20160304-0034 FERC PDF (Unofficial) 03/04/2016

Knm nf Rracut

~ SISS

TOWN HALL

B2 ARLINGTON STREET
DRACUT, blASSACHUSEITS 01828

TEL: 978%52-1908
FAX: 978-452-7924
Emalk hoardofselecbnenodracubna.gov

Tony Archlnskl, Chelnnan

Album Hughes, Vhe Chelrwnman

remi DrlsNarls. Qerk

Joaeph DIRocco, Jr.
Cathy Richardson
C/I

February 19, 2016

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Kimberly D. Bose, Secretary

Federal Energy Regulatory Commission
888 First Street, NE, Room 1A
Washington, DC 20426

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RE: CP16-21-000
Subject: Request for a new FERC scoping session for the Dracut, MA (Market Trail End) North
East Energy Direct proposed compressor station site.
Dear Ms. Bose,

We are hereby respectfully requesting that FERC halt the application pmcess for docket 16-21000, and quickly open a new scoping session for the Dracut, MA (Broadway Road) proposed
compressor station site based upon the following points:
e The FERC scoping session that was held on August 13, 2015 at the Four Oaks Country
Club in Dracut pertained to the compressor station being located at Parker Village, not
along 970 Broadway Road which is the latest proposed site.

e Kinder Morgan announced a compressor station site change from the Parker Village
area to 970 Broadway Road at a Kinder Morgan open house on November 2, 2015 at the
Four Oaks Country Club in which several of the new abutters were never notified; and
then submitted its application to FERC on November 20, 2015.
e The last minute change of the compressor station sites did not give the new '/s mile
radius abutteis'dequate time to seek information and to ask questions of the Juoject, nor
were many of these new abutters notified by Kinder Morgan.

* On January 6, 2016, the

Tennessee Gas Pipeline Company requested a waiver from the

necessary notification to abutters. This is not best practice and violates these
Rights per Landowner Notification Rights per Section 157.6(d).
abutters'onstitutional

20160304-0034 FERC PDF (Unofficial) 03/04/2016

'urthermore,

Kinder Morgan seems to have known right Iiom the beginning that they
wanted to locate the compressor station at the 970 Broadway Road location, for they
made purchase land agreements with the impacted parties on August 21, 2015 (see
attached purchase agreements).

The above points begs the asking of the question, "Why did Kinder Morgan go through the
notion of declaring at the August 2015 FERC scoping session that the compressor station would
be located at the Parker Village site, when they made signed purchase agreements in August of
2015 for the Broadway Road properties?"
This action by Kinder Morgan appears to be outright deception in order to keep the 'A mile radius
abutters in the dark so that these abutters would not have sufficient time to seek information, ask
question and to have their voices heard. The original Parker Village site appears to have been a
smokescreen so that Kinder Morgan could create the illusion that they made a concession to the
Town of Dracut by moving the site location fmm Parker Village to Broadway Road, when they
actually knew all along that the Broadway Road site was what they wanted Sum the very
beginning based upon them signing purchase land agreements dated August 21, 2015.

Because of the aforementioned, the Town of Dracut is requesting that a new scoping session be
held in Dracut. It is apparent that Kinder Morgan knew back in August of 2015 that they wanted
the Broadway Road site and therefore had ample time to inform all of the ~A mile radius abutters.
Furthermote, there are many new homes that reside within the Yi mile radius Kinder Morgan
needs to ensure that they are using the most current information to make certain that these
abutters get notified.
Respectfully,
ut Board

The

of Selectmen

Tony Aichinski, Chairman

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Tami

iJl(ll14'l
Vice-Chairwoman

M.Ihistgjeis, Clerk

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1)IP

Joseph DiRocco, Jr.

Cathy Richardson

hos/sr

20160304-0034 FERC PDF (Unofficial) 03/04/2016

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Recordse 11/sc/2cl 2 12

ai. 2gs/S
MEMORANDUM

O~
ACREEMENT FOR OPTION TO PURCHASE PROPERTY

~~ 4I,

This Memorandum

of

of Agreement for

Option to Purchase Propeny f'Men/aran/2///m")

2015, by Paul Toupin of 960 Bmadwsy LLC (the

is made as

"Sage), landowner of

of Dracut, County of Middlesex, Massachusetts, as identified in Etdd)ILt

A attached hereto, Tenncssce Gas Pipeline Company, L.L.C.s De)aware limited liability compmy
("BuyeP), cogecdvely rcfened to herein as the "Parries".
land Io/nted in the Town

1. Tbe Parties have entered into an Option to Purchase Agreement (the "Oprisw AgrssareaP)

of even

date herewith, pursuant to which Buyer has been granted the option to purchase
certain land owned by Seller, ss such land is legally described on Exhibit A auacbed hereto

(tbe "601/yen Aree").

2. The tenn of thc Option

shall expire on luly 21, 2017 unless terminated

accordance with the Option to Purchase Agreement.

3.

This Memonmdum is prepared snd recorded for the purpose of putting the public on notice
of tbe Option to Purchase Agrcemmt. This Memorandum in no way modifies the terms or
conditions of the Option to Purchase Agreement. In the event of any conflict between the
terms of this Memanudum and the tenne of the Option to Purchase Agreement, the tenne
of tbe Option to Purchase Agreement shell runnel.

4. This

may be executed in counterparts,

Memonmdum
single brtumeuL

which together shall constitute

IN WITNESS WHEREOF, the Parties have executed this Memorandum

above.

ss of the date specified

SELLER
By:

earlier in

D: if-3-I-/K

/(

Paul Toupin

IF

960 Broadway Ro(rd I LI C

20160304-0034 FERC PDF (Unofficial) 03/04/2016

BUYER
TENNESSEE

By:

P PEL

E COMPANY, L.L.C.

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i)Std'/

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ACKNOWLEDGMENT
Conunoawealth
County

of

of Massachusetts

Middlesex

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p.&/',

/
On the
the year
be&re me, the undersigaerh
day of
rr.'~
lt
Notary Public in and for said State, personally appeared
/ a /
.Prscnally huown to me or pmved to me on the basis of
evideace to be the
'individual(s) whose name(s) is (sre) subscribed to the within nstnunem and
me that he/sbe/they executed the same in h's/hcr/ttmir capscitygies), and that by
sigusturt(s) on the instnnnent, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.

Toe

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ldotsry lt6blic

0/y-//0

MyConunissionExpires

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20160304-0034 FERC PDF (Unofficial) 03/04/2016

CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF BARR)S

) SS

Date:

-Arve.~t

r L

~u.

Personally appeared Daniel G. Gredvig as Agent Attorney in Fact, signer aad sealer of the
foregoing intstrunumt, and ackaowtedged tbe same to be his See sct and deed as such offtcer, aud
the free act and deed of said company, before me,

Notary Public

My Commission expires

1
ur Qt - Qgtta

20160304-0034 FERC PDF (Unofficial) 03/04/2016

EXHIBlT A
Being 29.64 acme as shown on Town of Dracut Tsx Map 21 Lot 12 and being described in
Book 11000 page195 in Middlesex County Registry of Deeds August 16,2000 along with
attached is Exhibit B Survey reconied in Book 200 Plan 68 June 1,1999. Excepting and
reserving approximately 5 acres to be surveyed and determined by sadsfactory appmval by Ihe
Dracut Planning Board see attached sketch Labeled Exhirk C altogether with the interests,
easements, rights, benefits, knprovements and agached fixtures appurtenant thereto, all
interest of Seller in vacated sheets and alleys adjacent thereto

20160304-0034 FERC PDF (Unofficial) 03/04/2016

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20160304-0034 FERC PDF (Unofficial) 03/04/2016

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Recorded: I lrsw26'16 12:24 PM

MEMORANDUM

OF
AGREEMENT FOR OPTION TO PURCHASE PROPERTY

This Memorandum of Agreemem for Option to purchase Property ("Memorandmn") is made ss

of August)(t. 2015. by ZAOM, LLC, s Massachusens limited liability company with an address
st P.O. Box 354, 2$ lmon Hill Road, Dracut. Massachuseus 01$26 (the "Seller"), landowner of
lead located ia the Town of Draco'ounty of Middlesex, Massachusetts, as identified in
~ibit A attached hereto, Tennessee Gas Pipeline Company, L.L.C.a Delaware limited liability
company with an address at 1001 Louisiana Street, Houston, Texas 77002 ("Buyer" ),
collecuvely referred to herein as the "Perrier".

1. The Parties have entered

into an Option to purchase Agreement

(the "fhufon
rdgrdrmenl") of even date herewith, pursuant to which Buyer hss been granted the option
to purchase ccnain land owned by Seflcr. as such land is legally described oa ~flxhi
hereto (tbe "Oprieu Arcs").
'oached

24

2. The tenn of the Option shall expire on

pat

43

re
4

17, 2017 unless terminated

earlier in

Memorandum is prepared and recorded for the purpose of putting the public on
of the Olnion to Purchase Agmcment. This Memwandum in no way modifies the
terms or conditions of the Option to Purchase Agreement. In the event of any conflict
between the terms of this
and thc terms of the Opdon to Purchase
the 1emw of the Opuon m Purchase Agrccnumt shall control.

