TR-2012-20 STORM EASEMENT RALPH E. STREET TR-2012- 20
A RESOLUTION ACCEPTING AN EASEMENT FOR STORM DRAINS
FROM RALPH E. STREETO
(SPONSORED BY Mayor Richard A. Cohen)
WHEREAS, Ralph E. Streethas granted an easement through his Kanawha
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 Ralph E. Streete; and
NOW THEREFORE, the Agawam City Council hereby resolves to accept the
easement from Ralph E. Streete.
DATED THIS 17* DAY OF A-PIZI L 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher,C. Joh ro n, President
ffPROVED S TO FORM AND LEGALITY
vJ
i Solicit( C-')
incen ioscia, Solicitor C�
>CD
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NJ C-')
C� M
A TOWNOFAGAWAM '
A Department of Public Works
1000 Suffield Street - Ag awarn, MA 01001
Tel (413) 82'10600 - Fai (413) 8210631
Christopher J. Golbs - Superintendent
MEMORANDUM
To: Vincent Gioscia
CC.- File
From: Engineering Division
Date: January 31, 2012
Subject: Drainage Easement -#58 Kanawha Avenue
The Town owned drainage structures located at #58 Kanawha Avenue were found to be in a state of disrepair.
The Agawam DPW has previously installed new drainage structures at the above mentioned property in order to
correct this problem. The installation of said structures requixed the removal of a large tree that had grown into
the drainage swale located on the property and was restricting flow within the existing drainage pipe. The
Town of Agawam is rcquesfmg a drainage easement at #58 Kanawha Avenue for the purpose of performing
future maintenance of the drainage structures and installing any other improvements that may be needed.
If you have any questions please do not hesitate to contact this division.
Sincerely,
Nfichael F. Albro, P.E. gichelle C- Chase, P.E.
Assistant Town Engineer Town Engineer
iAc045 hp hood solay developinent-369 main sutcAmemo I.dac
TOWN OF AGAWAM
GRANT OF
STORM DRAINAGE EASEMENT
1, Ralph E. Streete, residing at 58 Kanawha Street, Agawam, MA, for
consideration of less than one hundred dollars, the sufficiency of which is hereby
acknowledged.
Grant to the TOWN OF AGAWAM, a municipal corporation located in the
County of Harnpden 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
permanent 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 easement, and do any and a other things reasonably
necessary for construction and maintenance of said storm drainage easement.
Said easement area is described as:
Beginning at a point on the northeast comer of land now or formerly owned by Ralph
Streetc on the edge of the southern Right of Way for Kanawha Avenue running:
thence S15'38'56"W for a distance of forty-three and 27/100 (43.27)feet, thence
N45032'04"W for a distance of fifty-eight and 53/100 (58.53) feet, thence N21'40'14"W
for a distance of eighteen and 94/100 (18.94) feet, thence S74'21'04"E for a distance of
sixty-two and 76/100 (62.67) along the southern Right of Way of Kanawha Avenue to the
starting point,
For my title see deed from Theodore Tabin and Charlotte A. Tabin to Ralph E.
Streete dated January 28, 2000 and recorded in the Hampden County Registry of Deeds
in Book 11080, Page 36.
Executed as sealed instrument this day of 2012.
Witness Ralph E. Streete
COMMONWEALTH OF MASSACH'USETTS
HAMPDEN, ss Date:
On this day of 2012, before me, the undersigned notary
public, personally appeared Ralph E. Streete 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
signed.it voluntarily for its stated purpose.
Notary Public
My Commission Expires:
IN 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 2012.
By:
Richard A. Cohen
Mayor
COMMONWEALTH OF MASSACHUESTTS
HAMPDEN, ss
On this days of June, 2012, before me the undersigned notary public,
personally appeared Mayor Richard A. Cohen to me through satisfactory evidence of
identification, which were , the be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose.
Notary Public
My Commission Expires:
ANDERSON ASSOCIATES
$74'43'34'E LAND SuRvEYOR, LAND
PLANNING CONSULTANT,
SITE DESIGN
Lot C 375 WAI.NUT STREET EXTENTION
A- A
13,548 cf. P.O. BOX Ja2
el AGAWAM, MASSACHuSETTs oiocl
c�
lel. 413 525-4145
Faw 413 273-1776
-a a
a,
PLAN OF DRAINAGE
z EASEMENT TO BE
ACQUIRED BY THE
TOWN OF AGAWAM
D,.�."E-=-t
I�F— r
To-bf Aq.-m—
WM 100.00
NIII-21-D4
PREPARED FOR:
K A N A W H �A S T R E E T
40' Public RolPh E. Streete
58 Kanowho Street
Agaworn, MA
—7 1 report that this pion sho-s (he NO, OA Tr DIESCRIPRON
property tines that art the sine* of TIVS 134,1 prepared In dccordans;P
existing o.?jejshP2, and the Jin� of -1th tl�w rule% Ord regutationg oF
street&and e,Qys sh*-n or* those the Registry oF Deeps,
of Public or pwimte streCIS w ways
already astowlshel, 4;rM4J no now lines Datel
fee dr-is�an of ilxl3th�g "nersh�p Deed Book 1100 Pogo 36
or for mew woy3 are snawn. Plan Book 141 Page 62
Dole: SCALE: 1 30' =DAM-November. 2011
GRAPHIC SCALE
DRAVKNC NO.
