Matters ▸ Attachment
Prospect Place Easement NSTAR — File 25-1074
After recording return to:
City of Somerville
Law Department
93 Highland Avenue
Somerville, MA 02143
ATT: Catherine A. Lester Salchert, Esq.
.
GRANT OF EASEMENT
THIS GRANT OF EASEMENT (this “Easement”) is made this ____day of July 2025 by
the CITY OF SOMERVILLE, a body corporate and politic and a political subdivision of the
Commonwealth of Massachusetts with a usual address of 93 Highland Avenue, Somerville,
Massachusetts 02143 (hereinafter called the “Grantor”), and NSTAR ELECTRIC COMPANY
d/b/a EVERSOURCE ENERGY, a Massachusetts corporation having a principal place of
business at 247 Station Drive, Westwood, Massachusetts 02090, together with its successors and
assigns (hereinafter called the “Grantee”).
“WHEREAS, Grantor is the owner of certain property (the “Premises”) located at Prospect
Place, Somerville, Massachusetts, which property was conveyed to Grantor by Layout No. 6464
Order of Taking dated February 26, 1981, recorded with South Middlesex Registry of Deeds (the
“Registry”) in Book 14224, Page 180 and shown as 11-3-C Part of Prospect Street, as described
in Exhibit A, “Legal Description, attached hereto and incorporated herein.
WHEREAS, Grantee has constructed certain conduits and facilities on and within the
entirety of the Premises identified as Parcel 11-C-3, also known as Prospect Place, Somerville,
Massachusetts (the “Easement Area”), in each case on the easement plan entitled “LOT
CONSOLIDATION PLAN, 51 PROSPECT STREET, SOMERVILLE, MA”, dated June 11, 2021
prepared by Feldman Land Surveyors, recorded with the Middlesex South Registry of Deeds as
Plan 723 of 2021, a copy which is attached hereto and incorporated herein as Exhibit B- (the
“Easement Plan”).
WHEREAS, said the Facilities installed are as shown on plans prepared by Eversource for
Station 402 and documented as 402-6115 Permit Additions, reviewed and approved the
Engineering Division of the City of Somerville, MA.
WHEREAS this Easement is also subject to the certain Decision of the Planning Board of
the City of Somerville, Case Number P&Z 21-181, Dated June 6, 2023 recorded with the
Middlesex South Registry of Deed in Book 81708, Page 212 on June 28, 2023, and subsequently
amended by Decision P&Z 21-141 recorded in Book 82340, Page 294 on June 28, 2023 to
incorporate said Lot Plan referenced above (“Planning Board Approvals”).
WHEREAS, pursuant to this Easement, Grantor wishes to grant to Grantee an easement in
underneath the entirety of the Premises defined herein as the Easement Area for the installation
and maintenance of the Equipment (as defined below), all as more particularly set forth below.
WHEREAS, The Somerville City Council approved this Agreement by a vote taken on a
duly authorized meeting held on July , 2025 recorded herewith and incorporated herein. A copy
of the Vote is also attached hereto as Exhibit D.
NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and the City
agree as follows:
AGREEMENT
1.
Grantor grants to Grantee a non-exclusive permanent easement for the under Parcel
11-C-3 and also designated as Prospect Place (the “Easement Area”) for the installation,
maintenance, operation particularly described as the right, from time to time and within the
Easement Area, to install, construct, reconstruct, alter, extend, operate, inspect, maintain, repair,
replace and remove electric lines, transformers and related equipment to be installed in conduits,
manholes and other spaces at and below grade within the Easement Area (such equipment
hereinafter collectively referred to as “Equipment”.
2.
All Equipment shall be installed by Grantee in conformance with Grantee’s
“Information & Requirements for Electric Service,” as issued by Grantee from time to time. All
of the Equipment will be installed and maintained by Grantee.
3.
All work undertaken by or on behalf of Grantee under this Easement shall be done
in a good and workmanlike manner by competent personnel or contractors, in conformity with all
applicable permits, licenses, ordinances, laws and regulations, including without limitation the
USEPA Letter, and free from any liens for labor or materials. Grantee shall be responsible for
obtaining all applicable permits, approvals, licenses prior to commencing work within the
Easement Area.
