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Home My Public Portal About2017-06-06 - Easement for Electrical Equipment at 85-87 Union Street TOWN OF 1630 WATERTOWN Office of the Town Manager Administration Building _ - - 149 Main Street Watertown,MA 02472 Phone:617-972-6465 M VAW.watertown-ma.gov Michael J.Driscoll townmer@vatertown-ma.eov Town Manager - - To: Honorable Town Council From: Michael J. Driscoll, Town Manager Date: June 2, 2017 RE: Agenda Item—An Order Accepting an Easement for Electrical Equipment at Property Located at 85-87 Union Street Attached please find correspondence from Katherine Lord Klein, Esquire, KP Law, regarding the proposed grant of an easement to the Town at the property located at 85-87 Union Street. As indicated in Ms. Klein's correspondence, the proposed grant of easement from Dieter Affeln and Maria Affeln(the"Owners")to the Town of Watertown upon the Owners' property identified as 85-87 Union Street (the"Owners' Property"). The Owner's Property is located at the southeast comer of, and is contiguous to, Casey Park. The Town requires an easement on the Owners' Property to install, operate and maintain underground transmission equipment from a pole, located within the layout of Capital Street, across the southwest corner on the Owner's Property,to an electrical box within Casey Park. The Owners have agreed to donate the easement, shown as"Utility Easement" on the enclosed plan entitled "Proposed Utility Easement Plot Plan Dieter&Maria Affeln," dated May 2017, prepared by CDM Smith, The Recreation Director supports the Town Council action granting the Easement, which is needed for safety and security reasons. As noted, the Easement will be donated to the Town, for the benefit of the Town. Therefore, given the above, I respectfully request the attached Order be placed on the June 6, 2017 Special Town Council Agenda. Thank you for your consideration in this matter. cc: Peter Centola, Recreation Department Director 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 Fax:617.6541735 The Leader in Public Sector Law w .k-plaw.cont June 2, 2017 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 for Casey Park(85-87 Union Street) Dear Mr. Driscoll: I am writing to you regarding the proposed grant of an easement from Dieter Affeln and Maria Affeln (the "Owners") to the Town of Watertown upon the Owners' property identified as 85-87 Union Street (the"Owners' Property"). The Owners' Property is located at the southeast corner of, and is contiguous to, Casey Park. The Town requires an easement on the Owners' Property to install, operate and maintain underground transmission equipment from a pole, located within the layout of Capitol Street, across the southwest corner of the Owner's Property, to an electrical box within Casey Park. The Owners have agreed to donate the easement, shown as "Utility Easement" on the enclosed plan entitled "Proposed Utility Easement Plot Plan Dieter&Maria Affeln," dated May 2017, prepared by CDM Smith. Enclosed please find a proposed Town Council Order and a proposed Grant of Easement from the Owners to the Town (the"Easement"). The Recreation Director supports the Town Council action granting the Easement, which is needed for safety and security reasons. 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/jsh Enc. cc: Director of Community Development &Planning Recreation Director 584277AVATR/0018 KP Law,P.C. I Boston • Hyannis • Lenox • Northampton •Worcester T \ z_ I \ , mo N 'PROX//dAlE PROP�j77Y /„. / UTILITY \ \ EASEMENT w� x I 03 .a \ \ \ \ I w� 50 �r o¢ 0 o \ \ a 6O \ o \ wJ N I w3 20' 10�0 20 � �a I 00 e a I CDMFigure No. 1-PROPOSED UTILITY EASEMENT PLOT PLAN Smith DIETER &BMARIAOOK AFFELN 85 UNION STREET, BOOK 3743-544 MAY 2017 Town Council TOWN OF WATERTOWN ADMINISTRATION BUILDING-WATERTOWN,MA 02472-4410 (617)972-6470-FAX(617)972-6485 ORDER# 0-2017- AN ORDER ACCEPTING AN EASEMENT FOR ELECTRICAL EQUIPMENT AT PROPERTY LOCATED AT 85-87 UNION STREET WHEREAS, the City known as the Town of Watertown is undertaking improvements to Casey Park, located at 124 Watertown Street, Watertown; and WHEREAS, in order to improve safety and security at Casey Park, the Town desires