HomeMy WebLinkAboutCounty Commission Agenda 09-28-2011 - Packet_201402051654102157
QUITCLAIM DEED
THE COUNTY OF NANTUCKET, a Massachusetts municipal corporation,
acting by and through its County Commissioners, having an address of Nantucket Town
& County Building, 16 Broad Street, Nantucket, Massachusetts 02554 (“Grantor”) for
consideration of One Dollar ($1.00) hereby grants with quitclaim covenants, pursuant to
Chapter 89 of the Acts of 2011 to the TOWN OF NANTUCKET, a Massachusetts
municipal corporation, acting by and through its Board of Selectmen, having an address
of Nantucket Town & County Building, 16 Broad Street, Nantucket, Massachusetts
02554 (“Grantee”) the following parcel of land:
A certain parcel of land in, Nantucket, Massachusetts being a portion of
Nonantum Avenue containing 18,400 square feet, more or less and shown on a plan
entitled “Plan For Discontinuance of a Portion of Nonantum Avenue Prepared for the
Town of Nantucket in Nantucket, MA,” dated July 20, 2009, prepared by Nantucket
Surveyors, LLC, and recorded as Plan No 2009-39 in the Nantucket County Registry of
Deeds and being more particularly bounded and described as follows:
By the Easterly sideline of Nonantum Avenue 40.00 feet;
Northerly by the southerly lot line of Parcel 49 on Assessors Map 88, by the Southerly
sideline of a portion of former Clifford Street and the southerly lot line of Parcels 50 and
51 of Assessors Map 88 460.00 feet;
By the Eastern sideline of former Harriet Street, formerly known as Prospect Street 40.00
feet; and
Southerly by the northerly lot line of Parcel 47 of Assessors Map 88, the Northern
sideline of a portion of Clifford Street between former Nonantum Avenue and the
Atlantic Ocean and Parcel 48 of Assessors Map 88 460.00 feet.
For Grantor’s title see Order of Taking dated October 30, 1974 recorded with said
Deeds in Book 147, Page 289.
No deed stamps are due on this conveyance pursuant to G.L. c.64D, § 1.
Executed under seal this day of , 2011.
TOWN OF NANTUCKET
BY ITS COUNTY COMMISSIONERS
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this day of , 2011, before me, the undersigned Notary
Public, personally appeared Rick Atherton, Whiting Willauer, Patricia Roggeveen,
Michael Kopko and Robert DeCosta, as members of the County Commissioners of the
County of Nantucket and 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 County Commissioners of the County of
Nantucket .
Notary Public
My Commission Expires:
433946/NANT/19750/0001
Print
Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize the conveyance
of a certain parcel of land by the county of Nantucket, therefore it is hereby declared to be an emergency law, necessary for
the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as
follows:
SECTION 1. The county of Nantucket may convey a parcel of land containing approximately 18,400 square feet to the town
of Nantucket. The parcel is a portion of Nonantum avenue acquired by the county in an order of taking dated October 30,
1974 for the laying out of Nonantum avenue and recorded at the Nantucket registry of deeds in Book 147, Page 289. It is
shown on a plan entitled “Plan For Discontinuance of a Portion of Nonantum Avenue Prepared for the Town of Nantucket in
Nantucket, MA,” dated July 20, 2009, prepared by Nantucket Surveyors, LLC, and recorded as Plan No. 2009-39. The parcel
is bounded by the easterly sideline of Nonantum avenue; northerly by the southerly lot line of parcel 49 on assessors map
88; the southerly sideline of a portion of former Clifford street and the southerly lot line of parcels 50 and 51 of assessors
map 88; the eastern sideline of former Harriet street, formerly known as Prospect street, and southerly by the northerly lot
line of parcel 47 of assessors map 88; the northern sideline of a portion of Clifford street between former Nonantum avenue
and the Atlantic Ocean and parcel 48 of assessors map 88, owned by the county.
SECTION 2. A majority of the voters at an annual or special town meeting of the town of Nantucket shall approve
acceptance of the transfer authorized in section 1, before the effective date of the conveyance.
