2019-SHALT-CH81-7A-PUE-TE-NORTHAMPTON-INSTRUMENT DOC
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
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NORTHAMPTON Layout No. 8664
and Order of TakingWHEREAS, the Department of Public Works, acting on behalf of the Commonwealth of Massachusetts, did, under dates ofJuly 17, 1934 (Layout No. 3116) and July 10, 1940
(Layout No. 3359), alter, lay out and take charge of, as a State highway, a road previously laid out, in theCity of Northampton, County of Hampshire, being known as North King Street
(Routes 5 & 10) (formerly known as Laurel Park Road), all as shown on the plans of said State highway on file in the office of the Massachusetts Department of Transportation, copies
of which plans have been filed in the office of the County Commissioners of said County, or their successors, if any, and in the office of the CityClerk of saidCity; andWHEREAS, it now
appears advisable to make further changes in the location of said State highway.NOW, THEREFORE, acting under the provisions of Chapter 6C and Chapter 81 of the General Laws, as appearing
in the Official Edition thereof, and acts in amendment thereof and in addition thereto, the Massachusetts Department of Transportation adjudges that public necessity and convenience
require that said Department should alter the location of said State highway, and should lay out and take charge of said State highway, as altered, as hereinafter described.The alteration
consists of widening portions of the aforesaid State highway location on the westerly side thereof and is made in two sections, more fully described as follows:The baseline used for
the State highway herby altered and laid out is a portion of the baseline location of the aforesaid July 17, 1934 (Layout No. 3116) State highway alteration of North King Street (Routes5
& 10).The Hatfield Street baseline begins at a point in the existing roadway of North King Street (Routes 5 & 10), on the baseline location of the aforesaid July 17, 1934 (Layout No.
3116) State highway alteration of North King Street (Routes 5 & 10),at N2952925.6277, E 347110.9434, shown on the plan hereinafter referred as station 0+00.00, said station being identical
with station 80+79.81 of the baseline location of said 1934 layout, and extends thence S 19°44’21” W 389.03 feet; thence S 18°08’21” W 360.83 feet; thence S 13°53’21” W 374.78 feet;
thence S 5°14’41” W 256.01 feet; thence, by a curve to the right of 530.99 feet radius and 219.35 feet to the point of ending thereof, at N 2951389.6111, E 346689.8828, as shown on the
plan hereinafter referred to as station 16+00.00.The stations hereinafter referred to are points thereon. The Coordinate system used is the Massachusetts Coordinate System North American
Datum of 1983 (NAD 83).
SECTION 1Section 1 of the State highway hereby altered and laid out,begins at a point on the southwesterly location line of the aforesaid July 10, 1940 (Layout No. 3359) State highway
alteration of North King Street (Routes5 & 10), at N 2951596.5279, E 347684.9625, said point bearing S71°09’28”W and being 25.09 feet distant from station 95+34.16 of the baseline location
of the July 17, 1934(Layout No. 3116) State highway alteration of North King Street (Routes 5 & 10) and extends thence, leaving said location lineS71°04’42”W 9.43 feet to a point at
N 2951593.4691, E 347676.0397; thence N27°29’24”W82.99 feet to a point at N 2951667.0916, E 347637.7308; thence N 8°13’15”W 15.35 feet to a point at N 2951682.2846, E 347635.5358; thence
N 25°59’34”W 248.40 feet to a point at N 2951905.5552, E 347526.6746; thence N 23°02’44”W 93.41 feet to the point of ending thereof, on the westerly location line of the aforesaid July
17, 1934 (Layout No. 3116) State highway alteration of North King Street (Routes 5 & 10), at N 2951991.5113, E 347490.1078, said point bearing S 6°22’35”W and being 21.67 feet distant
from station 90+88.75 of the baseline location of said 1934 layout.