to place certain underground electrical equipment and related appurtenances, commencing at Pole "UPWLT 12" located within Capitol Street, in,upon and under a portion of property known as 85-87 Union Street, in the area shown as"Utility Easement" on a plan entitled"Proposed Utility Easement Plot Plan Dieter&Maria Affeln,"dated May 2017 (the "Utility Easement Premises"), a copy of which is attached hereto. NOW THEREFORE BE IT ORDERED, that the Town Council of the City known as the Town of Watertown hereby accepts the Utility Easement Premises, on the terms and conditions as set forth in the Grant of Easement conveying the Utility Easement Premises to the Town of Watertown. AND FURTHER,that the Town Council hereby authorizes the Town Manager to execute the Acceptance to the Grant of Easement conveying the Utility Easement Premises to the Town of Watertown. 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 June_, 2017. Marilyn Pronovost, Council Clerk Mark S. Sideris, Council President o c�i IOf. a LLo �' � APPROXl7/.7Tf P (o) �_ a rg 34 rz .. 414y T 0F ,.,. aw I 10 \ UTILITY I \ \ EASEMENT w o I Oi�FR M I y� LLO , O I 4W1� WO \J W23 nPi � 1 1 / , = 20' 53T7 10�0 20 I _ 'v I CDFigure No. 1-PROPOSED UTILITY EASEMENT PLOT PLAN Smith DIETER &BOOK 4 AFFELN 85 UNION STREET, BOOK43743-544 MAY 2017 Grant of Easement Dieter Affeln and Maria Affeln (the "Grantors"), having an address of 85-87 Union Street, Watertown, Massachusetts 02472, for consideration paid of One Dollar($1.00), hereby grant, with Quitclaim Covenants,to the City Known as the Town of Watertown (the"Town"), having an address of Watertown Administration Building, 149 Main Street, Watertown, Massachusetts 02472, a non-exclusive,permanent easement, for the purposes as hereinafter stated, and say as follows: A. Grantors own in fee simple a parcel of land located at 85-87 Union Street, Watertown,Middlesex County,Massachusetts, more specifically described in a deed to the Grantors dated September 17, 2004,recorded with the Middlesex South District Registry of Deeds in Book 43743, Page 544 (the"Property"); and B. The Town has requested an easement from Grantors for the purposes of installing, constructing, operating, maintaining, inspecting, repairing and replacing equipment for the transmission of electricity, including, but not limited to,poles, conduits, cables, wires and related appurtenances, in,upon and under a portion of the Property, appurtenant to property of the Town, known as Casey Park; and C. Grantors are willing to grant such an easement to the Town, for and in consideration of One Dollar($1.00)paid by the Town to the Grantors at the time of execution hereof, but only upon the further terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the foregoing, and the mutual covenants, agreements and conditions set forth herein, the parties hereby mutually agree as follows: Grantors hereby grant to the Town, its successors and assigns, a non-exclusive, permanent easement to construct, reconstruct,repair, maintain, operate and inspect, for the transmission of high and low voltage electric current and for the transmission of intelligence and telephone use, facilities and lines to consist of, but not limited to: (A) one (1)pole with wires and cables installed thereon, and all necessary foundations, anchors, guys, braces, fittings, equipment and appurtenances, and (B)underground lines and conduits with other necessary apparatus and appliances, whether above ground or below ground, to include electric wiring, transformers and service connections, for the purpose of transporting electricity and for the communications purposes of the Town and its successors and assigns (hereinafter referred to as the"Facilities") over, across, under and upon a portion of the p r o p e rt y located at 85-87 Union Street, Watertown, Middlesex County,Massachusetts, shown as "Utility Easement"on the plan captioned"Proposed Utility Easement Plot Plan Dieter& Maria Affeln," dated May 2017, prepared by CDM Smith (the"Easement Area"), which plan is attached hereto as Figure No. 1, 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. 