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Article 31 - Accept Saddleback Lane and Horseshoe Lane as Town Ways pdf file
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Jones, Ellen From: Koka, Alfons Sent: Tuesday, December 12, 2023 9:04 AM To: Doody, Charles E. Cc: Kemalian, Jennifer; Trotta, Michael Subject: RE: Saddleback Lane To follow up on the liability concern: The required driver site distance at the intersection of Randolph and Saddleback is 325’. The intersection does not meet that, they only have 142.2’ on the west side. The minimum site distance is intended to allow the drivers to see far enough when they are stopped at an intersection to ensure safe entrance to Randolph Street, and it is my opinion that is Saddleback is accepted it may make the Town liable if any accidents happen at that intersection due to poor site distance. -Alfons From: Koka, Alfons Sent: Tuesday, December 12, 2023 8:34 AM To: Doody, Charles E. <townadmin@town.canton.ma.us>; Trotta, Michael <mtrotta@town.canton.ma.us> Ce: Kemalian, Jennifer <jkemalian@town.canton.ma.us> Subject: RE: Saddleback Lane Hello Charlie, | have reviewed the latest as-built and survey plans for Saddleback Lane provided by Hancock against the approved site plans. Based on my review and the waivers that were provided by the Planning Board and ZBA the as-built and survey plans appear to be in substantial compliance. One of the issues with the subdivision is the water and sewer that ends up in Randolph. Not sure how this will be handled if the subdivision is accepted. Right now my understanding is that there is an HOA taking care of this. Because of the multiple Subdivision Rules and Regulations waivers that were approved, it is my opinion that if this subdivision is accepted, it may pose a liability problem for the Town. The Subdivision Rules and Regulations are intended to promote safe roadway design for the Towns benefit, and granting over 20 waivers reduces the efficacy of the intended regulations. After researching the permits and order of conditions this subdivision was intended to remain private and not be accepted. Mr. Schneiders is making the case that because the housing court has ruled that words “shall remain forever” and “now or ever” from condition #16 of the ZBA decision stating that the subdivision shall remain forever private shall be stricken. Also condition #17 of the ZBA decision has language “until such time the roadway or stormwater management facilities are accepted by Town Meeting” Based on these 2 items Mr Schneiders is making the case the roadway (subdivision) could be accepted by Town Meeting. Should you have any questions please feel free to contact me anytime. Best,
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Alfons Koka, P.E Town Engineer Town of Canton, MA 339-502-5747 From: Doody, Charles E. <townadmin@town.canton.ma.us> Sent: Tuesday, September 19, 2023 12:40 PM To: Koka, Alfons <akoka@town.canton.ma.us>; Trotta, Michael <mtrotta@town.canton.ma.us> Cc: Kemalian, Jennifer <jkemalian@town.canton.ma.us> Subject: RE: Saddleback Lane Thanks Alfons. | need to get back to Rep. Galvin as well so copy me on your response please and I'll relay the info to him. Charlie Charles E. Doody Town Administrator Town of Canton, MA (781) 821-5000 From: Koka, Alfons <akoka@town.canton.ma.us> Sent: Tuesday, September 19, 2023 8:29 AM To: Doody, Charles E. <townadmin@town.canton.ma.us>; Trotta, Michael <mtrotta@town.canton.ma.us> Cc: Kemalian, Jennifer <jkemalian@town.canton.ma.us> Subject: RE: Saddleback Lane Hi Charlie, lam reviewing the plan today and will get back to attorney Schneider with any comments. | will keep you posted. Best, Alfons From: Doody, Charles E. <townadmin@town.canton.ma.us> Sent: Monday, September 18, 2023 3:28 PM To: Koka, Alfons <akoka@town.canton.ma.us>; Trotta, Michael <mtrotta@town.canton.ma.us> Cc: Kemalian, Jennifer <jkemalian@town.canton.ma.us> Subject: Saddleback Lane Hi Alfons, Have you had a chance to review and respond to Attorney Schneiders’ plan submittal for accepting Saddleback Lane at this year’s town meeting? | received a call from Rep. Galvin who has also received calls from the neighborhood. Thanks. Charlie Charles E. Doody Town Administrator Town of Canton, MA (781) 821-5000
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SCHNEIDERS LAW OFFICE 12 Williams Street * Canton, MA 02021 (781) 413-7368 pas@schneiderslawoffice.com Ms. Cindy Thomas Chair Canton Finance Committee Memorial Hall 801 Washington St. Canton, MA 02021 March 12, 2024 Re: Town Meeting Article 31 Acceptance of Saddleback Lane and Horseshoe Lane As Public Ways Dear Ms. Thomas, At your meeting on March 6, 2024 several questions were raised by the Town Administrator and members of your committee regarding the above stated Article. The following are our responses: Q: Doesn’t a Zoning Board (ZBA) decision specifically prohibit the acceptance of these two streets? A. Yes, a ZBA decision dated July 8, 2010 states “The following aspects of the Development (roadways and parking areas) shall be and shall remain forever private, and the Town of Canton shall not have, now or ever, any legal responsibility for operations, maintenance, replacement of same” See Section 16, Exhibit A.. However, that ZBA decision was overturned by the Massachusetts Housing Appeals Committee (HAC) in its Orders dated September 16, 2010 (Exhibit B) which states, “(In) condition 16 the words ‘and shall remain forever’ and ‘now or ever’ shall be stricken.” (p.3) (Exhibit B) The ZBA had thirty (30) days to appeal the HAC Order or that Order “shall for all purposes be deemed to be the action of the (zoning) board, and its decision shall be deemed modified as ordered herein (Exhibit B, p. 4)” Since the ZBA did not appeal, the condition prohibiting street acceptance is stricken and that action is “deemed to be the action of the Board,” according to the HAC Order. Q: Did the Zoning Board approve construction of these two streets as modified for 40B purposes? Yes. The ZBA decision states in Condition #1 (p.2) (Exhibit A), “As required by the Order, at condition 2(a) the Development shall be constructed as shown on drawings by H. W. Moore Associates, Inc. dated June 20, 2002 (the “Plans”). Those drawings show the two streets
