TR-92-69 of
RESOLUTION TR-92-69 )g7!
A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT SANITARY SEWER,
FLOWAGE, AND TRAFFIC SIGNAL MAINTENANCE EASEMENTS
ON PROPERTY OF RICHMOND AGAWAM REALTY TRUST LOCATED NORTH
OF SPRINGFIELD STREET, FEEDING HILLS , MASSACHUSETTS
WHEREAS, the Richmond Agawam Realty Trust proposes to
construct a Super Stop & Shop on the north side of Springfield
Street , opposite the Agawam Junior High School ; and
WHEREAS, in conjunction with the project the developer
proposes to make a number of public improvements ; and
, WHEREAS, the developer will be constructing , at their own
expense, a new 15 inch sanitary sewer which shall tie into what is
known as the Philo Brook interceptor line and shall eventually
replace the existing main in Springfield Street which is prone to
surcharging and blockage; and
WHEREAS, the developer will . at their own expense, be Widening
' Springfield Street and installing a traffic signal at the main
entrance to the Stop & Shop to increase safety and lessen traffic
congestion in the vicinity of the proposed project ; and _
WHEREAS, the developer will be constructing , at their own
expense, a stormwater detention basin and weir structure at the
northwest corner of the project site to enhance the srtorm drainage
detention capabilities and to lessen the risk of localized
flooding; and
WHEREAS, it is necessary for the Town to accept certain
easements to carry out these projects ;
NOW THEREFORE, the Town Council of the Town of Agawam hereby
resolves to authorize the Mayor to accept the Flowage Easement , 30
foot wide Sanitary Server Easement , and the Traffic Signal
Maintenance Easement as said easements are bounded and described in
Exhibit A which is entitled "Town of Agawam Grant of Flowage
Easement ; Sanitary Sewer Easement ; and Traffic Signal Maintenance
Easement " and which Exhibit A is attached hereto and Incorporated
herein by reference.
DATED THIS TENTH DAY OF DECEMBER 1992 .
PER ORDER OF THE AGAWAM TOWN COUNCIL Lobu b � ��► �(�
Jo�`nne H. Willis , President
A D FOR D LEGALITY Q
Thomas ocke. Solicitor e
MAYORAL ACTION
keceived this TENTH day of DECEMBER 1992
from Town Council Clerk. (SIGNED BY COUNCIL PRESIDENT)
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3 , Section 3-
6 of the Agawam Charter, as amended, I hereby approve the
passage of the above legislation on this FjFyFNTH day
of bECEMBEB , 1992.
Jophe C. Jo nson, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-
6 of the Agawam Charter, as amended, I hereby veto the
ipassage of the above legislation on this
day of 1992 for the following reason(s) s
Christopher C. Johnson, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this FrEVE=W _ clay
of DFCFMJIER 1992.
/m
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TOWN OF AGAWAM
i c T, n064A N� �' �EET' AGAWAM, MASSACHUSETTS 01001
OF
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1 [ t
ATED MP A 1' 11 '�}'
'.i M E
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TO: AGAWAM TOWN COUNCIL
FROM: DEBORAH S. DACHOS
DIRECTOR OF PLANNING A
' JOHN P. STONE
SUPERINTENDENT OF PUBL
SUBJECT= SUPER STOP & SHOP
DATES DECEMBER 2. 1992
------------------------------------------- ---- -----------
.. .---
The Agawam Planning Board approved the Site Plan for the Super
Stop & Shop on October 22, 1992 . The project as illustrated is
a 66 . 438 sq . ft . super store. Also included within the proposal
are a number of public improvements . These are the widening
and signalization of Springfield Street immediately in front of
the new store, the construction of a new 15-inch sanitary sewer
across the store property, and the construction of a storm-
water detention basin and weir structure in the northern
portion of the property. Each of these additional projects
greatly enhance the projects attractiveness and lessen its
Impact on the community.
A Town of Agawam flowage easement presently exists on portions
of the property. This easement was secured by the town in 1977
for the purpose of accepting storm drainage runoff from the
northern portions of Feeding Hills . In order to construct the
Super Stop & Shop project , as approved . 1 acre of the flowage
easement must be filled. To more than compensate for the
filling of this portion of the flowage easement , the developer
has proposed to create a large stormwater detention basin at
the rear of the property, improve the present storm drainage
' detention system by replacing a silted--in pipe with a new weir
structure, and will deed an additional 3. 54 acres of flowage
easement to the Town.
rThe action required by the Council is the release of the . 1
acre of flowage easement . to be replaced by the 3 . 54 acres . The
proposal is of obvious benefit to the Town in that it greatly
increases the area to be used for stormwater detention. This
will serve to lessen the possibility of downstream flooding .
