Governor and Executive Council Agenda item PDF - 2026-01-07 - agenda 9

Meeting Date

2026-01-07

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

9

Agency Names

Department Of Transportation

Parent Meeting Title

Governor and Executive Council meeting - 2026-01-07

•II T

THE STA IE OF NEW HAMPSHIRE

DEPARTMENT OF TRANSPORTATION

Departmeni of Transportation

William Cass, P.E.

Commissioner

JAN 0 7 2026

David Rodrigue, P.E.

Assistant Commissioner

Michelle L. Winters

Deputy Commissioner

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

Bureau of Right-of-Way

November 25, 2025

REQUESTED ACTION

The New Hampshire Department of Transportation (Department), in accordance with RSA 4:39-c, seeks

authorization to sell approximately 0.05 +/- acres of unimproved State-owned land, located northeasterly

of NH Route 11 (Lake Shore Road), and south of the Belknap Point Road in the Town of Gilford,

County of Belknap, identified as the parcel abutting the southerly side of Tax Map 242, Lot 232. The

sale will be a direct sale to Richard Zagame for $47,100, which includes an assessed administrative fee

of$l,100.

On April 23, 2025, the Governor and Council approved the Department's request (Item #27) to sell the

0.077 +/- acres of State-owned land for $61,400, with an additional administrative fee of $1,100 ($500

of which was previously received).

The land will be conveyed without any explicit covenants, restrictions, or permissions regarding

hunting, fishing, or other recreational activities, and the applicable local and state laws will govern such

activities.

The Department's Bureau of Finance and Contracts has confirmed that the parcel was purchased initially

using 80% Federal Funds and 20% Highway funds.

Funding is to be credited as follows:

04-096-096-960015-0000-UUU-402156

Administrative Fee

04-096-096-963515-3054-401771

Federal Funds

(80% of $46,000)

04-096-096-960015-0000-UUU-409279

Highway Funds

(20% of $46,000)

FY 2025

$1,100

FY 2025

$36,800

FY 2025

$9,200

JOHN O. MORTON BUILDING • 7 HAZEN DRIVE • P.O. BOX 483 • CONCORD, NEW HAMPSHIRE 03302-0483

TELEPHONE: 16031 271-3734 • FAX: (603) 271-3914 • TDD: RELAY NH 1-800-735-2964. DOT.NH.GOV

EXPLANATION

The Department is processing the disposal of 0.05 +/- acres of unimproved vacant land in the Town of

Gilford. The parcel of land was acquired in 1959 from The Estate of Alfred V. Lincoln by Quitclaim

Deed as recorded in the Belknap County Registry of Deeds in Book 401, Page 550, for the realignment

and construction of NH Route 11, Gilford, S-216(2), P-3792 Project, parcel 10. The parcel is identified

as abutting vacant land on the southerly side of the requestor's parcel, identified in the Town of Gilford

at Tax Map 242, Lot 232.

After departmental review, it was determined that the parcel is surplus to the department's operational

needs. The sale will include the following conditions:

• As a condition of this sale, the buyer (Grantee) will be required to commission a Land Surveyor

licensed in NH to survey and prepare a Perimeter Boundary Line plan depicting the limits of the

right-of-way, meeting the NH Code of Administrative Rules 503.09, to be submitted to the

Department for review and approval. Upon the Department's approval, the Grantee must record

the plan pursuant to RSA 478:1-a in the Belknap County Registry of Deeds. On request, the

Grantee shall furnish a full-size copy of the recorded plan along with a draft legal description of

the parcel to be conveyed, from which the Department will prepare the conveyance deed.

• Due to the proximity of the property to Laconia Municipal Airport, any proposed construction or

alteration of structures or temporary equipment on this property, the proponent will need to

provide notice to the Federal Aviation Administration (FAA) via

https://oeaaa.faa.gov/oeaaa/external/portal.jsp, and no construction can be initiated until the FAA

has issued a determination letter about the proposal. Notification to the FAA is to be a minimum

of 45 business days before initiating construction. The proponent should be made aware of this

federal requirement under US Code of Federal Regulations Title 14 Part 77.9

(http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=l 4:2.0.1.2.9).

• The Grantee shall be responsible for obtaining all local and state land use approvals prior to

closing.

• The Grantee will reeeive the eonveyanee without explicit covenants, restrictions, or permissions

regarding hunting, fishing, and other recreational activities. After closing, applicable loeal and

state laws will regulate such activities for the Grantee.

• An administrative fee of $ 1,100.00 is required from the Grantee at the time of the sale.

• The stonewall is to be avoided or impacts minimized. If breaching is needed, actions should follow

the New Hampshire stonewall policy.

• No access to NH Route 11 will be provided from the subject parcel.

This land was previously approved for conveyance at the October 2, 2024, Long Range Capital Planning

and Utilization Committee meeting (LRCP 24-032), authorizing the Department to proceed with the sale

JOHN O. MORTON BUILDING. 7 HAZEN DRIVE • P.O. BOX 483 • CONCORD, NEW HAMPSHIRE 03302-0483

TELEPHONE: 1603) 271-3734. FAX: (603) 271-3914. TDD: RELAY NH 1-800-735-2964 • DOT.NH.GOV

of approximately 0.077 +/- acres of State-owned land. The sale price was set at the contributory value of

$61,400, with an additional administrative fee of $1,100 ($500 of which had already been received).

On April 23, 2025, the Governor and Council approved the Department's request (Item #27) to sell the

0.077 +/- acres of State-owned land for $61,400, with an additional administrative fee of $1,100 ($500

of which was previously received).

Recently, the land was surveyed and found to be smaller than initially reported. The land was

reappraised, and the contributory value was adjusted downward to reflect the smaller footprint.

At the September 29, 2025, Long Range Capital Planning and Utilization Committee meeting, the

request (LRCP 25-031) was approved, authorizing the Department to proceed with the sale of

approximately 0.05 +/- acres of State-owned land. The sale price is set at the contributory value of

$46,000, with an additional administrative fee of $1,100 ($500 of which was previously received).

The Department solicited interest from the Town of Gilford pursuant to RSA 4:39-c, and the Town

declined to express interest in the property.

