20.052 Rocky HIll Road Order of Taking
ORDER OF TAKING
The undersigned, being the duly elected and sitting members of the City Council of the City of
Northampton, in the Commonwealth of Massachusetts, acting under the authority of and in
accordance with the provisions of General Laws of the Commonwealth, as from time to time
amended, and more particularly Chapter 79, and pursuant to the Order of the Northampton City
Council, a true copy of which is attached hereto as Exhibit A, does hereby take a perpetual
easement on, over, and under the parcel referenced below for and on behalf of the Inhabitants of
the City of Northampton. The purpose of the taking hereunder is to enter the parcel on foot and
with equipment to inspect, construct, repair, and replace drainage structures and elements, and
generally to perform drainage improvements to avoid erosion of Rocky Hill Road (Route 66).
The easement hereby taken is on, over and under that certain parcel on the north side of Rocky
Hill Road shown as “Lot 29 – Non Building Lot for Culvert Maintenance” on a plan of land
entitled “Definitive Subdivision Plan Prepared for The Community Builders, Inc.,” dated
December 16, 2002, revised May 19, 2003 and May 21, 2003, and recorded in the Hampshire
Registry of Deeds in Plan Book 196, Page 70. The parcel taken hereunder is more particularly
bounded and described as set forth on Exhibit B, attached hereto.
The City awards nominal damages to the fee holders of Lot 29 as set forth in Exhibit C, attached
hereto, inasmuch as the site sufficiently threatens the highway to qualify for a FEMA Hazard
Mitigation Grant, and the City, through the FEMA grant, will be performing drainage
improvements that will significantly limit the landowners’ liability for potential damage to the
highway. Nothing herein shall be deemed to otherwise relieve the fee holders of Lot 29 from
their obligation to maintain and repair drainage structures thereon so as to protect the integrity of
the highway.
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IN WITNESS WHEREOF, We, the City Council of the City of Northampton, have executed this
Order of Taking this _____ day of May, 2020.
WITNESS TO ALL:
CITY COUNCIL, CITY OF NORTHAMPTON, MA
___________________________________ ___________________________________
Gina-Louise Sciarra William H. Dwight
AT-LARGE COUNCILOR AT-LARGE COUNCILOR
___________________________________ ___________________________________
Michael Quinlan, Jr. Karen Foster
WARD 1 COUNCILOR WARD 2 COUNCILOR
___________________________________ ___________________________________
James Nash John Thorpe
WARD 3 COUNCILOR WARD 4 COUNCILOR
___________________________________ ___________________________________
Alex Jarrett Marianne L. LaBarge
WARD 5 COUNCILOR WARD 6 COUNCILOR
____________________________________
Rachel Maiore
WARD 7 COUNCILOR
CERTIFICATE OF THE CLERK
CITY COUNCIL, CITY OF NORTHAMPTON, MA
I, Laura Krutzler, the Clerk of the City Council of the City of Northampton, MA, hereby certify that
the attached Order of Taking of certain easements located in Northampton, Hampshire County,
Massachusetts, was executed on May____, 2020, by Gina-Louise Sciarra, William H. Dwight,
Michael Quinlan, Jr., Karen Foster, James Nash, John Thorpe, Alex Jarrett, Marianne L. LaBarge,
and Rachel Maoire, who as of that day, were and are the duly elected members of the City Council of
the City of Northampton, MA.
Signed this _____ day of May, 2020.
______________________________________
Laura Krutzler
Clerk to City Council
City of Northampton, Massachusetts
EXHIBIT A
CITY COUNCIL ORDER
EXHIBIT B
LEGAL DESCRIPTION
EXHIBIT C
TITLEHOLDERS AND LIENHOLDERS