Budget Amendment ID: FY2016-S3-10

OTH 10

Eastham/High School Easement

Mr. Wolf moved that the proposed new text be amended by adding the following new section:

Section XX.  The Nauset Regional School District (hereinafter, the "District") may grant to the Town of Eastham (hereinafter, the "Town") a perpetual, assignable easement, to run with the land, over a certain parcel of land which is a portion of the land owned by the District and acquired for school purposes, located at 100 Cable Road, Eastham, Massachusetts and more particularly described in a deed recorded with the Barnstable County Registry of Deeds at Book 1393, Page 881.  The easement shall include the right in the Town to retain groundwater monitoring well(s) and drinking water supply wells on said parcel for all purposes and uses incidental thereto  along with any necessary appurtenances, may grant to the Town the rights of access, installation, operation, maintenance,  repair, removal and control thereof, as well as rights of entry upon and passage over the parcel from time to time for all purposes stated in the grant of easement and uses incidental thereto, and may grant to the Town all reasonable rights of ingress and egress across adjoining lands owned by the District as may be necessary for the exercise of the  rights granted. The Town shall indemnify and hold harmless the District from and against any loss, damage or liability arising out of the Town's exercise of the rights and easement, and shall provide to the District, potable water needs for ninety-nine (99) years at no additional cost. The easement shall be subject to the right expressly reserved by the District to continue to use the parcel for all purposes not adverse to the rights granted by this Act.

The easement is shown on a plan of land entitled "Plan of Utility Easement at Nauset Regional High School" prepared by: Coastal Engineering Company, dated October 28, 2011 to be recorded in the Barnstable County Registry of Deeds.