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TR-2010-33 STORM DRAINS 1 PZ a o/o a J 7140j, TR.2010.SS A RESOLUTION ACCEPTING AN EASEMENT FOR STORM DRAINS BY JOE TIRONE PURSUANT TO MASSACHUSETTS GENERAL LAWS CHAPTER 40, SECTION 14 FOR THE TOWN OF AGAWAM (SPONSORED BY MAYOR RICHARD A. COHEN) WHEREAS, the Tirone Development Corporati on, through -its treasurer, Giuseppe Tirone, and president, Geraldine Tirone, has generously granted easement through its Pine Street property, located in Agawam, Massachusettoor.&W P'0 installation of a storm drain; i:1F WHEREAS, the easement is necessary for the appropriate locatioA construction of said storm drain, WHEREAS, the storm drain will protect the health, safety, and welfare the general public; WHEREAS, the easement constitutes an interest in real estate; WHEREAS, it is in the best interest of the Town of Agawam to accept the easement for a storm drain from Tirone Development Corporation; and NOW THEREFORE, the Agawam City Council hereby resolves pursuant to M.G.L. ch. 40, §14 to accept the easement from Tirone Development Corporation and that the Mayor is empowered to execute all necessary documents in order to effectuate the completion of the transaction, DATED THIS (fl'�_DAY OF 2010. -'Al"' PER ORDER OF THE AGAWAM CITY COUNCIL Cz Dona��eaul , President AP R ED TO FORM AND LEGALITY V_Ece4F._CRo`scia, Solicitor MAYORAL ACTION Received this day of 42jq�kj 2010 from Council Clerk. Signed by Council President this to -dayof !�aj 32010. AIPPROVAL 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 day of (-IA i 1 2010. Richard A. Cohen, 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 passage of the above legislation on this day of 2010 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this --dayof �Ljlj 2010. TR-20110-,�S A RESOLUTION ACCEPTING AN EASEMENT FOR STORM DRAINS BY JOE TIRONE PURSUANT TO MASSACHUSETTS GENERAL LAWS CHAPTER 40, SECTION 14 FOR THE TOWN OF AGAWAM (SPONSORED BY MAYOR RICHARD A. COHEN) WHEREAS, the Tirone Development Corporation, through its treasurer, Giuseppe Tirone, and president, Geraldine Tirone, has generously granted an easement through its Pine Street property, located in Agawam, Massachusetts, for the installation of a storm drain; WHEREAS, the easement is necessary for the appropriate location and construction of said storm drain; WHEREAS, the storm drain will protect the health, safety, and welfare of the general public; WHEREAS, the easement constitutes an interest in real estate; WHEREAS, it is in the best interest of the Town of Agawam to accept the easement for a storm drain from Tirone Development Corporation; and NOW THEREFORE, the Agawam City Council hereby resolves pursuant to M.G.L. ch. 40, §14 to accept the easement from Tirone Development Co.rporation and that the Mayor is empowered to execute all necessary documents in order to effectuate the completion of the transaction. DATED THIS DAY OF 12010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald Rheaul President AP R ED TO FORM AND LEGALITY Ace4 F.-C-i6`scia, Solicitor 1�j TOWN OF AGAWAM GRANT OF STORM DRAINAGE EASEMENT The Tirone Development Corporation, a business headquartered at 36 Canterbury Lane, Feeding Hills, Massachusetts, for good and valuable nonmonetary consideration, the sufficiency of which is hereby acknowledged Grants to the TOWN OF AGAWAM, a municipal corporation located in the County' of Hampden with its principal office at 36 Main Street in said Agawam, Massachusetts, the following described easement for public purposes in Agawam Massachusetts, to wit: BEING an easement for the purposes of constructing, repairing and maintaining a pen-nanent storm drainage easement necessary for public convenience and health over a parcel herein described, said easement and right of way over said parcel to be an easement together with the right to enter with men, equipment, machinery and material to construct drainage facilities, landscape, alter grades and slopes, to move or remove any structures, together with the right to inspect, repair, maintain, and improve said storm drainage facilities, including the right to trim, and remove any and all trees and shrubbery located on the land within said easements, and do any and all other things reasonably necessary for construction and maintenance of said storm drainage easement. SAID storm drainage easement is shown on a plan entitled "Storm Drainage Extension Plan," which was prepared for Joe Tirone, Moore Street, Agawam, MA dated May 12, 2010. The description of the land over which the storm drainage easement is granted is more particularly bounded and described as follows: 0 z Beginning at a point at the southeasterly comer of Parcel B as shown on aforementioned easement plan: N 33' 02' 04" E for a distance of 103.59 feet along Pine Street thence; S 59c, 3 V 15"E for a distance of 20.02 feet thence; S 33' 20' 04" W for a distance of 84-59 feet thence; S 56' 39' 56" E for a distance of 150.77 feet thence; S 27' 41' 05" W for a distance of 20.10 along property N/F Roy thence, N 56' 39' 56" W for a distance of 172.75 feet along property. Executed as a sealed instrument this day of 2010. Geraldine Tirone, President of Tirone Development Corporation Giuseppe Tirone, Treasurer of Tirone Development Corporation Witness COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss Date: On this day of 2010, before me, the undersigned notary public, personally appeared Geraldine Tirone proved to me through satisfactory evidence of identification, which were 3 to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose. Notary Public My Commission Expires: HAMPDEN, ss Date: On this _ day of 2010, before me, the undersigned notary public, personally appeared Giuseppe Tirone proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose. Notary Public My Commission Expires: rN WITNESS WHEREOF, the Agawam City Council has accepted the rights conveyed hereby and Mayor Richard A. Cohen, Mayor of Agawam, has signed and acknowledged this instrument on behalf of the Town of Agawam and shall cause it to be recorded with the Hampden County Registry of Deeds on behalf of the City of Agawam, Massachusetts, on this day of_, 2010. By: Mayor HAMPDEN, ss Date.- On this day of 2010, before me, the undersigned notary public, personally appeared Mayor Richard A. Cohen to me through satisfactory evidence' of identification, which were . to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose. Notary Public My Commission Expires: