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HomeMy Public PortalAboutOnly Easement From MEWSBk 62 4 Pg: 417 20 3 001905 2 Bk: 82548 Pg: 417 Doo EASE Page: 1 of 4 08/29/2013 02:15 PM EASEMENT Vie i4 ►2_ sti S-. F/7 0).,,4✓'% oLY n ci .P o,J P7A 02-1/0 KNOW ALL MEN BY THESE PRESENTS that this Easement is granted as of the a1Q day of Au y1S 4- , 2013, by VRS/MCRT WATERTOWN MEWS LLC, a Delaware limited liability company, whose address is 15 New England Executive Park, Burlington, MA 01803 ("Grantor") to VERIZON NEW ENGLAND INC., a New York corporation, having its principal place of business at 125 High Street, Oliver Tower, Floor 7, Boston, Massachusetts 02110, with its successor and assign ("Grantee"). WHEREAS, Grantor owns in fee simple a certain parcel of land in the Town of `t Watertown, in the County of Middlesex, Commonwealth of Massachusetts, known as 1 Repton Drive and 2 Repton Circle, conveyed to Grantor in a Deed dated January 28, 2013, and recorded with the Middlesex South Registry of Deeds in Book 61068, Page f • 135, and shown as Lot 2 on a plan entitled "Plan of Land in Watertown, MA - 555 Pleasant Street" by Hancock Associates Civil Engineers dated May 12, 2008 recorded with the Middlesex South District Registry of Deeds as Plan 363 of 2010 (the "Premises"). NOW THEREFORE, in consideration of the sum of $ 1.00 Dollar, the receipt of which is hereby acknowledged, Grantor grants to Grantee, its successors and assigns, the 0- perpetual right and easement to construct, reconstruct, maintain, repair and relocate, access, operate, maintain and remove one (1) pole 16/69-1A ("Pole") with the anchors, guys and appurtenances along with cables, wires attached thereon, in the location shown 1n on the attached Easement Plan Verizon New England Inc. attached hereto, made apart hereof and recorded herewith (the "Easement Area"), for the distribution of intelligence and telecommunications, as Grantee and Grantor may from time to time desire. The right and easement above described and herein conveyed are intended to prohibit placement of surface structures in the Easement Area by others, including Grantor, which might damage or interfere with the operation and maintenance of Grantee's equipment without the prior written consent of Grantee, but is not intended to prohibit crossing and use of said Easement Area and Pole so long as such crossing and use do not interfere with or prohibit the full use and enjoyment of the easement herein granted. Grantee shall have the right of twenty-four (24) hour ingress and egress to the Easement Area and Pole, if necessary, for all of the aforementioned purposes. Bk: 62648 Pg: 418 Grantee shall have the right to connect such Pole, conduits, cables and wires within said Grantor's land with the poles, conduits, cables and wires which may be placed in public or private ways adjacent or contiguous to the aforesaid Premises. Pole, cables, wires and any and all appurtenances thereto shall remain the property of Grantee, their successors and assigns. Grantee shall install all equipment in conformance with Grantee's construction and installation standards, as issued by Grantee from time to time. All work by Grantee shall be done in a good and workmanlike manner by competent personnel or contractors, in conformity with all applicable permits, licenses, ordinances, laws and regulations, and free from any liens for labor or materials. Grantee shall be responsible for obtaining all applicable permits. Except in the event of an emergency, after the Premises are occupied by residents, prior to commencing any work on the Premises, Grantee shall endeavor to provide Grantor with such notice as may be practicable under the circumstances, which may consist of telephone or verbal notification. In the conduct of all work, Grantee shall not unreasonably interfere with Grantor's business, operations or access to the Premises. Upon request of Grantor, Grantee agrees to relocate the Easement Area(s) and all facilities thereon to another portion of Grantor's land, provided that (i) the proposed new easement area is reasonably adequate for Grantee's purposes and is mutually satisfactory to all parties; and (ii) Grantor shall pay all costs of such relocation and obtain all necessary permits and approvals therefore. It is understood that any damage to the Premises caused solely by Grantee shall be corrected by Grantee and that while constructing, reconstructing, relocating, replacing, operating, repairing, maintaining and removing its facilities Grantee shall save harmless and indemnify Grantor, its successors and assigns, from injury to its property, its residents and invitees or the public which may occur at any time caused solely by the negligence or willful misconduct of Grantee. Grantee shall not assign any of its right, title and interest in and to this Easement or the Easement Area except to an entity that purchases all or substantially all of its assets or that is successor by merger or restructure or recapitalization or to any affiliate or as required by applicable law. • Bk: 62642 Pg: 419 IN WITNESS WHEREOF, Grantor has hereunto set his/her hand and seal the day and year first written above. VRS/MCRT WATERTOWN MEWS LLC, a Delaware limited liability company By: MCRT Repton Place Phase II LLC, a Delaware limited liability company, its member By: Name: vgm"S O. La.,ver1" Title: avett. )mer4 Peroc e.4e Middlesex County, ss. On this day of ,i .1us r , 2013, before me, the undersigned Notary Public, personally appeared the above -named -1:4. b . Mamayfr, proved to me by satisfactory evidence of identification, being (check whichever applies): river's license or other state or federal governmental document bearing a photogr phic image, o oath or affirmation of a credible witness known to me who knows the above signatory, or o my own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by him/herfor its stated purpose. & JOSEPH G. BONANNO i Notary Public COMMONWEALTHCommission Fon pires MASSACHUSETTS My Commleslon Expires October 31, 2019 4,446 2013 10 issioli Expires: 0k: 82548 Pg: 420 Municipality Watertown Electric / Power Co. na EASEMENT PLAN Verizon New England Inc. No 6ABWRV Date 6-6-2013 Showing placement of 1 sole owned pole at 555 Pleasant St approx 20 feet north of P16/69 Pleasant St on private property 3 Repton PI 555 Pleasant St driveway to 555 PI Pleasant St p proposed placement of P16/69 -1A NI 0 tal sidewalk P16/69 ; 541 Pleasant St Prepared by 0 Proposed Verizon Pole Location a) O 560 Pleasant St DISTANCES SHOWN ARE APPROXIMATE Verizon Pole Location to be Abandoned Verizon Co. Pole Location to remain Proposed Joint Pole Location LEGEND 0 X Checked by Existing Joint Pole to Remain Power Co. Pole Location to be Abandoned Present Joint Pole Location to be Abandoned 0 Power Co. Pole Location to be Held Jointly Verizon Location to be Held Jointly Existing Verizon Manhole Location Proposed Verizon Manhole Location Existing Verizon Conduit Location Proposed Verizon Conduit Location Existing Verizon Conduit Location Proposed Verizon Buried Cable Location