AN ACT AUTHORIZING THE TOWN OF MIDDLEBOROUGH TO GRANT CERTAIN EASEMENTS.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
The town of Middleborough is hereby authorized to grant to Hosea F.
Maxim and Lucy M. Maxim in consideration of one dollar, easements over
land in said town described in an Order of Taking by the board of selectmen
of said town dated December 17, 1979 recorded in the
registry of deeds in the county of Plymouth in Book 4771, Page 191 and
shown on a plan entitled "Plan
of the Spruce Street Municipal Well Site, Middleboro, Ma" dated
December 30, 1976 by Robert A. Cattley, Surveyor which plan was recorded in said
registry of deeds on December 19, 1979. Said land having been taken for
public water supply purposes.
The easements shall be granted for the following purposes and on the
following terms and conditions:-
A. An easement to use and maintain an existing well designated on said
plan as "Existing well" for domestic water supply purposes which easement
shall be appurtenant to and in connection with an existing single family
dwelling owned by the within grantees located on the northerly side of
Spruce street and located on remaining land of the within grantees.
B. An easement on foot and by vehicle over the roads presently existing
on the ground from Spruce street to remaining land of the within grantees
as shown on said plan and consisting of twenty-eight and ninety-eight
hundredths acres more or less for the purpose of cutting trees and
removing said trees from said remaining land. This easement shall be
appurtenant to grantees' said remaining land.
The aforesaid well easement shall be subject to the following condition:
The easement shall terminate when said town uses the land on said plan
for an operational well site as part of the town's public water supply
system provided that the town extends a suitable water line to the
aforesaid single family dwelling to replace the well as the source of water
for the dwelling.
The aforesaid easement to use existing roads shall be on the following conditions:
(a) There shall be no pollution or spillage of fuel or other chemicals
or contaminants in, on or within the land of the within grantor including
the easement area. The owners of the remaining land shall reimburse said
town for all expenses of cleanup of any such pollution or spillage.
(b) Said town may at its option and at its expense relocate all or any
part of the easement to any location or locations within the grantor's well
The within grantees shall execute and deliver in a form suitable for
recording any documents as the grantor may reasonably request with respect
to termination of the well easement or relocation of the access easement in
accordance with the terms of this instrument. Grantees' obligations
hereunder shall also apply to and be binding upon grantees' successors and assigns.