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Clark Ave Access Easement46-48 School Street Northampton, MA 8k: 887GPg: 55 Page: 1 of 3 Recorded: 09/12/2006 1 O:G6 AM ACCESS EASEMENT KNOW ALL MEN BY THESE PRESENTS that-the City of Northampton (the "Grantor"), of 210 Main Street, Northampton, Massachusetts, pursuant to a vote of the City Council for the City of Northampton dated 3u-.-e 1 5- , 2006, a certificate of which is recorded herewith, for consideration paid, grants to Northampton Area Community Land Trust, Inc. (the "Grantee"), of 30 Market Street, Northampton, Massachusetts, and Grantee's successors and assigns, the perpetual, non-exclusive right and easement to pass and repass by vehicular and pedestrian traffic or otherwise within the area shown on Exhibit A attached hereto as "Access Easement" which may be incidental to any use of the land of the Grantee having an address of 46-48 School Street, Northampton, Massachusetts, which land is also adjacent to Clark Avenue, Northampton, Massachusetts. The land to which the foregoing right and easement is appurtenant is all of the land owned of record by the Grantee as shown on a deed from Valley Community Development Corporation to Northampton Community Land Trust dated July 21, 1994, and recorded with the Hampshire County Registry of Deeds, Book 4519, Page 341. The land area in which the aforesaid right and easement is granted is a portion of Parcel 2, containing 1,487 square feet,shown on a plan entitled "Site Plan for Clark Avenue Condominiums Phase I and Phase H Northampton (Hampshire Co.) MA Prepared for Donald W. Todrin'prepared by C.T. Male Associates, P.C., recorded with the Hampshire County Registry of Deeds, Plan Book 158, Page 8 (the "Plan"). The easement is, hereby conveyed together with the right to use the pavement on said land and is subject to the right hereby expressly reserved by the Grantor to continue to enjoy the use of said land area for all purposes not adverse to the rights herein granted to the Grantee and to the right of the Grantor to establish such land area as a public way. The Grantee, its successors and assigns shall be responsible for any and all snow removal, improvements, maintenance, repair and replacement of the pavement in the easement at its sole cost and expense. The Grantee farther agrees to obtain and maintain comprehensive general liability insurance insuring against any claims on account of bodily injury or property damage that may arise from persons passing and repassing over the easement area for purposes of accessing 46-48 School Street. For title reference purposes see deed from Fifty-Two/Fifty-Three Clark Avenue Associates, Inc. to the Grantors dated September 22, 1988, recorded with Hampshire County Registry of Deeds in Book 3349, Page 333. Return to: Felicity Hardee Bnikley, Richardson and Gelinas, LLP 1500 Main Street, Suite 2700 Springfield, IVIA 01115-5507 ~j IN WITNESS WHEREOF the undersigned hereunto has set her hand and seal this 6 day S er1' 2006. A J/~ THE CITY F ;RT ! TO By:°~. ~i~ Mary Clari Higgins, Ma~&/f COMMONWEALTH OF MASSACHUSETTS Hampshire County s On this C day of 2006 before me, the undersigned notary public, personally appeared 1'4'yi HIV , proved to me through satisfactory evidence of identification, which was /1yo-Ife. , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it as Mayor of the City of Northampton, voluntarily for its stated purpose 14,_ gyn. d~ • FeJ,~,,,,Notary Public My commission expires: i~~llllf/~~~ \ \Q ISsjo"V Q i J U~U~F~ v FfS., ~ o y r y l :T y. 17 L:. ~•Q .B 1 A' ,..fib"~ i,.".•`• . I :..a:w-~:: Amm~,m• •-TAIVT'AR•FaTRTt /ll i~aGi ~TA'C A CNRIINI~I~I~II'II ~ ~ IA~Ii~ Bk: 8873Pg: 68 Page, I- of 2- Recorded: 09/12/2006 10:36 AM CITY OF -NORTHAMPTON MASSACHUSETTS ,ij c, June 15, 2006 Upon the recommendation of Office of Planning and Development and City Councilor David Narkewicz orslereal~ aat B IT RESOLVED WHEREAS, vehicle access to the Valley Community Development Corporation's School Street housing and to Clark Avenue Condominiums northerly parking lot is across an access driveway the City owns between Clark Avenue and Veterans Field Recreation' Area; and WHEREAS, because this access driveway is not a road, these property owners do not have clear rights to use this driveway, clouding their title and creating pressure on the City to maintain, the driveway as a road; and WHEREAS, providing an easement would clear title for VCDC and for Clark Avenue condominium owners and would also detail those property owners' maintenance responsibilities; and WHEREAS, the final easement language would, be approved by the Department of Public Works before granted by the Mayor; NOW, THEREFORE BE IT RESOLVED,' The City Council hereby authorizes the Mayor to grant an easement for abutters to pass and repass on said access driveway. Return to: Felicity Hardee Bulkdey, Richardson and Colinas, V 1500' .Main Street, Spite 2700 Springfield, MA 01115-5507 In City Council, July 20, 2006 Rules suspended, passed two readings and enrolled. Attest Clerk of Council Approved: Mary Clare Higgins, Mayor A true copy. Attest: Clerk of Council ~ 1ti . . . • 1. a t 1 u ~ . . . f l . ~ . . . , 1 • . . - . . . , . . 1 g 1 , ~ . , .:..I . . 009 1 ' ? ::i;•i:: : ~ r i ; ° ~ a'• ` ~ } - i.' i~`;j; ` f : V~ ' . :.c ~ i :::i:' . •,:.5: . -,t . .r,.:,1i1,• _ _ .,j, ''r . , . : ; ,L : C\.~.. 1' . : : : . : .1."'... ~'t : • ; . . r ~'~~i@cdm~ : ; .c i , ~u.._....~.~r. h~~ ~ No. 6882. P 3;01AM May, 8. 2006 3f5.. . . • id~gr~4Q~rot . ' 00.5129 aff, OF NORTHAMPTON • ~rA$aAC3N8Sn'YS • 'Vn idt~{ lro~uualy ......•....,BApxea9ar...22..._14.Hfl._ t , ' , QpA11„x~a:.~Sptn~;pdation_s~..Bis..,8vri0Y,r,..Aturor.,,Oszrid..i...,IfasaaEa,~.~r. • iadar+4 daf the city council accept a gilt of a parcel of lead Iran 11tty Two-Fifty Three Clark Avenua Associates, 2ne., As described in they attached deed, said parcel consisting.oi the =padvay leading gram-Clark Avenue to the parking area adjacent to Sheldon rield. in City Council, September 22, 1998 A motion vac made, eecoaded en4 passed unanimously, to affieud the above order to read - , ORDMM. that the City Council accept a gift of a parcel of land 7no as t s A i ' .r a e , ssoc from Fifty Tyro-Fifty Three Clark Avenue described in-the attached deed, said parcel consisting of the roadway leading from Clark Avenue to the parking area adds m%V ; " to Veterans Field. Y i In Clry COUndg■pt-ber 22',.. .1988 , Rua wmpon" pored two n and p eed «rafbl. Attest: • Adeline Murray , City Clerk { A MV44-David B. Mueants,Jr,.MByor A tree- Attest. City Clerk ,won$) lam g~ at peach pads Ps~S~i]~~ eamd4 wrh Nrnd~-.- ` , To N f e r • • May, 8. 2006 3:01AM No 6882 P. 4/5 s~;,~;:~;w s.;a Yy~~^',,~r~~+re~i•;`fs!fNseJ^-~ncs ~w:•,,,: "'TWIT" i/Rwon.'•Yl70aen1~"'q a...ecee.v,,•~wa>w'. r...•ar•r'iH:;.ww~a'.v f..; I.r!