HomeMy WebLinkAboutBoard of Selectmen Agenda July 6, 2011 Packet_201402061628539713COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
BOARD OF SELECTMEN
ORDER OF TAKING BY EMINENT DOMAIN
OF UNNAMED WAY
OFF BAXTER ROAD
The undersigned being the majority of the duly elected and serving members of the Board
of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision
of the Commonwealth of Massachusetts, having a principal place of business at Town and
County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of
Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section
3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 74 adopted by the Town at
its 2010 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of
every other power and authority hereto enabling us, having complied with all the preliminary
requirements prescribed by law, having determined that the taking of the fee in those certain
parcels of land comprising an unnamed way located on and between the properties at 65 Baxter
Road and 67 Baxter Road described below (“Parcels”) is required for general municipal purposes
and public access purposes, do hereby adopt and decree this Order of Taking on behalf of the
Town and do hereby take from the supposed owners of the Parcels, those who hold easements
and other rights to the Parcels, and all their successors, heirs and assigns, as their interests may
appear, by the right of eminent domain, the fee in the Parcels, including but not limited to all
rights of passage, if any, as follows:
The land shown on a plan of land entitled “Roadway Acquisition & Disposition Plan in
Nantucket, Mass. Of 30’ Wide Unnamed Way (Off Baxter Road) Assessor’s Map 49, Prepared
by Bracken Engineering, Inc.,” Scale: 1” = 20’, dated March 1, 2011 (the “Plan”) and recorded
with the Nantucket Registry of Deeds as Plan No. 23 of 2011 and consisting of the following
Parcels described on the Plan:
Parcel Address/Location Area ±
Parcel A Unnamed Way off Baxter Road 2,268 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 49 Morning Light, LLC Book 845, Page 269
Parcel 24
Parcel Address/Location Area ±
Parcel B Unnamed Way off Baxter Road 2,268 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 49, Parcel 23 Thomas Tuttle and Sharmila Tuttle Book 1200, Page 102
Any and all trees, vegetation, structures and improvements at the Parcels are included in
this Order of Taking.
The damages sustained by the supposed owner(s) listed above by reason of this taking of
the Parcels are valued and awarded in a resolution of even date adopted by the Board of
Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended.
If any party named hereinabove as an owner of any Parcels taken hereby is not a true
owner of said Parcels, then the award is made only to the true owner(s) of said Parcels.
(Remainder of Page Intentionally Blank. Signatures Follow on Next Page.)
Adopted under seal this day , 2011
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Patricia Roggeveen
Whiting Willauer
Rick Atherton
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket County, ss
On this day of , 2011, before me, the undersigned notary public, personally
appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert
DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge of the
undersigned, to be the persons whose names are signed on the preceding or attached document,
and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and
deed of the Board of Selectmen of the Town of Nantucket.
Notary Public
My commission expires:
423541/NANTYDSALE/0001