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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