City of East Providence 145 TAUNTON AVENUE, EAST PROVIDENCE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 02914-4505 TEL. (401) 435-7521 FAX (401) 438-1719 TDD (401) 431-1633 CITY MANAGER PETER GRACZYKOWSKI WWW.EASTPROVIDENCERI.NET TO: FROM: East Providence City Council Peter Graczykowski, City Manager DATE: March 29, 2013 RE: CC: Omega Pond Fish Ladder Easement Amendment East Providence Budget Commission Jeanne M. Boyle, Planning Director The Planning Department is requesting an amendment to the existing easement for the construction of the Omega Pond fish ladder. Attached for the Council s reference are the following documents related to this request: March 28, 2013 memorandum from Planning Director Jeanne M. Boyle regarding the Ten Mile River Fish Restoration Project and the requested amendment to existing easement for the construction of fish ladder. Language of the proposed amendment to the easement agreement. Exhibit showing the temporary construction easement.
SECOND AMENDMENT TO EASEMENT AGREEMENT This SECOND AMENDMENT TO EASEMENT AGREEMENT (the "Agreement") is made and entered into as of the day of, 2013, by and between The City of East Providence, with a mailing address of 145 Taunton Avenue, East Providence, RI 02914 (hereinafter referred to as the GRANTOR ) and the STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, with an address of 235 Promenade Street, Providence, RI 02908 (hereinafter referred to as the "STATE"). WHEREAS, the GRANTOR is the owner of those certain parcels of land located southerly of Bourne Avenue in the City of East Providence, County of Providence, State of Rhode Island and identified as East Providence tax assessor s parcels 303-13-04, 303-13-05, and 203-01-04, hereinafter referred to as the "Premises", which real property is bounded and described in Exhibit "A" attached hereto and made a part hereof. WHEREAS, the STATE acquired certain easements to portions of the Premises for the purpose of constructing, operating, maintaining, and monitoring a fishway on the Dam on the Premises to provide access for migrating river fish and eel pursuant to Easement Agreement by and between GRANTOR and the STATE, dated April 27, 2011 and recorded in the East Providence Records of Land Evidence on May 17, 2911 in Book 3257 at Page 49 (hereafter the Easement Agreement ), as amended by a First Amendment to Easement Agreement dated August 2, 2011 and recorded in the East Providence Records of Land Evidence on August 2, 2011 in Book 3257 at Page 200, (hereafter the First Amendment to Easement Agreement ), WHEREAS, the GRANTOR and the STATE desire to further amend the Easement Agreement to change the location of the temporary work area easement as described in the deeds 1
above and shown as "TEMPORARY" on the Exhibit "A" to the Easement Agreement described above. The location of the new temporary work areas are delineated on Exhibit "A" attached hereto. NOW THEREFORE, for and in consideration of the sum of Ten Dollar ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the GRANTOR grants to the STATE, its successors and assigns, on the terms and conditions contained herein: A. The temporary construction easement on a 830,495 (more or less) square foot section of East Providence Tax Assessor s parcels 203-01-04, 303-13-04 and 303-13-05 as shown as Temporary Construction Easement B on Exhibit A, for the purposes of the construction of a fishway. The temporary access and work area easement shall commence with the notification to the GRANTOR of the commencement of construction and shall terminate no later than two (2) years after commencement of construction unless mutually agreed to by the STATE and GRANTOR. This Easement is granted to the STATE and any parties or contractors authorized by the STATE to use as a work area, including the right to move, store and remove equipment and supplies and erect and remove temporary structures on the land and to perform other work necessary and incident to the construction of the fishway, access road and appurtenances thereto, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the GRANTOR, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. The two Environmental Land Use Restricted (ELUR) areas shown on Exhibit A shall be surveyed, located and delineated by a Rhode Island licensed surveyor to determine their exact locations. Based upon this field work the entire perimeter of the two ELUR areas shall be protected using an orange snow fence. Under no conditions shall any individual(s) or equipment enter or disturb the two ELUR areas. It is the responsibility of the STATE to survey, install and maintain the orange snow fencing for the duration of this easement agreement. All other terms and conditions of the Easement Agreement as amended by the First Amendment to Easement Agreement and hereunder shall remain in full force and effect except as amended by this Agreement. 2
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: STATE OF RHODE ISLAND, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT By: Janet L. Coit Its: Director CITY OF EAST PROVIDENCE By: James Briden Its: Mayor STATE PROPERTIES COMMITTEE Approved this day of, 2013, by the State Properties Committee. APPROVED AS TO TERMS AND CONDITIONS: APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: APPROVED: APPROVED: Chairman, State Properties Committee Attorney General Director of Administration Public Member, State Properties Committee Public Member, State Properties Committee 3
STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Providence, in said County and State, on the day of, 2013, before me personally appeared Janet L Coit, the Director of the STATE OF RHODE ISLAND, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, to me known and known by me to be the party executing the foregoing instrument for and on behalf of the STATE OF RHODE ISLAND, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and she acknowledged said instrument by her executed to be her free act and deed, her free act and deed in her capacity as aforesaid, and the free act and deed of the STATE OF RHODE ISLAND, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. STATE OF RHODE ISLAND COUNTY OF PROVIDENCE Notary Public My Commission Expires: In, in said County and State, on the day of, 2013, before me personally appeared James Briden, Mayor of the CITY OF EAST PROVIDENCE, to me known and known by me to be the party executing the foregoing instrument on behalf of the CITY OF EAST PROVIDENCE, and he acknowledged said instrument by him executed to be his free act and deed, his free act and deed in his capacity as aforesaid, and the free act and deed of the CITY OF EAST PROVIDENCE. Notary Public My Commission Expires: 4
Exhibit "A" N TEMPORARY CONSTRUCTION EASEMENT "8" ELUR AREA "A" AREA* 830,495± SF SEEKONK RIVER 19.06± ACRES * DOES NOT INCLUDE ELUR AREAS -- TEN MILE RIVER EAST PROVIDENCE, RI OMEGA POND DAM - 0 200' TEMPORARY CONSTRUCTION EASEMENT "B" 400'