IN FM
I Imb- 30 M
MAYORAL ACTION
Received this day of 2012 from Council Clerk.
Signed by Council President this day of Ok 2012.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga arter, as
d hereby approve the passage of the above legislation on this T"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 LEGISLATION TO COUNCIL CLERK
� I
Returned to Council Clerk this day of, jj ' 2012.
TO-2012-20
AN ORDER GRANTING AN APPLICATION FOR ABATEMENT,
REDETERMINATION, EXTENSION OR DEFERRAL OF SEWER
BETTERMENT ASSESSMENT REQUESTED BY MICHAEL C. AND D6NNA
M. DAVIS FOR THE PROPERTY LOCATED AT
582 SOUTH WESTFIELD STREET, FEEDING HILLS, MA.
WHEREAS, pursuant to Section 175-14 of the Code of the Town of Agawam,
the Agawam City Council is charged with acting on applications for abatement,
redetermination, extension or deferral of sewer betterment assessments;
WHEREAS, Michael C. and Donna M. Davis have submitted the attached
application for redetermination of the sewer betterment assessment on their property
located at 582 South Westfield Street, Feeding Hills, MA. (Parcel ID E5-1-2);
NOW THEREFORE, pursuant to Section 175-14 of the Code of the Town of
Agawam, the Agawam City Council hereby grants the requested redetermination of the
sewer betterment assessment by Michael C. and Donna M. Davis for their property
located at 582 South Westfield Street, Feeding Hills, MA. (Parcel ID E5-1-2)
Dated this -day of 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
ArIRVJED TKO ZFORM AND LEGALITY
Vin'cent'FlOi-ekcia, City Solicitor
ABATEMENT, REDETERMINATION, EXTENSION OR DEFERRAL
OF SEWER ASSESSMENT
1, (We), the undersigned, owner(s) of property at L-in �U_�F (address,)
hereby apply for an abarernent, redetermination, exLei?sion or deferral of the s_
sewer assessment against my (our) property. 7his. property is that described in a deed recorded in
the Hampden County Registry of Deeds, Book _ Page �'_�___ or in Land Court
Certificate NUmber P"C'I 'I �) 1� 0 5,0f ooc�a-
1, (We) hereby certify that the property or owner(s) against which the assessment was issued
conforms to one of the following requirements as incl�cated,
(Check Applicable Box)
A developed parcel which cannot oe served by a gravity connection between the btjM�nq
sewer and public sewer. Documentation of Me cost of providing a purnp or similar device to
d)scharge wastewater into the 'public sewer is attached. An abatement of a portion of the
assessment may be made in this instance,
The number of potential units On developed or undeveloped' property detErmined to be
abutting the sewer 'is less than assessed. The number Of units assessed was '— ---=
and the number of units should be __(�) . information supporting this request is
attached. A redetermination of assessment may be made in this instance.
C1 Potential units assessed are subject to a conservation restriction as defined in Chapter 184,
Section 31, of 'he General Laws. In this instance the tirne for payment of the assessment
may be extended without interest.
Potenual units assessed are subject to an agricultural preservabon restriction as defined in
Chapter 184, Section 31 of Lhe General Lav,,s- In this instance the tirne for payment of the
assess ment may be extended withoui: interest.
Poten0al units are wiLhin a parce) of undeveloped land in agriCUILural use. In this instance
the time for paynnent of the as5essnient may be extended subject to annual payment of
interest.
Potential units �!--e w�thin undeveloped land iii use other than agricultural, In this instance
the payment ol' a percentage of the assessment may be ey�ended subject to annual
Payment of interest.
Potential units are on a sewered street. In this instance the payment of a percentage of the
assessment may be exzended Subject to annual payment of interest,
Owner(s) of the property are 65 years of age or older. In this instance total assessment
can be deferred subject to the provisions of Section 13B of Chapter 80 of the Generai Laws
with regard to deferral and recovery agreements.
Signa re(s) of roperty owners
TR-2012- 20
A RESOLUTION ACCEPTING AN EASEMENT FOR STORM DRAINS
FROM RALPH E. STREET
(SPONSORED BY Mayor Richard A. Cohen)
WHEREAS, Ralph E. Street has granted an easement through his Kanawha
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 Ralph E. Streete; and
NOW THEREFORE, the Agawam City Council hereby resolves to accept the
easement from Ralph E. Streete.
