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TR-2009-42 AUTHORIZE MAYOR TO GRANT EASEMENTS TO WMECO 077 Appucv, 11/4/w 0,&o a,cc - -z�- - Cak-) ('001( TR-2009-42 A��A. A RESOLUTION AUTHORIZING THE MAYOR TO GRANT UPDATED AND EXPANDED EASEMENTS OVER TWO TOWN PARCELS TO WESTERN MASSACHUSETTS ELECTRIC COMPANY WHEREAS, as part of a multi-state project to improve reliability of the Lp . eieciric transmission system, Western Massachusetts Electric Company (WMECO) is looking to update the easement language (most easements were ti4ken in the early 1900's and their language did not contemplate modern f fauilities) and expand an easement over two pieces of town owned property; WHEREAS, the two pieces of town owned property are the former canty land on South Westfield Street and a small piece of landlocked land o?FCooper Street near the terminus of Willow Brook Drive; WHEREAS, WMECO is seeking to update the language of the easement across the small piece of town owned land off Cooper Street near the terminus of Willow Brook Drive; WHEREAS, WMECO is seeking to expand the current one hundred (100) foot wide easement across the former county land on South Westfield Street to one hundred ten (110) feet and to update the language of the easement to include a permanent access easement across the parcel; WHEREAS, it is in the best interests of the Town of Agawam to authorize the Mayor to grant updated and expanded easements to WMECO over the two town owned parcels; and NOW THEREFORE, be it resolved by the Town Council of the Town of Agawam that the Mayor is hereby authorized to do the following: (1) grant a revised easement to Western Massachusetts Electric Company over the property owned by the Town which is located off Cooper Street near the terminus of Willow Brook Drive and which is shown on the Right of Way Plan marked Exhibit A which is attached hereto and incorporated herein by reference. The easement shall be substantially in the form of the draft easement entitled: "Electric Transmission Easement & Right of Way" marked Exhibit B which is attached hereto and incorporated herein by reference; (2) grant a revised and expanded easement and access road easement to Western Massachusetts Electric Company over the property owned by the Town which is located on South Westfield Street (former county land) and which is shown on the Right of Way Plan marked Exhibit C which is attached hereto and incorporated herein by reference. The easement shall be substantially in the form of the draft easement entitled: "Electric Transmission Easement & Right of Way" marked Exhibit B and the "Permanent Access Road Easement" marked Exhibit D which are attached hereto and incorporated herein by reference; and (3) execute any and all documents necessary to carry out the provisions of paragraphs (1) and (2) above. Dated this 441-k-day of 2009. PER ORDER OF THE AGAWAM CITY COUNCIL Letellier, PreMewnt, 'Agawa m' tity Council APPROVED AS TO FORM AND LEGALITY Christopher C. t)n son, Solicitor MAY-ORAL ACTION Received this day of �tV' �Lnt&- -, 2009 from Town Council Clerk Signed by Council President this day of YQLk-nUgA-, 2009. APPROVAL OF LEGISLAIJON 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 day of �.-YQ- QQffiLkW-)V ., 2009. ja Susan R. Dawson,- Mayor DISAPPROVAL OF LE(jISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2009 for the following reason(s): Susan R. Dawson, Mayor RETLJRN OF LEGISLATIQN TO COUNCIL CLERK Returned to Council Clerk this day of ,Y CQ)QnU9A,,, 2009. EMIBIT A Property off Cooper Street PLAN REMENIML. PLAN M 322,PC.112 ENTITLED-M-AA OF LAW GWIIIED 13Y FEATHER,INC, 431 SPPJNGFIELD STREET,AGAWAM.MASS'.. PREPARED BY WOOOLW&INC.,DATED 10/12/01,SCAkE A TRUE pHOTOCOPV AS RECORDED IN LOCUS �Web-y(6AIA VA.) FRL'AgHT REFERENCE-- PAROE5L HAMPDEN COUNTY REGISTRY OF DEEDS Or, 1221,PC.593 AND IT is So CERTIFIED lag 15—�-1 PAGE ell AITE REGISTER FOR REGISTRY U9 ONLY TRACT 3042 TRACT 3047 N/F A to P.LIQUORI TRACT 3046 N/F CITY OF SPRINGFIELD LOWS MAP MAP Fill,BUK. 2.LOT 14 TOM OF AGAWAM RK. I D74Z PC.327 MAP HIZ BUK.9.LOT I MAP H12.SIX.49, Not tb Scdej LOT 21 L— SK.15w!k Pr. 16 BIL ;405. PG.270 ANGLE PGINJ NOTES' I ONUMENTARON 2855 9 1. THE LINE OF LOCATION AND nEvo w WME00 E)GSTINO EASEMENT E 34611710'46 SHOWN HEREON WAS PROVIOCID BY VANASSE HANGEN VWUSTLIN,INC.(*M). AND IS THE R�SULT OF A FIELD VzO SURVEY PERFORMED FOR NORTHEAST�J71LITIES SERVICE COMPANY(NU)DURING NOVEMBER 2007 THROUGH MARCH STR# b OF 2008. AID LINE OF LOCATION SHOULD BE MONUMENTED 2294 ST" PIOST-CONSTRUCnON.IF NEEDED. NaGla'o'w 4332.12 229 2, THE PROPERTY UNES DEPICTED HAVE BEEN COMPILED STR D-5 "B4 < (F&TERILINE W T6WR (A.P.'TO A-P.) FROM VARIOUS SOURCES AND ARE NOT TO BE CONSTRUED AS BEING THE RESULT OF A FIELD SLAVEY.NOR 00 THEY REPRESENT A PROPERTY/BlOUNDARY MINION. TRACT 3041 3. THE TITLE REPORT FOR THE PROPE RTY WAS PROVIDED N/F KIW-JOE REALTY TWST�KIM M. BY THE LAW OFFICES OF DOUGLAS 4 BRUNNER AND MURPHY&JOSEPH BARBE90. TRUSTEES TYPICALLY COWAS THE LAST So YEARS. EASEMENTS OF T MAP, 11.BLK. 2.LOT 12 INGLE P It 2=793TZ h MANGLE Pow RECORD THAT ARE PART OF THAT TITLE REPORT ARE OK. 11907,PC. 54,13 DEPICTED ON THIS PLOT TO THE EXTENT THAT THEIR E k34a592-520 LOCATIONS CAN BE DETMMACD. OTHER EASEUEOTS GO mgl�E�ASEBLamw OUTSIDE THE SCOPE OF THE TITLE REPORT MAY EXIST. *.SOME WFORMATIOX SHOWN HEREON:IS BASED ON A PLAN ENTITLED"TRANSIASSION RIGHT OF WAY PLAS SOUTH AGAWAM SUBSTATION TO AGAWAM SUBSTATIOW. TRACT 3M DATED MAY 2DOEL 1--100'. SMELT 20.�PREPARED By VHS NA DE130RAN A KRAWIEC FOR NU. h JOHN PAUL kRAVREC, WITH A LIFE ESTATE RMRvED BY S.PLkNZMETICS DEPICTED ON TNS PLAN ARE BASED I FRANK J.NOSTIM UPON AEFOAI.LIOAR MAPPiNG PERFORWIM BY OPTIM�L MAP III, RIX.4.LOT I GEOMATlCS(200)AND PRQ�IDED BY�1-10. A.P. ANGLE POINT BK- 15192.PQ$13 6,HORIZONTAL DATUM is BASED ON M;ASSACHUSETTS N/F NOW OR FORMER&Y MAINLAND NAG 83 GRID COORDINATE SYSTEM AMD WAS S.F. SQUARE FEET DETERMINED USING HORIZONTAL CONTROL PROVIDED TO E) MONUMENT FOUND VH8 By Nu. 0 P%PE/REBAR FOUND DTRI TOWER WITH STRUCTURE NUMBER WMEGID EXISTING EASEMENT UNE WmECO PROPOSED LTOwN OF AGAWAM EASEMENT LINE DRAINAGE EASEMENT LINE OF LOCATION PLAN BIC 319.PC. 4 PROPERTY LINE WMECO,E)MNC EASEMENT AREA I CERTIFY NAT IM PLAN CONFORMS TO THE RULES AND LINE LIST(TRACP M W45 REGILATIONS OF THE REGISTERS OF DEEM AM THE PROPERTY Ar\ ortheast Uthitles Service Co. LINES SHOWN ARE THE LINES OF EXISI)NG OWNERSHIP. AND THE LINES OF STREETS AND WAYS ARE THOSE OF PUBLIC OR qw I-- . PRIVATE STREETS AND WAYS ALREADY ESTABLISHED. AMID THAT PROPERTY&EASDIENT Wfah�hTION ~A7 I NO LINES FOR—OF Dn-G OWNElig-111P OR FOR NEW LOCATIONz REAR COOPER STRC6T RICHT' OF- WAY F-L-AP4 W sm". 0-�— GRAFVX W*'LE ff-0 .a so 25 so Im I WME�q E)OSTWC f,�SEMENT 150'WtQE- �9.30D+S.F. Q.90 5"OWm EkSWENT To BE ACOVaU FROW rlDVV" , CDF- 41k, j" "I tm==== — BY We5mm JAASSACKISERS ELECTM CWAW M SCALE ONLY IF PuTnM AT ia-X 24- COLER'& W.A m x ALL MEASLREMEWTS OEM=ON M" ARE COLL-ANTONgilD 4 HA4PDEN COUNTY. CWSACHUSETTS REFERENCED TO THE MASSACHUSETTS MAINLAND NAD 93 Oman :Pgmm (am COOROMTE SYSTEM USING A 0OWBINED FACTOR w--- 1 DATE: OF 0.99"" MW PLAN OMTANCE BY COM&NEI)FACTOR 1(-'G-P.Oica—m PLSI 4WIS5 TO CONNUT GRID DISTANCE TO GROUND OWANM EXHIBIT B DRAFT ELECTRIC TRANSMISSION EASEMENT & RIGHT OF WAY For consideration paid of Dollars the receipt and sufficiency of which are hereby acknowledged, the Town of Agawam, a municipal corporation with offices at 36 Main Street, Agawam, Hampden County, Massachusetts (the "Grantor"), hereby grants with warranty covenants unto Western Massachusetts Electric Company, a Massachusetts corporation having an office at Building I 11, 4th Floor, One Federal Street, Springfield, Massachusetts, 01105, and to its heirs, devisees, successors and assigns forever(the "Grantee"), the following perpetual, permanent and, except to the extent hereinafter specifically set forth, exclusive rights and easements in, on, over, under, across and upon the parcel of land described in Exhibit A attached hereto and made a part hereof(the "Easement Area") that is located.�on the side of Street/Road/Lone/Highway in the Town of County, Commonwealth of Massachusetts. 1. The right, from time to time, to erect, install, construct, reconstruct, repair, maintain, replace, upgrade, relocate, inspect, patrol, expand, operate and remove upon, over, under, along and across the Easement Area, poles, towers, crossarms, guys, foundations, anchors, braces, ducts, manholes, fences, gates, and other structures, lines, wires, filament, cables, including fiber optic and communication cables, other conductors, antennas, and any and all other equipment, structures, facilities, fixtures and appurtenances useful for the conducting and the transmission and distribution of electric current, energy, intelligence, wireless signals, light and communications of any character or nature; and monuments and signs to locate the Easement Area; and 2. The right to conduct, distribute and transmit electricity, energy, intelligence, light, wireless signals and/or communications of any character or nature and to provide the service or services relating to said right(s) by means of the equipment, structures, fixtures, appurtenances, and facilities described in this instrument; and 3. The right to,trim and keep trimmed, cut, clear and remove, by mechanical means or otherwise, trees or limbs and branches thereof, underbrush and other growth, other than crops, any parts of which are (i) within the limits of the Easement Area, (ii) on adjoining land of the Grantor and which may interfere with the exercise of any of the rights and/or easements herein granted, or (iii) which may create a hazard; the right to control the growth of such trees, limbs, branches, underbrush and other growth by the use of chemicals or otherwise, provided the right to use chemicals shall not apply to any area which at the time of exercising such right is used for growing crops, other than trees, or for mowing or grassland; the right to dispose of all wood cut; the right to remove any buildings, structures or other improvements now or hereafter within or projecting into the Easement Area;and 4. The right to enter upon, travel and transport materials and equipment over and upon the Easement Area and, if necessary or convenient in connection therewith, the right to grade, excavate, fill or otherwise improve the Easement Area; and 5. The right of reasonable access over and across adjoining land of the Grantor to the Easement Area. The easements and other rights granted herein to use and occupy the Easement Area shall include all surface and subsurface rights and air rights thereover, The Grantor hereby reserves the'right to use the Easement Area for agricultural purposes, other than the growing of trees and shrubs, and for other purposes which (i) do not interfere with the exercise of any of the rights and/or easements herein granted, and/or (ii) do not create a hazard, in each case as determined by the Grantee in its sole and absolute discretion. Grantor, by its granting of said easements and rights, and Grantee, by its acceptance of same, hereby acknowledge, covenant and agree for themselves and their respective heirs, devises, successors and assigns as follows: (a) the easements and other rights granted herein are intended to be permanent and perpetual rights and easements for the benefit of Grantee, and its heirs, devisees, successors and assigns, and are to be fully apportionable and fully assignable or transferable, all or in part, without the need of any consent of the Grantor or the Granto r's heirs, devisees, successors and/or assigns; (b) no cessation.of use or operation of all or any portion of said easements or rights or of the Easement Area by Grantee shall be deemed an abandonment thereof resulting in the termination of any aspect of the easements and/or rights or of the Easement Area, unless the holder of same at the time of such cessation of use or operation releases, in a written instrument in recordable form, its rights in such easements and rights or in the Easement Area; and (c) this instrument may be amended or otherwise modified only by an instrument in writing'executed by the Grantee and the then owner of record of the Easement Area and recorded with the Hampden County Registry of Deeds; (d) the Easement Area, subject to the rights and easements granted herein, shall remain the property of the Grantor, its heirs, devisees, successors and assigns, and, as such, the Grantor, its heirs, devisees, successors and assigns, shall pay all real estate and other taxes assessed thereon and all assessments payable with respect thereto; and (e) the Grantor shall not convey any new or additional easements to any third parties within or across the Easement Area which may(i) interfere with the exercise of any of the rights and/or easements granted herein without the Grantee's prior review and consent, which will not be unreasonably withheld, and/or (ii) which may create a hazard, in each case as determined by the Grantee in its sole and absolute discretion. The words "Grantor" and "Grantee" in this instrument are intended, where the context requires permits or is appropriate to include the plural number as well as the singular and their heirs, devisees, executors, administrators, successors and assigns. TO HAVE AND TO HOLD the above granted and bargained rights and easements unto it, the said Grantee, and its heirs, devisees, successors and assigns, forever. EXHIBIT C south Westfield Street property A TRUE PHOTOCOPY AS RECORDED IN am"mood a" KAIQWN COUNTY REGISTRY OF DEEDS AND IT IS$0 CCRTiFIE0 LOCUS PARCEL Fb=,4,5�t_ewI I 800klf�_ PAGE)r--4 ATTIE RON- TRACT 2035 N/r RALPH DEPALKA REGISTER MAP E4,BLK. Z LOT 10 SK.14343.PC,204 -FOR REQS�MY USE ONLY TRACI 2038 1 WiS MAE WrIt 0i N.t to Scad. TRACI 2D32 . %K Z LOT 10 TRACT 2034 TOWN OF AGAWAM &K. 31ag. PG. 4tS N/F TOWN OF AGAWAM MAP E4.BLIC kLOT 3 CEMETERY SK 12193. al MAP E3. BLK. 2.LOT I 12262 F2260 -,, STR#22*8­, SIR -TRIF2295 F1 �T S 53 '-,.�ZST11122611 i. THE LINE OF LOCATIOw TAT;ON H 2B41371.9a2 L t_lo\`�—STR#2265 '--STRFU64 OZ nAM m K.2 SHOWN HEREON WAS PRO% 117trNANGEN E 335066.357 E 342030.955 BRUSTLIN.INC,(V"8), Affl)OS THE AnELD TRACT 2033 SURVEY PERFORLLED FOR NORT111"41TI-ES SERVICES COMPANY(NU)DURING NOVE=20071THIROUGH MARCH "/r WESTERN MASS OF ZOCRL SAJO LINE OF LOCO BE MONLIkENTEd ELECTRIC COMPANY POST-CONSTRUCTION,IF NEEDED. UAP E3,BLK.2.LOT 2 2. THE PROPERTY LINE BEEN COLPILED I.C. 16581 1 FROM VARIOUS SOURCES AND ARE NOT JrO BE CONSTRUED AS BEING THE RESULT OF A FIELD SUR Y.NOR DO THEY REMSENT A PROPERTy/BOUNDARY ON ON. W) t � a THE TITLE REPORT FOR THE PROPER WAS PROVIDED OF DOUGLAS I a Z 8 THE LAW OFFICES OF DOUGLAS L a ER AND TYPICALLY COVERS THE LAST 30� EASEMENTS OF REODRD THAT ARE PART OF INA I TITLE RD-CRT ARE LEGEND EPICTED Do$INIS PLOT TO THE EXTENT THAT THEIR A.P, ANGLE POINT WMECO EXISTING EASEMENT LOCATIONS CAN BE OCTERMWED.01"M EASBAENTS NIF NOW OR FORMERLY OUTSIDE THE SOCPE OF THE TITLE REPC RT MAY EXIST, 4.ScuE wFORMIATION SHOWN HEREON IS BASED ON A S.F. SOuARE FEET PLAN ENTITLED-TRANSk4ISSICN.R4HT C�WAY KAN CT-MA -STRJ TO%UR W/STRUCTUIZE NUMBER' BORDER TO SOUTH AGAWAM SUOSTATOr.13ATED MAY WMECO EXISTNG I 1CO'TURNER F61"t P.QM OECTRIC W%tA WEcOl 200% 1--100'.SHEXT 16 AND 17.PREPXREO BY VHq FOR I NU. EASEMENT UNE WMECO'PROPOSED 5.PLANIIAETRICS DEPICTED ON THIS PLAN ARE BASED EASEMENT LINE 100'TURNER FAULST eA WMECO) UPON AERLAL UDAR LtAPMG PERFORMED BY OPTIMAL LINE OF LOCAtM I EAgMENI HEFEKENU- GEOMATICS(2007)AND PROVICID)BY Vt�B. PROPERTY UNE JWMEQD PROPOSIED EASEMW I B& 1213,Pr. 06 a.WoRrzoNTAL DATUM IS BASED ON MALACHUSETTS WMEOD EXISTING 1%M M 6PEA11Y IA/K/AL WM= MAINLAND NAD 83 MD COORDINATE SYSTEM AND WAS EASEMENT AREA FASPIFNT REFERE DVumNLD USING HOFaZOmTAL CoMOf PROVIDED TO WICEGO PROPOSED BIL 1221.PQ 276 YHO BY NU. FARFUENT AREA I I PETAL A SCALE'I'-S(r LINE LIST("I""m 2= 1 CERTIFY THAT 7Ws PLAN CONFORMS TO THE RULES AND REGULATONS OF THE RMsTERS OF DMS.AND THE PROPERTY &�orthcast Lifill!as ServAlce, CO� L*4ES SHOWN ARE THE LINES OF E)QSTINr OWNER941P AND THE LINES OF STREETS AM WAYS ARE THOSE OF KO-r-OR PROPERTY&EASEMENT INFORMATION PRiVAM STREETS AN:)WAYS ALREADY ESTAMJSHW.AND THAT LOCATION, SOUTH WESTFIELD STREET NO LINES FOR ONISION OF E10STING Oft"SHP OR FOR NEW IQ,ii—m- SU59 RIOHT OF W;kY PL-AN WAYS ARE:SHOWq.,hM"_ GRA7W SCALE FEIM - 303.500± SHQwm EASDOIT TO I VAtECO EXISTING EASEUENT 100'WIDE: 51 i.,W—s- St ACQUIRED FWM %I I WIF 300 am -rckw" 'c:kF- NS By wmw WmAcimmicurm.camrAff T9 SCALE ONLY w PLOTTED AT 18'X 24" COLER TOWN 'OF' AGAWAM COLANTON10 I HAMPDIEN COUNTY. m"sAcHusEm ALL MEASUREMENTS DEPicim Om Ms PLAN ARE - I REFERENCED TO THE MASSACHUSETTS WAc&AND NAD 53 Iwo=m MaDfmm GRID WCRDLNATE S`YSnU USING A COMBINED FACTOR —1 I� OF,a99995M