11/04/2019 BOARD OF SELECTMEN Agenda Packet

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ORDER OF TAKING TOWN OF MASHPEE LEATHER LEAF LANE, BOG RIVER BEND, MILLER FARM ROAD AND FERN GULLY PASS (CHILDS RIVER EAST) The Board of Selectmen of the Town of Mashpee, a municipal corporation located in the County of Barnstable, Commonwealth of Massachusetts (the "Town") having complied with the preliminary requirements prescribed by law for the layout and acceptance of Town ways, voted to accept as a public way the layout of Leather Leaf Lane, Bog River Bend, Miller Farm Road and Fern Gully Pass, as shown on plans entitled "Road Taking Plan Leatherleaf Road", "Road Taking Plan Bog River Bend" and "Road Taking Plan Fern Gully Pass & Miller Farm Road" dated January 31, 2018, in Mashpee, Massachusetts (Barnstable County) and prepared by Cape and Islands Engineering, which plan was approved by said Board, and describes the boundaries of such way and the land included within the boundaries thereof. Said plan was filed with the office of the Town Clerk on August 5, 2019. The layout was accepted by a vote at a Town Meeting duly called for that purpose and held on October 21, 2019. It is the purpose and intent of the within Order of Taking to acquire for the Town the requisite legal interest in the land located within the boundaries of said way for the purpose of such public way as laid out. Wherefore, at a regularly convened meeting of the Board of Selectmen held on the 41h day of November 2019, it was voted and ordered that the Board, acting under the authority conferred by the provisions of General Laws Chapter 40 §14, Chapter 79, and any other enabling authority, adopt this Order of Taking, whereby a permanent easement for public highway purposes, including the right to occupy, construct, reconstruct, repair, maintain and otherwise control said way, is taken in and over those lands lying within the boundaries of Leather Leaf Lane, Bog River Bend, Miller Farm Road and Fern Gully Pass, as so laid out (the "easement area"). The boundaries of said way and the corresponding easement area acquired hereby are as shown on the above- referenced plan, which is hereby adopted as a part of this Order and recorded herewith. Trees, shrubs, and stone walls located within the above referenced easement area are also taken hereby, and said shrubs and stone walls may be relocated, as deemed necessary. Other structures so located are not taken and shall be removed or may be relocated whenever their removal or relocation shall be required for the purposes for which this easement is taken. The Town does not hereby take any interest in existing easements, if any, affecting the above referenced parcels that do not interfere with the use of the premises for the purposes for which this easement is taken, and it does not take any structures located within such parcels pursuant to such existing easements, provided, however, such structures may be relocated. Betterments are to be assessed under this Taking.