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HomeMy WebLinkAbout2019-10-24 BOS Packet - Released SELECTMEN'S MEETING Thursday, October 24, 2019 Cafeteria, Hadley Public Services Building, 201 Bedford Street 6:45 PM AGENDA ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve Deeds for the Purchase of Conservation Land Acquisitions: Kendall Road 6:45 p.m. and Sherburne Road South ADJOURN 1. Adjourn 7:05 p.m. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and Ley6edil"a subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Deeds for the Purchase of Conservation Land Acquisitions: Kendall Road and Sherburne Road South PRESENTER:TER• ITEM S NUMBER: Jim Malloy, Town Manager I.1 SUMMARY: The Town is targeting to close within the week on the p urc has e of properties located on Kendall Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-114 and Sherburne Road identified as Town of Lexington Assessor's Parcel ID 32-135. Action by the Board is required to approve the deeds and to authorize the Town Manager to sign the related closing documents. SUGGESTED MOTION: To approve the deed to the property located on Kendall Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-114, consisting of approximately 22,034 square feet substantially in the form presented at the October 24, 2019 meeting, with final changes to be approved by the Town Manager, or the Assistant Town Manager, in the Town Manager's, or Assistant Town Manager's, reasonable discretion in consultation with the Conservation Director and town counsel; and To authorize the Town Manager, or the Assistant Town Manager, to take all actions on behalf of the Town and the Board of Selectmen that are reas o nab ly necessary, in the judgment of the Town Manager, or the Assistant Town Manager, to complete the purchase of the property located on Kendall Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-114, consisting of approximately 22,034 square feet by the Town in accordance with the P urc has e and Sale Agreement by and between C ap ald i Limited Partnership, a Massachusetts limited partnership and the Town of Lexington, acting by and through its Conservation Commission, dated August 27, 2019, including, without limitation, signing a Deed, as well as closing forms, documents and settlement statements, and extending the closing date, if necessary. To approve the deed to the property located on Sherburne Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-135, consisting of approximately 4.8 acres substantially in the form presented at the October 24, 2019 meeting, with final changes to be approved by the Town Manager, or the Assistant Town Manager, in the Town Manager's, or Assistant Town Manager's, reasonable discretion in consultation with the Conservation Director and town counsel; and To authorize the Town Manager, or the Assistant Town Manager, to take all actions on behalf of the Town and the Board of Selectmen that are reas o nab ly necessary, in the judgment of the Town Manager, or the Assistant Town Manager, to complete the p urc has e of the property located on S herb urne Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-135, consisting of approximately 4.8 acres in accordance with the P urc has e and Sale Agreement by and between Colonial Development Corp., a Massachusetts corporation, and the Town of Lexington, acting by and through its Conservation C ommis s ion, dated August 27, 2019, including, without limitation, signing a Deed as well as closing forms, documents and settlement statements, and extending the closing, if necessary. FOLLOW-UP: TMO will execute closing documents for this purchase. DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2019 6:45 p.m. ATTACHMENTS: Description Type QUITCLAIM DEED Colonial Development Corp., a Massachusetts corporation with a principal place of business of 2 Arden Road, Watertown, MA 02172 for consideration paid in the amount of ONE HUNDRED SEVENTY-FIVE THOUSAND and 00/100 DOLLARS ($175,000.00)hereby conveys and grants to The Town of Lexington, Massachusetts, a Massachusetts municipal corporation having its principal office at Lexington Town Office Building, 1625 Massachusetts Avenue, Lexington, Middlesex County, Massachusetts 02420 with Quitclaim Covenants, The land off Sherburne Road, Lexington, Middlesex County, Massachusetts, being the remainder 0 of the land known as Lot 21 shown on Land Court Plan No. 27511 A(sheet 1) and being designated as Parcel I.D. 32-135 on the Lexington Assessor's Maps. The land hereby registered is subject to restrictions as set forth in a deed given by Charles W. Ryder et al, Trustees of the Lexington Estates Trust to Frank J. Bandzul dated August 25, 1947, recorded in Book 7177, Page 403 and assigned by an instrument given by Claire S. Ryder et al, a� Trustees of said Lexington Estates Trust to the Colonial Development