•n of • - NMMaNWtlTe ga1Te.?u nano INe1YleL.4-ILaM• FVFW) d" i 11 ~3349rwocp~,33 • 005123 R M ALL 900 BY MSS PHBSSRn'8 r"T P1r"-'1FI0/"M-TMF' CUU AVR1106 ASSOCIAYRS, 1110. of 111 Pleasant Atr•ei, Norehaopcaa 1lmprhirs Colteq. • 6o%grmrenied,tatoogildRlebopdd,sadlafullc>sotidrratlmof good and valuable prade•s grans to The City of Northampton Of 11orchamptaa. Keseaeha■ettd .n~ ~ LNme tita(ea4 k! Northampton bound and described so follovat pnevipl;oo,oad.y.olr,opp! 11Ml1 A parcel at land in Northampton, HAmpehite County. Hasaachusatte, lying northerly and westerly of Clark Avenue and Westerly of $auth Stracti and being more particularly bounded and deeeribad ".fellevsl B9gihninj at a point in the northerly sidcl%ne of Clark Avenue, said.point being westorly.alaag maid sideline 309.60 feet from an iron pipe marking the. southwesterly corner of land now or formerly of dillism p. and Penelope lloylel thence h following two courses along said Clark Avenue, 861'56152"v a diatanee of 10.80. t o e 814169105113 a distance of 5.64 feet to a point; thence along land nov or formerly of Robert R. pod Harjorls A. Clark 961!13123"W a distance of 8.42 feet to s poistl thence the following five courses along lend now or formerly of the grantor harem, 1167'11'20'V a distance of 8.00 feet to a point, 1e5'2813B"N a distance of 27.02 feet to a point, 1154056'14"N.e distance of 19.11 feet to a point. N76'39'54"Y a distance of 27.29 feet to a point. 183'12'33"11 a distsnoe of 20.65 feet to a pointt thence along land of the grantee herein 03542118116 s distance of 9.20 feet to a point; thence the following (out courses along land now or-feraerly of the granter h•rsia. 880'(9'42"E a distance of 11,10 feet to a point, S$7'44'46"g a distance of 64.66 feet -to a point, 970'271S3118 a diatooce of 37.65 feet to a point, $55'46'26118 a distance of 11,14 tact to the point of beginning. The parcel described above contains 1,497 oquaro fast, is ■ portioa'of the lend described • is Soak 3076 at Pege 238, is con algid subject to an saestant described to gook 2219 at past 31.~and is mare particularly shown Parcel Dooelt an entitI"d "Plan C.T. of Land ' in Northampton. (Besp■hit• County) NA, preP Asoooiatss, P.C dated )lay 2T. 1988. Bo=ng a parties of pri dsee conveyed to Fifty-fro/Fifty-throe Clark Avenue Associates. Ina:. by deed of Clark 1. too., dated October 23. 1987 mad recorded witi•tbm 9&Wshtxo Cosaty Registry of Dosch, gook 3070, Page 138. • n u ' <•klfvk~!-~7eeeoa~'llaaswCwlmal•1 • May. 8. 2006 3:01AM No. 6882 P. 5/5 ' ow3349mm03 ! , AKandi mr...hod and and thte......It n~ dq d.. Wt"blf, .........,.~l...AA r i.- /,nW.. 9., .A I19MIAT95. DC. .«y,...~.«....... , oneld U. TudrSn. It* Provident *ad • reeaurer ao Smummod6l >fs AAl Fmu «L ifbe 'L'hmpamad .sff ereddletberaAemcd emu V, Tedrlne pteoigent 04 Treuurar of n m-TYO/YYrn,-1UZ0 CLUX' AYSMUS ASSOCIATES# LNG. ; esd edawwledAbd du ioredoln$ ieRrunmi to be 40 (me scisa 4P4 bdm me ' Jenbt 9mArgia A1ob+v 1n.rAi+W[k,w~A r. f 1 AeCeAD~t..9! tit 14~~, ' Nf Oeeia1Fl06 ndNte w.,.,n . Detel4~etJ•(.o'ctndceod~minutes„~,M..Rre'denl'dendes~nr'Q~ ~ ~ ' . R c MM to 9K i AS Aim FY rltAM Of OF IMP aerl dMdpqrnrd to htee &a WWA a a" 0& d vm k'm fa!! Boar, ms&m ead to oda ddwt w er p+dm ed r rerlbt al & mwA d dN hu m" "WO &md M deUue a er Iwlm d Jo afm "ft" hllw *w4'w, tt w "Mod tMe,pw~keawy rwn tu.fWl aeru{deMlee 0WI sm Ow Wd prke ke IM eeneypae rkhrrt dWodim lot wl pe>M w tit+av9ra+na tew d b? ue pow er heaiehe n nron, AU wca rm*mmemu .,+d m66 dro be Imented v Iw d tlr bed , r.p,.w to w.Wt1 ~ rbD olai...6d1 aet eAen the ee1Wk/ d rq drd. Ne hl!eNr N drede dWI eenpt ■ e.ed far rrroldly roloa' c x It b een,plWwe erhq d: nAelnaena N I>ti+ ro/ati 11 E 71 C J 111111111 U11 1111 Bk: 8873Pg: 60 Page: 1 of 2 Recorded: 09/12/2006 10:36 AM SEWER EASEMENT Gf ~C`~K KNOW ALL MEN BY THESE PRESENTS, that NORTHAMPTON COMMUNITY AREA LAND TRUST INC., of 30 Market Street, Northampton, Massachusetts (hereinafter the "Grantor"), hereby grants, declares, transfers and delivers to the M City of Northampton, of 210 Main Street, Northampton, Massachusetts (hereinafter the -"Grantee") for consideration of one dollar ($1.00),'the following sewer easement (the a "Easement") for the purposes set forth below and as shown on a plan recorded with the Hampshire County Registry of Deeds, Plan Book 114, Page 97. N The Easement is hereby granted for the purpose of laying and maintaining a sewer line o for the benefit of the public. 0 P The Grantee shall have the right to enter upon said Easement to reconstruct, replace, maintain, inspect, operate,..repair and remove sewer pipes, sewer lines, manholes, and other structures and appurtenances previously installed within the Easement by the Grantee pursuant to z a taking, the instrument of which was recorded with the Hampshire County Registry of Deeds, Book 2219, Page 31 (the."Taking"). All work performed by the Grantee in said Easement shall a; be done in a good and skillful manner. The Grantor reserves the right to construct a retaining n wall or other site structures over the Easement as long as such construction does not interfere U) P °o with the normal operation of the sewer. In the event the Grantee must repair or replace any o 16 w sewer pipes, sewer lines, manholes, or other structures relating to the sewer line, Grantee shall o not be required to restore any retaining wall or other structure installed by Grantor in the U) Easement but Grantee shall otherwise use reasonable efforts to restore the Easement to its former 00 U) condition. The Grantee shall have all other rights and obligations set forth in the Taking. w The Grantor expressly reserves for itself all rights not otherwise granted to the Grantee hereunder or under the Taking. EXECUTED AS A SEALED INSTRUMENT this day of ' 2006. NORTHAMPTON AREA COMMUNITY LAND TRUST, INC. By: By: return try: Felid y Kalydee aulkley, Richardson and Geliawsj.V 15.00 Main Street, 'Suite 2700 Spririgfield, MA 01115-5507 Hampshire, ss. On this 1 day of , 2006, before me, the undersigned notary public personally appeared Joanne Campbell proved to me through satisfactory evidence of identification, which were peilt-,A~/MA drivers' license (circle one), to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose as President of Northampton Area Community Land Trust, Inc., a corporation. O.vARYOtilI/~ i Notary Public CO~LjT99Y PUBvaG C commission expires: • t}1 COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. COMMONWEALTH OF MASSACHUSETTS C~ On this day of 2006, before me,,the undersigned notary public personally appeared John Poirier, proved to me through satisfactory evidence of identification, which were pomem&,~/MA drivers' license (circle one), to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as Treasurer of Northampton Area Community Land Trust, Inc., a corporation. YON., d ~ : pal JP'R 2p -~,oi•.