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TR-2013-28 LAND TAKINGS FOR BIKE PATH . T __ �—_ s �{lce� - --- - - 1 i � _ _,, L'k 19864 Ps4.S2 3.6676 06-1. 1--2013 @ O1 a SOP TR2013-28 4prN-ccL/ A RESOLUTION AUTHORIZING THE ADOPTION OF ORDERS OF TAKING FOR THE CONNECTICUT RIVER WALK LOOP UNDER THE AUTHORITY OF SECTION 14 OF CHAPTER 40 AND CHAPTER 79 AND CHAPTER 84 OF THE GENERAL LAWS FOR THE CONSTRUCTION&MAINTENANCE OF THE CONNECTICUT RIVERc-, WALK LOOP (Sponsored by Mayor Richard A.Cohen) 3� WHEREAS; authorizing the taking of interests in land necessary to allow for the construcAn, v� maintenance and improvements for the Connecticut River Walk Loop and; N WHEREAS, it is necessary to take, by eminent domain, certain real estate not owned by t►ke: Town of Agawam in easement (Exhibit 1-2) as more fully described herein pursuant to Section 14 of Chapter 40, Chapter 79 and Chapter 84 of the General Laws in order to construct and maintain The Connecticut River Walk Loop; WHEREAS, the interests in easement being taken by the Town of Agawam for the Connecticut River Walk Loop will result in damages being assessed to the owners of the parcels so taken in the amount of 2180.00. WHEREAS, M.G.L.c.90 allows Department of Public Works Director to authorize the funding for said takings of easements. NOW THEREFORE, in consideration of the foregoing, and by virtue and in exercise of the power conferred to the City Council, it is hereby resolved: 1. That the City Council of the Town of Agawam adopts the Orders of Taking attached hereto and incorporated herein as Exhibits 1 through 2 inclusive for the purposes more fully described therein. a. Exhibit 1 pertains to a 17 square foot area on property at 3 Michele Lane, Agawam, Massachusetts shown in Hampden County Registry of Deeds Book#19254, Page#50. i. It is the intention to take a temporary easement in this property, designated as TE-35 and which is said to be owned by Travis&Joanna K.Searles; ii. Temporary Easement shall be in effect for a period of no more fhan three years from the date of recording. iii. Damages are to be awarded for the taking on this property in the amount of $270.00. b. Exhibit 2 pertains to a 254 square foot area on the property located at 3 Michele Lane, Agawam, Massachusetts shown in Hampden County Registry of Deeds Book# 19254, Page#50. iv. it is the intention to take a permanent easement in the property designated as PE-10 which is said to be owned by Travis&Joanna K.Searles. v. Damages are to be awarded for the taking of this easement on the property in the amount of $1910.00. vi. Description Description of Easement"PE-10" A certain parcel of land shown as Parcel No. "PE-10"on a plan entitled"Plan of Land in Agawam,MA,Street Acceptance Plan(For Permanent and Temporary Easements),Prepared For Town of Agawam",dated March 4, 2013 by SHERMAN& FRYDRYK,Land Surveying and Engineering and recorded in the Hampden County Registry of Deeds Plans;6,Page 115 Uz-, bounded and described as follows; Beginning at a point at the intersection of the northerly line of School Street and the westerly line of Michele Lane as shown on said plan,thence running; Westerly approximately twenty five(25'f) feet along the northerly line of School Street to a point,thence turning and running; N 260 46' 25"E eight and 00/100(8.00') feet within land of Travis Searles as shown on said plan to a point,thence turning and running; N 370 11' 51"E twenty three and 47/100 (23.47') feet within land of said Travis Searles to a point on the westerly line of said Michele Lane, thence turning and running; Southerly approximately nineteen(19'f)feet along the westerly line of said Michele Lane to the paint of beginning. Containing an area of 254± Square Feet. vii. This permanent easement is laid out for transportation and public use purposes. That the purpose of said takings is for the Connecticut River Walk Loop including all appurtenances related thereto. a That the takings are made pursuant to the authority given to the City Council by Section 14 of Chapter 40'and Chapter 79 and Chapter 84 of the Massachusetts General Laws and of all acts in addition thereto and in amendment thereof, and of all power and authority the City Council hereto enabling. That an appropriation of