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HOLD HARMLESS AGREEMENT
Receipt Acknowledged:
TH.E. e )1TY OF NORTH TON
WHEREAS The .Trustees of The Smith College (hereinafter "Smith and the
City of Northampton (hereinafter "City wish to discontinue a portion of Arnold
Avenue, a public way within the City; and
WHEREAS the City wishes to have access to a section of the discontinued
portion of Arnold Avenue for the turnout and turnaround of snowplows and access to
adjacent parking lots for snow storage froth Arnold Avenue; and
WHEREAS Smith has granted the City an easement over a portion of its property
for snow storage and snow plow turnaround which is recorded in the Hampshire Registry
of Deeds inBook 9138, Page 63; now
THEREFORE, Smith agrees to hold. the City harmless from and for any claim,
cost, loss or expense in the City's exercise of its easement, for snow storage and snow
plow turnaround, to the extent such claim, cost or,expense is not covered by insurance or
is a result of the City's failure to .exercise due care in greater than ordinary, negligence.
IN. WITNESS. WHEREOF, the parties have hereunto set their hands and seals,
this. e'day of "a%� ,.'2007.
THE TRUSTEES OF THE
SMITH COLLEGE
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Ruth H. Constantine, duly. authorized
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Edward S. Huntley, P.E
Director
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REPORT AND RECOMMENDATION OF THE
BOARD OF PUBLIC WORKS TO THE CITY COUNCIL
On October 5, 2006, the Northampton City Council referred to the Northampton Board of Public
Works and the Northampton Planning Board a petition for the discontinuance of a portion of
Arnold Avenue.
The Board of Public Works held a public hearing on April 28, 2007 and at it's meeting on May
9, 2007, after considering the petition, a majority voted to recommend the discontinuance.
Respectfully submitted
The Board of Public Works of the City of Northampton
Aeowi
Edward Huntley
Director of Public Works
c: Northampton Board of Public Works
Northampton Planning Board V
1/1, U:\Arnold Avenue \Street Discontinuance 051007.doc
CITY OF NORTHAMPTON, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
125 Locust Street
Northampton, MA 01060 -2066
413- 587 -1570
Fax 413 587 -1576
F: \word \smlTl I -CO \arnold avenue.pet.doc
PETITION FOR DISCONTINUANCE OF
A PORTION OF ARNOLD AVENUE
TO: CITY COUNCIL
CITY OF NORTHAMPTON
WHEREAS The Trustees of The Smith College have purchased properties on the
stub street known as Arnold Avenue and have an agreement to purchase the property of
Housing and Economic Resources For Women, Inc. (Map 3 ID, Parcel 57); and
WHEREAS Smith plans to make improvements to sidewalks on Arnold Avenue
connecting the new Engineering and Molecular Sciences Building to the parking facility
on West Street; and
WHEREAS the public convenience and necessity no longer requires the public
repair, maintenance and right of way over the 4,086 square foot stub end of Arnold
Avenue; now
THEREFORE, We the undersigned residents of the City of Northampton and The
Trustees of The Smith College request that the following portion of the public way
known as Arnold Avenue be discontinued in accord with M.G.L. c. 82, §21 and Sections
19 -42 and 19 -43 of the Code of Ordinances of the City of Northampton:
The proposed discontinuance begins at the present terminus of Arnold Avenue
entirely within the land now owned by The Trustees of The Smith College as shown on
Exhibit A, consisting of a Plan of Proposed Discontinuance of a Portion of Arnold
Avenue in Northampton, Massachusetts, prepared for The Trustees of The Smith College
by Huntley Associates, P.C., dated December 8, 2004, revised July 14, 2006, and
attached to this Petition.
This Petition for a Discontinuance of a Portion of Arnold Avenue is based upon
the following:
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1 The Portion of Arnold Avenue- proposed for discontinuance is entirely within
the property owned by The Trustees of The Smith College or under contract
to be owned before December 30, 2006.
2. The proposed discontinuance would relieve the City of Northampton of its
obligation to plow, maintain and repair that portion of the roadway and the
underlying utilities.
3. The proposed discontinuance would relieve the City of Northampton of its
liability for claims as a result of the condition or layout of the roadway.
WHEREFORE, We the undersigned residents of the City of Northampton
respectfully request the City Council of the City of Northampton discontinue the attached
and described portion of Arnold Avenue.
July 20, 2006
P: \word \cdh \arnold avenue.pet.doc
By:
THE TRUSTEES OF
THE SMITH COLLEGE
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arol Christ, Its President
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