TR-2011-66 TRANSFER OF LAND EASEMENT TO WMECO La
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TR-2011-66
A RESOLUTION AUTHORIZING THE TRANSFER OF LAND IN THE FORM OF AN
EASEMENT TO WMECO (WESTERN MASSACHUSETTS ELECTRIC COMPANY)
Sponsored by: Mayor Richard A. Cohen
WHEREAS,WMECO,A certain parcel of land was taken by the Commonwealth of
Massachusetts on behalf of the Town of Agawam in 1986 (Parcel 3-8-T, line list 3035.01;
and
WHEREAS,the Commonwealth's taking on behalf of the Town of Agawam did not
preserve an overhead easement that previously existed on parcel 3-8-T line list 3035.01; and
WHEREAS,an overhead easement is necessary for the construction of transmission lines;
and
WHEREAS, the appraised value of the land being transferred in the form of an easement is
appraised at rive thousand three hundred dollars and no cents. ($5300.00); and
WHEREAS,Western Massachusetts Electric Company will pay the Town of Agawam Five
thousand three hundred dollars and no cents as consideration for the granting of an
easement for the above mentioned parcel of land; and
WHEREAS,it is in the Town of Agawam's best interests to accept consideration and grant
the transfer of an easement to Western Massachusetts Electric Company; and ,
WHEREAS, the Agawam City Council has authority pursuant to Section 15 of-Chapter 40
to approve such a transfer;
NOW THEREFORE, be it resolved by the City Council of the City of Agawam thV,
approves the foregoing transfer of Land in the Form of an easement to WMECO pmuant
to Section 15 of Chapter 40 of the General Laws of Massachusetts.
Dated this 17V\- day of I�Toju
1201A, FZ
D..
PER ORDER OF THE AGAWAM CITY COUNCIL
IASI
Donal&lff"kheault,P q sijVnt,Agawam City Council
WP PROVE AS TO FORM AND LEGALITY Dq
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In C
incent ia,City Solicitor
Easement to WMECO Greater Springfield Reliability Project
Parcel No.3035.01
ELECTRIC TRANSMISSION EASEMENT & RIGHT OF WAY
For consideration paid of Five Thousand Three Hundred Dollars ($5,300.00), the
receipt and sufficiency of which are hereby acknowledged, the Town of Agawam, with a
usual address of 36 Main Street, Agawam, 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 Tennis Road in the Town of
Agawam, Hampden 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 usefW 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
Easement to WMECO 3035 0 LDOC Page I of 5
Easement to WMECO Greater Springfield Reliability Project
Parcel No.3035,01
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
and from the Easement Area.
The casements 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 casements 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 casements 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 casements 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 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, devisces, successors and assigns,
shall pay all real estate and other taxes assessed thereon and all assessments
payable with respect thereto; and
Easement to WMECO 3035 0].DOC Page 2 of 5
Easement to WMECO Greater Springfield Reliability Project
Parcel No.3035.01
(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) 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 pen-nits 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.
IN WITNESS WHEREOF we have hereunto set our hands and seals this
day of 2011.
L.S.
Richard A. Cohen
Mayor, Town of Agawam
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF HAMPDEN, SS
On this day of 2011, before me, the undersigned notary public,
personally appeared Richard A. Cohen, Mayor, Town of Agawam, proved to me through
personal knowledge to be the person whose name is signed on the preceding or attached
documents, and acknowledged to me that he signed it voluntarily for its stated purpose.
Before me,
Notary Public
My Commission Expires:
Easement to WMECO 3035 0].DOC Page 3 of 5
Easement to WMECO Greater Springfield Reliability Project
Parcel No.3035.01
EXHIBIT A
Easement from the Town of Agawam to Western Massachusetts Electric Company
(WMECO)
The Right of Way herein described is one hundred fifty (150) feet wide and covers any
land or interest therein owned by the Grantor within fifty (50) feet measured at right
angles to and westerly of, and within one hundred (100) feet measured at right angles to
and easterly of the following described Line of Location, whether such Line of Location
is, at the point opposite such land, on said land, on the highway or on the land of some
other party.
Said Line of Location runs N I 6'52'05"F, across various land owners to an angle point in
said Line of Location; thence N06'l 8'04"W four thousand three hundred thirty-two and
twelve hundredths (4332.12) feet across various land owners, land now or formerly of
Agawam Real Estate, Tennis Road, land of the Grantor, and Henry Bodurtha Highway
(State Route 57) to a point; thence, N06'06'59"E across various land owners. Said Line
of Location is to be monumented post construction, if needed.
The above bearings are referred to the Massachusetts Mainland State Plane Coordinate
System, North American Datum of 1983.
The Right of Way is more clearly designated and defined by a map entitled:
"Right of Way Plan Showing Easement to be Acquired from the Town of Agawam by
Western Massachusetts Electric Company, Town of Agawam, Hampden Coun!Y,
Massachusetts", Scale I"=80' Date. 10/28/11, drawing No. 76075-3035.01- a copy of
which map has been filed in the Hampden County Registry of Deeds in Book Page
All capitalized terms used in this Exhibit A will have the meanings ascribed to them in
the Easement to which this Exhibit is attached.
For title reference to the easement area, see taking deed from the Commonwealth of
Massachusetts on behalf of the Grantor dated August 28, 1986 and recorded with the
Hampden County Registry of Deeds in Book 6206, Page 179.
Easement to WMECO 3035 OLDOC Page 4 of 5
Easement to WMECO Greater Springfield Reliability Project
Parcel No.3035.01
EXHIBIT A-1
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Easement to WMECO 3035 OLDOC Page 5 of 5
MAYORAL ACTION
Received this day of� ! 2012 from Council Clerk.