money having been duly made for said takings was approved by a two-thirds vote of the City Council. That said takings include any easements and any and all trees and structures upon the land. Betterments are not to be assessed under the taking. That the City Treasurer be and here is authorized to pay said damages to the owners of the land specified herein, or to their heirs, executors, administrators, successors or assigns when said sums shall become payable as provided by law. Said sums shall be paid from the M.G.L.c.90 funds of$58,052.00. That the City Clerk shall certify the Orders of Taking on behalf of the Town of Agawam, City Council, for Purposes of recording the Orders in the appropriate registry of deeds and land court department within thirty (30) days after the adoption of this resolution and the Orders of Taking, and that she cause all persons entitled thereto to be notified of these proceedings in the manner required by law. Dated th is v day of AUJI, 2013. PER ORDER OF THE AGAWAM CITY COUNCIL btA -h (P-) Christopherjoh V President Date APPROVED AS O ORM AND LEGALITY C�- u Vincenty F. scia,City c P lLtl'111+� q C�Solicitor Date � L4t(A) cc - ma'L' C C n iffeJ }rc CC - a�o�-+-�- �✓ COMMONWEALTH OF MASSACHUSE:TTS CITY OF AGAWAM OFFICE OF THE CITY CLERK I hereby certify from records in my custody as City Clerk that this is a true copy of an Order adopted by the Agawam City Council at a regular meeting d on 2013 Date Richard M.Theroux,City Clerk DONALD E.ASHE,REGISTER HAMPDEN COUNTY REGISTRY OF DEEDS i 3k 1g864 Po4-S2 036676 TR2013-28 A RESOLUTION AUTHORIZING THE ADOPTION OF ORDERS OF TAKING FOR THE CONNECTICUT RIVER WALK LOOP UNDER THE AUTHORITY OF SECTION 14 OF CHAPTER 40 AND CHAPTER 79 AND CHAPTER 84 OF THE GENERAL LAWS FOR THE CONSTRUCTION&MAINTENANCE OF THE CONNECTICUT RIVER WALK LOOP (Sponsored by Mayor Richard A. Cohen) WHEREAS; authorizing the taking of interests in land necessary to allow for the construction, maintenance and improvements for the Connecticut River Walk Loop and; WHEREAS, it is necessary to take, by eminent domain, certain real estate not owned by the Town of Agawam in easement (Ewxhiblt 1-2) as more fully described herein pursuant to Section 14 of Chapter 40, Chapter 79 and Chapter 84 of the General Laws in order to construct and maintain The Connecticut River Walk Loop; WHEREAS, the interests in easement being taken by the Town of Agawam for the Connecticut River Walk Loop will result in damages being assessed to the owners of the parcels so taken In the amount of 2180.00. WHEREAS, M.G.L. c. 90 allows Department of Public Works Director to authorize the funding for said takings of easements. NOW THEREFORE, in consideration of the foregoing, and by virtue and in exercise of the power conferred to the City Council, it is hereby resolved: 1. That the City Council of the Town of Agawam adopts the Orders of Taking attached hereto and incorporated herein as Exhibits 1 through 2 inclusive for the purposes more fully described therein. a. Exhibit 1 pertains to a 17 square foot area on property at 3 Michele Lane, Agawam, Massachusetts shown in Hampden County Registry of Deeds Book#19254, Page#50. i. It is the intention to take a temporary easement in this property, designated as TE-35 and which is said to be owned by Travis &Joanna K. Searles; ii. Temporary Easement shall be in effect for a period of no more than three years from the date of recording. N. Damages are to be awarded for the taking on this property in the amount of $270,00, b. Exhibit 2 pertains to a 254 square foot area on the property located at 3 Michele Lane, Agawam, Massachusetts shown in Hampden County Registry of Deeds Book# 19254, Page#50. iv. It is the intention to take a permanent easement in the property designated as PE-10 which is said to be owned by Travis&Joanna K. Searles. v, Damages are to be awarded for the,taking of this easement on the property in the amount of $1910.00. vi. Description Description of Easement"PE-10" A certain parcel of land shown as Parcel No. "PE-10"on a plan entitled"Plan of Land in Agawam, MA, Street Acceptance Plan(For Permanent and Temporary Easements), Prepared For Town of Agawam", dated March 4, 2013 by SHERMAN& FRYDRYK, Land Surveying and Engineering and recorded