4.
Subject to the terms and conditions set forth herein, Grantee shall have the right,
upon at least thirty (30) days’ written notice to Grantor (except in the case of an emergency, when
such telephonic notice as may be practicable shall be provided), to make such excavations through
the surface of the Easement Area as may be reasonable and necessary to exercise the rights set
forth in Section 1 above; provided, however, that such excavations shall be conducted in such a
manner as to cause minimal disruption to the Premises and Grantor’s use and enjoyment thereof.
Upon completion of any such work or excavation, Grantee shall, at its own cost and expense,
restore the Easement Area to the condition that existed prior to such work or excavation; provided,
(i) paved areas shall be restored in-kind with asphalt or concrete (consistent with such material
used in such paved areas prior to such work or excavation) and (ii) unpaved areas (if any) shall be
filled to grade with clean fill; and landscaping or screening (if any) shall be restored in accordance
with the Planning Board Approvals referenced above. To the extent Grantee performs any
restoration or other work in the Easement Area, Grantee shall proceed promptly to perform all
such work in a good and commercially reasonable manner in accordance with all applicable laws,
regulations and codes.
5.
In the conduct of all work, neither party shall unreasonably interfere with the
business, operations or access of the other party, its employees, invitees or contractors, or any other
person having an interest in the Easement Area.
6.
Grantee shall, at its sole cost and expense, following any work undertaken by
Grantee within the Easement Area resulting in changes to the Equipment installed in the Premises
as of the date hereof, Grantee shall prepare and submit to Grantor for review and approval an “as
built” plan of any and all Equipment in recordable form. Upon approval of such plan, which shall
reflect the locations and dimensions of the Equipment within the then-existing Easement Area, the
parties shall execute and record an amendment to this instrument, fixing the location of the
easements granted hereunder to the locations and dimensions shown on such plan; provided, that
Grantee shall have the right of access over such portions of the remainder of the Premises as are
contemplated by, and subject to the terms and conditions in, this Easement.
7.
Grantee shall maintain with respect to the Premises, its Equipment and the conduct
of the Grantee’s activities at the Premises, at all times that this Easement remains in effect,
insurance coverages of the same amounts and types as are maintained from time to time by Grantee
generally for similar operations in the metropolitan Boston area. Grantor and Grantee agree that
the insurance in the amount and types as set forth on Exhibit C attached hereto and made a part
hereof are sufficient as of the date of execution of this Agreement. The provisions of this Section
7shall survive the termination or expiration of this Easement.
8.
Grantee shall have the right to connect the Equipment with its facilities located or
which may be placed within adjoining public and private streets and ways and adjoining parcels
of real property.
9.
Grantee shall indemnify, defend and hold harmless each of Grantor, any holder of
a mortgage lien against the Premises, or any successor or assign thereof, and their respective
consultants, contractors, agents, and invitees, and each of their respective partners, affiliates,
managers, members, officers, directors, and employees (collectively the “Grantor Parties”), from
and against any claim, cost, loss or liability incurred by any of the Grantor Parties, for physical
damage or injury to the extent arising out of the exercise of Grantee’s rights under this Easement,
or from the negligence or willful misconduct of the Grantee, its employees, agents and/or
contractors. Nothing herein shall be construed to impose on the Grantee any liability for indirect,
consequential, punitive or other special damages. The foregoing indemnity shall expressly not
apply to any and all liability of any nature to the extent arising out of the mere existence of
Hazardous Substances (as defined below) on, at, in or migrating to or from the Easement Area,
existing therein prior to the date hereof, if and to the extent that such liability is not expanded or
exacerbated by Grantee or the exercise of its rights hereunder. The provisions of this Section 9
shall survive the termination or expiration of this Easement.
10.