SECTION 3. Chapter 30B of the General Laws and any rights of first refusal in the commonwealth under section 14 of
chapter 34 of the General Laws shall not be applicable to the conveyance authorized by this act.
Approved, August 3, 2011.
Acts 2011 CHAPTER 89 AN ACT AUTHORIZING THE CONVEYANCE OF A CERTAIN PARCEL OF
LAND BY THE COUNTY OF NANTUCKET. (see House, No. 568) Approved by the Governor, August 3,
2011
Page 1 of 1Session Laws: CHAPTER 89 of the Acts of 2011
9/20/2011http://www.malegislature.gov/Laws/SessionLaws/Acts/2011/Chapter89/Print
GRANT OF EASEMENT
The COUNTY OF NANTUCKET, acting by and through its County
Commissioners, having an address of 16 Broad Street, Nantucket,
Massachusetts 02554 (“Grantor”), being the owner of the land now
known as Massachusetts Avenue by virtue of an Order of Layout
and Taking recorded with Nantucket Deeds in Book 507, Page 109,
and registered with the Nantucket Registry District of the Land
Court as Document No. 72383, pursuant to Massachusetts General
Laws Chapter 34, Section 14, for consideration paid of One
Dollar ($1.00), the receipt and sufficiency of which is hereby
acknowledged, grants to R. THOMAS OKONAK and JAMES R. OKONAK,
Trustees under a Trust Agreement dated April 24, 1987 and
registered with the Nantucket Registry District as Document No.
46638 (“Grantees”), and those claiming by, through or under them
by instrument of record, as the owners of the land now known and
numbered as 20 and 23 Massachusetts Avenue, Nantucket,
Massachusetts (Lots 1, 2, 3, 4, 5, 61 and 62 in Block No. 30 on
Land Court Plan 2408-Y (collectively, “Lot A”) and Lot 1-A on
Land Court Plan 2408-1 (“Lot B”), by virtue of Certificate of
Title No. 13,978, a non-exclusive easement in that area of
Massachusetts Avenue shown on the Exhibit Plan Of Land attached
hereto as Exhibit A as “Waste Pipe Easement 7.5’ Wide” (the
“Easement Area”) for the installation, use, repair, replacement,
inspection and maintenance of underground wires and conduits for
the transmission of electricity and underground sewer pipes
(collectively, the “Facilities”), all for the purpose of
facilitating use of the septic or other sewage disposal system
installed on Lot A to service the single-family residence on Lot
B.
The grant of this easement shall be for the sole benefit of Lot
B, and shall terminate if (a) a septic or other sewage disposal
system is constructed on Lot B, (b) Lot B is used for other than
single-family residential purposes, or (c) public sewer is
available to serve Lot B.
Grantees acknowledge and agree that the Easement Area is within
the layout of Massachusetts Avenue, a traveled, public way, and
that the rights of Grantees hereunder are subject to rights of
the public to travel over the same by foot and motor vehicles.
Grantees shall not interfere with the use of the Easement Area
by Grantor and members of the public. In no event shall
Grantees close the Easement Area to public travel or impair such
rights without having obtained Grantor’s written consent in
writing at least fourteen (14) days prior to performing any such
work, not to be unreasonably withheld. Grantees shall, at
Grantor’s request, install temporary fencing around the Easement
Area or take other reasonable measures during any construction
or disturbance of the Easement Area to ensure the safety of
Grantor’s personnel, persons on the Easement Area, persons
driving on Massachusetts Avenue and the general public, all at
Grantees’ sole cost and expense. Grantee shall use diligent and
good faith efforts to minimize interference with Grantor’s and
the public’s use of the Easement Area.
Grantor reserves the right to use the Easement Area for any and
all purposes, and to allow the Town of Nantucket to use the
Easement Area for any and all purposes, including without
limitation the installation of public utilities, provided that
such use does not interfere materially with Grantees’ use of the
Easement Area for the purposes set forth herein, other than
temporarily during construction of such underground utilities.
Grantees shall not damage any utilities or other improvements
now or hereinafter installed on or under the Easement Area by
Grantor or the Town of Nantucket or their permittees or
assignees. Grantees shall maintain the Facilities in good order
and condition. Any damage caused by Grantees or their agents,
employees, representatives, contractors or invitees
(collectively, with Grantees, the “Grantee Parties”) or the
Facilities shall be repaired promptly by Grantees at their sole
cost and expense.
Grantees, by the acceptance of this easement agreement, agree
that upon request of Grantor, they shall relocate the Facilities
to a new easement area at their expense if requested by the
Grantor, provided that such relocated easement area is
reasonably suitable for the intended purpose of this easement.
Grantees agree to prepare a plan showing the relocated easement
area.
Grantor makes no representation, either express or implied, with
respect to the condition of the Easement Area. Grantees agree
that they shall accept the Easement Area in its “AS IS”
condition and shall use the Easement Area at their own risk.
Grantees hereby release Grantor, its officers, employees,
contractors and agents, from any responsibility for the
Grantees’ losses or damages related to the condition or use of
the Easement Area, except if caused by the gross negligence or
willful misconduct of Grantor its agents, employees or
contractors, and Grantees agree and covenants that they will not
assert or bring, nor cause any third-party to assert or bring,
any claim, demand, lawsuit or cause of action against Grantor,
including, without limitation, claims for property damages,
personal injury damages and any other damages relating to, or
arising from, Grantees’ activities on or about the Easement
Area. Grantees acknowledge and agree that Grantor shall have no
obligation to maintain the Easement Area for the benefit of the
Grantee.
Grantees agree to indemnify, defend, and hold Grantor harmless
from and against all debts, demands, actions, causes of actions,
suits, dues, sum and sums of money, damages, liabilities and any
and all claims, demands and liabilities whatsoever of every name
and nature, both in law and equity, arising out of or relating
to: (a) the discharge, release or threatened release at or from
the Easement Area of oil or hazardous material as defined under
federal, state or local law which is caused by any of the
Grantee Parties,(b) any failure on the part of Grantees to
comply with any provision or term required to be performed or
complied with by Grantees under this Grant of Easement, and (c)
for the death, injury or property damage suffered by any person
on account of or based upon the act, omission, fault, negligence
or misconduct of any of the Grantee Parties in connection with
or related in any way to this easement, except to the extent
that such death, injury or damage is caused by the gross
negligence or willful misconduct of Grantor. The provisions
hereof shall survive the expiration or termination of this Grant
of Easements.
The parties agree that upon any disruption of the surface of
said Massachusetts Avenue in the exercise of this easement,
Grantees shall restore said road to its prior condition as
expeditiously as reasonably practicable, and at their own
expense.
If Grantees fail to comply with the terms hereof, Grantor shall
have the right, but not the obligation, to make such repairs
itself and charge the reasonable cost of the same to Grantees.
Grantees shall reimburse Grantor within thirty (30) days from
receiving an invoice for the same from Grantor, failing which
Grantor shall have the right to file a lien against Lot A and/or
Lot B with the Nantucket Registry District of the Land Court.
All requirements set forth herein are independent of any
permits, licenses or other approvals that are applicable to the
Easement Area, and/or Grantees’ use thereof. Grantee shall
observe and obey directives of Grantor, as well as all
applicable laws, bylaws, regulations and permitting or licensing
requirements.
[Signature page follows]
Executed and sealed this 28th day of September, 2011.
County of Nantucket,
By its County Commissioners
________________________
________________________
________________________
________________________
________________________
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On this _______ day of September, 2011, before me, the
undersigned notary public, personally appeared Patricia
Roggeveen, Rick Atherton, Whiting Willauer, Michael Kopko and
Robert DeCosta, proved to me through satisfactory evidence of
identification, which was personal knowledge, to be the persons
whose names are signed on the preceding document, and
acknowledged to me that they signed voluntarily for its stated
purpose as County Commissioners of the County of Nantucket.
__________________________________
Notary Public
Printed Name:
My Commission Expires:
f:\wpopq\okonak\grant of easement.docx
433870/NANTCC/0001