Town Right v Tax Settlement
Where The Town of Sharon has willingly created a flood retention basin on Sottile's property and
Sottile owes the Town of Sharon back taxes the following is agreed:
For the consideration of all past real estate taxes and water taxes plus interest, penalties, if any, and
the release of Sottile's property from Tax Court owed to the Town, Sottile allows the Town the right to divert overflow
water resulting from the reconstruction of Moose Hill Parkway and Upland Road on to the yard of 125 MHP.
Preparatory Improvements To Settlement - Town Responsibility
Pre-Construction: Because of the rapidily accummulating sediment and sand, water
is beginning to also flow onto 135 Moose Hill Parkway, a minimal earthen barrier will be allowed on 125 MHP to prevent
further flooding onto the adjacent property which could leave open further action now or with a future owner.
This will define the man-made side of the basin which has three other natural sides and it will contain the flooding
to 125 MHP. The Town will pay for the survey to establish the property line.
Construction: 1) The Town will move the grate and basin (12' deep) to
on the street and will properly fill and regrade the exisiting basin area to re-establish the grade
sufficient to vehicle weight plus improve the first 8 feet from the road from the basin to which was to be
covered with loam. The overflow tube will dump water into a small intercept, that is designed to catch sand and debrit, which will
then overflow on rubble before flooding the
Construction: The Town will carefully remove the sand and debris which has accumlated on
the property to date back to the natural surface with an earth moving Bobcat-type machine so that deep
tire marks/ruts will not be left... and so that the exisiting cover is not materially damaged.
Basin Maintenance: Twice a year the Town will dredge the basin.
Ongoing Maintenance: Owner
Storm Drain Cleaning: Storm drain grate debris maintenance
will be the responsibility of the Sottile / Future Owner.
Overflow Area: The natural leaf / grass surface of the overflow are will be the responsibility
of Sottile/Future Owner who, because he/she/they are responsible for the storm drain, should not experience any future land
erosion
if the basin is constructed correctly and the drain is maintained bythe owner
No Dimunition of Frontage: The creation of right will not affect the frontage
consideration of Sottile/Owner and will not affect any possible future decisions to subdivide the property, if subdividion
is allow through the normal processess of hearings as may be required. Further, nothing in this agreement prevents Sottile/Owner
the right to grade a driveway on to the property to provide access.
No Other Right: The creation of this right will not give the Town any other right
to the land but to collect water as described. The Town may make no further changes to the roads or gradings along side that
will add more water to the property than what is already indentified.
Future Taxes: From the date of the granting of the easement, Sottile / Owner
will pay current taxes and water per the assessed rates.
Adoption: Sottile volunteers to provide the following road adoption maintenance of TOWN
areas (excludes all Sanctuary property which should be maintained by its volunteers) with the proviso of physical presence
and good health: (1) Reporting of matters beyond Sottile's capabilities such as boulder removel,
pot/sink holes & fissures, illegal debris dumping,
Maintenence of intersection clearances and lawns, if any to keep unobstructed views. (*This is
a best-effort volunteer that is not a part of the right and does not obligate furture owners of 125 MHP.)
Witness: Nothing in this agreement prevents Sottile from further expression of his dissatification
of the Towns performance on The Hill, in the Town ... or becoming a witness to casualties caused by it.
Final Agreement: This Agreement finalizes all business over this matter,
and all discussions about it. It will be a recorded right -- perhaps easement-- on the deed for future owners to abide
by.