DIVIDE PLAN DISTANCE By COMBONM FACTOR �5_AL 1 40765 DATE- 9-16-6S TO CONVERT GRD DISTANCE TO GROUND DISTANCE. M P. MAiMUNI PLS EMIBIT D DRAFT PERMANENTA CCESS ROAD EASEMENT For consideration paid of Dollars ($XXX,000.00), the receipt and sufficiency of which are hereby acknowledged, the Town of Agawam, a municipal corp'oration with offices at 36 Main Street, Agawam, Hampden County, Massachusetts (the "Grantor"), hereby grant(s) to Western Massachusetts Electric Company, a Massachusetts corporation having an office at Building I 11, 4th Floor, One Federal Street, Springfield, Massachusetts 0 1105, and to its successors, heirs, devisees, and assigns forever (the "Grantee"), the following perpetual, permanent, and, except to the extent hereinafter specifically set forth, exclusive rights and easements in, on, over, under, across and upon the parcel of land described in Exhibit A attached hereto and made a part hereof(the "Easement Area") located in the Town of County of , Commonwealth of Massachusetts, for purposes of constructing and utifizing an access road to access the Grantee's electric transmission facility easement located on adjacent property at [OR, "located on other land of the Grantor"]. The Grantee shall have the right to cut and remove trees, brush, rocks, and other obstructions within the Easement Area, fill depressions, roughly grade the surface and, at the Grantee's sole option, pave the Easement Area for the purpose of constructing an access road. The Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of the rights and easements herein granted, including but not limited to the right to enter upon, travel and transport materials and equipment over and upon the Easement Area. The Grantor hereby reserves the right to use the Easement Area for any purposes which (i) do not interfere with the exercise of any of the rights and/or easements herein granted, and/or (ii) do not create a hazard, in each case as determined by the Grantee in it sole and absolute discretion. The Grantor, by its granting of said easements and rights, and the Grantee, by its acceptance of same, hereby acknowledge, covenant and agree for themselves and their respective heirs, successors and assigns as follows: (a) the easements and other rights granted herein are intended to be permanent rights and easements for the benefit of Grantee, and its heirs, devisces, successors and assigns, and are to be fully apportionable and fully assignable or transferable, all or in part, without the need of any consent of the Grantor or the Grantor's heirs, devisees, successors and assigns; (b) the Grantor shall not erect any building or structure on, place or store any materials on, obstruct, grade, excavate, fill or flood the Easement Area, or otherwise use the Easement Area in any manner which (i) may interfere with the exercise of any of the rights and/or easements herein granted to Grantee or (ii) which may create a hazard, in each case as determined by the Grantee in its sole and absolute discretion; (c) no cessation of use of all or any portion of said easements or rights or of the Easement Area by Grantee shall be deemed an abandonment thereof resulting in the termination of any aspect of the easements and/or rights or of the Easement Area, unless the holder of same at the time of such cessation of use or operation releases, in a written instrument in recordable form, its rig4ts in such easements and rights or in the Easement Area; (e) the Grantor shall not convey any new or additional easements to any third parties within or across the Easement Area which may (i) interfere with the exercise of any of the rights and/or easements granted herein Mthout the Grantee's prior review and consent, and/or (ii) which may create a hazard, in each case as determined by the.Grantee in its sole and absolute discretion; this instrument may be amended or otherwise modified only by an instrument in writing executed by the Grantee and the then owner of record of the Easement Area and recorded with the Hampden County Registry of Deeds; and (g) the Easement Area, subject to the rights and easements granted herein, shall remain the property of the Grantor, its heirs, devisces, successors and assigns, and, as such, the Grantor, its heirs, devisees, successors and assigns, shall pay all real estate and other taxes assessed thereon and all assessments payable with respect thereto. The words "Grantor" and "Grantee" in this instrument are intended, where the context requires, permits or is appropriate to include the plural number as well as the singular and their heirs, devisces, executors, administrators, successors and assigns. TO HAVE AND TO HOLD the above granted and bargained rights and easements unto it, the said Grantee, its heirs, devisees, successors and assigns, forever. AGAwAm LAw DEPARTMENT MEMORANDUM. To: Agawam Town Council Frorn-. Christopher C. Johnson, Solicitor cc: Susan R. Dawson, Mayor Re: WMECO Easement Resolution Date: October 15, 2009 As part of a multi-state project to improve reliability of the electric transmission system, WMECO is looking to update the easement language (most easements were taken in the early 1900's and did not contemplate modern facilities) and expand an easement over two pieces of town owned property. The first is on South Westfield Street (the former county owned property), and WMECO wants to update the easement language and expand the current 100 foot wide easement to 110 feet. The other is off Cooper Street. and WMECO is simply looking to update the easement language. WMECO is paying for the updated and expanded easements over the town's property. The Town has negotiated a price of $126,800.00 for the updated and expanded easement over the South Westfield Street property, and $56,500.00 for the updated easement over the parcel off Cooper Street. The prices were negotiated after review of WMECO's appraisals by the Town Assessor(a licensed appraiser). I would be happy to meet to discuss this matter in greater detail. Please do not hesitate to contact me with any questions. Very truly yours, Christophe Johnson Solicitor TR-2009-42 A RESOLUTION AUTHORIZING THE MAYOR TO GRANT UPDATED AND EXPANDED EASEMENTS OVER TWO TOWN PARCELS TO WESTERN MASSACHUSETTS ELECTRIC COMPANY WHEREAS, as part of a multi-state project to improve reliability of the electric transmission system, Western Massachusetts Electric Company (WMECO) is looking to update the easement language (most easements were taken in the early 1900's and their language did not contemplate modern facilities) and expand an easement over two pieces of town owned property; WHEREAS, the two pieces of town owned property are the former county land on South Westfield Street and a small piece of landlocked land off Cooper Street near the terminus of Willow Brook Drive; WHEREAS, WMECO is seeking to update the language of the easement across the small piece of town owned land off Cooper Street near the terminus of Willow Brook Drive; WHEREAS, WMECO is seeking to expand the current one hundred (100) foot wide easement across the former county land on South Westfield Street to one hundred ten (110) feet and to update the language of the easement to include a permanent access easement across the parcel; WHEREAS, it is in the best interests of the Town of Agawam to authorize the Mayor to grant updated and expanded easements to WMECO over the two town owned parcels; and NOW THEREFORE, be it resolved by the Town Council of the Town of Agawam that the Mayor is hereby authorized to do the following: (1) grant a revised easement to Western Massachusetts Electric Company over the property owned by the Town which is located off Cooper Street near the terminus of Willow Brook Drive and which is shown on the Right of Way Plan marked Exhibit A which is attached hereto and incorporated herein by reference. The easement shall be substantially in the form of the draft easement entitled: "Electric Transmission Easement & Right of Way" marked Exhibit B which is attached hereto and incorporated herein by reference; (2) grant a revised and expanded easement and access road easement to Western Massachusetts Electric Company over the property owned by the Town which is located on South Westfield Street (former county land) and which is shown on the Right of Way Plan marked Exhibit C which is attached hereto and Incorporated herein by reference. The easement shall be substantially in the form of the draft easement entitled: "Electric Transmission Easement & Right of Way" marked Exhibit B and the "Permanent Access Road Easement" marked Exhibit D which are attached hereto and incorporated herein by reference; and (3) execute any and all documents necessary to carry out the provisions of paragraphs (1) and (2) above. Dated this day of , 2009. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M, Letellier, President, Agawam City Council APPROVED AS TO FORM AND LEGALITY 64 Christopher C. V nson, Solicitor EMIBIT A Property off cooper Street n1B.1'K�, 322mFG-112 ENTITLED'MAN OF LAND OWNED BY FEATHER, NCL.431 SPIRA STREET.AGAWA.M.MASS I PREPAREDISY W000LAKFG1nNMccATED 10/n/ol. SCALE V-w R 0 CM*Rw-"al Own Loan A TRUE PHOTOCOPY AS RECORDED IN MWE PARCEL HAMPDEN COUNTY REGISTRY OF DEEDS a PQ 593 AND IT 13 SO CERTIFIED PAar ATTEST//---Z REGISTER FOR REGISTRY USE ONLY TRACT 3047 TRACI 3042 N,`F.CITY OF N/F ANTONIO P.LIQUOR; TRACT 30M SPRINGFIELD I nCU%MAP MAP NII.OLK Z LOT 14 TOWN OF AGAWAM SK. ia742. PC. 327 MAP HIZ BLK.fl.LOT I MAP H 12,BLK,a, N0 ta Secd.1 BK, t51505,PG� 16 LOT 21 BK. 1405. PC.270 ANGLE POINT ?IR-UNE OF LOCA nCH�141)FIELD IMONUMENTATION 2855099'409 SHOWN HEREON WAS PROVIVEL)BY VANASSE MANGER %%wECO E)aSTwO EASEMENT 345117Z46 EIRUSTUN.INC. (WAB), ALNG IS THE R�SULT or A FIELD SURVEY PERFORMED FOR NORTHEAST)UTIUTIES SERVICE COMPANY(NU)DURING NOVEMBER 2007 THROUGH MARCH STRjr w STRP Or 2008. SAID LINE OF LOCAIION SHOULD SE MONUMENTED e P057-CONSTRUCTION.IF NEEDFD. 2284 —-04-W 229 - 4332.12' 2. THE PROPERTY LINES DENCTED HAVE BEEN COMPILED 21141 (CENTERLINE OF TOWERS) (A.P. 'ZP) FROM VARIOUS SOURCES AND ARE NOT to BE CONSTRUED AS BE3NG THE RESULT OF A nFLD SUhVEY,NOR DO THEY b REPRESENT A PROPERTY/BCUADARN 6RNiom. TRACT 3041 3. THE TITLE REPORT FOR THE PROPERTY WAS PROVIDED MN/F KIM-JDE REALTY TRUST,KIM M� BY THE LAW OFFICES OF DOUGLAS J. MNNER AND A ANGLE POINT URPHY&JOSEPH BARBERO. TRUSTEES rt"CALLY COVERS THE LAST 50 YEARS. EASEMENTS a N MAP. h1l.BLK. 2,LOT 12 RECORD THAT ARE PART OF THAT TITLE REPORT ARE N A28�Wt793.461 EIK� 1007.PC,540 DEPICTED ON THIS PLOT TO THE tXTENT THAT THEIR E 34659ZS20 LOCATION CAN OLE DETERMNED, OTHER CASEMENTS OPOSED EASEMENT OUTSIDE STHE SCOPE OF THE TITLE REPORT MAY EAST. 4.SOME INFORMATION SHOWN HEREON IS GASED ON A PLAN ENTItLED'TRANSMISSION FaCHT OF WAY PLAN SOUTH AGAWAM SUBSTATION TO AGAWAM SUBSIATION'. TRACT 3045 DATED MAY 2008. I'-IM,SHEET 2O.7PREPAREO 13Y FOR Nu. N/F DEBORAH A.KRAwrc N PAUL KRAWEC. S.PLANIMEM DEPICTED ON THIS PLAN ARE BASED WITH A LIFE ES TE RESERVED BY LFGEND FRAW71 NOSTIN UPON AERIAL LIDAR MAPPING PERFORMED BY OPTIMAL MAP 11).BLK. 4, LOT 1 GEOMAncs(2007)AND PRO�IDFO BY'AiEL t A.P. ANGLE POINT RK, 15191 PG� 513 6.HORIZONTAL DATUM IS BASED ON kiASSACHUSETTS RIF NOW OR FORMERLY 7 MAINLAND HAD 93 GRID COORDINATE SYSTEM AND WAS &F. SOUARE FELT DETERMINED USING HORI20NTAL CONTROL PROVIDED To El MONUMENT FOUND 'Py vH3 By HU. a PJPE/RMAR FOUND 0-1 TOWER VATH STRUCTURE NUMBER u4ECD E)OSUG EASEMENT UNE WV[C0 PROPOSED �-TOWN OF AGAWAM r EASEMENT LINE DRALNACE EASEMENT LINE OF LOCATION PLAN BX. 33. PC. 4 PROPERTYLINE MIECO EXiSTING EASEMENT AREA LINE LIST(TRAC7)Na 3046 1 CERTIFY THAT Tits PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS.AND THE PROPERTY brtheast Utilities Service Co. LINES SHOW ARE THE LINES OF CXMIRXG OWNERSH;P, AM rnt LINES OF STREETS AND WAYS ARE THOSE OF PUBLIC OR 1-031M MAX&ADviz.SEM dITIM PRIVATE STREETS AND WAYS ALREADY ESTABILLSHIM AND THAT I PROPERTY&EASEMENT INFOFWATION NO LINES FOR ONSON OF E)aSTjNG OwNERsW OR FOR NEW RIOH'r' OF WAk'y P WAYS ARE SHO". (2RAPHIC SCALE(FEET) - A OF 30 23 0 50 1 WMECO CaSTING EASE]MENT ISW W4M 39, SF. CL90 ACRES SHOWIRG ELM111IT TO B.E ACaMED FROM -F 0 w a F- '^in-AkVV^M iw9itoMwv BY WEITM HASSACHLMM ELECIIIIC COMPAIff TO ScALE ONLY w PwM AT ia-X 24- COLER'& -roovvr-4. aF� '-.-ikoAkwAm z AIL MEASUREMENTS DEPICTED ON THIS PLAN ARE COLANTOWO I HAMPDEN COUNTY. QASSACHUSEM F47LRENcED to THE MASSACHUSETTS MAINLAND KAD a3 G COORDINATE SYSTEM USING A CMMNED FACTOR RID 4 - - -4- %i� DATE. OF 0.999964.DrADE PLAN DISTANCE BY C&UBwM FACTOR MACOUNI PLS#40765 TO CONVERT GRID DISTANCE TO GROUND DISTAKE NEW 34UV LINE LINE 1 1272 ASCR 2 ISM ASCR CONDUCTOR CONDUCTORS H PROPOSED LAYOUT LINE 1 1272 ASCR CONDUCTOR EXISTING LAYOUT 1702 1751 (D.5 MILES PiCIRTH OF SILVER SIS) LINE LME TO AGAWAM SIS FUI=TFD 1.0 MILES DW.LWE K ow.LINE CKT.v OCT.r MAIA) EXISTING K I 33AIB Mu RIGHT-OF.WAY Lu LOOKING 8 w NORTH 150r RIGHT-OF WAY IW MGKT-CF WAY NO ADDITIONAL RMIRECRARED XS-8 wx ""Mu KA DRA CONSTRUCTION SEQUEN9.: NOTES; 1. RELOCATE GISMSUTION WITHIN RAT AS M� 1. RIEMOVE EXISTING LATTtCE STR1ICT1;RES IN CORRMOR- 2. WSTALL NEW 34-Vi i$kv COMPOSITE STRUCTURES 2- DtS7MUTION UWE BE094S 1.5 NILES SOUTH OF AGAWAM SG AND CORTNUES SOM FOR 0.4 MILES a Omy 3 TEMPORARILY UTUM 34SkV CONDULTDR LOCATION POR CIRCUIT InZ NkACLP RELOCATE cmcua 17S,To NEW CrAnM ON CoMpOSITE STRUCnpaS 3. DISMS937104 LINES WAY NEED TO BE RELOCATED TO THE EDGE OF Norfficast 4. FLEMOVE DUSTING LATTICE STRUCrUXES PW TO EKSUM CLEARAMCE TO TRANIPAMSIGN CONDUCTORS 4. STRUCTLIRE KEIGWTS WERE DETERMINED FROM TYPICAL Uf&fies System 5 wSTAUL NEW IIShV SINGLE QRCUFT STRUCTURES E)PECTED SPANS.TOWER HEIGHTS ARE SI)MC?to in CHANGE WITH THE COMPLE11ION OF FINAL DES;GN will fi. RELOCATE 11`22 FROM CCP�STR=nJFM TO PIEW LOCATION ON 11UVONGI-E.CtPMX SnkICIRSES 013= TI TLE LOCKS GREATER SPRINGFIELD RELIABILITY PROJECT CFtrfSVJA MM SPAN UNDER WMAN.MCIPION MAX WAN LIMER HIIGM 7UNSION PROPOSED CROSS SECTIONS STRAW 0.5 MILES NORTH OF SILVER S/S TO AGAWAM SIS pw WWO Nam I t5-115 CLEARANCE "16 a pwV-jW 10"0 8 MF WIND IGSa 0 6 FW WIND 117VO6 Mi� - I 115-EDGE OF WW CLEARANCE Ila?0 0 MF WOO 1120coppWw 1225 0 0 PSP WM 13M 0 v Pw WwO BY I UGHTWR CHKD P.m. v4UjAms APP =APP DATE 115-EDGE OF Rcrw CLEARANCE 25.5 PSF EXTREME WIND opo a 2s a PsF 5critwe WIND Wn 0 25.0 PSF DaREME WOO 10510256PSFE-ff wMrvftz� DATE 5/23/08 DATE DATE 345-EDW OF ROW CLEARANCE 1003 a a Prw wm 1132 0 0 PSF WIND 0 9 PSF WIND 1252 a 9 PSF WINO I KEY NA NO. Nw M Sw 1345-EDGE CF ROW CLEARANCE B43 a 8 PSF D(TREWE WIND WN025APSFIEXTRIEVEWWO j9I7Ga56PSFEXTTtEM9W%ND 10010 25 6 RIF DITIREME WIND SCALE NONE MICROFILM DATE Dwc. XS-8 P.A. EXHIBIT B DRAFT ELECTRIC TRANSMISSION EASEMENT& RIGHT OF WAY For consideration paid of Dollars ($ , the receipt and sufficiency of which are hereby acknowledged, the Town of Agawam, a municipal corporation. with offices at 36 Main Street, Agawam, Hampden County, Massachusetts (the "Grantor"), hereby grants with warranty covenants unto Western Massachusetts Electric Company, a Massachusetts corporation having an office at Building 111, 4th Floor, One Federal Street, Springfield, Massachusetts, 01105, and to its heirs, devisees, successors and assigns forever (the "Grantee"), the following perpetual, permanent and, except to the extent hereinafter specifically set forth, exclusive rights and easements in, on, over, under, across and upon the parcel of land described in Exhibit A attached hereto and made a part hereof (the "Easement Area") that is located on the side of Street/Road/Lane/Highway in the Town of County, Commonwealth of Massachusetts. 