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modified for 40B purposes. Furthermore, the ZBA accepted numerous waivers to Subdivision by-laws, many of which are enumerated on Exhibit C. The purpose of these waivers was to “enable the Applicant to construct and use the development in accordance with the plans filed (with the ZBA)”. (Exhibit C) We believe it is inconsistent, unfair and probably unlawful for the Town to now refuse to accept those streets solely because they were constructed in accordance with a decision of the ZBA. Q: Doesn’t Section 17 of the ZBA decision (Exhibit A) allow the Homeowners’ Association to be dissolved and have no further maintenance responsibilities? A. No, Section 17 states that if the “Town accepts all roadways and the storm water management facilities so that the Association has no continuing maintenance responsibilities, the Association may be dissolved.” Article 31 of the Town Meeting Warrant provides for acceptance of only Saddleback Land and Horseshoe Lane. The Association would have to stay in existence to maintain the storm water management facilities, the retention pond and landscaping for all common areas. Q: Isn’t it unfair for the Town to have to accept responsibility for these two roads after the homeowners received a substantial reduction on the price of their homes? A. Only 6 of the 26 residences on these two streets are 40B units, The remaining 20 homeowners paid full market price for their homes. It would be unfair to them to have to bear the full cost of maintaining these two private streets when they did not benefit at all from the 40B decision and are paying full taxes for town services, such as street maintenance. I'd like to also point out that the 40B applicant paid the Town mitigation in the amount of $300,000 for a traffic mitigation package which included full cost of designing and installing a traffic signal at the intersection of Turnpike Street and Randolph Street. Q: Are the streets safe? A. Yes. The ZBA would have appealed the HAC Order rather than have unsafe streets and they probably would have won. 40B modifications can’t be unsafe. Two safety concerns of the Town Engineer and Selectmen were the reduced width of the two roads and the reduced line of sight. The paved surface of the roads are 22 feet in width which is wider than many of the roads in Canton. The line of sight is 290.6 feet which is only 35 feet less than the required 325 feet. This line of sight is greater than many Canton roads have, including Sherman Street at the Town Hall. Q: Are the two streets in good condition? A. They are both in excellent condition. The final coat was added only four years ago.
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Q: Is there a water pipe under Saddleback Lane? A. Yes, and that’s a good reason for the Town to own the street. Should a leak occur the Town can more quickly and safely repair it than a private contractor hired by the Homeowners Association could do. CONCLUSION Certainly it violates the spirit and probably the letter of the law to grant waivers to Subdivision rules so homes can be constructed at an affordable price and then require those 40B recipients and their neighbors to pay the cost of maintaining the streets. That defeats the goal of 40B which is probably illegal. The HAC struck out language requiring that the streets stay “forever” private. Please let me know if there are any other questions that I may have missed. And please let me know when we’re on your agenda again. Thank you for all the time and serious consideration you have given to our Article. -_ py wy chepectler Pail A. Le) CC: Town Administrator
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DRAFT MOTION TO MODIFY ARTICLE 31 This article does not authorize conveyance by the Home Owners Association or acceptance by the Town of Canton of any common area other than Saddleback Lane and Horseshoe Lane. It does not include other common facilities such as the pumping station; the stormwater retention facility; or the common area landscaping.
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ae, © Doody SCHNEIDERS LAW OFFICE F kemth ine 12 Williams Street ¢ Canton, MA 02021 (781) 413-7368 pas@schneiderslawoffice.com A CET - l| | [ rut; aia OARD OFS Ri — C sELECTMEN ANTON, MA COPY September 1, 2023 Mr. Alfons Koka Town Engineer Town of Canton 801 Washington St. Canton, MA 02021 RECEIVED Town of Canton HAND DELIVERED Finance Director Re: Canton Hills Estates Dear Mr. Koka, I have eight clients who live in Canton Hills Estates on Saddleback Lane and Randolph Street. They would like the 2024 Annual Town Meeting to accept their streets. Your predecessor, Lisa Grega, and Town Administrator, Charles Doody have been concerned that the streets were constructed as part of a 40B project and did not meet Canton’s subdivision standards. I’ve responded to Mr. Doody who referred my letter to the Town Counsel. Although streets are usually not accepted by the Town Mecting if they don’t meet the town subdivision standards, | think 40B streets are an exception. I believe the Town Meeting can and should accept these streets because they were constructed in accordance with a 40B Town of Canton Zoning Board decision. The town’s “Policy on Converting Private Streets into Public Ways” lists 13 requirements for having a street accepted by the Town Meeting. Sec. V states: V. The Survey Plan The property owners, through their engineer and at their cost, must provide to the Town at least three copies of a survey plans showing the proposed roadway with precise linear measurements, area calculations, necessary property boundaries, grade, property owner names, property owner addresses and Town map and parcel numbers. A copy of the plan should be forwarded to the Town’s Engineering Department. Once the Town’s Engineering Department determines that the survey is acceptable, the property owners’ engineer will also be required to forward the Town a final version of the survey in mylar form.
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Would you please review the enclosed plan and determine whether it is acceptable? We'd like as expeditious a reply as possible because we have 12 other time consuming tasks that must be accomplished prior to the end of December when our street acceptable Article must be complete for inclusion in the 2024 Town Meeting Warrant. Thank you for your attention to this matter. Very truly yours Paul A. Schneiders PAS:m CC: Mr. Charles Doody Canton Hills Estates
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SCHNEIDERS LAW OFFICE 12 Williams Street ° Canton, MA 02021 (781) 413-7368 pas@schneiderslawoffice.com December 26, 2023 Mr. Charles Doody Canton Town Administrator Memorial Hall 801 Washington St. Canton, MA 02021 Re: Street Acceptance for Saddleback Lane and Horseshoe Lane Dear Mr. Doody, Enclosed is a copy of the 2024 Annual Town Meeting Article I filed for the above stated matter. (Exhibit A) This letter addresses the thirteen (13) conditions listed in the Town’s “Policy on Converting Private Streets into Public Ways,” a copy of which is enclosed. (Exhibit B) I. Notice to P:roperty Owner: Enclosed is the original of the “Notice to Property Owner” signed by the sole Trustee of the “Canton Hills Estates Homeowners Association Trust” (hereinafter “the Trust”). Since the affected parcels are owned entirely by the Trust the Trustee is the only signatory. (Exhibit C) I. Assumption of Costs Same response as J above. HI. Assumption of all Engineering and Legal Costs Same response as I above. IV. Assumption of all Construction Costs Same response as I above.
