HomeMy WebLinkAbout1 Ocean St RA 2006 002
1
EASEMENT
The Town of Barnstable, a Massachusetts municipal corporation, with an address of 367
Main Street, Hyannis, MA 02630, hereinafter “Grantor,” acting by and through its Town
Council,
in consideration of less than One Hundred Dollars ($100.00) paid,
grants to Hibel Realty LLC, a Massachusetts Limited Liability Corporation, with a
mailing address of 7 FANEUIL HALL MARKETPLACE 3RD FL, BOSTON, MA
02109, hereinafter “Grantee,”
with QUITCLAIM COVENANTS,
a perpetual, non-exclusive right of way and easement to pass and repass by vehicular
traffic, for parking, or otherwise to utilize within the land area more particularly
described below for all purposes for which ways are now or may customarily be used in
the Town of Barnstable.
The area in which the aforesaid right of way and easement is granted, (“Easement Area”),
is the land, a municipal parking lot, owned by the Grantor at 25 Ocean Street, Hyannis,
containing approximately 27007 sq ft, shown as Parcel 261 on Barnstable Assessors Map
327.
The land to which the foregoing right of way and easement is appurtenant is the land of
the Grantee at 337 and 345 Main Street, Hyannis, consisting of approximately 18, 550 sq
ft, Land Court Certificate of Title # 169924, shown on Barnstable Assessor’s Map 327 as
Parcels 111& 112 and Land Court Plans 15379A & 15853C,
The right of way and easement shall be for the benefit of the Grantee, its successors and
assigns, licensees, tenants and invitees including the general public.
With respect to said right of way and easement hereby conveyed the Grantor, and the
Grantee by its acceptance hereof, hereby for its successors and assigns hereby agrees as
follows:
(a) Neither Grantor nor Grantee shall obstruct or permit the obstruction of the Easement
Area, whether by the parking of vehicles or otherwise;
(b) The Grantee shall perform its share of maintenance (including snow removal), repair
and replacement of the Easement Area; (TO BE NEGOTIATED)
(c) The Grantee by its acceptance of this easement agrees to indemnify and hold the
Grantor harmless from and against any and all loss, costs, expense, damage and
reasonable attorney fees arising in connection with any damage which may at any time be
caused to the Easement Area herein described by the exercise of Grantee’s rights
hereunder.
2
For title reference of the Grantor see Land Court Certificate of Title No.17405.
Executed as a sealed instrument this ______ day of ______________, 2006.
TOWN OF BARNSTABLE
TOWN COUNCIL
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS.
On this the_______day of________________, 2006, before me, the undersigned
notary public, personally appeared_______________________, proved 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 for its stated purpose.
______________________________
Notary Public
My commission expires:
1
EASEMENT
The Town of Barnstable, a Massachusetts municipal corporation, with an address of 367
Main Street, Hyannis, MA 02630, hereinafter “Grantor,” acting by and through its Town
Council,
in consideration of less than One Hundred Dollars ($100.00) paid,
grants to Hibel Realty LLC, a Massachusetts Limited Liability Corporation, with a
mailing address of 7 FANEUIL HALL MARKETPLACE 3RD FL, BOSTON, MA
02109, hereinafter “Grantee,”
with QUITCLAIM COVENANTS,
a perpetual, non-exclusive right of way and easement to pass and repass by vehicular
traffic, for parking, for drainage and discharge of stormwater from the adjacent proposed
development at 337 & 345 Main Street, or otherwise to utilize within the land area more
particularly described below for all purposes for which ways are now or may customarily
be used in the Town of Barnstable.
The area in which the aforesaid right of way and easement is granted, (“Easement Area”),
is the land, a municipal parking lot, owned by the Grantor at 25 Ocean Street, Hyannis,
containing approximately 27007 sq ft, Land Court Certificate of Title No. 17405, shown
as Parcel 261 on Barnstable Assessors Map 327,
The land to which the foregoing right of way and easement is appurtenant is the land of
the Grantee at 337 and 345 Main Street, Hyannis, consisting of approximately 18, 550 sq
ft, Land Court Certificate of Title # 169924, shown on Barnstable Assessor’s Map 327 as
Parcels 111& 112 and Land Court Plans 15379A & 15853C,
The right of way and easement shall be for the benefit of the Grantee, its successors and
assigns, licensees, tenants and invitees including the general public.
With respect to said right of way and easement hereby conveyed the Grantor, and the
Grantee by its acceptance hereof, hereby for its successors and assigns hereby agrees as
follows:
(a) Neither Grantor nor Grantee shall obstruct or permit the obstruction of the Easement
Area, whether by the parking of vehicles or otherwise;
(b) The Grantee shall perform its share of maintenance (including snow removal), repair
and replacement of the Easement Area; (TO BE NEGOTIATED)
(c) The Grantee by its acceptance of this easement agrees to indemnify and hold the
Grantor harmless from and against any and all loss, costs, expense, damage and
reasonable attorney fees arising in connection with any damage which may at any time be
caused to the Easement Area herein described by the exercise of Grantee’s rights
hereunder.
2
For title reference of the Grantor see Land Court Certificate of Title No.17405.
Executed as a sealed instrument this ______ day of ______________, 2006.
TOWN OF BARNSTABLE
TOWN COUNCIL
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS.
