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21.297 Fully-executed Order of Taking for Damon Road Sewer PipesProperty Address: Damon Road Northampton, 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 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, in fee simple absolute, for and on behalf of the Inhabitants of the City of Northampton fixtures, equipment and appurtenances shown on the sketch plan ("the Plan") entitled Damon Road Sewer Force Main Proposed Takings, attached hereto as Exhibit B, as follows: I. The River Run Condominium Trust Sewer Force Main —420 LF, beginning at a point shown on the Plan as "Existing gravity sewer connection" and extending in a northeasterly direction to the point shown on the Plan as "New sewer manhole and appurtenances to be installed." The line taken hereunder is owned by River Run Condominium Trust. As damages for this taking, the city awards One Dollar (S 1.00) to River Run Condominium Trust. For title to the property taken, see Hampshire Registry of Deeds, Book 2797, Page 195. 2. The Easthampton Mahadev, LLC Sewer Force Main —490 LF, beginning at a point shown on the Plan as "Existing gravity sewer connection" and extending in a northeasterly direction to the point shown on the Plan as "Existing sewer manhole and appurtenances." The line taken hereunder is owned by Easthampton Mahadev LLC. As damages for this taking, the city awards One Dollar (S 1.00) to Easthampton Mahadev LLC. For title to the sewer lines taken, see Hampshire Registry of Deeds Book 11538, Page 146. The purpose for the takings is to own and control the sewer lines within the layout of Damon Road, a public way. The city shall be solely responsible for all maintenance and repair of the sewer lines taken hereunder. [SIGNATURE PAGES FOLLOW] IN WITNESS WHEREOF, We, the City Council of the City of Northampton, have executed this Order of Taking this R'" day of �L , 2021. UIIalmlkIffl:�" CITY COUNCIL, CITY OF NORTHAMPTON, MA ce '- ) 1e-P Gina -Louise Sciarra WiIIiam If Dwig AT -LARGE COUNCILOR AT -LARGE COUNCILOR Z�) zf �_ZI40 A 4�� Michael Quinla , r. Kar n Foster WARD I COX NCILOR WARD 2 COUNCILOR James Nash WARD 3 COUNCILOR Alex Jarre WARD S COUNCILOR Rachel Maiore WARD 7 COUNCILOR John Thorpe WARD 4 COUNCILOR Marianne 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 easements located in Northampton, Hampshire County, Massachusetts, was executed onW , 2021, 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 A' sr day of —3ukc , 2021. 262 Laura Krutzler 47 Clerk to City Council City of Northampton, Massachusetts EXHIBIT A CITY COUNCIL ORDER City of Northampton MASSACHUSETTS In City Council, June 17, 2021 Upon the recommendation of the Mayor and the Department of Public Works 21.297 An Order to Authorize Damon Road Sewer Rine Taking Ordered, that WHEREAS, Damon Road and Bridge Road are public ways in and for the city of Northampton; and, WHEREAS, the city, in conjunction with the Massachusetts Department of Transportation, is undertaking the reconstruction of Damon Road and Bridge Road, including drainage and utility improvements and slope stabilization, from the Norwottuck Rail Trail crossing to the easterly section of Bridge Road west of King Street (Routes 5 and 10) ("the Project"); and, WHEREAS, within the Iayout of Damon Road are two privately -owned pressure sewer force mains that are approximately 50 years old and are near the end of their expected design life. The lines are scheduled to be replaced in conjunction with the Project; and WHEREAS in order to proceed with the replacement of the sewer lines, the city must acquire title to the sewer lines and appurtenances; and WHEREAS, the sewer lines are shown on the sketch plan ("the Plan") entitled Damon Road Sewer Force Main Proposed Takings, dated June 10, 2021 as "River Run Condominium Trust Sewer Force Main —420 LF" and "Easthampton Mahadev LLC Sewer Force Main, - 490 LF"; and WHEREAS, no appropriation is required as the damages awarded for the taking authorized herein is nominal. NOW, THEREFORE, BE 1T ORDERED That the City Council authorizes the acquisition by purchase, gift, eminent domain, or otherwise, permanent fee interests, in fee simple absolute, for and on behalf of the Inhabitants of the City of Northampton of the sewer lines, including pipes, fixtures, equipment and appurtenances shown on the Plan as "River Run Condominium Trust Sewer Force Main —420 LF" and "Easthampton Mahadev LLC Sewer Force Main, —490 LF." As damages for this taking, the City Council awards One Dollar ($1.00) to River Run Condominium Trust and One Dollar ($1.00) to Easthampton Mahadev LLC. 21.297 In City Council, June 17, 2021 Passed First Reading on Roll Call Vote of 9 Yes, 0 No, 0 Absent Attest: AVV, , Clerk of Council In City Council, June 17, 2021 Passed Second Reading on Roll Call Vole of 9 Yes, 0 No, 0 Absent Attest: tsa , � Clerk of Council Approved: David J. Norkewiez, Nlayor Rules suspended, passed two readings and enrolled. I hereby certify that the above Order passed the Northampton City Council on June 17, 2021 David J. Narkewicz, Mayor approved the Order on June 18, 202I Attest [urea , Clerk of Council F EXHIBIT B City of Northampton Absolute Scale Public Works Damon Road Sewer Force 1:750 Main Proposed Takings June 10, 2021