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'V. The Survey Plan It’s my understanding that the Town Engineer has notified you that the survey plan we submitted to him is acceptable. Enclosed is a copy of the plan with metes and bounds. (Exhibit D) Also enclosed under separate cover is a plan in mylar form as required by Section V. VL. Title Per Section VI I understand your board forwards to the Town Counsel the survey plan and attorney certification of ownership to the affected parcels so he can “confirm ownership and prepare easements.” Enclosed is the “Attorney Certificate”. (Exhibit E) VIL Grant of Easements Same response as I above. VU. Collection of Signed Easements. Same response as I above. IX. Referral to Planning Board Per Section IX, J understand your Board refers the survey plan to the Planning Board for its non-binding recommendation. X. Meeting to Lay Out Way After your Board receives the Planning Board report, your Board votes “as to whether the way should be laid out as a public way” per section X. XI Town Meeting Acceptance “If the (Select) Board votes to lay out the street as a public way, the (1) Town Meeting must accept the street as a public way....” per Section XI. XII Betterments for Layouts “,..The Board may order a betterment...” per Section XII
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XI Conveyance or Refinance of any Benefited Parcel “Upon conveyance or refinance of any benefited individual parcel of land, the remaining amount of its proportionate share of the betterment must be paid in full...” per Section XIII Please contact me if you need additional data regarding this Town Meeting Article. As always, thank you for your assistance. Very 1 i Paut A. Schneiders” PAS:m CC: David Nicholas
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EXHIBIT RECEIVE); r [~ & AL DEC 9 0 9p, WARRANT ARTICLE TOW ue CANTON, ‘i 2024 ANNUAL TOWN MEETING Article to Lay out Saddleback Lane and Horseshoe Lane as Town Ways. Article . To see if the Town will vote to accept Saddleback Lane and Horseshoe Lane in Canton as public ways where they intersect with Randolph Street, as recommended by the Planning Board and laid out by the Select Board pursuant to G. L. c. 41 and c. 82, more particularly described by the plan entitled “Saddleback Lane and Horseshoe Lane” dated December /I¢, 2023, prepared by Hancock Associates and on file with the Town of Canton Select Board; to see if the Town will authorize the Select Board to acquire by purchase, gift or eminent domain the land or easements in all or any portions of those parcels of land abutting Saddleback Lane and Horseshoe Lane and listed below, as shown on the above-referenced plan for access, grading, drainage, utilities, sloping, trails, public access and all purposes related to the creation and maintenance of a public way; to see if the Town will vote to appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes; and further to authorize the Select Board and Town officers to take any and all related actions necessary or appropriate to carry out the purposes of this article; or to take any other action related thereto. Property Address Town Assessor ID Saddleback Lane Map 105 Horseshoe Lane Map 106
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SIGNATURE ADDRESS PRECINCT. (2 coyesgms ot Paul A. Schneiders, 12 Williams St.
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Policy on Converting Private Streets into Public Ways Policy Number XXV Issue date: October 2, 2012 Type of policy; New( x) Amendment ( ) Effective date: October 15, 2012 Level: Department ( ) Division ( ) Town Wide (x) Policy Statement This is a formal policy for the Town of Canton (“Town”) Board of Selectmen (“Board”) to consider for the handling of requests by multiple property owners to convert a private street into a public way. It is not intended as a legal memorandum to detail the various legal and procedural requirements in connection with the Town laying out a public way, which can be provided upon request. Special Terms None. Policy Description IL Response to Request for Layout of Public Way Informing Owners of Costs. The Town’s policy is for the property owners abutting the private street to be laid out as a public way to bear all costs for the layout and improvement of that street. When the Town first receives a request to convert a private street into a public way, the Board will provide proponents and other property owners a notice outlining the property owners’ responsibilities to create the public way. A sample notice is attached as Exhibit 1. 91
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IL A Strong Majority (approximately 75%) of Lot Owners to Confirm Assumption of Costs. Because the property owners will be required to bear all costs for the layout and improvement of the way, a strong majority — if not all — of the owners must represent to the Town in writing that they support the project and will assume a share of the costs and obligations related to the layout and improvement of the way. One way to accomplish this is to request each property owner to sign and return the sample outline attached as Exhibit 1. Til. Ail Benefited Lot Owners To Bear All Engineering and Legal Costs. The property owners will bear all engineering and legal costs to create the public way. All affected property owners will be responsible to engage and to pay: (i) an engineer for all surveying, layout design, installing surveyor monuments, and any as-built plans, and (ii) an attorney for title work and title certification to the Town, The property owners will be directly responsible for these costs per arrangements with their engineer and attorney whether or not the public way is ever finally accepted. IV. All Benefited Lot Owners to Bear All Construction Costs. The property owners will be responsible to pay all construction costs to improve the way to a condition, as the Board shall determine, suitable for the Town to accept it, including but not limited to full-depth reconstruction of the existing street, more temporary methods of resurfacing and installing surveyor monuments, sidewalks and drains. Depending on the construction required, the property owners may be able to pay for construction costs through a combination of upfront payment or betterment assessment for a period not to exceed 10 years or other period allowed by law or otherwise advisable based on available rates and conditions for any borrowing by the Town. To the extent the Board may assess betterments, the Board will determine the shares that each property owner will be responsible to pay. V. The Survey Plan. The property owners, through their engineer and at their cost, must provide to the Town at least three copies of a survey plan showing the proposed roadway with precise linear measurements, area calculations, necessary property boundaries, grade, property owner names, property owner addresses and Town map and parcel numbers. A copy of the plan should be forwarded to the Town’s Engineering Department. Once the Town’s Engineering Department determines that the survey is acceptable, the property owners’ engineer will also be required to forward the Town a final version of the survey in mylar form. VI. Title. Once the Town’s Engineering Department determines that the survey is acceptable, the survey must be forwarded to Town Counsel for review together with a certification by the property owners’ attorney regarding ownership of the affected parcels so that Town Counsel can confirm ownership and prepare easements for execution by the property owners. Coordination by the Engineering Department and Town Counsel for review of the survey may be appropriate when the Town first receives a survey to prevent the need for further modification to the survey and unnecessary costs. 92
