HomeMy Public PortalAbout2020-01-28 Morse St. Easement KP LAW 101 Arch Street,Boston,MA 02110
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January 23, 2020 Katharine Lord Klein
kklein@k-plaw.com
BY HAND
Mr. Michael J. Driscoll
Town Manager
Watertown Administration Building
149 Main Street
Watertown, MA 02472
Re: Amending and Superseding Grant of Easements—Morse Street
Dear Mr. Driscoll:
I
I am writing to you regarding the proposed exchange of easements between LaCourt
Affordable Trust LLC (the"Developer") and the Town of Watertown relative to properties located
off Morse Street, owned by the Developer and the Town. The Developer is constructing a
residential project adjacent to the property owned by the Town, in accordance with a Special Permit
from the Watertown Zoning Board of Appeals (Case#ZBA-2019-18-SPF). I enclose herewith the
following documents:
1. Amending and Superseding Grant of Easements; and
2. Town Council Order.
The Developer will execute the Grant of Easements conveying easements to the Town for:
(1) access for drainage on the Town property; (2)pedestrian passage to Casey Memorial Park; (3)
bicycle passage to Casey Memorial Park; and(4) access for vehicles parking at the Town property.
The Town is granting the Developer the right for visitors to the Developer's project to park on the
Town property, on a first come, first served basis. The Developer and the Town each have
responsibility to maintain their own property. The Director of Community Development&Planning
and the Town Planner have reviewed the enclosed documents, approve them, and support the
submission by the Developer.
Town Council approval of the Amending and Superseding Grant of Easements between the
Developer and the Town, and authorizing you to execute the Grant of Easements is required. I
recommend approval by the Town Council of the Order authorizing the exchange of easements and
enabling you to execute the Grant of Easements on behalf of the Town.
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KP Law,P.C. I Boston Hyannis Lenox Northampton Worcester
K P LAW
Mr. Michael J. Driscoll
Town Manager
January 23, 2020
Page 2
Please contact Mark Reich or me with any questions regarding this matter.
Very truly yours,
Katharine Lord Klein
KLK/j sh
Enc.
cc: Director of Community Development&Planning
708571/WATR/0018
Town Council
TOWN OF WATERTOWN
ADMINISTRATION BUILDING-WATERTOWN,MA 02472-4410
(617)972-6470-FAX(617)972-6485
ORDER# 0-2020-
An Order Accepting a Grant of Easements for Access for Drainage,Pedestrian
and Bicycle Use and Parking and Conveying an Easement to Allow Parking on
Town Property Located at Morse Street and Authorizing the Town Manager to
Execute an Amending and Superseding Grant of Easements
WHEREAS, LaCourt Affordable Trust LLC (the "Grantor") is the owner of property
at 101-103 Morse Street, described in a deed recorded with the Middlesex South
Registry of Deeds in Book 72555, Page 600 (the"Grantor Parcel"), shown as Lot 1
on a plan entitled"Easement Plan for 101-103 Morse Street in Watertown, MA" (the
"Plan"), which property is adjacent to certain Town-owned property, shown as Lot 2
on the Plan(the "Town Parcel"); and
WHEREAS, Casey Memorial Park is located northerly of the Town Parcel; and
WHEREAS,the Grantor, pursuant to Special Permit ZBA-2019-18-SPF, intends to
develop a project containing 37 units of residential housing; and
WHEREAS, in connection with the Grantor's development of the Grantor Parcel,
Grantor has agreed to grant to the Town easements for access to operate and maintain
drainage on the Grantor Parcel and the Town Parcel; a pedestrian access easement to
Casey Memorial Park; a bicycle access easement to Casey Memorial Park and an
easement for vehicular parking at the Town Parcel; and
WHEREAS,the Town has agreed to convey to the Grantor an easement for visitors
to the residential development on the Grantor Parcel to ark on the Town Parcel.
P p
NOW THEREFORE BE IT ORDERED,that the Town Council of the City known
as the Town of Watertown hereby accepts the easements from the Grantor and
conveys an easement for parking to the Grantor, on the terms and conditions as set
forth in the Amending and Superseding Grant of Easements;
AND BE IT FURTHER ORDERED, that the Town Council hereby authorizes the
Town Manager to execute the Amending and Superseding Grant of Easements on
behalf of the Town.
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Council Member
I hereby certify that at a regular meeting of the Town Council for which a quorum
was present,the above Order was adopted by a vote of_for,_against and
present on January , 2020.