in the Hampden County Registry of Deeds Plans,:M , Page 1! bounded and described as follows; Beginning at a point at the intersection of the northerly line of School Street and the westerly line of Michele Lane as shown on said plan,thence running; Westerly approximately twenty five (25'±) feet along the northerly line of School Street to a point,thence turning and ruining; N 260 46' 25"E eight and 00/100 (8.00')feet within land of Travis Searles as shown on said plan to a point,thence turning and running; N 37" 11' 51"E twenty three and 47/100 (23.47') feet within land of said Travis Searles to a point on the westerly line of said Michele Lane, thence turning and running; Southerly approximately nineteen (19'f) feet along the westerly line of said Michele Lane to the point of beginning. Containing an area of 254:E Square Feet_ vii. This permanent easement is laid out for transportation and public use purposes. That the purpose of said takings is for the Connecticut River Walk Loop Including all appurtenances related thereto. That the takings are made pursuant to the authority given to the City Council by Section 14 of Chapter 40 and Chapter 79 and Chapter 84 of the Massachusetts General Laws and of all acts In addition thereto and in amendment thereof, and of all power and authority the City Council hereto enabling. That an appropriation of money having been duly made for said takings was approved by a two-thirds vote of the City Council. That said takings include any easements and any and all trees and structures upon the land. Betterments are not to be assessed under the taking. That the City Treasurer be and here is authorized to pay said damages to the owners of the land specified herein, or to their heirs, executors, administrators, successors or assigns when said sums shall become payable as provided by law. Said sums shall be paid from the M.G.L.c.90 funds of$58,052.00. That the City Clerk shall certify the Orders of Taking on behalf of the Town of Agawam, City Council, for purposes of recording the Orders in the appropriate registry of deeds and land court department within thirty (30) days after the adoption of this resolution and the Orders of Taking, and that she cause all persons entitled thereto to be notified of these proceedings in the manner required by law. Dated this u day of AU A �L, ,,2023. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher Joh o President Date APPROVJOLID LEGALITY Vincent F. scia,City Solicitor Date COMMONWEALTH OF MASSACHUSETTS CITY OF AGAWAM OFFICE OF THE CITY CLERK I hereby certify from records in my custody as City Clerk that this is a true copy of an Order adopted by the Agawam City Council at a regular meeting d on View 2013 Date Richard M.Theroux,City Clerk DONALD E.ASHE,REGISTER HAMPDEN COUNTY REGISTRY OF DEEDS i L.rg(,jl Noticcsqw?m- LEGAL NOTICE as submitted to the Agawam i PUBLIC HEARING City Council by the Mayor. AGAWAM TR-2013-28 is available CITY COUNCIL for public inspection at the The Agawam City Council City Clerk's Office and the will conduct a public hearing Planning ]department, 36 on Monday, June 3, 2013, Main Street, Agawam, MA at 7:00pm, at the Roberta between the hours of 8:30am i G. Doering School, 68 Main to 4:30pm, Monday through i Street,Agawam, MA on TR- Friday. 2013-28 which is a resolu- BY ORDER OF: tion authorizing the adoption Christopher C.Johnson i of an Order of Taking for President of the the Connecticut River Walk Agawam City Council I Loop under the authority of 5/9.5/16/13 Section 14 of Chapter 40 and Chapter 79 and Chapter 84 LEGAL NOTICE of the Massachusetts General PUBLIC HEARING Laws for the construction AGAWAM and maintenance of the Con- CITY COUNCIL necticut River Walk Loop The Agawam City Coun- and worked aesthetic and accomplished drawing skills years. assist clients into easily visualizing new the aesthet- spaces. tay property "We get along really well, for one thing. ious layout. When we wont on a project, it really syncs. Amer,trans- There's a little push and pull but we think A classically that's what makes it work and why the de- Lail. sign comes out so fabulous in the end," said in Novem- Troiano. jed this past "There's the saying of`Do what you love orations and and you'll love what you do: That really