A n da 0�
Signed by Council President this day of ' 2012.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga �Yharter, as
ided I hereby approve the passage of the above legislation on this day of
2012.
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
, 2012 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF L GISLATION TO COUNCIL CLERK
Returned to Council Clerk this If day o 2012.
TR-2011-66
A RESOLUTION AUTHORIZING THE TRANSFER OF LAND IN THE FORM OF AN
EASEMENT TO WMECO (WESTERN MASSACHUSETTS ELECTRIC COMPANY)
Sponsored by: Mayor Richard A. Cohen
WHEREAS,WMECO,A certain parcel of land was taken by the Commonwealth of
Massachusetts on behalf of the Town of Agawam in 1986 (Parcel 3-8-T,line list 3035.01;
and
WHEREAS, the Commonwealth's taking on behalf of the Town of Agawam did not
preserve an overhead easement that previously existed on parcel 3-8-T line list 3035.01; and
WHEREAS,an overhead easement is necessary for the construction of transmission lines;
and
WHEREAS,the appraised value of the land being transferred in the form of an easement is
appraised at five thousand three hundred dollars and no cents. ($5300.00); and
WHEREAS,Western Massachusetts Electric Company will pay the Town of Agawam Five
thousand three hundred dollars and no cents as consideration for the granting of an
easement for the above mentioned parcel of land; and
WHEREAS, it is in the Town of Agawam's best interests to accept consideration and grant
the transfer of an easement to Western Massachusetts Electric Company; and
WHEREAS, the Agawam City Council has authority pursuant to Section 15 of Chapter 40
to approve such a transfer;
NOW THEREFORE, be it resolved by the'City Council of the City of Agawam that it
approves the foregoing transfer of Land in the Form of an easement to WMECO pursuant
to Section 15 of Chapter 40 of the General Laws of Massachusetts.
Dated this day of 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL tc-,)
>C-)
Donald M Rheault,President,Agawam City Council
WPROVE AS TO FORM AND LEGALITY
incent cia,City Solicitor
Easement to WMECO Greater Springfield Reliability Project
Parcel No.3035.01
ELECTRIC TRANSMISSION EASEMENT & RIGHT OF WAY
For consideration paid of Five Thousand Three Hundred Dollars ($5,300.00), the
receipt and sufficiency of which are hereby acknowledged, the Town of Agawam, with a
usual address of 36 Main Street, Agawam, 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 Tennis Road in the Town of
Agawam, Hampden 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 conu-nunications 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 Tight 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 shafl not apply to any area
which at the time of exercising such right is used for growing crops, other than trees, or
Easement to WMECO 3035 OLDOC Page I of 5
Easement to WMECO Greater Springfield Reliability Project
Parcel No.3035.01
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
and from the Easement Area.
The casements 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 casements 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 casements and other rights granted herein are intended to be permanent
and perpetual rights and easements for the benefit of Grantee, and its heirs,
devisecs, 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 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
Easement to WMECO 303 5 0 1.DOC Page 2 of 5
Easement to WMECO Greater Springfield Reliability Project
Parcel No.3035.01
(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,%Nrill not be unreasonably withheld,
and/or (ii) 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 pen-nits 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.
IN WITNESS WHEREOF we have hereunto set our hands and seats this
day of 2011.
L.S.
Richard A. Cohen
Mayor, Town of Agawam
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF HAMPDEN, SS
On this day of 2011, before me, the undersigned notary public,
personally appeared Richard A. Cohen, Mayor, Town of Agawam, proved to me through
personal knowledge to be the person whose name is signed on the preceding or attached
documents, and acknowledged to me that he signed it voluntarily for its stated purpose.
Before m c,
Notary Public
My Commission Expires:
Easement to WMECO 3D35 0 LDOC Page 3 of 5
Easement to WMECO Greater Springfield Reliability Project
Parcel No.3035.01
EXHIBIT A
Easement from the Town of Agawam to Western Massachusetts Electric Company
(WMECO)
The Right of Way herein described is one hundred fifty (150) feet wide and covers any
land or interest therein owned by the Grantor within fifty (50) feet measured at right
angles to and westerly of, and within one hundred (100) feet measured at right angles to
and easterly of the following described Line of Location, whether such Line of Location
is, at the point opposite such land, on said land, on the highway or on the land of some
other party.
Said Line of Location runs N16'52'05"E across various land owners to an angle point in
said Line of Location; thence N06'18'04"W four thousand three hundred thirty-two and
twelve hundredths (4332.12) feet across various land owners, land now or formerly of
Agawam Real Estate, Tennis Road, land of the Grantor, and Henry Bodurtha Highway
(State Route 57) to a point; thence, N06'06'59"E across various land owners. Said Line
of Location is to be monurnented post construction, if needed.
The above bearings are referred to the Massachusetts Mainland State Plane Coordinate
System, North American Datum of 1983.
The Right of Way is more clearly designated and defined by a map entitled:
"Right of-Way Plan Showing Easement to be Acquired from the Town of Agawarn by
Western Massachusetts Electric Company, Town of Agawam, Hampden County,
Massachusetts", Scale 1"=80' Date: 10/28/11, drawing No. 76075-3035.01- a copy of
which map has been filed in the.Hampden County Registry of Deeds in Book _ Page
All capitalized terms used in this Exhibit A will have the meanings ascribed to them in
the Easement to which this Exhibit is attached.
For title reference to the casement area, see taking deed from the Commonwealth of
Massachusetts on behalf of the Grantor dated August 28, 1986 and recorded with the
Hampden County Registry of Deeds in Book 6206, Page 179.
Easement to WMECO 3035 0 LDOC Page 4 of 5
Easement to WMECO Greater Springfield Reliability Project
Parcel No.3035.01
EXHIBIT A-1
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Easement to WMECO 3035 0 LDOC Page 5 of 5