-~ VmQ ~o9in. :ALL V v cp0TARY r/~~~SAruUS~\\\ ®~O ISSfp•- ~i NRYpo BCD: _ ///~SArfat,;SE~ 4 \ , Notary Public 4y commission expires. -a-~J AT-TEST:...8.0 HIRE, A~ dj q _ ~ EO IS?' EPA - M&RIANNE L. DON0HU3 Recorded: 09/12/2006 10:36 AM CITY OF -NORTHAMPTON MASSACHUSETTS July 20, 2006 -9. q, C. Upon the recommendation of Office of Planning and Development and City Councilor David Narketivicz .0,/.Q r BE IT RESOLVED WHEREAS, the city holds a sewer easement across land of the Valley Community Development Corporation/Northampton Community Land Trust off of Clark Avenue; and WHEREAS, revisions to the easement will clarify the intent of the easement, protect the City's interests, and allow the property owner to use the easement area for parking; and WHEREAS, the final easement language would be approved by the Department of Public Works before recorded; NOW, TBEREFO BE IT RESOLVED, The City Council hereby authorizes the Mayor to accePt a sewer easement to cross said property. Return r .FeNcitly y a Bulkley, Richardson and 0a)" 1500 Plain Street., Suite 2 00 Springfiefa, MA 01115-5507 In City Council, August 17, 2006 gqRules suspended, passed two readings and enrolled. Attest`'1/1~_A~,Y-J fplerk of Council Approved: Mary Clare Higgins, Mayor A true copy. ATTEST: FF IYPSHIFE, in City Council., May 21, 2009 (---~ove€3 PETITION FOR ACCEPTANCE AS A CITY STREET WE THE UNDERSIGNED inhabitants of the City of Northampton hereby formally petition the Northampton City Council to accept Jackson Street with a new wider street layout as shown on plans prepared by Huntley Associates and plans prepared by TEC, Inc. and incorporated herein by reference. Subject to City Council approval, the City of Northampton will be acquiring property to the area to be included in the new street layout through a taking by eminent on May 21,.2009 (first reading May 7, 2009). Signatures of inhabitants of the City of Northampton (minimum of six) Name G~ Y, atu Attest'- -Y, d • ~w•au le of Council i-4 '.rlF'cly f-/o J A h-VC I U} D F~P 5~.~.• fll/F-P~✓i <K :~1 ~ /'1~1~ 1;~~ n nr.- ~`:1Z~~ ~/~.Y"1l Y(S C;c=_L.~;•L 1 = r- Vl!`C 1.1 1 7: IV pff A 0714 C#fo Street Address C~ PLA 1',,T1r\Tc AN DDEV EL,®PME1\1T CITY ©1F NORzHa SON planning ` conservation • Zoning ° housing portnership - redevelopment • northamplon GIs economic development • community development • historic • conununily preservation • central business architecture "I rr7 Wayne Peiden, PAICP, Director of planning and Development • Wfeiden @ NorlhamptonlvlA,gov • 413 -587-1265 TO: City Council FROM: Wayne Feiden, FAICP, Director of Planning and Development RE: Jackson Street-street acceptance of widened street layout DATE: May 15, 2009 At their meeting on May 7, 2009, City Council referred a street acceptance petition for Jackson Street to the Planning Board and the Board of Public Works. Board v Meeting Date Recommendation Planning Board May 14, 2009 In favor of street acceptance Board of Public Works May 15, 2009 In favor of street acceptance Street Acceptance would add the following parcels to the Jackson Street layout: Parcel AT-5, shown on the attached plan entitled "Jackson Street Alteration & Layout Plan, Plan of Land in Northampton, Massachusetts, Hampshire Registry, Prepared for the City of Northampton Office of Planning and Development," signed by Daniel Stasz, 5/15/2009, Huntley Associates, P.C. Parcels AT-2, AT-3, AT-4 as shown on the attached plan entitled "Jackson Street Alteration Layout Plan, Plan of Land in Northampton, Massachusetts, Hampshire Registry, Prepared for the City of Northampton Office of Planning and Development," signed by Daniel Stasz, 5/15/2009, Huntley Associates, P.C. City Hall 0 210 Main Street, Room 11 • Northampton, MA 01060 o ww",.NorthamptonMa.gov original printed on recycled paper Ti E.• u •g 6e~c°z au G9 tee;; I it I il - III ¢ ~ z>da. OH I l1 ~rrsN. G 11 ~{II z 111 0• f _ z~~ r i m II I I ~ O I z I I y I r I ~y I CL7, !B3 y.~ ~ev. n n n n4 £a2 z " I ma *k o p ~ I y 4m °a ~i ee "~oYN I 8^ Is z °P~ at r r~~o F~m~x So g 3am I o$ pS Qg~_~ - m~ a H~ '~yR Y Q,3 G F mr4,7„n PLAN Or LAND IN n 3 NOR'I'14AMPI'ON, MASSACHU SETTS - HAMPSHIRE REGISTRY FOP. THE CITY OF NORTHAM PTON - OFFICE OF PLANNING & Q: I ° I II r I u m I F . 2^k~, . ~ I o. • i II i , S o o m I m v a° r ,p _ W I - ~ a tines ~ z z° *SR' •ae A~ HK r~ nu I N - I . I a r a K 0 °z O~ff C7 UAI_, 4 M r M rn 9 ~ JACKSON STREET i I' i r ~ -I. AI;TERATION&; LAYOUT PLAN HuNTLei• nssoclrcr•es-, 2>-c-_ °,ol,~Taz ucnscnsrtcrm`6510IgL5 1lORTIIAIAi't0i1, iM551C11U5TI9 74 ~ , lJl v i6z r Pii~ t~ ~ K UI' T T • ~ o yC " ~nf~1~ c U In In ~ ,4 r in ~ m ti C'rrA4y\ " a LUIrQ I \ I G \ _ NIVA\ 'ON00 I u, I~ e G ~ Fn o ~ 0 0 c c z n a 8 z Ov z y m z V v 'r~l ~ m m O llVa3AG ,n0'GCl fA.ni.f0.+•(.I: \ z z n vin u a ,Lo'L11 n ,fn'Zl a rt,vm C v c° ° ~ ETOWC kC1, VIACL 'IT ,-v" \ ~ "oo m U + o Z N Accra ao+ .f' \ S ~ ~ C o ~ ° ° y " y'y Sj 'J• ~ M l` ~ n, ~ ' I v is v, /1:qf k sn>• o ~l4- I o ~ ~ C( Ft ~\f ~ "0 C I ZV~N rang e- TLS\'1 S u ar / r S m b. I ~ F m n _ T p S ' O oo c~ni oar ~Y~' \ ~,d0~, n ~ Vt R o - a ° m n lltl7r. '13u 314015 n V O ~ u+?rn~ ~ r ' N y r o a O~// G C 1 T:2, V: \ cno \ ~ `--1 ~-I~ A .d Wrw. m A 1 Ro ` J ~ 511+~ - :n ~ ° NN. nny v T e EO n Om AA O \ Tl 'z n c \ • ~ oS0 " ~Olnm O< \ ja N' \vJ-O~+ m0 ° Cm~ n0 9 A ,nyp - O Op= TS a naa. r"vm', ~ Fy.n z \ y ova ~~o 00o v4 ~m_ yp I ~ ui C m~_ °o svi l• \ v~ m~ °o^ On m~ ~ O o n~ z b l!0)7 I^ y Y ^m - A 'O O ~ ° N \ 'n A O ^ T n' \ H ~ o o m " m p PLAN OF LAND IN A NORTHAMPTON MASSACHUSETTS ~ v a p 1 o m n~ HAMPSHIRE REGISTRY HUNTL .z°. .z°. PREPARED FOR m j HUNTLEY ASSOCIATES, P.C. THE CITY OF NORTHAMPTON m m I t V v SURVEYORS ENGINEERS LICENEEU WE PROFESSIONALS ° o OFFICE OF PLANNING 301NDUSTRIAL DRIVE BAST IiORTNAI.i r'fON, AlASSACI IUSETTS OI d o o T)L'17L~T (1-D7,(L,`TTT r n CITY OF NORTHAMPTON, MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS 121,5 LoV1.8.i. t Street Northampton, [VIA 01060-2066 413-587-1570 Fax 413-587-1576 Edward S. Huntley, P.E Director REPORT AND RECOMMENDATION OF THE BOARD OF PUBLIC WORDS TO THE CITY COUNCIL On May 7, 2009, the Northampton City Council referred to the Northampton Board of Public Works and the Northampton Planning Board a petition for an alteration (widening) of Jackson Street. The Board of Public Works held a public hearing on May 15, 2009 and at a special meeting on May 1 5, 2009, after considering the petition; voted unanimously to recommend the alteration. Respectfully submitted The Board of Public Works of the City of Northampton L eard S. Huntley Director of Public Works c: Northampton Board of Public Works Northampton Planning Board .___n o._..,.. n 1.e.,a;- !1S I S(10 11- ~~~i~~~ia~~~u~p~Revised Mavz, zoos Bk: 9823P9: 61 Page: I Of 6 Rwop., 05272009 01:38 PM Ce- i ORDER OF TAKING THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. CITY OF NORTHAMPTON WHEREAS, the City of Northampton (hereinafter called the "City") is a-public body and corporate, organized and existing pursuant to the provisions of the Massachusetts General Laws, with offices at 210-212 Main Street, City Hall, Northampton, Hampshire County, Massachusetts; and WHEREAS, pursuant to M.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954, as amended by the Acts and Resolves of 2003, the City has the power to purchase, lease or otherwise acquire real property or any interest therein; and WHEREAS, in accordance with the provisions of M.