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VII. All Benefited Lot Owners to Grant the Town Easements for Property Rights. Once title is confirmed, then all affected property owners will be required to grant to the Town an easement for the Town to use their properties for public way purposes, including any rights reasonably necessary for sloping, sidewalks or drainage that might be located outside the paved portion of the street, based upon the Town’s standard form easement. A sample standard form easement (with exhibits for a plan and mortgagee assent) is attached as Exhibit 2. VII. Collection of Signed Easements before Board of Selectmen Meeting. The proponents of the public way must ensure that all necessary easements to the Town are executed, collected and delivered to the Town at least 60 days prior to the deadline for the submission of articles for the annual Town Meeting warrant. All necessary easements should be so delivered prior to the Board meeting to create the public way. Once executed, the easements can be delivered to the Town and held in escrow until Town Meeting votes to accept the street as a public way and to authorize the Board to acquire the easements. Ix. Referral to Planning Board for Planning Board Report. Once all easements have been collected, the Board must forward the Planning Board the survey pursuant to G.L. c. 41, § 811 for the Planning Board to make its non-binding report to the Board regarding the proposed layout, including the dimensions, condition and characteristics of the street and its recommendation as to whether the street should become a public way. X. Meeting to Lay Out Way. Once all necessary easements are executed and delivered to the Board and the Planning Board has issued its report (or 45 days have passed since the Board referred the matter to the Planning Board), the Board should meet to (i) find whether common convenience and necessity support laying out the street as a public way, and (ii) vote as to whether the way should be laid out as a public way. XI. Town Meeting Acceptance. If the Board votes to lay out the street as a public way, then (i) Town Meeting must accept the street as a public way, and (ii) the easements (or any order of taking) must be recorded at the Registry of Deeds within 120 days of the Town Meeting, unless betterments are to be assessed, in which case the Town should record the easements together with any initial order for betterments within 90 days of Town Meeting acceptance. A sample warrant article is attached hereto as Exhibit 3. 93
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XII. _Betterments for Layouts. In furtherance of a Town policy to require benefited property owners to pay for all construction costs related to the layout, the Board may order a betterment (i.e., a special tax) to be assessed against each of the benefited property owners for their proportionate share of the costs for the improvement of the way. As part of this policy, the Board has determined that ail road and other improvements and associated necessary for acceptance, as determined by the Board, will be borne by the property owners as (i) a full sum payment per agreement with the Board paid to the Town before the Board votes to layout the street as a public way, (ii) a betterment assessment, or (iii) some combination thereof, as determined by the Board in the Board’s sole discretion, based upon any relevant factors and all applicable laws, regulations and bylaws. The duration of any betterment assessment not to exceed 10 years or other period allowed by law or otherwise advisable based upon available rates, terms and conditions for any borrowings by the Town and to seek guidance from the Town’s Finance Director with respect to the duration of the assessments. XIU. Conveyance of Benefited Parcels of Land Upon conveyance or refinance of any benefited individual parcel of land, the remaining ‘amount of its proportionate share of the betterment assessment must be paid in full to the Town at the time of such conveyance and or refinance. No failure to pay the Town in full at the time of such conveyance or refinancing shall terminate or affect the responsibility of any current or prior owner of any benefitted parcel or any successors in interest to such parcel to pay the Town the full amount assessed nor the validity or enforcement of any order or lien related to or arising from a betterment assessment. 94
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EXHIBIT 1 Sample Qutline for Property Owners 95
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NOTICE TO PROPERTY OWNER Of Town Policy to Create a Public Way The creation of a public way generally requires (1) a survey to show the boundaries of the public way; (2) grants to the Town by you and your neighbors of permanent property rights for the Town to use your properties for a public way; (3) Planning Board review and report to the Board of Selectmen regarding the creation of the public way; (4) a public meeting of the Board of Selectmen to determine whether your street should be laid out as a public way; (5) acceptance by Town Meeting of your street as a public way; and (6) the recording of instruments granting property rights (easements and orders for takings or betterments) at the Registry of Deeds in the chain of title for your property. The Town is not guaranteeing or representing to you that a public way will ever be laid out or accepted by the Town, even if you have undertaken necessary steps toward the creation of the public way and incurred costs in doing so. All expenses incurred by you in connection with the creation of the public way are at your risk, even if no public way is ever created or accepted by the Town. You will be responsible, at your cost, for all engineering and legal work for the creation of the public way, whether or not your street is ultimately laid out or accepted street as a public way. You will be responsible, at your cost, for all expenses to improve your street to a suitable condition of the Town to accept as a public way through a payment, betterment assessment (i.e., a special tax) or a combination payment/betterment assessment. No betterment will be assessed until after meeting has accepted your street as a public way. Because you and your neighbors will be required to pay the costs to create the public way, the Town will wish to see neighborhood support to have your street. accepted as a public way. To indicate neighborhood support, the Town requests that you provide the Town a written representation, signed by a strong majority (approximately 75%) of the affected property owners that you support and are willing to pay the costs for the creation of the public way. The work and costs will at minimum include the preparation of a survey of the street showing the boundaries of the street and title work and certification for all affected properties. The survey should show precise linear measurements for the boundaries of the street and all parcels comprising a portion of the street, area calculations, names of current owners, Town map and parcel IDs, and title reference information. The title work should include names of current owners, names of all current mortgagees and lien holders, appropriate title reference information for deeds, mortgages and liens for such parties, and a title certification by the property owners’ attorney regarding ownership of the affected parcels. Once title is confirmed by the Town, you and ail affected property owners will be required to sign the Town’s standard form easement (copy attached) to grant to the Town a permanent right to use your property for the public way. Once all easements are signed, collected by the neighborhood and returned to the Board of Selectmen, the Board will consider holding a public meeting to lay out your street as a public way. The Board of Selectmen may consider not holding a public meeting to determine whether the public way should be created until all executed easements are obtained and delivered to the Board. If even one easement is not obtained, then the Town may not create the public way. 96