1. The right, from time to time, to erect, install, construct, reconstruct, repair, maintain, replace, upgrade, relocate, inspect, patrol, expand, operate and remove upon, over, under, along and across the Easement Area, poles, towers, crossarms, guys, foundations, anchors, braces, ducts, manholes, fences, gates, and other structures, lines, wires, filament, cables, including fiber optic and communication cables, other conductors, antennas, and any and ail other equipment, structures, facilities, fixtures and appurtenances useful for the conducting and the transmission and distribution of electric current, energy, intelligence, wireless signals, light and communications of any character or nature; and monuments and signs to locate the Easement Area; and 2. The right to conduct, distribute and transmit electricity, energy, intelligence, light, wireless signals and/or communications of any character or nature and to provide the service or services relating to said right(s) by means of the equipment, structures, fixtures, appurtenances, and facilities described in this instrument; and 3, The right to trim and keep trimmed, cut, clear and remove, by mechanical means or otherwise, trees or limbs and branches thereof, underbrush and other growth, other than crops, any parts of which are (i) within the limits of the Easement Area, (ii) on adjoining land of the Grantor and which may interfere with the exercise of any of the rights and/or easements herein granted, or (iii) which may create a hazard; the right to control the growth of such trees, limbs, branches, underbrush and other growth by the use of chemicals or otherwise, provided the right to use chemicals shall not apply to any area which at the time of exercising such right is used for growing crops, other than trees, or for mowing or grassland-, the right to dispose of all wood cut; the right to remove any buildings, structures or other improvements now or hereafter within or projecting into the Easement Area; and 4. The right to enter upon, travel and transport materials and equipment over and upon the Easement Area and, if necessary or convenient in connection therewith, the right to grade, excavate, fill or otherwise improve the Easement Area; and 5. The right of reasonable acc ess over and across adjoining land of the Grantor to the Easement Area. The easements and other rights granted herein to use and occupy the Easement Area shall include all surface and subsurface rights and air rights thereover. The Grantor hereby reserves the right to use the Easement Area for agricultural purposes, other than the growing of trees and shrubs, and for other purposes which (i) do not interfere with the exercise of any of the rights and/or easements herein granted, and/or (ii) do not create a hazard, in each case as determined by the Grantee in its sole and absolute discretion. Grantor, by its granting of said easements and rights, and Grantee, by its acceptance of same, hereby acknowledge, covenant and agree for themselves and their respective heirs, devises, successors and assigns as follows: (a) the easements and other rights granted herein are intended to be permanent and perpetual rights and easements for the benefit of Grantee, and its heirs, devisees, successors and assigns, and are to be fully apportionable and fully assignable or transferable, all or in part, without the need of any consent of the Grantor or the Grantor's heirs, devisees, successors and/or assigns; (b) no cessation of use or operation of all or any portion of said easements or rights or of the Easement Area by Grantee shall be deemed an abandonment thereof resulting in the termination of any aspect of the easements and/or rights or of the Easement Area, unless the holder of same at the time of such cessation of use or operation releases, in a written instrument in recordable form, its rights in such easements and rights or in the Easement Area; and (c) this instrument may be amended or otherwise modified only by an instrument in writing executed by the Grantee and the then owner of record of the Easement Area and recorded with the Hampden County Registry of Deeds; (d) the Easement Area, subject to the rights and easements granted herein, shall remain the property of the Grantor, its heirs, devisees, successors and assigns, and, as such, the Grantor, its heirs, devisees, successors and assigns, shall pay all real estate and other taxes assessed thereon and all assessments payable with respect thereto; and (e) the Grantor shall not convey any new or additional easements to any third parties within or across the Easement Area which may(i) interfere with the exercise of any of the rights and/or easements granted herein without the Grantee's prior review and consent, which will not be unreasonably withheld, and/or (ii) which may create a hazard, in each case as determined by the Grantee in its sole and absolute discretion. The words "Grantor" and "Grantee" in this instrument are intended, where the context requires permits or is appropriate to include the plural number as well as the singular and their heirs, devisees, executors, administrators, successors and assigns. TO HAVE AND TO HOLD the above granted and bargained rights and easements unto it, the said Grantee, and its heirs, devisees, successors and assigns, forever. EXHIBIT C South Westfield Street property A TRUE PHOTOCOPY AS RECORDED IN It," A"19 01w HAMLPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTWIED LOCUS � �-.- plar PARCEL book d Aal� ATTEST TRACT 2035 N/ ALMA REGISTER MAPFERALPH.DEP 4.BLK 2.LOT 10 FOR REGSTRY USE ONLY 14.343.PC. 206 TRACT ZD38 N/r ROBERT C. LOCUS MAP FEARN R-, st a Not to Scala TRACT 2D32 MAP 05, BUK. 2,LOT 10 TRACT 2034 TOWN OF AGAWAM EX. Lain PC. 415 MAP E4,SIX Z LOT 3 N/F TOWN OF AGAWAM BK 1219.3,Pr. al CEMETERY MAP E3, BLK. 2.LOT I TR 0 STR#2262 Dar S-MI2265 F1 F"O'FfL ��WA IT' STRJ2267 KgE- STR12,,,-02�74 STRIF2261 L L �-STRJ!2263 —STRJ2264 1. THE UNE OF LOCATION AM FIELD WONUMENTAT-ON ------ in N 2 43M3 am SHOWN HEREON WAS PROVIDED BY VANASSE HANGEN N 2841371.962 E 342030.2'55 BRUSTUN, INC.(VHB). AND IS THE RESULT OF A FIELD SURVEY PERFORM.ED FOR NORTHEAST UTILITIES SERACES TRACT 2033 DETAIL A COMPANY(NU)DURING NOVEMBER 20071THROUGH MARCH N/F -AN MASS OF 2008. AID UNE OF LOCAT10N$NO= BE MONUMENTED WESTL POST-CONSTRU E1XCTRC COMPANY 19�. TY UNE L.0 i5*aI 2. THE PROPER"ON, .,,V�L.ECN COIJKLED MAP E3. 2, LOT 2 FROM VARIOUS SOURCES AND ARE NOT BE CONSTRUED AS BIDNG THE RESULT OF A FIELD SURVEY.NOR DO THEY REPRESENT A PROPERTY/BOUNDARY OP;;;. ON. 3. THE TITLE REPORT FOR THE PPROPERT WAS PROVIDED BY THE LAW OFFICES OF DOUGLAS 1 8 ER AND TYPICALLY COVERS THE LAST SO YEARi��CASEUFNTS OF RECORD THAT ARE PART OF THAT TITLE REPORT ARE DEPICTED ON THIS PLOT TO THE EXTENT THAT THi3R -LLQU9L LOCAInOms CAN BE DETERMINED. OTHER EASEMENTS A.P. ANGLE POINT WWE0O EXISTING EASEMENT OUTSIDE THE SCOPE OF T14E TITLE REPC�T MAY EXIST. N/F NOW OR FORMERLY 4.SOME 04FORMATION SHOWN HEREON IS BASED ON A S.F, SOUARE FEET PLAN ENTITLED-TRANSIAISS10k.RIGHT WAY PLAN CT-MA -STRf TOWER W/STRUCTURE NIJUBER' I It BORDER TO SOUTH AGAWAM SUBSTATKkh",DATED MAY 100-JURNM-EALLS POWM A nEcMP 20M 1--100', SHEET 16 AND 17,PREP kRED BY VHB FOR WMEDO EXISTING 3ENCE' NU. EASEMENT UNE M 1221, M 404 WMEOO'PROPOSED CASEMENT LINE It 11 1 0(y nENFR IC(A/K/A MdrCO) 5.PLA141mETRIcs DEPICTED ON THIS PLA4 ARE BASED UPON AERIAL UDAR MAPPING PERFORMED BY OP71LAAL LINE OF LOCATION EASEMENT REMENCE: GEOMATICS(2007)AND PRO�IOED BY MII& PROPERTY LINE XM,?l SK, 1213.M 178 1. WMECO EXISTING JWMEOO PROPOSED EASEMENT a.HORIZONTAL DATUM IS BASED ON MASSACHUSETTS 100- THE MONTAGUE CDWP6NY fAA/A WMECOI MAINLAND NAD B3 GRID CDORDI TEM AND WAS CASEMENT AREA DETOKNED USING H=ZONTALN9Tv.0 PROVOED TO VNEI BY NU. WMECD PROPOSED EIK PC. 276 EASEMENT AREA QFTArL A SCALC:A*-60` 4 CERWY THAT THIS PLAN ODWORMS TO THE RULES AND LINE LIST(TR".NO. 20M REGULATIONS OF TRE REGISTERS Or DEEDS. AND THE PROPERTY �orth.ast Utflii4es S_C_(,,-o CO. LINES SHOWN ARE THE UNES OF EXISTING OWNERSHIP.AND THE i PROPERTY&EASEMENT INFORMATION I UNES OF STREETS AND WAYS ARE THOSE OF PUBLIC OR 1 GEMN MAMCHMM MCCVaC C%V� PRTVA TE STREETS AND WAYS ALREADY ESTAaUSKED.AND THAT LOCATION, SOUTH WESTTIEW STREET No UNES rap OMS30N OF EXISTING OWNERSHIP OR FOR NEW WMECO PROPOSED EASEMENT 10'VaOr-- maOft S.F�. 016 ACRES RIGHT OF W;&.Y PL-AN WAYS ARE S4OVn.,,,,. GRAPHIC SCALE(FEET) 0 am WMECO EXISTING EASEMENT 107 WIDE: 303,awt S.F. 1197 ACRES SHOWINO EASEMENT To BE ACaNn MOM TOW" 'CDF- AC3^WAm ri WEMN OWARr TO SCALE ONLY F PLOTTED At IS-X 24* COLER & - TOWN -OF- AGAW^M ALL MEASUREMENTS CEPFCWO ON THIS PLAN ARE - COLA N TCN 10 1 14AMPOEM COUNTY, MASSACINUSETTS REFERENCED TO THE MASSACHUSETTS MAINLAND NAD a,3 Dial=�weram GRID COORMALTE SYSTEM USING A COUBWED FACTOR I— DATE, OF.0.9991163.DIVIDE PLAN INSTANCE BY COMBINED FACTOR A. -M TO CONVERT GRID DISTANCE TO GROUND O[STAWZ V" P.uAcoum PLSP 4D765 NEW 1766 34$kV LINE LINE I IWO AWA 2 ISM ASCR CONDUCTOR CONDUCTORS EXfSTING LAYOUT PROPOSED LAYOUT 0`1 MAfCT BORDER TO la2l tax EXISTING ANGLE LINE LINE STRUCTURE 2297 2.2 MILES EXISTING RIGHT-OF-WAY 100,MIN. LOOKING %a NORTHEAST w Sir 1001 EXISTING RICKT.OF WAY I00lEXIST,.QRrGHT-CW-WPY [:-ADDfTK)NAL I I(r R?W 45, w I IV RIGIfT-OF WAY 8/k DRAFT XS-4 CONSTRUCTION SEQUENCIE� NOTES: 1. qEMOVF EX37ING LAT71Ct STRUCTURES I� REMOVE EXISTING LArnCE STRUCTURES IN CORROM 7 INSTALL NEW 3ASM l5kV COM;X=TE.STRUCTURES 2. STRUCTURE HECKFS WERE DETEfUNEO FROM rA4CAL KOR LINE 1?53 AND NEW345WV CiRCUIT. EXPECTEDSPANS TOWER HEC.RTS ARE SUBJECT M C~4CIE VMM TW C0LfinZTlC)N OF FINAL DESPON WABL" Northeast Utffitics System wall CR:TM;UA M"&pAN UNIXR MY&AL TENSION MAX SPAN UNDER H*H 17BOICIN TI TLE A umm STRAW "IrTRINCI STPISM GREATER SPRINGFIELD RELIABILITY PROJECT 115 U)GE OF ROW CLEARANCE 8?109psFww 90 a 0 PW WW40 WDDPSFWW 1006 a 0 PSF WM PROPOSED CROSS SECTIONS 115-U*E OF ROW CLEARANCE 734 0 25 6!�f Wrrf[DWF WUMI ev a me Pff mcmur:WINI) 795 0 25 0 PSI`EXTREME WIND SW 0 25A PSF Dff7LFU!F WMU I=a 0 PSF VMM MA/CT BORDER TO EMSTING ANGLE STRUCTURE 226 115-El*F OF ROW CLfAlRlkMCE IM30OPWWM I 110 0 9 PSF WkNID 345-MGE OF ROW CLEARANCE 943 0 25.0 PSF EXTREME WVM IV"0 25 0 PSF DffREME VMO 917026.15PEFE)KI MEWIND 10010 25.0 PSF EXTREME WM BY j. LIGiTNER CHKD P.M. WILLIAMS APP =App - KEY DATE 5/23/08 DATE DATE I DATE WT M W.Au SCALE NONE 'MICROFILM DATT DWG, NO. XS-4 P.A. MIBIT D go"RAFT PERMANENT A CCESS ROAD EASEMENT For consideration paid of Dollars ($XXX,000.00), the receipt and sufficiency of which are hereby acknowledged, the Town of Agawam, a municipal corporation with offices at 36 Main Street, Agawam, Hampden County, Massachusetts (the "Grantor"), hereby grant(s) to Western Massachusetts Electric Company, a Massachusetts corporation having an office at Building I 11, O'Floor, One Federal Street, Springfield, Massachusetts 0 1105, and to its successors, heirs, devisees, and assigns forever (the "Grantee"), the following perpetual, permanent, and, except to the extent hereinafter specifically set forth, exclusive rights and easements in, on, over, under, across and upon the parcel of land described in Exhibit A attached hereto and made a part hereof (the "Easement Area") located in the Town of 5 County of , Commonwealth of Massachusetts, for purposes of constructing and utilizing an access road to access the Grantee's electric transmission facility casement located on adjacent property at [OR, "located on other land of the Grantor"]. The Grantee shall have the right to cut and remove trees, brush, rocks, and other obstructions within the Easement Area, fill depressions, roughly grade the surface and, at the Grantee's sole option, pave the Easement Area for the purpose of constructing an access road, The Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of the rights and easements herein granted, including but not limited to the right to enter upon, travel and transport materials and equipment over and upon the Easement Area. The Grantor hereby reserves the right to use the Easement Area for any purposes which (i) do not interfere with the exercise of any of the rights and/or easements herein granted, and/or (ii) do not create a hazard, in each case as determined by the Grantee in it sole and absolute discretion. The Grantor, by its granting of said easements and rights, and the Grantee, by its acceptance of same, hereby acknowledge, covenant and agree for themselves and their respective heirs, successors and assigns as follows: (a) the easements and other rights granted herein are intended to be permanent rights and easements for the benefit of Grantee, and its heirs, devisees, successors and assigns, and are to be fully apportionable and fully assignable or transferable, all or in part, without the need of any consent of the Grantor or the Grantor's heirs, devisees, successors and assigns; (b) the Grantor shall not erect any building or structure on, place or store any materials on, obstruct, grade, excavate, fill or flood the Easement Area, or otherwise use the Easement Area in any manner which (i) may interfere with the exercise of any of the rights and/or easements herein granted to Grantee or (ii) which may create a hazard, in each case as determined by the Grantee in its sole and absolute discretion; (c) no cessation of use of all or any portion of said easements or rights or of the Easement Area by Grantee shall be deemed an abandonment thereof resulting in the termination of any aspect of the easements and/or rights or of the Easement Area, unless the holder of same at the time of such cessation of use or operation releases, in a written instrument in recordable form, its rights in such easements and rights or in the Easement Area; (e) the Grantor shall not convey any new or additional easements to any third parties within or across the Easement Area which may (i) interfere with the exercise of any of the rights and/or easements granted herein without the Grantee's prior review and consent, and/or (ii) which may create a hazard, in each case as determined by the Grantee in its sole and absolute discretion; this instrument may be amended or otherwise modified only by an instrument in writing executed by the Grantee and the then owner of record of the Easement Area and recorded with the Hampden County Registry of Deeds; and (g) the Easement Area, subject to the rights and easements granted herein, shall remain the property of the Grantor, its heirs, devisees, successors and assigns, and, as such, the Grantor, its heirs, devisees, successors and assigns, shall pay all real estate and other taxes assessed thereon and all assessments payable with respect thereto. The words "Grantor" and "Grantee" in this instrument are intended, where the context requires, permits or is appropriate to include the plural number as well as the singular and their heirs, devisees, executors, administrators, successors and assigns. TO HAVE AND TO HOLD the above granted and bargained rights and easements unto it, the said Grantee, its heirs, devisees, successors and assigns, forever. AGAWAm LAw DEPARTMENT MEMORANDUM To: Agawam Town Council From: Christopher C. Johnson, Solicitor cc: Susan R. Dawson, Mayor Re: WMECO Easement Resolution Date: October 15, 2009 As part of a multi-state project to improve reliability of the electric transmission system, WMECO is looking to update the easement language (most easements were taken in the early 1900's and did not contemplate modern facilities) and expand an easement over two pieces of town owned property. The first is on South Westfield Street (the former county owned property), and WMECO wants to update the easement language and expand the current 100 foot wide easement to 110 feet. The other is off Cooper Street, and WMECO is simply looking to update the easement language. WMECO is paying for the updated and expanded easements over the town's property. The Town has negotiated a price of $126,800.00 for the updated and expanded easement over the South Westfield Street property, and $56,500.00 for the updated easement over the parcel off Cooper Street. The prices were negotiated after review of WMECO's appraisals by the Town Assessor(a licensed appraiser). I would be happy to meet to discuss this matter in greater detail. Please do not hesitate to contact me with any questions. aVery truly yours, v ry' 'y yours, Christophe Johnson Solicitor :b V S Ijo log,. rp in z g-;�w J2 LL m LL p g HU A o o AnIN 2 z v a m :5 qx OR A M ZI nN- Z .1 0101 % 1 zz- Zip �gy: is 5 0 P�� 8 Z. p �F-0 0� Ali; x xw Z- F3L 0 j3 F ,P M zm , a , M .6 mwa bR T >- U98 �i, 4 IF 17 ci 01, < 0 OgL MQZ DD1 00 LW ou Cal a) 0 �4 4 P12 < Hwy U3 2 3 cc 1z 809 <r � 1F zm c r 58 Jill 2111 0 M -WN 19 NEW 1781 345kV LINE LINE I M ASCR 2-1 500 ASCR CONDUCTOR CONDUCTORS PROPOSEDLAYOUT 17112 LINE 272 ASCR CONDUCTOR EXISTING LAYOUT 1702 1701 Pool (0,5 MILES NORTH OF SILVER SIS) LINE LINE TO AGAWAM SM I C9 16 RELOCATED 1.9 MILFS MST.LM Dw.LINE CKII 8 MAIL 30AIA f EXISTING la R GHT-OF-WAY 1 0 15cr cc if MI ILI LOOKING NORTH 50'RIGH t-Of-WAY I W RK*(T-OF WAY NO ADDITION&L.RM REQUIRED _1117 XS_8 DRAFT swam= CONSrRUCTION SEQUENCE h[OTES- 1. RELOCATE DWRmuTxk wrr"IN PjW AS RECRIMM 1, REMOVE EXISTING LATrPCE STPILICTURES IN 2 QGTALL wEw 345m osw couposrrE smL=TuRES 2. DISTRIBUTION LINE BEGINS 114 MILES SOUTH OF AaAWAM 16 N lcnm 3 TEMPORARILY UTIUM 345W CONDUCTOR LOCArION fOR C3RCUrT 171Z WD CONTWUFS SOM F13R D.4 MILES 9&N, S NIACU'Y RaOCATE CIRCUIT 1761 To NEW L.00ATION ON COMPOSITE STRUCTURES I DISTRIBUTION LNIE11 MAY NEED TO BE RELOCATED TO THE EDGE OF '7- Norffieast nnzxwx� R,0W T13 ENSURE CtIE&OMAICE TO TkNISMISSION COPdX=ORS wile, A. REMOVE CX*rM*LATTICE.STRIM-11WEES 4 STRUCTURE KEKKM WERE DETEMINED FROM rfPo[;M Utilities System 5. *STALL NEW I I5kV SINGLE ORCLUT STFILICTURES EMMCTED SPANS TDIVER HEICL4TS ARE R)MC1 to XL CKAMIZ WTH TW COKFU70N OF Fft46L DESIGN w/of a RELOCATE 1782 FROM COMPOSITE STRUCTIM TO ENFLILD -nxms ocz= NEW LOCATION ON I t5W SINGLE c3wun smx TI TLE GREATER SPRINGFIELD RELIABILITY PROJECT CRITIERIA MAX SPAN UNITWR NORMAL TB49M MAX SPAN UNDER.W.4 rCFMM PROPOSED CROSS SECTIONS I_STRr1* STALAIN SIR" 0.5 MILES NORTH OF SILVER S/S TO AGAWAM S/S I ts-I t3 CLEARANCE alaamwwm IOU G 6 PSFWIND 1060 0 6 KF VIM APP 1115-EDGE OF ROW CLEARAMME 1107 0 9 PSF WIND II1*@9PSFVM0 1226 a 9 PV WIND 1300 0 9 PSF WIND BY J. UG14TNER CHKD P.M. WILLIAMS APP '115-EDGE OF POW CLEAAANCE _ NO Q 25.0 PSF EXTREME WIND 076025.11PSFE17RIENIEWDO On 0 25.6 PEF DMtEMF.V400 10610 2S 8 PSF"'FRIEME WINCI DATE 5/23/08 DATE DATE DATE KEY MAP 3AS-EDGE OF ROW CLEARANCIE_ IM300PSVWIND If32Q*PSPWM IIIGGQPWWM 12U a 0 PSF WM NM TO SCA11 346-EDGE OF ROW CISARANCE 843 Q 25 6 PSF WrREME WINE) WM025.6PSFE3(TRFMEWIND .