The Department also solicited interest from the New Hampshire Housing Finance Authority pursuant to

RSA 204-D:2, and the New Hampshire Housing Finance Authority declined to express interest in the

property.

The Department respectfully requests authorization to proceed with the sale of this land, subject to the

conditions noted above.

Respectfully,

William J. Cass, P.E.

Commissioner

WJC/JEP

Attachments

JOHN O. MORTON BUILDING • 7 HAZEN DRIVE • P.O. BOX 483 • CONCORD, NEW HAMPSHIRE 03302-0483

TELEPHONE: (603) 271-3734 • FAX: (603) 271-3914 • TDD: RELAY NH 1-800-735-2964 • DOT.NH.GOV

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RIGHT-OF-WAY PLAN

PREPARED FOR

RICHARD ZAGAME

TAX MAP 242, LOT 232

113 BELKNAP POINT ROAD

GILFORD, (BELKNAP COUNTY) NH

SCALE r = 20' MAY 6. 2025

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PURCHASE AND SALES AGREEMENT

This PURCHASE AND SALES AGREEMENT ("Agreement") is made as of the Jth^ day of

August, 2025, by and between the State of New Hampshire, Department of

Transportation, (hereinafter the "Department") having a principal place of business at 7 Hazen

Drive, Concord, New Hampshire 03301 and Richard Zagame or designee at closing, with a

residential address of 113 BeUonap Point Road, Gilford, New Hampshire 03249 (hereinafter the

"Buyer"). The Department and the Buyer are collectively referred to as the ("Parties") and

individually as a ("Party").

RECITALS

This Agreement relates to the sale of real estate consisting of 0.077 +/- acres of State-owned land

located on the northeasterly side of NH Route 11 (Lake Shore Road) and south of Belknap Point

Road in the Town of Gilford, County of Belknap. More particularly being a portion of a parcel

of land acquired ftom The Estate of Alfred V. Lincoln in Book 401, Page 550, as recorded in the

Belknap County Registry of Deeds. The parcel was acquired for the realigmnent and

construction of NH Route 11, Gilford, S-216(2), P-3792 Project, parcel 10.

This Agreement is entered into upon the basis of the following facts and intentions of the Parties:

I. The Department owns certain real estate located on the northeasterly side of NH Route 11

(Lake Shore Road) and the southside of Belknap Point Road in the Town of Gilford,

County of Belknap, consisting of 0.077 +/- acres as described above.

H. The Department is divesting the Property, as it has been deemed surplus to the

Department's operational needs.

III. The Buyer is afforded the ability to acquire the Property in accordance with New

Hampshire State Law RSA 4:39-c.

IV. The Buyer, subject to the contingencies set forth within this Agreement, desires to

acquire the Property from the Department.

V. This Agreement is a binding contract that shall become effective upon approval of the

Governor and Executive Council.

VI. All Parties to this Agreement are willing to proceed upon the terms and conditions of this

Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

I. DESCRIPTION OF PROPERTY AND REAL ESTATE TRANSACTION:

1.1. General: Pending the results of the Buyer's due diligence and the other

conditions in this Agreement, the Department intends to sell to the Buyer, and the

Buyer intends to acquire from the Department, the Property, consisting of 0.077

+/- acres, as shown on Gilford S-216(2) P-3792 - Sheet #10 (listed as EXHIBIT

1) and Town of Gilford Tax Map 242 Lot 232 (listed as EXHIBIT 2).

1.2. Purchase Price: The Buyer shall acquire the Property for the sum of SIXTY-

ONE THOUSAND FOUR HUNDRED DOLLARS ($61,400) due at closing. The

Department will also assess a $1,100 administrative fee. A sum of FIVE

HUNDRED DOLLARS ($500) has been received and the remaining SIX

HUNDRED DOLLARS r$600I will be due at closing. The balance at closing will

be a sum of SIXTY-TWO THOUSAND DOLLARS ($62,000).

1.3. Payment ofPurchase Price: The purchase price shall be paid in full by the

Buyer, by certified check or bank check, made out to "Treasurer, State of New

Hampshire", and presented to the Department at the closing and conveyance of

the Property to the Buyer.

1.4. Conditions ofsale: The Property is being sold "AS IS, WHERE IS, and WITH

ALL FAULTS," with the sale conditions approved by the Long-Range Capital

Planning and Utilization Committee on October 2, 2024, (LRCP #24-032),

pending the Governor and Executive Council approval. The following sale

conditions must be satisfied prior to closing:

1.4.1 The Buyer must commission a Land Surveyor licensed in New Hampshire to

prepare a perimeter boundary plan illustrating the existing Right-of-Way or

any mutually agreed-upon adjustments. All survey work must adhere to the

New Hampshire Code of Administrative Rules 503.09 (listed as EXHIBIT 3)

and encompass all elements outlined in the NHDOT Right-of-Way Layout

Plan checklist (listed as EXHIBIT 4). The Preliminary plans, submitted for

review and approval by the NHDOT Bureau of Right-of-Way, must include

all missing and proposed boundary lines, as well as Right-of-way deflection

points, PTs, and PCs, appropriately monumented. Following approval from

the Department, the surveyor is obligated to record the plan in the Belknap

County Registry of Deeds. Upon request, the Buyer shall furnish a full-size

copy of the recorded plan along with a draft legal description of the parcel to

be conveyed.

1.4.2 The Buyer shall be responsible for obtaining all local and State land use

approvals precedent to the closing.

1.4.3 The Bureau of Aeronautics does not need this property now or in the

foreseeable future for aeronautical purposes. However, due to the proximity of

the property to Laconia Municipal Airport any proposed construction or

alteration of structures or temporary equipment on this property the proponent

will need to provide notice to the Federal Aviation Administration (FAA) via

and no construction can be

initiated until the FAA has issued a determination letter about the proposal.

Notification to FAA is to be a minimum of 45 business days before initiating

construction. The proponent should be made aware of this federal

requirement under US Code of Federal Regulations Title 14 Part 77.9

()•

1.4.4 The stonewall is to be avoided or impacts minimized. If breaching is needing,

actions should be taken to follow the New Hampshire stonewall policy.

