AD-Saw Mill Hills Greenway-Sawmills Realty TrustSPR Central Register Real Property Submit Confirmation Page 1of1
··-------State Publications and Regulations
William Francis Galvin, Secretary of the Commonwealth
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The following Real Property submission was successfully
received.
Agency Name
and Address:
!Project Number:
Proposal
Deadline Date:
Name:
Phone:
Email Address:
Transaction
Terms:
Project:
Estimated
Value, Source
of Valuation
Additional
Information
Planned date of publish is 2/16/2011
Awarding Agency
Office of Planning and Development City of
Northampton 210 Main Street, Room 11
Northampton, MA 01060
3/18/2011 Time:
Contact Information
Wayne Feiden, FAICP
413-587-1265 Fax
wfeiden@northamptonma.gov
112:00 noon
11413-587-1264
Notify email address listed when final publish date assigned.
Contract Information
Acquisition: Purchase
Disposition: Not Chosen
Purchase 22.137 acres of land, with all of the funds being used to pay off
back taxes, interest, and penalties on the land
@24,305 based on assessed value and comparable sales
This is a unigue property being purchased from the Saw Mill Hills
Realty Trust, c/o 31 Tara Circle, Florence, MA 01062. It will be added to
the adjacent Saw Mill Hills Conservation Area and will link that
conservation area Gregory Lane and Matthew Drive, Florence, for the
first time.
This page can be printed for your records.
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http://www.sec.state.ma.us/sprpublicforms/RPSubmitConfirmation.aspx?ID= 11906 2/4/2011
CONTRACT NUMBER:# ______ _
BUDGET CODES: 3100931-593120-10
VENDOR NUMBER:
~~~~~~~~~-
OPTION FOR PURCHASE OF LAND
This Option made by and between the Saw Mill Hills Realty Trust with a mailing address of c/o
George Danziger, 31 Tara Circle, Florence, MA 01062 (OPTIONOR); and
The City of Northampton, with a mailing address of ATTN: Wayne Feiden, Office of Planning
and Development, 210 Main Street, Room 11, Northampton, MA 01060, a Massachusetts
municipal corporation or its assigns (OPTIONEE or CITY).
For and in consideration of the Sum of One Dollar ($1.00), the receipt and sufficiency of which
is hereby acknowledged, the Optionor hereby grants to the Optionee an exclusive right and
option to purchase the a portion of the Open Space adjacent to and related to the Saw Mill Hills
Subdivision, Tara Circle, Matthew Drive, and Gregory Lane, in the Florence section of
Northampton (LAND), more particularly shown on the attached plan and described as follows:
1. 12.837 ±acres being all of Assessors Map ID 29-487 (shown in yellow on the plan).
of Assessors Map ID 29-551
ill
2. 5.8 ± acres being a portion /'I
(shown in grey on the plan), -'k'ff..'l;i,:;•1""
being land located in a ,:-.:19;.~~ /,liJiB
northerly and northwesterly
direction from land of Kiva
Corporation and NOT
including any of the land
between Matthew Drive and
the Northampton Revolver
Club.
3. 3.5 ± acres being a portion
of Assessors Map ID 29-552
(shown in red on the
attached plan), starting from
a line parallel to the
northerly edge of the homes
off of Gregory Lane and extending northwesterly, northerly, and easterly of that line, as
shown on the plans PLUS the small area shown in red northerly and northwesterly of the
northwesterly side of the northwesterly most lot on Gregory Lane.
Purchase Price and Terms.
The purchase price for the LAND shall be $24,305 (based on the following):
$12,800 for Map ID 29-497
$4,315 for the portion of Map ID 29-552
$7,190 for the portion of Map ID 29-551
The Optionor agrees that upon payment of the purchase price, Optionor shall execute and deliver
to the Optionee a good and sufficient grant of a quit claim deed running to the Optionee free of
any liens and encumbrances, other than encumbrances of record which do not materially affect
the value or intended use of the LAND, and free of tenants and occupants and in a form
acceptable to the City of Northampton. The Optionees understand and covenant that this will
require that the optionees payback the amount of back taxes, interest and penalties due on the
property over and above what the City is paying (being as of January 31, 2011 $5,757).
