TR-2015-38 EASEMENT FOR STORM DRAINS - KINSLEY -. . ns(
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TR-2015- 3 1
A RESOLUTION ACCEPTING AN EASEMENT FOR STORM DRAINS
BY DONALD F. KINSLEY AND CAROL A. KINSLEY
PURSUANT TO MASSACHUSETTS GENERAL LAWS
CHAPTER 40, SECTION 14 FOR THE TOWN OF AGAWAM
(SPONSORED BY MAYOR RICHARD A. COHEN)
WHEREAS, Carol and Donald Kinsley has generously granted an easement
through their Raymond Circle property, located in Agawam, Massachusetts, for the
ingress and egress to maintain and access a swale and pump station;
WHEREAS, the easement is necessary for access to the drainage swale located
behind the Kinsley property and to repair and service the pump station;
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 Carol and Donald Kinsley; and
NOW THEREFORE, the Agawam City Council hereby resolves pursuant to
M.G.L. ch. 40, §14 to accept the easement from Carol and Donald Kinsley and that the
Mayor is empowered to execute all necessary documents in order to effectuate the
completion of the transaction.
DATED THIS� DAY OF . 2015.
PER ORDER OF THE AGAWAM Cl OUNCIL
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Chns opher C. son, President O �
A ROVED A O FORM AND LEGALITY wo
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Vincent F. Nkdcia, Solicitor pp T"b a'/
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MAYORAL ACTION
Received this day of 1/l t 2015 from Council Clerk.
Signed by Council President this 3 day of ' 2015.
APPROVAL OF LEGISLAUON
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agaw Charter, as
ended,I h y approve the passage of the above legislation on this day of
[ 2015.
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
, 2015 for the following reason(s):
Richard A. Cohen,Mayor
RETURN OF LEGISLATION TO COUNCM CLERK
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Returned to Council Clerk this 1 �h day of all til' 2015.
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TR-2015- 3 Y
A RESOLUTION ACCEPTING AN EASEMENT FOR STORM DRAINS
BY DONALD F. KINSLEY AND CAROL A. KINSLEY
PURSUANT TO MASSACHUSETTS GENERAL LAWS
CHAPTER 40, SECTION 14 FOR THE TOWN OF AGAWAM
(SPONSORED BY MAYOR RICHARD A. COHEN)
WHEREAS, Carol and Donald Kinsley has generously granted an easement
through their Raymond Circle property, located in Agawam, Massachusetts, for the
ingress and egress to maintain and access a swale and pump station,
WHEREAS, the easement is necessary for access to the drainage swale located
behind the Kinsley property and to repair and service the pump station;
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 Carol and Donald Kinsley; and
NOW THEREFORE, the Agawam City Council hereby resolves pursuant to
M.G.L. ch. 40, §14 to accept the easement from Carol and Donald Kinsley and that the
Mayor is empowered to execute all necessary documents in order to effectuate the
completion of the transaction.
DATED THIS DAY OF , 2015.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. hnson, President
A ROVED A O FORM AND LEGALITY
1
Vincent F. cia, Solicitor
THE LAW OFFICE OF JAMES E. BAKER, P.C.
James E. Baker, Esquire
570 Newton Street, P.Q. Box 825
South Hadley, Massachusetts 01075-0825
Telephone: 413-5 3 8-4046
Facsimile: 413-322-9415
Email: atiornevbaker a::comcast.net
Website: attorneyjamesebaker.com
Richard Cohen, Mayor
Town of Agawam
36 Main Street
Agawam, Massachusetts 01001
Re: 104 Raymond Circle Agawam, Massachusetts
Dear Mayor Cohen:
I represent Donald and Carol Kinsley. I am writing to outline my client's request with
regard to a title issue regarding the above-captioned property. As we discussed at our
meeting, my client owns one-half of the parcel shown on Plan of Land recorded in the
Hampden County Registry of Deeds in Plan Book 44, Page 45 shown as "reserved for
future street. Please a copy of the plan attached hereto as Exhibit "A" The "future street" is
located between lots 12 and 14" as shown on the attached Exhibit "A" and further shown
on the plot plan attached as Exhibit "B".
On occasion, the Town of Agawam DPW has used the above-described property
for access to service a pumping station located on a parcel adjacent to my client's
property. Y clients have a contract for the sale of the premises. The buyer's
counsel has questioned the status of the title based on the town's use of the
"future street"
Based on discussions with Vincent Goiscia and Michelle Chase , the parties have
proposed a resolution of the outstanding property rights by the grant of an easement from
my clients to the Town. The easement will provide access to service the pumping station
and the related infrastructure.
With these facts in mind, Attorney Goiscia and I have worked together to draft a proposed
easement which, if accepted by the Town, would resolve the outstanding title issue. A draft
of the easement is attached to this correspondence.
Thank you for your assistance and cooperation in this matter and please feel free
to contact me in the event you have any questions or are in need of any additional
information.
Very truly yours,
James E. Baker
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TOWN OF AGAWAM
GRANT OF EASEMENT
We, Donald F. Kinsley and Carol A. Kinsley, owners of property located at 104
Raymond Circle, Agawam, Massachusetts, 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 easement for public purposes in Agawam Massachusetts, to wit:
BEING an easement for the purposes of the right to use on-half of the street reservation
owned by Kinsley for the purpose of ingress and egress and to temporarily place backup pumps
and equipment to repair and service the pump station, as well as access to the swale for necessary
dredging. The Town shall be permitted to place and maintain the afore-said items for a
w reasonable period of time for public convenience and health over a parcel herein described, said
aeasement and right of way over said parcel to be an easement together with the right to enter with
men, equipment, machinery and material.
The description of the land over which the storm drainage easement is granted is more
particularly bounded and described as follows:
BEGINNING at an iron pin which'marks the Northeasterly corner of land of
Donald Kinsley and Carol Kinsley which parcel is shown as Lot 14 on a Plan of Land entitled
o "Revised Plan of Raymond Circle, Agawam, Mass., dated May, 1954" which Plan is recorded in
pq the Hampden County Registry of Deeds in Plan Book 44, Page 45.
z Thence running South 77' 10' 30" West along the Northerly boundary of Lot 14 on said
Plan, one hundred feet (100') to a point which marks the Northwesterly corner of Lot 14; thence
running
North 12' 49' 30" East a distance of twenty-five feet (25') to a point which marks the midway
point of the parcel as shown as "Reserved for Future Street",- thence running
North 771 10' 30" East one hundred feet (100') to a point in the Westerly line of Raymond
Circle; thence running
South 12'49' 30" East twenty-five feet (25") to the point of beginning.
Executed as a sealed instrument this day of , 2015.
Witness Donald F. Kinsley
Witness Carol A. Kinsley
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, ss , 2015
On this day of 2015, before me, the undersigned notary public,
personally appeared Carol A. Kinsley and Donald F. Kinsley proved to me through satisfactory
evidence of identification, which were , to be the persons whose
names are signed on the preceding or attached document, and acknowledged to me that they
signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires: