1/26/1942 · DEED · book 28 page 606 doc 3@28/606

662 IN THE DISTRICT COURT OF THE UNITED STATES IN AND FOR THE DISTRICT OF RHODE ISLAND UNITED STATES OF AMERICA PETITIONER vs. } Misc. No. 156 } .212 OF AN ACRE OF LAND, MORE OR LESS, SITUATE IN TOWN OF CHARLESTOWN, COUNTY OF WASHINGTON, STATE OF RHODE ISLAND AND J. E. NUISI ET AL., } DEPENDANTS ORDER AND JUDGMENT ON DECLARATION OF TAKING It appearing to this Court that on the 29th day of May, 1942, the United States of America filed herein a petition for the condemnation of certain lands hereinafter described and that together therewith was filed a declaration of taking signed by Henry L. Stimson, Secretary of War under, and by virtue of the provisions of the Acts of Congress approved February 26, 1931 (46 Stat. 1421, 40 U. S. C. sec. 258a), and acts supplementary thereto and amendatory thereof, and under the further authority of the Act of Congress approved August 18, 1890, (26 Stat. 116), as amended by the Acts of Congress approved July 2, 1917 (40 Stat. 241), April 11, 1928 (40 Stat. 518, 50 U. S. C. sec. 171) March 27, 1942, (Public Law 507 - 77th Congress), and the Act of Congress approved December 17, 1941 (Public Law 153 - 77th Congress), which authorize the acquisition by condenna- tion proceedings of lands suitable and necessary for public purposes, and further appears that the Secretary of War, in the declaration of taking with schedules attached, has duly stated the authority under which and the public use for which the lands are taken, the estate or interest to be acquired, the estimated just compensation for the lands, together with a proper description and a plan of the lands taken, and that the estimated just compensation for all the lands deposited into the Registry of this Court is FIVE HUNDRED DOLLARS ($500.00). It is, therefore, on motion of HARRY A. SMITH, Special Assistant to the Attorney General ORDERED AND ADJUDGED that the title to the lands described in the declaration of taking and described below, vested in the United States in fee simple, subject however to existing easements for public roads and highways, for public utilities, for railroads and for mines lies, upon the filing of the Declaration of taking to wit: TRACT No. 1 DESCRIPTION All that certain piece or parcel of land, together with the improvements if any thereon, situate in the Town of Charlestown, County of Washington and State of Rhode Island, as determined by the U. S. Army Corps of Engineers Department of War on a plat dated March, 1942, the said tract being a portion of a larger tract of land as shown on plat 1, sheet 2, Section 4, Range 1 and being a small portion of the said Nuisi lands known as lot No. 107 on Charlestown Assessors Plat No. 1, and bounds and distances described as follows: Beginning at a point, as drill hole No. 1, as shown located on the easterly side of East Beach Road at the division line between the land herein described and an adjacent lot to the South and runs North 82 deg. 15' 30" West along the boundary of land belonging to an unknown owner, the coordinates of drill hole No. 1 be "X" 1156.80 ft. and "Y" 1111.10 ft. from the origin "X" 0.00 ft. and "Y" 0.00 ft. the zero of coordinates, and one hundred ninety nine feet six and seventy eight hundredths feet (199.78 ft.) to a stone wall and runs North seventy seven degrees twenty eight minutes (312.70 ft.) there to a stone wall and by the land of said owner unknown N. 42 deg. 50' 30" W. a distance of one hundred twenty six feet 64.19 ft. there to a hole in a boulder in the said stone wall thence westerly still in the said stone wall there to a hole in a boulder in the said stone wall thence westerly still in the said stone wall one hundred eighty five feet (15.41 ft.) to a cross cut chiseled in the said stone wall at one end and bearing North 82 deg. 15' 30" West and runs North 82 deg. 15' 30" West to lot No. 139 owned Assessors Plat No. 171 and thence in the same lot No. 139 North 82 deg. 15' 30" West to the line between lot No. 139 and lot No. 140 a distance of forty nine and one tenth feet (149.1 ft.) to a stake on the northerly side of a highway, thence N. 82 deg. 15' 30" W. along the highway, N. 74 deg. 03' 30" W. twenty five and seventy five hundredths feet (25.75 ft.) to a stone boundary marker, thence N. 82 deg. 15' 30" W. along the boundary of said highway by the arc of a curve to the right having a radius of fifty five hundredths feet (55.00 ft.) a distance of twenty five and seventy one hundredths feet (25.71 ft.) to a stone boundary marker, thence N. 82 deg. 15' 30" W. a distance of seventy five and forty nine hundredths feet (75.49 ft.) to a stone boundary marker, thence South 17 deg. 45' 00" E. of East Beach Road thence by the easterly side of East Beach Road N. 27 deg. 32' 30" W. forty six and seventy seven hundredths feet (46.77 ft.) to the point of place of be- ginning and containing two hundred twelve thousandths (0.212) of an acre of land, more or less.

663 It is hereby ORDERED AND ADJUDGED that the title to the lands hereinabove described is indefeasibly vested in the United States of America in fee simple, subject however to existing easements for public roads and highways, for public utilities, for railroads and for pipe lines. And it is further ORDERED AND ADJUDGED that the owners, claimants and occupants of said lands and every part and parcel thereof forthwith deliver to the petitioner herein, and to its duly authorized agents, the immediate and exclusive possession of said lands. And it is further ordered that a certified copy of this ORDER with a certificate of the Clerk of this Court showing the payment into the Registry of the Court of the sum hereinabove set forth, shall be served upon each and every person or persons in possession of said lands. And it is further Ordered that due and legal service be had upon all of the persons, firms and corporations named as defendants or claimants in the petition on file herein, and all singular their heirs, husb-weds, wives, devisees, executors, administrators, representatives, alienees, successors, and assigns of each and every named person, firm and corporation, and all known owners, lienors and claimants having or claiming any title, estate, equity or lien, and all occupants, lessees, licensees and users and holders and owners of and claimants to easements, in, on, over, across or through said lands, and all persons, companies and corporations claiming any title to or in any of said tracts of land requiring said parties to answer in this cause setting forth any claim, right, title, interest or possession of any kind or nature in and to said described lands, within sixty days of the service of this order. Dated at Providence, Rhode Island this 29th day of May, 1942 at 12:40 p. m. Eastern War Time. JOHN P. HARTLEY, JR. JUDGE I, WILLIAM E. REDDY, Clerk of the United States District Court for the District of Rhode Island, hereby certify that the foregoing is a true copy of an Order and Judgment entered in the cause entitled: UNITED STATES OF AMERICA PETITIONER -vs- .212 OR AN ACRE OF LAND, MORE OR LESS, KNOWN AS THE TOWN OF CHARLESTOWN, COUNTY OF WASHINGTON STATE OF RHODE ISLAND AND J. E. RUINI, ET AL., DEFENDANTS and numbered 156% of the Miscellaneous Docket of said Court. WITNESS my hand and the seal of said Court, in Providence, in said District, this 29th day of May, A. D. 1942. WILLIAM E. REDDY (COURT SEAL) Clerk, U. S. Dist. Court. Received for record May 29, A. D. 1942 at 4:10 o'clock, p. m. and recorded by [?] Town Clerk