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© Because the Town may elect not to consider creating the public way without a voluntary grant of all the easements, you should strongly consider whether and how all affected property owners should agree to bear the engineering, legal and construction costs required to create the public way prior to incurring any costs. © If betterments are assessed to assist with financing improvements, it may affect your sale or refinancing of your property. Please sign below and return this form to the Town to indicate that you have read and understand the above and that all expenses you incur are at your own risk without any watranties or representations by the Town that your street will be established as a public way, even if you have incurred expenses for such purposes. Your signature below may have legal consequences. The layout of public ways and the ordering of betterments are legal processes that will create binding legal obligations and that will affect your rights to your property. If not understood, we recommend you consult with an attorney. UNDERSTOOD AND AGREED: Sign: Date: Print: Address: Sign: Date: Print: Address: 97
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EXHIBIT 2 Standard Form Easement for Public Way 98
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GRANT OF PERMANENT EASEMENT FOR PUBLIC WAY [ADDRESS], Canton [NAME] of [ADDRESS], Canton, Massachusetts (“Grantor”), for consideration given, do hereby grant to the TOWN OF CANTON, a body politic and corporate having an address of Memorial Hall, 801 Washington Street, Canton, Massachusetts (the “Town”), acting by and through its Board of Selectmen, with quitclaim covenants, a permanent right and easement over that portion of Grantor’s Premises located at , Canton Massachusetts and shown as “ ” (the “Easement Area”) on the plan entitled “ »” dated , prepared by and recorded at the Norfolk County Registry of Deeds (“Registry”) in Plan Book as Plan No. (“Plan”) for the Town and the general public for access, travel and use for all other purposes for which ways are used in the Town of Canton and Commonwealth of Massachusetts, including but not limited to entering upon and traveling over the Easement Area by foot and by vehicle, installation of utilities, and the construction, maintenance, grading, sloping, repair, replacement and removal of asphalt paving, sidewalks and other such improvements. A reduced copy of the Plan is attached hereto as Exhibit A. An assent by the current holders of a mortgage Grantor’s property, if any, is recorded herewith. For Grantor’s title, see the deed dated and recorded at the Registry in Book , Page . 99
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EXECUTED under seal this day of
GRANTOR:
[NAME]
[NAME]
Commonwealth of Massachusetts
Norfolk County, ss.
On this day of , before me, the undersigned notary public,
personally appeared , proved to me through satisfactory
evidence of identification, which were {] photographic identification with signature issued by federal or
state governmental agency, (J oath or affirmation of a credible witness, [7] personal knowledge of the
undersigned, to be the person(s) whose names are signed on the preceding or attached document, and
acknowledged to me that he/she/they signed it voluntarily for its stated purpose.
Notary Public
My commission expires:
Commonwealth of Massachusetts
Norfolk County, ss.
On this day of , before me, the undersigned notary public,
personally appeared , proved to me through satisfactory
evidence of identification, which were [_] photographic identification with signature issued by federal or
state governmental agency, [_] oath or affirmation of a credible witness, [] personal knowledge of the
undersigned, to be the person(s) whose names are signed on the preceding or attached document, and
acknowledged to me that he/she/they signed it voluntarily for its stated purpose.
Notary Public
My commission expires:
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Acceptance of Easement The undersigned, constituting a majority of the Town of Canton Board of Selectmen, hereby accept from Grantor the rights and easements granted hereby pursuant to the Town Meeting vote on Article ____ of the Town’s Town Meeting. EXECUTED under seal this day of TOWN OF CANTON By its Board of Selectmen Chairman Vice Chair Clerk Selectman Selectman Commonwealth of Massachusetts Norfolk County, ss. On this day of , before me, the undersigned notary public, personally appeared the members of the Town of Canton Board of Selectmen and proved to me through satisfactory evidence of identification, which were [[] photographic identification with signature issued by federal or state governmental agency, [_] oath or affirmation of a credible witness, [7] personal knowledge of the undersigned, to be the person(s) whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the Town of Canton Board of Selectmen. Notary Public My commission expires: 101
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Exhibit A to Easement Copy of Street Acceptance Plan [Insert 8.5" x 11" Copy of Plan] 102
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Exhibit B for Use with Easement Standard Form Assent by Mortgagee 103
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MORTGAGEE ASSENT
[ADDRESS], Canton
{LENDER}, a Massachusetts banking institution having a usual place of business at_
and the present holder of that certain mortgage to [PROPERTY OWNER NAME] (‘“Owner(s)”) dated
and recorded at the Norfolk County Registry of Deeds (“Registry”) in Book
Page (the “Mortgage”), hereby assents to the grant to the Town of Canton by Owner(s) of that
certain Grant of Permanent Easement for Public Way related to the property known as
Canton, Massachusetts and recorded at the Registry herewith (“Easement”), and agrees for itself and its
successors and assigns that the Mortgage is subordinate to the Easement and that no action or proceedings to
enforce the Mortgage shall result in the termination of any rights or obligations in such Easement.
Executed as a sealed instrument on this day of
[LENDER]
By:
Name:
Title: $$$ $$
Duly authorized
State of
County, ss.
On this day of , before me, the undersigned notary public, personally
appeared > as for » proved to me
through satisfactory evidence of identification, which were [[] photographic identification with signature
issued by federal or state governmental agency, [_] oath or affirmation of a credible witness, [7] personal
knowledge of the undersigned, to be the person(s) whose names are signed on the preceding or attached
document, and acknowledged to me that he/she signed it voluntarily for its stated purpose.