1.4.5 No access to NH Route 11 will be provided from the subject parcel.

1.5. Access to Property: The Department hereby grants authorization to the Buyer, its

employees, representatives, consultants, and agents to enter the Property to

complete due diligence and for all other purposes necessary to carry out the terms

of this Agreement. All times and dates for such access shall require prior approval

by the Department, and such approval will not be unreasonably withheld.

The Department and the Buyer shall coordinate all access to the Property by third

parties working on behalf of the Buyer as part of the Buyer's due diligence.

The Buyer shall indemnify, defend, and hold harmless the Department from and

against all claims, actions, damages, or losses arising out of the Buyer's activities

under this paragraph during its inspection and subsequent tasks related thereto

which are caused solely by the Buyer's negligence. The Buyer shall require all

contractors who are retained to complete due diligence or for any other purpose

necessary to carry out the terms of this Agreement, and who will need to access

the Property, to obtain a certificate of insurance for $2 million aggregate, $1

million per occurrence naming the Department as an additional insured. The

Buyer shall also require any such contractors to execute the Buyer's standard

indemnification form naming both the Buyer and the Department as indemnified

parties. The standard indemnification form shall be as follows imless written

approval of a requested change is granted by both the Department and Buyer;

"The contractor agrees to indemnify, defend, and save

harmless the Buyer and the Department, their officials,

officers, agents, and employees from any claims and losses

accruing or resulting to any contractors, subcontractors,

suppliers, laborers and any other person, firm, or

corporation furnishing or supplying work, services,

materials or supplies in connection with the performance of

this contract, and from any claims and losses accruing or

resulting to any person, firm or corporation which may be

injured or damaged by the contractor in the performance of

this contract This indemnification shall survive the

expiration or early termination of this contract."

1.6. Closins: The Parties agree that the Closing shall occur within one hundred

eighty (180) days after final approval of the sale by the Governor and Executive

Council unless otherwise mutually agreed by the Parties.

1.7. Deed Preparation: Recording Fees: The Department shall convey the Property

by Quitclaim Deed. The Department shall prepare all deeds at its expense.

1.8. Transfer Taxes and Recordine Fees: Pursuant to the New Hampshire State Law

RSA 78-B:2, the Department is exempt from the Real Estate Transfer Tax.

1.9. Department's Disclosures: The Department makes no warranties or

representations regarding environmental contamination or sub-surface conditions

at the Property.

1.10. Casualty and Condemnation: In the event that the Property, before closing, is

damaged by fire, flood, collapse, or other casualties, the Department, or the

Buyer, at any time after the occurrence of such damage or casualty, may elect to

terminate this Agreement by written notice, in which event all other obligations of

the Parties hereunder shall cease and this Agreement shall thereupon be void and

of no further force or effect. In the event of a casualty, the Department and the

Buyer agree to hold each other harmless from any claim for any costs, damages,

liabilities, or financial losses it may incur.

2. Bnver Contingencies: The Buyer's obligation to Close on the acquisition of the Property

shall be subject to the following contingencies, the failure to satisfy any one of which shall

give the Buyer any of the options set forth below and, in addition, the right to withdraw from

this Agreement, after which the Buyer shall have no further obligation to the Department.

2.1. Title: Time being of the essence, upon execution of this Agreement by the

Parties, the Buyer may perform a title examination of the Property within fifteen

(15) days, to be reasonably satisfied that title to the Property is marketable and

insurable. If upon examination of the title it is foimd not marketable or insurable,

after identifying to the Department in writing any apparent title defects and

providing the Department reasonable opportunity to cure them, this agreement

may be rescinded at the option of the Buyer or Department and all deposits shall

be refunded to the Buyer, provided that written notice is delivered within the said

time frame, time being of the essence. If no notice is given within said time

frame, then any objections to the title are waived.

3. Representations and Warranties ofthe Buver. The Buyer hereby represents and warrants

that:

3.1 The execution and delivery of this Agreement and the performance of the Buyer's

obligations hereunder have been duly authorized by such action as necessary. This

Agreement constitutes the legal, valid, and binding agreement of the Buyer,

enforceable against the Buyer by its terms subject only to the conditions set out in

this Agreement.

3.2 Subject to the conditions set out in this Agreement, neither the execution nor

delivery by the Buyer of this Agreement, the performance by the Buyer of its

obligations in connection vvith ^e transactions contemplated hereby, nor the

fulfillment by the Buyer of the terms or conditions hereof conflicts with, violates

or results in a breach of any constitution, law, charter, ordinance or governmental

regulation applicable to the Buyer, or eonflicts with, violates or results in a breach

of any term or condition of any judgment or decree, or any agreement or

instrument, to which the Buyer is a party or by which the Buyer or any of its

properties or assets are bound, or constitutes a default there under.

3.3 Except as outlined in this Agreement, no approval, authorization, order, or

consent of, or declaration, registration, or filing with, any Governmental

Authority is required for the valid execution and delivery of this Agreement by

the Buyer, except such as have been duly obtained or made or disclosed in this

Agreement.

3.4 There is no action, suit, or proceeding, at law or in equity, or official investigation

before or by any court or Governmental Authority, pending or threatened against

the Buyer, wherein an unfavorable decision, ruling, or finding would materially

adversely affect the performance by the Buyer of its obligations hereimder or the

performance by the Buyer of its obligations under the transactions contemplated

hereby, or which, in any way, questions or may adversely materially affect the

validity or enforceability of this Agreement, or any other agreement or instrument

entered into by the Buyer in connection with the transactions contemplated

hereby.

4 Representations and Warranties of the Department. The Department hereby represents and

warrants to the best of its knowledge and belief that:

4.1 The Department has the power and authority to execute, deliver, and carry out the

terms and provisions of this Agreement and all necessary action has been taken to

authorize Ae execution, delivery, and performance of this Agreement subject to

the Department seeking and obtaining final approval by the Govemor and

Executive Council in accordance with RSA 4:39-c. This Agreement vsdll, upon

execution and delivery thereof by the Department and upon approval by the

Govemor and Executive Council, constitute valid, legal, and binding obligations

of the Department enforceable against the Department by the respective terms

thereof.

