATION: KNOWN AS: INTERESTS APPRAISED: OWNER OF RECORD: DEED REFERENCE: ASSESSOR'S REFERENCE: CURRENT ASSESSMENT, FY94 LAND SIZE: IMPROVEMENTS: ZONING: HIGHEST AND BEST USE: ESTIMATE OF MARKET VALUE : EFFECTIVE DATE OF APPRAISAL: PREPARED FOR: AT THE REQUEST OF: PURPOSE AND FUNCTION OF APPRAISAL: APPRAISER: Off Coles Meadow Road Northampton, Massachusetts Cookes Pasture (or the Proposed Hidden Oak Estates subdivision) Fee simple estate Northampton Land Partnership Book 3067, Page 241, Hampshire County Registry of Deeds Map 12, Parcel 7 $331,900 147.5 acres, per Preliminary Subdivision Plan drawn by Almer Huntley, Jr. & Associates, Inc., dated 04-15- 88 None Rural Residential-RR with a Water Supply Protection-WSP overlay Conservation area $185,000 May 1, 1994 City of Northampton Wayne M. Feiden, AICP, Principal Planner, Office of Planning and Development To estimate the market value of the fee simple interest for just compensation for potential eminent domain action Kim A. Levitch Certified General Real Estate Appraiser, MA License #258 K. Levitch Associates 393 Main Street Greenfield, MA Cookes Pasture ''Northampton, Massachusetts PHOTOGRAPHS OF THE SUBJECT PROPERTY May 1, 1994 Page 7 1. View facing north into the subject property from n~ 4- .r4 -F =nl Y) of Cact nn Mari ;n Street. n . Coo}-es :assure May ~9 Gc _Northamnton, Massachusetts Paae E PHOTOGRAPHS OF THE SUBJECT PROPERTY 3. Street view facing northwest from North King R i Cookes Pasture Northampton, Massachusetts I May 1, 1994 Page 9 PHOTOGRAPHS OF THE SUBJECT PROPERTY a7 W;-- farina south on Boggy Meadow Road. Subject T v; r r;cnw of suh- ect property facing east. 1 ~ Cookes Pasture May 1, 1994 - - Northampton, Massachusetts - - - - - Page 1-0. PHOTOGRAPHS OF THE SUBJECT PROPERTY Cookes Pasture Northampton, Massachusetts PURPOSE AND SCOPE OF THE APPRAISAL May 1, 1994 Page 11 The purpose of this appraisal is to estimate the market value of the property located off Coles Meadow Road in Northampton, Massachusetts, Hampshire County, as of May 1, 1994. The appraisal assignment includes an inspection of the property and valuation by the sales comparison approach. Highest and best use is considered and a final estimate of value is determined. The estate appraised is the fee simple interest. The City of Northampton is considering just compensation for a potential eminent domain action. As part of the assignment, a number of sources of information have been consulted. Market data has been compiled from records available from the Banker and Tradesmen, County Comps, the Franklin-Hampshire MLS Service, the Northampton Board of Assessors, the City of Northampton's Planning and Development office, property owners in the area, anda representative for the subject property owners. MARKET VALUE DEFINED' Market value is defined as the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 'Market Value as defined in Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), 12 U.S.C. 3339, FDIC Final Rule effective August 20, 1990, Section 34.42. Cookes Pasture Northampton, Massachusetts FEE SIMPLE ESTATE DEFINED2 May 1, 1994 Page 12 Fee simple estate is defined as the absolute ownership unencumbered by any other interest or estate, subject only to the limitations of eminent domain, escheat, police power, and taxation. IDENTIFICATION OF THE PROPERTY AND FIVE YEAR SALES HISTORY The subject property is 147.5 acres located off Coles Meadow Road in Northampton, Massachusetts, being the property referenced on Assessor's Map 12 as Parcel 7. The property was conveyed from Rita L. Pollard to Northampton Land Partnership, a Connecticut Partnership, on October 2, 1987, as described in the Hampshire County Registry of Deeds, Book 3067, Pages 241 to 244, for a consideration of $360,000. A Preliminary Subdivision Plan for Hidden Oak Estates was drawn as of 04-15-88 for Northampton Land Partnership by Almer Huntley, Jr. & Associates, Inc. On June 17, 1988, by a vote of 5-0 with 2 abstentions, the Northampton Planning Board rejected the plan. A copy of the Notice of Subdivision Disapproval and reasons for the Board's disapproval are included in the report Addenda. Two of the most significant reasons for disapproval were that the present sewer system included a pumping station, which is not permitted, and temporary emergency points of access in lieu of providing through streets, which are also not permitted. IDENTIFICATION OF NON REALTY ITEMS There are no non realty items included in the valuation. DISCUSSION OF POTENTIAL ENVIRONMENTAL ISSUES The appraiser is not an expert in environmental matters. The following comments are offered based upon a brief inspection of the subject property. On the day of inspection, there were no visible signs of soil contamination. Conversations with the owners and the City Planner did not indicate any possible contamination. Further questions regarding environmental compliance are deferred to a qualified environmental engineer. 'The Dictionary of Real Estate Appraisal, American Institute of Real Estate Appraisers Co. 1987, Page 123. Cookes Pasture - Northampton Massachusetts- - REGIONAL MAP May 1, 1994 _Page 13 1 I ; I ~ f' " t o I W I L R s~ E 1~_ 1 3 1 w Q I 3 1~ Z W c 1 1 Z OT d! V,.. } I _ f t Y •J < o 1 a ~ I c: J pti 1 j ~~`7 1 W I ~ ~ I I o I ~ I ~ I W = ~ o I ~ U a I l = o r = 1 -1- _ I c~ (l - t- I -a W m H~ S - 1 ' 0o J I J Z - I ~ yGGGN~ ~ ~ _ O ~ J ,,G'= I I l _I Cookes Pasture Northampton Massachusetts AREA AND NEIGHBORHOOD ANALYSIS May 1, 1994 . Page 14 Hampshire County is located in the western central part of Massachusetts. The is small-town in character, with most of the towns outside the Northampton-Amherst influence being rural and residential. The county seat is Northampton. It is bounded on the east by Worcester County, on the south by Hampden County, on the west by Berkshire County, and on the north by Franklin