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Home My WebLink About1973-09-05NOrth Andover L.O. No. 6137 & Order of Taking Mr. John J. Lyons Town Clerk Town Hall North Andover, Massachusetts September 13, 1973 ROW-444. Dear Sir: Acting under the provisions of Chapter 81 of the General Laws, Ter. Ed., the Department of Public Works did, ,under date of September 5, 1973 , alter the location of a section of State highway laid oR~ i~ the Town of North Andover, in the year 1961. A plan thereof and a certificate that said De- partment of Public Works has laid out and taken charge w±~h limited access provisions of Said State highway as altered/in accordance with said plan, are sent you herewith -/~/~/lf~/~ - for filing in your office according to t~e law. An attested copy of ~he adjudication and vote of the Commissioners relative to the laying out and taking charge of said State ~ighway as altered in accordance with said plan is enclosed. Kindl2 sign and return ~o ~his office as soon as possible ~he enclos~ed form of receipt. Yours truly, THE CO~k~ONWEALTH OF MASSACHUSETTS D~-PARTF.~NT O5 ?UBLIC WORKS North Andover Layout No. 6137 and Or,er of Taking Whereas, the Department of Public Works, acting on behalf of the Oomonwealth of Massachusetts, did, under date of June 6,1961 (L.O. #5111) lay out and take charge of as a limited access State highway, a road in the To~m of North Andover, County of Essex, being known as Interstate Route ~95 as shown on the plan of said State highway on file in the office of the Department of [ublic Works, copies of which have been filed in the office of the County Commissioners of said County and in the office of the Town Clerk of said Town; and Whereas, it now appears advisable to make certain 'changes in the easterly location line thereof. Now, therefore, acting under the provisions of Chapter 81 of the General Laws, as appearing in the Tercentenary ~dition thereof, and acts ~m amendment thereof and in addition thereto, the Department of Public ,orks adjudges that public necessity and convenience require %hat the Commonwealth should alter the location of said State highway and should lay out and take charge of said State highway as altered, with limited access provisions, as hereinafter described. The alteration consists of widening a portion of the aforesaid 1961 State highway layout on the easterly side thereof and is more fully described 1973 L.O. ~'6137 in North Andover Page2 '£he location line of the State highway hereby altered and laid out begins at a point on the easterly location line of the aforesaid 1961 State highway layout, said point bearing south 60033'25,, east and being 206J30 feet distant from station 62 * 71.59 of the main baseline of location of said 1961 State highway layout and extends thence, leaving said easterly location line north 0°59'35'' east 157.68 feet to the point of ending thereof again on said easterly location line, said point bearing north 72051'36" east and being 190.86 feet distant from said station 62 + 71.59. The location line as hereby altered and laid out is. to be further defined by bounds set thereon at the points of beginning and ending thereof. The restriction of access to and egress from said State highway location imposed under the limited access provisions of the aforesaid 1961 State highway layout is herebyvoided insofar as applicable to that portion of the easterly location line thereof, extending between the points of beginning and ending of the State highwayalteration hereinbefore described. For the purpose of laying out, constructing and maintaining said'State highway, the Department of Public works, on behalf of the Comm~rmmalth of Massachusetts, does hereby take, under the provisions of Chapter 79 of the General Laws and of ~Ohapter 679 of the Acts of 1965, all of the land, not already owned by the Commonwealth of ~ssachusetts, outside thelimits of the existing public way or ways and within the limits of layout hereinbefore described, including all trees and structures located thereon, (not, however, including poles, towers, lines, wires~ cables, and other appurtenances for the conveyance of electricity and telephone communication) situated in the Town of North Andover, County of Essex, all of said land being taken fee sLmple, the supposed owner of Parcel &-i shown on the plan L.O. ?!o. 6137 in North Andover Page 3 referred to, excepting from the rights-herein taken, all easement for wires~- pipes, conduits, poles and other appurtenances for t~ conveyance of water, sewage, ~as, oil and electricity and for telephone co~m,unication now lawfully in or upon said premises hereby taken mad a~l lawful rights of the public to use those parts of public way or ways in the Town of North Andover which are included in the foregoing description. The State ~ighway ~ereby altered and la~d out and the aforesaid takin~ are shown on a plan sigzmd by the Chief Engineer and signed by the Department of Public Works and on file in its office, said plan being entitLe4~ "T~ CC~O~%~ALTH OF F~S~C~ISETTS PLAN OF ROAD IN ~IE TO~ OF NOSTH ANDOVER ESSEX CC~UNTY Altered and laid cut as a State h~Ehway by the DF~ART~i~T OF PUBLIC WORKS September 5, 1973 f~ale: ~0 feet to the inch", an attested copy of which is to be recorded with this order of Layout and takir~ in t~e ~.~e~ist~y of Deeds for Essex Cou:~y~ Northern District, at Lawrence. For damaEes sustained by Webber~s of :;ortn Andover Inc., in its property by reason of the aforessid taking of Parcel ~-1 containin~ about L,03~ square feet and in accordance with %he p~ovisions of General Laws, Chapter 79~ ~ection ~, as amended, an awrrd is made. The Department 1973 L.6. No. 6137 in North Andover ~Page & reserves the right to amend the award at any time prior, to the payment thereof for good cause 8hewn. The name of the owner herein given, although supposed to be correct, is such only as a matter of opinion and_belief. It is therefore Voted: That said way as altered, as described herein and as described and shown on said plan, be and the same is hereby laid out and taken charge of by the Commonwealth, that the Oecretary to the Public ~orks Commission be and hereby is instructed to file, in the office of the County Commissioners of the County and in the office of the Town Clerk of the Town in which said way is located, certified copies of said plan and of a certificate signed by at least a majority of the members of the Public horks Commission attesting that the Department of ~blic Works has laid out and taken charge of said way as altered in accordance with said p!~n, together with a copy of this adjudication and vote. z~ated at ooston this fifth day of September, 1973. A TRUE COPY-ATTEST /s/ Pe~e~ ~. Donadi.c. of the /S/ ~lqo~m,E. Graf.... m~blic Works /s/ ~m~. 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