20.052 Fully-executed Order of TakingORDER OF TAKING
The undersigned, being the duly elected and sittintir members of the City Council of the City of
Northampton, in the Commonwealth of -'Massachusetts. actin�il 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'ofthe Inhabitants of
the City of Northampton. The purpose of tile taki11" hereunder is to cater the parcel on foot and
with equipment to inspect, construct, repair, and replace drainage structures and elements, and
+generally to perfonn 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
1-1111 Road shown as "Lot 29 — Non 131.1ildim, 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 Vfay 2I, 2003, and recorded in the I fampsh ire
Registly 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.
Tile City awards nominal dama__es to the lee holders of* t cat 10 as set fit+lh lain i--Xhih�j c����
hereto, inatinluch as the site sufficiently threatens the highway to qualify for a FEMA I lazard
Mitigation Grant, and the City. through the FENIA _rant, will be performing drainage
improvements that will 5ignifictlntly limit the landowner;5 !lability fur potential damage to the
highway. Nothing herein shall be deemed to otherwise relieve the fee holders of Lot 29 from
their obli(Tation to maintain and repair drainage structures thereon so as to protect the integrity of
the hi+-Olway.
[Tl IF REMAINDER OF TI IIS PAGE IS INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, We, the City Council of the City of Northampton, have executed this
Order of Taking this Ai day of May, 2 02 0.
WITNESS TO ALL:
CITY COUNCIL. CITY OF NORTHAMPTON
r,
ina-Louise Sciarra
AT -LARGE COUNCILOR
Michael *CUN
, r.
WARD C 1.
Ja - asli
1V RD 3 COUNCILOR
Alex Jarrett ----
WARD 5 COUNCILOR
Rachel Maiore
WARD 7 COUNCILOR
MA
William II. Dwight
AT -LARGE COUNCILOR
Kar n Foster
WARD 2 COUNCILOR
/2 ,-1 1— -
John T otl
WA COUNCILOR
mot'
Wlar anne L. LaBare
WARD 6 COUNCILOR
CERTIFICATE OF TI iE CLERK
CITY COUNCIL, CITY OF NORTHAMPTON, PVIA
I. Laura Knttzler, the Clerk of the City Council of the City of Northampton, ,NIA, hereby certify that
Elie altached Order of Taking of certain casements located in Northampton, I ianipshire County,
Massacltttsetts. %V,1S executed on hlay_.Zl_. 2020. by Gina -Louise Sciarra, William 1-1. Dwight,
Michael Quinlan, Jr., Karen Foster, .lames Nasli, .lohn Thorpc. Alex .larrett, Marianne L. LaBarge,
and Rachel Pvlaoire, a ho as of that day, were and are the duly elected members of the City Council of
the City ol'Northampton, NIA.
Signed this .��_ da}' ol',Nlay. 2020.
Laura Krutzler
Clerk to City C OLHIC11
City of Northampton, Mastiachugetts
EXHIBIT A
CITY COUNCIL ORDER
City of Northampton
MASSACHUSETTS
In City Council, May 21, 2020
Upon the recommendation of Mayor David J. Narkewicz and Office of Planning and Sustainability
20.052 AN ORDER AUTHORIZING ACQUISITION OF EASEMENTS FOR DRAINAGE IMPROVEMENTS
ON ROCKY HILL ROAD (ROUTE 66}
WHEREAS, Rocky Hill Road (Rte. 66) east of the intersection of Ice Pond Drive needs significant drainage
improvements; and
WHEREAS, the locus sufficiently threatens the highway to qualify for a FEMA Hazard Mitigation Grant,
WHEREAS, the City has been short-listed for the FEMA Grant to fund such drainage improvements; and
WHEREAS, in order to be eligible for such Grant and in order to perform such drainage improvements,
the City must acquire an easement over certain property 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 reco-rded in t e Ramps ire Registry of Deeds in Plan Book 19b, age ; an
WHEREAS, Lot 29 is owned in fractional shares by 20 of the lot owners in the Ice Pond Subdivision and
by the original developer, TCB Hospital Hill, LLC; and
WHEREAS, by securing the FEMA grant and performing drainage improvements, the City is undertaking
improvements that will significantly limit the landowners' liability for potential damage to the highway.
NOW, THEREFORE BE IT ORDERED,
The City Council hereby authorizes the acquisition by purchase, gift, eminent domain, or otherwise of
easements over that parcel of land 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, for the purpose of drainage improvements on Rocky Hill Road (Rte.
66). No appropriation is needed for this acquisition. Nothing herein shall be deemed to otherwise
relieve the fee holders of Lot 29 or other responsible parties from their obligation to maintain and repair
drainage structures thereon so as to protect the integrity of the highway.
411110��
In City Council, Slay 21, 2020
Passed First heading on Roll Call Vote of 8 Yes, 0 No, 1 Absent (Councilor LaBarge)
Attest: �+, . , Clerk of Council
Ur
In City Council, May 21, 2020
Passed Second Reading on Roll Call Vote of9 Yes, 0 No, 1 Absent (Councilor LaBarge)
Attest: t _ , Clerk of Council
Approved: David J. Narkewicz, Mayor
Rules suspended, passed two readings and enrolled.
hereby certify that the above Order passed the Northampton City Council on May 21, 2020
David J. Narkcwicz, Mayor approved the Order on May 22, 2020
Attest: �it[a�a L-'— �fL, , Clerk or Council
EXHIBIT B
LEGAL DESCRIPTION
EXHIBIT C
TITLEHOLDERS AND LIE\HOLDERS