1 Grantors hereby further grant Town the right and easement, from time to time, without additional payment therefore,to pass and repass over, across and upon said land of the Grantors as is reasonable and necessary in order to renew,replace, repair, remove, add to, maintain, operate and inspect and otherwise change said "Facilities" and each and every part thereof and to make such other excavation or excavations as may be reasonably necessary in the opinion and judgment of the Town, its successors and assigns, and to clear and keep cleared the Easement Area and portions immediately adjacent to the Easement Area of such trees, shrubs, bushes, above ground structures, objects and surfaces, as may, in the opinion and judgment of the Town, interfere with the efficient and safe operation and maintenance of the Facilities. The Grantors agree not to erect or maintain within the Easement Area any building, permanent or temporary buildings, structures, objects or physical obstructions of any kind or nature whatsoever, including trees and shrubbery or to permit the same to be so erected or maintained, without the prior written consent of the Town. The Town covenants that, in the event the surface of the Easement Area is disturbed at any time and from time to time by the Town or any party acting on behalf of the Town, the Town, at its sole cost and expense and within a reasonable time thereafter, shall repair and restore the surface of the Easement Area, as nearly as possible, to the condition which existed prior to any such disturbance. The Grantors agree not to interfere with,nor grant any other easements, leases or licenses to the Easement Area which will interfere with the Town's perpetual easement on the Easement Area without the prior written consent of the Town. The Facilities and other appurtenances which are installed,constructed and maintained by the Town in the Easement Area shall at all times be and remain the property of the Town, and shall be maintained and serviced exclusively by the Town. The Grantors shall not be responsible for any maintenance or repair of the Facilities within the Easement Area, except that Grantors shall be responsible for repairing and restoring, at its sole cost and expense, any damage caused to the Facilities by the Grantors or their agents, representatives, invitees, successors and assigns. All rights and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto,their respective heirs, executors, administrators, successors, assigns and legal representatives. The Grantors agree that the Town may assign the rights granted pursuant to this Easement Agreement. The Acceptance of this easement by the Town is attached hereto and incorporated herein. For Grantors' title, see deed recorded with the Middlesex South District Registry of Deeds in Book 43743, Page 544. 2 I Executed as a sealed instrument this day of June, 2017. Dieter Affehi Maria Affeln COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On the_day of June, 2017, before me,the undersigned notary public,personally appeared Dieter Affeln,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. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On the_day of June, 2017, before me, the undersigned notary public,personally appeared Maria Affeln,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 she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 583283AVATR/0018 3 ACCEPTANCE The City Known as the Town of Watertown, by and through its Town Manager, accepts the foregoing Grant of Easement from Dieter Affeln and Maria Affeln, in accordance with Watertown Town Council Order 0-2017- this day of June, 2017. THE CITY KNOWN AS THE TOWN OF WATERTOWN By: Michael J. Driscoll, Town Manager Duly Authorized Approved as to form by Town Attorney: Mark R. Reich Town Attorney COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On the_day of June, 2017, 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 My Commission Expires: 4 Fieure No. 1 Utility Easement Plan m z jp lir /- Wr ♦rfa.[fr4r � Sv'r 'art f^� r-4ee(il4FF GAY !Y 0 0 UTILITY EASEMENT F rc 00 \ \ _N¢ 2 O� \ W� O Xw �m I N N F 1.. - 20' nNnof< 10 0 20 I s] l r, 30 CDFigure No. 1-PROPOSED UTILITY EASEMENT PLOT PLAN Smith 85 UNION STREET, & MARBOOK 4 AFFELN BOOK43743-544 MAY 2017