If Optionor cannot convey the LAND free of encumbrances as provided for herein, Optionee may
still elect to purchase the LAND. If Optionee elects to acquire the LAND by eminent domain to
clear title, in accordance with the terms of this option, Optionor shall agree to waive any rights to
contest the taking or the award, provided (a) the price paid is not less than the option price
contained herein; (b) the LAND is taken prior to the expiration of this option or any extensions
which may be agreed upon; and ( c) all other agreements, representations and warranties made by
the Optionee under this Option remain applicable and in full force.
All of the land purchased by the City will be added to the Saw Mill Hills Conservation Area and
forever protected as conservation land.
Closing.
The Optionee shall exercise this option on or before September 15, 2011, but if the Option is not
exercised by that date, this Option shall expire and be null and void. Both parties agree that the
closing shall be held as soon as possible at the Registry of Deeds of Hampshire County, unless
some other time and place shall be mutually agreed upon in writing. The Option shall be
exercised by mailing, certified mail, or hand delivering written notice of Optionee's intent to
exercise this Option to Optionor' s address listed above, said mailing to occur on or before said
date. The Optionee may assign its rights and obligations under this Option upon giving written
notice of such assignment to Optionor.
Optionor and Optionee agree that this Option shall be recorded in the Hampshire County
Registry of Deeds.
Right of Entry.
During the term of this Option, the Optionee and the Optionee's authorized agents shall have the
right to enter upon the Land for any and all purposes consistent with surveying, inspection,
testing, measurement, permit applications, vernal pool certifications, or other considerations of ·
Optionee relating to the use of the Land, including such limited cutting of trees and brush as are
needed to allow measurements. Optionor hereby grants the Optionee permission to apply for any
necessary permits and approvals necessary for the Optionee's reuse of the property.
Non-Exercise of Option.
In the event this Option is not exercised in accordance with the terms herein contained, the
consideration paid simultaneously with the execution hereof shall be forfeited by the Optionee to
the Optionor and shall be liquidated damages to the Optionor. Such forfeiture, together with any
other benefits accruing to Optionor under the terms of this Option shall preclude the imposition
ofliability at law or in equity against either party and no further obligation hereunder; and the
Option granted herein shall expire without the necessity of any further action or recording by
either party. The Optionor agrees not to cut timber on the property or remove any minerals
during the terms of this Option without the prior written approval of the Optionee.
No Broker.
Optionee represents and warrants that it did not hire or enter into any agreement with any real
estate broker or any other person who could be entitled to a real estate commission with respect
to the transactions contemplated herein. Optionor represents that he did not hire or enter into any
agreement with any real estate broker or any other person who could be entitled to a real estate
commission with respect to the transactions contemplated herein.
Hazardous Materials.
Optionor represents and warrants that to the best of his knowledge and belief, there are no
underground storage tanks on the LAND, or any release or threat of release of oil or hazardous
materials on the LAND, as these terms are defined by M.G.L. c.21E. However, Optionor is
unaware, and hereby disclaims responsibility for the actions of any prior owner or owners in the
chain of title or any other party responsible for such disposal prior to Optionor' s tenure of title.
This provision shall survive the closing.
Entire Agreement.
This Option contains each and every agreement and understanding existing between the parties
relating to the subject matter hereof and supersedes all previous negotiations, representations,
commitments and writings. Any changes, modifications or additions to this Option shall be in
writing and signed by Optionor and Optionee. Except as specifically set forth herein, each party
shall bear all its own costs of this transaction, including without limitation legal fees and if the
Optionee desires a new survey, Optionee shall pay such surveying costs. ·
Governing Law.
This Option shall be construed under the laws of the Commonwealth of Massachusetts and shall
insure to the benefit of and bind the parties and their respective heirs, executors, administrators,
personal representatives, successors and assigns.
IN WITNESS WHEREOF,~ Optionee have executed this Option as a sealed
instrument this ~day of 2011.
Option or: on behalf of Saw Mill Hills Realty Trust board of trustees:
Tax Compliance Certification
Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I
have, to my best knowledge and belief, complied with the law of the Commonwealth relating to
taxes, reporting of employees and contractors, and withholding and remitting child support.
I further authorize the City of Northampton to deduct from the amounts due under this contract,
any overdue taxes, real or personal, or any other fees due to the City of Northampton from the
vendor which become due and payable by the vendor or its officers, directors or agents during
the term of this contract or until the final amounts due under this contract are paid in full.