Grantee shall maintain in full force and effect with respect to the Premises, at all
times for so long as this Easement remains in effect, at Grantee’s sole cost and expense, insurance
in the amount and types as set forth on Exhibit C attached hereto and made a part hereof.
11.
Grantor may request that Grantee relocate any of the Equipment installed by the
Grantee to another location in the Easement Area reasonably acceptable to the Grantee. Such
relocation shall be at the sole cost and expense of Grantor to the extent it requests such relocation.
12.
Grantor and its successors, assignees, and licensees shall have the right to (i) use
the Premises and Easement Area, and the right to grant to others (including the general public) the
right to use the Premises and the Easement Area, for all purposes that do not unreasonably interfere
with the rights granted to the Grantee hereby; (ii) change the grade of the Premises and/or the
Easement Area; and (iii) grant easements or similar such agreements or instruments with respect
to the Premises and/or the Easement Area in its sole discretion provided that the same do not
unreasonably interfere with the rights granted to the Grantee hereby. Without limitation, Grantor
reserves the right, from time to time, to grant licenses or easements or other rights over, within,
under, on or through the Premises and the Easement Area to the providers of gas, telephone,
electric, cable, fiber optic and other similar services (each, a “Utility Provider”) to construct,
install, access, operate, repair, replace, maintain, and remove utility facilities such as, but not
limited to, water, gas, electric, telephone, cable, and fiber optic lines, including, without limitation,
piping and related equipment (referred to herein as the “Utility Work”) upon the terms and
conditions determined by Grantor, provided that: (a) the granting of such licenses or other rights
will not unreasonably interfere with the Grantee’s rights hereunder; (b) the Utility Work shall be
performed at no cost to Grantee; and (c) the Utility Work shall conform to the requirements of
applicable law and the Utility Provider(s).
13.
All Equipment installed within the Easement Area pursuant to this Easement shall
remain the property of the Grantee and the Grantee shall pay all taxes assessed thereon.
14.
This Easement is executed pursuant to, and shall be subject to, the Grantee’s Terms
and Conditions of Service, as filed with and approved by the Massachusetts Department of Public
Utilities from time to time.
15.
Grantee shall, and shall cause all parties performing any work on Grantee’s behalf
to, (i) not use, maintain, store, release, spill, discharge, or dispose any Hazardous Substances at,
in, on, or under the Premises, and not use, maintain, or store any fuel or fuel storage tanks at, in,
on, or under the Premises, other than amounts of Hazardous Substances or fuel ordinarily and
customarily used in connection with the lawful construction, maintenance and operation of
improvements like those located in the Easement Area, to the extent used for the purpose of such
construction, maintenance and operation, in accordance with all legal requirements relating to
Hazardous Substances, and (ii) at all times comply with any and all applicable laws and other legal
requirements relating to Hazardous Substances. To the extent that, because of or in connection
with any of the activities of the Grantee, or its representatives, agents, contractors, consultants, or
employees performing activities on Grantee’s behalf, a release, spill, or discharge of any
Hazardous Substances occurs at, on, in, under, or about the Premises, Grantee shall immediately
notify Grantor upon learning of such release, spill, or discharge, and Grantee will promptly
perform the response actions necessary to respond to such release, spill, or discharge, including
any reporting, investigation, remediation, monitoring, or other response action, and shall
reasonably cooperate with and coordinate with Grantor’s LSP, so as to be responsible at its sole
cost and expense to achieve MCP closure and a Permanent Solution (as defined in the MCP)
concerning such release, spill or discharge unless otherwise expressly approved in writing by
Grantor, in accordance with all applicable laws, including without limitation all Environmental
Laws and the USEPA Letter, all at Grantee’s sole cost and expense.
16.
