HomeMy WebLinkAboutAmendment Mills CR complete Final Joan Feb 10 2023 CS 7 18 23FINAL Joan 2/10/2023; Christine 7.18.23
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF FISH AND GAME
AMENDMENT
TO
CONSENSUAL ORDER OF TAKING
OF
CONSERVATON RESTRICTION
The Commonwealth of Massachusetts, acting by and through its Department of Fish and
Game, under the power and authority conferred thereon by Section 15 of Chapter 15 of the Acts of
1996, Sections 2(26) and 8 of Chapter 21A, Chapter 79,and Sections 30, 31, and 32 of Chapter 184
of the Massachusetts General Laws, as amended, acts in amendment thereof or in addition thereto,
and any and every other power and authority to it granted or implied and for the purposes of said
acts and of acquiring land and interests in land for fish and wildlife conservation, natural habitat
protection, and associated public recreation consistent with and subject to the purposes and
protections of Article 97 of the Amendments to the Constitution of the Commonwealth of
Massachusetts, and acting in accordance with 1) Section XII [Amendments] of the Consensual
Order of Taking of Conservation Restriction [the “Conservation Restriction”] on land in the Towns
of Barnstable and Mashpee, Barnstable County, Massachusetts, dated June 12, 2002 and recorded in
the Barnstable County Registry of Deeds in Book 15305 at Page 123, 2) Section 3 of Chapter 149 of
the Acts of 2013, 3) Item No. _____ adopted by the Barnstable Town Council on ______, an
attested copy of which is hereto annexed and 4) Item No. 2008-0022 adopted by the Barnstable
Town Council on October 18, 2007, an attested copy of which is hereto annexed______, and 5)
_______________ adopted by the Town of Mashpee Selectmen on _________, does with the
express consent of the Towns of Barnstable and Mashpee hereby consensually amend said
Conservation Restriction by consensually adding to said Conservation Restriction the lands
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described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter the
"Premises").
All other terms of said Conservation Restriction remain unchanged except as needed to
address inclusion of these additional lands.
The Commissioner of the Department of Fish and Game hereby makes the following award
for the damages sustained by the owner of record of the area or areas hereinbefore described in said
taking of their property or entitled to any damages by reason of said taking:
Supposed Owners Award
Inhabitants of the Towns of Barnstable $0.00
and Mashpee
Said award is made subject to satisfactory proof of ownership or entitlement by individuals and/or
entities claiming ownership of said parcels and/or entitlement to said award.
I, Thomas K. O’Shea, Commissioner of the Department of Fish and Game, hereby certify
pursuant to Section XII of said Conservation Restriction that this amendment does further the
conservation purposes thereof by adding these lands to this Conservation Restriction and that
said amendment does not violate Article 97 of the Amendments to the Massachusetts
Constitution.
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IN WITNESS WHEREOF, the Commonwealth of Massachusetts has caused these
presents to be executed in its name and on its behalf by Thomas K. O’Shea, Commissioner of the
Department of Fish and Game, herewith duly authorized, who does hereunto set his hand and
seal this _______day of ___________________, 20 .
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF FISH AND GAME
By: _____________________________________
Thomas K. O’Shea, Commissioner
100 Cambridge Street
Boston, MA 02114
COMMONWEALTH OF MASSACHUSETTS
________________________________,ss ___________________________, 20_____
On this day before me, the undersigned Notary Public, personally appeared the above-
named Thomas K. O’Shea, proved to me through satisfactory evidence of identification which
was personal knowledge of identity, to be the Commissioner of the Department of Fish and
Game of the Commonwealth of Massachusetts whose name as Commissioner is s igned above,
and acknowledged to me that he signed the foregoing instrument voluntarily as Commissioner of
said Department for its stated purpose and as the voluntary act of the Commonwealth.
Notary Public:____________________________________
SEAL Print Name:______________________________________
My Commission Expires:___________________________
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AGREEMENT TO AMEND CONSERVATION RESTRICTION
The Inhabitants of the Towns of Barnstable and Mashpee, acting through their duly-
elected Town Council and Board of Selectmen, respectively, as co-owners of the premises
subject to said Conservation Restriction and the land described in Exhibit A hereto, hereby
expressly agree to the afore-described amendment of said Conservation Restriction to include the
additional lands described in Exhibit A attached hereto and that the terms and provisions of said
Conservation Restriction fully apply to said lands.
The Inhabitants of the Towns of Barnstable and Mashpee, acting through their duly-
elected Town Council and Board of Selectmen, respectively, and their successors and assigns as
co-owners of said premises also hereby expressly agree to the terms of this Amendment to
Conservation Restriction and to said Conservation Restriction as recorded, agree to fully and
completely comply with and carry out said duties and obligations thereunder as co-owners of said
lands, and expressly assent to the rights of the Commonwealth taken herein and to the taking of
these rights via this consensual eminent domain taking of Conservation Restriction.
Signed as a sealed instrument on the dates opposite our signatures below.
TOWN OF BARNSTABLE,
MARK S. ELLS,
TOWN MANAGER
Date:______________, 2023 By:_______________________________
TOWN OF MASHPEE
BOARD OF SELECTMEN
Date:________________, 2023 By:______________________________
John J. Cotton, Chair
By:______________________________
Thomas F. O’Hara, Vice-Chair
By:______________________________
Carol A. Sherman, Clerk
By:______________________________
David W. Weeden, Selectman
By:______________________________
Michaela Wyman-Colombo, Selectman
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COMMONWEALTH OF MASSACHUETTS
_______________________________, ss. _____________________, 20______
On this day before me, the undersigned Notary Public, personally appeared the above-
named Mark S. Ells , proved to me through satisfactory evidence of identification which was
_________________________ to be the Town Manager of the Town of Barnstable whose name is
signed above, and who swore or affirmed to me that the contents of the foregoing AGREEMENT
TO AMEND CONSERVATION RESTRICTION are truthful and accurate to the best of his
knowledge and belief and acknowledged to me that he signed the foregoing instrument voluntarily
as the Town Manager of the Town of Barnstable for its stated purpose and as the free act and deed
of said Town of Barnstable.
Notary Public:____________________________________
SEAL Print Name:______________________________________
My Commission Expires:___________________________
COMMONWEALTH OF MASSACHUETTS
_______________________________, ss. _____________________, 20______
On this day before me, the undersigned Notary Public, personally appeared the above-
named John J. Cotton, Thomas F. O’Hara, Carol A. Sherman, David W. Weeden, and Michaela
Wyman-Colombo, proved me through satisfactory evidence of identification which was
_________________________ to be the duly-elected and acting Selectmen of the Town of
Mashpee whose names are signed above, and who swore or affirmed to me that the contents of the
foregoing AGREEMENT TO AMEND CONSERVATION RESTRICTION are truthful and
accurate to the best of their knowledge and belief and acknowledged to me that they signed the
foregoing instrument voluntarily as the Selectmen of the Town of Mashpee for its stated purpose
and as the free act and deed of said Town of Mashpee.
Notary Public:____________________________________
SEAL Print Name:______________________________________
My Commission Expires:___________________________