DATED THIS DAY OF 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher,C. Johnson, President
PPPROVED S TO FORM AND LEGALITY
Solicitc
incen �'idscia, Solicitor
V I/Q I /-V 14 1 e 4 v r 0%A 141JO41voil qJ VVZ/VVz
A TOWNOFAGAWAM
%10 Donartment of Public Works
1000 Suffield Street - Agawam, MA 01001
Tel (413) 8210600 - Fax (413) 8210631
Christopher J. Golba - Superintendent
MEMORANDUM
To: VM' cent Gioscia
CC: File
From: Engineering Division
Date; January 31, 2012
Subject: Drainage Easement -#58 Kanawha Avenue
The Town owned drainage structures located at #59 Kanawha Avenue were found to be in a state of disrepair,
The Agawam DPW has previously installed new drainage stiuctures at the above mentioned property in order to
correct this problem. The installation of said structures required the removal of a large tree that had grown into
the drainage swale located on the property and was restricting flow within the existing drainage pipe. The
Town of Agawam is requesting a drainage easement at #58 Kanawha Avenue for the purpose of performing
fature maintenance of the drainage structures and installing any other improvements that may be needed.
If you have any questions please do not hesitate to contact this division.
Sincerely,
d'�
Michael F. Albro,.P.E.OeA�'Plr Nichelle C.JChase,PY.E- Oa
Assistant Town Engineer Town Engineer
aAcc\345 hp hood solar developmcni-369mainsatct\snerno Ldoc
TOWN OF AGAWAM
GRANTOF
STORM DRATNAGE EASEMENT
1, Ralph E. Streete, residing at 58 Kanawha Street, Agawam, MA, for
consideration of less than one hundred dollars, the sufficiency of which is hereby
acknowledged.
Grant 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 casement for public purposes in Agawam,
Massachusetts, to wit:
BUNG an easement for the purposes of constructing, repairing and maintaining a
permanent storm drainage easement necessary for public convenience and health over a
parcel herein described, said casement and right of way over said parcel to be an
casement 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 night to trim, and remove any and all trees and shrubbery
located on the land within said easement, and do any and all other things reasonably
necessary for construction and maintenance of said storm drainage easement.
Said casement area is described as:
Beginning at a point on the northeast comer of land now or formerly owned by Ralph
Streete on the edge of the southern Right of Way for Kanawha Avenue running:
thence S 1503 8'56"W for a distance of forty-three and 27/100 (43.2 7) feet, thence
N45'32'04"W for a distance of fifty-eight and 53/100 (58.53) feet, thence N21040'14"W
for a distance of eighteen and 94/100 (18.94) feet, thence S74021'04"E for a distance of
sixty-two and 76/100 (62.67) along the southern Right of Way of Kanawha Avenue to the
starting point.
For my title see deed from Theodore Tabin and Charlotte A. Tabin to Ralph E.
Streete dated January 28, 2000 and recorded in the Hampden County Registry of Deeds
in Book 11080, Page 36.
Executed as sealed instrument this day of 2012.
Witness Ralph E. Strecte
COMMONWEALTH OF MASSAC14USETTS
HAMPDEN, ss Date:
On this day of 2012, before me, the undersigned notary
public, personally appeared Ralph E. Streete 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
signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires:
IN 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 2012,
By:
Richard A. Cohen
Mayor
COMMONWEALTH OF MASSAC14UESTTS
HAMPDEN, ss
On this days of June, 2012, before me the undersigned notary public,
personally appeared Mayor Richard A. Cohen to me through satisfactory evidence of
identification, which were , the be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose.
Notary Public
My Commission Expires:
ANDERSON ASSOCIATES
S74'W347 LAND SURVEIrDR. LAND
IOD,W PLANNING CONSULTANT,
SITE DESIGN
-AA
Lot C 375 WALNUT STREEI EXTENTION
13,54a &f, P.O� BOX 382
Ai;AWAM. MASSACHUSETTS 01001
Tc4. 413 525-045
16 Fox 413 273-1776
M
PLAN OF DRAINAGE
EASEMENT TO BE
z
ACQUIRED BY THE
4n
TOWN OF AGAWAM
"W 100.00.
1%174-�I'04-w
KANAWH�A S T R E E T PREPARED FOR:
40* Public Way Ralph E. Streete
53 Kanawha Street
Agowam, MA
NO.I DA 1'r DESCRIP ROM_
I repart that this plan sha,w% the
property tines Mal are the lines of Th;s plan p�epared in aceordanCr
e-isting a-rlerzhip3. and the Ifines at Fth tPW lutes and rWotions of
I treelt and ways shown or* tho.v the Rrglgtr�y of Der(IS,
.1 public or P,�Ie streets or �ay-s
already esloWlshed, and no new lines Dmte:
far diAs;on of eAsting ownership Deed Book 11080 Page 36
or fw now w" we ihown. Plan Book t41 Pege 62
Date; SCALE:1" 30' DAM November. 2011
GRAPHIC SCALE
and i;;, Y�r
DRAWING NO.
I j�A. 3D rL