Corporation dated July 18, 1957 duly recorded in Book 8995 Page 170. � � y � g a� So much of Lot 21, shown on said plan, as is included within the limits of the ditch, shown on said plan, is subject to such rights as may exist at the date of this decree. N O ►-� So much of said Lot 21 as is included within the limits of said Sherburne Road is subject to the rights of all persons lawfully entitled thereto in and over the same. Said Lot 21 is subject to the flow of a natural water course running through the same and shown on said Plan as a Brook. Said Lot 21 is subject to the right to maintain a culvert at the northwesterly corner thereof, as shown on said plan, as set forth in a taking by the Town of Lexington, dated September 11, 1940, duly recorded in Book 6432, Page 481 and to a water pipe easement in Winthrop road as set forth in a taking by said Town of Lexington dated May 26, 1947, duly recorded in Book 7156, Page 91. The land hereby registered is subject to an easement as set forth in a grant made by the Colonial Development Corporation to the New England Telephone and Telegraph Company and Boston Edison Company, dated April 10, 1957, duly recorded in Book 8934, Page 201. So much of said Lot 21 as is included within the area marked Sewer and Drain Easement running east and west, approximately shown on said plan, is subject to a sewer and drain easement as set forth in a grant made by the Colonial Development Corporation to the Town of Lexington, dated July 19, 1957, duly recorded in Book 8991, Page 207. So much as is included with the area marked Sewer easement running north and south, approximately shown in said plan, is subject to a sewer easement as set forth in a taking by the Town of Lexington dated July 2, 1948, duly recorded in Book 7311, Page 107. So much of said Lot 21 as is included within the limits of said Winthrop Road is subject to the rights of all persons lawfully entitled thereto in and over the same. Said Lot 21 is conveyed subject to a utility easement from Colonial Development Corp. to the Town of Lexington dated April 15,1959, filed with said Deeds as document number 340979. Said Lot 21 is conveyed subject to an Order of Taking for layout of Sherburne Road as a town way dated May 12, 1975, filed as Document No. 532427. For Grantor's title see Certificate of Title No. 94262. This conveyance does not constitute the sale or transfer of all or substantially all of the Grantor's assets within the Commonwealth of Massachusetts. [Remainder of page intentionally left blank] In witness whereof, the said COLONIAL DEVELOPMENT CORP has caused its corporate seal to be hereto affixed and these presents to be signed this day of October 2019. COLONIAL DEVELOPMENT CORP. By: Jane Capaldi President and Treasurer COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this this day of October 2019,before me,the undersigned notary public,personally appeared Jane Capaldi, President and Treasurer of COLONIAL DEVELOPMENT CORP., proved to me through satisfactory evidence of identification,being(check whichever applies): [] driver's license or other state or federal governmental document bearing a photographic image, [] oath or affirmation of a credible witness known to me who knows the above signatory, or [] my own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by her, as her free act and deed and the free act and deed of COLONIAL DEVELOPMENT CORP., voluntarily for its stated purpose. Notary Public My commission expires: QUITCLAIM DEED CAPALDI LIMITED PARTNERSHIP, a Massachusetts limited partnership,with an address of 2 Arden Road, Watertown, MA 02172 for consideration paid in the amount of FIFTY THOUSAND and 00/100 DOLLARS ($50,000.00) hereby conveys and grants to The Town of Lexington, Massachusetts, a Massachusetts municipal corporation having its principal office at Lexington Town Office Building, 1625 Massachusetts Avenue, Lexington, Middlesex County, Massachusetts 02420 with Quitclaim Covenants, That certain parcel of land situate in Lexington in the County of Middlesex and Commonwealth of Massachusetts shown as Lot 70 on a Plan hereinafter mentioned, and to which plan reference is hereby made for a more particular description. o All of the boundaries are determined by the court to located as shown on a plan, as modified by the Court, filed in the Land Registration Office, a copy of a portion of which is filed in the Registry of Deeds of the South Registry District of Middlesex County in Registration Book 638, Page 46, with Certificate 101596. Said Plan in shown as LCP Number 17511 C. 7� The above land is subject to restrictions as set forth in a deed given by Charles W. Ryder et al, Trustees of the Lexington Estates Trust to Frank J. Bandzul dated August 25, 1947, recorded in o Book 7177, Page 403 and assigned by an instrument given by Claire S. Ryder