TR-88-25 TIGNS
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1 Resolution No. TR-88-25
2 A Resolution Authorizing The Order of Taking
3 Under The Authority of Section 14 of Chapter 40
4 and of Chapter 79 of The General Laws for
5 The Phase IV Sanitary Sewer Project
6 F
7 WHEREAS, in the interest of the public's safety, health and welfare, +�
8 it is necessary to construct the Phase IV Sanitary Sewer Project and May
9 Hollow Pumping Station; and
10 WHEREAS, the Town Council has appropriated $3,520,000 for the Phase
11 IV Project; and
12 WHEREAS, it is necessary to install portions of the Phase IV Sani-
13 tary Sewer System across private property;
14 NOW THEREFORE HE IT RESOLVED:
15 That the Town Council of the Town of Agawam adopt the Order of
16 Taking - Phase IV Sanitary Sewer Project, and that under the authority of
17 Section 14 of Chapter 40 and of Chapter 79 of the General Laws, and of
18 all acts in addition thereto and in amendment thereof, and of all power ,
19 and authority the Town Council hereto enabling, and an appropriation of
20 money having been duly made for the purpose by a two-thirds vote of the
21 Town Council, a permanent easement in the following described parcel of
22 land within the limits of the Town of Agawam, for the purpose of a common h
' 23 sanitary sewer, with all necessary manholes and appurtenances, and
24 alterations of grades and slopes, within, through and upon the land
25 hereinafter described, together with the right to enter including the
26 right to cut, trim and remove any and all trees and shrubbery located on
27 land within said easement be and hereby are taken;
28 Said easement being shown on a single plan sheet entitled:
' 29 Plan of Easement
30 For
31 Phase IV Sanitary Sewers
32 Town of Agawam, .Massachusetts
33 Tighe & Bond, Consulting Engineers
34 Easthampton, Mass.
35 Date: March 7, 198$ y c
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36 and being more particularly described as follows: n�
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CONSULTING ENGINEERS
37 Parcel No. 32A
' 38 A permanent easement on land N/F of Eva S. Kerr.
39 Beginning at a point in the westerly line of said land of Kerr, said
40 point of beginning being on the easterly line of land N/F of Robert W.
41 and Joyce R. Cheetham a distance of twenty-six and forty-four hundredths
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42 (26.44) feet northerly of the southeast corner of said land of Cheetham;
43 thence, S 25° -14'-10" E forty-one and thirty-one hundredths (41.31)
44 feet to the northwesterly sideline of an existing permanent sanitary
45 sewer easement acquired by the Town; .
46 thence, S 64' -45'-53" W sixty-nine and twenty-four hundredths
47 (69.24) feet along said northwesterly easement sideline to a point in the
48 westerly property line of said land of Kerr and the easterly property .s3
49 line of land NIF of Anthony Jr. and Cheryle Marciel;
50 thence, N 350 -26'-29" E eighty and sixty-four hundredths—(80.64)
51 feet along the westerly property line of said land of Kerr and the
52 easterly property line of said land of Marciel and Cheetham to the point
53 of beginning;
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54 and containing 1,460 square feet of land;
55 and shown as Parcel 32A on said plan sheet,
' 56 The Owner to whom the interest in the land included within said
57 easement is said now or formerly to belong, and the appraised value of
58 the taking are as follows:
59 Parcel No. 32A Eva S. Kerr $ 100.00
60 Deed Book 2071, Page 292
61 That rights to said damage shall be vested upon the recording of '
62 this order as required by law, and said damage shall be payable according
63 to the law,.
64 That the Town Treasurer be and hereby is authorized to pay said sum
65 to the owner of the land as specified below, or to their heirs,, execu-
66 tors, administrators, successors, or assigns, when the said sum shall
67 become payable as provided by law. Said sum shall be paid from the
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68 appropriation of $3,520,000 voted by the 'down Council on March 3, 1986. fl
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69 That to the owner of Parcel No. 32A as described herein (supposetd)to';'
70 belong`� to Eva S. Kerr) there will be awarded damages sustained in --''
71 property by reason of the taking of said easement the sun of $100.00.-V
72 That the Town Clerk, within 30 days after passage of this order, -- ;
73 certify and cause to be recorded in the Registry of Deeds for Hampdex(E]
74 County, a copy thereof in compliance with Chapter 79 of the Massachusetts -i-
75 General Laws.
L 76 That immediately after the .rights to damages become vested, the Town
77 Clerk in the name and on behalf of the Town Council, shall give notice to
78 every person entitled thereto according to the provisions of said
79 Chapter 79.
80 Adopted by the. Agawam Town Council on the day of 1988, on a
81 call of the vote of the yeas and nays.
82 Yeas Nays Absent
83
84 Attest:
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. 85
86 MATED THIS tu=tiet13 DAY OF _,Illnp. , 1988. y
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87 PER ORDER OF THE AGAWAM TOWN COUNCIL
88 l�
89 Donald M.. Rheault, President
90 Agawam Town Council
91 APPROVED AS•TO FORM
92 -
93 : Bonavita, Town Solicitor ,
94 Approved As tot _r,
95 LA3-A i
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I CERTIFY THAT THIS PLA HA BEEN PREPARED
ACCORDING TO THE RULE ND 16ULATIONS OF
THE REGISTERS OF DEEDNDERTIFY THAT
THE - PROPERTY LINES SHO 0 THIS PLAN ARE
THE LINES DIVIDING EXI IN&WNERSHIPS , AND THE
LINES OF THE STREETS AND WAYS SHOWN ARE THOSE
OF PUBLIC OR PRIVATE S EET OR WAYS ALREADY
ESTABLISHED AND THAT NO NE LINES FOR
DIVISION OF EXIST ' NG OJIERSIfP OR FOR NEW
\ WAYS ARE SHOWN
` DATE REGISTERED SURVEYOR HAMPDEN COUNTY
REGISTRY OF DEEDS
ti3p , ` EXIST. PERM EASEMENT 40 ' 0 20 ' 40 ' 80 '
\ EXIST . TEMP . EASE NT EVA S. KERB "-
\ SCALE . I —40
BK. 207I -PG. 292
�� PARCE 0. A EXISTING EASEMENTS ARE SHOWN
Q 'Q' ` ` �� \ AREA .4 Sq. Ft . ON A SET OF PLANS ENT I TLED :
` - PERMAN T ASEMENT "PLAN OF EASEMENTS FOR
NHS I� `- 1�"!✓, ` �' _ _ _ PHASE IV SANITARY SEWERS
\ �- _ _ TOWN OF AGAWAM.MASSACHUSETTS
Z � ¢�• 3� L T I GHE & BOND CONSULTING ENGINEERS
Z � SAS°- - \�� 20 ` _ ~ EASTHAMPTON ,MASS.
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DATED: MARCH 2 , 1988
m )e 2S• ¢¢ , SHEET 6 OF 6"
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PLAN OF EASEMENT
FOR
N/F N/F � N/F � PHASE IV SANITARY SEWERS
ROBERT W. & JOYCE R. ANTHONY JR. & ABERT W. PHANEUF TOWN OF AGAWAM.MASSACHUSETTS
CHEETHAM GWERYL MARC ! EL I RENE MACH I N I K T I GHE & BOND CONSULTING ENGINEERS
BK . 2885-PG. 380 BK. 3806-PG . 47 5586-PG. 423 EASTHAMPTON.MASS.
DATE : MARCH 7 , 1988
PJS A337