4.2 Neither the execution nor delivery by the Department of this Agreement, the

performance by the Department of their obligations in connection with the

transactions contemplated hereby, nor the fulfillment by the Department of the

terms or conditions hereof conflicts with, violates, or results in a breach of any

constitution, law or governmental regulation applicable to the Department, or

conflicts with, violates or result in a breach of any term or condition of any

judgment or decree, or any agreement or instrument, to which the Department is a

party or by which the Department or any of its properties or assets are bound, or

constitutes a default there under.

4.3 Except as outlined in this Agreement, no approval, authorization, order, or

consent of, or declaration, registration, or filing with, any Governmental

Authority is required for the valid execution and delivery of this Agreement by

the Department, except such as have been duly obtained or made.

4.4 There is no action, suit, or proceeding, at law or in equity, or ofiicial investigation

before or by any court or Governmental Authority, pending or threatened against

the Department, its principal(s), affiliate(s), or entities controlled by its

prmcipal(s), wherein an unfavorable decision, ruling or finding would materially

adversely affect the performance by the Department of their obligations hereunder

or the performance by the Department of its obligations under the transactions

contemplated hereby, or which, in any way, questions or may adversely materially

affect the validity or enforceability of this Agreement or any other agreement or

instrument entered into by the Department in connection with the transactions

contemplated hereby.

GENERAL PROVISIONS

5.1 Coooeration: The Buyer and the Department agree to cooperate with each other

to achieve the purposes of this Agreement and, in coimection therewith, to take

such further actions and to execute such further documents as may reasonably be

requested by the Department, the Buyer, or their representatives, agents, and

consultants.

5.2 Entire A ereement: Amendments. This Agreement embodies the entire

agreement and understanding between the Parties hereto relating to the subject

matter herein and supersedes all prior agreements and understandings between the

Parties. This Agreement may not be changed, modified, waived, discharged, or

terminated orally, but only by an instrument in writing signed by each of the

Parties hereto or by the Party against which enforcement is sought. Any change,

modification, or amendment, that requires the consent or approval of a

Governmental Authority, shall be effective only upon receipt of such approval.

5.3 Bindim Effect: Successors and Assienors. The terms and provisions of this

Agreement and fte respective rights and obligations of the Parties hereimder shall

be binding upon, and inure to the benefit of, &eir respective heirs, successors,

assigns, and nominees.

5.4 Headines. The headings to the sections and subsections of this Agreement have

been inserted for convenience of reference only and shall not modify, define,

limit, or expand the express provisions of this Agreement.

5.5 Exhibits. All exhibits referred to in this Agreement are hereby incorporated by

reference and expressly made a part hereof.

5.6 GovernineLaw. This Agreement shall in all respects be governed by, and

construed and enforced by, the laws of the State of New Hampshire.

5.7 EnforceabUitv. Any provision of this Agreement that is determined to be illegal

or tmenforceable by a court of competent jurisdiction, shall be ineffective to the

extent of such prohibition or unenforceability without invalidating the remaining

provisions hereof.

5.8 Consent to Jurisdiction and Venue. The Department and the Buyer submit to the

jurisdiction of the courts of the State of New Hampshire and the courts &om

which an apped from such trial venue may be taken or other relief may be sought

for purposes of any action or proceeding arising out of this Agreement or any

related agreement. All legal actions taken by the Parties shall be commenced in

Merrimack County Superior Court. Both Parties hereby waive their right to a jury

trial.

5.9 Independent Parties. The Department and the Buyer are independent parties

under this Agreement, and notliing in this Agreement shall be deemed or

construed for any purpose to establish between any of them or among them a

relationship of principal and agent, employment, partnership, joint venture, or any

other relationship other than independent parties.

5.10 Survival of Aereement. The agreements, covenants, and representations

contained herein shall stirvive the execution and delivery of this Agreement.

5.11 Waivers. Failure on tiie part of any Party to complain of any action or non-action

on the part of the other Party, no matter how long the same may continue, shall

not be deemed to be a waiver of any such Party's rights hereunder. No waiver at

any time of any provision hereof by any Party shall be construed as a waiver of

any other provision hereof or a waiver at any subsequent time of the same

provision.

5.12 No Riehts Conferred Upon Others. Except as expressly set out herein, nothing

in this Agreement shall be construed as giving any individual, corporation, limited

liability company, partnership, joint venture, association, joint stock company,

trust, unincorporated organization, or government, other than the Parties hereto,

their successors and permitted assigns, any right, remedy or claim xmder or in

respect of this Agreement or any provision hereof.

5.13 Preservation ofRiehts. Nothing herein or in any related Agreement shall limit or

be construed to limit in any way rights or remedies the Buyer may have for the

collection of real property taxes under the law unless expressly set forth herein.

5.14 Time of the Essence. The Parties agree that time is ofthe essence in the

performance of their respective obligations under this Agreement.

5.15 Good Faith and FairDealins. Unless expressly stated otherwise in this

Agreement, whenever a parly's consent or jgjproval is required under this

Agreement, or whenever a party shall have the right to give an instruction or

request another party to act or to refrain from acting under this Agreement, or

whenever a party must act or perform before another party may act or perform

under this Agreement, such consent, approval, or instruction, request, act or

performance shall be reasonably made or done, or shall not be unreasonably

withheld, delayed, or conditioned, as the case may be.

5.16 Municipal ADorovals. The execution of this Agreement does not preempt or

supersede the review process or powers of any Buyer or other governmental

Board, Committee, Commission, or Department, or excuse the parties from the

requirement to apply for and receive all necessary permits and approvals from all

applicable governmental subdivisions. Boards, Comnnttees, Commissions, or

agencies, including but not limited to the requirement that the agreement is to be

approved by the Governor and Executive Council under RSA 4:39-c before the

Department being required and/or authorized to convey the property to the Buyer.

5.17 Warranties and Representations: The Department and the Buyer each

acknowledge that they have not been influenced to enter this transaction or relied

upon any warranties or representations not specifically set forth or incorporated

into this Agreement.

5.18 Sever ability Clause: In the event that any of the terms or provisions of this

Agreement are declared invalid or unenforceable by any Court of competent

jurisdiction or any Federal or State Government Agency having jurisdiction over

the subject matter of this Agreement, the remaining terms and provisions that are

not affected thereby shall remain in full force and effect.