@17a2stPSFEXTREAcEvM4D paa1o2Sj8PVErrArWWM SCALE NONE MICROFILM DATE DWG. NO, XS—f) P,A. EXHIBIT B DRAFT ELECTRIC TRANSMISSION EASEMENT & RIGHT OF WAV For consideration paid of Dollars ($- -- - - - , the receipt and sufficiency of which are hereby acknowledged, the Town of Agawam, a municipal corporation with off-ices at 36 Main Street, Agawam, Hampden County, Massachusetts (the "Grantor"), hereby grants with warranty covenants unto Western Massachusetts Electric Company, a Massachusetts corporation having an office at Building I 11, 4th Floor, One Federal Street, Springfield, Massachusetts, 01105, and to its heirs, devisees, successors and assigns forever (the "Grantee"), the following perpetual, permanent and, except to the extent hereinafter specifically set forth, exclusive rights and casements in, on, over, under, across and upon the parcel of land described in Exhibit A attached hereto and made a part hereof (the "Easement Area") that is located on the side of Street/Road/Lane/Highway in the Town of County, Commonwealth of Massachusetts, 1. The right, from time to time, to erect, install, construct, reconstruct, repair, maintain, replace, upgrade, relocate, inspect, patrol, expand, operate and remove upon, over, under, along and across the Easement Area, poles, towers, crossarms, guys, foundations, anchors, braces, ducts, manholes, fences, gates, and other structures, lines, wires, filament, cables, including fiber optic and communication cables, other conductors, antennas, and any and all other equipment, structures, facilities, fixtures and appurtenances useful for the conducting and the transmission and distribution of electric current, energy, intelligence, wireless signals, light and corn mun i cations of any character or nature; and monuments and signs to locate tile Easement Area; and 2. The right to conduct, distribute and transmit electricity, energy, intelligence, light, wireless signals and/or communications of any character or nature and to provide the service or services relating to said right(s) by means of the equipment, structures, fixtures, appurtenances, and facilities described in this instrument; and 3. The right to trim and keep trimmed, cut, clear and remove, by mechanical rneans or other-wise, trees or limbs and branches thereof, underbrush and other growth, other than crops, any parts of which are (i) within the limits of the Easement Area, (ii) on adjoining land of tile Grantor and which may interfere with the exercise of any of the rights and/or easements herein granted, or (iii) which may create a hazard; the right to control the growth of such trees, limbs, branches, underbrush and other growth by the use of chemicals or otherwise, provided the right to use chemicals shall not apply to any area which at the time of exercising such right is used for growing crops, other than trees, or for mowing or grassland; the right to dispose of all wood cut; the right to rernove any buildings, structures or other improvements now or hereafter within or projecting into the Easement Area; and 4. The right to enter upon, travel and transport materials and equipment over and upon the Easement Area and, if necessary or convenient in connection therewith, the right to grade, excavate, fi I I or otherwise improve the Easement Area; and 5. The right of reasonable access over and across adjoining land of the Grantor to the Easement Area. The easements and other rights granted herein to use and occupy the Easement Area shall include all surface and subsurface rights and air rights thereover. The Grantor hereby reserves the right to use the Easement Area for agricultural purposes, other than the growing of trees and shrubs, and for other purposes which (i) do not interfere with the exercise of any of the rights and/or easements herein granted, and/or (ii) do not create a hazard, in each case as determined by the Grantee in its sole and absolute discretion. Grantor, by its granting of said easements and rights, and Grantee, by its acceptance of same, hereby acknowledge, covenant and agree for themselves and their respective heirs, devises, successors and assigns as follows: (a) the easements and other rights granted herein are intended to be permanent and perpetual rights and easements for the benefit of Grantee, and its heirs, devisees, Successors and assigns, and are to be fully apportionable and fully assignable or transferable, all or in part, without the need of any consent of the Grantor or tile Grantor's heirs, devisees, successors and/or assigns; (b) no cessation of use or operation of all or any portion of said easements or rights or of the Easement Area by Grantee shall be deemed an abandonment thereof resulting in the termination of any aspect of the easements and/or rights or of the Easement Area, unless the holder of same at the time of such cessation of use or operation releases, in a written instrument in recordable form, its rights in such easements and rights or in the Easement Area; and (c) this instrument may be amended or otherwise modified only by an instrument in writing executed by the Grantee and the then owner of record of the Easement Area and recorded with the Hampden County Registry of Deeds; (d) the Easement Area, subject to the rights and easements granted herein, shall remain the property of the Grantor, its heirs, devisces, successors and assigns, and, as such, the Grantor, its heirs, devisees, successors and assigns, shall pay all real estate and other taxes assessed thereon and all assessments payable with respect thereto; and (e) the Grantor shall not convey any new or additional easements to any third parties within or across the Easement Area which may(i) interfere with the exercise of any of the rights and/or easements granted herein without the Grantee's prior review and consent, which will not be unreasonably withheld, and/or (ii) which may create a hazard, in each case as determined by the Grantee in its sole and absolute discretion. The words "Grantor" and "Grantee" in this instrument are intended, where the context requires permits or is appropriate to include the plural number as well as the singular and their heirs, devisees, executors, administrators, successors and assigns. TO HAVE AND TO HOLD the above granted and bargained rights and easements unto it, the said Grantee, and its heirs, devisees, successors and assigns, forever. EXHIBIT C South Westfield Street property ft Waft A TRUE PHOTOCOPY AS RECORDED IN _* HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTIFIED 1, 4 LOCLS PARCEL ATTEST. TRACT ZDa5 N RALPH DEPALMA REGISTER: /FE L 1 10 UK, 1 343.PC, 206 FOR REGISTRY Ug-&TL—Y TRACT 203B NIF ROBERT a LCCUS MAP FEARN JFL. et L.1 Not to Scale TRACT 2032 MAP.G5,BUK, 2. OT ID TRACT 2034 TOWN OF AGAWAM BX. 13189, PG.415 N/F TOWN Or AGAWAM MAP E4,BLK Z LOT 3 CEMETERY 9K. 12193,PCL 81 MAP E3.EIUK� 2.LOT I 12260 -STR#2262 1-1 DO/. FIIO'F.50'1 SMF2265-\ StR#228a M 5ti:w STR!f2�1 2 STRII[2261 STRO2263 STR#2264 I'THE LINE OF LOCATION AND flELD MONUMENTATION N 371.06 SHOWN HEREON WAS PROVIDED BY VANASSE HANCEN E 335065.357 E 342030.955 BRUSTUN,INC.(VHS� AND IS THE RESULT OF A nELD I SURVEY PERFORMED FOR NORTHEAST UTILITIES SERVICES NO VN 2 S TRACT 2 33 COMPANY(NU)DURING NOVEMBER M071THROUGH MARCH N/F WESTER14 MASS. OF 200&SAID UNE OF LOCATION SHOULD BE MONUMENTEO ELECTRIC COMPANY POST-CCN"UCT1ON,W NEEDED, MAP E3.BILK Z LOT 2 HAVEIBEEN COMPLLED LCI 16561. 