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Northhampton Easement park and ride ACCESS APPROACHDEED OF EASEMENT The Department of Veterans Affairs, acting for and in behalf of the United States of America, hereinafter referred to as the Government, under and by virtue of the authority contained in 40 United States Code 1314 (76 Stat. 1129), having determined that it will not be adverse to the interests of the United States, does hereby grant and convey, for and in consideration of one dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, without covenant or warranty of any kind and subject to the conditions hereinafter stated, unto City of Northampton, Whose address is City Hall, 210 Main Street, Northampton Massachusetts 01060, hereinafter referred to as the Grantee, its successors and assigns, an easement and right of way for the purpose of construction of a park and ride parking lot and accessories thereon, hereinafter referred to as "said facilities," to be on, over, under, across or through a portion of the VA Central Western Massachusetts Healthcare System, Northampton Campus, Leeds, Massachusetts , which the undersigned owns in the County of Hampshire, State of Massachusetts, as described on Exhibit "A," and depicted on Exhibit "B," attached hereto and made a part hereof. This 75 year Easement is granted subject to the following conditions and provisions: That the Government reserves unto itself rights for all purposes across, over, or under the easement area herein described; such rights, however, to be exercised in a manner which will not create undue interference with the use and enjoyment by the Grantee of said easement; provided, that any construction by the Government in connection with the rights so reserved shall be at the expense of the Government. That said facilities may be used by the publilc as a Park-and-Ride Lot, subject to whatever reasonable restrictions the Government adopts as to its use. Further, that the traffic controller on said facilities shall be installed, reconstructed, repaired, and replaced by the Grantee within the easement area without cost to the Government, under the general supervision and subject to the approval of the Government official having immediate jurisdiction over the property. The Grantee shall replace, repair, restore, or relocate any property of the Government affected or damaged directly or indirectly by the construction, reconstruction, installation, operation, maintenance, and replacement of said facilities all to the satisfaction of the Government official having immediate jurisdiction over the property. 3. No mining operations shall be conducted on the premises described above. No minerals shall be removed therefrom except such as are reasonably necessary incident to the utilization of the described premises for the purpose for which the easement is granted. That the Grantee shall name the Government as an other insured on its general liability insurance policy with a minimum $3,000,000. That all right, title, interest, and estate hereby granted shall cease and terminate effective as of the date of written notice from the Government to the Grantee, its successors or assigns, that there has been, (a) a failure to comply with the terms and conditions of the grant, (b) a nonuse of the easement for a consecutive two-year period for the purpose for which granted, or (c) an abandonment of the easement. That upon termination or forfeiture of the grant, the Grantee shall within a reasonable time thereafter, if so requested by the Government, remove from the land hereinafter described all structures, installations, and appurtenances thereto belonging to Grantee and restore the premises to the satisfaction of the Government. That no advertisements, commercial, political or otherwise, will be placed or allowed on the property. Directional signs to the Park-and-Ride Lot, however, subject to approval of the Government, shall be allowed. 8. The Grantee does, by the acceptance of this instrument, covenant and agree for itself, its assigns, and its successors in interest in property herein conveyed, or any part thereof: That it is now complying and will continue to comply with Title VI of the Civil Rights Act of 1964 and all the requirements imposed by or pursuant to the regulations of the Department of Veterans Affairs issued pursuant to that Title, and that the easement and its appurtenant areas and facilities, whether or not on the property herein involved, will be operated in full compliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Veterans Affairs and in effect on the date of this instrument, all to the end that no person in the United States shall on the ground of race, color, religion or national origin be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activities provided thereon; and, That the United States shall have the right to judicial enforcement of these covenants not only as to the Grantee, its successors and assigns, but also to lessees and sub-lessees and licensees doing business or extending services under contractual or other arrangements on the interest in property herein conveyed. IN WITNESS WHEREOF the Department of Veterans Affairs has caused this Deed of Easement to be executed in its name and on its behalf this Day of , 2012. UNITED STATES OF AMERICA, Acting by and through the Secretary, Department of Veterans Affairs By Jessica Kaplan Director, Real Property Service CITY OF WASHINGTON ] DISTRICT OF COLUMBIA ] ON THIS day of , 2012, before me a Notary Public in and for said District of Columbia, personally appeared to me, Jessica Kaplan, well known and known by me to be Director, Real Property Service, whose name is subscribed to the within instrument and acknowledged that he executed the same as a voluntary act and deed of the United States of America, within the scope of his lawful authority. [SEAL] Notary Public District of Columbia My commission expires: CERTIFICATE , certify that I am the of named as Grantee herein; that I have accepted this easement on behalf of the Grantee, and that the said easement was duly signed for in behalf of by authority of its governing body and within the scope of its powers. Signature: Printed Name: LEGAL DESCRIPTION FOR PARK AND RIDE EASEMENT A certain parcel of land situated at the access road to the VA Medical Center on the northwesterly side of North Main Street (aka Route 9) in the City of Northampton, Hampshire County, Commonwealth of Massachusetts; said parcel being a portion of the land now or formerly of United States Veterans Administration. The above described parcel of land contains an area of 157,450 Square Feet, more or less, or 3.165 Acres, more or less, and is more particularly shown as “PARK AND RIDE EASEMENT” on a plan entitled “Plan of Land, North Main Street in Northampton, Massachusetts, Hampshire County,” dated August 9, 2012 and prepared by BSC Group, Inc. Our approach is usually just to cite the survey, which reduces the chance for error. If having the description is important to the VAMC, we don’t have any objection (and I will then proof this in detail). Page 1 of 1 Page 1 of 2 4/2/2012 Page 3 of 4 Page 2 of 4 Page 3 of 4 EXHIBIT "A" Page 4 of 4 EXHIBIT "A" Page 4 of 4 EXHIBIT "A" EXHIBIT "B" EXHIBIT "B"