Matters ▸ Attachment
217 Somerville Order of Taking — File 209159
CITY OF SOMERVILLE
IN THE CITY COUNCIL: ____________
ORDER OF TAKING
WHEREAS, the City Council of the City of Somerville, acting on behalf and in the
name of the City of Somerville, hereby declare that the public necessity and convenience require
the property described below and any and all property rights therein, to be taken by Eminent
Domain for a public purpose, namely for municipal open space purposes.
WHEREAS, all preliminary requirements prescribed by law having been met as required
under Massachusetts General Laws c. 79, §1;
NOW THEREFORE, BE IT ORDERED that the City of Somerville, acting
pursuant to the applicable provisions of Massachusetts General Laws, Chapter 79, as amended,
and any and every power and authority to it, granted or implied, hereby takes for itself in FEE
SIMPLE by eminent domain for municipal open space purposes, the following property,
together with any and all easements and appurtenant rights, including trees, buildings, and other
structures standing upon or affixed thereto and including the interests of the owner, if any, in all
public and private streets, highways, and public and private ways within or adjacent to the
property taken. Excepting from the rights herein taken are any and all easements for wires,
pipes, conduits, poles and other appurtenances for the conveyance of water, sewerage, gas, oil,
steam, electricity and telephone communication and other utilities now lawfully in or upon the
property taken.
PROPERTY: A parcel of land at 217 Somerville Avenue, Somerville, Middlesex
County, MA 02143 containing 6,585 s.f., more or less, as shown on City of Somerville
Assessors’ Map 81-C-13.
OWNER: The presumed owner is AMLEG, LLC, a Massachusetts Limited Liability
Company, with a business address of 18 Stults Road, Belmont, MA 02478.
AWARD OF DAMAGES: $1,317,000
TITLE REFERENCE: Deed dated May 4, 2018, recorded with the Middlesex South
District Registry of Deeds in Book 71146, Page 432.
AND FURTHER ORDERED that, in accordance with the provisions of Massachusetts
General Laws, Chapter 79, Section 6, as amended, awards are made by the City for damages
sustained by the owner or owners of the property and all other persons, including all mortgagees
of record, having any and all interest in the property taken and entitled to any damages by reason
of the taking hereby made. Such awards shall include taxes legally owed pursuant to M.G.L. c.
79, §12 and any interest accruing between the date of taking and the date of payment. The City
reserves the right to amend the awards at any time prior to payment for good cause shown.
AND FURTHER ORDERED that the City shall cause this Order of Taking to be
recorded with the Middlesex South Registry of Deeds in Cambridge, MA, and shall notify the
Treasurer and Collector of Taxes in the City of Somerville of the taking in accordance with
M.G.L. c. 79, §7F.
________________________________
Katjana Ballantyne, President
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this _____ day of _________, 2019, before me, the undersigned Notary Public, personally
appeared the above-named Katjana Ballantyne, as President of the City of Somerville City
Council, and proved to me by my own knowledge of the identity of the signatory to be the
person whose name is signed above, and acknowledged the foregoing to be signed by her
voluntarily in such capacity for its stated purpose.
________________________________
Notary Public
My Commission Expires: