2019-SHALT-CH81-7A-PUE-TE-NORTHAMPTON-INSTRUMENT PDF
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
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NORTHAMPTON
Layout No. 8664
and Order of Taking
WHEREAS, the Department of Public Works, acting on behalf of the Commonwealth of
Massachusetts, did, under dates of July 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 the
City 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 City Clerk of said City; and
WHEREAS, 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.
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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 (Routes 5 & 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 N 2952925.6277, 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 1
Section 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 (Routes 5 & 10), at N 2951596.5279, E 347684.9625, said point
bearing S 71°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
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(Routes 5 & 10) and extends thence, leaving said location line S 71°04’42” W 9.43 feet to a
point at N 2951593.4691, E 347676.0397; thence N 27°29’24” W 82.99 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 2
Section 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 S
67º51’10” 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” W 148.26 feet to a point
at N 2952660.1327, E 347156.5295; thence N 20º42’35” W 119.90 feet to a point at N
2952772.2855, E 347114.1290; thence N 59º38’16” W 54.13 feet to a point at N 2952799.6443,
E 347067.4266; thence S 54º27’23” W 60.73 feet to a point at N 2952764.3378, E 347018.0083;
thence S 19º44’21” W 25.98 feet to a point at N 2952739.8837, E 347009.2335; thence N
70º15’39” W 81.61 feet to a point at N 2952767.4471, E 346932.4180; thence N 29º56’26” E
311.40 feet to a point at N 2953037.2915, E 347087.8401; thence N 6º55’33” E 222.44 feet to a
point at N 2953258.1084, E 347114.6628; thence N 8º49’01” E 270.77 feet to a point at N
2953525.6741, E 347156.1652; thence N 8º28’57” E 71.11 feet to a point at N 2953596.0043, E
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347166.6541; thence N 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 25.00 feet 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 Northampton and 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 Northampton
establishes a location for the widening of a portion of Hatfield Street (formerly Hatfield Road)
on the westerly side thereof and is bounded by the location 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 the westerly location line of 1810 County layout 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
extends thence, leaving said location line N 0°28’27” W 239.82 feet to the point of ending
thereof, on the location line of Section 2 of the State highway alteration of North King Street
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(Routes 5 & 10), as hereinbefore described, at N 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 the points 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 to 24-8, 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.
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For the purpose of laying out, constructing and maintaining the section of City way
hereinbefore described, the Massachusetts Department of Transportation, 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 by John F. Skibiski, Jr. as devisee of
Mary A. Skibiski, adjoining the location 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 the July 17, 1934
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(Layout No. 3116) State highway alteration of North King Street (Routes 5 & 10) and extends
thence, following said location line S 29°56’26” W 311.40 feet; thence, leaving said location line
N 70°15’39” W 14.27 feet; thence N 28°21’51” E 311.29 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 alteration of 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 the location 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
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extends thence, leaving said location line N 3°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 S 0°28’27” E 239.82 feet to 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 (Routes 5 & 10) and bounded by the line described as follows:
Beginning at a point on said location line, said point bearing N 7450’40” E and being 41.75 feet
distant from station 82+19.61 of the baseline location of said 1934 layout and extending thence,
leaving said location line N 7933’51” E 6.73 feet; thence N 612’07” W 151.52 feet; thence N
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137’36” W 147.80 feet; 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 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
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 S 81º28’50” E and being 31.48 feet
distant from station 76+56.27 of the baseline location of said 1934 layout and extends thence,
leaving said location line S 4º51’28” W about 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.
Burke adjoining the westerly 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 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
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said 1934 layout and extends thence, leaving said property line and 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 Northampton A, 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) 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 and on the property line dividing 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 location line and following said
property line westerl y 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.