2. TME PROPERTY LINES DIERMI) FROM VAMOUS SOURCES AND ARE NOT YO BE CONSTRUM AS BE3NG THE RESULT OF A FIELD SURVEY,NOR DO THEY REPRESENT A PROPERTY/130UNOARY OF41 ION. a THE TITLE REPORT FORR THE PROPERI WAS PROVIDED 8�THE LAW OFFICES OF DOUGLAS�I. 8 NER AND TYPICALLY COVERS THE LAST 5WO YEA&EASEMENTS Of RECORD THAT ARE PART OF THAT TITLE REPORT ARE I FGFNf) DEPICTED ON THIS PLOT TO THE EXTENT THAT THEIR &P. ANGLE POINT WMECO,EXISTING EASEMENT LOCATIONS CAN BE DEIERM:NED.OTHER CASEMENTS N/F NOW OR FORMERLY OUTSIDE THE SCOPE OF THE TITLE REP04T WAY EXIST. sy� $QLARE!FEET 4' SOME INFORMATION SHOWN HEREON IS BASED ON A -SIR# TOWER W/STRUCTURE NUMBER f I PLAN ENTITLED*TRANSMlS-qOf4.RiGHr 9�.WAY PLAN CT-M* BORDER TO SOUIT14 AGAWAM SUBSTATIO".DATED MAY 100'TUIINER FALLS ELECTRIC(AA/A WMECO1 2008, I_-100'.SHEET 16 AND 17.PREPARED 13Y VH8 FOR WMECO DUSTING EASEMrNT REFE EASEMENT LINE OLUCLL NU. BK.1221.PC.404 WMECO PROPOSED I EASEMEJ47 UME I S. PLANIMETRICS DEPICTED ON THI! N ARE BASED POWER At ELEC7RTC(AA(/A VtVECO) UPON AERIAL LIOAA MAPPING PERFORMED BY OPTIMAL LINE OF LOCATION GEOMATICS(2007)AND PROYM BY VAEI. PROPERTY LINE EX. 1213, PG.178 1 WMECO EXISTING t WWECO PROPOSED EASEMENJ 6.HORIZONTAL DATUM 15 BASED ON MASSACHUSETTS EASEMENT AREA IOW THE WWTAGUE COMPANY(A/IKIA WMECO) MAINLMD NAD 83 MD COORDINATE MTEW AND WAS EASEMENT RFFrRENCF, DETERMINED USING HORIZONTAL CONTROE PROVIDED To WMECO PROPOSED UK. 1221. PC. 276 VHB BY NU. EASEMENT AREA DETAIL A SCALE.I'-w I CERTIFY THAI THIS PLAIN COWORMS TO THE RULES AND UINE LIST(TRAC-q HO. REGUI-ATMNS OF THE REGISTERS OF DEEBS.AND THE PROPERTY rtheast Utilities Service Co. LIES SH WN ARE THE LINES OF EXISTING OVmERSmP.AND THE LWS OFG=AND WAYS ARE THOSE OF PUBLIC OR I PROP ERTY&EASEMENT INFORMATION 'C"M m..4m TUC=01"A"Y PRIVATE STREETS AND WAYS ALREADY ESTABLISHED. AND THAT 1 LOCAnok, SOUTH VESTFIELD STREET NO UNES FOR DrAsm OF EXISTING oviNstsw OR FOR NEW ECO PROPOSED EASEMENT 10-WIDE: ZaWft S.F,1 0.50 ACRIES ;HT OFF WAY P, AfJ WAYS ARE giowq��, GRAPHIC SCALE(FEET) ep 3w Im JWMECO EXIS71NG EASEMENIT IW WIDE.- -WGDDt S.F. 6.97 ACRES mmm EASOOn To BE ACOUM FROM TOWM 'C5P 11Y WES, MAWAC1CSETT5j1Q==CMftW To SCALE ONLY IF PLOTTED AT IS'X 24* COLER TOWN 'Or ^GAWAM ALL MEASUFMMMTS DMC7ED 00 THIS PLAN ARE COLAN TON 10 11 HAMPDCN COUNTY. MAffMACHLMEWS REFERENGED TO THE MASSACHUSETTS MAINLMO NAD S3 GRID COCIRDWATE SYSTEM USING A COU31NED FACTOR DAM OF'O.999963, DTVIDE"DISTANCE BY COMBINED FACTOIR r.- P,J6.tA.1(J.W RM 40765 TO CONVERT GRID DISTANM To GROUND DISTANCE. z- 0 4-�o 14EW i 7sa 345kV LINE UNE 1 150 ASCR 2_150 ASCR CONDUCTOR CONDUCTORS PROPOSED LAYO�E EXISTWG LAYOUT MAICT SORDER TO 1821 1 I&M EXISTING ANGLE LINE LINE STRUCTURE 2267 2.2 MILES EXISTING RIGHT-OF-WAY 100'MIN 0 LOOKING NORTHEAST w SIX to I.ExISTING RIGHT.OF WAY STING RIGHT-OF-WAY ADDITIONAL �100'Exl 10'RW 4T 1 w I ll(rF0Q0fT4OFWAY DRA XS-4 CONSTRUCTION SEQUENCE: NOTES: 1, REMOVEILX31INGLArTICESTRUCTURES I. REJAMEE=flmGLArrK*STRUCTuRr;riNccRRz)oR 2 IN$TALL NEW 34$n iSW CCUPOSITE S"tUCTURES 2 STRUICTURE HFKHM WERE DETERNINED FROM TYPCAL FOR Limt i70AxomEw34wczwuM. EXPFCTEDEPANS TOWER WIG�M ARE SUIJECT TO CK"M WrTH TME CCKN%fTKW OF FINAL OFSK;N s Norffieast low-, AMlW Utffities System norm CRTTERIA MM$PAN UNDER NOF54AL TENS" MA)(SPAN UNDER Hr.F4 TEMM TITLE LD= 1-�Ror. STRAIN 1.-� STRM GREATER SPRINGFIELD RELIABILITY PROJECT 115-EDW Or RM CLEARAPCE 871 a 9 PSF VM0 oncomwM N409PSFWM loNoqFwW2* PROPOSED CROSS SECTIONS 116-EDGE OF ROW CLEAPANC;E 7340236 PSF OMMME VAND 827 Q 25.0 PSF EXTREME WIND M 0 25 0 PSF DMIEME WIND ON 0 25 6 P&F DnWMt WIND RA/CT BORDER TO E3aSTING ANGLE STRUCTURE 226 345-EDGE OF ROW CLEARANCE 1003 0 94-BF MIND 113209WWM 1110 a 9 P&F WV0 1252 0 9 PSF W94D ENS-EDCWOF CILF-� 1843 0 2$a PSF REMEVIRV OtO a 25 8 PSF EXTREME WIND 917 0 25.6 PSF EXTREME Wilo 1061 a 25 0 PSF EXTREME VYINID BY J. LIGHTNER CHKD P-M. WILUAWS APP =APP KEY MA DATE 5/23/08 DATE DATE I DATE NOT M SCALE SCALE NONE MICROFILM DATE DWG, NO. XS-4 P.A. r EMIBIT D DRAFT PERMANENT A CCESS ROAD EASEMENT For consideration paid of Dollars ($XXX,000.00), the receipt and sufficiency of which are hereby acknowledged, the Town of Agawam, a municipal corporation with offices at 36 Main Street, Agawam, Hampden County, Massachusetts (the "Grantor"), hereby grant(s) to Westem Massachusetts Electric Company, a Massachusetts corporation having an office at Building 111, 4 Ih Floor, One Federal Street, Springfield, Massachusetts 01105, and to its successors, heirs, devisees, and assigns forever (the "Grantee"), the following perpetual, permanent, and, except to the extent hereinafter specifically set forth, exclusive rights and easements in, on, over, under, across and upon the parcel of land described in Exhibit A attached hereto and made a part hereof (the "Easement Area") located in the Town of County of , Commonwealth of Massachusetts, for purposes of constructing and utilizing an access road to access the Grantee's electric transmission facility easement located on adjacent property at [OR, "located on other land of the Grantor"]. The Grantee shall have the right to cut and remove trees, brush, rocks, and other obstructions within the Easement Area, fill depressions, roughly grade the surface and, at the Grantee's sole option, pave the Easement Area for the purpose of constructing an access road. The Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of the rights and easements herein granted, including but not limited to the right to enter upon, travel and transport materials and equipment over and upon the Easement Area. The Grantor hereby reserves the right to use the Easement Area for any purposes which (i) do not interfere with the exercise of any of the rights and/or easements herein granted, and/or (ii) do not create a hazard, in each case as deten-nined by the Grantee in it sole and absolute discretion. The Grantor, by its granting of said easements and rights, and the Grantee, by its acceptance of same, hereby acknowledge, covenant and agree for themselves and their respective heirs, successors and assigns as follows: (a) the easements and other rights granted herein are intended to be permanent rights and easements for the benefit of Grantee, and its heirs, devisees, successors and assigns, and are to be fully apportionable and fully assignable or transferable, all or in part, without the need of any consent of the Grantor or the Grantor's heirs, devisees, successors and assigns', (b) the Grantor shall not erect any building or structure on, place or store any materials on, obstruct, grade, excavate, fill or flood the Easement Area, or otherwise use the Easement Area in any manner which (i) may interfere with the exercise of any of the rights and/or easements herein granted to Grantee or (ii) which may create a hazard, in each case as determined by the Grantee in its sole and absolute discretion; (c) no cessation of use of all or any portion of said easements or rights or of the Easement Area by Grantee shall be deemed an abandonment thereof resulting in the termination of any aspect of the easements and/or rights or of the Easement Area, unless the holder of same at the time of such cessation of use or operation releases, in a written instrument in recordable form, its rights in such easements and rights or in the Easement Area; (e) the Grantor shall not convey any new or additional easements to any third parties within or across the Easement Area which may (i) interfere with the exercise of any of the rights and/or easements granted herein without the Grantee's prior review and consent, and/or (ii) which may create a hazard, in each case as determined by the Grantee in its sole and absolute discretion; (f) this instrument may be amended or otherwise modified only by an instrument in writing executed by the Grantee and the then owner of record of the Easement Area and recorded with the Hampden County Registry of Deeds; and (g) the Easement Area, subject to the rights and easements granted herein, shall remain the property of the Grantor, its heirs, devisees, successors and assigns, and, as such, the Grantor, its heirs, devisees, successors and assigns, shall pay all real estate and other taxes assessed thereon and all assessments payable with respect thereto. The words "Grantor" and "Grantee" in this instrument are intended, where the context requires, permits or is appropriate to include the plural number as well as the singular and their heirs, devisees, executors, administrators, successors and assigns. TO HAVE AND TO HOLD the above granted and bargained rights and easements unto it, the said Grantee, its heirs, devisees, successors and assigns, forever.