LIST OF EXHIBITS

EXHIBIT 1: Gilford 8-216(2) P-3792, - Sheet #10

EXHIBIT 2: Town of Gilford Tax Map 242 Lot 232

EXHIBIT 3; New Hampshire Code of Administrative Rules 503.09

EXHIBIT 4: Right-of-Way Layout Plan Checklist.

[The remainder of this page was left blank intentionally]

BUYER:

By; 3 b^iDate:

Printed: Richard Zagame

Duly Authorized

STATE OF N^W HAMPSHIRE

COUNTY OF \[Sr \tc\aO

Sign^ or attested before me on the day of 2025.o

r Peace/Notary Public

(Seal)

MY

My CommissionEjq)ires: "201 ^

SELLER:

STATE OF HAMP

By: Date: ^2^'20ZS

Printed: Eric G. Sargent

Administrator, Bureau of Right-of-Way

Duly Authorized

STATE OF NEW HAMPSHIRE

COUNTY OF MERRIMACK

Signed or attested before me on the -M- _day of ■filf\rOiLri|'. 2025.

^^LWi/vuA

Jnarieoof Peace/Notary Public (J

SHANNON M DONNELLYNotary Pubuc

State of New HarrmshireMy Commission expires

July 14, »)26

(Seal) My Commission Expires: 7y/Wj

ADDENDUM TO PURCHASE AND SALES AGREEMENT

This addendum is made a part of the Purchase and Saies Agreement for the sale of

certain real estate situated northeasterly of NH Route 11 (Lake Shore Road), and south of the

Beiknap Point Road in the Town of Gilford, executed by and between the State of New

Hampshire, PO Box 483, 7 Hazen Drive, Concord, New Hampshire 03301 as "Seller" and

Richard Zagame or designee as "Buyer", with a residential address of 113 Beiknap Point Road,

Gilford, New Hampshire 03249 (referred to collectively as "the Parties"), dated February 24'^,

2025 and forms a part hereof.

It is agreed between the Parties as follows:

1. That the Recital Section Part I., of said Agreement is to be revised to state: The

Department owns certain real estate located on the northeasterly side of NH Route 11

(Lake Shore Road) and the south side of Beiknap Point Road in the Town of Gilford,

County of Beiknap, consisting of 0.05 +/- acres as described above.

2. That the Purchase Price section 1.2., of said Agreement is to be revised to state: The

Buyer shall acquire the Property for the sum of FORTY-SIX THOUSAND AND ZERO

DOLLARS ($46,000) due at closing. The Department will also assess a $1,100

administrative fee. A sum of FIVE HUNDRED DOLLARS ($500) has been received, and

the remaining SIX HUNDRED DOLLARS ($6001 will be due at closing. The balance at

closing will be a sum of FORTY-SIX THOUSAND AND SIX HUNDRED DOLLARS

($46,600).

3. Except for the provision contained herein, the Agreement shall remain on its face fully

enforceable and otherwise deemed unmodified.

Executed by the Parties on the dates as shown below:

State of New Hampshire, Seller by:

Eric G. Sargent

Administrator

Bureau of Right of Way

BUYER:

Date: O • iH- 70ZS

Date:

Richard 2&game m

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EXHIBITS

N.H. Code Admin. R. Lan 503.09

Current through Register Vol. 42, No. 41, October 13, 2022

Section Lan 503.09 - Plats

(a) For results of a survey where a plat is prepared, the plat shall identify the tract or parcel and

contain enough information so that the boundaries of the parcel of interest can be located with

certainty in the future by a competent land surveyor.

(b) As appropriate to the purpose of the survey, a survey plat shall contain, but not be limited to,

containing the following:

(1) The municipality, date, scale, bar scale, and description or purpose of the plan;

(2) The name and address of the company or individual which prepared the plat, or both, and the

name and seal of the licensed land suiweyor;

(3) Owner of record with a mailing address, assessor's parcel number, and title reference;

(4) Meridian arrow and origin with the date of observation or reference plat;

(5) Vicinity map;

(6) Bearing and horizontal distances on all pertinent property lines;

(7) Curved boundary lines showing radius, delta, and length;

(8) On non-tangent curves, a course and distance of the long chord shall be shown;

(9) Irregular boundaries without curves, such as rivers or streams, or with curves which have no

definable geometry, shall have sufficient information to mathematically close the plat;

(10) Tie lines, when used, shall be noted that they are not property lines;

(11) All monuments set or found, including monuments with tie lines on which establislunent of

the comers of the surveyed premises are dependent;

(12) Monuments shall be deseribed as to material, and the relation of the monument to the

surveyed lines and/or comer;

(13) Lines of possession where they affect the surveyed boundaries;

(14) Abutters with title reference and assessor's parcel number;

(15) Easement and right-of-way limits, references to easements and encumbrances of record,

whether private or public and evidence of any unwritten interests observed, to the extent that

they have a physical effect on the land;

(16) Revision dates and purposes;

(17) Legend, unless symbols are clearly identified within the plat;

(18) Man-made structures pertinent to the purpose of the surveyed project;

(19) Plats and data relevant to the survey;

(20) Any record evidence of a cemetery or burial ground shall be duly noted on the plat unless

such cemetery or burial ground is located on the plat;

(21) The area of the subject tract or parcel, expressed in acres unless the area is less than 2 acres,

in which case the area may be expressed in square feet;

(22) If a boundary, easement, or right-of-way shown on the tract is an elevation, the referenced

datum shall be noted on the plat along with at least one pemianent benchmark with reference

elevation;

(23) All benchmarks shall be adequately described on topographic surveys or boundary surveys

when property lines are defined by an elevation to enable it to be recovered at a later date;

(24) A certification by the land surveyor stating the method and classification of the survey or

the precision and accuracy attained; and

(25) If coordinates of positions are shown the following shall also be included;

a. The units of reported coordinates;

b. The horizontal datum and coordinate system of the horizontal coordinates;

c. Vertical datum of the vertical coordinates; and

d. Basis of bearings.