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954, as amended the Acts and Resolves of 2003, the City has initiated a program for road and sidewalk improvements, hereinafter the Project; and WHEREAS, the City of Northampton has determined that it is necessary to acquire certain parcels, as identified below, in order to carry out the Project; and WHEREAS, the City has negotiated apurchase from the affected owner; and WHEREAS, approval to acquire a permanent easement interest in certain portions of the Property has been obtained from the Department of Public Works of the City of Northampton; and WHEREAS, approval to acquire said parcels, and an appropriation of the necessary funds has been made by the City Council of the City of Northampton; and NOW, THEREFORE, it is ordered that acting through and under the authority of M.G.L. Chapter 40 and Chapter 79 §2, as amended, and the Northampton Charter § 13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954 and pursuant to the powers set forth in those Acts, Charter and Statute and all other authority thereunto enabling, and pursuant to the provisions of Massachusetts General Laws, Chapter 79, as amended, and of n,Revised May 21, 2009 any and every power and authority to it, granted or implied, the City of.Northampton, hereby takes for itself a permanent Easement over said Parcel as described in Exhibit A, by eminent domain for the purposes associated with the program for road and sidewalk improvements to road, rights of way, rail trails and associated utilities at property address 120 Jackson Street, in Northampton, MA. The property taken comprises 5,541 square feet of land more or less and is more particularly described in Exhibit A, which is attached hereto and is incorporated by reference herein: The property to be taken is supposed to be owned by Northampton School Committee, with an address of, 120 Jackson Street Street, Northampton, MA 01060, and is a portion of land shown on the map of the Assessors of the City of Northampton as Map No. 24A, Parcel No. 042, and the Northampton School Committee has voted to surplus this land to the City of Northampton, This taking is made as a permanent easement over Land owner by the Northampton School Committee as described in Exhibit A and, except as provided below, is made together with any and all easements and rights appurtenant thereto, including trees, buildings, and other structures standing upon or affixed thereto and including the interests of the supposed owners, if any, in all public streets, highways, and public ways within or adjacent to the Property. EXCEPTING FROM the rights taken are all easements for wires, pipes, conduits, poles and other appurtenances for the conveyance of water, sewerage, gas, oil, steam electricity and telephone communication and other utilities now lawfully in or upon the Property. AND FURTHER ORDERED that in accordance with the provisions of M. G.L. Chapter 79 §6, as amended, and an agreement with the seller, an award of one dollar ($1.00) is made by the City of Northampton for damages sustained by the owner or owners and all other persons, including all mortgagees of record, having any and all interest in the Property and entitled to any damages by reason of the taking. The City of Northampton reserves the right to amend the award at any time prior to payment for good cause shown. AND FURTHER ORDERED that a representative of the City of Northampton shall record this Order of Taking in the Hampshire County Registry of Deeds, in Northampton, Massachusetts, within 30 days from its final passage, and shall notify the Treasurer and Collector of Taxes in the City of Northampton of this taking in accordance with M.G.L. Chapter 79 §7F, and shall cause notice of the taking to be given to all persons entitled thereto and to do all things necessary for the validity of this Order. 11Y Revised May 21, 2009 IN WITNESS WHEREOF, we, the City Council of the City of Northampton, have executed this Order of Taking this Q1 day of May, 2009. WITNESS TO ALL:-~ iic~~h~acl TY C , CI , CITY R. - sly r w .r T _ _i_1 THAMPTON David A. Murphy Maure n T. Carne M ianne L. LaBarge Rayfnond W. LaBarge ✓ CERTIFICATE OF THE CLERK CITY COUNCIL, CITY OF NORTHAMPTON Signed this Q I day of May, 2009. Mary L. Midura, City Council Clerk City of Northampton MARY L. MIDURA Notary Public Commonwealth of Massachu. -My-Commission-Expire.--- October ..29, 2015 I, Mary L. Midura, the Clerk of the City Council of the City of Northampton, hereby certify that the attached Order of Talking of certain easements located in Northampton, Hampshire County, Massachusetts, was executed on May, 2009, by Michael R. Bardsley, James M. Dostal, Maureen T. Caney, Paul D. Spector, Robert C. Reckman, David J. Narkewicz, David A. Murphy, Marianne L. LaBarge, and Raymond W. LaBarge, who as of that day, were and are the duly elected members of the City Council of the City of Northampton. Robert C. Reclkman Revised May 21, 2009 EXHIBIT A Land in Northampton more particularly bounded and described as follows: Property Description: Land at Jackson Street Jackson Street School Northampton, Ma. 01060 Parcel 24A-042-001, consisting of 5,541 square feet of land more or less, shown as a plan entitled, "Jackson Street Alteration & Layout Plan, Plan of Land in Northampton, Massachusetts, Hampshire Registry, Prepared for The City of Northampton, Office of Planning & Development" prepared by Huntley Associates, PC dated May .21, 2009 showing the affected property for this in-fee simple taking from said plans attached as Exhibit A; and Recorded at the Hampshire County Registry of Deeds at Plan Book~ q Page ~ Cl - The Land is a portion of land shown on the map of the Assessors of the City of Northampton as Map No. 24A, Parcel No.042. This conveyance creates no new property lines. Please return deed to: Edward S. Huntley, P.E., 125 Locust Street, Northampton, MA 01060 7 1. > 1 alp~.J ka=. r' Z it ~ I or LAND IN I T T ac~r.'rllnnlrrori. arlnssncttuscrTs l RI;LT JACKSON ST LEY J = ~j,; u,rrarstur.L rr•.a1srRS nrr.,vaurna izrltntvuYrc)NI " ` AUPERATTON 3s FIUNTLEY ASSOCIATES. ^ a 4 THE CITY or vo qI=1" i yl LAYOUT PLAN 1>,_ orl.K- orPLANNING f i j REVI.SLD MAY 21, -2009 CITY OF NORTHAMPT ON MASSACHUSETTS D ...May 7; 2UU9 . Upon the recommendation of the Department of Public Works: Ordered' tfar:ct VTIEREAS, the City is working with. the Executive Office of Transportation Safe Routes to School I11frastructure h-iprovements Program for Jackson Street School, and the Massachusetts Highway Department, in the process of constructing a Rail Trail Colmection, Sidewalks, Handicapped Accessible Ramps, Curbing, Drainage, School Driveway Alterations, and two Speed Tables on Jackson Street and portions of the intersections with Prospect Street and Barrett Street and at the intersection of Prospect Street and Jackson Street (the "Project"); and WIHEREAS; the City has been working with the Northampton School Committee to identify a design, layout and tailing on certain portions of his property for the purpose of «idening and realigning Jackson Street, which also includes drainage and side-walk improvements, aI the intersectiorl of Prospect Street and Jackson Street hereinafter (the "Project"); NOW, THEREFORE BE IT ORDERED, That the City Council of the City of Northampton adopts the Order of Taking, -which is attached hereto and incorporated by reference herein. In City Council, May 7, 2009 Passed First Reding on a Roll Call Vote of 9 Yes, 0 No Attest s o~ • Y~"~ ~ > Clerl, of Council In City Council, iNlay 21, 2009 Passed Second Reading on a Roll Call Vote of 9 Yes, 0 No Attest 2-Clerk of Council Approved: Mare Clare Higgins, Mayor Rules suspended, passed two readings and enrolled. I hereby certify that the above order passed the Northampton City Council on Nlay 21,8009, 2009. Her Honor Mayor Mary Clare Higgins approved the order on Ma). 