HomeMy Public PortalAbout2016-08-09 Easement - 118 Arsenal Street TOWN OF
1630 WATERTOWN
Office of the Torun Manager
Administration Building
149 Main Street
' Watertown, MA 02472
Phone:617-972-6465
M r"rwmatertown-ma.gov
Michael J. Driscoll
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Town Manager
To: Honorable Town Council t
From: Michael J. Driscoll, Town Manager
Date: August 4, 2016
RE: Agenda Item—An Order Accepting an Easement for Traffic Signal Equipment at the
Intersection of Arsenal Street and Irving Street Upon Property of NStar Electric
Company d/b/a Eversource Energy and Authorizing the Town Manager to Accept the
Grant of Easement
Attached please find correspondence from Katherine Lord Klein, Esquire, KP Law, regarding the
proposed grant of an easement from NStar Electric Company d/b/a Eversource Energy to the
Town upon Eversource property located at the intersection of Arsenal Street and Irving Street.
As indicated in Ms. Klein's correspondence, the Town requires an easement on the Eversource
property to install and maintain traffic signal equipment. Eversource has agreed to donate an
easement. The Town Engineer supports the Town Council action granting the Easement, which
is needed for safe and orderly passage at the intersection.
Therefore, given the above, I respectfully request the attached Order be placed on the August 9,
2016 Town Council Agenda.
Thank you for your consideration in this matter.
cc: Gerald S. Mee, Jr., Superintendent of Public Works
Matthew Shuman, Town Engineer
Katharine L. Klein, Esquire,KP Law
Mark R. Reich, Esquire, KP Law
Steven Magoon, Director of Community Development and Planning/Assistant Town Manager
KP
LAW 101 Arch Street,Boston,MA 02110
Tel:617.556.00071 F=617.654.1735
Mlle Leader in Public Seelor Law w .k-plaw.cotn
August 3, 2016 Katharine Lord Klein
kklein@k-plaw.com
BY HAND
Mr. Michael J. Driscoll
Town Manager
Watertown Administration Building
149 Main Street
Watertown, MA 02472
Re: Grant of Easement/NStar Electric Comnanv at Arsenal Street and Iivina Street
Dear Mr. Driscoll:
I am writing to you regarding the proposed grant of an easement from NStar Electric Company
d/b/a Eversource Energy ("Eversource") to the Town of Watertown upon Eversource property located at
the intersection of Arsenal Street and Irving Street. The Eversource property is identified as 118
Arsenal Street, which is located at the northwest corner of the Arsenal Street and Irving Street
intersection. The Town requires an easement on the Eversource property to install and maintain traffic
signal equipment. Eversource has agreed to donate an easement, shown as "Proposed Permanent Signal
Easement 89 +/- S.F. 0,002 +/- Ae." on the enclosed plan entitled "Easement Plan of Land #118 Arsenal
Street & Irving Street Watertown, MA," dated February 29, 2016, prepared by SMC Surveying and
Mapping Consultants.
Enclosed please find a proposed Town Council Order and a proposed Grant of Easement from
Eversource to the Town (the `Basement').
The Town Engineer supports the Town Council action granting the Easement, which is needed
for safe and orderly passage at the intersection. As noted, the easement will be donated to the Town, for
the benefit of the Town. It is my recommendation that the Town Council vote to approve the Grant of
Easement, and authorize you to execute the document on behalf of the Town.
Please contact Mark Reich or me with any questions regarding this matter.
Very truly yours,
Katharine Lord Klein
KLK/ekh
Enc.