N.H. Code Admin. R. Lan 503.09

EXHIBIT 4

RIGHT-OF-WAY LAYOUT PLAN CHECKLIST Revised 1/31/2024

PROJECT:

(Refer to Sample ROW Plans in Volume II of the Highway Design Manual. Any

variations must be approved through the NHDOT licensed land surveyor in charge

of Survey and Mapping, Bureau of Right-Of-Way)

The plans being submitted to the Registries for recording as required by RSA230:32 shall be legible and

have no obscured annotations for ail proposed and existing detail. Registry plans shall meet the

requirements of the County Registry of Deeds and the Plat Law RSA 478:1-a. Plans shall be prepared by a

NH Licensed Land Surveyor and /or staff directly supervised by the Licensed Land Surveyor.

I. RIGHT-OF-WAY FRONT SHEET

A. Location Map

1

2

3

4

5

6

7

8

Project location designated with a circle

State project number attached to circle

North arrow

Town, city, county, country & state names labeled with boundaries

Major roads, rivers, brooks, streams, lakes, etc. labeled

Railroads (RR) labeled

Leaders of location map box extend to the project location on the

State of NH outline

Graphic scale

Done

By/Date

Checked

By/Date Comments

Lavout

1

2

3

4

5

6

7

8

9

ROW Aliqnment(s) stationed every 500 feet

Road names and Route numbers

Identify intersecting highways, bridges, railroads, rivers, streams,

brooks, water course flow arrows and lakes shown

Town/City, County & State boundaries shown and labeled

"To (Town or City)" at ends of the project with destination arrows

on State Routes.

North arrow (grid)

Town/City of () - include only those Towns/Cities affected

County of 0 - include only those Counties affected

Scale (1" = XXX')

Miscellaneous

2

3

4

5

6

7

8

Plan Intent and notes relating to coordinates, property lines, and

existing layout source

Project name with Federal & State numbers

Road name and route number in sheet title

Title block completed with project number & sheet numbers

LLS Stamp and Sjgnature

Layout Hearing Notes and Signatures

Survey Certification for Recording (RSA 676:18, III)

Survey Certification for Class "U" Boundary Survey

RIGHT-OF-WAY LAYOUT PLAN CHECKLIST Revised 1/31/2024

NOTE: Symbol, Summary or Property Layout sheets are not required for registry plan sets

Right-of-Way alignments are defined as the alignments used to acquire lands and easements and the setting of the

Right-of-Way boundaries and related easements. In areas where there has not been a prior Right-of-Way

project, the construction project alignment will be used for Right-of-Way acquisitions. The Construction

alignment will also be used on highway realignment projects and shall match into the original alignment at the

beginning and end of the realignment.

II. RIGHT-OF-WAY GEOMETRIC LAYOUT SHEET

Right-of-Way geometric sheets are required to show the relationship between individual right-of- way alignments and

construction alignments. All alignments need to be tied together geometrically and referenced to the Right-of-

Way boundary. If all the geometric data can be shown on the Right-of-Way plan sheets, then the Geometric

Layout Sheet may be eliminated.

Plan1

Done

By/Date

Checked

By/Date Comments

ROW alignment(s) stationed every 500 feet

Construction alignments stationed every 500 feet with equations

tying the ROW alignment to the proposed construction alignment

Route numbers and/or names of roads

Town/city, county, country, and state boundaries shown and

labeled

Match lines (if appropriate)

North arrow (grid)

ROW alignment metes and bounds with PI coordinates and curve

data shown as delta, length, radius, tangent and include chord

bearing and distance for non-tangent curves.

ROW alignment curve control points shown and labeled (PC, PT,

etc.)

Exclude all existing and proposed detail

Exclude all property information (property lines, owner names,

parcel numbers, etc.)

Exclude all ROW information (existing and proposed ROW,

easements, etc.)

Approximate scale shown as bar scale and written

1

2

3

4

5

6

8

9

10

11

12

Miscellaneous

Sheet title border filled in completely with road/route name,

"RIGHT-OF-WAY GEOMETRIC LAYOUT SHEET", "TOWN/CITY

OF..." project number, sheet number, total sheets, and model

name (if used)

RIGHT-OF-WAY LAYOUT PLAN CHECKLIST Revised 1/31/2024

RIGHT-OF-WAY PLAN SHEET(S)

A. Miscellaneous Done

By/Date

Checked

By/Date Comments

1

2

3

4

5

North arrow (grid)

Graphic scale

Legend

Acquisition summary box

Provide match lines from sheet to sheet (e.g. Match to ROWSH05)

Sheet title border filled in completely with road/route name,

"RIGHT-OF-WAY LAYOUT PLANS", "TOWN/CITY OF..." and

"COUNTY OF...", project number, sheet number, total sheets, and

model name (if used)

B. Existing Detail

Parcel numbers and owners' name (as shown on the

12345ERT.dgn) shown on every sheet the parcel appears on

Tax map and lot number for every parcel on each sheet the parcel

appears on

Book and page and area for each parcel on every sheet the parcel

appears on (include boundary plan recorded reference if available)

ROW lines and property lines

All Right-of-Way and alignments to be defined with metes and

bounds, (coordinates must be shown at beginning and end of the

project on the mainline alignment)

ROW alignments - include 100' stationing with 50' ticks, bearing on

tangent sections, stations at PC, PT, and curve data (include delta,

radius, tangent, arc length and chord bearing and distance)

Flag existing ROW alignment at PC, PT and every 500' minimum

with station and offset

Existing ROW: label existing ROW appropriately (include source

of layout) on all cut sheets (label on inside of ROW) in the event of

CAROW include the number of points of access and the project

they were granted under

Existing ROW transition points with arrows

Existing easements with labels and notes

Town/city, county, country, and state boundaries shown and

labeled

Existing iron pins, bounds, drill holes etc. (with flags and /or survey

ties)

Fence lines and stonewalls (exclude annotation)

Geodetic disks

Streams, shorelines, brooks, and rivers with flow arrows and

names

Limits of roadway, existing edge of pavement and curb line

Additional detail may be included and will be reviewed for

readability by NHDOT.

1

2

3

4

6

7

9

10

11

12

13

14

15

16

17

RIGHT-OF-WAY LAYOUT PLAN CHECKLIST Revised 1/31/2024

D.

Dosed Detail

Done

By/Date

Checked

By/Date Comments

Summary table for each parcel shown on each sheet the parcel

appears on.