The vendor does have a Northampton office and there are Northampton real estate taxes due, but
this contract is designed to address those taxes.
o'f-G63 9 ris-Jdt!J
2 31 r22 vt-?&t
Social Security Number or taxpayer ID
' .,
City of Northampton, Optionee:
~~ ~-·
Wayne Feiden, Director of Planning and Development
cer, as to procurement and form
Ma
KATHRYN LUSSIER
REAL PROPERTY TITLE ABSTRACTS
163 Powell Avenue, Springfield, MA 01118
413-783-9577 klussier1 @verizon.net
March 26, 2011
Wayne Feiden, AICP
Director of Planning and Development
210 Main Street, Room 11
Northampton, MA 01060
RE: N/S Ryan Road
Common areas shown in Plans 157/93
Map 29-497, 29-551, and 29-552
Through 3/15/2011
01-1868
1 . ) Title is in the name of the Sawmill Hills Realty Trust, a Massachusetts business trust
dated 11 /4/1988 recorded in 3284.227, by deed dated 11 /4/1988 recorded in 3284.230.
The address listed is 266 West Farms Road, Northampton. (sh#1; Ex A)
a.) See copy of trust on sh#15+ and note the following:
b.) The original trustees were Patricia A. & James F. Boyle, sh#15B.
c.) The Boyles conveyed Common Area 1, Common Area 2 and Parcel B all as
shown in Plans 157/93 to the Sawmill Hills Realty Trust as set forth above.
(Exhibit C) Also conveyed to the trust was a perpetual easement for pedestrian
access to Parcel B over an area highlighted in yellow on Exhibit B.
d.) The Boyles resigned as trustees by an instrument dated 10/4/1989 recorded in
3509.192. (sh#18)
e.) An affidavit identifying the new trustees dated 0/4/1989 was recorded in
3509. 191. ( sh#17) No further appointments have been recorded.
Scott Weber
Steve Noiseux
Susan LaFleur
This abstract was prepared for the exclusive use of the City of Northampton. Any use by any third
party is prohibited without the written consent of Kathryn Lussier.
Continued
' ,,
d.) A declaration of trust entitled Sawmill Hills Realty Trust dated (no date) was
recorded in 4543.103 on 8/26/1994. (sh#19) This trust states the Open Land
shall be transferred to the trustees FBO the owners of lots 1-33 in 138/5-7. No
transfer by deed was made. No address was provided. This trust was executed
by the following as trustees:
Scott Weber
Frank Cwik
Geri Lavantis
2.) Locus is subject to tax takings dated 7/22/2002 as follows:
Map 29-497 r. in 6723.324, sh#20
Map 29-551 r. in 6723.325, sh#21
Map 29-552 r. in 6723.326, sh#22
3.) Locus is subject to a Declaration of Protective Covenants dated 5/511986 recorded in
2715.212. (sh#?+)
a.) See Amendments as follows: Dated 4/15/1987 recorded in 2968.202 (sh#8);
Dated 11 /4/1988 recorded in 3284.224 (sh#9); Dated 11 /18/1995 recorded in
5032.292 (sh#10).
4.) Subject to easement rights of the City of Northampton for storm water drainage and water
distribution systems dated 5/5/1986 recorded in 2715.223. ( sh#11-12)
5.) Subject to easement rights granted to NET&TCo dated 8/1111986 recorded in 2785.187.
(sh#13)
6.) Subject to easement rights granted to MEG to construct an underground electric system
dated 9/18/1986 recorded in 2827.230. (sh#14)
7.) Subject to the terms and provisions of a Notice of Subdivision Approval dated 2/13/1986
recorded in 2715.205. (sh#6)
8.) Subject to easement rights of the City of Northampton for storm water drainage and water
distribution systems dated 11/4/1988 recorded in 3289.232. (sh#16; see green
highlighting on Exhibit B)
CHAIN OF TITLE
Source Deeds
933.308 6/6/1936 Harrison & Jewell to Eleanor M. & Harvey J. sh#25
Burdo JIT; 57A WIS & N/S Hwy from Florence
to West Farms
971.497 1113/1942 Harrison & Jewell to Eleanor M. & Harvey J. sh#24
Burdo JIT
all interest in land between Sylvester, Chesterfield,
West & Spring
Harvey died on 8/11 /1951 ; Adm 709-25
Chain A
2571.347 5/3111985 Eleanor to Boyle TBE sh#4
Perimeter of 138/5-7
Chain B
2588.202 7/1211985 Eleanor to same sh#2
Lots 1 & 2 in 130/40, sh#3
3284.230 11/4/1988 Boyle to Sawmill Hills Realty Trust sh#1
a mass business trust in 3284.227