TR-86-36 001 Resolution No. TR-86-36
002 A Resolution Authorizing the Order of Taking Under The
003 Authority of Section 14 of Chapter 40 and of Chapter 79 of the
004 General Laws For The Sheri Lane Storm Drain Extension
005 WHEREAS, In the interest of the public's safety, health, and
I 006 welfare, it is necessary to extend the Sheri Lane drainage outfall to a
007 natural outlet into Threemile Brook; and
008 WHEREAS, The Planning Board was able to secure funds from the
009 bonding company in the amount of $35,000 to complete the storm-drain
010 system; and
011 WHEREAS, It is necessary to extend the pipe across private
012 property; and
1 013 NOW THEREFORE BE IT RESOLVED:
014 That the Town Council of the Town of Agawam adopt the Order of
015 Taking-Easements-Storm Drain--Sheri Lane Storm Drain Extension, Town of
016 Agawam, Massachusetts under the authority of Section 14 of Chapter 40
017 and of Chapter 79 of the General Laws and of all acts in addition thereto
018 and in amendment thereof, and of all power and authority the Town Council
019 hereto enabling, and an appropriation of money having been duly made for
020 the purpose by a two-thirds vote of the Town Council, permanent easements
021 in the following described parcels of land within the limits of the Town
022 of Agawam, for the purposes of a common storm drain, with all necessary
023 manholes and appurtenances, and alterations of grades and slopes, within,
024 through and upon the land hereinafter described, together with the right
025 to enter upon said land and inspect, repair, maintain and improve said
026 storm drain, including the right to cut, trim and remove any and all trees
027 and shrubbery located on land within said easements be and hereby are
028 taken.
' 029 Said easements being shown on one (1) plan sheet (Sheet 1 of 1)
030 entitled:
031 Plan of Easement Acquired
032 by the
033 Town of Agawam, Massachusetts
' 034 For Storm Drains
035 Sheri. Lane Storm Drain Extension
036 Tighe & Bond Consulting Engineers
' 037 Easthampton, Massachusetts
038 Date: July 16, 1986 Sheet 1 of 1
1 039 and being more particularly described as follows:
040 Parcel No. 1
041 A permanent easement of varying width on land N/F of Anthony and Sophie
042 Egnatowich for the purposes of a storm drain.
043 Beginning at an iron pin in the property line dividing land of said
044 Egnatowich and land N/F of Evelyn F. Blair, said point located S 08 -471-
o 045 00" W two hundred fifty-two and sixty hundredths (252.60) feet from an
046 iron pin in the center line of Day Street at said street's end;
o
047 thence, N 08 -47'-00" E two hundred seven and sixty hundredths (207.60)
048 feet to a point;
r o
049 thence, N 64 -24'-11" E one hundred fifteen and twelve hundredths (115.12)
050 feet to a point on the southerly boundary of a thirty (30) foot wide ease-
' 051 ment to the Town of Agawam for purposes of a sanitary sewer and storm
052 drain and recorded in Hampden County Registry of Deeds Book 5596, Page 68,
053 Ulan Book 216, Pages 10-15;
r 054 thence, 5 81 o-13'-00" F nineteen and eighty-four hundredths (19.84) feet
055 along the southerly side of said existing easement to a point on the
056 property line dividing land of said Egnatowich and land N/F of Fether,
057 Inc. , said point also being the northwesterly point of Parcel No. 2
058 described hereinafter;
r059 thence, southwesterly on a curve to the left of radius two hundred twenty--
060 five (225) feet a curved distance two hundred fifty-three and two
061 hundredths (253.02) feet to a point along last said dividing line, said
062 point being the point of tangency;
r °
053 thence, S 02 -54'-10" W fifty-seven and ninety hundredths (57.90) feet to
064 a point in the northerly property line of said Blair, said point also
065 being the southeasterly corner of land of said Egnatowich and a westerly
066 corner of land of said Fether, Inc. ;
0
067 thence, N 81 -13'-00" W fourteen and thirty-five hundredths (14.35) feet
068 to the point of beginning;
069 and containing 0.119 acres of land;
070 and shown Parcel No. 1 on said plan sheet 1 of 1;
' 071 Parcel No. 2
072 A permanent easement of varying width on land N/F of Fether, Inc. for the
073 purposes of a storm drain.
074 Beginning at a point on the property line dividinng land N/F of Anthony
075 and Sophie Egnatowich and land of said Fether, said point also being
076 along the southerly side of an existing thirty (30) foot wide easement
077 to the Town of Agawam for the purposes of a sanitary sewer and storm drain
078 and recorded in Hampden County Registry of Deeds Book 5596, Page 68, Plan
079 Book 216, Pages 10-15; said point also being located ninety-four and
080 eighty-four hundredths (94.84) feet from the intersection of the southerly
081 side of said easement with Day Street and described as the northwesterly
082 point of Parcel No. 2 in the aforementioned description of Parcel No. 1;
0
083 thence, S 81 -13'-00" E ten and forty hundredths (10.40) feet along the
084 southerly side of said sanitary sewer and storm drain easement to a point;
o
085 thence, N 78 -57'-12" E fifty-one and forty-three hundredths (51.43) feet
086 along the southerly edge of said sanitary sewer and storm drain easement
087 to a point;
0
088 thence, S 64 -24'-11" W one hundred sixty and fifty-seven hundredths
089 (160.57) feet to a point along the property line dividing land of said
090 Egnatowich and land of said Fether, Inc;
091 thence, on a curve to the right of radius two hundred twenty-five (225)
092 feet a curved distance of one hundred four and eighty-seven hundredths
093 (104.87) feet along last said dividing line to the point of beginning;
094 and containing 0.042 acres of land;
095 and shown as Parcel No. 2 on said plan sheet 1 of 1;
096 Parcel No. 3
097 A permanent easement of varying width on land N/F of Fether, Inc. for
098 purposes of a storm drain.