Notary Public
My commission expires:
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EXHIBIT 3 Sample Warrant Article Article to Lay out as a Town Way. Article ___. To see if the Town will vote to accept______—___— in Canton as a public way where it intersects with yas recommended by the Planning Board and laid out by the Board of Selectmen pursuant to G.L. c.41 and c. 82 more particularly described by the plan entitled « , dated , prepared by and on file with the Town of Canton Board of Selectmen; to see if the Town will authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the land or easements in all or any portions of those parcels of land abutting and listed below, as shown on the above- referenced plan for access, grading, drainage, utilities, sloping, trails, public access and all purposes related to the creation and maintenance of a public way; to see if the Town will vote to appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes; and further to authorize the Board of Selectmen and Town officers to take any and all related actions necessary or appropriate to carry out the purposes of this article; or to take any other action related thereto. Property Address Town Assessor ID 123 Some Street Map xx, Parcel yy 456 Some Street Map Xxx, Parcel zz 105
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EXHIBIT C NOTICE TO PROPERTY OWNE: Of Town Policy to Create a Public Way The creation of a public way generally requires (1) a survey to show the boundaries of the public way; (2) grants to the Town by you and your neighbors of permanent property rights for the Town to use your properties for a public way; (3) Planning Board review and report to the Board of Selectmen regarding the creation of the public way; (4) a public meeting of the Board of Selectmen to determine whether your street should be Said out as a public way; (5) acceptance by Town Meeting of your street as a public way; and (6) the recording of instruments granting property rights (easements and orders for takings or betterments) at the Registry of Deeds in the chain of title for your property. The Town is not guaranteeing or representing to you that a public way will ever be laid out or accepted by the Town, even if you have undertaken necessary steps toward the creation of the public way and incurred costs in doing so. All expenses incurred by you in connection with the creation of the public way are at your risk, even if no public way is ever created or accepted by the Town. . You will be responsible, at your cost, for all engineering and legal work for the creation of the public way, whether or not your street is ultimately laid out or accepted street as a public way. You will be responsible, at your cost, for all expenses to improve your street to a suitable condition of the Town to accept as a public way through a payment, betterment assessment (i.e,, a special tax) or a combination payment/betterment assessment. No betterment will be assessed until after meeting has accepted your street as a public way. Because you and your neighbors will be required to pay the costs to create the public way, the Town will wish to see neighborhood support to have your street accepted as a public way. To indicate neighborhood support, the Town requests that you provide the Town a written representation, signed by a strong majority (approximately 75%) of the affected property owners that you support and are willing to pay the costs for the creation of the public way. The work and costs will at minimum include the preparation of a survey of the street showing the boundaries of the street and title work and certification for all affected properties. The survey should show precise linear measurements for the boundaries of the street and all parcels comprising a portion of the street, area calculations, names of current owners, Town map and parcel IDs, and title reference information. The title work should include names of current owners, names of all current mortgagees and lien holders, appropriate title reference information for deeds, mortgages and liens for such parties, and a title certification by the property awners’ attorney regarding ownership of the affected parcels. Once title is confirmed by the Town, you and all affected property owners will be required to sign the Town’s standard form easement (copy attached) to grant to the Town a permanent right to use your property for the public way. Once all easements are signed, collected by the neighborhood and returned to the Board of Selectmen, the Board will consider holding a public meeting to lay out your street as a public way. The Board of Selectmen may consider not holding a public meeting to determine whether the public way should be created until all executed easements are obtained and delivered to the Board. If even one easement is not obtained. then the Town may not create the public way. 96
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® Because the Town may elect not to consider creating the public way without a voluntary grant of all the easements, you should strongly consider whether and how all affected property owners should agree to bear the engineering, legal and construction costs required to create the public way prior to incurring any costs. If betterments are assessed to assist with financing improvements, it may affect your sale or refinancing of your property. Please sign below and return this form to the Town to indicate that you have read and understand the above and that all expenses you incur are at your own risk without any warranties or representations by the Town that your street will be established as a public way, even if you have incurred expenses for such purposes. Your signature below may have legal consequences. The layout of public ways and the ordering of betterments are legal processes that will create binding legal obligations and that will affect your rights to your property. If not understood, we recommend you consult with an attorney. UNDERSTOOD AND AGREED: Sign: CANTON HILLS ESTATES HOMEOWNERS ASSOCIATION _. By eee ot DAVID NICHOLAS SOLE TRUSTEE Address: 35 Saddleback Lane Canton, MA 02021
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ACORN ESTATES AT Canton, Massachusetts: CANTON HILLS ESTATE TRUST 35 Saddichack Lane sek Canton, Maseachusetts 02021 Civil Lingincers and Sunveyors, __| HOMEOWNER: HANCOCK | ASSOCIATES ASSOCIATION ‘CONDOMINIL #1 | | ab ch [E ||| flies [SF Jk HL | af Eat ie ! Ee: BS, a CCC & i lelele CCC iat is iH z PARCEL 108 1O=€5 (15 & 17) ‘3 SADOLCDATE LANE. 15-17 SADDLEBACK LANE DEED BOOK 37309, PACE 179 ‘PLAN NOOK SBE, PAGE 40 AT SADREGAER AND HORSSHOE 24K WERE SLT 13 BELT GACH FROM ROAD Sa SOUNE FOR THE PURPOSE OF MCASURHG SEAT SIOPPMG DISTANCE. 4) WARS SET AT DNTTASECTION CF SADE EOACE LANE by RANOCEPH SIRTET AKO CANTON HILLS a PARCEL Of 100—35 1125 ANOOLEN STRICT CANTON HILLS ESTATES: NOMEOWNERS ASSOGATION TRUST yen mere” tl of NEW BATS ART SMOAN. CHAPTER «1, SCZ. BsHz).
