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Home My WebLink About04_Riverwalk Park Boardwalk Lot_Marsh Deed with Maprrr�,.5742 F.,,;_ 05 3592G M r:,-v r. t;u N10— I) y q"'A" - i , In-•,q 1, Y1161 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss Office of the Board of Selectmen of the Town of Yarmouth ORDER OF TAKING BY EMINENT DOMAIN OF LAND 1N YARMOUTH, BARNSTABLE COUNTY, MASSACHUSETTS FOR CONSERVATION AND RECREATION PURPOSES We, Joel M. Wolfson, Robert W. Saben, Jr., Jerome J. Sullivan, Matthew J. Steele and Edward B. Teague, I11, being the duly elected and qualified members of the Board of Selectmen of the Town of Yarmouth, a municipal corporation located in Barnstable County, Massachusetts, acting by authority of the vote taken under Article I of the warrant for the Special Town Meeting of the Town of Yarmouth held on January 7, 1987 and acting by virtue of the authority granted to us under Chapter 79 of the General Laws and acts and amendments thereof and 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 the Town of Yarmouth, the fee simple Interest for conservation purposes In the First Parcel and Second Parcel hereinafter described, and for recreation purposes in the Third Parcel hereinafter described: First Parcel Being Lots 5, 6, 7, 8, 9 and 10 as shown on plan entitled "Plan of Land in (West) Yarmouth, Mass. Scale 1" = 100' July, 1959 Gerald A. Mercer & Co., Inc. Engineers South Yarmouth, Mass." filed with the Land Court as Petitioner's Plan No. 29835A, a copy of which is filed with Barnstable County Registry of Deeds, Lot 5 is subject to an Order of Taking by eminent domain made by the Town of Yarm, ith dated March 9, 1972 recorded in Book 1618 Page 234, Lot 6 is subject to any rights legally existing in the ditches as shown on the Flan above referred to. All of the premises are subject to the rights of the public in the tidewaters of Lewis Creek, Lewis Pond, Parker's River and Nantucket Sound. Sv Inuuh of the pre1i1ises as are affecied are subject to road takings ,Trade by the Town of Yarmouth by Orders of Taking recorded in Book 837 Page 241; Book 940 Page 162; and Book 1745 Page 142. i N pec� 5742 P+sF 06 Second Parcel Being Lot 112 as shown on Land Court Plan 22713D dated March 1967 drawn by Barnstable Survey Consultants, Inc., surveyors and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds with Certificate of Title No, 24348. Subject to an easement running in favor of the Town of Yarmouth for the Installation of water mains registered as Document No. 50,033; to an Order of Taking for the layout of Pawnee Road registered as Document No. 111,399; and an easement running in favor of the Town of Yarmouth for a drainpipe and disposal area by Instruments registered as Document Nos. 115,266 and 115,267. Said premises are described in Certificate of Title No. 24348. Third Parcel Being Lot 4 as shown on plan entitled "Plan of Land in (West) Yarmouth, Mass. Scale I" = 100' July, 1959 Gerald A. Mercer & Co., Inc. Engineers South Yarmouth, Mass." filed in the Land Court as Petitioner's Plan No. 29835. Subject to an easement running In favor of South Sea Resort Investments, Inc. et al dated June 14, 1982 recorded in Book 3499 Page 217; an easement running in favor of the Town of Yarmouth dated October 1, 1974 recorded in Book 2112 Page 325; to an Order of Taking by eminent domain made by the Town of Yarmouth dated March 9, 1972 recorded in Book 1618 Page 234; and, to the extent applicable, to road takings recorded in Book 837 Page 241, Book 940 Page 162, and Book 1745 Page 142. Any trees on the land above described or structures thereon are included In this Order of Taking. The supposed owner of the First Parcel and the Third Parcel above described is Ronald S. Rudnick, Trustee of South Sea Village Nominee Trust under written Declaration of Trust dated April 1, 1981 registered as Document No. 278,920. The supposed owners of the Second Parcel above described are Antonio J. Chaves and Pauline L. Chaves by Certificate of Title No. 24348. 