099 Beginning at a westerly corner of said land of Fether, Inc. , said point
100 being on the northerly property line of land N/F of Evelyn F. Blair and
101 at the southeasterly corner of land N/F of Anthony and Sophie Egnatowich;
' o
102 thence, N 02 -54'-10" E fifty-seven and ninety hundredths (57.90) feet
103 along the property line dividing land of said Egnatowich and land of said
104 Fether, Inc. ;
105 thence, northeasterly along a curve to the right of radius two hundred
106 twenty-five (225) feet a curved distance of one hundred sixteen and sixty
107 hundredths (116.60) feet along last said dividing line to a point;
0
108 thence, S 06 -07'-29' W one hundred seventy-one and sixty-eight hundredths
109 (171.68) feet to a point on the property line dividing land of said Blair
110 and land of said Fether, Inc. ;
o
111 thence, N 81 --13'-00" W twenty and no hundredths (20.00) feet to the point
112 of beginning;
113 and containing 0.072 acres of land;
114 and shown as Parcel No, 3 on said plan sheet 1 of 1;
115 Parcel No. 4
' 116 A permanent easement thirty (30) feet wide on land N/F of Evelyn F. Blair
117 for purposes of a storm drain.
' r
119 said point being the southwesterly corner of land N/F of Anthony and
120 Sophie Egnatowich;
0
121 thence, S 81 -13'-00" E fourteen and thirty--five hundredths (14.35) feet
122 along the property line dividing land of said Blair and land of said
123 Egnatowich to a point;
0
124 thence, S 81 -13'-00" E twenty and no hundredths (20.00) feet along the
125 property line dividing land of said Blair and land N/F of Fether, Inc. to
126 a point;
o
127 thence, S 06 -07'-29" W thirty and no hundredths (30.00) feet to a point;
o
128 thence, N 81 -13'-00" W thirty-four and thirty-five hundredths (34.35)
129 feet to a point;
o
130 thence, N 06 -07'-29" E thirty and no hundredths (30.00) feet to the point
131 of beginning;
132 and containing 0.024 acres of land;
133 and shown as Parcel No. 4 on said plan sheet 1 of 1.
134 The Owners to whom interest in the land included within said easements is
135 said now or formerly to belong, and the appraised values of takings are
136 as follows:
137 Plan Sheet 1 of 1
138 Parcel No. 1 Anthony & Sophie Egnatowich $1,500
139 Deed Book 3717, Page 74
140 Parcel No. 2 Fether, Inc. $1,000
Deed Book 6125, Page 364
141 Parcel No. 3 Fether, Inc. $1,000
Deed Book 6125, Page 364
142 Parcel No. 4 Evelyn F. Blair $ 100
Deed Book 3722, Page 93
143 That the right to said damage shall be vested upon the recording of this
144 order as required by law, and said damage shall be payable according to
145 law.
146 That the Town Treasurer be and hereby is authorized to pay said sums to
147 the owners of the land as specified below, or their heirs, executors,
148 administrators, successors, or assigns, when the said sums shall become
149 payable as provided by law. Said sums shall be paid from the funds
150 acquired from U.S. Fidelity & Guarantee Company for the purpose of com-
151 pleting the Sheri Lane Storm Drain, in accordance with Executive Order
152 86-5.
153 Sheet 1 of 1
.� ' 154 That to the owners of Parcel No. 1 as described herein (supposed to belong
155 to Anthony and Sophie Egnatowich) there be awarded damages sustained in
156 property by reason of the taking of said easement the sum of $1,500.
157 That to the owners of Parcel No. 2 as described herein (supposed to belong
158 to Fether, Inc. ) there be awarded damages sustained in property by reason
159 of the taking of said easement the sum of $1,000.
160 That to the owners of Parcel No. 3 as described herein (supposed to belong
161 to Fether, Inc. ) there be awarded damages sustained in property by reason
162 of the taking of said easement the sum of $1,000.
163 That to the owners of Parcel No. 4 as described herein (supposed to belong
164 to Evelyn F. Blair) there be awarded damages sustained in property by
165 reason of the taking of said easement the sum of $100.
166 That the Town Clerk within 30 days after passage of this order, certify
167 and cause to be recorded in the Registry of Deeds for Hampden County, a
168 copy hereof in compliance with Chapter 79 of the Massachusetts General
169 Laws.
170 That i,mriediately after the rights to damages become vested, the Town
171 Clerk, in the name, and on behalf of the Town Council, shall give notice
172 to every person entitled thereto according to the provisions of said
173 Chapter 79.
174 Adopted by the Agawam Town Council on the day of , 1986
175 on a call of the roll of the yeas and nays,
176 Yeas Na s Absent
177
178 Attest;
179
180 DATED THIS DAY OF Qrfnb= _ _r 1986.
181 PER ORDER OF THE AGAWAM TOWN COUNCIL
182 Andrew Ga11 o President
183 Agawam Town Council
184 APPROVED AS TO FORM AND LEGALITY
165 Town Solicitor
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