County. It is served by Interstate Route 91 (N/S), Route 5, and a number of state highways, including Route 9 which bisects the county and connects the towns of Ware, Belchertown, Amherst, and Northampton with its eastern and western neighbors. Hampshire County Population % of Change U.S. Census 1970 123,981 - U.S. Census 1980 138,813 +12.0% U.S. Census 1990 146,568 +5.60 This is in contrast to another nearby county, for example: Franklin County Population % of Change U.S. Census 1970 59,210 - U.S. Census 1980 64,317 +8.6% U.S. Census 1990 70,092 +9.0% Both Franklin and Hampshire Counties have grown at a significantly faster rate than Northampton. Nearby towns for the most part have grown at a much faster rate. For example, Amherst has had a 10 year growth of 6%, Belchertown at 25%, Hadley at 2.60, and Williamsburg at 12%. Special features of Hampshire County are the Quabbin Reservoir, which supplies water to the Boston.Metropolitan District, and its many educational institutions, including Smith, Hampshire, Amherst, ,and Mount Holyoke Colleges and the University of Massachusetts campus at Amherst. County government is by a Board of County Commissioners. The University of Massachusetts is the major employer in the county and the faculty, staff, and students of that institution have a profound effect upon the local housing market and the economy in general. The county's manufacturing employment has declined over the last 20 years, while the service and retail bases have increased. Hampshire County has resisted the current economic slump to some degree. I Cookes Pasture -Northampton, Massachusetts - - - - COMMUNITY MAP v May 1, 1994 _ Page 15 r • i / ~ 2 i•j ~ 3 'O 1 yl • NORTH FARMS / n f 2 ~a4 E 4 e ~ ,ran R dOO LAUREL PARK ° Y .a Pf i RO, e Q r c 4 v a 11 = a m iW° :n = V•: \ £ S p O + ~ 111 ~yl W.V , Hw l Unin f PuNUAi t G. Yo•:. t~ fill w... c.~wr _ 1? c t zv- P _ r~ / ..h qd e ° P ~•`ti .hr ~ 1~ ~ E ~b~. Fu.n..,n 9~ ~ ' V Y V 9 S tk `"~-,S x- . T ` ~V.Y /7 w~• ~ /0 J~ Ir 1 ~ ~ sN Ii I Q tl•Wb x ~ T ) . a • °n W., w . T . Plna °nOt° K SI • O + r t IO RT H A M P TO N Hw Q°° % •tiQl°~'` ` C~ c r.m,. b ea , : f ZIA F I~ ` 'P • + . ' _ J 'f9 ~ ✓ ~ O a ep" ® 4 Bn 4 Rner E Is •1aI 101 © a ~ i Q 1 ° ~ ' Y 0 BUrts 1/•/ I U d. C M.HI^ M 7 ~ 4 :1Z ':1% F HiE ap~' 'Y Hunb 1 Lr~wnu Pd R~n~ M~ 3 J~`. ~Fd s ` Pd OAti' ~ Pa w~ e ° ; S+nn e/ °l. ~ W stMmPlo° 6 P°° a° c~ ~ Y ] 5 : J _ v V Lg ••P rk Alit I /JJJ ~-•`STHA '1 PTON . ` 0I~ ';l,/•~• ~ " o `:Ili , _ ~ it - ~ HR.wr, w.... . ~ r Cookes Pasture May 1, 1994 Northampton, Massachusetts- - - - Page 16 COMMUNITY DATA - The City of Northampton is the county seat for Hampshire County and is the geographic center of the county. The city contains approximately 36 square miles of land, the land use breakdown is as follows: Residential 14.9. Commercial 1.7. Industrial 2.2. Transportation 1.6% Undeveloped Land 57.2. Tilled Lane 14.0. Other Uses 8.4. The urban character of the community is limited to a concentration of buildings in the city's downtown, its village centers of Florence and Leeds, and along the main commercial strip, King Street. Otherwise, the hilly topography to the west and the massive amounts of flood plain area along the Connecticut and Mill Rivers have limited development. Northampton's population has not risen or fallen more than 10. in the last 100 years. Northampton Population % Change U.S. Census 1970 29,664 - U.S. Census 1980 29,286 -1.3. U.S. Census 1990 29,289 +0.01. U.S. Census 1995 28,998 -1.0. U.S. Census 2000 28,708 -1.0. Northampton has declined slightly since 1970. According to studies by the Census Bureau, it is projected to remain about the same over the next six years. Public policy in Northampton has discouraged population growth. Interstate 91 has three exit and entrance ramps within the City for both north and southbound traffic. The land around these interchanges has been fully developed with uses typical to automotive traffic, including gasoline stations, fast food restaurants, hotels, and automobile dealerships. Calvin Coolidge was a former Mayor of Northampton prior to becoming governor of the state and president. Smith College, one of the country's premier women's colleges, is the leading institution in the community. It was the base from which a host of upscale development took place in the late 1970's and early 1980's which transformed the City's downtown from tired and dingy 19th century buildings with vacant second and third floors to a vibrant and thriving center. The City is known regionally for the mix of outstanding eating places, nightclubs, and cinemas, as well as the abundance of retail stores in the downtown and is 0 7 Cookes Pasture Northampton, Massachusetts - - May 1, 1994 Page 17 sometimes referred as Cambridge West. A new multi-tiered parking garage services those retailers. City government is by a strong mayor and city council. All City services are provided by full-time staff with the exception of rubbish collection. The recent downturn in real estate prices have affected primarily the high end of the residential condominium market and some of the more recent commercial development. There are few first-floor commercial vacancies downtown presently, accounting for less than a 5% rate. a Cookes Pasture May 1, 1994 Northampton,. Massachusetts Page 18 MARKET DATA March YTD 93 March YTD 94 Med. Med. Sales Sale Price Sales Sale Price Hampshire County 281 Franklin County 157 State 14,365 (According to Franklin-Ham1 The following are the most Hampshire MLS. Statistics and all are Year To Date. $100,000 364 $105,000 $ 85,000 166 $ 85,000 $122,000 16,244 $125,000 oshire MLS as of 04-22-94) active towns in the Franklin- are for residential sales only Average Active Average Marketing Listings Sold Sale Price Time Amherst 216 35 $149,402 118 Easthampton 68 35 $108,889 168 Greenfield 141 24 $ 90,192 116 Hadley 19 6 $119,250 259 Northampton 137 33 $108,607 157 Southampton 19 8 $115,300 106 Towns in the southern portion of the county and along I-91 were responsible for most of the recent population growth. The University of Massachusetts is the largest employer of persons in the Franklin-Hampshire county region, although the University itself is located in Hampshire County. Employment Unemployment statistics for the Hampshire County are 5.76 as of March, 1994, compared to 6.06 in February, 1994, and down slightly from the March, 1993 rate of 6.36. For both years, Hampshire County was one of the lowest in the State. Hampden County had a March, 1994 rate of 8.36 which had declined slightly from 8.76 in February. At 5.56, Northampton has consistently been much lower than some of the neighboring towns, other labor market areas, and the State average. o Cookes Pasture May 1, 1994 Northampton, Massachusetts Page 19. NEIGHBORHOOD DATA The subject is located in the northern part of the City and just to the south of the Hatfield town line. Abutting to the west is the Fitzgerald Lake Conservation area. The City also owns the Marian Street Conservation area which abuts a portion of the parcel on the east side. Also to the east is Interstate Route 91 and North King Street. On North King Street, there are some commercial uses as well as the headquarters of the local station of the Massachusetts State Police and the Rock Ridge Nursing home. Nearby is Laurel Park and other residential areas around Marian Street. Large tracts to the north, west, and south are wood or farm land. Bridge Street to the south is a mixed-use area and to the west on North Farms Road is an area of large tracts of land sparsely settled. The Central Business District is two miles south of the subject. General Description The subject area is wood land and sparsely settled residential areas. Several conservation parcels are nearby. The nearest utilities are located on Coles Meadow Road, one- half mile to the east, and Marian Street, which abuts the property to the east. These include water, sewer, electric, and telephone services. Proximity to central Business District The CBD of Northampton is two miles to the south. Most of the CBD is densely settled with 100. developed areas. The City Hall, public offices, a large retail and business center, as well as County offices are located in this area. Cookes Pasture May 1, 1994 j Northampton, Massachusetts - - - - Page 20 TOPOGRAPHIC MAP, EASTHAMPTON QUADRANGLE 1968, PHOTO REVISED 1979, 7.5 MINUTE SERIES 72° 37' 3C" 4G) 691 40' 6.93 290000 FEET 694 GREENFIELD 17 MI.. ,J 142° p.Y J_( it ~~%ir~~'~I~~I~I!~'~ ~ `'L ~ ~~If~j~~ y''v~C~~' 7-; r~~ sl~ gld Ii a / 1 o \ 1~ D i ll l I I I~ vd v (j O~v ~I I, ~0 a ` \l t~' FEE.. i , J Farms F it/ 1 L I ~ • J - ~ ~ J ll ~ . INT HA GE e~x o I "1 ice, 1*92 Cana ry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island o I I c =`~J'~ w I ^ e/mgr ~,~c"y \ _gIVER- ~I S t `P r t;~~~ t\• ~ ~ j J ~ 0 tit ~~`lU ~ r I I ~ ^/Q' tS. ' - i` III /r rv i 1691 ~t ~\'`:o-:--'E"'i ~'~1\ ?I'Ill i// ~r5 eme eGt~ ca e!.~~t.~ 0- 6 sch: O , y a •Y~ ':{~i,' _ 1 n HO}VEiY PpT R07^O :1\ 285 \ w/• / ~ ~ ~ ~ •i 259 O - :v _ ~ ° 1 l;l 'r ~ % I ~ ~ ram 88 "n r-Gta OEI ~ ~I i0 '•I v ' tt P' 150 Q w "I I ' III 0 11` ° '^.','l~ ~1 . j(%~ 1 \I ~ v ,•n o ~ v :•.:q 'ti' ~.Y:;.; ~ 'Il', t :,l/ ~ ~•.t Elw i r~ F `AI •~~•f`-r I ' ° \ t. \ Z t~\; a.11c1__ 4690 '~rn III L: 28 F1 C' J~ - t l\\X,r•`\~1 Jackson St ~ ~.~~'~C~~[' `j ~V\ 1 I 1 'Fire Stall ~(I I ( l ' < .r. m S~7 20• em 278 .S~b t \;~J I • ps W/ - i t t1 I~11Insd to ~r ;I1 t1 /p'~/ rEer y/ l / \ \ r~~~ „ p 07- Ot 1~ _ V--,.:~ `'p.Q~JI qt~~r ShoPPin6~~•.' E~ T I~ . 1 ` Vii,. = R sTl. Center \ J / Rep - _ t\f~l°i _ Ch1~5'.! .a •'ttfJ'liC,. 'ork .t I~ - 77- '•.~~.1- t _ (vz ~ ..Park, ! eid Bitter j ~ r 'r7l Will f 1 -GeaRN a \ ° - ` diltx5 - Inrn he Jlhntf: la a~ ' K Aruf¢e St '~F3 a ff Cookes Pasture Northampton, Massachusetts - - FOREST TYPE MAP May 1, 1994 Page 21 Faursr ryPE -fAp F;rz~~+ld Pond G 1 F K, 19 3 r 1,,J 0066 j~ ,YEADOUI I{O/JD y ° " O /(Fy 70 F6YE37 TYPES l WH3D P;o(4716=6 2 oH3A paK flon~uD~S 3 /~13A /rrorf(opla,S~urmp fhrdm t 4 BM2C G my B%/c%,1W Ahp6' Pve' S AL NloEr sumnP G o oar =;c/d Mop By. D. F. 80.86, Jz, /'Elo E.VGIRND F61?E5'7R,1 rDONDJI7/0/Y c/79 SC,qA,I: i'= tray's 1 t 1 0 600 1040 /I */.V rro >n Ca/•Eas7, XIC oar;a/PAo7"o3 01ssgs - roof, ' o~rx~7~e3 ,77 ncrcj o! o/ae I f.rCbf.( 4~dTf: ACV" JuroT Y lield lb be cxckv.v -Frorn Cfc•fn7er G 1 R,r0Cr7y a /P/rp POLLARD .(oca?cd rte' BTBY Flcodow ed. rgdd,ez: 78 Lb< Srree7 (,Iloril)a-Pnpt9 ) ,rlorrRCe, N19 0/06 0 Cookes Pasture Northampton, Massachusetts .SITE DATA May 1, 1994 Page 22 Summary: The entire site which is the subject of this appraisal report, located off Coles Meadow Road in the northern portion of Northampton, is being appraised. The abutter to the west is the Fitzgerald Lake Conservation area. To the east are privately held parcels and the Marian Street Conservation area. Access to the parcel is from the south off Boggy Meadow Road, a right-of-way path. There are no utilities to the site and no public road access. According to the owner's survey, which has not been recorded as of the date of this appraisal, it has a total size of 147.5 acres, of which 52.4.acres are estimated to be wetlands. Phvsical Characteristics: Dimensions: Irregular shape, more or less rectangular, see attached maps Drainage: Varies over the parcel, in the northern section there is an alder swamp with poor drainage Topography: Gentle sloping over the parcel Utilities: No power or telephone to the site, extended distance to the nearest street Water: Wells needed Sanitary Sewers: Public hook up required Storm Sewers: None Electricity: Western Mass Electric, at street Telephone: New England Telephone, at street Site Improvements: Street: Preliminary Subdivision Plans indicate one potential street layout, total length of 8,717 LF Fences: None Sidewalks: None Landscaping: None planned Subdivision Plan: Prepared by Almer Huntley, Jr. & Associates, Inc. dated 04-15-88 for Northampton Land Partnership Street Improvements: Paving: Asphalt, Coles Meadow Road and Marian Street are paved Sidewalks: None in the area Curbing: None in the area Road Surface: Asphalt Width: Two lane Maintenance By: City of Northampton ~ L Cookes Pasture Northampton, Massachusetts May 1, 1994 Page 23 - Forest Type: According to the Forest Type Map, the parcel has pine hardwoods, oak hardwoods, red maple, swamp hardwoods, and gray birch areas. The area on the north end of the site is alder swamp and open field. Easements and Restrictive Covenants: See the deed for reference to the Boggy Meadow Road right of way. The status of this road appears unclear. The owner's survey shows this as approximately 14' wide. At the present time, Boggy Meadow Road exists as a foot path. Nuisances and Hazards: None apparent. Wetlands areas, streams, and ledgey areas may be viewed as nuisances for development. Brooks: Broad Brook runs from the middle of the north section of the site southward and to the west of the site into Fitzgerald Lake. Along the sites of the brook are wetland areas. There are other areas that appear to have seasonal brooks or drainage areas. Relationship of Site to Surroundings: The site is similar to the Fitzgerald Lake Conservation area to the west and to wood lands area abutting on all sides. Soils: A copy of the soils map is included in the Addenda. In general, the soils are stoney, fine sandy loam with the north section being a bog. Farming History: The present to know the the parcel, inspection, of stone wa foundations owner did not seem farming history of however, during my there was evidence 11s and small stone throughout the site Cookes Pasture -Northampton, Massachusetts-- May 1, 1994 Page_ 24 which may indicate farming activity in the past. Commercial Value of Timber/ Sand/Gravel: To my knowledge, no timber or soil surveys have been taken to date. Since I am not a forester, nor a soils expert, I cannot comment on either conclusively. on the day of inspection, however, I observed young and moderate growth stands of trees that did not appear to be harvestable. Cookes Pasture Northampton, Massachusetts May 1, 1994 Page 25 ASSESSOR'S MAP 12, PARCEL 7 (size has been recalculated) 1 .Cookes Pasture May 1, 1994 Northampton,_ Massachusetts _ Page 26 ASSESSMENT AND TAX DATA The City of Northampton assessor's office lists the subject property's valuation as follows: Map 12, Parcel 7 Land: $331,900 Total: $331,900 FY94 Tax Rate: $12.95 per $1,000 Real Estate Tax: $4,298.11 Assessment is based on 100% valuation as certified by the State of Massachusetts. The assessor's office appears to have valued the site based on the expectation that it would be developed or that it had development potential. This is consistent with the way large parcels have been viewed by both the City and developers over the past decade until the past year or two. With recent changes in the Zoning Ordinance, and a more realistic perception of market'conditions surrounding subdivisions, it is unlikely that the subject would be considered a developable parcel at the present time. As of May 1, 1994, an amount of $16,398.38 is owed in back taxes, and an Instrument of Taking has been recorded by the City. Cookes Pasture May 1, 1994 Northampton, Massachusetts _ Page 27 ZONING MAPS - Rural Residential (RR) District o v ~ i -F-_` {~-i• .n ci ~ ; its N w Li L z 0 N Z O d C O Z fnM~I~ ;f S K G: Cookes Pasture Northampton, Massachusetts May 1, 1994 Page 28 Rural Residential (RR) District showing Water Supply Protection (WSP) District Overlay W W Ln L L L C) N 7 O C O L L. D Cookes Pasture May 1,'1994 Northampton, Massachusetts Page 29 ZONING DATA According to City of Northampton Zoning Ordinance, 1977 as amended, the subject is zoned Rural Residential (RR) with a Water Supply Protection (WSP) District Overlay. RR permits single family use, forestry and growing of vegetables, accessory apartments, as amended 02-18-93, religious uses, cemetery, historical association, facilities for essential services and various agricultural uses. A number of uses are allowed by Special Permit from the Zoning Board or Planning Board. In all cases, the Water Supply Protection District Overlay supersedes the regulations for the underlying district where there is a conflict. The following is a summary of Dimensional Regulations: RR District Minimum lot area Frontage Minimum lot depth Minimum setbacks: front, side, rear Maximum bldg. height 0 Building Coverage FAR 0 Open Space Dwelling Units/Acre 40,000 SF 175' 200' 40', 20', 50' 35' 150 None 800 1.1 WSP District Section 16.0 80,000 SF 150 .54 Single-family housing is allowed by right in the subject zone. See Addenda for a copy of the Table of Use Regulations referring to permitted uses and Table of Dimensional and Density Regulations. Water Supply Protection (WSP) District This district is designed to protect and preserve the public drinking water resources of the City. The rules for this district are in addition to the rules for the underlying district. By right, the subject has no road frontage. The so-called Boggy Meadow Road, while a right of way, is not considered a city road, therefore, the subject has no road frontage. Both utility access and street access are needed to the parcel for development. Cookes Pasture May 1, 1994 Northampton,- Massachusetts Page 30 Since there is no road frontage, the parcel would be subject to subdivision control. Density would be limited by the WSP requirements. According to page 11-13 of the Zoning ordinance (see Addenda) under WSP, .54 dwelling units per acre are allowed after deduction of proposed roadways and 900 of wetlands and floodplains. So the parcel is 147.5 acres less roadway of 12 acres. Less 900 of the wetlands area of 52.4 acres would equal 88.34 acres, multiplied by .54 dwellings would yield 47 possible units. The Preliminary Subdivision Plan for Hidden Oak Estates (dated 04-15-88) was based on 119 dwelling units. This density does not appear possible based on the current updated Zoning Ordinance. In addition, the original plan called for a sanitary sewer lift station. According to the Subdivision Regulations, Page 45, Section 8.20 Sanitary 1, the City will only accept gravity sewerage-systems (Amended April 11, 1991), therefore, the proposed sanitary system would not be permitted. The subject property is not located in a HUD-designated flood zone according to FIRM Community Panel No. 250167 0002 A, dated April 3, 1978 (see Addenda for copy). Cookes Pasture May 1, 1994 - Northampton, Massachusetts Page 31 HIGHEST AND BEST USE ANALYSIS Highest and best use is defined as the reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.3 Highest and best use analysis is an economic analysis of land use and not a judgement of social values apart from peoples actions in the marketplace. Physically Possible Uses The subject property is a large parcel with 147.5 acres of land, of which approximately 52 acres is wetland. This area would be difficult for any use aside from a conservation or recreational function. Most of the site is wood land but some area to the north is open and swampy. Topography is gentle rolling slopes for the most part. Some rock and ledge outcroppings are visible throughout the site. Soils appear to be typical wood land and swamp types (see Addenda for copy of soil map). Drainage appears adequate in the south part of the site, but there are some seasonal wetlands areas,'mostly very small in this area. The type of soil and topolography is typical of other nearby areas that have been developed. The shape is roughly rectangular and presents no particular problems for use. Based on the physical attributes of the site, some type of residential development may be possible. Legally Permissible Uses Zoning By-Laws and deed restrictions permit single-family homes on the subject property. A Preliminary Subdivision Plan was rejected by the Planning Board in 1988. Recent amendments to the Zoning ordinance makes this type of subdivision more difficult. The inclusion of the Water Supply Protection District Overlay reduces the density of development permitted in the area. In addition, the parcel does not have any road frontage or access other than a right-of-way on Boggy Meadow Road. Without access and an emergency exit, a subdivision would not be permitted. Financially Feasible Uses Financial feasibility considers both supply and demand factors. With the subject, there appears to be insufficient demand for a subdivision of this scale. The population of Northampton has remained stable for the past 30+ years. 'The Appraisal of Real-Estate, Ninth Edition, Institute of Real Estate Appraisers, Chicago, 1987, page 269. t II Cookes Pasture May 1, 1994 Northampton, Massachusetts Page 32 Without growth, it is highly unlikely that a subdivision of say 90+/- lots could be sold out in sufficient time to cover infrastructure costs and the desired returns to an investor. Two proformas are used to test the financial feasibility of a subdivision. They show sellouts based on 10 and 8 years, respectively. The longer sellout is based on a 70-lot subdivision with annual sales of 7 lots. The second proforma shows a sellout of 8 years but of a less dense plan of 47 lots. Offsetting the smaller scale are higher prices per lot. The 47-lot scenario is based on the current density of the WSP district overlay. The following explains the feasibility tests. DEVELOPMENT METHOD The development method is a variation of the income approach used in the valuation of subdivisions. The annual income for each year in the life of the project is dependent upon the absorption rate of residential lots. The annual expenses are dependent upon the development costs associated with the development schedule of the project. The net income before debt service and income taxes is discounted by a factor that reflects the cost of funds and the relative risk of the project to arrive at an estimate of value. Not included here is the cost to acquire additional land which would provide access to the parcel. Cookes Pasture May 1, 1994 Northampton, Massachusetts Page 33 PROFORMA - 10 YEAR SELLOUT BASED ON 70-LOT SUBDIVISION ASSUMPTIONS Cookes Pasture Hidden Oak Estates Northampton Retail price per lot $60,000 Legal Fees per lot $400 Sales expense 10% Survey costs per lot 5% Total number of lots 70 Percent of total sold per year 10% Road Costs $1,400,000 8717L.ft plus pump station Miscellaneous Fees 2% Management & Support 5% Discount Rate 11.00% Taxes per lot $900 INCOME AND EXPENSE PROJECTIONS PRE TAX YEAR 1 .:;2 3 4..: .5. ,:6 7:. 8 9 10 Sales 7 7 7 7 7 7 7 7 7 7 GROSS INCOME 420,000 432,600 445,200 457,800 470,400 483,000 495,600 508,200 520,800 533,400 EXPENSES Real Estate Taxes 6,000 63,000 56,700 50,400 44,100 37,800 31,500 25,200 18,900 12,600 Sales 42,000 43,260 44,520 45,780 47,040 48,300 49,560 50,820 52,080 53,340 Surveys 64,000 Legal Fees 20,000 2,800 2,800 2,800 2,800 2,800 2,800 2,800 2,800 2,800 Roads @$140L.Ft. 700,000 0 0 800,000 0 0 0 0 0 0 Miscellaneous 8,400 8,652 8,904 9,156 9,408 9,660 9,912 10,164 10,416 10,668 Mgmt & Support 21,000 21,630 22,260 22,890 23,520 24,150 24,780 25,410 26,040 26,670 Developers Profit 20% 84,000 86,520 89,040 91,560 94,080 96,600 99,120 101,640 104,160 106,680 Total 945,400 225,862 224,2241,022,586 220,948 219,310 217,672 216,034 214,396 212,758 Net Profit (525,400) 206,738 220,976(564,786) 249,452 263,690 277,928 292,166 306,404 320,642 Present Value (473,333) 167,793 161,576 (372,042) 148,038 140,979 133,866 126,779 119,781 112,925 PV Factor 0.90090.81 1 621 0.7311930.6587310.5934530.5346390.4816570.4339280.3909250.352184 ':ia3 3fi2 Total $1,812 Per Acre The $266,000 would be reduced by the cost of acquiring an access parcel of land. If the cost of this parcel was $100,000, the final feasibility test would be $166,000. Cookes Pasture - - - Northampton, Massachusetts _ May 1, 1994 Page 34 PROFORMA - 8 YEAR SELLOUT BASED ON 47-LOT SUBDIVISION ASSUMPTIONS Cookes Pasture Retail price per lot Legal Fees per lot Sales expense Survey costs per lot Total number of lots Percent of total sold per year Road Costs Miscellaneous Fees Management & Support Discount Rate Taxes per lot INCOME AND EXPENSE PROJECTIONS Hidden Oak Estates-2 Northampton $75,000 $400 10% 5% 47 20% $1,400,000 8717L.ft plus pump station 2% 5% 11.00% $900 PRE TAX YEAR 1' 2 3` 4 5 6 7: ` 8 Sales 6 6 6 6 6 6 6 5 GROSS :INCOME 450,000 463,500 477,000 490,500 504,000 517,500 531,000 453,750 EXPENSES Real Estate Taxes 6,000 42,300 36,900 31,500 26,100 20,700 15,300 9,900 Sales 45,000 46,350 47,700 49,050 50,400 51,750 53,100 45,375 Surveys 59,400 Legal Fees 20,000 2,400 2,400 2,400 2,400 2,400 2,400 2,000 Roads @ $140L.Ft. 700,000 0 0 800,000 0 0 0 0 Miscellaneous 9,000 9,270 9,540 9,810 10,080 10,350 10,620 9,075 Mgmt & Support 22,500 23,175 23,850 24,525 25,200 25,875 26,550 22,688 Developers Profit 15% 67,500 69,525 71,550 73,575 75,600 103,500 106,200 90,750 Total 929,400 193,020 191,940 990,860 189,780 214,575 214,170 179,788 Net Profit (479,400) 270,480 285,060 (500,360) 314,220 302,925 316,830 273,963 Present Value (431,892) 219,528 208,433 (329,603) 186,474 161,956 152,604 118,880 PV Factor 0.900901 0.811624 0.73119 0.658732 0.59345 0.534641 0.481659 0.433928 Total $1,948 Per Acre As in the previous pro forma, the $286,000 would b e reduced by th e cost o f acquiring an access parcel of land. If that be $1 t 000 00 the resulting feasibility tes t would be were o , , $186, 000. Cookes Pasture Northampton, Massachusetts Both cases are considered high risk based on sale of building lots in Northampton has not level that would support a 6 or 7 lot per ye At say 200 of the entire market, Northampton sustain an annual rate of lot sales of 35. May 1, 1994 Page 35 demand. The approached the ar absorption. would have to For 1993, there were 17 lot sales with a low sale price of $30,000 and a high of $66,000. The median sale price was $46,500. For 1992, there were 12 MLS sales with a low of $35,000 and a high of $105,000. The median sale price was $69,000. For 1991, there were 11 sales with a low of $35,000 and a high of $115,000. The median sale price was $62,500. For 1990, there were 10 sales with a low of $35,000 and high of $105,000. The median sale price was $61,000. An eleventh sale was a multi-lot sale. In both proformas, an average of over 32 sales would be needed to reasonably expect absorption within the forecast period. The MLS sales have averaged 12.5 per year over the past 4 years. MLS sales generally comprise 60% to 7001 of the market, therefore, an annual number of sales of 19 have most likely been achieved. This is 40% less than is needed to achieve the investment goals and pay infrastructure costs outlined in both proformas. Without this number of sales, the return to the developer would drop dramatically. Based on financial feasibility, a subdivision at the subject's location is not supported by the market. Maximally Productive Use and Highest and Best Use The only feasible use is as recreational or conservation land. No other use provides a positive return to an investor. The highest and best use of the subject parcel is conservation use. Cookes Pasture Northampton, Massachusetts THE APPRAISAL PROCESS May 1, 1994 Page 36 The appraisal process is the orderly program in which the data used to estimate the value of the subject property are acquired, classified, analyzed, and presented. The first step is defining the appraisal problem - i.e., identification of the real estate, the effective date of the value estimate, the property rights being appraised, and the type of value sought. Once this has been accomplished, the appraiser collects and analyzes the factors that affect the market value of the subject property. These include area and neighborhood analysis, site'and improvement analysis, highest and best use analysis, and the application of the three approaches to estimating the property's value. Appraisers generally use three approaches to value: the direct sales comparison approach (also known as the market data approach), the cost approach, and the income approach. The first approach available to the appraiser is the cost approach to value. Accrued depreciation is deducted from the cost new of the improvements, and this is added to the land value. The resultant figure indicates the value of the whole property. Generally, the land value is obtained through the direct sales comparison approach. Reproduction cost new of the improvements is estimated on the basis of current prices for the component parts of the building less depreciation, computed after analyzing the disadvantages or deficiencies of the existing building as compared to a new building. The direct sales comparison approach is used to estimate the value of the land as if vacant and/or the whole property as improved. The appraiser gathers data on sales of comparable properties and analyzes the nature and condition of each sale, making logical adjustments for dissimilar characteristics. Typically, a common denominator is found. For land value, this is usually either a price per square foot or price per acre; for improved properties, the common denominator may be price per square foot, price per unit, or a gross rent multiplier. The direct sales comparison approach gives a good indication of value when sales of similar properties are available. The income approach is predicated on the assumption that there is .a definite relationship between the amount of income a property will earn and its value. This approach is based on the principle that value is created by the expectation of benefits derived in the future. The anticipated net income of the subject property is processed to produce an indication of value. Net income is the income generated before payment of any debt service. The process of converting it into value is called capitalization, which involves dividing the net income by a capitalization rate. 1= Cookes Pasture May 1, 1994 Northampton, Massachusetts Page 37 Factors such as risk, time, interest on the capital investment, and recapture of the depreciating asset are considered in the rate. The appropriateness of this rate is critical, and there are a number of techniques by which it may be developed. The final step in the appraisal process is the reconciliation of the value indications. In the reconciliation, the appraiser considers the relative applicability of each of the three approaches used, examines the range between the value indications, and places major emphasis on the approach that appears to produce the most reliable solution to the specific appraisal problem. The purpose of the appraisal, the type of property, and the adequacy and reliability of the data are analyzed; these considerations influence the weight given to each of the approaches to value. Cookes Pasture Northampton, Massachusetts THE COST APPROACH May 1, 1994 Page 38 The economic principle of substitution is critical to the cost approach. The market compares the value of an improved property to the cost to acquire vacant land and to replace or reconstruct the improvements. The cost includes developer's profit. Deductions are made for physical deterioration and for functional obsolescence. Factors not physically related to the site or its improvements can also affect value. An example is a severe oversupply of similar properties in the neighborhood which would cause the value of a newly constructed property to have a value lower than its replacement cost. The procedure for estimating value by the cost approach typically involves gathering data necessary to determine the value of the subject site, as vacant. Costs take the form of direct materials and labor, indirect fees, charges, and entrepreneurial profit. These costs are based upon construction data for similar properties in the subject region. The data can is obtained from local contractors, developers, and published cost manuals. The cost approach is only used in subdivision valuation when there have been improvements made to the land. In that case, land acquisition, planning engineering, road construction, and entrepreneurial costs would give an indication of value. In the case of the subject, only the planning stage has occurred, therefore, cost is not considered. V C Cookes Pasture May 1, 1994 Northampton, Massachusetts Page 39 THE SALES COMPARISON APPROACH In the sales comparison approach, market value is estimated by comparing the subject property to similar properties which have been sold recently. Because no two properties are exactly alike, the accuracy of the approach relies upon availability of similar sales, or the availability of information which will allow the appraiser to quantify and explain differences between the subject and the comparable sales. The subject is compared to other parcels with like utility, such as the following four sales. SELECTION OF COMPARABLE SALES Comp Size Price # Date Address Price Acres Per Acre 1 06-09-93 Hawks Rd., Deerfield $155,000 100.0 $1,550.00 2 12-22-93 Mt. Warner Rd., Hadley $ 79,900 94.8 $ 842.83 3 10-14-93 Stage Rd., Deerfield $ 86,000 101.0 $ 851.49 4 03-31-94 Green River Rd., Colrain $ 30,000 30.0 $1,000.00 by:-17SCIA Service center l` 01060 Hampshire Conservation District 243 King St. - Room 39 - Northampton, MA 01060 - Telephone 584.1464 COOP13RATIVB AGREEMENT between the HAMPSHIRL CONSERVATION DISTRICT and City of Northampton (Cooperator) Address; 210 Main Street, City Hall Stater Massachusetts Zips 10/19/98 1 ?PM;la~#168; Page 415 Towni Northampton Phone: 413-587-1263 Address. of property, Fitzgerald Lake Conservation Area Aeresi 15 Previous Owner: Type of Operation: Grasslands rHE DISTRICT AGREES To: Z. Assist in carrying out Cooperator such inform other assistance as it done. The delivery of of personnel and funds District. conservation planning by furnishing to the ation, technical assistance and supervisL-- in; and may have available at the time the worN is to be such assistance Will depend on the availability and on the priorities established by the 2. Provide all programs and services on a nondisoriminatory basis, without regard to racer color, national origin, religion, sexy age, marital Status, or handicap. SHE COOPERATOR AGREES TO; L. Plan the use of the land within its capabilities and treat the land according to its needs by developing and implementing a complete conservation plan. 2. Apply conservation practices. in compliance with the technical standards of the District. 3. Operate and maintain all structures and practices established in an effective condition and to continue the use of all other conservation measures put into egtect. 1. Take all necessary steps to comply with applicable federal., state and local laws and regulations which could apply to activities carried out under this agreement. The furnishing of plans and specifications by or throught the District shall carry no implication of their acceptability under such laws and regulations. __._..S. Y SERVt TiON. OaVELOPME'41 T 77 4A .7 :)y: USf7/r Service Center X413 586 8648; - Page 2 - IT IS FURTHER AGREED THAT; 10/19/98 12~:~~1M;, tFax #ifiB;Page 5J"5 F 1. This agreement will become effective on the date of the last signature and may be terminated or modified by mutual, agreement or by written notice of either party to the other. 