20.041 An Order to Authorize Acceptance of Easements from MassDOT for Damon Road Reconstruction - CertifiedCity of Northampton
MASSACHUSETTS
In City Council, April 16, 2020
Upon the recommendation of the Mayor and the Department of Public Works
20.041 An Order to Authorize Acceptance of Easements from MassDOT for Damon Road
Reconstruction
Ordered, that
WHEREAS, Damon Road and Bridge Road are public ways in and for the city of
Northampton; and,
WHEREAS, Damon Road and Bridge Road are in need of reconstruction, and the city, in
conjunction with the Massachusetts Department of Transportation (“MassDOT”),
is undertaking the reconstruction and widening of the ways, including drainage
improvements and slope stabilization, from Bridge Street (Route 9) to the easterly
section of Bridge Road west of King Street (Routes 5 and 10) (“the Project”); and,
WHEREAS, the reconstruction of Damon Road from Route 9 to Route 5 is currently
programmed on the 2020 Pioneer Valley Region Transportation Improvement
Program (TIP) at a total cost of $10,043,653, with $8,034,922 in federal
transportation funds reserved to fund the project with the City of Northampton
responsible for the costs of right-of-way acquisition and any water and sewer
utility improvements; and
WHEREAS in order to proceed with the Project, the city needs to acquire i) permanent fee
interests, ii) permanent easements, iii) permanent utility easements; and iv)
temporary construction easements (“the Land Acquisitions”); and
WHEREAS, the Project and the Land Acquisitions are shown on a plan entitled “Alteration
Plan of Damon Road and Bridge Road Prepared for the City of Northampton,”
(“Plan”) dated February 28, 2019, and signed and sealed by Jeffrey P. Bradford,
PLS, dated April 12, 2019; and
WHEREAS, on May 16, 2019, the Northampton City Council passed on second reading
authorization to acquire all parcels needed to be acquired for the Project with the
exception of the railroad land owned and controlled by the MassDOT, which the
city cannot acquire absent agreement of MassDOT; and
WHEREAS, MassDOT has agreed to transfer an easement to the city for nominal consideration
on the terms and conditions set forth in an instrument entitled “Easement
Agreement;” and
WHEREAS, the City Council must approve the acquisition in order to accept the easement
from MassDOT.
NOW, THEREFORE, BE IT ORDERED
That the City Council authorizes the acquisition by purchase, gift, eminent domain, or otherwise,
of three (3) permanent easements and one (1) temporary construction easement for the purposes
of widening and reconstructing Damon Road, as shown on the Plan and on the terms and
conditions set forth in the proposed Easement Agreement. No appropriation is needed for this
acquisition because the easement is to be conveyed for nominal consideration.
20.041
In City Council, April 16, 2020
Passed First Reading on Roll Call Vote of 9 Yes, 0 No, 0 Absent
Attest: __________________________________________________, Clerk of Council
In City Council, April 16, 2020
Passed Second Reading on Roll Call Vote of 9 Yes, 0 No, 0 Absent
Attest: ___________________________________________________, Clerk of Council
Approved: David J. Narkewicz, Mayor
Rules suspended, passed two readings and enrolled.
I hereby certify that the above Order passed the Northampton City Council on April 16, 2020
David J. Narkewicz, Mayor approved the Order on April 19, 2020
Attest: ___________________________________________________, Clerk of Council