FA (0 R, 4 0�� -% 6V -
93 TOWN OF AGAWAM
� . OF I1A i16TJ SET AGAWAM, MASSACHUSETTS 01001
Tel. 413-786-0400
M E M 0
' TO: AGAWAM TOWN COUNCIL
FROM: DEBORAH S. DACHOS
DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT
10HN P. STONE
SUPERINTENDENT OF PUBLIC WORKS
SUB1ECTs SUPER STOP & SHOP
DATES DECEMBER 2. 1992
- ------------------------------------------------------------------
The Agawam Planning Board approved the Site Plan for the Super
Stop & Shop on October 22, 1992. The project as illustrated is
a 66, 438 sq. ft . super store. Also included within the proposal
are a number of public improvements . These are the widening
and signalization of Springfield Street immediately in front of
the new store. the construction of a new 15-inch sanitary sewer
across the store property, and the construction of a storm-
water detention basin and weir structure in the northern
portion of the property. Each of these additional projects
greatly enhance the projects attractiveness and lessen its
impact on the community.
A Town of Agawam flowage easement presently exists on portions
of the property. This easement was secured by the town in 1977
for the purpose of accepting storm drainage runoff from the
northern portions of Feeding Hills . In order to construct the
Super Stop & Shop project , as approved . 1 acre of the flowage
easement must be filled. To more than compensate for the
filling of this portion of the flowage easement , the developer
has proposed to create a large stormwater detention basin at
the rear of the property, improve the present storm drainage
' detention system by replacing a silted-in pipe with a new weir
structure, and will deed an additional 3 . 54 acres of flowage
easement to the Town.
The action required by the Council is the release of the . 1
acre of flowage easementt o be replaced by the 3 . 54 acres . The
proposal is of obvious benefit to the Town in that it greatly
increases the area to be used for stormwater detention. This
will serve to lessen the possibility of downstream flooding .
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The Council is also being asked to accept two additional
' easements from the developer , a sanitary sewer easement and a
traffic signal maintenance easement . As was mentionned, the
developer has agreed to extend the Philo Brook intercepter line
through its property to allow the Town to eventually abandon
Its obsolete line in front of the property on Springfield
Street . The old line is very deep, and is prone to surcharging
and blockage.
In addition, the developer will also widen Springfield Street
' immediately in front of the proposed store, align its driveway
to be directly across from the Junior High School driveway, and
Install a traffic signal at it own expense. The Springfield
Street improvements will lesser congestion in front of the
' store and increase the safety of pedestrians and vehicles
entering and exiting the site.
' The Planning Department and the Department of Public Works
fully support the proposed public improvements and ask for the
Council ' s support .
Deborah S . Dachos , Director
Office of Planning and Community Development
1 ohn P. Stone , Superintendant
✓ Department of Public Works
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� RESOLUTION TR-92-69
A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT SANITARY SEWER.
FLOWAGE, AND TRAFFIC SIGNAL MAINTENANCE EASEMENTS
ON PROPERTY OF RICHMOND AGAWAM REALTY TRUST LOCATED NORTH
OF SPRINGFIELD STREET, FEEDING HILLS, MASSACHUSETTS
WHEREAS, the Richmond Agawam Realty Trust proposes to
construct a Super Stop & Shop on the north side of Springfield
Street , opposite the Agawam Junior High School ; and
WHEREAS, in conjunction with the project the developer
proposes to make a number of public improvements ; and
WHEREAS, the developer will be constructing, at their own
' expense, a new 15 inch sanitary sewer which shall tie into what is
known as the Philo Brook interceptor line and shall eventually
replace the existing main in Springfield Street which is prone to
surcharging and blockage; and
WHEREAS. the developer will , at their own expense, be widening
Springfield Street and installing a traffic signal at the main
' entrance to the Stop & Shop to increase safety and lessen traffic
congestion in the vicinity of the proposed projects and
WHEREAS, the developer will be constructing . at their own
expense, a stormwater detention basin and weir structure at the
ef
orthwest corner of the project site to enhance the storm drainage
etention capabilities and to lessen the risk of localized
looding ; and
WHEREAS, it is necessary for the Town to accept certain
easements to carry out these projects ;
NOW THEREFORE. the Town Council of the Town of Agawam hereby
' resolves to authorize the Mayor to accept the Flowage Easement . 30
foot wide Sanitary Sewer Easement , and the Traffic Signal
Maintenance Easement as said easements are bounded and described in
Exhibit A which is entitled "Town of Agawam Grant of Flowage
Easement ; Sanitary Sewer Easements and Traffic Signal Maintenance
Easement " and which Exhibit A is attached hereto and incorporated
herein by reference.
