2024-05-13 SB Packet - Released - Laserfiche WebLink

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ORDER OF TAKING WHEREAS, the Town of Lexington, acting by and through its Select Board (the "Town° hereby certifies that the Town did vote to acquire by purchase or eminent domain, any fee, easement, or other interest in the land known as the westernmost portion of Tucker Avenue in Lexington, Middlesex County, Massachusetts and shown as "TUCKER(40' WIDE) AVENUE on a plan entitled "STREET LAYOUT AND ACCEPTANCE PLAN FOR TUCKER AVENUE", Prepared for Town of Lexington, Massachusetts by GCG Associates, Inc. and dated February 1, 2024 (the "Plan"), said Plan being recorded with the Middlesex South District Registry of Deeds (the "Registry") as Plan No. of 2024 (the "Pro�ert�'). WHEREAS, the Select Board has deemed that public necessity and convenience require that it should take charge of and take by eminent domain a fee interest in the Property for use as a pubic way; WHEREAS, the talcing was authorized by a two-thirds vote at the 2024 Annual Town Meeting held on March 18, 2024, pursuant to Article 8, a certified copy of which vote is recorded herewith; and WHEREAS, the Property is currently owned as set forth on Exhibit A attached hereto and incorporated herein by reference. NOW, THEREFORE, we, the undersigned Select Board of the Town of Lexington, acting herein under the authority conferred on us by Chapters 40 and 79 of the General Laws, do hereby adopt this Order of Taking to take, on behalf of the Town, a fee simple interest in all of the Property. AND FURTHER ORDERED that included in this talcing and without limiting the provisions of the foregoing, said taking includes the right of the Town of Lexington to use and inaintain the Property for all purposes for which public roadways are commonly used in the Town of Lexington, including but not limited to structures for the collection of storm drainage and sewerage, but not including wires, cables,poles,pipes, conduits and other appurtenances for the conveyance of gas, electricity, cable television, telephone or other electronic communication located in, on, under or upon the Property, and not including any improvements or structures constructed or installed on the Property. AND FURTHER ORDERED that betterments are to be assessed for this improvement. AND FURTHER ORDERED that no damages have been sustained by persons to their property by reason of this taking, and no damages awarded to any person.