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TR-85-5 RESOLUTION NO." 85-5 ' A RESOLUTION AUTHORIZING THE TOWN MANAGER ON BEHALF OF THE TOWN OF AGAWAM TO GRANT A DRIVE- WAY AND UTILITY EASEMENT TO RALPH DEPALMA, JOSEPH PACELLA, AND NICHOLAS DEPALMA, OWNERS, FOR THE ' COMMUNITY SHOPS IN FEEDING HILLS CENTER, ' WHEREAS, T A5, In response to a request far an easement from the own of ' Agawam to the owners of the Community Shops in Feeding Hills Center, Ralph Do- Palma, Joseph Pacella and Nicholas DePalma; and, ' WHEREAS, Said easement would be advisable in the interests of public safety and the Town of Agawam for access and egress, and utilities. ' NOW, THEREFORE, BE IT RESOLVED by the Town Council that the Town Manager be authorized to grant a driveway and utility easement to Ralph De- Palma, Joseph Pacella and Nicholas DePalma, owners, for the Community Shops 10in Feeding Hills Center, Feeding Hills, Massachusetts. A copy of said driveway and utility easement is attached hereto. ' DATED this Fifth day of August 1985. ' Donald M. Rheault, Town Council President Approved as to Form: ' Anthony Bonavita, Esquire Town Solicitor ' 8/9185 Distribution: Original to Town Clerk for official filing; cc-Council Clerk & cc-Town Clerk TOWN OF AGAWAM INTER-OFFICE MEMORANDUM FROM: John P. Stone, Supt DPW DATE: June 25, 1985 ;O: Reid S. Charles, Town Manager SUBJECT: Easement-Business A Property - Feeding Hills Center ' I have discussed the subject easement with Solicitor Bonavita and redrawn the easement encorporating the driveway control, a plan reference, and a detailed ' discription. I have sent a copy of the easement to the grantee and they have indi- cated their approval . This matter is now ready to be brought before the Council for approval to grant the easement.I suggest the following agenda wording: Approval Grant of driveway and utility easement - Community shops. ' The motion should be as follows. . " That the Town Manager be authorized to grant a driveway and utility easement to Ralph DePalma, Joseph Pacella and Nicholas DePalma owners and developers of the Community Shops in Feeding Hills Center. Said easement being bounded and described as follows: ' Beginning at a point on the southerly line of Springfield Street at the northwesterly corner of land taken by the Town of Agawam under instrument dated October 30, 1967, and recorded in Hampden County Registry of Deeds, Book 3303, Page 420, formerly land of Hartford and Connecticdt Western Railroad Company; Thence running S 89004130" E along the southerly sideline of Springfield Street a distance of thirty-six and 94/100 (36.94) feet to a point; Thence running S 00055130" W along land of the Town of Agawam a distance of four and 13/100 (4.13) feet to a point; Thence running N 82040136" W along land of said DePalma, Pacella and Depalma a distance of thirty-seven and 17/100 (37.17) feet to the point of beginning and ' containing some seventy-six (76) square feet of land. particularly shown and - described on a plan entitled: t� ' SITE PLAN FOR Community Shops ' AGAWAM, -MASSACHUSETTS SCALE: 1 IN. 30 FT. JUNE 1984 C. E. ANDERSON ASSOCIATES EAST LONGMEADOW, MASSACHUSETTS Said Plan beingon file in the Office of the Town of Agawam, Department of Public Works. 