Marilyn Pronovost, Council Clerk Mark S. Sideris, Council President
AMENDING AND SUPERSEDING GRANT OF EASEMENTS
This AMENDING AND SUPERSEDING GRANT OF EASEMENTS ("Grant") is
entered into as of the day of , 2020,by and between LACOURT
AFFORDABLE TRUST LLC, a Massachusetts limited liability company ("Grantor"), having a
mailing address of 30 College Avenue, Somerville, Massachusetts 02472, and the CITY
KNOWN AS THE TOWN OF WATERTOWN, a Massachusetts municipal association
("Town"),having its usual place of business at 149 Main Street, Watertown, Massachusetts
02144.
WHEREAS, by deed dated February 5, 2001, recorded with the Middlesex South
Registry of Deeds in Book 32332, Page 124,Rolling Stone Trust conveyed to Morse Street,
LLC, a certain parcel of land, with a street address of 101-103 Morse Street, Watertown, shown
as "Lot 1" on a plan entitled"Easement Plan for 101-103 Morse Street in Watertown, MA,"
dated November 6, 2002, revised through November 12, 2002,prepared by Ron Natoli, P.L.S.
("Lot I") (the"Easement Plan"), a copy of which is attached hereto as Exhibit A;
WHEREAS,the Town owns a parcel of land, shown as "Lot 2" on the Easement Plan
(the "Town Parcel"), approximately 3,000 square feet of Lot 2 being part of an unimproved or
"paper street" extension of Capitol Street, as shown on Town Assessor's Map Section 1, Blocks
16, 17 and 18;
WHEREAS,pursuant to Watertown Resolution#67 (R-2002-67) ("Resolution#67"),
Morse Street, LLC and the Town entered into an Access and Parking Cross-Easement
Agreement, dated March 17, 2004, recorded with the Middlesex South Registry of Deeds in
Book 42615, Page 495 (the"Original Easement");
WHEREAS, Grantor is the current owner of Lot 1, by deed dated May 3, 2019, recorded
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with the Middlesex South Registry of Deeds in Book 72555, Page 600 (the"Grantor Parcel");
WHEREAS, Grantor intends to develop a project containing 37 units of residential
housing (the"Residential Development") in accordance with Special Permit ZBA-2019-18 SPF
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(the "Special Permit");
WHEREAS, the Town and Grantor have agreed to amend the Original Easement by this
Grant, and this Grant shall supersede the Original Easement;
WHEREAS, sometime in the mid-191h century, bodies of water formerly known as
Boyd's Pond in the City it of Newton and Cook's Pond in the Town of Watertown were filled in,
covered over and re-routed into an underground drain system that traverses the Grantor Parcel
and the Town Parcel (the "Drainage Infrastructure"), which Drainage Infrastructure has two
manholes for service and maintenance, one each located on the Grantor Parcel and the Town
Parcel;
WHEREAS,the Town has no improved vehicular access for its Public Works
Department to service the drainage manhole located on the Grantor Parcel or the Town Parcel,
which situation the parties wish to eliminate;
WHEREAS, Casey Memorial Park is located northerly of the Grantor Parcel and the
Town Parcel, and access thereto may be gained by members of the public across the Grantor
Parcel and the Town Parcel;
WHEREAS, the Town and the Grantor desire to grant each other cross easements to
include: (1) an easement in and over the Grantor Parcel to the Town for the right to access and
maintain the drainage infrastructure located on the Grantor Parcel and to access the Town Parcel;
(2) an easement in and over the Grantor Parcel to the Town, and the public, for pedestrian traffic
to and from Casey Memorial Park, on a pathway to be installed on the Grantor Parcel and the
Town Parcel by the Grantor; (3) an easement in and over the Grantor Parcel to the Town, and the
public, for bicycle traffic to and from Casey Memorial Park; (4) an easement in and over the
Grantor Parcel to the Town, and the public, for vehicular traffic, to and from the Town Parcel,
for the purpose of parking; (5) an easement in and over the Town Parcel in favor of visitors to
the Residential Property for the parking of vehicles; and (6) an easement in and over the Town
Parcel in favor of tenants and residents of and visitors to the Residential Property for vehicular
passage.
NOW, THEREFORE, intending to be legally bound, the Town and the Grantor for
themselves, and their respective successors and assigns, hereby declare and grant the following
covenants and easements, on the terms and conditions set forth herein.
