TR-86-37 001 Resolution No, TR-86-37
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 Barry Street Storm Drain
005 WHEREAS, In the interests of the public's safety, health, and
006 welfare, it is necessary to construct an outfall for the Barry Street
007 Storm drain; and
008 WHEREAS, The Town Council of the Town of Agawam appropriated $88,000
009 on Tune 21, 1982 and said funds have been carried forwarded and are
010 available for this Order of Taking;
I Oil WHEREAS, It is necessary to install an outfall pipe across private
012 property on the south side of Barry Street to the east of #551 on
013 property of Kogut Nursery; and
' 014 NOW THEREFORE BE IT RESOLVED:
015 That the Town Council of the Town of Agawam adopt the Order of
' 016 Taking-Storm Drain Easement-Barry Street-Town of Agawam, Massachusetts
017 under the authority of Section 14 of Chapter 40 and of Chapter 79 of the
016 General Laws and of all acts in addition thereto and in amendment thereof,
019 and of all power .and authority the Town Council hereto enabling, and an
020 appropriation of money having been duly made for the purpose by a two-
021 thirds vote of the Town Council, a permanent easement in the following
022 described parcel of land within the limits of the Town of Agawam, for the
023 purpose of a common storm drain, with all necessary manholes and
024 appurtenances, and alterations of grades and slopes, within, through and
025 upon the land hereinafter described, together with the right to enter upon
026 said land and inspect, repair, maintain and improve said storm drain,
027 including the right to cut, trim and remove any and all trees and
026 shrubbery located on land within said easements be and hereby are taken.
029 Said easement being shown on one (1) plan sheet recorded in the
030 Hampden County Registry of Deeds, Book of Plans , Page ,
031 entitled:
032 Town of Agawam
033 Massachusetts
034 Department of Public Works
' 035 Plan of Easements
036. Acquired by The r
037 Town of Agawam
038 Barry Street Drainage
039 Date: February 11, 1986 Scale: 1" = 80'
040 and being more particularly described as follows:
041 Parcel No. 1
042 A permanent easement thirty (30) feet wide on land N/F of Kogut North
043 Farms Nursery for purposes of a storm drain.
044 Beginning at an iron pin in the southerly line of Barry Street, said point
045 being the northeasterly corner of land N/F of Stephen J. and Mary Jo
046 Christy;
1
047 Thence, S 64 -06'-18" E thirty and two hundredths (30.02) feet along the
048 southerly line of Barry Street to a point;
0
049 Thence, S 23 -38'-55" W three hundred ninety seven and thirty one
050 hundredths (397.31) feet to a point;
0
051 Thence, S 77 -16'-15" W thirty seven and twenty six hundredths (37.26)
052 feet to an iron pin in the easterly line of land N/F of Paul, Jr. and
053 Elizabeth Lagasse;
o
054 Thence, N 23 -38'-55" E four hundred twenty and fifty six hundredths
055 (420.56) feet along the easterly property lines of said Lagasse and said
058 Christy to the point of beginning; and containing 0.282 acres of land;
059 And also a temporary easement for construction purposes twenty (20) feet
060 in width, adjacent to the easterly sideline of the above described
061 permanent easement, said temporary easement to terminate one year after
062 the completion of the Barry Street Storm Drain Project.
063 The owners to whom interest in the land included within said easement is
064 said now or formerly to belong, and the appraised value of taking is as
065 follows;
' 066 Parcel No. 1 Kogut North Farms Nursery $ 5,000
067 Land Court Certificate No. 22139
' 068 That right to said damage shall be vested upon the recording of this
069 order as required by law, and said damage shall be payable according to
070 law.
071 That the Town Treasurer be and hereby is authorized to pay said sum to the
072 owners of the land as specified below, or their heirs, executors,
073 administrators, successors, or assigns, when the said sums shall become
074 payable as provided by law. Said sums shall be paid from the
075 appropriation of $88,000 voted by this Town Council on June 21, 1982.
' 076 That to the owners of Parcel No. 1 as described herein (supposed to belong
� 077 to Kogut North Farms Nursery) there be awarded damages sustained in
078 property by reason of the taking of said easement the sum of $ 5,000
079 That the Town Clerk within 30 days after passage of this order, certify
080 and cause to be recorded in the Registry of Deeds for Hampden County, a
081 copy hereof incompliance with Chapter 79 of the Massachusetts General
' 082 Laws.
083 That immediately after the rights to damages become vested, the Town
084 Clerk, in the name, and on behalf of the Town Council, shall give notice
085 to every person entitled thereto according to the provisions of said
086 Chapter 79.
087. Adopted by the Agawam Town Council on the day of , 1986 on
088 a call of the roll of the yeas and nays.
089 Yeas Es Absent
090
091 Attest:
092
093 Richard M. Theroux, Town Clerk
094 DATED THIS 14th DAY OF October 1986.
095 PER ORDER OF THE AGAWAM TOWN OOUNCIL
096 Andrew Gallano, Px-6sident
097 Agawam Town Council
098 APPROM..AS TO FORM AND LEGALITY
✓r1�
099 �r
100 Toeilicitor
tsmr
1