1 This easement has been requested by the Developer of the shopping center in order to provide adequate and safe access and egress from the development. Busi- ness A zone has no minimum frontage requirement for this type of use. Due to this fact, the development is going forth on this nearly 2 acre site with only some 13 ' feet of frontage. The parcel ended up with this small frontage due to an acquisition made years ' ago by the Hartford and Connecticut Western Railroad to enable them to construct an overpass for Springfield Street. We recommend that this 37 foot wide easement be granted abutting the existing ' frontage so that standard commercial driveway entrances with adequate turning radii can be provided this develpment. Without the easement traffic on Springfield Street would be adversely effected by vehicles attempting to enter and exit from the narrow ' drive otherwise allowable. I am enclosing a copy of the easement document and plan for informational ' purposes. t ' John P. Stone, up DPW ',,�JPS/gb TOWN OF AGAWAM SPRINGFIELD STREET DRIVEWAY AND UTILITY EASEMENT i i IThe Town of Agawam, a municipal corporation, having its principal office at � 36 Main Street, Agawam, Hampden County, Massachusetts, grants to RALPH DEPALMA of 19 Colony Lane, Agawam, Massachusetts and JOSEPH A. PACELLA of 46 Brittany ; Road, Longmeadow, Massachusetts and NICHOLAS .DEPALMA of 39 White Birch Terrace,; Agawam, Massachusetts with quitclaim covenants an easement for the purpose of t the installation, operation and maintenance of a commercial driveway in con- formance with the Agawam Department of Public Works requirements and also for the purpose of the installation, operation and maintenance of public utility services and connections over the following described piece of real estate: 1 Certain real estate situated in Agawam, Hampden- County, Massachusetts bounded i and described as follows: iRi Beginning at a point on the southerly line of Springfield Street at the north- westerly corner of land taken by the Town of Agawam under instrument dated 4 October 30, 1967, and recorded in Hampden County Registry of Deeds, Book 3303, ' Page 420, formerly land of Hartford and Connecticut Western Railroad Company; Thence running S 890 04' 30" E along the southerly sideline of Springfield Street;a distance of thirty-six and 94/100 (36.94) feet to a point; it Thence running S 000 55' 30" W along land of the Town of Agawam a distance • of four and 13/100 (4.13) feet to a point; ca V Thence running N 820 40' 36" W along land of said DePalma, Pacella and DePalma a distance of thirty-seven and 17/100 (37.17) feet to the point of beginning and containing some seventy-six (76) square feet of land. �Ll Said easement is more particularly shown and described on a plan entitled: M SITE PLAN FOR 11 COMMUNITY SHOPS AGAWAM, MASSACHUSETTS b it SCALE: 1 IN. = 30 FT. JUNE 1984 It C. E. ANDERSON ASSOCIATES 1 EAST LONGMEADOW, MASSACHUSETTS Said plan being on file in the Office of the Town of Agawam, Department of ' f Public Works. �i IN WITNESS WHEREOF the said Town of Agawam has caused these presents to be i executed in its behalf by Reid S. Charles, its duly authorized Town Manager this 13th day of August 1985. TOWN OF AGAWAM By. eid Charles Approved as to forrm Anthon�,yy . onavita, Esq. ` Town . 1, COMMONWEALTH OF MASSACHUSETTS Hampden, ss. C 1985 Then personally appeared the above named Reid S. Charles, Manager of the Town of Agawam and acknowledged the foregoing instrument to be the duly authorized act and free act and deed of the Town of Agawam, before me, I f Notary Public i My Commission Expires: / % rill Ivvf- 1ELO.36.V STREET i 89.04' O"E .Eaad nee t fl o8 Lf .�— ! !O t r 41 i a D 3 y a 0 r • � o "�..K.Apw h } N '990 29 r�W ��DO.:40' �..�+�.... - This Plan Prepared In accordante TAJs Plan dots not eflnsf.rult n snDdrr�s en,fnertfo•s ep,�ro.el with Ih! rule! and regulations of �ndtr Mt 50d'res:on Confroi the pegislrY tit +Deeds, i ,� Los is not rtouirtd. Dole r:�—� Gale A-.:— ��- — SITE PLAN FOR Aporom P/onninq Board ► :=..�M��t1 iii� i�,s; COMMUNITY S H O Rs !�'i�"�' ►:. '' AGAWAM MASSACHUSETTS - 1,.tiy. .,4� �. f-` SCALE: I In. O Ft JUNE, 1984 -- � F N N r l!T�t I AT NX