TR-90-5 RssoLvrroN 7R79o-5 ofpjy
A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT EASEFENTS
FOR SANITARY SEWER PURPOSES IN = F'F.DERAL. STREET,
AGAWAM, MASSACRUSETTS AREA
WHEREAS, It is necessary to construct a public sewer system in the
Federal Street area; and,
' WHEREAS, The construction of this public sewer system will eliminate
discharge of sewage to a nearby brook; and,
WHEREAS, In order to construct this system, two easements are re-
quired from Dorothy & Melvin Schwartz and Vernon E. Stork.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF AGAWAM hereby votes
to authorize the Mayor to accept easements from Dorothy & Melvin Schwartz and
Vernon E. Stork for sanitary sewer purposes in the Federal Street, Agawam,
Massachusetts area.
1 DATED THIS Twenty-third _ - - DAY OF February 1990.
PER ER OF THE AGAWAM TOWN COUNCIL
jRichard S. Brindle, President
Agawam Town Council
AS TO FORM AND LEGALITY
Thomas S. Locke, Solicitor -
Q �- CC)
e.
1 '
MAYORAL ACTION
eceived this� twenty-sixth day of February , 1990 *rom Council-
APPROVAL OF LEGISLATION
By the w rs vested in me pursuant to Article 3, Section 3-6 Of tne Agawam
Cha-rte , a amended, I hp eby approve the passage Of the above legislation orl
t en -t rd a of ebruarY , 1990
- ristoaher CR Joi s n . Mayor
DISAPPROVAL DF LEGISLATION
B v the powers ve. ed in me pursuant to Article :3, Section 3-6 of the Agawam,
Chal-ter , as amended , I hereby veto the passage of the above legislation an
this day of R 19 for -he following rea-
hristooher C. Johnson, Mayor
RETURN 0= LEG I SLAT I QI,,! Tt:; CDUNC I L_ CLERK,
1 R e t-..-n ed t o Council C l e r-F: this twenty-sixth d a y of February _. 1 ry 90 .
4
EASEMENT FOR SANITARY SEWER
AGAWAM, MASSACHUSETTS
I , VERNON E. STORK, the undersigned, for consideration received,
the sufficiency of which is hereby acknowledged, hereby grant to the
City of Agawam, a municipal corporation duly established under the
laws of the Commonwealth of Massachusetts and located in the County of
Hampden, with its principal office at 36 Main Street, in said Agawam,
the following described easement for public purpose to wit:
The purpose of constructing, repairing and maintaining a
sanitary sewer main necessary for public convenience and health, over
a parcel of land as hereinafter described, not otherwise used for a
public purpose , said easement or right-of-way over said parcel to be
' an easement to lay, operate and forever maintain a sanitary sewer
system, and to enter freely upon said parcel with such machinery,
tools and other apparatus as is necessary to alter, repair , renew,
inspect and examine the same , and to do any and all other things
reasonably necessary for construction and maintenance of said sanitary
sewer system, and to place upon said land materials and apparatus
' during such construction, replacement or repair.
The land within which said easement is hereby granted is shown
on a plan recorded in the Hampden County Registry of Deeds in Book of
PPlans , Page entitled:
TOWN OF AGAWAM
MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
FEDERAL STREET
SANITARY SEWER
EASEMENTS
SCALE: 1" = 20 ' DATE: AUG. 14, 1989
REVISED: OCT. 20 , 1989
' and is more particulary described as follows:
16
Beginning at a point in the westerly line of Main Street, said
point marking the southeasterly corner of land N/F of Fontaine and
Cote and the northeasterly corner of land of the Grantor ;
Thence running S 50 19 ' 58" W along land N/F of Fontaine and
Cote a distance of one hundred fifty-one -and thirty-nine hundredths
(151 . 39) feet to a point;
Thence running S 37 00 ' 30" E along the easterly line of land
N/F of Schwartz a distance of thirty and three hundredths (30.03) feet
to a point;
Thence running N 50 19 ' 58" E through land of the Grantor a
distance of one hundred twelve and eighty-six hundredths (112. 86) feet
to a point;
Thence running N 13 24' 37" E through land of the Grantor a
distance of forty-nine and ninety-four hundredths (49. 94) feet to a
point in the westerly line of Main Street at the place of beginning;
and containing 3 , 344 square feet of land.
EXECUTED AS A SEALED INSTRUMENT THIS �S�* DAY OF , 1989 .
V J
4�A J+7
Witnes Vernon E. Stork
COMMONWEALTH OF MASSACHUSETTS
- G
Hampden, ss. Date: _
Then personally appeared the above named VERNON E. STORK and
acknowledged the foregoing instrument to be his free act and deed
before me,
Notary Public
My commission expires :/ / 55
16
IN WITNESS WHEREOF the Mayor of the City of Agawam has accepted
the rights conveyed hereby and has signed and acknowledged this
instrument and shall cause it to be recorded with the Hampden County
Registry of Deeds on behalf of the inhabitants of the City of Agawam,
Massachusetts , this twee -z,jxth day of Fehrymry _ 1990.
