Loading...
21.286 Fully-executed Order of Taking for Parcel on Easterly Side of Mill RiverProperty Address: Easterly Side of the Mill River and Westerly Side of the Mass Central Rail Trail Off Florence Street, Leeds, MA 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 Massachusetts General Laws Chapter 79, and pursuant to the Order of the Northampton City Council, a true copy of which is attached hereto, does hereby take the parcel referenced below, with any and all improvements thereon, in fee absolute for and on behalf of the Inhabitants of the City of Northampton. The parcel taken hereunder shall be in the custody and control of the Northampton Conservation Commission for the purposes of conservation, recreation, and open space subject to the provisions of Article 97 of the Massachusetts Constitution and in accordance with the Massachusetts Community Preservation Act, Massachusetts General Laws, Chapter 4413. The parcel hereby taken is shown as "Locus 05-072-01" on a plan entitled "PLAN OF LAND IN NORTHAMPTON, MA, HAMPSHIRE REGISTRY, PREPARED FOR THE CITY OF NORTHAMPTON," dated May 7, 2021, and recorded in the Hampshire Registry of Deeds in Plan Book 249, Page 82. The property hereby taken is supposed to be owned by the Heirs of August R. Tyrrell. See deeds recorded in the Hampshire Registry of Deeds in Book 305, Page 57. In accordance with M.G.L. Chapter 79 §6, as amended, an award of Two Thousand Four Hundred dollars ($2,400.00) dollars is made by the City of Northampton for damages sustained by the owner or owners and all other persons, including all mortgagees of record, having any and all interest in the Property and entitled to any damages by reason of the taking. The City of Northampton reserves the right to amend the award at any time prior to payment for good cause shown. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, We, the City Council of the City of Northampton, have executed this Order of Taking this /S`'`day of June, 2021. WITNESS TO ALL: CITY COUNCIL, CITY OF NORTHAMPTON, MA Gina -Louise Sciarra AT -LARGE COUNCILOR Michael Q Klan, Jr. WARD 1 COUNCILOR James Nash WAARRD3 COUNCILOR Alex Jarres WARD 5 COUNCILOR Rachel Maiore WARD 7 COUNCILOR C94 /_/�_ William H. D ' t AT -LARGE COUNCILOR /t" <z��- Karen Foster WARD 2 COUNCILOR John Thorpe WARD 4 COUNCILOR Ma hanne L. LaBarge WARD 6 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 parcel of land located in Northampton, Hampshire County, Massachusetts, was executed on ISrx June, 2021, by Gina -Louise Sciarra, William H. Dwight, Michael Quinlan, Jr., Karen Foster, James Nash, John Thorpe, AIex 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 a1Sr day of June, 2021. a U Laura Krutzler Clerk to City Council City of Northampton, Massachusetts City of Northampton MASSACHUSETfS In City Council June 3 2021 Upon the recommendation of Mayor David J. Narkewicz and the Office of Planning and Sustainability 21.286 AN ORDER AUTHORIZING ACQUISITION OF A PARCEL OF LAND ON THE EASTERLY SIDE OF THE MILL RIVER AND THE WESTERLY SIDE OF THE MASS CENTRAL RAIL TRAIL IN LEEDS WHEREAS, the parcel subject to this Order is located on the westerly side of the MassCentral Rail Trail and the easterly side of the Mill River in Leeds and is shown on a plan of land shown as "Locus 05-072-01" on a plan entitled "PLAN OF LAND IN NORTHAMPTON, MA, HAMPSHIRE REGISTRY, PREPARED FOR THE CITY OF NORTHAMPTON," dated May 7, 2021, and recorded in the Hampshire Registry of Deeds in Plan Book 249, Page 82. ("the Parcel"); and WHEREAS, the Open Space, Recreation, and Multiuse Trail Plan (2018-2025) calls for increased open space along the Mill River; and WHEREAS, there has been strong support from Leeds community meetings and from the Leeds Civic Association to add the property of the Heirs of August R. Tyrrell to the Mill River Greenway, with the Leeds Civic Association agreeing to hold the required Conservation Restriction on the property and provide long term assistance cleaning up debris on the property ; and WHEREAS, the City's on -going CPA -funded study of informal swimming areas on the Mill and the Connecticut River shows support for this project. NOW, THEREFORE BE IT ORDERED, The City Council hereby authorizes the acquisition by purchase, gift, eminent domain, or otherwise of the Parcel believed to be owned by the Heirs of August R. Tyrrell shown as "Locus 05-072-01" on a plan entitled "PLAN OF LAND IN NORTHAMPTON, MA, HAMPSHIRE REGISTRY, PREPARED FOR THE CITY OF NORTHAMPTON," dated May 7, 2021, and recorded in the Hampshire Registry of Deeds in Plan Book 249, Page 82, for the purposes of conservation, recreation, and open space subject to the provisions of Article 97 of the Massachusetts Constitution and in accordance with the Massachusetts Community Preservation Act, Massachusetts General Laws, Chapter 44B. The Parcel shall be in the care, custody and control of the Northampton Conservation Commission. As damages for the taking, the City Council hereby awards Two Thousand Four Hundred Dollars ($2,400.00). 21.286 In City Council, June 7, 2021 Passed First Reading on Roll Call Vote of 9 Yes, 0 No, 0 Absent Attest: , Clerk or Council In City Council, June 17, 2021 Passed Second Reading on Roll Call Vote of 9 Yes, 0 No, 0 Absent Attest• , Clerk of Council Approved: David J. Norkewicz, Mayor Passed two readings and enrolled. hereby cerliry that the above Order passed the Northampton City Council on June 17, 2021 David J. Narkewicz, Mayor approved the Order on June 18, 2021 Attest• - - Y , Clerk of Council