SECTION 2Section 2 of the State highway hereby altered and laid out, begins at a point on the westerly location line of the aforesaid July 17, 1934 (Layout No. 3116) State highway alteration
of North King Street (Routes 5 & 10), at N 2952525.7483, E 347219.1585, said point bearing S67º51’10” W and being 23.95 feet distant from station 84+92.60 of the baseline location of
said 1934 layout,and extends thence, leaving said location line N 24º59’15” W148.26feet to a point at N2952660.1327, E 347156.5295; thenceN 20º42’35” W 119.90 feet to a point at N 2952772.2855,
E 347114.1290; thenceN 59º38’16” W 54.13 feet to a point at N 2952799.6443, E 347067.4266; thenceS 54º27’23” W 60.73 feet to a point at N 2952764.3378, E 347018.0083; thenceS 19º44’21”
W 25.98 feet to a point at N 2952739.8837, E 347009.2335; thenceN 70º15’39” W 81.61 feet to a point at N 2952767.4471, E 346932.4180; thenceN 29º56’26” E 311.40 feet to a point at N
2953037.2915, E 347087.8401; thenceN 6º55’33” E 222.44 feet to a point at N 2953258.1084, E 347114.6628; thenceN 8º49’01” E 270.77 feet to a point at N 2953525.6741, E 347156.1652; thenceN
8º28’57” E 71.11 feet to a point at N 2953596.0043, E 347166.6541; thenceN 25º04’07” E 37.90 feet to the point of ending thereof, again on the westerly line of the aforesaid July 17,
1934 (Layout No. 3116) State highway alteration of North King Street (Routes 5 & 10), at N 2953630.3380, E 347182.7143, said point bearing N 79º56’05” W and being 25.00feet distant from
station 73+70.46 of the baseline location of said 1934 layout.The location lines of the State highway altered and laid out as hereinbefore described are to be further defined by bounds
set thereon at the angle points, and at the points of beginning and ending thereof, where feasible.
In connection with the alteration of the State highway hereinbefore described, it is necessary to alter and lay out a section of highway in behalf of the City of Northamptonand said
section of highway is hereby so laid out in behalf of said City under the provisions of Chapter 6C and Chapter 81 Section 7A of the General Laws and is more fully described as follows:The
section of highway hereby altered and laid out in behalf of the City of Northamptonestablishes a location for the widening of a portion of HatfieldStreet (formerly Hatfield Road)on the
westerly side thereof and is bounded by thelocation line of Section 2 of the State highway alteration of North King Street (Routes 5 & 10), as hereinbefore described, the westerly location
line of the 1810 County layout of Hatfield Street, and by the line described as follows:
Beginning at a point on thewesterly location line of 1810 Countylayout of Hatfield Street at N 2952527.6388, E 346934.4023 said point bearing N 71°51’39”W and being 33.00 feet distant
from station 4+33.32 of the Hatfield Street baseline, as hereinbefore described, and extendsthence, leaving said location line N 0°28’27”W 239.82 feet to the point of ending thereof,
on the location line ofSection 2 of the State highway alteration of North King Street (Routes 5 & 10), ashereinbefore described, atN 2952767.4471, E 346932.4180, said point bearing N
70°15’39”W and being 114.61 feet distant from station 2+09.18 of said Hatfield Street baseline, as hereinbefore described.The location line of the section of highway hereby laid out
in behalf of the City of Northampton is to be further defined by bounds set thereon at thepoints beginning and ending thereof, if feasible.For the purpose of laying out, constructing
and maintaining said State highway, the Massachusetts Department of Transportation, does hereby take, under the provisions of Chapter 79 of the General Laws and of all other general
or special laws thereto enabling, all of the land not already owned by said Department, outside the limits of the existing public way or ways, and within the limits of the layout hereinbefore
described, including all trees and structures located thereon (not, however, including poles, towers, lines, wires, cables and other appurtenances for the conveyance of electricity and
telephone communication, or any other utilities), situated in the City of Northampton, County of Hampshire, all of said land being taken in fee simple, the supposed owners of Parcels
24-1, and 24-3 to24-8, inclusive, being shown on the plan hereinafter referred to, and being set forth in the schedule hereinafter contained, excepting from the rights herein taken,
all easements for wires, pipes, conduits, poles, and other appurtenances for the conveyance of water, sewage, gas, oil and electricity and for telephone communication or any other utilities
now lawfully in or upon said premises hereby taken, and all lawful rights of the public to use those parts of the public way or ways in the City of Northampton,which are included in
the foregoing description.For the purpose of laying out, constructing and maintaining the section of Cityway hereinbefore described, the Massachusetts Department ofTransportation, in
behalf of the City of Northampton, does hereby take, in fee simple, under the provisions of Chapter 79 of the General Laws and of all other general or special laws thereto enabling,
Parcel 24-1-C, shown on the plan hereinafter referred to, including all trees and structures located thereon (not, however, including poles, towers, lines, wires, cables and other appurtenances
for the conveyance of electricity and telephone communication or any other utilities) situated in the City of Northampton, County of Hampshire, excepting from the rights herein taken,
all easements for wires, pipes, conduits, poles and other appurtenances for the conveyance of water, sewage, gas, oil and electricity and for telephone communication or any other utilities
now lawfully in or upon said premises hereby taken, and all lawful rights of the public to use those parts of the public way or ways in the City of Northampton, which are included in
the foregoing description.
