6/9/1948 · AGREEMENT · book 31 page 156 doc 1962@31/156

156 STATE OF RHODE ISLAND DEPARTMENT OF PUBLIC WORKS DIVISION OF ROADS AND BRIDGES AGREEMENT For Right to Install Drainage Structures and Easement for Right of Egress. AGREEMENT, made this 14th day of May A. D. 1948 between the State of Rhode Island, the party of the first part, and Rufus K. Prosser The party of the second part WITNESSETH, Whereas the said party of the first part desires to construct and improve a certain highway adjoining and contiguous to land belonging to the party of the second part located in the Town of Charlestown, and WHEREAS, for the purpose of effecting said construction and said improvements of said highway the party of the first part desires to construct certain drainage structures on and upon and near to the said land of the party of the second part, and WHEREAS, it appears by a certain plan entitled "Rhode Island Department of Public Works - Division of Roads and Bridges - Right of Way and Utility Propriety. Charlestown Airport. Proposed Drainage Through Property of Rufus K. Prosser in Accordance with Drainage Agreement dated Nov. 2, 1945," that the party of the second part has agreed in the office of the Town Clerk in said Town of Charlestown that said drainage structures and party there of proposed to be placed on and upon certain sections of said land of said party of the second part and that said structures to be so placed as probably after construction surface drainage of said land of the party of the first part and of the land of the second part as shown upon said plan NOW, THEREFORE, in consideration of the use and benefit of the construction and improvement of said highway to land of the party of the second part, and in further consideration of the sum of One Dollar ($1.00) paid by the party of the first part to the party of the second part, the receipt of which is hereby acknowledged by the party of the second part, for himself, his heirs, executors, administrators and assigns, hereby gives, grants, bargains, sells and conveys to the party of the first part, its successors and assigns, the right, privilege and easement to install, erect, construct, maintain, repair and renew drainage structures and structures of surface drainage on and upon said highway as well as right of ingress and egress to be located as appears on said plan above described, and in addition the right, privilege and easement of flowing surface water by means of said drainage structures in said highway, and upon said land upon said plan, and the party of the second part agrees to keep and maintain said drainage structures in good repair without expense to said party of the second part. The agreement herein contained shall be a covenant running with the land, and shall apply to the party of the second part and be of and binding upon the heirs and assigns of the said party of the second part forever. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement, the party of the first part acting by Oreste Disaldo, Director of Public Works, State of Rhode Island, this 14th day of May, A. D. 1948. In Presence of: Frederick H. Lake as to O. DIS. STATE OF RHODE ISLAND By Oreste Disaldo Director of Public Works Rufus K. Prosser George H. Prosser Albert W. Smith Albert W. Smith Notary Public STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Providence on the fourteenth day of May A. D. 1948 before me personally appeared Oreste Disaldo Director of Public Works, State of Rhode Island to me known and by me to be the party acting for the party executing the foregoing instrument and acknowledged said instrument by him executed to be his free act and deed individually and in his said capacity. FREDERICK H. LAKE (Notarial Seal) Notary Public STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Charlestown on the 14th day of May A. D. 1948 before me personally appeared Rufus K. Prosser and George H. Prosser to me known and by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. ALBERT W. SMITH Notary Public Voucher 60107 - $1.00 - 6/5/48 Received for record June 9th, A. D. 1948 at 11:05 o'clock, a. m., and recorded by [Signature] Town Clerk