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Home My WebLink About4967 482 Buck Island Road Deed ,_ I . t J . BOOK$S78PAGE 2.30 28636 COMMONWEALTH OF MASSACHUSETTS Barnstable, as Office of the Board of Selectmen of the Town of Yarmouth ORDER OF TAXING BY EMINENT DOMAIN OF LAND IN YARMOUTH, BARNSTABLE COUNTY, MASSACHUSETTS, FOR RECREATION PURPOSES WE, JOEL M. WOLFSON, RALPH CIPOLLA, JR. , ARTHUR N. LUKE, ROBERT W. SABEN, JR. and RICHARD K. JOHNSON, the duly elected and qualified Selectmen of the Town of Yarmouth, a municipal corpora- ' Ition located in the County of Barnstable and Commonwealth of i ? Massachusetts, acting under authority of the vote taken on Article 9 of the warrant for the special Town meeting held on October 22, i 1980, and acting by virtue of the authority granted to us under ' Chapter 79 of the General Laws and Acts in amendment thereof and i I in addition thereto, having complied with all of the preliminary requirements prescribed by law do hereby ADOPT and DECREE this order of taking and do hereby TAKE by eminent domain as above set forth on behalf of said Town of Yarmouth the fee simple interest ,in the following described parcel of land situate in Yarmouth (West) , Barnstable County, Massachusetts, for recreation purposes, said parcel being bounded and described as follows: NORTHERLY by land now or formerly of Ethel M. Scudder and E. Raymond Taylor, eight hundred eighty- four (884+) feet more or less; ;EASTERLY by land now D. Co.,., nine hundred fifty-two and44/100eace (952.44+) feet more or less. SOUTHERLY, SOUTHEASTERLY, ORTHEASTERLY and I7ORTHERLY by West Sandy Pond, a great pond; ORTHEASTERLY by land now or formerly of A. D. Makepeace t Co., thirty-eight (38+) feet more or less; I ORTHWESTERLY by land now or formerly of A. D. Makepeace Co., one hundred eighty-two and 58/100 (182.58) feet; ORTHEASTERLY by land now or formerly of A. D. Makepeace Co., three hundred ninety and 05/100 (390.05) I feet; JOHN C.CRENEY,P.C. „TTONNtV•AT.uw 1 a NUMNAY NOAH I HYANNIS.p►uAaNu'aT*IP 01501 I SIT.ff1.0041 J • soo(3578 Paok 231 NORTHWESTERLY by the road as shown on hereinafter-mentioned plan, two hundred fifty-eight (258 +) feet more or less; NORTHWESTERLY by land now or formerly of A. D. Makepeace Co., nine hundred sixty-six and 48/100 (966.48 +) feet more or less; NORTHERLY by land now or formerly of A. D. Makepeace Co., three hundred fifty-four and no/100 (354.00) feet; EASTERLY by Higgins Crowell Road, fifty-nine and 68/100 (59.68) feet; SOUTHEASTERLY by land now or formerly of Milton L. Gluck et ux, Lawrence Donovan et ux and B. F. & C. C. Crocker, seventeen hundred forty-five and 06/100 (1745.06) feet; SOUTHERLY by the northerly sideline of Buck Island Road, fifteen hundred ninety-eight and 09/100 (1598.09) feet; NORTHWESTERLY by land of Town of Yarmouth, eight hundred twelve and 43/100 (812.43) feet; SOUTHERLY by the road as shown on said plan, four hundred sixty-three (463 +) feet more or less; SOUTHERLY by Town Brook Road and by land of owners unknown, four hundred forty (440 +) feet more or less; WESTERLY by the road as shown on said plan, fifteen hundred sixty (1560 +) feet more or less. Containing 69.3 + acres and being shown on plan entitled "Plan of Land in West Yarmouth Mass. for First New England Corp. Scale: 1 in. = 100 ft. Date: Aug. 15, 1973 Charles N. Savery Inc. Registered Engineers Surveyors Hyannis Mass." recorded with Barnstable County Registry of Deeds in Plan Book 277 Page 34. Any trees on the land above described or structures affixed thereto are included in this order of taking. This order of taking is subject to: 1. Rights of the public in Sandy Pond Road, an undefined public way, as shown on said plan. 2. Rights of the public in Town Brook Road, also known as Old South Sea Mill Road as shown on said plan. 3. Rights of the public in West Sandy Pond, a great pond. 4. Riparian rights in all water courses abutting or passing I through locus. 5. Easement rights described in a grant from Edward F. Mahar to Buzzards Bay Electric Company in instrument dated July 23, 1915 and recorded in Book 362 Page 320, insofar as said easement rights are applicable to locus. JOHN C.CRENEY.P.C. ATTOANIY.AT•LAW •MURRAY 110A0 _ HYAMMIS.MAAAAOMUS[Tfl -2 011101 1111.171.00A. II - . II" 8001U The names of the supposed owners are: Brian S. Braginton-Smith and Henry J. Blais, III, Trustees of West Sandy Pond Trust under written Declaration of Trust dated December 29, 1980 and recorded in Book 3242 Page 149. Winifred B. Johnston Nancy J. Kuhn Barbara J. Purington Hudson H. Baxter Peter H. Baxter fi Jon L. Holmes Joan Shallow i ADOPTED and dated at Yarmouth this 5th day of October , 1982. BOARD OF SELECTMENN iek. 0.1 son/k?' Ralph Cipolla, Jr. ur k 1( '!J( 9 is and K. J eon Robert • a en, COMMONWEALTH OF MASSACHUSETTS Barnstable, ss 06 2'et ," , 1982 Then personally appeared the above-named JOEL M. WOLFSON, ,p DOCILI7 MX L, ARTHUR N. LUKE, RICHARD K. JOHNSON and a major tyy of 'ROBERT W. SABEN, JR. as they constitute the Board of Selectmen of the Town of Yarmouth, and acknowledged the foregoing 1 .y»..' t1'�. to be their free act and deed, before me, 1 a%:,�, ••Y.; i '%1';.y•, �. l Notary P b1• �c: . `rIg'`•?".! ply commission expires: wow wail JOHN C.CRENEY•P.C. . _ ArroeNIr.Ar.uw II MURRAY ROAD HYANNIS.MAAAAONUO[YYO OAAOI OIf•1f LOON _ _ r _ . pf'Yit BDOK35178"w,c 233 ;; r c TOWN OF YARMOUTH O - 4--$ OFFICE OF THE TOWN CLERK AND TREASURER - SOUTH YARMOUTH.MASS. MATT ntv T♦ ,,9• SPECIAL TOWN MEETING, OCTOBER 22, 1990, MATTACHEESE MIDDLE SCHOOL QUORUM 972 ARTICLE 9. To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase or eminent domain, for recreation purposes, that parcel of land as shown on plan entitled "Plan of land in Yarmouth for First New England Corp. Scale 1" equals 100', Charles N. Savery, Inc. Hyannis, Mass. " recorded with Barnstable County Registry of Deeds in Plan - Book 277, page 34, to appropriate a sum of money for such acquisition; and to determine whether such sum shall be raised by taxation by transfer from available funds by borrowing under Chapter 44 of the General Laws, or combination thereof, or take any other action relative thereto. • Acting on Article 9: On motion made by Mr. Bartelomeo, seconded and recommended, and not recommended by the Finance Committee that the Board of Selectmen is authorized by purchase, eminent domain or otherwise for recreation purposes, the fee simple interest in the parcel entitled "Plan of Land in Yarmouth for First New England Corp. Scale 1" equals 100', Charles N. Savery, Inc. Hyannis, Mass." recorded in Plan Book 277, Page 34, that $400,000.00 is appropriated for the acquisition: and that to raise this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $400,000.00 under G. L. C.44, S 7 (2) as amended, that the Selectmen authorize to contract for Federal Aid, which shall be spent for this project provided that the total authorized,borrowing shall be reduced by amount of such aid. The vote passed by a two-thirds vote: Yes 744 No 311 at 10:12 P.M. • A TrUeCopy,Attest: Girol G. Z i owski Assistant p n:Clprk .. REOORDED OCT 8 82 r r ocF ` ^F,KT? M// J��O yL pF �9 y 5`y.F� EINfAy MANo y,,...• { XI j; „.tea { Ho...*s' ' '0 I. . 4s • J1• b„ l -A y' 1 ^au „ih" s% ✓ r l e 1• C 2' �" ..,till ` P - �_ _ - 7F. ff A<�o°rw a� .t < °` e vy L ° r �+ ky // T I s < WEST V4 / ,'I\1 > __ C JANDY ,Y < A ;i1 ;/ 'roNO 0 Ae li I y?1 V . �� //r i- i ,,,,,_ -_- ._. a , ,-- i / ,...... „;,..,_:- ,.......,, , ,... „....„, ///,‘„,- .,.. ,,,, „:„. , .„„ :;,----- .,_______ ..,,, , t _____________,; ,. ‘,.. ...,..... ..... ...„ „,- :,,--, 4 4 t• w �� ' •t -J ` .' 4 J j 69.3 Acs $,4 b Q 40 ; 2 .s iiae ROAD LA-v PLAN of LAND w,,',r YARMOUTH ..,Are f/Rsr NEW ENGLAND CORP •....-0-......,,...—....... o....w...it soot[:I.,,...au.: ,:(..!:; ...':- ‘,14-.:fR.', re:ANO./a,/+7a ...ems .,,, n.:_ s°<.�,- ...............A _ _np✓7�` evA,eees N..r..v 1, AVG. �6 Rse/a>e.ely ...f:r ,.,..r /ys 7 2