launch party shows when we're with clients and in what community. we can create in here.It's a very natural thing en they walk and people can really pick up on that what's han the busi- happening is a good thing;'said Zellmer. its traditional Clients of the new Classic Interiors arc �r from Connecticut and Massachusetts with ers a full-ser- others farther away in the corners of New .ir distinctive England. The new business is happy to med sense of have also kept on clients from before they on to detail, arrived. le in this area "We can design in any style and I think f you were in that's a plus. Our clients are enjoying that w York. Our and they love the place and are thrilled that . ­,-;r x--- wr,r• Or ors��arl.o��,r�,.�,...^a,�...�rra�•�F'.^ifl'ld : • AGAWAM CITYCOUNCIL �,• 36 MAIN STREET- AGAWAM, MASSACHUSETTS 01001 LEGAL NOTICE LEGAL NOTICE PUBLIC HEARING AGAWAM CITY COUNCIL PRESIDENT Christopher C. Johnson The Agawam City Council will conduct a public hearing on Monday, VICE PRESIDENT June 3, 2013, at 7:00pm, at the Roberta G. Doering School, 68 Main Dennis J. Perry Street, Agawam, MA on TR-2013-28 which is a resolution authorizing the adoption of an Order of Taking for the Connecticut River Walk COUNCILORS Loop under the authority of Section 14 of Chapter 40 and Chapter 79 George Bitzas and Chapter 84 of the Massachusetts General Laws for the Cecilia P• Calabrese construction and maintenance of the Connecticut River Walk Loop as Paul C Cavallo submitted to the Agawam City Council by the Mayor. TR-2013-28 is James P. Cichetti Gina M. Letellier available for public inspection at the City Clerk's office and the Robert A. Magovern Planning Department, 36 Main Street, Agawam, MA between the Joseph Mineo hours of 8:30amAo 4:30pm,Monday through Friday. Donald M. Rheault Robert E. Rossi w ADMINISTRATIVE BY ORDER OF: —c ASSISTANT r� Barbara A. Bard Christopher C. Johnson President of the Agawam City Council Zr - NO TO BE ADVERTISED ON 5/9/13 and 5/16/13 Postal CERTJFIFD MAIL,. RECEIPT q- (Domestic Ln USE co O posta p $ Ln e«unae FW poserarit TELEPHONE m gee Hare (413) 726-9716 p O ppsd De1Wary V FAXD1�' ` (413) 726-9717 r- Tate popeage 6 Fees EMAIL .......................... bbard@agawam,ma.us : p or po Box Na ---------------------. AGAWAM CITY COUNCIL ;;; 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 LEGAL NOTICE LEGAL NOTICE PUBLIC HEARING AGAWAM CITY COUNCIL PRESIDENT Christopher C. Johnson The Agawam City Council will conduct a public hearing on Monday, June 3, 2013, at 7:00pm, at the Roberta G. Doering School, 68 Main VICE PRESIDENT Street, Agawam, MA on TR-2013-28 which is a resolution authorizing Dennis J. Perry the adoption of an Order of Taking for the Connecticut River Walk COUNCILORS Loop under the authority of Section 14 of Chapter 40 and Chapter 79 George Bitzas and Chapter 84 of the Massachusetts General Laws for the Cecilia P. Calabrese construction and maintenance of the Connecticut River Walk Loop as Paul C. Cavallo submitted to the Agawam City Council by the Mayor. TR-2013-28 is James P. Cichetti Gina Letellier available for public inspection at the City Clerk's Office and the Robert A. Magovern Planning Department, 36 Main Street, Agawam, MA between the Joseph Mineo hours of 8:30am to 4:30pm, Monday through Friday. Donald M. Rheault Robert E. Rossi Z ADMINISTRATIVE BY ORDER OF: ASSISTANT c� Barbara A. Bard Christopher C. Johnson President of the Agawam City Council :3r ry ti TO BE ADVERTISED ON 5/9/13 and 5/16/13 TELEPHONE (413)726-9716 FAX (413) 726-9717 EMAIL bbard@agawam.ma.us r TR2013-28 A RESOLUTION AUTHORIZING THE ADOPTION OF ORDERS OF TAKING FOR THE CONNECTICUT RIVER WALK LOOP UNDER THE AUTHORITY OF SECTION 14 OF CHAPTER 40 AND CHAPTER 79 AND CHAPTER 84 OF THE GENERAL LAWS FOR THE CONSTRUCTION &MAINTENANCE OF THE CONNECTICUT RIVER WALK LOOP (Sponsored by Mayor Richard A.Cohen) z WHEREAS; authorizing the taking of interests in land necessary to allow for the coniguct�q ' maintenance and improvements for the Connecticut River Walk Loop and; I ::Ec-� cn n 3� WHEREAS, it is necessary to take, by eminent domain, certain real estate not owne6 bye Town of Agawam in easement (Exhibit 1-2) as more fully described herein pursuant to SecW 1.