Matters ▸ Attachment
31 Tufts Order of Taking — File 210068
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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.
WHEREAS, on February 10, 2014, Joseph A. Curtatone, Mayor of the City of Somerville
entered onto the property and made an open, peaceable and unopposed entry thereon in
exercise of the City’s right of reverter for condition broken; and
WHEREAS, although the time for exercise of such reverter had lapsed under G.L. c.
184A, §7, such entry and revesting of title in the City was acknowledged and assented to
by the Owner; and
WHEREAS, the City now desires, by this Order of Taking, to clear the title of any
perceived defect;
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 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.
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PROPERTY: A parcel of land now numbered 31 Tufts Street, Somerville, Middlesex
County, MA 02143, which is a portion of a parcel of land formerly numbered 163 Glen
Street, Somerville, containing 13,225 s.f., more or less, as shown on City of Somerville
Assessors’ Map 93-A-13.
OWNER: The presumed owner is American Legion East Somerville Post 388, Inc. a
charitable organization.
AWARD OF DAMAGES: $0
TITLE REFERENCE: Certificate of Entry dated February 18, 2014, recorded with the
Middlesex South Registry of Deeds in Book 63755, Page 89. See also Deed dated
February 21, 1974, recorded with the Middlesex South District Registry of Deeds in
Book 12593, Page 286.
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.
______________________________
Matthew McLaughlin, President
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this _____ day of _________, 2020, before me, the undersigned Notary Public,
personally appeared the above-named Matthew McLaughlin, 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 Expire