et al, Trustees of o said Lexington Estates Trust to the Colonial Development Corporation dated July 18, 1957, duly ►-� recorded in Book 8995, Page 170 only insofar as the same are now in force and applicable. Subject to and with the benefit of all easements and resections of record, if any, only insofar as the same are now in force and applicable. So much of Lot 70 on said plan, as is included within the limits of said Kendall Road is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to the above-described land the right to use the streets as shown on said plan in common with others entitled thereto, in the manner in which streets and ways are commonly used, set forth in Document No. 397309. For Grantor's title see Certificate of Title No. 247611. Capaldi Limited Partnership certifies that it is not classified during its current taxable year as a corporation for federal income tax purposes. WITNESS my hand and seal on the day of October 2019. CAPALDI LIMITED PARTNERSHIP By CAPALDI CORP., GENERAL PARTNER By: Jane Capaldi, President & Treasurer By: Jane Capaldi a/k/a Jane Eyre Capaldi, General Partner COMMONWEALTH OF MASSACHUSETTS ss On this day of October 2019, before me, the undersigned notary public, personally appeared the above Jane Capaldi, a/k/a Jane Eyre Capaldi, proved to me through satisfactory identification, being (check whichever applies): ❑ driver's license or other state or federal governmental document bearing a photographic image, ❑ oath or affirmation of a credible witness known to me who knows the above signatory, or ❑ my own personal knowledge of the identity of the signatory , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose President and Treasurer of CAPALDI CORP as General Partner of CAPALDI LIMITED PARTNERSHIP and individually as General Partner of CAPALDI LIMITED PARTNERSHIP. Notary Public My Commission Expires: RECORD VOTE OF THE LEXINGTON BOARD OF SELECTMEN OCTOBER 24, 2019 At a duly called public meeting of the Lexington Board of Selectmen on October 24, 2019, the Board voted as follows with respect to that certain property located on Kendall Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-114, consisting of approximately 22,034 square feet (the "Property): To approve the deed to the Property substantially in the form presented at the October 24, 2019 meeting, with final changes to be approved by the Town Manager, or the Assistant Town Manager, in the Town Manager's, or Assistant Town Manager's, reasonable discretion in consultation with the Conservation Director and town counsel; and To authorize the Town Manager, or the Assistant Town Manager, to take all actions on behalf of the Town and the Board of Selectmen that are reasonably necessary, in the judgment of the Town Manager, or the Assistant Town Manager, to complete the purchase of the Property by the Town in accordance with the Purchase and Sale Agreement by and between Capaldi Limited Partnership, a Massachusetts limited partnership and the Town of Lexington, acting by and through its Conservation Commission, dated August 27, 2019, including, without limitation, signing a Deed, as well as closing forms, documents and settlement statements, and extending the closing date, if necessary. TOWN OF LEXINGTON By its Board of Selectmen Douglas M. Lucente, Chair Jill I. Hai, Vice-Chair Joseph N. Pato Suzanne E. Barry Mark D. Sandeen RECORD VOTE OF THE LEXINGTON BOARD OF SELECTMEN OCTOBER 24, 2019 At a duly called public meeting of the Lexington Board of Selectmen on October 24, 2019, the Board voted as follows with respect to that certain property located on Sherburne Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-135, consisting of approximately 4.8 acres (the "Property"): To approve the deed to the Property substantially in the form presented at the October 24, 2019 meeting, with final changes to be approved by the Town Manager, or the Assistant Town Manager, in the Town Manager's, or Assistant Town Manager's, reasonable discretion in consultation with the Conservation Director and town counsel; and To authorize the Town Manager, or the Assistant Town Manager, to take all actions on behalf of the Town and the Board of Selectmen that are reasonably necessary, in the judgment of the Town Manager, or the Assistant Town Manager, to complete the purchase of the Property in accordance with the Purchase and Sale Agreement by and between Colonial Development Corp., a Massachusetts corporation, and the Town of Lexington, acting by and through its Conservation Commission, dated August 27, 2019, including, without limitation, signing a Deed as well as closing forms, documents and settlement statements, and extending the closing, if necessary. TOWN OF LEXINGTON By its Board of Selectmen Douglas M. Lucente, Chair Jill I. Hai, Vice-Chair Joseph N. Pato Suzanne E. Barry Mark D. Sandeen