Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

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 site property.

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.