An easement is hereby taken in the parcel of land hereinafter described and shown on the plan referred to as Parcel 24-D-1 for the purpose of draining and maintaining the aforesaid State
highway and consists of the right to enter upon said land at any time to construct thereon and to use and maintain drainage structures and/or drainage ditches together with the right
to discharge surface water upon said land.PARCEL 24-D-1:A parcel of land supposed to be owned byJohn F. Skibiski, Jr. as devisee of Mary A. Skibiski, adjoining thelocation line of Section
2 of the State highway alteration of North King Street (Routes 5 & 10), as hereinbefore described, and bounded by the line described as follows: Beginning at a point on said location
line, said point bearing N 81°28’50” W and being 27.88 feet distant from station 79+70.39 of the baseline location of theJuly 17, 1934 (Layout No. 3116) State highway alteration of North
King Street (Routes 5 & 10)and extends thence, following said location line S29°56’26” W 311.40 feet; thence, leaving said location line N70°15’39” W14.27 feet; thenceN 28°21’51” E311.29
feet; thence N 8°00’48” E 197.42 feet; thence N 8°44’23” E about 290 feet to a point on the property line dividing land of said John F. Skibiski, Jr. as devisee of Mary A. Skibiski and
land of Billmar, Inc; thence,following said property line southeasterly about 6 feet to a point on the westerly easement line of Parcel 12-D-2 taken under Order of Taking dated February
27, 1985; thence, leaving said property line and following said easement line, in four courses, southerly about 5 feet, southerly about 394 feet, southerly about 73 feet and easterly
about 13 feet,respectively,to a point, again on the location line of Section 2 of the State highway alterationof North King Street (Routes 5 & 10), as hereinbefore described; thence,
leaving said easement line and following said location line S 6°55’33” W about 21 feet to the point of beginning; containing about 9,021 square feet.
An easement is hereby taken by the Department, in behalf of the City of Northampton in the parcel of land shown on the plan hereinafter referred to as Parcel 24-D-1-C for the purpose
of draining and maintaining the aforesaid City highway and consists of the right to enter upon said land at any time to construct thereon and to use and maintain drainage structures
and/or drainage ditches together with the right to discharge surface water upon said land.PARCEL 24-D-1-C:A parcel of land supposed to be owned by John F. Skibiski, Jr. as devisee of
Mary A. Skibiski, adjoining thelocation line of the City alteration of Hatfield Street, as hereinbefore described, and bounded by the line described as follows: Beginning at a point
on said location line, as hereinbefore described, said point bearing N 71°51’39” W and being 33.00 feet distant from station 4+33.32 of the Hatfield Street baseline, as hereinbefore
described, and extends thence, leaving said location line N3°36’18” W 245.11 feet; thence S 70°15’39” E 14.27 feet to a point, again on the location line of the City alteration of Hatfield
Street, as hereinbefore described; thence, following said location line S0°28’27” E 239.82 feetto the point of beginning; containing about 1,611 square feet.Easements are hereby taken
in the parcels of land hereinafter described and shown on the plan referred to as Parcels 24-PUE-1 , 24-PUE-3 to PUE-6, inclusive, for public utility purposes, to lay, construct, and
install and/or remove poles, anchors, and lines for the transmission for power, intelligence, and communications upon, or any other utility, over, under and across the parcels of land
abutting the State highway. The rights being more particularly described within said parcels of land to lay, construct, reconstruct, replace and remove underground cables, pipes, conduits,
manholes, and other appurtenances within pipes, wires and/or cables therein. A separate agreement or Permit between any public utility and the Department is required for any use of these
easement areas by any utility company. In addition to utility purposes, these parcels are also taken temporarily for any non-utility related construction purpose. Said temporary non-utility
easements are to be in effect only for a period of five years from the date of recording of this instrument.PARCEL 24-PUE-1:A parcel of land supposed to be owned by John L. Hunter &
Sheila C. Hunter, adjoining the easterly location line of the July 17, 1934 (Layout No. 3116) State highway alteration of North King Street (Routes5 & 10) and bounded by the line described
as follows: Beginning at a point on said location line, said point bearing N7450’40” E and being 41.75feet distant from station 82+19.61 of the baseline location of said 1934 layout
and extending thence, leaving said location lineN7933’51” E 6.73 feet; thence N612’07” W 151.52feet; thence N 137’36” W 147.80feet; thence N 426’08” E about 133 feet to a point on the
property line dividing land of said John L. Hunter & Sheila C. Hunter and land of Red Barn Realty, LLC; thence,following said property linewesterly about 7 feet to a point, again on
the easterly location line of said 1934 layout; thence, leaving said property line and following said location southerly about 434 feet to the point of beginning; containing about 4,400
square feet.PARCEL 24-PUE-3:A parcel of land supposed to be owned by Red Barn Realty, LLC, adjoining the easterly location line of the July 17, 1934 (Layout No. 3116) State highway alteration
of North King Street (Routes 5 & 10) and bounded by the line described as follows: Beginning at a point on said location line,said point bearing S81º28’50” E and being 31.48 feet distant
from station 76+56.27of the baseline location of said 1934 layout and extends thence, leaving said location line S4º51’28” Wabout 105 feet to a point on the property line dividing land
of said Red Barn Realty, LLC and land of John L. Hunter & Sheila C. Hunter; thence, following said property line westerly about 7 feet to a point, again on the easterly location line
of said 1934 layout; thence, leaving said property line and following said location line northerly, in two courses, about 14 feet and about 93 feet, respectively,to the point of beginning;
containing about 379 square feet.PARCEL 24-PUE-4:A parcel of land supposed to be owned by James N. Burke & Pamella J. Burkeadjoining the westerly location line of the July 17, 1934 (Layout
No. 3116) State highwayalteration of North King Street (Routes 5 & 10) and bounded by the line described as follows: Beginning at a point on said location line and on the property line
of land of said James N. Burke& Pamella J. Burke and other land of James N. Burke& Pamella J. Burke, said point bearing S 63°14’10” W and being about 23 feet distant from about station
87+92 of the baseline location of said 1934 layout and extends thence, leaving said property lineand following said location line southerly about 223 feet to a point on the property
line dividing land of said James N. & Pamella J. Burke and land of GBR North King, LLC (4/9 interest) Northampton Holdings, LP (2/9 interest) WLR NorthamptonA, LLC (3/9 interest); thence,
leaving said location line and following said property line westerly about 5 feet; thence, leaving said property line N 27°45’11” W about 163 feet; thence N 27°20’36” W about 60 feet
to a point, again on the property line of land of said James N. & Pamella J. Burke and other land of James N. & Pamella J. Burke; thence, following said property line easterly about
6 feet to the point of beginning; containing about 1,226 square feet.