21, 2009. G +Y3t~ ~ isM R~u^xi i Attest: G o~ •~nkC tic.~Clerk of 2009 00011617 Reoorded: 05/27/2009 01:38 PM Revised May 21, 2009 L A el Lb~rcP ; roc u =c n S=~re~z.=~~ h1 cr~i~t~~~ ~-'rot, Hampshire, ss. ORDER OF.TAKING THE COMMONWEALTH OF MASSACHUSETTS CITY OF NORTHAMPTON WHEREAS, the City of Northampton (hereinafter called the "City") is a public body and corporate, organized and existing pursuant to the provisions of the Massachusetts General Laws, with offices at 210-212 Main Street, City Hall, Northampton, Hampshire County, Massachusetts; and WHEREAS, pursuant to M.G.L. Chapter 40 and Chapter, 79 §2 and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954, as amended by the Acts and Resolves of 2003, the City has the power to purchase,.lease or otherwise acquire real property or any interest therein; and WHEREAS, in accordance with the provisions of M.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 1.23 of the Acts of 1954, as amended the Acts and Resolves of 2003, the City has initiated a program for road and sidewalk improvements hereinafter the Project; and WHEREAS, the City of Northampton has detennined that it is necessary to acquire certain parcels, as identified below, in order to carry out the Project; and WHEREAS, the City has negotiated a purchase from the affected owner; and WHEREAS, approval to acquire a temporary construction easement interest in certain portions of the Property has been obtained from the Department of Public Works of the City of Northampton; and WHEREAS, approval to acquire said parcels, and an appropriation of the necessary funds has been made by the City Council of the City of Northampton; and NOW, THEREFORE, it is ordered that acting through and under the authority of M.G.L. Chapter-40 and Chapter 79 §2, as amended, and the Northampton Charter § 13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954 and pursuant to the powers set forth in those Acts, Charter and Statute and all other authority thereunto enabling, and pursuant to the provisions of Massachusetts General Laws, Chapter 79, as amended, and of L..1 Revised May 21, 2009 any and every power and authority to it, granted or implied, the City of Northampton, hereby takes for itself a temporary construction easement by eminent domain for the purposes associated with the program for road and sidewalk improvements to road, rights of way, rail trails and associated utilities at property address 120 Jackson Street, in Northampton, MA. The property taken comprises 9,299 square feet of land more or less and . is more particularly described in Exhibit A, which. is attached hereto and is incorporated by reference herein: The property to be taken is supposed to be owned,by Northampton School Committee, with an address of, 120 Jackson Street Street, Northampton, MA 01060, and is a portion of land shown on the map of the Assessors of the City of Northampton as Map No. 24A, Parcel No. 042 and Map No. 18C, Parcel No. 112, and the Northampton School Committee has voted to surplus this land to the City of Northampton, This taking is made as a three-year temporary construction easement and, except as provided below, is made together with any and all easements and rights appurtenant thereto, including trees, buildings, and other structures standing upon or affixed thereto and including the interests of the supposed owners, if any, in all public streets, highways, and public ways within or adjacent to the Property. EXCEPTING FROM the rights taken are all easements for wires, pipes, conduits, poles and other appurtenances for the conveyance of water, sewerage, gas, oil, steam electricity and telephone communication and other utilities now lawfully in or upon the Property. AND FURTHER-ORDERED that in accordance with the provisions of M.G.L. Chapter 79 §6, as amended, and an agreement with the seller, an award of one dollar ($1.00) is made by the City of Northampton for damages sustained by the owner or owners and all other persons, including all mortgagees of record, having any and all interest in the Property and entitled to any damages by reason of the taking. The City of Northampton reserves the right to amend the award at any time prior to payment for good cause shown. AND FURTHER ORDERED that a representative of the City of Northampton shall record this Order of Taking in the Hampshire County Registry of Deeds, in Northampton, Massachusetts, within 30 days from its final passage, and shall notify the Treasurer and Collector of Taxes in the City of Northampton of this taking in accordance with M.G.L. Chapter 79 §7F, and shall cause notice of the taking to be given to all persons entitled thereto and to do all things necessary for the validity of this Order. Revised May 21, 2009 IN WITNESS WHEREOF, we, the City Council of the City of Northampton, have executed this Order of Taking this a ` day of May, 2009. WITNESS TO ALL: •~(w-- CITY COIL, CITY OF NORT - AMPTON I Z ichael R. David A. Murphy at T. Carney 42~~ Marianne L. LaBarge 6LI-2 4- 'z', Raymond W. LaBarge CERTIFICATE OF THE CLERK CITY COUNCIL, CITY OF NORTHAMPTON I, Mary L. Midura, the Clerk of the City Council of the City of Northampton, hereby certify that the attached Order of Taking of certain easements located in Northampton, Hampshire County, Massachusetts, was executed on May Q-, 2009, by Michael R. Bardsley, James M. Dostal, Maureen T. Carney, Paul D. Spector, Robert C. Reckman, David J. Narkewicz, David A. Murphy, Marianne L. LaBarge, and Raymond W. LaBarge, who as of that day, were and are the duly elected members of the City Council of the City of Northampton. Signed this 1 k day of May, 2009. Mary L. Midura, City Council Clerk City of Northampton MARY E. MIDURA W Notary Public Commonwealth of Massachusetts My Commission Expires October 29, 2015 Robert C. Reckman Revised May 21, 2009 EXHIBIT A Land in Northampton more particularly bounded and described as follows: Property Description: Land at Jackson Street Jackson Street School Northampton, Ma. 01060 Parcel 24A-042-001, consisting of 9,299 square feet of land more or less, shown as a plan entitled, "Jackson Street Alteration & Layout Plan, Plan of Land in Northampton, Massachusetts, Hampshire Registry, Prepared for The City of Northampton, Office of Planning & Development" prepared by Huntley Associates, PC dated May 21, 2009 with a reduced scale attached and incorporated herein as Exhibit A; and Recorded at the Hampshire County Registry of Deeds at Plan Book Paged./' The Land is a portion of land shown on the map of the Assessors of the City of Northampton as Map No..24A, Parcel No. 042 and Map No. 18C, Parcel 112. This conveyance creates no new property lines. Please return deed to. Edward S. Huntley, P.E., .125 Locust Street, Northampton, MA 01060 " ~ it e I ICI ~Y' I ~ , aNI ~ I. '~ry~ _ to -ai 2 ,y i ' MRF II . n- I 1 7 ~1 - . - PLAN OF LAND IN ^ - ' NORTHAMPTON, NIASSACHUSr S „ I~ M ` c Iq _ ^ HAMPSHIRE REGISTRY FOR m °l Mr."ARM THE CITY OF NORTHAMPTON a ' a ' o e OFFICE OF PLANNING & u a HN .