For purposes of this Easement, (x) “Hazardous Substances” shall mean all
substances now or in the future defined as “hazardous substances,” “hazardous materials,”
“hazardous wastes,” “petroleum,” “oil,” “pollutant,” or “toxic pollutant,” pursuant to any
Environmental Laws, and (y) “Environmental Laws” shall mean the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq., the
Toxic Substances Control Act of 1976, 15 U.S.C. Sections 2601 et seq., the Resource Conservation
and Recovery Act, 42 U.S.C. Sections 6901 et seq., the Massachusetts Oil and Hazardous
Materials Release, Prevention and Response Act, M.G.L. Chapter 21E, the MCP, and any other
federal, state or local acts, statutes, laws, ordinances or by-laws now or hereafter in effect, and any
rules or regulations adopted thereunder, pertaining to Hazardous Substances, health,
environmental conditions or the protection or regulation of the environment. Grantee’s
responsibilities contained herein shall expressly not apply to any and all liability of any nature to
the extent arising out of the mere existence of Hazardous Substances on, at, in or migrating to or
from the Easement Area or Premises, existing thereon prior to the date hereof, if and to the extent
that such liability is not expanded or exacerbated by Grantee or the exercise of its rights hereunder.
The provisions of this Section 17 shall survive the termination or expiration of this Easement.
17.
This Easement shall terminate automatically upon cessation of the Permitted Use.
Notwithstanding anything to the contrary herein contained, if Grantee defaults in any of its
obligations under this Easement, and if Grantee fails to cure such default within thirty (30) days
after written notice from Grantor, Grantor shall have the right, upon written notice to Grantee, to
terminate this Easement and all rights of Grantee hereunder. Grantor’s rights of termination shall
be in addition to any other rights and remedies which Grantor may have against Grantee, both at
law and in equity. Grantor shall be permitted to file a Notice of Termination of Easement with the
Registry upon the expiration or earlier termination of this Easement and the same shall be
conclusive evidence of such expiration or termination.
18.
Grantee acknowledges and agrees that any exercise of rights hereunder by Grantee
shall be subject to compliance with terms and provisions of any current or future AUL respecting
handling of soil and other materials.
[Signature pages follow]
EXECUTED as an instrument under seal as of the date first set forth above.
GRANTOR:
CITY OF SOMERVILLE, MASSACHUSETTS
By: ______________________________
Name: Katjana Ballantyne
Title: Mayor
Approved as to Form:
By: ______________________________
Name: Cynthia Amara
Title: City Solicitor
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF MIDDLESEX
On this ____ day of _______________, _________, before me, the undersigned notary public,
personally appeared ____________________________________, proved to me through
satisfactory evidence of identification, which was ______________________, to be the person
whose name is signed on the preceding document, and acknowledged to me that s/he signed it
voluntarily for its stated purpose, as an officer of _________________.
_____________________________________
Notary Public
My Commission Expires:__________________
GRANTEE:
NSTAR ELECTRIC COMPANY,
a Massachusetts corporation
By: ______________________________
Name:
Title:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF _______________
On this ____ day of _______________, _________, before me, the undersigned notary public,
personally appeared ____________________________________, proved to me through
satisfactory evidence of identification, which was ______________________, to be the person
whose name is signed on the preceding document, and acknowledged to me that s/he signed it
voluntarily for its stated purpose, as her free act and deed in such capacity.
_____________________________________
Notary Public
My Commission Expires:__________________
Exhibit A
Easement Description
[See attached]
EXHIBIT A
A certain parcel of land located in the City of Somerville, Middlesex County, Commonwealth of
Massachusetts; located on the westerly side of Prospect Street, shown as Parcel 11-3-C on a plan
entitled “LOT CONSOLIDATION PLAN – 51 PROSPECT STREET – SOMERVILLE,
MASS.” By Feldman Land Surveyors, dated June 11, 2021, recorded at the Middlesex County
Registry of Deeds Southern District as Plan No. 723 of 2021, and being more particularly
bounded and described as follows:
Beginning at a point on the westerly side of Prospect Street a distance of 72.84 feet from the
corner of land now or formerly of Scott Jefferson Thomas and land now or formerly of NStar
Electric Company, thence;
N 59°54'22" W
a distance of 45.05 feet by land now or formerly of NStar Electric
Company, thence;
S 27°27'58" W
a distance of 20.02 by land now or formerly of NStar Electric Company,
thence;
S 59°54'22" E
a distance of 45.05 feet by land now or formerly of NStar Electric
Company to the westerly side of Prospect Street, thence;
N 27°27'58" E
a distance of 20.02 feet by the westerly side of Prospect Street to the point
of beginning.
