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Clark Ave Sewer Easement111111111 U11 1111 Bk: 8873Pg: 60 Page: 1 of 2 Recorded: 09/12/2006 10:36 AM SEWER EASEMENT Gf ~C`~K KNOW ALL MEN BY THESE PRESENTS, that NORTHAMPTON COMMUNITY AREA LAND TRUST INC., of 30 Market Street, Northampton, Massachusetts (hereinafter the "Grantor"), hereby grants, declares, transfers and delivers to the M City of Northampton, of 210 Main Street, Northampton, Massachusetts (hereinafter the -"Grantee") for consideration of one dollar ($1.00),'the following sewer easement (the a "Easement") for the purposes set forth below and as shown on a plan recorded with the Hampshire County Registry of Deeds, Plan Book 114, Page 97. N The Easement is hereby granted for the purpose of laying and maintaining a sewer line o for the benefit of the public. 0 P The Grantee shall have the right to enter upon said Easement to reconstruct, replace, maintain, inspect, operate,..repair and remove sewer pipes, sewer lines, manholes, and other structures and appurtenances previously installed within the Easement by the Grantee pursuant to z a taking, the instrument of which was recorded with the Hampshire County Registry of Deeds, Book 2219, Page 31 (the."Taking"). All work performed by the Grantee in said Easement shall a; be done in a good and skillful manner. The Grantor reserves the right to construct a retaining n wall or other site structures over the Easement as long as such construction does not interfere U) P °o with the normal operation of the sewer. In the event the Grantee must repair or replace any o 16 w sewer pipes, sewer lines, manholes, or other structures relating to the sewer line, Grantee shall o not be required to restore any retaining wall or other structure installed by Grantor in the U) Easement but Grantee shall otherwise use reasonable efforts to restore the Easement to its former 00 U) condition. The Grantee shall have all other rights and obligations set forth in the Taking. w The Grantor expressly reserves for itself all rights not otherwise granted to the Grantee hereunder or under the Taking. EXECUTED AS A SEALED INSTRUMENT this day of ' 2006. NORTHAMPTON AREA COMMUNITY LAND TRUST, INC. By: By: return try: Felid y Kalydee aulkley, Richardson and Geliawsj.V 15.00 Main Street, 'Suite 2700 Spririgfield, MA 01115-5507 Hampshire, ss. On this 1 day of , 2006, before me, the undersigned notary public personally appeared Joanne Campbell proved to me through satisfactory evidence of identification, which were peilt-,A~/MA drivers' license (circle one), to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose as President of Northampton Area Community Land Trust, Inc., a corporation. O.vARYOtilI/~ i Notary Public CO~LjT99Y PUBvaG C commission expires: • t}1 COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. COMMONWEALTH OF MASSACHUSETTS C~ On this day of 2006, before me,,the undersigned notary public personally appeared John Poirier, proved to me through satisfactory evidence of identification, which were pomem&,~/MA drivers' license (circle one), 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 as Treasurer of Northampton Area Community Land Trust, Inc., a corporation. YON., d ~ : pal JP'R 2p -~,oi•.-~ VmQ ~o9in. :ALL V v cp0TARY r/~~~SAruUS~\\\ ®~O ISSfp•- ~i NRYpo BCD: _ ///~SArfat,;SE~ 4 \ , Notary Public 4y commission expires. -a-~J AT-TEST:...8.0 HIRE, A~ dj q _ ~ EO IS?' EPA - M&RIANNE L. DON0HU3 Recorded: 09/12/2006 10:36 AM CITY OF -NORTHAMPTON MASSACHUSETTS July 20, 2006 -9. q, C. Upon the recommendation of Office of Planning and Development and City Councilor David Narketivicz .0,/.Q r BE IT RESOLVED WHEREAS, the city holds a sewer easement across land of the Valley Community Development Corporation/Northampton Community Land Trust off of Clark Avenue; and WHEREAS, revisions to the easement will clarify the intent of the easement, protect the City's interests, and allow the property owner to use the easement area for parking; and WHEREAS, the final easement language would be approved by the Department of Public Works before recorded; NOW, TBEREFO BE IT RESOLVED, The City Council hereby authorizes the Mayor to accePt a sewer easement to cross said property. Return r .FeNcitly y a Bulkley, Richardson and 0a)" 1500 Plain Street., Suite 2 00 Springfiefa, MA 01115-5507 In City Council, August 17, 2006 gqRules suspended, passed two readings and enrolled. Attest`'1/1~_A~,Y-J fplerk of Council Approved: Mary Clare Higgins, Mayor A true copy. ATTEST: FF IYPSHIFE,