•Ic I___--- 6 Ij - i - 'I N 5V \ °ae I aF g Qy ~5 i~ K n y ~N <F ~j S q'4 090 I Y~ ! H l m r I _ - JACKSON STREET I Y ALTERATION S, HUNTLEY ASSOCIATES. P.C. LAYOUT PLAN Y ~ ~yY Q iI e M k p c e F 'v E o - R - fst' ~A ~ ll\ 4F SZS~ 5 h 'L ?e ? j~o of N = a PLEVISED :MAY 21, 2009 CITY OF NORTHAMPTON MASSACHUSETTS ay ; . ]vl...... 7 2009 -9n ity ~oun ccC' . Upon the recommendation of the Department of Public Works: ' tat Ordered../ WHEREAS, the City is working with the Executive Office of Transportation Safe Routes to School hifrastructure Improvements Progl-an1 for Jackson Street School, and the Massachusetts Highway Department, in the process of constructing a Rail Trail Connection, Sidewalks, Handicapped Accessible Ramps, Curbing, Drainage, School Driveway Alterations, and two Speed Tables on Jackson Street and portions of the intersections with Prospect Street and Barrett Street and at the intersection of Prospect Street and Jackson Street (the "Project"); and 'W'HEREAS, the City has been a=orking with the Northampton School Corrnliittee to identify a desi6u, layout and to ring on certain portions of h1S DTOpeliy for the purpose of «idening and realigning Jackson Street, which also includes drainage and sidewalk improvements, at the intersection of Prospect Street and Jackson Street hereina er (the "Project"); NO"N, THEREFORE BE IT ORDERED.. That the City Council of the City of Northampton adopts the Order of Taking;. which is attached hereto and incorporated by reference herein. In City Council, May 7, 2009 Passed First Reading on a Roll Call Vote of 9 Yes, 0 No Attest Clerk of Council In City Council, May 21, 2009 Passed Second Reading oil a Roll Call Vote of 9 Yes, 0 No Attest' Y~tie►+.+c r~ YV~Clerk of Council Approved: Mary Clare Higgins, Mayor Rules suspended, passed two readings and enrolled. I hereby certify that the above order passed the Northampton City Council On May 1,:2009, 2009. Her Honor NIayor Mary Clare Higgins approved the order on May 21, 2009. Attest: er of Council ~r fit{ Z~77n~~~ti7T TER _ Yf A M7F n rrn~~t 'v v - ';~NWiN~ VIII ImhN'~I~I,VN~WN'W Reoorded: 05/27/2009 01:38 PM A-P.-P.ec+,e_ct Lntnri; j tfi C tL'.:aZ F'i S't-f~>ZLT~ f l.~ GY`'~'rl O~ i✓L~~V I~l ORDER OF TAKING THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. CITY OF NORTHAMPTON WHEREAS, the City of Northampton (hereinafter called the "City") is a public body and corporate, organized and existing pursuant to the provisions of the Massachusetts General Laws, with offices at 210-212 Main Street, City Hall, Northampton, Hampshire County, Massachusetts; and WHEREAS, pursuant to M.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter § 13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954,.as amended by the Acts and Resolves of 2003, the City has the power to purchase, lease or otherwise acquire real property or any interest therein; and WHEREAS, in accordance with the provisions of M.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954, as amended the Acts and Resolves of .2003, the City has initiated a program for road and sidewalk improvements hereinafter the Proi ect; and WHEREAS, the City of Northampton has determined that it is necessary to acquire certain parcels, as identified below, in order to carry out the Project; and WHEREAS, the City has made every reasonable effort to acquire the identified property by negotiated purchase from the affected owner; and WHEREAS, approval to acquire a permanent easement interest in certain portions of the Property has been obtained from the Department of Public Works of the City of Northampton; and WHEREAS, approval to acquire said parcels, and an appropriation of the necessary funds has been made by the City Council of the City of Northampton; and NOW, THEREFORE, it is ordered that acting through and under the authority of M.G.L. Chapter 40 and Chapter 79 §2, as amended, and the Northampton Charter § 13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954 and pursuant to the powers set forth in those Acts, Charter and Statute and all other authority thereunto enabling, and pursuant to the provisions of Massachusetts General Laws, Chapter 79, as amended, and of any and every power and authority to it, granted or implied, the City of Northampton, hereby takes for itself a permanent easement over said Parcel as described in Exhibit A, by eminent domain for the purposes associated with the program for road and sidewalk improvements to road, rights of way, rail trails and associated utilities at property address 293 Prospect Street, in Northampton, MA. The property taken comprises 494 square feet of land more or less and is more particularly described in Exhibit A, which is attached hereto and is incorporated by reference herein: The property to be taken is supposed to be owned by Elizabeth L. & Jon C. Humphrey, with an address of, 293 Prospect Street, Northampton, MA 01060, and is a portion of land shown on a deed recorded in the Hampshire County Registry of Deeds at Book 6754, Page 87. This taking is made as a permanent easement over Land owned by Elizabeth L. & Jon C, Humphrey as described in Exhibit A, and, except as provided below, is made together with any and all easements and rights appurtenant thereto, including trees, buildings, and other structures standing upon or affixed thereto and including the interests of the supposed owners, if any, in all public streets, highways, and public ways within or adjacent to the Property. EXCEPTING FROM the rights taken are all easements for wires, pipes, conduits, poles and other appurtenances for the conveyance of water, sewerage, gas, oil, steam electricity and telephone communication and other utilities now lawfully in or upon the Property. AND FURTHER ORDERED that in accordance with the provisions of M.G.L. Chapter 79 §6, as amended, and an agreement with the seller, an award of an appraised value of nine hundred dollars ($900.00) is made by the City of Northampton for damages sustained by the owner or owners and all other persons, including all mortgagees of record, having any and all interest in the Property and entitled to any damages by reason of the taking. The City of Northampton reserves the right to amend the award at any time prior to payment for good cause shown. AND FURTHER ORDERED that a representative of