Order of Taking — File 195138

CITY OF SOMERVILLE IN THE BOARD OF ALDERMEN:________________ ORDER OF TAKING WHEREAS, the Board of Aldermen 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 properties described below and any and all property rights therein, to be taken by Eminent Domain for a public purpose, namely for public park purposes; WHEREAS, all preliminary requirements prescribed by law having been met as required under Massachusetts General Laws, c. 79, s. 1; WHEREAS, the Board of Aldermen adopted an Order of Taking dated February 11, 2010 referencing recorded land only; WHEREAS, the property is recorded and registered land; and WHEREAS, this Order of Taking seeks to include reference to registered land and confirm title ownership in the name of the City of Somerville; NOW THEREFORE, BE IT ORDERED that the City of Somerville, acting pursuant to the provisions of G.L. Chapter 79 and all other power and authority to it granted or implied, hereby takes for itself in FEE SIMPLE by eminent domain for parkland purposes, the following property, including all trees upon such property, but excepting from the rights herein taken are any rights of Algonquin Gas Transmission, LLC in and to the property: PROPERTY: a parcel of land consisting of 1,780 s.f., more or less, with the buildings thereon located at 34 Skilton Avenue (also listed as 0 Skilton Avenue), Somerville, Middlesex County, MA, shown on City of Somerville Assessors’ Maps as Parcel 061-D-004. Recorded Land: Deed recorded with Middlesex South District Registry of Deeds in Book 48729 at Page 174. See also Order of Taking recorded with Middlesex South District Registry of Deeds in Book 54372, Page 61. Registered Land: Document No. 1493932 with Middlesex South Registry District of the Land Court Certificate of Title No. 238459 and shown on a plan filed in the Land Registration Office, a copy of a portion of which is filed in the Registry of Deeds for the South Registry District of Middlesex County in Registration Book 353, Page 485, with Certificate 56243, (Plan No. 19102A). LEGAL DESCRIPTION: A parcel of land situated in Somerville in the County of Middlesex, Massachusetts bounded and described as follows:

Northeasterly by Skilton Avenue, one hundred thirty-six and 87/100 feet; Southeasterly by land now or formerly of William F. McCormack, twenty- seven and 12/100 feet; Southwesterly by land now or formerly of the Boston and Maine Railroad, one hundred forty and 15/100 feet; and Northwesterly by land now or formerly of E.F. Kemp Inc., two and 66/100 feet. All of said boundaries are determined by the Land Court to be located as shown on a plan, as modified and approved by the Land Court, filed in the Land Registration Office, a copy of a portion of which is filed in the Registry of Deeds for the South Registry District of Middlesex County in Registration Book 353, Page 485, with Certificate 56243, (Plan No. 19102A). So much of the above described land as by implication of law is included within the limits of Skilton Avenue is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use the whole of said Skilton Avenue, as shown on said plan, in common with others lawfully entitled thereto. OWNER: the presumed owner is Goodpitch, LLC, 236 Pearl Street, Somerville, MA 02145. AWARD OF DAMAGES: $108,000.00 (previously awarded pursuant to Order of Taking dated February 11, 2010, no additional damages awarded herein). The City shall cause this Instrument of Taking to be recorded in the Middlesex South District Registry of Deeds and filed with the Middlesex South Registry District of the Land Court. ___________________________ ____________________ President