TR-86-12 cu,
001 RESOLUTION TR 86-12 Jlpc
02 A Resolution Authorizing an Order of Taking Under the Authority ��y'�•
03 Of Section 14 of Chapter 40 and of Chapter 79 of the General Laws
004 For the Storm Drain outfall on Autumn Street, Agawam, Ma.
005 WBEREAS, In the interest of public's safety, health, and welfare,
006 it is necessary to install a drainage system to alleviate flooding on
007 Forrest Road; and,
008 'WHEREAS, The Town Council has appropriated a sum of $132,000 for
009 such drainage construction; and
010 WHEREAS, It is necessary to install an outfall pipe across private
011 property between Autumn Street and the Connecticut River to install said
012 storm drain;
013 NOW THEREFORE, The Town Council of the Town of Agawam hereby
014 authorizes an Order of Taking under the authority of Section 14 of
015 Chapter 40 and of Chapter 79 of the General Laws for easements for the
016 storm drain outfall on Autumn Street, Agawam, MA as indicated on the
017 attached Order of Taking.
018 DATED THIS _ DAY OF �'� , 1986.
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019 Midrew C. Gallan
020 Town Council President
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021 Approv d as to form and legality
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' 022 Town Solicitor
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ORDER OF TAKING
TOWN OF AGAWAM, MASSACHUSETTS
AUTUMN STREET s
STORM DRAIN EASEMENTS
In the Town Council
ORDERED; under the authority of Section 14 of Chapter 40 and of
Chapter 79 of the General Laws, and of all acts in addition thereto and in
amendment thereof, and of all power and authority the Town Council hereto
enabling, and an appropriation of money having been duly made for the purpose
by a two-thirds vote of the Town Council , permanent and temporary easements in
the following described parcels of land within the limits of the Town of Agawam,
for the purpose of a proposed storm drain, with all necessary headwall, man-
holes and appurtenances, and alterations of grades and slopes, within, through ,
and upon the land hereinafter described, together with the right to enter in-
cluding the right to cut, trim and remove any and all trees and shrubbery lo-
cated on land within said .easements be and hereby are taken:
Said easements being shown on a single plan sheet entitled:
C Proposed Drainage Easement
Through Land of
Richard R. Foley & Frederick L. Rabideau I
Town of Agawam, Mass.
Engineer: Luchs & Beckerman
375 Walnut St. Ext.
Agawam, Puss.
Scale: 1"=20' July 1985
and being more particularly described as follows:
i Parcel No. 1
A permanent easement on land N/F of Frederick L. Rabideau.
I
Beginning at an iron pin on the easterly line of Autumn Street, said
iron pin being the northwest corner of land N/F of Richard R. Foley and the
southwest corner of land N/F of Frederick L. Rabideau;
. E Thence, S5602813011E a distance of one hundred seventy-two (172"') feet
more or _ less- along land of said Foley to a point at the westerly side of
the Connecticut River.
I
VI Thence, northeastgrly along the westerly side of the Connecticut River a
distance of twenty (20-) feet more or less to a point;
Thence, N56028'30"W a distance of sixty (60t-) feet more or less through
land of said Rabideau to a point;
Thence N33031130"E a distance 'of five and no hundredths (5.00) feet
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through land of said Rabideau to a point;
Thence, N53055'10"W a distance of one hundred twelve and no hundredths.
{ (112.00) feet through land of said Rabideau to a point on the easterly line
of Autumn Street;
. Thence, S28002"00"W a distance of thirty and fourteen hundredths (30.14)
feet along the easterly line of Autumn Street to the point of beginning;
and containing 0.10+- acre more or less of land,
((i. Parcel No. 2�
4 A temporary easement,.far construction purposes on land N/F of Richard R.
fele , said construction easement being ten (10) feet in width and parallel
to the northerlyline-of land of said Foley- and. running from the easterT line i
Y 9 Y,.
!' of Autumn Street to the westerly side of the Connecticut River;
and containing 0.04t acre more or less of land.
The Owners to whom the interest in the land included within said
easements is said now or formerly to belong, and the appraised values
of the takings are as follows:
Parcel No. 1 Frederick L. Rabideau $ 2,500.00
Deed Book 3499 Pg. 363
Parcel No. 2 Richard R. Foley $ 100.00
Deed Book 4966 Pg. 61
That rights to said damage shall be vested upon the recording of this
order as required by law, and said damage shall be payable according to law.
iThat the Town Treasurer be and hereby is authorized to pay said
sums to the owners of the land as specified below, or their heirs, executors,
administrators, successors, or assigns, when the said sums shall become pay-
able as provided by law. Said sums shall be paid. from the appropriation of
$132 000.00 -. voted by this Town Council on June 6, 1983.
!' That to the owners of Parcel No. 1 as described herein (supposed to
belong to Frederick L. Rabideau) there be awarded damages sustained in property)
by reason of the taking of said easement the sum of $2,500.00
That to the owner of Parcel No. 2 as described herein (supposed to be-
long to Richard R. Foley)there be awarded damages sustained its property
j. by reason of the taking of said easement the sum of $ 100.00
Adopted by the Agawam Town Council on the day of
1986 on a call-'of the roll of the yeas and nays k
3 i Yeas Nays Absent
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1� Attest: �
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Richard M. Theroux, Town Clerk3
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