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CANTON HILLS ESTATES TRUST 35 Saddleback Lane Canton, Massactresetts 0202 HOMEOWNERS ASSOCIATION HANCOCK ASSOCIATES CANTON HILLS Cie) Hngineers ce ie: 3 aad i TL 4 i pyaUs eres zag 2 be ne pe iy woe, TE mye ie ASS . eancet i t05-40 Regrets cumustopren de JACLIN Barty “| DEED foox Sune, PACE 360 PUN Uae GO, PACES Ces foo PARCE, 104 10565 Op SADQLEDACK LAME PAUL HAROLD MCAULFFE tt DEED BOOK Jen02. PACT 26 PLAN DOCK 629, PACES 56~75 KATHLEEN R. MCAULIFFE 2 u ial baa HERS i H a kg Hy x —#he ayaa PLITEE g Ey a 2 u 3 a i iz 34009 14925 14959 14475 sbe0D 15425 1500 15979 16900 16425 18eD 16975 37400 Z # i 38 RS ne &8 8 E EBACK SADDE 08 TaN 5) sn totin & 2 gee é # 23 20 tea agate q Hoag ar : ee bagietete 22 oie iS
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Saddleback Lane Metes and Bounds Description Saddleback Lane; a 50’ wide roadway located on the southerly side of Randolph Street in the City of Canton, Norfolk County, Commonwealth of Massachusetts, bounded and described as follows: Beginning at a lead plug in a concrete bound on the sideline of Randolph Street at the point of curvature of Saddleback Lane; thence running: N 77° 55’ 03” E By the sideline of Randolph Street, a distance of one hundred and zero hundredths feet (100.00’) to a point, thence turning and running; Southwesterly Along a curve to the LEFT, having a radius of 25.00 feet and a length of thirty-nine and twenty-seven hundredths feet (39.27’) to a point, thence turning and running; S 12° 04’ 33” E A distance of fifty-eight and forty-three hundredths feet (58.43’) to a point; thence turning and running; Southeasterly Along a curve to the LEFT, having a radius of 300.00 feet and a length of three hundred seventy-two and seventy-nine hundredths feet (372.79’) to a point, thence turning and running; Southeasterly Along a curve to the RIGHT, having a radius of 350.00 feet and a length of two hundred twenty-eight and one hundredth feet (228.01’) to a point, thence turning and running; Northeasterly Along a curve to the LEFT, having a radius of 300.00 feet and a length of seventy-nine and fifty-five hundredths feet (79.55’) to a point, thence turning and running; S 61° 08’ 28” E A distance of two hundred twenty-seven and eighty-three hundredths feet (227.83”) to a point, thence turning and running; Southeasterly Along a curve to the RIGHT, having a radius of 350.00 feet and a length of ten and ninety-five hundredths feet (10.95") to a point, thence turning and running; S 59° 20’ 55” E A distance of three hundred eighty-seven and thirty-six hundredths feet (387.36’) to a point, thence turning and running; Northeasterly Along a curve to the LEFT, having a radius of 300.00 feet and a length of two hundred thirty-five and fourteen hundredths feet (235.14”) to a point at the Canton / Randolph Town line at the end of Autumn Lane, thence turning and running;
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S 36° 41’ 09" E By the Randoph / Canton Town line and the end of Autumn Lane, a distance of fifty-three and forty-five hundredths feet (53.45’) to the southerly sideline of Saddleback Lane; thence turning and running; Southwesterly Along a curve to the RIGHT, having a radius of 350.00 feet and a length of two hundred ninety-four and seventy-four hundredths feet (294.74’) to a point, thence turning and running; N 59° 20° 55” W A distance of three hundred eighty-seven and thirty-six hundredths feet (387.36’) to a point, thence turning and running; Northeasterly Along a curve to the LEFT, having a radius of 300.00 feet and a length of nine and thirty-nine hundredths feet (9.39”) to a point, thence turning and running; N 61° 08’ 28” W In part along the northeasterly end of Horseshoe Lane, a distance of two hundred twenty-seven and cighty-three hundredths feet (227.83’) to a point, thence turning and running; Northwesterly Along a curve to the RIGHT, having a radius of 350.00 feet, a length of ninety-two and eighty-one ed hundredths feet (92.81°) to a point, thence turning and running; Southwesterly Along a curve to the LEFT, having a radius of 300.00 feet, a length of one hundred ninety-five and forty-three hundredths feet (195.43’) to a point, thence turning and running; Northwesterly Along a curve to the RIGHT, having a radius of 350.00 feet and a length of four hundred thirty-four and ninety-three hundredths feet (434.93’) to a point, thence turning and running; Northwesterly Along a curve to the LEFT, having a radius of 25.00 feet and a length of thirty-nine and twenty-seven hundredths feet (39.27’) to the southerly sideline of Randolph Street and the point of beginning. Roadway contains 84,044 square feet more or less and is shown as Saddleback Lane on plan entitled: “Roadway Acceptance Plan of Land in Canton, MA; Acorn Estates at Canton Hills, Canton, Massachusetts” prepared for Canton Hills Estates Homeowners Association Trust, dated December 14, 2023 by Hancock Associates. Roadway is also shown as Road A on subdivision plan recorded as Plan Book 605, pages 66-75. F:/Civil3 DProjects/27403 Canton Hills - Canton / surv / documents / metes and bounds / Saddleback Lane (M&B).doc
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Horseshoe Lane Metes and Bounds Description Horseshoe Lane; a 50’ wide roadway located on the southerly side of Saddleback Lane in the City of Canton, Norfolk County, Commonwealth of Massachusetts, bounded and described as follows: Beginning at a point on the sideline of Saddleback Lane at the point of curvature of Horseshoe Lane; thence running: S 61° 08’ 28” E Along Saddleback Lane, a distance of one hundred and zero hundredths feet (100.00’) to a point, thence turning and running; Southwesterly Along a curve to the LEFT having a radius of 25.00 feet and a length of thirty- nine and twenty-seven hundredths feet (39.27’) to a point, thence turning and running; § 28° 51° 32” W A distance of one hundred and seventy-one hundredths feet (100.71) to a point, thence turning and running; Southwesterly Along a curve to the LEFT, , having a radius of 300.00 feet and a length of thirty-two and nine hundredths feet (32.09’) to a point, thence turning and running; § 22° 43? 47" W A distance of sixty-one and thirty-five hundredths feet (61.35”) to a point; thence turning and running; Southeasterly Along a curve to the LEFT having a radius of 25.00 feet and a length of thirty- four and eighty-three hundredths feet (34.83’) to a point, thence turning and running; Westerly Along a curve to the RIGHT, having a radius of 60.00 feet and a length of two hundred seventy-two and ten hundredths feet (272.10’) to a point, thence turning and running; N 22° 43’ 47” E A distance of one hundred forty-five and one hundredths feet (145.01’) toa point; thence turning and running; Southeasterly Along a curve to the RIGHT, having a radius of 350.00 feet and a length of thirty-seven and forty-four hundredth feet (37.44’) to a point, thence turning and running; N 28°51? 32” E A distance of one hundred and seventy-one hundredths feet (100.71’) to a point, thence turning and running; Northwesterly Along a curve to the LEFT having a radius of 25.00 feet and a length of thirty- nine and twenty-seven hundredths feet (39.27’) to the sideline of Saddleback Lane and the point of beginning. Roadway contains 24,735 square feet more or less and is shown as Horseshoe Lane on plan entitled: “Roadway Acceptance Plan of Land in Canton, MA; Acorn Estates at Canton Hills, Canton, Massachusetts” prepared for Canton Hills Estates Homeowners Association Trust, dated December 14, 2023 by Hancock Associates. Roadway is also shown as Road B on subdivision plan recorded as Plan Book 605, pages 66-75. F:/Civil3 DProjects/27403 Canton Hills - Canton / surv / documents / metes and bounds / Horseshoe Lane (M&B).doc