cc: Director of Community Development & Planning
Town Engineer
559986AVATR/0023
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Town Council
TOWN OF WATERTOWN
ADMINISTRATION BUILDING-WATERTOWN,MA 02472-4410
(617)972-6470-FAX(617)972.6485
ORDER# 0-2016-
An Order Accepting an Easement for Traffic Signal Equipment at the
Intersection of Arsenal Street and Irving Street Upon Property of NStar Electric
Company d/b/a Eversource Energy and Authorizing the Town Manager to
Accept the Grant of Easement
WHEREAS,NStar Electric Company d/b/a Eversource Energy ("Grantor") owns a
parcel of land located at 118 Arsenal Street, in Watertown, described in a deed to
Grantor dated January 11, 1968, recorded with the Middlesex South District Registry
of Deeds in Book 11454, Page 537, and re-recorded with said Registry of Deeds in
Book 11456, Page 443 (the"Grantor Property"); and
WHEREAS, the Town has requested from Grantor an easement upon the Grantor
Property for the purpose of installing, operating and maintaining traffic signal
equipment, said easement shown as "Proposed Permanent Signal Easement 89 +/-
S.F. 0.002 +/- Ac." on a plan entitled "Easement Plan of Land #118 Arsenal Street &
Irving Street Watertown, MA,"prepared by SMC Surveying and Mapping
Consultants, dated February 29, 2016, attached hereto as Exhibit A, and incorporated
herein (the "Plan"); and
WHEREAS, the Grantor is willing to grant the Town a perpetual easement, in gross,
upon the Grantor Property, to construct, operate, maintain, repair and replace traffic
signal equipment, as shown on the Plan, in the form of the Grant of Easement,
attached hereto as Exhibit B, and incorporated herein; and
WHEREAS, the Town is willing to construct, operate and maintain the traffic signal
equipment upon the Grantor Property, at the Town's sole cost and expense; and
WHEREAS, the Town Manager, under the Home Rule Charter of the City known as
the Town of Watertown, is charged with the responsibility for all Town property,
except school and library buildings and grounds.
NOW THEREFORE BE IT ORDERED: That, the Town Council of the City
known as the Town of Watertown does hereby vote to accept a perpetual easement, in
gross, upon the Grantor Property, for traffic signal equipment, in exchange for the
Town installing, operating and maintaining the traffic signal equipment, at it sole cost
and expense.
AND FURTHER, that the Town Council hereby authorizes the Town Manager to
accept a Grant of Easement, in the form attached hereto as Exhibit B.
Council Member
I hereby certify that at a regular meeting of the Town Council for which a quorum
was present, the above Order was adopted by a vote of_for,_against and_
present on August 9, 2016.
Marilyn W. Pronovost, Council Clerk Mark S. Sideris, Council President
Exhibit A
Plan
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Exhibit B
Grant of Easement
GRANT OF EASEMENT
This Grant of Easement (the "Agreement") is made as of the day of August, 2016,
by and between NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY f/k/a
BOSTON EDISON COMPANY, a Massachusetts corporation having its principal office at 247
Station Drive, Westwood, Massachusetts 02090 ("Grantor") and THE CITY KNOWN AS THE
TOWN OF WATERTOWN, a municipal association having its principal place of business at
149 Main Street, Watertown, Massachusetts 02472 ("Grantee").
Recitals:
A. Grantor owns in fee simple a parcel of land located at It 8 Arsenal Street, in Watertown,
Middlesex County, Massachusetts, more specifically described in the deed to the Grantor dated
January 11, 1968, recorded in the Middlesex South District Registry of Deeds in Book 11454,
Page 537, and re-recorded with said Deeds in Book 11456, Page 443 (the "Land");
B. Grantee has requested an easement from Grantor for purposes of constructing, operating
and maintaining traffic signal equipment over a portion of the Land for the safe and orderly
passage of vehicles and pedestrians;
C. Grantor is willing to grant such an easement to Grantee, for and in consideration of One
Dollar ($1.00) paid by the Grantee to the Grantor at the time of execution hereof, but only upon
the further terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the foregoing, the consideration paid by the
Grantee to the Grantor and the mutual covenants, agreements and conditions set forth herein, the
parties hereby mutually agree as follows:
1. Grant of Easement. Subject to Section 3 and the other terms hereof, Grantor hereby
grants to Grantee, its successors and assigns, an easement for the sole purpose of
constructing, installing, operating, maintaining, inspecting, repairing, replacing and
removing a traffic signal, post and controller cabinet, together with all fittings, equipment
and other fixtures and appurtenances necessary or useful in connection therewith,upon
and across a portion of Grantor's Land shown as "PROPOSED PERMANENT SIGNAL
EASEMENT 89+/- S.P. 0.002+/- AC." on the plan captioned"EASEMENT PLAN OF
LAND #118 ARSENAL STREET & IRVING STREET WATERTOWN, MA", dated
February 29, 2016 prepared by SMC Surveying and Mapping Consultants (the"Easement
Area"), which plan is attached hereto as Exhibit A, and incorporated herein, together with
the right to access the Easement Area with personnel, machinery, vehicles and materials
to perform all of the foregoing activities.
2. Reservation of Rights. Grantor hereby reserves to itself and its successors and assigns, the
right to the use and enjoyment of the Easement Area, including,without limitation, the
1
right to use the surface, subsurface and the area above the surface of the Easement Area
for any and all purposes that are not inconsistent with and do not unreasonably interfere
with Grantee's rights hereunder, including specifically the installation of any cables,
conduits, pipes or other appurtenances necessary or useful in the provision of electric
service by Grantor to its customers.
3. Construction Activities. Grantee hereby agrees that any construction or other activities
conducted by Grantee, its employees, agents, contractors and invitees within the
Easement Area pursuant to this Agreement shall be done in a good and workmanlike
manner and conducted in compliance with all applicable laws, ordinances or regulations,
and that Grantee shall obtain all licenses and permits required for the exercise of any
rights granted hereunder with respect to the Easement Area, and upon request, shall
provide copies of the same to the Grantor. Due to considerations of safety, and to avoid
potential interference by construction equipment with power lines and related structures,
prior to exercising any rights granted herein, Grantee shall notify Grantor's representative
(for this purpose, Director, Electric Operations, Robert Billet, at 617-429-7663) at least
seven (7) days prior to activity, to coordinate details of the construction activity. Upon
completion of any work done pursuant to this Agreement in the Easement Area, Grantee
shall promptly remove all unnecessary machinery, tools, equipment and materials from
such Easement Area.
4. Minimal Interference. In exercising its rights granted hereunder, Grantee shall not
unreasonably interfere with Grantor's operations on the remaining portions of the Land.
Grantee shall give Grantor prior notice of particularly heavy use of the Easement Area by
construction vehicles and the like. Grantee shall give Grantor prior notice as soon as
practicable to perform any construction, reconstruction, maintenance, repair, replacement
or relocation of equipment, except for routine maintenance not requiring excavation.
5. Release. To the extent permitted by law, Grantee shall indemnify, defend and hold
harmless Grantor, its successors and assigns, from and against any claim, cost, loss,
damage, expense or liability incurred by Grantor which may be asserted or instituted
against Grantor and which arises out of the use of the Easement Area by Grantee,
including without limitation for physical or property damage or injury resulting from the
negligence or willful misconduct of Grantee, its employees, agents and contractors in the
conduct of the work at the Easement Area or Grantor's Land pursuant to this easement.
6. Insurance. To the extent Grantee maintains commercial insurance, Grantee shall furnish
to the Grantor a certificate of public liability insurance naming the Grantor as an
additional insured thereunder, and thereafter, shall keep such insurance coverage in full
force and effect. Such certificate shall provide for thirty (30) days' advance notice to
Grantor in the event of cancellation of the insurance.
7. Maintenance. Grantee shall, at its sole cost and expense, maintain in good condition, the
Easement Area and all facilities installed thereon or therein, including the provision of all
safety and security during any period of construction or maintenance work.
2
8. Damage. Grantee hereby covenants and agrees that in the exercise of its rights and
casements hereby granted, it shall, at its own expense, repair, to the extent reasonably
practicable, any damage to the Land and any facilities of the Grantor located thereon that
may be caused by Grantee's activities under this Easement,
9. Ownership. The signal equipment and any fixtures associated therewith that may be
installed within the Easement Area pursuant to this Agreement shall remain the property
of, and solely the responsibility of the Grantee.
10. Severability. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall,to any extent, be declared invalid or unenforceable, then the
remainder of this Agreement or the application of such term or provision to other persons
or circumstances, other than those as to which it would become invalid or unenforceable,
shall not be affected thereby, and each term and provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
11. Headings. Headings are for reference and convenience only and shall not affect the
interpretation of this Agreement.
12. Governing Law. This Agreement and the performance hereof shall be subject to and
governed by the laws of the Commonwealth of Massachusetts.
13. Binding Effect. This Agreement shall be binding upon, enforceable by and against and
inure to the benefit of the parties hereto and their respective successors and assigns.
14. Filing. This Agreement shall be recorded with the Middlesex South District Registry of
Deeds.
15. Amendment. This Agreement may be amended only by the execution and recording of a
written instrument signed by the parties hereto.
16. Counterparts. This Agreement may be executed in any number of counterparts, which
together shall constitute one instrument.
Remainder of page intentionally left blank.
55998WAVATR/0023
3
Executed as a sealed instrument by an authorized signatory of Grantor and Grantee, respectively,
this_day of 2016.
NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE
ENERGY
By:
Name:
Title:
COMMONWEALTH OF MASSACHUSETTS
ss.
On the_day of 2016, before me, the undersigned notary public,
personally appeared proven to me through satisfactory
evidence of identification, which was , to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he/she
signed it voluntarily for its stated purpose, as an authorized signatory of NSTAR Electric
Company.
Notary Public of Massachusetts
My Commission expires:
4
ACCEPTANCE
The City Known as the Town of Watertown, by and through its Town Manager, accepts the
foregoing Grant of Easement from NSTAR Electric Company this_day of August, 2016.
THE CITY KNOWN AS THE TOWN OF
WATERTOWN
By:
Michael J. Driscoll, Town Manager
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On the day of August, 2016, before me, the undersigned notary public, personally
appeared Michael J. Driscoll, proven to me through satisfactory evidence of identification, which
was , 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 Town Manager of the City Known as the Town of Watertown.
Notary Public of Massachusetts
My Commission expires:
5
Exhibit A
Easement Plan
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GRANT OF EASEMENT
This Grant of Easement (the "Agreement") is made as of the day of August, 2016,
by and between NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY f/k/a
BOSTON EDISON COMPANY, a Massachusetts corporation having its principal office at 247
Station Drive, Westwood, Massachusetts 02090 ("Grantor") and THE CITY KNOWN AS THE
TOWN OF WATERTOWN, a municipal association having its principal place of business at
149 Main Street, Watertown, Massachusetts 02472 ("Grantee").
Recitals:
A. Grantor owns in fee simple a parcel of land located at 118 Arsenal Street, in Watertown,
Middlesex County, Massachusetts, more specifically described in the deed to the Grantor dated
January 11, 1968, recorded in the Middlesex South District Registry of Deeds in Book 11454,
Page 537, and re-recorded with said Deeds in Book 11456, Page 443 (the "Land");
B. Grantee has requested an easement from Grantor for purposes of constructing, operating
and maintaining traffic signal equipment over a portion of the Land for the safe and orderly
passage of vehicles and pedestrians;
C. Grantor is willing to grant such an easement to Grantee, for and in consideration of One
Dollar ($1.00) paid by the Grantee to the Grantor at the time of execution hereof, but only upon
the further terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the foregoing, the consideration paid by the
Grantee to the Grantor and the mutual covenants, agreements and conditions set forth herein, the
parties hereby mutually agree as follows:
1. Grant of Easement. Subject to Section 3 and the other terms hereof, Grantor hereby
grants to Grantee, its successors and assigns, an easement for the sole purpose of
constructing, installing, operating, maintaining, inspecting, repairing, replacing and
removing a traffic signal, post and controller cabinet, together with all fittings, equipment
and other fixtures and appurtenances necessary or useful in connection therewith, upon
and across a portion of Grantor's Land shown as "PROPOSED PERMANENT SIGNAL
EASEMENT 89+/- S.F. 0.002+/- AC." on the plan captioned `BASEMENT PLAN OF
LAND #118 ARSENAL STREET & IRVING STREET WATERTOWN, MA", dated
February 29, 2016 prepared by SMC Surveying and Mapping Consultants (the "Easement
Area"), which plan is attached hereto as Exhibit A, and incorporated herein, together with
the right to access the Easement Area with personnel, machinery, vehicles and materials
to perform all of the foregoing activities.
2. Reservation of Rights. Grantor hereby reserves to itself and its successors and assigns, the
right to the use and enjoyment of the Easement Area, including, without limitation, the
1
right to use the surface, subsurface and the area above the surface of the Easement Area
for any and all purposes that are not inconsistent with and do not unreasonably interfere
with Grantee's rights hereunder, including specifically the installation of any cables,
conduits, pipes or other appurtenances necessary or useful in the provision of electric
service by Grantor to its customers.
3. Construction Activities. Grantee hereby agrees that any construction or other activities
conducted by Grantee, its employees, agents, contractors and invitees within the
Easement Area pursuant to this Agreement shall be done in a good and workmanlike
manner and conducted in compliance with all applicable laws, ordinances or regulations,
and that Grantee shall obtain all licenses and permits required for the exercise of any
rights granted hereunder with respect to the Easement Area, and upon request, shall
provide copies of the same to the Grantor. Due to considerations of safety, and to avoid
potential interference by construction equipment with power lines and related structures,
prior to exercising any rights granted herein, Grantee shall notify Grantor's representative
(for this purpose, Director, Electric Operations, Robert Billet, at 617-429-7663) at least
seven(7) days prior to activity, to coordinate details of the construction activity. Upon
completion of any work done pursuant to this Agreement in the Easement Area, Grantee
shall promptly remove all unnecessary machinery, tools, equipment and materials from
such Easement Area.
4. Minimal Interference. In exercising its rights granted hereunder, Grantee shall not
unreasonably interfere with Grantor's operations on the remaining portions of the Land.
Grantee shall give Grantor prior notice of particularly heavy use of the Easement Area by
construction vehicles and the like. Grantee shall give Grantor prior notice as soon as
practicable to perform any construction, reconstruction, maintenance, repair, replacement
or relocation of equipment, except for routine maintenance not requiring excavation.
5. Release. To the extent permitted by law, Grantee shall indemnify, defend and hold
harmless Grantor, its successors and assigns, from and against any claim, cost, loss,
damage, expense or liability incurred by Grantor which may be asserted or instituted
against Grantor and which arises out of the use of the Easement Area by Grantee,
including without limitation for physical or property damage or injury resulting from the
negligence or willful misconduct of Grantee, its employees, agents and contractors in the
conduct of the work at the Easement Area or Grantor's Land pursuant to this easement.
6. Insurance. To the extent Grantee maintains commercial insurance, Grantee shall furnish
to the Grantor a certificate of public liability insurance narning the Grantor as an
additional insured thereunder, and thereafter, shall keep such insurance coverage in full
force and effect. Such certificate shall provide for thirty (30) days' advance notice to
Grantor in the event of cancellation of the insurance.
7. Maintenance. Grantee shall, at its sole cost and expense, maintain in good condition, the
Easement Area and all facilities installed thereon or therein, including the provision of all
safety and security during any period of construction or maintenance work.
2
8. Damage. Grantee hereby covenants and agrees that in the exercise of its rights and
easements hereby granted, it shall, at its own expense, repair, to the extent reasonably
practicable, any damage to the Land and any facilities of the Grantor located thereon that
may be caused by Grantee's activities under this Easement.
9. Ownership. The signal equipment and any fixtures associated therewith that may be
installed within the Easement Area pursuant to this Agreement shall remain the property
of, and solely the responsibility of the Grantee.
10. Severability. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be declared invalid or unenforceable, then the
remainder of this Agreement or the application of such term or provision to other persons
or circumstances, other than those as to which it would become invalid or unenforceable,
shall not be affected thereby, and each term and provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
11. Headings. Headings are for reference and convenience only and shall not affect the
interpretation of this Agreement.
12. Governing Law. This Agreement and the performance hereof shall be subject to and
governed by the laws of the Commonwealth of Massachusetts.
13. Binding Effect. This Agreement shall be binding upon, enforceable by and against and
inure to the benefit of the parties hereto and their respective successors and assigns.
14. Filing. This Agreement shall be recorded with the Middlesex South District Registry of
Deeds.
15. Amendment, This Agreement may be amended only by the execution and recording of a
written instrument signed by the parties hereto.
16. Counterparts. This Agreement may be executed in any number of counterparts, which
together shall constitute one instrument.
Remainder of page intentionally left blank.
559988v2AVATR/0023
3
Executed as a sealed instrument by an authorized signatory of Grantor and Grantee, respectively,
this day of . 2016.
NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE
ENERGY
By:
Name:
Title:
COMMONWEALTH OF MASSACHUSETTS
ss.
On the_day of 2016, before me, the undersigned notary public,
personally appeared proven to me through satisfactory
evidence of identification, which was , to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he/she
signed it voluntarily for its stated purpose, as an authorized signatory of NSTAR Electric
Company.
Notary Public of Massachusetts
My Commission expires:
4
ACCEPTANCE
The City Known as the Town of Watertown, by and through its Town Manager, accepts the
foregoing Grant of Easement from NSTAR Electric Company this day of August, 2016.
THE CITY KNOWN AS THE TOWN OF
WATERTOWN
By:
Michael J. Driscoll, Town Manager
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On the_day of August, 2016, before me, the undersigned notary public,personally
appeared Michael J. Driscoll, proven to me through satisfactory evidence of identification, which
was , 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 Town Manager of the City Known as the Town of Watertown.
Notary Public of Massachusetts
My Commission expires:
5
Exhibit A
Easement Plan
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