$q Chapter 40, Chapter 79 and Chapter 84 of the General Laws in order to construct and main Tf Connecticut River Walk Loop; ' WHEREAS, the interests in easement being taken by the Town of Agawam for the Connecticut River Walk Loop will result in damages being assessed to the owners of the parcels so taken in the amount of 2180.00. WHEREAS, M.G.L. c. 90 allows Department of Public Works Director to authorize the funding for said takings of easements. NOW THEREFORE, in consideration of the foregoing, and by virtue and in exercise of the power conferred to the City Council, it is hereby resolved: 1. That the City Council of the Town of Agawam adopts the Orders of Taking attached hereto and incorporated herein as Exhibits 1 through 2 inclusive for the purposes more fully described therein. a. Exhibit 1 pertains to a 17 square foot area on property at 3 Michele Lane, Agawam, Massachusetts shown in Hampden County Registry of Deeds Book#19254, Page#50. i. it is the intention to take a temporary easement in this property, designated as TE-35 and which is said to be owned by Travis &Joanna K. Searles; ii. Temporary Easement shall be in effect for a period of no more than three years from the date of recording. iii. Damages are to be'awarded for the taking on this property in the amount of $270.00. L b. Exhibit 2 pertains to a 254 square foot area on the property located at 3 Michele Lane, Agawam, Massachusetts shown in Hampden County Registry of Deeds Book# 19254, Page#50. iv. It is the intention to take a permanent easement in the property designated as PE-10 which is said to be owned by Travis &Joanna K. Searles. v. Damages are to be awarded for the taking of this easement on the property in the amount of $1910.00. vi. Description Description of Easement "PE-10" A certain parcel of land shown as Parcel No. "PE-10" on a plan entitled "Plan of Land in Agawam, MA, Street Acceptance Plan(For Permanent and Temporary Easements), Prepared For Town of Agawam", dated March 4, 2013 by SHERMAN & FRYDRYK, Land Surveying and Engineering and recorded in the Hampden County Registry of Deeds Plans_, Page , bounded and described as follows; Beginning at a point at the intersection of the northerly line of School Street and the westerly line of Michele Lane as shown on said plan, thence running; Westerly approximately twenty five (25'±) feet along the northerly line of School Street to a point,thence turning and running; N 260 46' 25" E eight and 00/100 (8.00') feet within land of Travis Searles as shown on said plan to a point, thence turning and running; N 370 l 1' 51" E twenty three and 47/100 (23.47') feet within land of said Travis Searles to a point on the westerly line of said Michele Lane, thence turning and running; Southerly approximately nineteen (19'±) feet along the westerly line of said Michele Lane to the point of beginning. Containing an area of 254± Square Feet. vii. This permanent easement is laid out for transportation and public use purposes. That the purpose of said takings is for the Connecticut River Walk Loop including all appurtenances related thereto. That the takings are made pursuant to the authority given to the City Council by Section 14 of Chapter 40 and Chapter 79 and Chapter 84 of the Massachusetts General Laws and of all acts in addition thereto and in amendment thereof, and of all power and authority the City Council hereto enabling. That an appropriation of money having been duly made for said takings was approved by a two-thirds vote of the City Council. That said takings include any easements and any and all trees and structures upon the land. Betterments are not to be assessed under the taking. That the City Treasurer be and here is authorized to pay said damages to the owners of the land specified herein, or to their heirs, executors, administrators, successors or assigns when said sums shall become payable as provided by law. Said sums shall be paid from the M.G.L.c. 90 funds of$58,052.00. That the City Clerk shall certify the Orders of Taking on behalf of the Town of Agawam, City Council, for purposes of recording the Orders in the appropriate registry of deeds and land court department within thirty (30) days after the adoption of this resolution and the Orders of Taking, and that she cause all persons entitled thereto to be notified of these proceedings in the manner required by law. Dated this_day of .! 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher Johnson, President Date APPROVED AS O ORM AND LEGALITY Vincent F. ' scia,City Solicitor Date u COMMONWEALTH OF MASSACHUSETTS CITY OF AGAWAM OFFICE OF THE CITY CLERK I hereby certify from records in my custody as City Clerk that this is a true copy of an Order adopted by the Agawam City Council at a regular meeting held on ----.0 2013 Date Richard M.Theroux, City Clerk :f COMMONWEALTH OF MASSACHUSETTS TOWN OF AGAWAM Hampden County, ss ORDER OF TAKING At a lawfully convened meeting of the City Council of the TOWN OF AGAWAM (hereinafter referred to as "Town") held this day of , 2013, it was voted and ordered: The City Council, duly elected, qualified, and acting as such, on behalf of the Town and by virtue of and in accordance with the authority of the provisions of Chapter 40, Section 14, and Chapters 79 and 84 of the General Laws, as amended, the vote of the City Council as referenced in the Resolution authorizing the adoption of this Order of Taking for the Project and of any and every other power and authority which is hereunto in any way enabling, does hereby take by eminent domain for the purpose of constructing The Connecticut River'Walk Loop, a Temporary Easement in the property located in Agawam, in the County of Hampden and Commonwealth of Massachusetts identified in Exhibit "1" attached hereto. All the land is hereby taken in a temporary easement. Said land is owned or supposed to be owned by: Travis and Joanna K. Searles If the name of the Owner is not correctly stated, the name of the supposed Owner being given as of this Order of Taking, it is understood that in such instance the land referred to is owned by an owner or owners unknown to us. No betterments are to be assessed under this Taking. We have determined that damages are sustained by the entity whose property is taken by this Order as more fully set forth above, and accordingly we award damages pursuant to the provisions of G.L. c. 79, §6 to said entity. Damages are assessed to said entity in the amount of $270.00 PER ORDER OF THE AGAWAM CITY COUNCIL Christopher Johnson, President Date CERTIFICATION OF TOWN CLERK 1, Richard Theroux,as Clerk for the Town of Agawam/Clerk of the City Council of the Town of Agawam do hereby certify that at a meeting duly held on the_day of , 2013, the City Council of the Town of Agawam did vote the foregoing Order of Taking. RICHARD THEROUX Town Clerk/Clerk of the City Council COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss. On this day of 2013 before me, the undersigned notary public, personally appeared R[CHARD THEROUX, TOWN CLERK, proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ personal knowledge of the undersigned, ❑ oath or affirmation of a credible witness, to be the person whose name is signed on the preceding or attached document, and who swore, subscribed and affirmed to me that the contents of the document are truthful and accurate to the best of his knowledge and belief and that he signed the document in his capacity as Town Clerk for the Town of Agawam. Notary Public My commission expires: EXHIBIT "I" Exhibit 1 pertains to a 17 square foot area on property at 3 Michele Lane, Agawam, Massachusetts shown in Hampden County Registry of Deeds Book# 19254, Page#50. s COMMONWEALTH OF MASSACHUSETTS TOWN OF AGAWAM Hampden County, ss ORDER OF TAKING At a lawfully convened meeting of the City Council of the TOWN OF AGAWAM (hereinafter referred to as "Town") held this 18th day of March, 2013, it was voted and ordered: The City Council, duly elected, qualified, and acting as such, on behalf of the Town and by virtue of and in accordance with the authority of the provisions of Chapter 40, Section 14, and Chapters 79 and 84 of the General Laws, as amended, the vote of the City Council as referenced in the Resolution authorizing the adoption of this Order of Taking for the Connecticut River Walk Loop and of any and every other power and authority which is hereunto in any way enabling, does hereby take by eminent domain for the purpose of constructing and maintaining The Connecticut River Walk Loop, a permanent easement interest in the property located in Agawam, in the County of Hampden and Commonwealth of Massachusetts identified in Exhibit "2" attached hereto. All the land is hereby taken in permanent easement. Said land is owned or supposed to be owned by: Travis & Joanna K. Searles If the name of the Owner is not correctly stated, the name of the supposed Owner being given as of this Order of Taking, it is understood that in such instance the land referred to is owned by an owner or owners unknown to us. No betterments are to be assessed under this Taking. We have determined that damages are sustained by the entity whose property is taken in permanent easement by this Order as more fully set forth above, and accordingly we award damages pursuant to the provisions of G.L. c. 79, §6 to said entity. Damages are assessed to said entity in the amount of$1900.00 PER ORDER OF THE AGAWAM CITY COUNCIL Christopher Johnson, President Date CERTIFICATION OF TOWN CLERK 1, Richard Theroux, as Clerk for the Town of Agawam/Clerk of the City Council of the Town of Agawam do hereby certify that at a meeting duly held on the 18th day of March, 2013, the City Council of the Town of Agawam did vote the foregoing Order of Taking. RICHARD THEROUX Town Clerk/Clerk of the City Council COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss. On this day of , 2013, before me, the undersigned notary public, personally appeared RICHARD THEROUX, TOWN CLERK, proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ personal knowledge of the undersigned, ❑ oath or affirmation of a credible witness, to be the person whose name is signed on the preceding or attached document, and who swore, subscribed and affirmed to me that the contents of the document are truthful and accurate to the best of his knowledge and belief and that he signed the document in his capacity as Town Clerk for the Town of Agawam. Notary Public My commission expires: J EXHIBIT "2" Description of Easement "PE-10" A certain parcel of land shown as Parcel No. "PE-10" on a plan entitled "Plan of Land in Agawam, MA, Street Acceptance Plan (For Permanent and Temporary Easements), Prepared For Town of Agawam", dated March 4, 2013 by SHERMAN& FRYDRYK, Land Surveying and Engineering and recorded in the Hampden County Registry of Deeds Plans , Page , bounded and described as follows; Beginning at a point at the intersection of the northerly Iine of School Street and the westerly line of Michele Lane as shown on said plan, thence running; Westerly approximately twenty five (25'f) feet along the northerly line of School Street to a point, thence turning and running; N 260 46' 25" E eight and 00/100 (8.00') feet within land of Travis Searles as shown on said plan to a point, thence turning and running; N 370 11' 51" E twenty three and 47/100 (23.47') feet within land of said Travis Searles to a point on the westerly line of said Michele Lane, thence turning and running; Southerly approximately nineteen (19'±) feet along the westerly line of said Michele Lane to the point of beginning. Containing an area of 254± Square Feet. TR2013- A RESOLUTION AUTHORIZING THE ADOPTION OF ORDERS OF TAKING FOR THE CONNECTICUT RIVER WALK LOOP UNDER THE AUTHORITY OF SECTION 14 OF CHAPTER 40 AND CHAPTER 79 AND CHAPTER 84 OF THE GENERAL LAWS FOR THE CONSTRUCTION &MAINTENANCE OF THE CONNECTICUT RIVER WALK LOOP (Sponsored by Mayor Richard A. Cotten) WHEREAS; authorizing the taking of interests in land necessary to allow for the construction maintenance and improvements for the Connecticut River Walk Loop and; WHEREAS, it is necessary to take, by eminent domain, certain real estate not owned by the Town of Agawam in easement (Exhibit 1-2) as more fully described herein pursuant to Section 14 of Chapter 40, Chapter 79 and Chapter 84 of the General Laws in order to construct and maintain The Connecticut River Walk Loop; WHEREAS, the interests in easement being taken by the Town of Agawam for the Connecticut River Walk Loop will result in damages being assessed to the owners of the parcels so taken in the amount of 2180.00. WHEREAS, M.G.L. c. 90 allows Department of Public Works Director to authorize the funding for said takings of easements. NOW THEREFORE, in consideration of the foregoing, and by virtue and in exercise of the power