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EXHIBIT PE CERTIFICATION BY PROPERTY OWNER’S ATTORNEY REGARDING OWNERSHIP OF THE AFFECTED PARCEL As attorney for the Canton Hills Estates Homeowners Association Trust (hereinafter “the Trust”) I hereby certify that I have examined the following: e The plan and metes and bounds for the Trust. (Exhibits D(1) and D(2) ) The Canton Hills Homeowners Association Trust which is recorded in Norfolk Deeds Book 39099, page 18. (Exhibit E) ® Deed conveyancing affected parcels into the Trust. (ExhibitG ) Based on the above stated review I certify as follows: (1) The affected parcels relating to Saddleback Lane and Horseshoe Lane in the Town of Canton, MA have been deeded into the Canton Hills Estates Homeowners Association Trust; (2) The Trust requires “at least one (1) Trustee”. (Section 11); (3) The original Trustee/Manager appointed DAVID NICHOLAS of 35 Saddleback Lane, Canton, MA as Successor Trustee of the Trust on October 12, 2021. (4) Said Sole Trustee David Nicholas has the power under the Trust to agree to all the terms and conditions listed in the Town’s “Policy on Converting Private Streets into Public Ways”. (Exhibit B) Said powers are stated in the following sections of the Trust, inter alia: Sections 3; 5; 7; 12; 14; 18; and 22. Respectfully submitted Attorney for the Canton Hills Estates Homeowners Association 12 Williams Street Canton, MA 02021 December 26, 2023
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BANIBIT % iF RECEIVED AND Reco NORPOLK COUNTS REGISTRY CP DeENS DEOHAM, Ma Hk B9099 Fel 8297357 ci NMS-MS—AIP Ll a Woe Sl ERTIFY 4 NOT Shite AN MRM? O;Dodte Reggsren OFFICIAL CANTON HILLSESTATES HOMEOWNERS ASSOCIATION TRUST This Declaration of Trust made this 22nd day of December_, 2020, effective as of December 20, 2016, by Acorn Woods, LLC a Massachusetts limited liability company with its principal place of business located at 88 Waverley Street, Framingham, Mass. 01702 (hereinafter “Declarant”), 1. TRUST NAME The name of this trust shall be Canton Hills Estates Homeowner’s Association Trust (hereinafter called “the Trust”) 2. TRUST REAL ESTATE The Trust Real Estate shall be all of the land and common areas (stormwater parcels A. and B and Sewer Pump parcels A and B and Road A and Road B hereinafter referred to as “Trust Property”) as shown on a plan entitled “Acorn Estates at Canton Hills” dated August 26, 2010, last revised October'26, 2010, prepared by H. W. Moore Associates, Inc. and recorded with the Norfolk Registry of Decds as Plan 66 of 2011, in Plan Book 605, Pages 66-75 as amended of record (“Plan”). ; 3. PURPOSE The purpose of this trust is to provide for the preservation and maintenance for the common enjoyment and benefit of the Owners (as hereinafter defined) of the roadway, detention basins, sewer pump facility and related facilities (the “Trust Property”) which have been deeded into the Trust by Acom Woods, LLC by deed dated December 22 , 2020 and recorded at the Norfolk County Registry of Deeds on even date herewith —. The Trustees are responsible for the management and upkeep of the Property and administration of the Trust as outlined in the Canton Hills Estates Declaration of Covenants, Conditions, Restrictions and Easements recorded at the Norfolk Registry of Deeds on December 20, 2016, Book 34783, Page 251 and amended by the Canton Hills Estates Amended Declaration of Covenants, Conditions, Restrictions and Easements recorded at the Norfolk Registry of Deeds on June 13, 2018, Book 36054, Page 165. 4. BENEFICIARIES The beneficiaries of the trust shall be the several Owners of the Lots numbered 1-28 as shown on the Plan referred to above. The word “Owner” shall mean and refer to the record holder from time to time of the legal title in fee to the dwelling house lots (the “Lots”) of the \\
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Bk 39099 Pg1i9 #29737 NOT NCT tract to land known as CanfoHills Estates Subdivision in Gariton, Norfolk County, Massachusetts, arfal Shofvrn4sdots 1428lon the plan@f find réfetendedhaliove. The holder of legal title in fee shall include@h@hdid& of the equity of redentition tn the case of mortgaged land (excluding the mortgagee in such case) and on having legal life or other estate in possession and excluding a lessee, tenant, mortgagee and onc having a legal estate in remainder or otherwise subsequent to a legal estate in possession and also excluding the Trustee as owners of the Trust Real Estate. Whenever any of said Lots is owned of record by more than one person the several owners of such Lot shall (a) determine and designate which one of such owners shall be authorized and entitled to cast votes, execute instruments, act as Trustee, and otherwise exercise the rights appertaining to such Lot hereunder; and (b) notify the Trustee of such designation by a notice in writing signed by ail the record owners of such lot, Any such designation shall take effect upon receipt by the Trustee of such notice and may be changed at any time and from time to time by notice as aforesaid. In the absence of any such notice of designation, the trustee may designate any one of the owners for such purposes or disqualify all of such owners from voting until a notice of designation is received from such owners in the required form. 5. OBLIGATIONS, POWERS AND DUTIES OF THE TRUSTEE A. For the purpose of carrying out the terms of this Trust, the Trustee shall have all powers and duties necessary for administration of the Trust Property, including without limitation the following obligations, powers and duties which may be exercised by the Trustee without any action or consent by the Owners and which shall continue after the termination of the Trust for the purpose of disposing of the Trust property and until final disposition thereof: i, to inspect, maintain, repair, improve, change or alter any real property, including, roadways, insialling, repairing, tearing down and rebuilding structures, or additions thereto: ii, the obligation to maintain the integrity of the detention ponds designated in the Plan as Trust Property and accessories thereto. Further, owners shall contact Sunny Thomas, Trustee of Canton Hills Estate Homeowners Association Trust or his successors, agents or assigns in the event any portion of the drainage easement areas of component parts require attention; iii, to adopt reasonable rules and regulations governing the enjoyment by the owners of the common areas upon the Trust Property; iv, to make contracts and other agreements in the name of the trust which the Trustees deem convenient to the performance of their dutics as Trustees including an agreement with the Town of Canton; v to open bank accounts in the name of the Trust;