1. Drainage Easement from Grantor to the Town. Grantor hereby grants to the
Town, in gross, subject to the terms hereof, the perpetual non-exclusive right and easement (the
<<
Drainage Easement"), to access, use, operate, inspect, maintain, repair, replace and relocate the
Drainage Infrastructure located on the Grantor Parcel, and to access the Drainage Infrastructure
located on the Town Parcel (the "Drainage Easement Premises"), by foot and vehicle, including
heavy equipment. The Drainage Easement shall continue, in perpetuity, and shall not terminate
at such time as the grantor Parcel is no longer used for the purposes as set forth in the Special
Permit.
2. Pedestrian Passaize Easement from Grantor to the Town and the Public. Grantor
hereby grants to the Town and to the public, in gross, subject to the terms hereof, the perpetual
non-exclusive right and easement (the "Pedestrian Passage Easement"), in common with the
Grantor, and all tenants and residents of and visitors to the Residential Property, to use the
Grantor Parcel for pedestrian passage purposes, as well as motorized vehicles for use by disabled
persons, to Casey Memorial Park ("Pedestrian Passage Easement Premises"). The Pedestrian
Passage Easement Premises shall not be deemed to include a right to park motorized or non-
motorized transportation devices. The Town shall, further, have the perpetual non-exclusive
right and easement, within the Pedestrian Passage Easement Premises, to use, operate, inspect,
maintain, repair and replace the Pedestrian Passage Easement Premises. The Grantor may
terminate the Pedestrian Passage Easement at such time as the Grantor Parcel is no longer used
for the purposes as set forth in the Special Permit.
3. Bicycle Passaize Easement from Grantor to the Town and the Public. Grantor
hereby grants to the Town and to the public, in gross, subject to the terms hereof, the perpetual
non-exclusive right and easement (the `Bicycle Passaize Easement"), in common with the
Grantor, and all tenants and residents of and visitors to the Residential Property, to use the
Grantor Parcel for bicycle passage to access and egress the Town Parcel, to reach Casey
Memorial Park (the "Bicycle Passage Easement Premises"). The Grantor may terminate the
Bicycle Passage Easement at such time as the Grantor Parcel is no longer used for the purposes
as set forth in the Special Permit.
4. Parking Access Easement from Grantor to the Town and the Public,. Grantor
hereby grants to the Town and to the public, in gross, subject to the terms hereof, the perpetual
non-exclusive right and easement (the "Parking Access Easement"), in common with the
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Grantor, and visitors to the Residential Property, to use the Grantor Parcel (the "Parking Access
Easement Premises," together with the Drainage Easement Premises, the Pedestrian Passage
Easement and the Bicycle Passage Easement Premises, the "Easement Premises") for vehicles to
access and egress the Town Parcel for the purpose of parking. The Grantor may terminate the
Parking Access Easement at such time as the Grantor Parcel is no longer used for the purposes as
set forth in the Special Permit.
5. Parking Easement from the Town to the Grantor. The Town hereby grants to the
Grantor, and visitors to, but not to include tenants, residents and occupants of, the Residential
Property, subject to the terms hereof, the perpetual non-exclusive right and easement (the
"Parking Easement"), in common with the Town and the public, to use the Town Parcel (the
"Parking Easement Premises") for the parking of vehicles, on a first come, first served basis.
The Parking Easement shall terminate at such time as the Grantor Parcel is no longer used for the
purposes as set forth in the Special Permit.
6. Passage Easement from the Town to the Grantor. The Town hereby grants to the
Grantor, and tenants, residents and occupants of and visitors to the Residential Property, subject
to the terms hereof, the perpetual non-exclusive right and easement (the "Passage Easement"), in
common with the Town and the public, to use the Town Parcel (the "Passage Easement
Premises") for the passage of vehicles to and from Morse Street. The Passage Easement shall
terminate at such time as the Grantor Parcel is no longer used for the purposes as set forth in the
Special Permit.
7. Maintenance of the Grantor Parcel and the Town Parcel. The Grantor shall be
responsible for the maintenance, repair and replacement of the Grantor Parcel, and the Town
shall be responsible for the maintenance, repair and replacement of the Town parcel, except
insofar as the Town's or the Grantor's use damages the property of the other party.
8. Non-Interference by Grantor. The Grantor agrees not to construct, install or place
any temporary or permanent buildings, structures, objects or facilities in, on, under or upon the
Easement Premises that may interfere with the rights granted hereunder, without prior written
agreement from the Town. Any buildings, structures, objects or facilities located in, on, under or
upon the Easement Premises, whether presently existing or constructed hereinafter, in violation
of the terms of this provision may be removed by the Town, at the Grantor's expense, and the
Town shall have no obligation to reconstruct, reinstall or replace the same. This provision will
terminate at such time as the Grantor Parcel is no longer used for the purposes as set forth in the
Special Permit, except as to the Drainage Easement, will shall be perpetual.