On this the_______day of________________, 2006, before me, the undersigned
notary public, personally appeared_______________________, proved 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 for its stated purpose.
______________________________
Notary Public
My commission expires:
1
EASEMENT
The Town of Barnstable, a Massachusetts municipal corporation, with an address of 367
Main Street, Hyannis, MA 02630, hereinafter “Grantor,” acting by and through its Town
Council,
in consideration of less than One Hundred Dollars ($100.00) paid,
grants to Hibel Realty LLC, a Massachusetts Limited Liability Corporation, with a
mailing address of 7 FANEUIL HALL MARKETPLACE 3RD FL, BOSTON, MA
02109, hereinafter “Grantee,”
with QUITCLAIM COVENANTS,
a perpetual, non-exclusive right of way and easement to pass and repass by vehicular
traffic, for parking, for drainage and discharge of stormwater from the adjacent proposed
development at 337 & 345 Main Street, or otherwise to utilize within the land area more
particularly described below for all purposes for which ways are now or may customarily
be used in the Town of Barnstable.
The area in which the aforesaid right of way and easement is granted, (“Easement Area”),
is the land, a municipal parking lot, owned by the Grantor at 25 Ocean Street, Hyannis,
containing approximately 27007 sq ft, shown as Parcel 261 on Barnstable Assessors Map
327.
The land to which the foregoing right of way and easement is appurtenant is the land of
the Grantee at 337 and 345 Main Street, Hyannis, consisting of approximately 18, 550 sq
ft, Land Court Certificate of Title # 169924, shown on Barnstable Assessor’s Map 327 as
Parcels 111& 112 and Land Court Plans 15379A & 15853C,
The right of way and easement shall be for the benefit of the Grantee, its successors and
assigns, licensees, tenants and invitees including the general public.
With respect to said right of way and easement hereby conveyed the Grantor, and the
Grantee by its acceptance hereof, hereby for its successors and assigns hereby agrees as
follows:
(a) Neither Grantor nor Grantee shall obstruct or permit the obstruction of the Easement
Area, whether by the parking of vehicles or otherwise;
(b) The Grantee shall perform its share of maintenance (including snow removal), repair
and replacement of the Easement Area; (TO BE NEGOTIATED)
(c) The Grantee by its acceptance of this easement agrees to indemnify and hold the
Grantor harmless from and against any and all loss, costs, expense, damage and
reasonable attorney fees arising in connection with any damage which may at any time be
caused to the Easement Area herein described by the exercise of Grantee’s rights
hereunder.
2
For title reference of the Grantor see Land Court Certificate of Title No.17405.
Executed as a sealed instrument this ______ day of ______________, 2006.
TOWN OF BARNSTABLE
TOWN COUNCIL
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS.
On this the_______day of________________, 2006, before me, the undersigned
notary public, personally appeared_______________________, proved 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 for its stated purpose.
______________________________
Notary Public
My commission expires:
Date: August 4, 2006
To: Felicia Penn, Planning Board Chairwoman
From: Stephen Seymour, P.E., Chief Engineer Growth Management
Subject: Retail and Residential Development – Hibel Realty
I have reviewed the plans dated February 17, 2006 as revised August 1, 2006 and I have the
following minor comments regarding changes that I recommend be made to the plans:
Layout Plan C3 – The notation for bollards should be removed from the southwest corner
of the parking lot. The imprint should be extending from the lading zone to the crosswalk
and northerly along the edge of the proposed traveled area of the lot to the northern
property line to delineate the pavement area. Curbing should be installed along the
westerly side of the lot where needed except at the access to the bandstand, the ramps
to the village green, and the area of sheet flow to the rain gardens.
Grading Plan C4 – Remove reference to sign R7-8 and substitute reference to special
HCP sign on detail sheet C8. Location, number and dedication to the building of
handicapped parking spaces are being discussed with the architect.
Utility Plan C5– Add to note about gas and underground utilities that locations are subject
to approval of the Town.
It appears that a catch basin and associated piping may need to be installed on Ocean
Street adjacent to the new curb. The grading plan indicates a flat gutter on Ocean Street.
The time to add a catch basin to avoid puddles in Ocean Street is now along with the
installation of the curbing and sidewalk along the front of the parking lot.
Detail Sheet C8 – Handicapped parking sign should not be placed in a concrete footing.
The concrete footing will be difficult to replace if the post is damaged. Post should be
galvanized and powder coated black in conformance with Town of Barnstable downtown
standrds. References to ADS or HDPE should be removed all pipe to be RCP class 5.
Fire Access Plan - Sheet C9 – I recommend that the dumpster be placed in the
westernmost space on the line of parked cars on which it is shown. This location will
facilitate pickup of the dumpster as well as make access to the abutting properties easier
for fire trucks and other large equipment.
Signage and Landscaping Plans will need to be approved by the Town. Additional
signage anticipated includes information sign indicating the parking lot is “Public Parking
Ocean Street Downtown Lot” with an arrow pointing into the entrance. Signs at the exit
should have a no left turn sign. If lot is metered signs indicating location of pay station is
needed.
The Town of Barnstable
Growth Management Department
367 Main Street, Hyannis, MA 02601
Office: 508-862-4678 Ruth J. Weil, Director
Fax: 508-862-4782