3. This

notice

P
7

ur
43

April

accordance with the Option to Purchase Agreement.

er

4.

5.

TIds Memorandum
wnglc instrument

M~

may be executed in

co

ntcrpmts,

which together shall constitute

Buyer acknowledges and agrees that the Optics Ama is subject to the tmms, covenants,
conditions, estrictions snd requirements of (i) that certain Limited Warmnty Deed to
Seller dated December 19. 2013 recorded in the Middlmcx North Registry of Deeds in
.Book 27962, Page I and (ii) that cerudn Acuvity snd Usc Limindion dated ss of
November 5. 2002 recorded in the Middlesex Nonh Registry of Deeds in Book 13955,
Page 77, sll of which Buyer atpucs. at Buyer's sole cast and cxpease, to comply with in
connection udth Buyer's investigation of dw Option Area and any exercise by Buyer of
its option to Purchase the Option Area.

3343ml3 e4 m37337cgasrm

20160304-0034 FERC PDF (Unofficial) 03/04/2016

IN 'tyl'IyglbiS

WIII!Itlrt)l:. thc panics have excreted this Memorandum

ss of tbc date spccilicd

above.

SELLFR
ZADM, LLC, u Massachuscus
limited liability cotupany

Sy

Da

:,."..~amour anu
DSF.'.:.::

Angus~,

20 I 5

Duly Authorized Real Propcny Signatory

but not individually

BUYER

TENNESSEE GAS PIPELINE COMPANY,

s Delaware limited linbility company

~ Johnny

M~

I..L.C..

Date:

August@,20)5

Title: Vice President

ACKNOWLEDGMENT
Commomvcalth

County

of

of Mamachusetts

M)ddlesex

)
) sss

On thc u) I ~4 day of August in thc year 2015, before me, thc undersigned, a Notary Public
in and fnr said Staie, personally appcarcd Oto Albnnese, Manng! ng Member and Duly
Authorized Real Propeny Signstnry. pcrmnally known tn mc or proved to me on the basis of
mtisfbctoty cvidcncc to bc thc individual rvhosc nmne is subscribed to the within instrument and
ecknnwtedgwt to tne that he execu)cd tire smnc in his capacity as aforesa)d on behalf of ZAOM.
LLC, and that by his signature on thc instrumenk thc entity upon behalf of which the individual
acted. cxccutcd the instruntcnt.

JC.+a..

Motet) Publicn
My Commission Lxpires
2
sssssels vs essresleelsree

.3usr 0 tl. clo 18

20160304-0034 FERC PDF (Unofficial) 03/04/2016

CORPORATE
STATE Olr TEXAS
COt)NTY

ACKNOW

) SS.
)

Ol'lhkRIS

Date:

I.K))i;lr)KPT f

eke(i f55 c C -er~

Personally appeared .Iohnny McGee Vice Prcsidcm. signer and scalcr ol'he foregoin
instrument. and ac)amer)edged the sante to be his free act and deed as such oAiccr. nnd thc frcc
act and deed of said company, before me,

osno c. soss. ss.

~+use
norsorlaor
rrr comrsaaes
assess

Ssasn $0, Salt

Notary Public
/'y

Commission cspircs

f/3
I

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20160304-0034 FERC PDF (Unofficial) 03/04/2016

EXHIBIT A
Being that certain parcel of land consisting of approxinunely 16.4025 acres as shown on
Town of Dracut Tax Map 21 Lot 14 and being described in the Limited Wsrrsmty Deed
to Seller dated December 19, 2013 reauded in the Middlesex North Rcgisuy of Dccds in
Book 27962 page 1 and shown on that certain pisa cutided "Activity and Vse Limitsdon
Phm of Land in Drscut, MA, prepwed for Geologic Services Oopcnnh'" recorded in tbe
Mhhgescx North Registry of Deeds in Plan Book 209, Plan 100, together whh the
interests,
rights, benefits, impmvcments and attachM Sxturru
thereto but peccKcally exduding aU mineral rights, if any, all interest of Srdhr in vacated
suects snd alleys adjacent thereto, (herein reieued to ss the "Option Area" ).

~t

20160304-0034 FERC PDF (Unofficial) 03/04/2016

Document Content(s)
14163733.tif..........................................................1-11