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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 of North 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, and bounded 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 of North King Street (Routes 5 & 10), said point bearing S 67°51’10” W and being 23.95
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 the property line dividing land of said Gerald F. Randall and land of James N. Burke
& Pamella J. Burke; thence, leaving said location line and following said property line westerly about
7 feet; thence, leaving said property line N 27°20’36” W about 151 feet; thence N 24°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 alteration of North King Street (Routes 5 & 10), as
hereinbefore described; thence, leaving said property line and following said location line S
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 consists of 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
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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 TRANSPORTATION
PLAN OF ROADS IN THE CITY OF
NORTHAMPTON
HAMPSHIRE COUNTY
ALTERED AND LAID OUT AS A STATE HIGHWAY
BY THE MASSACHUSETTS DEPARTMENT OF
TRANSPORTATION, HIGHWAY DIVISION
SCALE: 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 Hampshire County, 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.
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PARCEL NO. SUPPOSED OWNER AREA BOOK PAGE
24-1 John F. Skibiski, Jr. et. al. 19,823 S.F. 9765 314
24-3 William J. Lachance 2,529 S.F. 2327 69
24-4 GBR North King, LLC et. al. 886 S.F. 5032 255
5421 149
9315 71
24-5 Walter H. Rubin et. al. 1,719 S.F. 1474 272
1566 556
1566 558
1566 560
24-6 Big Y Foods, Inc. 1,500 S.F. 1301 88
1316 1774
1927 53
10769 166
24-7 Billmar, Inc. 853 S.F. 1337 407
24-8 Gerald F. Randall 10 S.F. 2642 145
24-1-C John F. Skibiski, Jr. et. al. 9,070 S.F. 9765 314
24-D-1 John F. Skibiski, Jr. et. al. 9,021 S.F. 9765 314
24-D-1 -C John F. Skibiski, Jr. et. al. 1,611 S.F. 9765 314
24-PUE-1 John L. Hunter & Sheila C. Hunter 4,400 S.F. 7184 130
24-PUE-3 Red Barn Realty, LLC 379 S.F. 11681 106
24-PUE-4 James N. Burke & Pamella J. Burke 1,226 S.F. 2523 162
24-PUE-5 James N. Burke & Pamella J. Burke 255 S.F. 2523 164
24-PUE-6 Gerald F. Randall 1,785 S.F. 2642 145
24-TE -1 GBR North King, LLC et. al. 3,965 S.F. 5032 255
5421 149
9315 71
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24-TE-2 James N. Burke & Pamella J. Burke 2,243 S.F. 2523 162
24-TE-3 James N. Burke & Pamella J. Burke 900 S.F. 2523 164
24-TE-4 Gerald F. Randall 1,646 S.F. 2642 145
24-TE-5 William J. Lachance 1,023 S.F. 2327 69
24-TE-6 William J. Lachance 3,436 S.F. 2327 69
24-TE-7 John F. Skibiski, Jr. et. al. 45,723 S.F. 9765 314
24-TE-8 Billmar, Inc. 1,752 S.F. 1337 407
24-TE-9 Red Barn Realty, LLC 440 S.F. 11681 106
24-TE-10 John L. Hunter & Sheila C. Hunter 5,344 S.F. 7184 130
24-TE-12 Amerco Real Estate Company 4,193 S.F. 3419 347
24-TE-13 Gerald F. Randall 3,934 S.F. 2642 145
24-TE-14 James N. Burke & Pamella J. Burke 595 S.F. 2523 164
24-TE-15 James N. Burke & Pamella J. Burke 3,233 S.F. 2523 162
24-TE-16 GBR North King, LLC et. al. 5,792 S.F. 5032 255
5421 149
9315 71
24-TE-17 Walter H. Rubin et. al. 1,416 S.F. 1474 272
1566 556
1566 558
1566 560
24-TE-18 Laurel Ridge Realty 35 S.F. 4577 304
Associations, LP
24-TE-19 City of Northampton 214 S.F. 9961 111
24-TE-20 Big Y Foods, Inc. 80 S.F. 1301 88
1316 174
1927 53
10769 166
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24-TE-21 Thomas Rossmassler & Sarah C. Rossmassler 676 S.F. 11681 108
The names of the owners herein given, although supposed to be correct, are such only as
matters of opinion and belief.
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It is therefore
DECLARED: 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; that
the 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 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 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
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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 Public
My commission expires: