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Home My Public Portal AboutSelect Board Meeting Packet - 07.13.2021QUITCLAIM DEED We, PHYLLIS J. FIELD, of 1108 Liberty Street, Braintree MA 02184, and JOANNE M. KELLEY, of 32 Old Colony Way, Weymouth MA 02188, for consideration paid of THREE HUNDRED SEVENTY THOUSAND and NO/100 DOLLARS ($370,000.00), grant to the TOWN OF BREWSTER, a Massachusetts municipal corporation, with an address of Brewster Town Hall, 2198 Main St., Brewster, MA 02631-3701, acting by and through its Board of Selectmen, for conservation, watershed protection, and passive recreation purposes, with the care, custody and control of the property described below being vested in the Conservation Commission pursuant to G.L c. 40, Section 8C as it may hereafter be amended, and Amendment Article 49 as amended by Article 97 of the Massachusetts Constitution, with QUITCLAIM COVENANTS the land together with the buildings thereon situated in Brewster, Barnstable County, Massachusetts bounded and described as follows: The tract of land at the end of McGuerty Road, containing 10.41 acres, more or less, shown more particularly as “Lot 2, Area = 453,374+ Sq. Ft. or 10.41 Acres,” on a plan entitled “Natural Resources Protection Design Plan of Land #106 McGuerty Road, Brewster MA prepared for the Town of Brewster, Owner: Phyllis J. Field & Joanne M. Kelley, Deed Book 9429, Page 212, Plan Book 141, Page 23 and Plan Book 180, Page 125, Scale: 1” = 50’, April 21, 2020, recorded with the Barnstable Registry of Deeds in Plan Book 688, Page 18, a reduced copy of which is attached hereto and incorporated herein as Exhibit A, and being a portion of the property described in a deed recorded with the Barnstable Registry of Deeds in Book 9429, Page 212. The above-described subject property is conveyed subject to and having the benefit of the Permit No. NRPD Subdivision #2020-08 signed by the Town of Brewster Planning Board on July 7, 2020 and recorded with the Barnstable County Registry of Deeds in Book _________, Page _____. The above-described subject property is also conveyed subject to a Conservation Restriction running to the Trustees of the Brewster Conservation Trust to be recorded with the Barnstable County Registry of Deeds herewith. The above-described subject property is further conveyed subject to and together with the benefit of any other outstanding rights, rights of way, reservations, restrictions, easements and other matters of record, insofar as the same may be in force and applicable. For title, see Deed into Grantors recorded with the Barnstable County Registry of Deeds in Book 9429, Page 212. No deed stamps are due pursuant to G.L. c. 64D, §1. The grantor certifies compliance with the provisions of G.L. c.59, §72A and G.L. c. 7C, §38. The Acceptance of Deed signed by the Town and a certified copy of the Town Meeting vote authorizing said acceptance are attached hereto and incorporated herein. The state Land Acquisition for Natural Diversity (so-called LAND) Project Agreement is also attached hereto. The subject property is a vacant tract of land and does not now nor has it ever been either a place of residence or the principal place of residence of any persons, and therefore no persons hold and never have held an estate of homestead in the property. Street Address: Off 106 McGuerty Road, Brewster Executed as a sealed instrument under the pains and penalties of perjury this _____ day of _______________, 2021. _______________________________________ PHYLLIS J. FIELD ________________________________________ JOANNE M. KELLEY COMMONWEALTH OF MASSACHUSETTS ____________________,ss. _______________________, 2021 Then personally appeared the above named PHYLLIS J. FIELD, proved to me through satisfactory evidence of identification, which was _____________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged the foregoing instrument to be her free act and deed, before me, and who swore or affirmed to me that the contents of this document are truthful and accurate to the best of her knowledge and belief. _________________________________________ Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ____________________,ss. ______________________, 2021 Then personally appeared the above named JOANNE M. KELLEY, proved to me through satisfactory evidence of identification, which was _____________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged the foregoing instrument to be his/her free act and deed, before me, and who swore or affirmed to me that the contents of this document are truthful and accurate to the best of her knowledge and belief. _________________________________________ Notary Public My Commission Expires: EXHIBIT A Plan of the Premises ACCEPTANCE OF DEED On this ______ day of July, 2021, the Town of Brewster, acting by through its Select Board pursuant to the vote taken under Article 9 of the September 12, 2020 Annual and Special Town Meeting, a certified copy of which is attached hereto, hereby accepts the foregoing deed to property located on McGuerty Road, Brewster, which property is to under the care, custody, control and management of the Conservation Commission for conservation, watershed protection and passive recreation purposes under the provisions of G.L. c. 40, §§8C, 39B, and 41 and Article 97 of the Massachusetts Constitution. TOWN OF BREWSTER, By its Select Board ________________________________ Cynthia Bingham, Chair ________________________________ Mary Chaffee ________________________________ David Whitney ________________________________ Ned Chatelain ________________________________ Kari Hoffman COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this ____ day of July, 2021, before me, the undersigned Notary Public, personally appeared ______________________________________________________, member of the Brewster Select Board, as aforesaid, who proved to me through satisfactory evidence of identification, which was _____________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose on behalf of the Town of Brewster. ________________________________ Notary Public My Commission Expires ACCEPTANCE BY CONSERVATION COMMISSION On this _____ day of July, 2021, the Town of Brewster, acting by and through its Conservation Commission pursuant to the vote taken under Article 9 of the September 12, 2020 Annual and Special Town Meeting, hereby accepts the care, custody, control and management of the foregoing property located on McGuerty Road, Brewster, for conservation, watershed protection and/or passive recreation purposes under the provisions of G.L. c. 40, §§8C, 39B, and 41 and Article 97 of the Massachusetts Constitution. TOWN OF BREWSTER, By its Conservation Commission ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this ______ day of July, 2021, before me, the undersigned Notary Public, personally appeared ___________________________________________________, members of the Brewster Conservation Commission, as aforesaid, who proved to me through satisfactory evidence of identification, which was ________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose on behalf of the Town of Brewster Conservation Commission. ______________________________ Notary Public My Commission Expires Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 To: Select Board From: Erika Mawn, Executive Assistant Date: July 12, 2021 Re: Motion to Authorize Acquisition of 106 McGuerty Road MOVED, pursuant to the vote taken under Article 9 of the September 12, 2020 Annual and Special Town Meeting, to acquire the parcel of land located off 106 McGuerty Road for conservation, watershed protection and/or passive recreation purposes, which property shall be under the jurisdiction of the Conservation Commission under the provisions of G.L. c. 40, §§8C, 39B, and 41 and Article 97 of the Massachusetts Constitution, and to authorize the Town Administrator to execute, on behalf of the Select Board, any acceptances, affidavits, settlement statements, and other documents as may be necessary or convenient to accomplish the foregoing acquisition.” Office of: Select Board Town Administrator