After recording return to:
Erica O'Sullivan
Liberty Utilities
9 Lowell Road
Salem, NH 03079
AGREEMENT AND CONSENT TO JOINT USE
AGREEMENT made this day of , 2021 by and between the City of
Nashua, New Hampshire, a New Hampshire municipal corporation, with a business address of
229 Main Street, Nashua, New Hampshire 03061 and a mailing address c/o Dan Hudson, City
Engineer, 9 Riverside Street, Nashua, NH 03062 (hereinafter referred to as NASHUA) and
LIBERTY UTILITIES (ENERGYNORTH NATURAL GAS) CORP., a New Hampshire
corporation, having its principal place of business at 15 Buttrick Road, Londonderry, New
Hampshire 03053 (hereinafter referred to as LIBERTY);
WITNESSETH THAT
WHEREAS NASHOA acquired certain temporary and permanent easement rights over
premises in Nashua described as Parcel 12, Sheet 12 as shown on the plans entitled “Sewer
Easement Plans, North Merrimack River Interceptor II”, dated August 6, 1969 and October 12,
1973, Hamilton Engineering Associates, Inc., recorded with the Hillsborough County Registry of
Deeds as Plan #8074, by deed of Dudley Orr, Trustee under the will of Kathleen W. Connell and
Sylvia Spalding, dated January 21, 1975 and recorded in the Hillsborough County Registry of
Deeds in Book 2387, Page 354 (hereinafter the “Sewer and Drainage Easement”) which are
essential to its sewer and drainage operations in Nashua.
WHEREAS the third paragraph of the Sewer and Drainage Easement states, in part,
“The permanent easement shall remain free from construction of any encumbrances either within
or over the easement”.
WHEREAS the fifth paragraph of the Sewer and Drainage Easement states, “Both
temporary and permanent easements shall also include in the City of Nashua the right and
privilege to remove natural and man-made obstructions which interfere with the location,
1.