the City of Northampton shall record this Order of Taking in the Hampshire County Registry of Deeds, in Northampton, Massachusetts, within 30 days fiom its final passage, and shall notify the Treasurer and Collector of Taxes in the City of Northampton of this taking in accordance with M.G.L. Chapter 79 §7F, and shall cause notice of the taking to be given to all persons entitled thereto and to do all things necessary for the validity of this Order. IN WITNESS WHEREOF, we, the City Council of the City of Northampton, have executed this Order of Taking this Q I day of May, 2009. WITNESS TO ALL; `~rv-;+•~•~ ON David A. Murphy Ma • T. Caney Uiamie L. LaBarge Rayn nd W. LaBarge CERTIFICATE OF THE CLERK CITY COUNCIL, CITY OF NORTHAMPTON I, Mary L. Midura, the Clerk of the City Council of the City of Northampton, hereby certify that the attached Order of Taking of certain easements located in Northampton, Hampshire County, Massachusetts, was executed on May Qj2009, by Michael R. Bardsley, James M. Dostal, Maureen T. Carney, Paul D. Spector, Robert C. Reckman, David J. Narkewicz, David A. Murphy, Marianne L. LaBarge, and Raymond W. LaBarge, who as of that day, were and are the duly elected members of the City Council of the City of Northampton. Signed this f; I day of May, 2009. Mary L. Midura, City Council Clerk City of Northampton MARY L. MIDURP. W Notary Public Commonwealth of Massachusetts My Commission Expires . October 29, 2015 Robert C. Reckman EXHIBIT A Property located at: 293 Prospect Street, Northampton, MA Land in Northampton more particularly bounded and described as follows: Legal Description: A certain parcel of land in the City of Northampton, Massachusetts, said parcel is located at the Northeast corner of Jackson Street and Prospect Street and is further described as follows: Beginning at an iron pipe on the easterly side of Jackson Street, said point being the northwesterly most comer of said parcel, and running thence; N87°44'33"E a distance of 2.17' to a point, thence; SO1°16'05"E a distance of 95.55' to a point, thence; S23°44' 17"E a distance of 29.19' to a point in the northerly side of Prospect Street, thence; N74'03'3 8"W a distance of 12.03' along Prospect Street to a point, thence; N07°24'53"W a distance of 39.38' along Jackson Street to a granite bound, thence; N00026'1 0"E a distance of 79.81' continuing along Jackson Street to the point of beginning. Said parcel contains 494 square feet of land, more or less. Parcel 24C-003-001, consisting of 494 square feet of land more or less, shown on a plan entitled, "Jackson Street Alteration & Layout Plan, Plan of Land in Northampton, Massachusetts, Hampshire Registry, Prepared for The City of Northampton, Office of Planning & Development" prepared by Huntley Associates, PC dated May 1.5, 2009, and recorded at the Hampshire County Registry of Deeds at Plan Book 2L20 , Page kf with a reduced scale attached and incorporated herein as Exhibit A; and The Land is a portion of land shown on a deed recorded in the Hampshire County Registry of Deeds at Book 6754, Page 87. This conveyance creates no new property lines. Please return deed to: Edward S. Huntley, P.E., 125 Locust Street, Northampton, MA 01060 m ;off-~ .9 ozEi- a M N 5i _rao ~ Z K9a. ,o m Q „ Q i 9N0 I a° ~N IS i~ -m p11 ~.i o_ 5 i i kkkkl~ t ONm rJK 4= °O o i~ v K Yn' m13 N 'L n \ Nn N y qtr O 2 cJi iIP LS Zagdso-U 0 TIIF r~R~....~..... \ D ~ O < ~lo to l~ _ o llbY3AU F ,C:'UE{ f:.„9i,CU.: LN " -c:c!. 7 -7 ' • ~ . ~~`l i' it a o' ~((n~ - G II ~ \ m o4~ ~ mold \ G. fPP O N PLAN OF LAND IN NORTHAMPTON; MASSACHUSETTS HAMPSHIRE RCGISTRY PREPARED FOR TB T -t i Ci 1'`IC'r' l:r tifVi 1 C1'J . g So o g a o~ o N c B Q g m ran 0~0 0 r- l J I-a R» _ - ~e• g~r.M1`,,'~; . KGB p00 I ~ I r" Oa0 'mom _ c= _ JUNTLEY I` ! ! ;iii:rr.-; AepCI ?S.P.C. t u. bpi stAse 'r I~^ I ao l xi ~ e = m~: u. ~P.rv.~z:i_'. ..-,~,,~n,•:~~....._._a..:~..;~= V I ~o C• REVISED MAY 21, 2009 CITY OF NORTHAMPTON MASSACHUSETTS May 7, 2009 Q ✓/2 61~ COGL/2CL Upon the recommendation of the Department of Public Works: Ordered' tu.t 'WHEREAS, the City is working with the Executive Office of Transportation Safe Routes to School Infiastructure improvements Program for Jackson Street School, and the Massachusetts Highway Department, in the process of constructing a Rail Tram. Colmection, Sidewalks, Handicapped Accessible Ramps, Curbing, Drainage, School Driveway Alterations, and two Speed. Tables on Jackson Street and portions of the intersections with Prospect Street and Ban-ett Street and at the intersection of Prospect Street and Jackson Street (the "Project" and WHEREAS, the City has been working with the Elizabeth L. & on C. Humphrey to identify a design, layout and taking on certain portions of their properly for the purpose of widening and realigning Jackson Street, tA-iich includes drainage and sidewalk improvements, at the intersection of Prospect Street and Jackson Street hereinafter (the "Project"); NOW, THEREFORE BE IT ORDERED. That the City Council of the City of Northampton adopts the Order of Taking, «7hich is attached hereto and incorporated by reference herein. In City Council, May 7, 2009 Passed First Readin., on a Roll Call Vote of 9 Yes, 0 No Attest: w.o~ t . Jerk of Council in City Council, May 21, 2009 Passed Second Reading on a Roll Call Vote of 9 Yes, 0 No Attest o~ . t . -y Clerk of Council Approved: Mary Clare Higgins, Nlayo, Rules suspended, passed two readings and enrolled. I hereby certify that the above order passed the Northampton City Council On May 21, 2009, 2009. Her Honor Mayor Mary Clare Higgins npproved the order on May 21, 2009. AttesC-Clerk of Council ;ice 13BST0 2?0090uu~1u3I9 Recorded: 05/27/2009 01:38 P 0-c4+1 CLA4 J or. 01'I ORDER OF TAKING THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. CITY OF NORTHAMPTON WHEREAS, the City of Northampton (hereinafter called the "City") is a public body and corporate, organized and existing pursuant to the provisions of the Massachusetts General Laws, with offices at 210-212 Main Street, City Hall, Northampton, Hampshire County, Massachusetts; and WHEREAS, pursuant to M.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954, as amended by the Acts and Resolves of.2003, the City has the power to purchase, lease or otherwise acquire real property or any interest therein; and WHEREAS, in accordance with the provisions of M.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954, as amended the Acts and Resolves of 2003, the City has initiated a program for road and sidewalk improvements hereinafter the Project, and WHEREAS, the City of Northampton has determined that it is necessary to acquire certain parcels, as identified below, in order to carry out the Project; and WHEREAS, the City has made every reasonable effort to acquire the identified property by negotiated purchase from the affected owner; and WHEREAS, approval to acquire a temporary easement interest in certain portions of the Property has been obtained from the Department of Public Works of the City of Northampton; and WHEREAS, approval to acquire said parcels, and an appropriation of the necessary funds has been made by the City Council of the City of Northampton; and NOW, THEREFORE, it is ordered that acting through and under the authority of M.G.L. Chapter 40 and Chapter 79 §2, as amended, and the Northampton Charter § 13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954 and pursuant to the powers set forth in those Acts, Charter and Statute and all other authority thereunto enabling, and pursuant to the provisions of Massachusetts General Laws, Chapter 79, as amended, and of any and every power and authority to it, granted or implied, the City of Northampton, hereby takes for itself for a temporary easement by eminent domain for the purposes associated with the program for road and sidewalk improvements to road, rights of way, rail trails and associated utilities at property address 293 Prospect Street, in Northampton, MA. The property taken comprises 337 square feet of land more or less and is more particularly described in Exhibit A, which is attached hereto and is incorporated by reference herein: The property to be taken is supposed to be owned by Elizabeth L. & Jon C. Humphrey, with an address of, 293 Prospect Street, Northampton, MA 01060, and is a portion of land shown on a deed recorded in the Hampshire County Registry of Deeds at Book 6754, Page 87. This taking is made as a three-year temporary construction easement over said Parcel as described in Exhibit A, and, except as provided below, is made together with any and all easements and rights appurtenant thereto, including trees, buildings, and other structures standing upon or affixed thereto and including the interests of the supposed owners, if any, in all public streets, highways, and public ways within or adjacent to the Property. EXCEPTING FROM the rights taken are all easements for wires, pipes, conduits, poles and other appurtenances for the conveyance of water, sewerage, gas, oil, steam electricity and telephone communication and other utilities now lawfully in or upon the Property. AND FURTHER ORDERED that in accordance with the provisions of M.G.L. Chapter 79 §6, as amended, and an agreement with the seller, an award of an appraised value of four hundred dollars ($400.00) is made by the City of Northampton for damages sustained by the owner or owners and all other persons, including all mortgagees of record, having any and all interest in -the Property and entitled to any damages by reason of the taking. The City of Northampton reserves the right to amend the award at any time prior to payment for good cause shown. AND FURTHER ORDERED that a representative of the City of Northampton shall record this Order of Taking in the Hampshire County Registry of Deeds, in Northampton, Massachusetts, within 30 days from its final passage, and shall notify the Treasurer and Collector of Taxes in the City of Northampton of this taking in accordance with M.G.L. Chapter 79 §7F, and shall cause notice of the taking to be given to all persons entitled thereto and to do all things necessary for the validity of this Order. IN WITNESS WHEREOF, we, the City Council of the City of Northampton, have executed this Order of Taking this Q1 day of May, 2009. WITNESS TO ALL: David J. Navl ewicz ~41 D. Spector Robert C. Reckman David A. Murphy Maureen T. Carney Mari nne L. LaBarge Ra. and W. LaBarge CERTIFICATE OF THE CLERK CITY COUNCIL, CITY OF NORTHAMPTON I, Mary L. Midura, the Clerk of the City Council of the City of Northampton, hereby certify that the attached Order of Taking of certain easements located in Northampton, Hampshire County, Massachusetts, was executed on May 31 , 2009, by Michael R. Bardsley, James M. Dostal, Maureen T. Carley, Paul D. Spector, Robert C. Recknian, David J. Narkewicz, David A. Murphy, Marianne L. LaBarge, and Raymond W. LaBarge, who as of that day, were and are the duly elected members of the City Council of the City of Northampton. Signed this @ 1 day of May, 2009. Mary L. Midura, City Council Clerk City of Northampton MARY L. MIDURA Notary Public Commonwealth of Massachusetts My Commission Expires October 29, 2015 d EXHIBIT A Property located at: 293 Prospect Street, Northampton, MA Land in Northampton more particularly bounded and described as follows: Parcel 24C-003-001, consisting of 337 square feet of land more or less, shown as a plan entitled, "Jackson Street Alteration & Layout Plan, Plan of Land in Northampton, Massachusetts, Hampshire Registry, Prepared for The City of Northampton, Office of Planning & Development" prepared by Huntley Associates, PC dated May 15, 2009 with a reduced scale attached and incorporated herein as Exhibit A; and se c e is v f''/4, q 13 V h v, r ki7 The Land is a portion of land shown on a deed recorded in the Hampshire County Registry of Deeds at Book 6754, Page 87. This conveyance creates no new property lines. Please return deed to: Edward S. Huntley, P.E., 125 Locust Street, Northampton, MA 01060 _ _ _ _ •'r:kg ~ I I I CR O ITII 2 1A F.; MU a 61 =i n~1 1 = u o ~ I i ~ i i oI PI.AIOI LAND W iN10R''I-It\MP"['ON. MASSACHUSETTS UN 'i .J HTEY I-IAt:1PSHIRE REGISTRY MMIA RED FOR 1 1 ~ :Is I r ..z:°nrlr•rzS. P.C. !°°i' ..I i,'i r, •.i t :..T' !'d,, f. (n. CRJ t u••. •'t - t DEVELOPMENT W 00 1-0 VI -L O W 'REMISED MAY 21; 20 .l CITY OF NORTHAMPTON MASSACHUSETTS _9" .ay 7, .2009 ~t~ M ~occncc Upon the recommendation of the Department of Public }Works: l~rLred t4at VtiTIEREAS, the City is working with the Executive Office of Transportation Safe Routes to School Infrastructure Improvernents Program for Jackson Street School, and the Massachusetts Highway Department, in the process of constructing a Rail Trail Connection, Sidewalks, Handicapped Accessible Ramps, Curbing, Drainage; School Driveway Alterations, and two Speed Tables on Jackson Street and portions of the intersections with Prospect Street and Barrett Street and at the intersection of Prospect Street and Jackson Street (t11e "Project"); and WHEREAS, the City has been working with the Elizabeth L. & Jon C. Hurnplli:ey to identify a design; layout and taking on certain portions of their property for the purpose of widening and realigliing Jackson Street., -which includes drainage and sidewalk improvements, al the intersection of Prospect Street and Jackson Street hereinafter (the "Project"); NOS', THEREEOU BE IT OI DrRED, That the City Council of the City of Northampton adopts the. Order of Taking, which is attached hereto and incorporated by reference herein. In City Council, May 7, 2009 Passed First Reading on a Roll Call Vote of 9 Yes, 0 No Attest: CI-1-Clerk of Council In City Council, M,-13'21,2009 Passed Second Rec~adQQin; on a Roll Call Vote of 9 Yes, 0 No Attest~r~ ~pL, CY JICf-Clerk of Council Approved: Mary Clare Higgins. Mayor Rules suspended, passed two readings and enrolled. I hereby certify that the above order passed the Northampton City Council On May 21, 2009, 2009. Her Honor Mayor Mary Clare Higgins approved the order on May 21, 2009. I"§a .4 0 U*rai Ag QZ"ar Attest: 7 yY ( -40- Clerk of Council