PARCEL 24-PUE-5: A parcel of land supposed to be owned by James N. Burke & Pamella J. Burke adjoining the westerly location line of the July 17, 1934 (Layout No. 3116) Statehighwayalterationof
North King Street (Routes 5 & 10) and bounded by the line described as follows: Beginning at a point on said location line and on the property line dividing land of said James N.Burke
&Pamella J. Burkeand other land of James N. Burke & Pamella J. Burke,said point bearing S 63°14’10” W and being about 23 feet distant from about station 87+92 of the baseline location
of said 1934 layout and extends thence, leaving said location line and following said property line westerly about 6 feet;thence, leaving said property line N 27°20’36” W about 42 feet
to a point on the property line dividing land of said James N. Burke & Pamella J. Burke and land of Gerald F. Randall; thence, following said property line easterly about 7 feet to a
point, again on the location line of said 1934 layout; thence, leaving said property line and following said location line southerly about 40 feet to the point of beginning; containing
about 255 square feet.
PARCEL 24-PUE-6:A parcel of land supposed to be owned by Gerald F. Randall adjoining the westerly location line of the July 17, 1934 (Layout No. 3116) State highway alteration ofNorth
King Street (Routes 5 & 10),the location line of Section 1 of the State highway alteration of North King Street (Routes 5 & 10), as hereinbefore described, andbounded by the line described
as follows: Beginning at a point on the westerly location line of the July 17, 1934 (Layout No. 3116) State highway alteration ofNorth King Street (Routes 5 & 10), said point bearing
S 67°51’10” W and being23.95 feet distant from station 84+92.60 of the baseline location of said 1934 layout and extends thence, following said location line southerly, in two courses,
about 132 feet and about 130 feet,respectively, to a point on theproperty line dividing land of said Gerald F. Randall and land of James N. Burke & Pamella J. Burke; thence, leaving
said location line and following saidproperty linewesterly about 7 feet; thence, leaving said property line N 27°20’36” W about 151 feet; thence N24°49’26” W about 137 feet to a point
on the property line dividing land of said Gerald F. Randall and land of William J. Lachance; thence, following said property line easterly about 6 feet to a point on the location line
of Section 1 of the State highway alterationof North King Street (Routes 5 & 10), as hereinbefore described; thence, leaving said property line and following said location lineS 24°59’15”
E about 29 feet to the point of beginning; containing about 1,785 square feet.
Easements are hereby taken in the parcels of land shown on the plan hereinafter referred to as Parcels 24-TE-1 to 24-TE-10, inclusive, and 24-TE-12 to 24-TE-21, inclusive, for the purpose
of effecting the necessary construction within said parcels, and consistsof the right to enter upon said land at any time during the effective period of the easements to construct slopes
of excavation and/or embankment, driveways and/or walkways, and to perform any other necessary incidental construction. Said easements are temporary in nature and are to be in effect
only for a period of five years from the date of recording of this instrument.
The State highway hereby altered and laid out, as hereinbefore described,the section of City highway altered and laid out and the aforesaid takings are shown on a plan signed by the
Chief Engineer and signed by the Massachusetts Department of Transportation, Highway Division, and on file in its office, said plan being entitled:“MASSACHUSETTS DEPARTMENT OF TRANSPORTATIONPLAN
OF ROADSIN THE CITY OFNORTHAMPTONHAMPSHIRE COUNTYALTERED AND LAID OUT AS A STATE HIGHWAYBY THE MASSACHUSETTS DEPARTMENT OFTRANSPORTATION, HIGHWAY DIVISIONSCALE:20 FEET TO THE INCH (EXCEPT
AS NOTED)”an original of which is to be recorded with this “Order of Layout and Taking” in the Registry of Deeds for HampshireCounty, at Northampton.For damages sustained by the following
owners in their property by reason of the aforesaid taking, and in accordance with the provisions of General Laws, Chapter 79, Section 6, as amended, awards are made. The Department
reserves the right to amend the awards at any time prior to the payment thereof for good cause shown.PARCEL NO.SUPPOSED OWNERAREABOOKPAGE24-1John F. Skibiski, Jr. et. al.19,823 S.F.976531424-3William
J. Lachance2,529 S.F.23276924-4GBR North King, LLC et. al.886 S.F.5032255542114993157124-5Walter H. Rubin et. al.1,719 S.F.147427215665561566558156656024-6Big Y Foods, Inc.1,500 S.F.130188131617741927531076916624-7Billmar,
Inc.853 S.F.133740724-8Gerald F. Randall10 S.F.264214524-1-CJohn F. Skibiski, Jr. et. al.9,070 S.F.976531424-D-1John F. Skibiski, Jr. et. al.9,021 S.F.976531424-D-1-CJohn F. Skibiski,
Jr. et. al.1,611 S.F.976531424-PUE-1John L. Hunter & Sheila C. Hunter4,400 S.F.718413024-PUE-3Red Barn Realty, LLC379 S.F.1168110624-PUE-4James N. Burke & Pamella J. Burke1,226 S.F.252316224-PUE-5James
N. Burke & Pamella J. Burke255 S.F.252316424-PUE-6Gerald F. Randall1,785 S.F.264214524-TE -1GBR North King, LLC et. al.3,965 S.F.5032255542114993157124-TE-2James N. Burke & Pamella
J. Burke2,243 S.F.252316224-TE-3James N. Burke & Pamella J. Burke900 S.F.252316424-TE-4Gerald F. Randall1,646 S.F.264214524-TE-5William J. Lachance1,023 S.F.23276924-TE-6William J. Lachance3,436
S.F.23276924-TE-7John F. Skibiski, Jr. et. al.45,723 S.F.976531424-TE-8Billmar, Inc.1,752 S.F.133740724-TE-9Red Barn Realty, LLC440 S.F.1168110624-TE-10John L. Hunter & Sheila C. Hunter5,344
S.F.718413024-TE-12Amerco Real Estate Company4,193 S.F.341934724-TE-13Gerald F. Randall3,934 S.F.264214524-TE-14James N. Burke & Pamella J. Burke595 S.F.252316424-TE-15James N. Burke
& Pamella J. Burke3,233 S.F.252316224-TE-16GBR North King, LLC et. al.5,792 S.F.5032255542114993157124-TE-17Walter H. Rubin et. al.1,416 S.F.147427215665561566558156656024-TE-18Laurel
Ridge Realty 35 S.F.4577304Associations, LP24-TE-19City of Northampton214 S.F.996111124-TE-20Big Y Foods, Inc.80 S.F. 13018813161741927531076916624-TE-21Thomas Rossmassler& Sarah C.
Rossmassler676 S.F.11681108The names of the owners herein given, although supposed to be correct, are such only as matters of opinion and belief.It is thereforeDECLARED: That said way
as altered, as described herein, and as described and shown on said plan, be and the same is hereby laid out and taken charge of by the Commonwealth; thatthe Massachusetts Department
of Transportation shall file in the office of the County Commissioners of the County, or their successors, if any, and in the office of the City Clerk of the City in which said way is
located, certified copies of said plan and of this certificate, signed by the Director, Right of Way Bureau, attesting that said Department has laid out and taken charge of said way
as altered in accordance with said plan, together with a copy of this adjudication.It is also,DECLARED: That the Secretary to the Massachusetts Department of Transportation, be and
hereby is instructed to file in the office of the County Commissioners of said County, or their successors, if any, and in the office of the City Clerk of the City in which said wayis
located, certified copies of said plan and of this certificate, signed by the Director, Right of Way Bureau, attesting that said Department has laid out said section of City way in accordance
with said plan.Dated at Boston this___________________________________________
JOHN DELEIRE MASSACHUSETTS DEPARTMENT
OF TRANSPORTATION DIRECTOR, RIGHT OF WAY BUREAU
THE COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
On this _________ day of ____________, 20____, before me, the undersigned notary public, personally appeared John DeLeire, the Director, Right of Way Bureau for the Massachusetts Department
of Transportation, whose name is signed on the preceding document, and such person acknowledged to me that he signed such document voluntarily for its stated purpose. The identity of
such person was proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned. Notary PublicMy commission expires: