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Jackson St- street acceptance- Safe Routes to School-SURVEY-2005in 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