Parcel 11-3-C contains an area of 901 Square Feet more or less.
Being the same Parcel 11-3-C taken by the Commonwealth of Massachusetts acting by and
through its Department of Public Works by Order of Taking February 11, 1981, recorded in Deed
Book 14224 Page 180.
Exhibit B
Easement Plan
[See attached]
EAST\189924134.11
Exhibit C
Insurance
Grantee shall obtain or cause to be obtained, and shall maintain or cause to be maintained, at all
times during term of this Easement or for a greater period, insurance as specified below. Unless
otherwise expressly defined herein or in the Easement, capitalized terms set forth in this section
are terms of art, as used in and understood in the insurance industry.
1.0
Commercial General Liability
1.
Limits of Liability Per Project: $1,000,000 Per Occurrence / $2,000,000 Aggregate
2.
ISO Form CG 00 01 04 13 unendorsed or equivalent
3.
Grantor and indemnified parties to be Additional Insured – Form ISO CG 20 10 10 01 or
Equivalent
4.
Grantor and indemnified parties to be Additional Insured – Completed Ops Form ISO CG
20 37 10 01 or Equivalent, for any soil borings or site work
5.
Carrier must have a minimum AM Best rating of A- VII
6.
Coverage must be primary and non-contributory to Grantor and indemnified parties
7.
Named insured cross liability and severability of interest
8.
Contractual liability coverage must be included
9.
Waiver of Subrogation in favor of Grantor and indemnified parties
10.
No exclusions for explosion, collapse or underground
11.
30-Day advance written notice to the Grantor in the event of cancellation
2.0
Commercial Auto Policy
Required only if performing duties on site.
1.
Limits of Liability: Combined Single Limit of $1,000,000 per Occurrence
2.
Carrier must have a minimum AM Best rating of A- VII
3.
Coverage for any Owned, Hired, Non-Owned and Leased Vehicles
4.
Grantor and indemnified parties to be Additional Insured
5.
Waiver of Subrogation in favor of Grantor and indemnified parties
6.
Coverage must be primary and non-contributory to Grantor and indemnified parties
7.
30-Day advance written notice to the Grantor in the event of cancellation
3.0
Umbrella Liability
Such insurance shall provide coverage with limits of not less than outlined below based
on service, in excess of the underlying coverages listed in Sections 1.0 and 2.0 above and
4.0 (1.b.) below.
1.
$5,000,000 per Occurrence / $5,000,000 Aggregate
2.
Carrier must have a minimum AM Best rating of A- VII
3.
Grantor to be named included as additional insured or follow-form equivalent
4.
Waiver of Subrogation in favor of Grantor and indemnified parties
5.
Coverage must be primary and non-contributory to Grantor and indemnified parties
6.
30-Day advance written notice to the Grantor in the event of cancellation
Continued on next page
Exhibit C Page 2
4.0
Workers’ Compensation and Employer’s Liability
Required only if employees are performing duties on site.
1.
Required for all services
a.
Coverage “A” - Statutory requirements in the State in which the Property is
located, to include all areas involved in operations covered under this Easement
b.
Coverage “B” - Employer’s Liability, not less than $1,000,000 limit
2.
Carrier must have a minimum AM Best rating of A- VII
3.
Waiver of Subrogation in favor of Grantor and indemnified parties
4.
30-Day advance written notice to the Grantor in the event of cancellation
5.
Except to the extent required by the laws of the Commonwealth of Massachusetts,
Grantee may meet portions of its obligations under this Agreement to maintain liability
insurance as stated and submit evidence of such self-insurance at the time it submits
evidence of its insurance provided by commercial insurance, which self-insurance shall
respond as though insurance coverage were provided by a third-party insurer.
Exhibit D
Certified Vote of City Council Approval
[See attached]