December 19, 2005
To the Honorable, the City Council:
I am transmitting herewith to the City Council a proposed Order of Taking to acquire the land known as 688 Huron Avenue, Cambridge, MA., along with a surface easement of a sliver parcel at 700 Huron Avenue (together, the "Property"). I am recommending this taking to acquire the Property for municipal purposes, including but not limited to, the creation of a West Cambridge Youth and Community Center, and for all purposes and uses accessory thereto.
The proposed Order of Taking references a plan entitled: "HURON AVENUE TAKING PLAN IN CAMBRIDGE, MA", scale 1" = 30', dated December 14, 2005, prepared by: City of Cambridge Department of Public Works, 147 Hampshire Street, Cambridge, Massachusetts ("Plan"). This Plan depicts two Parcels—T-1 and T-2—which comprise the Property. A copy of the plan has been delivered to the City Clerk and will be available for reference by the City Council during the meeting and available for review by members of the public through the City Clerk’s office.
As noted in the proposed Order of Taking, I am recommending an award of damages for Parcel T-1 in the amount of Two Million, Nine Hundred and Five Thousand ($2,905,000.00) Dollars, and an award for Parcel T-2 in the amount of Twelve Thousand ($12,000.00) Dollars. These recommended awards are based upon the appraisal provided by Robert P. Reardon, CAE, MRA as indicated on the summary page of his appraisal which is attached to this transmittal.
The City Council appropriated the necessary funds for this recommended Order of Taking when it adopted a loan order on May 23, 2005 approving the appropriation of $6,000,000 "…for the purpose of acquiring a parcel or parcels of land and buildings thereon as a site for the West Cambridge Youth and Community Center…."
I recommend adopting of the attached proposed Order of Taking.
Very truly yours,
Robert W. Healy
City Manager Agenda Item 27 Dec 19, 2005
WHEREAS: By Section 30 of Chapter 43, Section 14 of Chapter 40, and Chapter 79 of the General Laws, all as amended, it is provided that the Cambridge City Council may take in the name of the City for any municipal purpose any land within the limits of the City not already appropriated for public use; and
WHEREAS: The City Manager of Cambridge and City Council, in order to provide a place for recreation and education for the youth of the City, and other municipal purposes, have approved and authorized that the City should under the provisions of the aforesaid Chapter of the General Laws take and hold for the creation of a West Cambridge Youth and Community Center the parcels of land hereinafter bounded and described and any buildings and trees thereon; and
WHEREAS: An appropriation duly made by the City Council on May 23, 2005, is sufficient to cover the estimated expense of acquisition as required by the aforesaid Sections of Chapters 40 and 43; now therefore be it
ORDERED: That by virtue of and in pursuance of the authority conferred by said Chapters of the General Laws and by every other power and authority it thereto enabling, the City of Cambridge by its City Council does hereby take the land hereinafter described, and all privileges and appurtenances thereto belonging as well as all trees and all structures thereon, excepting any easement of record shown on the plan hereinafter referenced and recorded herewith, for municipal purposes, including, but not limited to, the creation of a West Cambridge Youth and Community Center and for all purposes and uses accessory thereto.
Parcel T-1
Intending to take and hereby taking Parcel T-1 on the Plan in fee simple, excepting any easement of record shown on the plan recorded herewith, included within such description by whomsoever the same may be owned, vis:A certain parcel of land situated on Huron Avenue in the City of Cambridge, County of Middlesex, Commonwealth of Massachusetts, more particularly described as follows:
Beginning at a point on the southerly line of Huron Avenue (a public way); thence
S 56°47'52" E a distance of fifty-two and sixty-eight hundredths feet (52.68') by the southerly line of Huron Avenue to a corner; thence
S 62°56'57" E a distance of forty and thirty-two hundredths feet (40.32') by the southerly line of Huron Avenue to a corner; thence
S 47°08'29" W a distance of two hundred thirty and seventy hundredths feet (230.70') by land of Fresh Pond Place Condominiums to a corner; thence
N 47°45'00" W a distance of one hundred thirty-one and sixty-three hundredths feet (131.63') by land of Huron Towers Company to a corner: thence
N 02°09'06" E a distance of fifty feet (50.00') by land of Huron Towers Company to a corner; thence
N 70°26'08" E a distance of one hundred ninety-six feet (196.00') by land of Huron Towers Company to the point of beginning.
Parcel T-2
Intending to take and hereby taking a permanent, exclusive, surface easement on Parcel T-2 on the Plan, excepting any easement of record shown on the plan recorded herewith, included within such description by whomsoever the same may be owned, vis:A certain parcel of land situated on Huron Avenue in the City of Cambridge, County of Middlesex, Commonwealth of Massachusetts, more particularly described as follows:
Beginning in the Southerly line of Huron Avenue (a public way); thence
S 48°36'58" E a distance of eleven and seventy-two hundredths feet (11.72') by the southerly line of Huron Avenue to a corner; thence
S 70°26'08" W a distance of one hundred eleven feet (111.00') by land of Mt. Auburn Post, Veterans of Foreign Wars, Inc. to a corner; thence
N 68°05'23" E a distance of seventy-two and fifty-eight hundredths feet (72.58') by land of Huron Towers Company to a corner; thence
N 57°56'01" E a distance of thirty-three and fifty nine hundredths feet (33.59') by land of Huron Towers Company to a corner; which is the point of beginning, having an area of 354 square feet.
The above described Parcel T-1 contains an area of twenty-eight thousand five hundred ninety-one plus or minus square feet (28,591 ± sq. ft.), and is more particularly shown as Parcel T-1 on a plan recorded herewith and entitled: "HURON AVENUE TAKING PLAN IN CAMBRIDGE, MA", scale 1" = 30', dated December 14, 2005, prepared by: City of Cambridge Department of Public Works, 147 Hampshire Street, Cambridge, Massachusetts ("Plan"). The above described Parcel T-2 contains an area of three hundred fifty-four plus or minus square feet (354 ± sq. ft.), and is more particularly shown as Parcel T-2 on the Plan. The land constituting Parcel T-1 is shown as Lot A on Land Court Plan #15307D and Lot B1 on Land Court Plan #15307D.
For title to Parcel T-1 see Middlesex South Registry of Deeds Land Registration Book 442, Page, 577 and Book 444, Page 309. For title to Parcel T-2 see Middlesex South Registry of Deeds Book 11821, Page 356.
The damage awarded with respect to Parcel T-1 is Two Million Nine Hundred Five Thousand ($2,905,000.00) Dollars and the supposed owner is Mt. Auburn Post, Veterans of Foreign Wars, Inc. The damage awarded with respect to Parcel T-2 is Twelve Thousand ($12,000.00) Dollars and the supposed owner is Huron Towers Company.
ORDERED: The taking of fee simple title in land for Parcel T-1, and the taking of a permanent, exclusive, surface easement for Parcel T-2, excepting any easement of record shown on the Plan recorded herewith, along with all buildings and trees thereon herein described is hereby authorized in accordance with General Laws, Chapter 40, Section 13, Chapter 43, Section 30 and Chapter 79, all as amended for municipal purposes, including, but not limited to, the creation of a West Cambridge Youth and Community Center and for all uses accessory thereto.
Said land is described above.
Parcel T-1 contains 28,591 ± sq. ft. and the fair market value of said parcel has been appraised at Two Million Nine Hundred Five Thousand ($2,905,000.00 ) Dollars. Parcel T-2 contains 354 ± sq. ft. and the fair market value of said parcel has been appraised at Twelve Thousand ($12,000.00) Dollars.