2. The provisions of this agreement are understood by the Cooperator and the District, and neither shall be liabja for damage to the prOPerty or person of the other resulting from carrying out this agreement, unless such damage is caused by negligence or misconduct. 3IGNATURESs f~yr^ F COOPERATOR p 4-k rte; ~y (Cooperator) ate la~~~L HAMPSHIRE CONSER`PATI4N DISTRICT By (Chair) Approved by the Berard of - Supervisors on: I- am I ce" (Date) United States Department o1- . riculture STATUS REVIEW l Natural Resource Conservation Service NRCS-LTP-13 WHIP 1999 This information is used in both the development and implementation of a Conservation, Reclamation or Water Quality plan as the basis for technical assistance and/or cost sharing. The authorities for such work are: 16 USC 590a-f (Soil Conservation); 16 USC 1301-1311 (Water Bank); 16 USC 590p(b) (Great Plains); 30 USC 1236 et seq. (Rural Abandoned Mines); 33 USC 1288 et seq. (Rural Clean Water); 43 USC 1592(c) (Colorado River Basin Salinity Control); 16 USC 3831 (Conservation Reserve). Furnishing information is voluntary and will be confidential; however, it is necessary in order to receive assistance. County: Hampshire Date: September 2001 Contract or Agreement No.: 72-1320-9-001 Name: CITY OF NORTHAMPTON Address: City Hall, 210 Main St. Wayne Feiden, Conservation Commission Northampton, MA 01060 Progress in applying plan: WHIP 99 (Tract 3569 Farm 2157) FITZGERALD LAKE DAM Planned conservation practice is Std. 766-Restoration and Management of Natural Ecosystems-Early Successional Grassland. Treatments proposed in contract include: Item A - Brush Hogging of 2 ac (171) in 1999, Item B - Soil Amendment of 2ac (Fl) in 1999, and Item C - Delayed Mowing of 2ac (F1) in 1999, 2000 and 2001. In 2000, the schedule of operations was revised to change delayed mowing dates (Item C) to 2000, 2001 and 2002 None needed. Need for technical assistance: To date, Items A, B and the 2000 mowing of Item C have been completed and landowner received payment. Revision of plan or modification of contract needed: Check on delayed mowing when completed. Land is still under the control of the participant: Yes a Signed District Conservationist or Administering Agency i~ S E P 2 5 2001 No I i DEPT OF PLANNING NORTHAMPTON, MA 01060 Participant C ►7"'(~5 COP-1 United States Department o. _.gnculture STATUS REVIEW Natural Resource Conservation Service NRCS-LTP-13 WHIP 1999 This information is used in both the development and implementation of a Conservation, Reclamation or Water Quality plan as the basis for technical assistance and/or cost sharing. The authorities for such work are: 16 USC 590a-f (Soil Conservation); 16 USC 1301-1311 (Water Bank); 16 USC 590p(b) (Great Plains); 30 USC 1236 et seq. (Rural Abandoned Mines); 33 USC 1288 et seq. (Rural Clean Water); 43 USC 1592(c) (Colorado River Basin Salinity Control); 16 USC 3831 (Conservation Reserve). Furnishing information is voluntary and will be confidential; however, it is necessary in order to receive assistance. County: Hampshire Date: September 2001 Contract or Agreement No.: 72-1320-9-002 Name: CITY OF NORTHAMPTON Address: City Hall 210 Main Street , Wayne Feiden, Conservation Commission Northampton, MA 01060 Progress in applying plan: WHIP 99 (Tract 3570 Farm 2157) SOUTH PASTURE Planned conservation practice is Std. 766 - Restoration and Management of Natural Ecosystems - Early Successional Grassland. Treatments proposed in contract include: Item A - Brush Hogging of 4 ac (F1) in 1999, Item B - Soil Amendment of 4 ac (F1) in 1999, and Item C - Delayed Mowing of 4 ac (Fl) in 1999, 2000 and 2001. In 2000, the Schedule of Operations was revised to change delayed mowing dates (Item C) to 2000, 2001 and 2002. To date, Items A, B and the 2000 delayed mowing of Item C have been completed and the landowner received payment. Revision of plan or modification of contract needed: None needed. Need for technical assistance: Check on delayed mowing when completed. Land is still under the control of the participant: Yes k No_ Signed District Conservationist or Administering Agency "Participant United States Department o -:gnculture STATUS REVIEW ^JI Natural Resource Conservation Service NRCS-LTP-13 WHIP 98 This information is used in both the development and implementation of a Conservation, Reclamation or Water Quality plan as the basis for technical assistance and/or cost sharing. The authorities for such work are: 16 USC 590a-f (Soil Conservation); 16 USC 1301-1311 (Water Bank); 16 USC 590p(b) (Great Plains); 30 USC 1236 et seq. (Rural Abandoned Mines); 33 USC 1288 et seq. (Rural Clean Water); 43 USC 1592(c) (Colorado River Basin Salinity Control); 16 USC 3831 (Conservation Reserve). Furnishing information is voluntary and will be confidential; however, it is necessary in order to receive assistance. County: Hampshire Date: September 2001 Contract or Agreement No.: 72-1320-8-039 Name: CITY OF NORTHAMPTON Address: Town Hall, 210 Main Street Wayne Feiden, Conservation Commission Northampton, MA 01060 Progress in applying plan: WHIP 98 (Tract 3555 farm 2071) COOKE'S PASTURE Planned conservation practice is Std. 766 - Restoration and Management of Natural Ecosystems - Early Successional Grassland. Treatments proposed in contract include: Item A - Brush Hogging of 15 ac (Fl) in 1999, Item B - Soil Amendment on 15 ac (F1) in 1999, and . Item C - Delayed Mowing of 15 ac (F1) in 1999, 2000 and 2001. To date, Items A, B and delayed mowing of F1 in 1999 and 2000 (Item C) have been completed and landowner received payment. Revision of plan or modification of contract needed: None needed. Need for technical assistance: Check on delayed mowing when completed. Land is still under the control of the participant: Yes x No &A. -54xl't.- sue. Signed District Conservationist or Administering Agency zejezzl Participant G 1 i `f 5 CGS°!