DATED THIS DAY OF 1992.
PER ORDER OF THE AGAWAM TOWN COUNCIL
Joanne H. Willis . President
bA D FOR D LEGALITY
1
Thomas ocke. Solicitor
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T� aF ACAsvAH
mum 4a 81MAGS rJUSSHMl
I3l MMY SMM-ShSMit AW
TA711rf'iC S1GA]LI, 101x1l1TEIIAtiCa'1� '
MW M& PERSONS in TBESE EMS"" 'i'!FlIT I'MWE, PAI3' ", TRDS 31
OF RZQIl= AGIIMM jtF,1 = TJWST u/d/t dated Nm tber 25, 1991 of
7 Essex Greet: Drive, Suite 54, Peabody, >Iasaaexbaaeetta 01960,
owner of a parcel of land located in Agtt�taj. JMWVdkW malty,
Massachusetts as abatnf on a plan vntitled-,+'MSZIT PLU-MP AND
MP SUMMI ', AWMM, l4AtSACRUSETTO q-.,,.MW.JUC. KXW WMANY
INC." prepared by Beystate Environmental:i'0nsnitents, Inc., dated
October 1992 said plan having been reco 'Ift tha Nampdon O=tY
Registry of Deeds in Boole of PlanA �.� �;page
In considaration of DAE AND 00/100 ($1.00) bOLLAR, the receipt of
which is hereby acknowledged
' grant to the TOM aY AGAUX, a municipal corporation located in
the County of Hampden with its principal office at 96 Main Street
in said Agawam, Massachusetts, the following described easements
for public purposes in Agawam, Hampden county, kassachusette, to
wit:
UARM
sZXM a permanent flowage easement lnaluding flmmge and tell
' rights thm Teen is entitled to within the flowage easement
deircribed ill Book 4513, Page 167, including but not limited to
the right to enter with men, equipment, machinery and material to
construct drainage facilities, landscape, alter grades and
alapes, to move ar remove any structures, together with the right
to }su:pe;t, repair, Maintain, and reprove said sCo= drotina"
facilities, includinq the right to out, trim, and remove any and
all trees and shroftery located on the land within Paid easememt;
also the right to enter from time to time for the purpose of
makirq surveys upon the hereinafter dancribed parcel of Und
:situated in Agawam, Kessachusetts.
1'he flowage easement hereby granted and conveyed are whamm as the
' "DAAINAM lGXsZMZWr" on the Plan hereinbefore referenced, and more
particularly bounded and described as follOVS9
Beginning at a point in the caasmon boundary of two parcels of
land now or formerly of J. Pacelle. and R. DOPa1*& Mid Pout
bslnq N 15• 500 01" $ twee hundred thirty and 00/100 (330.00)
feet from an iron pipe in the northerly line of Spr'iAgtield
Street,0 theMM
N 15` 50' Ol" R five hundred fifty-one and 35/100 (551.35) fit
to the land of cocchir thence
S 710 45' 07" E two hundred ninety-sevaa and 06/100 (297.06) feet
along the land of cecchir tbenm
' S 72. 410 13" a two hundred fifty-six and 64/100 (256.64) feet
along the lend of Cacchi to the land of Cincatts: thence
' S V sl' 36e N two bundred seventy and COMO (270.00) feat elorfq
the land of Cincotta to a point in congan boundary of the land of
Cincotta and the land of J. Pacella and R. DePal.mae; thence
N $86 0V 24" N ogle hundred and fifty-five and 00/100 (135.00)
fact to a goint r theme
g 79. 238 44" N five huraxesl twenty-two and $1/100 (322.81) feet
to the point of beginning;
Containing an atvA of 5.35 acres more or less.
32 am KRI 1r=i u un
BRIM a pernanont sanitary serer easement, including the riot to
enter with men, equipment, wachinery, mateeba to construat or
repair sanitary sewage facilities, landscape, alter grades and
el 8, to move or remwe any structures, Cher with the right
to in.psat, repair, maintain, and Impr s..and sanitary semos
facilities, including the right to cut, t�e deed rewwe any and
all trees and shrubbery located Ors tllsls jLhft said easeagatt
also the right to enter fraysse tuna t4 the patrpose at
making surveys upon the hereinafter wie -pascal of land.
The Grantee will make reasonable efforts to restore iNprovesento
and/or structures located within said easement to their condition
Prior to the Grantee's exercise of rights under said easement.
The sanitary cower easement hereby granted and ConvOyed ae ShoWn
on the plan herein before reforeftood, and aato v particularly
bounded and described as MUMS;
1 Beginning at a! point in the northerly line of sprb)gfieid Street
said point being S 089 55' 004 8 thirty and 00/1.00 (30.00) feat
from an angle point in the northerly line of Springfield Strest;
thence
N 20. 05P 00" 8 one hundred forty and 00/100 (140.00) feet to a
paint; thence
N 32' 05' 00" S two hundred seventy-six: and 71/100 (274-71) feet
to a point; thence
. N 79' 181 0618 E two hundred ninety and 25/100 (290.99) feet to a
point; theme
' S 88. 091 24" B one hundred eighty-two and 11/100 (162.11) feet
to a point; thence
M 9' 511 36" 9 one hundred eighteen acid 16/100 (115.16) fit t0 a
pointl thence
s 88. 081 240 8. Four and 64/100 (4.64) feet to a point in the
common boundary of land of relix A. and Laura Cincotta clad the
laud of J. pacellas and R. Doralma, said point being further
located B 01' Si' 360 W. one Rundred Fifty Fives and O0/100 fact
distant along said cannon boundary line from a Rt w bound lying
in the southarly line of land now or formerly of Barbara COMM,
' as shown on the plan bexeinbefcrs referenced; the last six (6)
' couraes being along land of the said J. Facella and R• DOPaslwe,
thence continuing and running
8 98, 08 r 24" 9 GM Hundred Twenty and 00/100thS (120.00) feet to
a points then*
W Saw 31, 36R H Two Hundred Fifty-five and 00/100the (253.00)
feet to a pointy thence
8 3. 086 34w 8 Thirty and 00/100 (30.00) fast to a pcintr thence
9 86. 514 360 W Two Hundred aifry-nine and 00/100 (259.00) feet
to a point; thongs - .
H 68' 08' 24" if Ninety-Severe and 22/100 197.221 feet to a point;
theme
s o9. 914 36• A One Hundred Seventeen and 92/100 1117.92) feet to
a point; thence
N 881 08' 240 W Pius and 00/200 (5.00) feet to a polsit in the
aforesaid coamon houndary of the land a Cincotta acid the land of
.7. Pacel2a and X. 0mpalma, the last s (7).aour"S being aloceg
the lead of Cincatto, thence continuing and rpming.
N 90' 081 240 9 two hun8red and WOW (200.ib) feet to a poiutf
thence
S 79' is' 060 W Two hundred seventy three and 68/100 (273.60)
feet to a point; thence
B 32' OS' W 1f Two hundred sixty-me and 39/100 (261.39) feet to
a poinel thence
6 204 050 00% None hundred tuan
to a point in tho northerly linetoff6pringfield Street, the last
tour (4) courses being along the land of the said T. Pacalla and
R. DePalira= thence
' H 98' 551 000 W thirty-one end 73/100 (31.73) feet along this
hortherly line at Springfield Street to the point of beginning.
For reference to that portion of said easement that runs over
Jana of Felix A. and Lawn Cincotta see eadesent dated
as rectorded in the Aaspden County Registry of naeds Baa3r,
page
UM a permanent traffic signal maintenance easement including
the right to enter with men, eclaipment, Baehinerlr and material to
construct traffic control facilities, landscape, altar grades and
slopes, to hove or remove any stxucturee, togetllx' with thio right
to f gmct, repair', maintain, and improve said traffic control
facilities, imluding the right to cut, trim, and remove.,.anp and
all trees and shrubbery located an the land within said eaeftesnt.
The Grantee will malts reasonable efforts to reotore. improvements
and/or structures lactated within said easement to their condition.
Prior to the Granteats exsrcAse of rights under said easement.
