Matters ▸ Attachment
FIINAL Order of Taking 299 Broadway Lot 3 (11 Temple St) 9.9.25) — File 25-1400
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CITY OF SOMERVILLE
IN THE CITY COUNCIL: September ___. 2025
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, including but not limited to
municipal parking.
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 a municipal purpose, including but not
limited to municipal parking and affordable housing 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 portion of the parcel of land at 299 Broadway, Somerville,
Middlesex County, MA 02143, as shown on City of Somerville Assessors’ Map 70-D-27,
said portion also shown as “Proposed Lot 3” containing 5,028 s.f (0.115 acres) on a plan
entitled Subdivision Plan of Land, Mark Development, LLC,” prepared by Control Point
Associates, Inc. and recorded in the Middlesex South Registry of Deeds as Plan 363 of
2025. Said Lot 3 will be known as 11 Temple Street upon completion of the
development.
OWNER: The presumed owner of the parcel is 299 BROADWAY PROPERTY
OWNER LLC, a Massachusetts domestic limited liability company with a principal place
of business of 101 Station Drive, Suite 250, Westwood, MA 02090.
AWARD OF DAMAGES: $500,000.
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TITLE REFERENCES: Said Lot 3 being a portion of the property conveyed to
299 Broadway Property Owner LLC by Quitclaim Deed dated September 18, 2023,
recorded with the Registry in Book 82094, Page 63 and filed for registration with the
Middlesex South Registry District of the Land Court as Document No. 1945745. See also
order of deregistration recorded with the Registry in Book 82861, Page 450. See also
Plan 363 of 2025 recorded in the Middlesex South Registry of Deeds.
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.
______________________________
Lance L. Davis, President
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this _____ day of _________, 2025, before me, the undersigned Notary Public,
personally appeared the above-named Lance Davis, 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:
7470275.1