Areas of takes and permanent easements labeled individually on

plan and listed in summary box (areas less than an acre shall be in

square feet)

Areas of takes and easements completely within the parcel shall

be labelled exact. Areas abutting property lines or a meander line

(ie: brook, river, shoreline) labelled +)-

Temporary easements labelled on plan. List areas and use (ie:

drive) in summary box only.

Proposed ROW: label ROW, LAROW or CAROW on all cut sheets

(label on inside of ROW.) Flag changes in type of ROW. For

example, the transition from ROW to LAROW

Proposed bounds with boxed station and offset from ROW

alignment

Proposed easement lines with labels. Include clearing line area in

the slope easement.

Projects with proposed CAROW note under the property owner's

name the number of access points granted even if it is zero, check

the Report of the Commissioner for points of access granted, or

other agreements

All proposed ROW concentric or parallel to and referenced from

the ROW alignment at a whole foot offset (if practical)

Do not offset spiral curves. Intersect the forward and back

tangents of the simple curve with the tangent line segments.

Bounds at all PC, PT, angle points etc. Limit placement of bounds

to a maximum of 1000'. This may be changed to project control

monumentation and/or Consultant Licensed Land Surveyors

standard property monumentation in lieu of bounds.

Place bounds at intersection of proposed and existing ROW unless

the proposed ROW terminates at a property line

Where bounds cannot be set at transition points a reference bound

shall be placed and noted as such

Use stone bounds for Town and City Right-of-Way

Label all proposed and existing right-of-way lines and permanent

easements with metes and bounds. Effort shall be made to label

all lines and curves directly. The use of line and curve tables is to

be kept to a minimum and will require final approval by the

Department.

Do not include metes and bounds on temporary easements

2

3

4

5

6

8

9

10

11

12

13

14

15

The plans being submitted to the registries for recording shall be legible and have no obscured annotations for

all proposed and existing detail.

IV PLAN SETS

A. Submissions

Submit paper copies for review to the Right-of-Way Bureau and to the Registry. After receiving Right-

of-Way and Registry approval, Mylars will be produced for recording. Electronic copies of plans to be

submitted to the Department in dwg or dgn format.

A Licensed Land Surveyor shall be responsible for recording of the plans.

NEW HAMPSHIRE

HOUSING

Rob Daptce

Executive DIrector/CEO

rdapice@nhhfa.org

November 13, 2024

Adam Smith, Assistant Administrator

Bureau of Right of Way

New Hampshire Department of Transportation

JO Morton Building, Room ICQ

7 Hazen Drive

P.O. Box 483

Concord, NH 03302-0483

RE; Gilford property

Dear Mr. Smith:

DEPT. OF TRANSPORTATION

BUREAU OF RIGHT OF WAY

NOV 1 9 202^1

RECEIVED

New Hampshire Housing Finance Authority is not interested in purchasing the property located

in Gilford, described in your letter of October 14, 2024.

We would like to thank you for giving us the opportunity to review this parcel.

Sincerely,

Robert B. Da||

Executive Director/CEO

Enclosures

PO Box 5087, Manchester, NH 03108 I 603.310.9242 I NHHousing.org

K3I Outlook

Sale of State Owned Land in Gilford, S-216(2), P3792

From Scott Dunn <sdunn@gilfordnh.org>

Date Thu 10/24/2024 8:38 AM

To Allen, Emily <emily.e.allen@dot.nh.gov>

EXTERNAL: Do not open attachments or click on links unless you recognize and trust the sender.

Dear Emily,

I am writing on behalf of the Gilford Board of Selectmen In response to a letter from Adam Smith dated

October 14, 2024. as referenced above,

Please be advised the Town of Gilford has no interest in acquiring the subject property to be sold.

Thank you for providing us with an opportunity for consideration.

Regards,

Scott J. Dunn. Town Administrator

47 Cherry Valley Road

Gilford, NH 03249

603-527-4706

Approved by the Long Range Capital Planning and Utilization Committee ^ 216(2))

September 29, 2025

^ STATE OF NEW HAMPSHIRE iDPD9K-n?lINTER-DEPARTMENT COMMUNICATION >-RCP £5"^^

FROM: Eric G.Sargent

Administrator

AT: Dept. of Transportation

DATE: August 29, 2025

Bureau of Right-of-

Way

SUBJECT: Sale of State-Owned Land in Gilford

RSA 4:39-c

TO: Representative David Milz, Chairman

Long Range Capital Planning and Utilization Committee

REQUESTED ACTION

Pursuant to RSA 4:39-c, the New Hampshire Department of Transportation

(Department), requests to amend the previously approved disposal of a parcel of State-

owned land located northeasterly of NH Route 11 (Lake Shore Road) and south of the

Belknap Point Road in the Town of Gilford by reducing the total square footage from

approximately 3,350 sq ft to approximately 2,199 sq ft (LRCP 24-032, approved on

October 2, 2024). The appraisal price will be reduced from $61,400 to $46,000 to reflect

the decrease in square footage being sold. The sale will be direct to the abutting parcel

owner, Richard Zagame (Grantee). The Department will assess an administrative fee of

$ 1,100 pursuant to RSA 4:40, Ill-A. The sale will he subject to conditions as specified in

this request.

EXPLANATION

The Department received a request from Richard Zagame to acquire the State-owned

parcel for the expansion of parking to his current lot. The State-owned parcel was

acquired from The Estate of Alfred V. Lincoln by quitclaim deed as part of a larger

parcel in 1959 for $1,000, recorded December 7, 1959, in Book 401, Page 550 at the

Belknap County Registry of Deeds. The parcel was acquired for the realignment and

construction of NH Route 11, Gilford Project S-216 (2).

A recent survey of the subject parcel, conducted by a New Hampshire licensed land

surveyor determined a significant reduction in the total square footage and area. The

original appraisal valuation was based on 3,350 sq ft, approximately (0.07) +/- acres. The

subject parcel now surveyed is known to contain 2,199 sq ft., (0.05) +/- acres. A

subsequent appraisal based upon the reduced square footage provided a market value of

$46,000.

After a departmental review, it was determined that the parcel is surplus to the

Department's operational needs and available for disposal. The parcel will be sold "as is,

where is, and with all faults," with the following conditions:

• As a condition of this sale, the Grantee will be required to commission a Land

Surveyor licensed in New Hampshire, to survey and prepare a Perimeter

Boundary Line plan depicting the limits of the right-of-way, per the NH Code

of Administrative Rules 503.09, to be submitted to the Department for review

and approval. Upon approval by the Department, the Grantee is required to

(3241-10, S-216(2))

record the plan pursuant to RSA 478:1-a, in the Belknap County Registry of

Deeds, from which the Department will prepare the conveyance deed. The

Grantee will supply a full-size copy of the recorded plan and a draft

description of the surveyed parcel.

• The Grantee shall be responsible for obtaining any and all local and State

approvals, including but not limited to subdivision approval.

• The Bureau of Aeronautics does not need this property now or in the

foreseeable future tor aeronautical purposes. However, due to the proximity of

the property to Laconia Municipal Airport any proposed construction or

alteration of structures or temporary equipment on this property the proponent

will need to provide notice to the Federal Aviation Administration (FAA) via

https://ocaaa.faa.uov7oeaaayextei nal/portal.isD and no construction can be

initiated until the FAA has issued a determination letter about the proposal.

Notification to FAA is to be a minimum of 45 business days before initiating

construction. The proponent should be made aware of this federal

requirement under US Code of Federal Regulations Title 14 Part 77.9

(http:/7w\'iAV.ecrr.«it)v/cai-hiivtcxt-idx?rgn=div5&iH)de^ 14:2.0.1.2.9).

The Department is respectfully requesting authorization to sell the subject parcel at the

reduced sale price of $46,000.

In accordance with RSA 4:39-c, the Town of Gilford was solicited for interest in the parcel.

In accordance with RSA 204-D:2, the New Hamp.shire Housing Finance Authority was

solicited for interest in the parcel prior to this sale. Both entities declined interest.

The Department respectfully requests authorization to sell the parcel as outlined within this

request.

JEF/EGS/

Attachments

Approved by the Long Range Capital Planning and Utilization Committee CT-5745 -11,12)

October 2,2024

STATE OF NEW HAMPSHIRE ^

INTER-DEPARTMENT COMMUNICATION iSCr ^ 4 -U 5 t

FROM: Stephen G. LaBonte

Administrator

SUJEMTECr: Sale of State-Owned Land in GOford

RSA 4:39-c

DATE; September 13,2024

AT: Dqjt. of Transportation

Bureau of Right-of-

Way

TO: Representative Mark McConkey, Chairman

Long Range Capital Planning and Utilization Committee

REQUESTED ACTION

The New Hampshire Department of Transportation (Department), pursuant to RSA 4:39-

c, requests authorization to sell 3,350 +/- square feet (.077 acres) of State-owned land,

located northeasterly of NH Route 11 (Lake Shore Road), and south of the Belknap Point

Road in the Town of Gilford, Coimty of Belknap. The sale will be direct to the abutting

parcel owner, Richard Zagame (Grantee), in the amoimt of $61,400, plus an

administrative fee of $1,100. The sale will be subject to conditions as specified in this

request.

EXPLANATION

The Dqtartment received a request fi-oni Richard Zagame to acquire the State-owned

parcel for the expansion of paridng to his current lot. The State-owned parcel was

acquired fi-om The Estate of AlJfred V. Lincoln by quitclaim deed as part of a larger

parcel in 1959 for $1,000, recorded December 7,1959 in Book 401, Page 550 at the

Belknap County Registry of Deeds. The parcel was acquired for the realignment and

construction of NH Route 11, Gilford Project S-216 (2^

Afier a departmental review, it was determined that the parcel is surplus to the

Department's operational needs and available for disposal.

• As a condition of this sale, the Grantee will be required to oominission a Land

Surveyor licensed in New Hampshire, to survey and prepare a Perimeter

Boimdaiy Line plan depicting the limits of the right-of-way, per the NH Code

of Administrative Rules 503.09, to be submitted to the Dqrartment for review

and approval. Upon ^proval by the Department, the Grantee is required to

record the plan pursuant to RSA 478:1-a, in the Belknap County Registry of

Deeds, from which the Department will prepare the conveyance deed. The

Grantee will supply a full-size copy of the recorded plan and a draft

description of the surveyed parcel.

• The Grantee shall be responsible for obtaining any and all local and State

approvals, including but not limited to subdivision approval.

• The Bureau of Aeronautics does not need this property now or in the

foreseeable future for aeronautical purposes. However, due to the proximity of

the property to Laconia Municipal Airport any proposed construction or

alteration of structures or temporary equipment on this property the proponent

https://nhgow,sharepointcom/sit9s/OOT-Assets-Home/Sutplus Land Documem Ubrary/Gilfofd/NH Route 11/04 Legislative

Approval/Long Range Memo Richard Zagame.doc

Cr-5745 - 11,12)

will need to provide notice to the Federal Aviation Administration (FAA) via

https://oeaaa.faa.nov/ocaaa/extemal/portal.isD and no construction can be

initiated until the FAA has issued a determination letter about the proposal.

Notification to FAA is to be a minimum of 45 business days before initiating

construction. The proponent should be made aware of this federal

requirement under US Code of Federal Regulations Title 14 Part 77.9

fhttn://www.ecfi:. nov/cai-bin/text-idx?run=div5&node= 14:2.0.1.2.9).

A Staff Appraiser firom the Department evaluated the parcel and pr^ared a net

contributory value appraisal using the sales comparison approach that adheres to the

requirements of the Uniform Standards of Professional Appraisal Practice. Based on the

current conditions of the parcel, the appraiser's opinion of value as of April 29,2024, was

concluded to be $61,400.00

In accordance with RSA 4:39-c, the Town of Gilford will be solicited for interest in the

parcel. In accordance with RSA 204-0:2, the New Hampshire Housing Finance

Authority will be solicited for interest in the parcel prior to this sale.

The Department respectfully requests authorization to sell the parcel as outlined within

this request.

SGUJMP/

Attachments

htfps://nhgov.sharepoIntcomfeiles/DOT-Assets-Homs/Suiplus Land Document Ubtaiy/Gilfofd/NH Route 11/04 LeglsJative

Approval/Long Range Memo Richard Zagame.doc