1987. ADOPTED and dated at Yarmouth this 4th day of May BOARD OF SELECTMEN TOWN OF YARMOUTH del M. W Ifson acU-6742 : _ V7 %1 - Matthew J. Std,61 Edward B. Teague, III COMMONWEALTH OF MASSACHUSETTS Barnstable, ss May 4 , 1987 Then personally appeared the above named JOEL M. WOLFSON, ROBERT W. SABEN, JR., JEROME J. SULLIVAN, MATTHEW J. STEELE and EDWARD B. TEAGUE, III as they constitute the Board of Selectmen of the Town of Yarmouth and acknowledged the foregoing instrument to be the free act and deed of the Board of Selectmen of the Town of Yarmouth, before me, Notary lic ,-j My commission expires: �p ,�na.o' t 1i 1 a-- CRENEY & GILMORE ATTORNEYS -AT -LAW 86 W11I OW STREET YARMOIITH PORT, MASSACHI ISF T 15 OZ61S 16111361-1- (page I Article 1) 5742 F.ui i'7;g TOWN OF YARMOUTH p y OFFICE OF THE TOWN CLERK AND TREASURER 1146 ROUTE 28, SOUTH YARMOUTH. MASS. 02664 KATHLEEN D. JOHNSON, C.M.C./C.MM.T. SPECIAL TOWN MEETING MATTACHBBSB MIDDLE SCHOOL JANUARY 7, 1987 QUORUM 514 plus ARTICLE 1: To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or take by eminent domain the following parcels of land: A) Lots 5, 6, 7, 8, 9 and 10 as shown on Land Court Petitioners Plan #29835A titled "Plan of Land in (West) Yarmouth, Mass, Scale l" = 100', dated July, 1959 by Gerald A. Mercer & Co. Inc., South Yarmouth, Mass and revised February, 1960, South Sea village Inc.- Petitioner" for conservation Purposes. B) Lot 112 as shown on Land Court Plan #22713D for conservation purposes. ..., as shown on " "' '- "' rv'--Lt--L Petitioners teal! #29835A titled "Plan of Land in (West) Yarmouth, Mass, Scale 1" = 1001, dated July, 1959 by Gerald A. Mercer & Co., Inc. South Yarmouth, Mass and revised Feb, 1960, South Sea Village Inc. - Petitioner" for recreation purposes. and appropriate a sum of money for such acquisition and borrow such sum under the provisions of Chapter 44 of the Massachusetts General Laws. The authority conferred by this article shall be contingent upon a successful proposition 2 1/2 override referendum exempting the borrowing principal and interest costs from the limitations of Proposition 2 1/2 as provided under Chapter 59 Section 21C of the Massachusetts General Laws. 2/3rds vote (Board of Selectmen) (con't.) (page 2 Article 1) sari 5742 'A.,� � 79 ��•Y� 0 TOWN OF YARMOUTH O _ 1-3 OFFICE OF THE TOWN CLERK AND TREASURER 1146 ROUTE 28. SOUTH YARMOUTH, MASS. 02664 4�a"1d KATHLEEN D. JOHNSON, C.M.C./C.MM.T. SPECIAL TOWN MEETING MATTACHSBSS MIDDLE SCHOOL JANUARY 7, 1987 QUORUM 514 plus Acting on Article 1. On motion made by Richard Martin, and duly seconded and recommended by the Selectmen and Finance Committee,to. move that the Selectmen be authorized to acquire by purchase, gift or eminent domain the following parcels of land: A. Lots 5, 6, 7, 8, 9 and 10 as shown on Land Court Petitioners Plan #29835A titled "Plan Of Land In (West) Yarmouth, Mass., Scale 1" = 100', Dated July, 1959 By Gerald A. Mercer & Co. Inc., South Yarmouth, Mass. And Revised February, 1960, South Sea Village Inc. - Petitioner" for conserv- ation purposes; O 1 t f �. Lot a is as OhVwll on Land Court Plan #22713D for conservation purposes. C. Lot 4 as shown on Land Court Petitioners Plan #29835A titled "Plan Of Land In (West) Yarmouth, Mass., Scale 1" = 100', Dated July, 1959 By Gerald A. Mercer & Co., Inc. South Yarmouth, Mass. And Revised February, 1960, South Sea Village Inc. - Petitioner" for recreation purposes; that $500,280.00 is appropriated for such acquisitions; and that to meet this approp- riation the Treasurer with the approval of the Selectmen is authorized to borrow $500,280.00 under the Massachusetts General Laws Chapter 44, Section 7; provided however, that this vote --.hall not take effect until the town votes to exempt from the limitation on total taxes imposed by General Laws Chapter 59, Section 21C amounts required to pay the principal of and Interest on the borrowing authorized by this vote. The vote was by the 2/3 requisite majority. Yes - 582 No - 62 8:17 PM A !rill/// copy Attes Kathleen D.Joh son Town Clerk/Td asurer Pg. 1-2 e 1