In the presence of:
i .
C tophe C. (7son, Mayor
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss . Date: February 26, 1990
' Then personally appeared the above named Christopher C. Johnson
and acknowledged the foregoing acceptance to be his free act and deed
and the free act and deed of the City of Agaw efore me,
o t ar tic Thomas S. Locke
My commission expires: 10h2 95
EASEMENT FOR SANITARY SEWER
AGAWAM, MASSACHUSETTS
We, DOROTHY M. AND MELVIN A. SCHWARTZ, the undersigned, for
consideration received, the sufficiency of which is hereby
acknowledged, hereby grant to the City of Agawam, a municipal
corporation duly established under the laws of the Commonwealth of
Massachusetts and located in the County of Hampden, with its principal
office at 36 Main Street, in said Agawam, the following described
easement for public purpose to wit:
The purpose of constructing, repairing and maintaining a
sanitary sewer main necessary for public convenience and health, over
a parcel of land as hereinafter described, not otherwise used for a
public purpose, said easement or right-of-way over said parcel to be
an easement to lay, operate and forever maintain a sanitary sewer
system, and to enter freely upon said parcel with such machinery,
tools and other apparatus as is necessary to alter, repair, renew,
inspect and examine the same , and to do any and all other things
reasonably necessary for construction and maintenance of said sanitary
sewer system, and to place upon said land materials and apparatus
during such construction, replacement or repair.
The land within which said easement is hereby granted is shown
on a plan recorded in the Hampden County Registry of Deeds in Book of
Plans Page entitled:
TOWN OF AGAWAM
MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
FEDERAL STREET
SANITARY SEWER
EASEMENTS
SCALE: 1" = 20 ' DATE: AUG. 14, 1989
' REVISED: OCT. 20 , 1989
and is more particulary described as follows:
Beginning at a point in the northerly line of Federal Street at
the southeast corner of land of the Grantor, said point also being S
49 45' W a distance of sixty-eight and fifteen hundredths (68 .15)
feet from a point marking an angle in the northerly line of Federal
Street;
Thence running N 37 00 ' 30" W along the westerly line of land
N/F of Stanfield and Stork a distance of- two hundred forty-eight and
five hundredths (248 .05) feet to a point at land N/F of Fontaine and
Cate;
Thence running S 48 03 ' 28" W along land N/F of Fontaine and
Cote a distance of thirty and eleven hundredths (30 . 11) feet to a
point;
Thence running S 37 00 ' 30" E through land of the Grantor a
' distance of two hundred forty seven and sixteen hundredths (247 .16)
feet to a point in the northerly line of Federal Street;
Thence running N 49 45' E along the northerly line of Federal
1 Street a distance of thirty and five hundredths (30.05) feet to a
point at the place of beginning;
and containing 7 , 364 square feet of land.
In consideration of the granting of said sewer easement the City
of Agawam agrees to the following described work.
1. Pave the driveway apron (approximately 8 €t. x 45 ft. ) where
the sewer construction will take place with a bituminous con-
crete surface
2. Replace any tree which has to be removed by the sewer
construction or dies within three years from the date of
construction with 2-1./2" diameter balled and burlapped trees
to be placed on the property at a location to be determined
by the grantor.
3. Replace the land within the easement to its existing
condition after construction and any time in the future
when the sewer main requires repair or maintenance.
EXECUTED AS A SEALED INSTRUMENT THIS S rA DAY OF ,�Ge,�w��r ,1989.
' ness Dorothy M. Schwartz
ess Melvin A. Schwart
�J
COMMONWEALTH OF MASSACHUSETT
Hampden, ss. Date: y
' Then personally appeared the above` named DOROTHY M. SCHWARTZ AND
MELVIN A. SCHWARTZ and acknowledged the foregoing instrument to be
their free act and deed before me, /
Notary Public
My CiWfSS;o"EKpIiES r,AAY 2s.1993
My commission expires:
IN WITNESS WHEREOF the Mayor of the City of Agawam has accepted
■ the rights conveyed hereby and has signed and acknowledged this
instrument and shall cause it to be recorded with the Hampden County
Registry of Deeds on behalf of the inhabitants of the City of Agawam,
Massachusetts, this day of 1990 .
In the presence of:
ristophe C. J son, Mayor
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss. Date: February 26, 1920
Then personally appeared the above named Christopher C. Johnson
and acknowledged the foregoing acceptance to be ' s free act and deed
and the free act and deed of the City of Ag m b ore me,
ary c Thomas S. Locke
My commission expires: 2 /i2l95