conferred to the City Council, it is hereby resolved: 1. That the City Council of the Town of Agawam adopts the Orders of Taking attached hereto and incorporated herein as Exhibits 1 through 2 inclusive for the purposes more fully described therein. a. Exhibit 1 pertains to a 17 square foot area on property at 3 Michele Lane, Agawam, Massachusetts shown in Hampden County Registry of Deeds Book# 19254, Page#50. i. It is the intention to take a temporary easement in this property, designated as TE-35 and which is said to be owned by Travis &Joanna K. Searles; ii. Temporary Easement shall be in effect for a period of no more than three years from the date of recording. iii. Damages are to be awarded for the taking on this property in the amount of $270.00. b. Exhibit 2 pertains to a 254 square foot area on the property located at 3 Michele Lane, Agawam, Massachusetts shown in Hampden County Registry of Deeds Book# 19254, Page#50. iv. It is the intention to take a permanent easement in the property designated as PE-10 which is said to be owned by Travis&Joanna K.Searles. v. Damages are to be awarded for the taking of this easement on the property in the amount of 1910.00. vi. Description Description of Easement"'PE-10" A certain parcel of land shown as Parcel No. "PE-10" on a plan entitled "Plan of Land in Agawam, MA, Street Acceptance Plan (For Permanent and Temporary Easements), Prepared For Town of Agawam", dated March 4, 2013 by SHERMAN & FRYDRYK, Land Surveying and Engineering and recorded in the Hampden County Registry of Deeds Plans_, Page , bounded and described as follows; Beginning at a point at the intersection of the northerly line of School Street and the westerly line of Michele Lane as shown on said plan, thence running; Westerly approximately twenty five (25'±) feet along the northerly line of School Street to a point, thence turning and running; N 260 46' 25" E eight and 00/100 (8.00') feet within land of Travis Searles as shown on said plan to a point, thence turning and running; N 370 11' 51" E twenty three and 47/100 (23.471) feet within land of said Travis Searles to a point on the westerly line of said Michele Lane, thence turning and running; Southerly approximately nineteen (19'±) feet along the westerly line of said Michele Lane to the point of beginning. Containing an area of 254± Square Feet. vii. This permanent easement is laid out for transportation and public use purposes. That the purpose of said takings is for the Connecticut River Walk Loop including all appurtenances related thereto. That the takings are made pursuant to the authority given to the City Council by Section 14 of Chapter 40 and Chapter 79 and Chapter 84 of the Massachusetts General Laws and of all acts in addition thereto and in amendment thereof, and of all power and authority the City Council hereto enabling. That an appropriation of money having been duly made for said takings was approved by a two-thirds vote of the City Council. That said takings include any easements and any and all trees and structures upon the land. Betterments are not to be assessed under the taking. That the City Treasurer be and here is authorized to pay said damages to the owners of the land specified herein, or to their heirs, executors, administrators, successors or assigns when said sums shall become payable as provided by law. Said sums shall be paid from the M.G.L. c. 90 funds of$58,052,00. That the City Clerk shall certify the Orders of Taking on behalf of the Town of Agawam, City Council, for purposes of recording the Orders in the appropriate registry of deeds and land court department within thirty (30) days after the adoption of this resolution and the Orders of Taking, and that she cause all persons entitled thereto to be notified of these proceedings in the manner required by law. Dated this_day of 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher Johnson, President Date APPROVED AS TO FORM AND LEGALITY Vincent F. Gioscia, City Solicitor Date COMMONWEALTH OF MASSACHUSETTS CITY OF AGAWAM OFFICE OF THE CITY CLERK I hereby certify from records in my custody as City Clerk that this is a true copy of an Order adopted by the Agawam City Council at a regular meeting held on 2013 Date Richard M.Theroux, City Clerk