The traffic signal maintenance easement hereby granted and
conveyed as shown on the Plan described as followsi
Beginning at a point in the northerly line of Springfield Strout
said point being S W 550 00N S two 4wAred sixty-six and 00/1.00
(266.60) feet from an angle paint in the northerly line of
Springfield Street: thence
N 1' est Q0" 3 sixty-five and 00/100 (65.00) feet to a paint;
thence
S Be, $50 00^ B sixty-nine and 00/100 (69.00) feet to a point!
thence
' S 1' 050 00" N rixty-five and 00/100 (65.00) feet to at Point in
the northerly line of Springfield Strestf thence
N $8' 55, 00w W along the northerly line of Springfield Street
Sixty-nine and 00/100 (69.00) foot to the point of the beginning.
i
Suecuted as a sealer! instrment this _ day of ,
15
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XTCWMD AGhM VJaM TWft
' lfitnea• PM LIP PASTAIR r I,x , Trustee
r
CO!!tK)YRRALTIE OF MRSSACE BETTO
HA t, so. , 199
Then pexwmally appeared the obwe named pHXUP PA TAW,
Trustee of the RICMOHR MAWAH'REALTY TRUST and ask vledged the
foregoing instrument to be his and the froo not and deed of said
RICmiOND AGMMM BMMMY TMST, before as.
aatary public
my Commission Bxpirox:
r
SIN ACCMAXCX THEREOF, the said TOW or miuQm, has caused its
seal to be affixed hereto and theas preuents to be silted in its
name and on its behalf by UMSTOPM C. JOB OM, its MYOR an
-tbia dap of
Signed and sealed in the TOR TOWN OF MAWAK
presence of
1 BY:CRR18T4PIlSR C. .'TOMAON4, 194yox
' CaMNWEALTH OF MASSAM88M
HUMV99, or.. , 199
Then personally appeared the above named C1fRTMMMR C.
JOJ YSM, Hayor and acknowledged the foregoing acceptance to be
the tree act and deed of the TOWN OF ,AGAWAR, before an
--_ .,,. ..,,,...... ,Rota" Public
Ky COMission mwpires:
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Y ' ' � r-r J' rr•
IMUR WiL PRMONS BY TREE MStEMM 2HAT' the T of AGWAX; a
Municipal Corporation located in the cm ty of Nampdon, with its
principal office at 36 Main Street in said Agawam, llassadhusetts,
In consideration of ONE and 00/100 ($1.001 MUR the receipt of
which is hereby *cknowledged
releases to PITZLIp PASTAN, TftoSxBB of Rim AGAM Rear TWST
n/d/t November 2s, 1991, that portico of the Tom of Agaxan's
flowage easement located in Agawam, WssaC*Aisatts aors aatvrstllp
bounded and described as tollouss
1 h certain flowage easaawt locatWd in Agaulm" Naupdan County,
Kassaahusetts more ao urately boundod and described in a told g of
said f1pwage •avement dated October 17, 1977 as recorftd in Book
4513, page. 147 of the Razspden County Registry of Deeds on November
' 14, 1977. All as dhcm in. Rook of plans 174, Page 106 to 109 an
a plan enti'tledl
Oman of
Flowage Saseeeent
Acquired fay
Torn of Agawam, Massachusetts
for
Storm Drainage Runoff
North Vestfield street Project
Philo Brook Watershed
Tighe and bond Consulting Inginears
BasthaWton, Wass.
Beale is - 40' Dates 6ep ash 1.9760
Said Portion being released is d ibed as follows
All that area of the Tam of Age~s !Towage vasesant w-ithin:land
Of said AICUMM AGAWM RZhWT TWST, lying south of the ❑lOftge
an plaangranted
in it.ked N13A88�VM VtM - MPito the Tom of a0van In +sMW SWV M*instrument�T,
AGANAK, MMSACUUSBTTS - THE RICIOMM COMMM, INC.N prepared by
8apstate arrviroamental Consultants, ilia., dated October 7.994 said
plan having been recorded in the Aden County Registrr of Deft
in Book of planes ,.—.-,..r..rr_.._, page , belrvq one tet*h (9.10)
of an acre, sore or less.
IN WITNESS THEREOF, the said TOW OF AGANAK, has caused its seal
to be affixed hereto and theso presents to be signed in its nqm
and an its baMIt by CMUMPM C. .1006M, its WOR'on this
— say of ^ . . — 199 .
Bigned and sealed in the THE TOW OF AGAWAX
presence of
' ,. _ 8Y'CHAYSTOPKM C. JURl NW, xi"- lr
4
C'�lHd14WBA»3 OF �18B�BE'1'l'g
' � iLI�MPDBN, aa. , l.911
Then personally aged the above noWAd CUIBx'OPM C.
JOHNGON, Mayor mmd aclumledged tits foxe903mg foss tO be the
tree act and deed of the TOM 010 AGMUX, befo" ae
_.._ ,rotary Pobl c
NY cmWimies Igpd "..
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