9. Restoration by Town. The Town shall exercise its rights hereunder so as not to
unreasonably interfere with the Grantor's use and operation of the Grantor Parcel, to the extent
practicable. Upon exercise of the rights hereunder, the Town shall restore, as close as
reasonably practicable, the Grantor Parcel and the Easement Premises.
10. Reserved Rights. Grantor, and all those claiming by, through or under Grantor,
reserves the right to continue to use the Grantor Parcel, including the easement areas, in a
manner that does not unreasonably interfere with the easement rights granted hereunder.
Additionally, Grantor reserves the right to terminate all easements (with the exception of the
Drainage Easement, which shall be perpetual) at such time as the Grantor Parcel is no longer
used for the purposes as set forth in the Special Permit.
11. Release. Grantor, and all those claiming by, through or under Grantor, shall be
afforded all of the rights, protections, privileges and benefits granted under Massachusetts
General Laws Chapter 21, Section 17C (or such other state or local law that hereafter affords the
same or similar protections) and as such, Grantor, and all those claiming by,through or under
Grantor, shall not be liable for personal injuries or property damage sustained by members of the
public in connection with the rights granted hereunder including, without limitation, a minor or
any other person on the Pedestrian and Bicycle Easement Premises.
12. Bind and Inure. Except as set forth herein, the rights created hereby shall run
with the land and shall be binding upon and inure to the benefit of the parties, and their
respective successors and assigns, including, in the case of the Town, the public; provided,
however, that the Grantor shall only be responsible hereunder for matters occurring and claims
arising during its period of ownership of the Grantor Parcel. No partner, member, shareholder,
trustee, beneficiary, director, officer, manager, or employee of Grantor, or any partner of Grantor,
or any affiliate of Grantor, shall have any personal liability under this Grant. In addition, no
party to this Grant shall have personal liability under this Grant. In the event any person obtains
a judgment against Grantor in connection with this Grant, such person's sole recourse shall be to
the estate and interest of Grantor in and to Grantor's Parcel. Under no circumstances shall either
party have the right to any indirect, consequential or punitive damages, or any damages relating
to lost profits or lost opportunities with respect to any default by the other party hereto. 13.
Notice. Any notice hereunder shall be given in writing to the party for whom it is
intended, in person, by certified mail-return receipt requested, or by a recognized expedited
overnight delivery service, at the following address, or such future address as may be designated
by notice in writing:
If to Grantor, addressed to:
LaCourt Affordable Trust, LLC
30 College Avenue
Somerville, MA 02144
II
If to the Town, addressed to:
Town of Watertown
149 Main Street
Watertown, MA 02472
Attention: Town Manager
14. Encumbrances. The Grantor warrants that the aforesaid easements are free and
clear of all liens (except existing mortgage with Village Bank), encumbrances, restrictions,
covenants and easements of record, whether now or hereafter existing, to the extent in force and
applicable, that it has good title to transfer the same, that it will defend the same against claims
of all persons.
15. Governinv Law. This Grant shall be governed by the laws of the Commonwealth
of Massachusetts, as the same may now exist or as may be hereinafter enacted. If any provision
of this Grant, or portions thereof, or the application thereof to any person or circumstance shall,
to any extent, be found to be invalid or unenforceable, the remainder of this Grant, or the
application of such provision, or portion thereof, to any other person or circumstances shall not
be affected thereby, and such provision of this Grant shall be valid and enforceable to the fullest
extent permitted by law.
[Signatures on the Following Pages]
EXECUTED as a sealed instrument as of the day and year first above written.
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GRANTOR:
LACOURT AFFORDABLE TRUST LLC,
a Massachusetts limited liability company
By:
Mouhab Rizkallah, Its Manager
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COMMONWEALTH OF MASSACHUSETTS
ss.
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On this day of , 2020 before me,the undersigned notary public,
personally appeared , Manager of LaCourt Affordable Trust LLC, a
Massachusetts limited liability company, proved to me through satisfactory evidence of
identification which was to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that he signed it voluntarily for its
stated purpose in such capacity.
Notary Public
My Commission Expires:
708806/WATR/0018
CONSENT AND SUBORDINATION BY LIENHOLDER
VILLAGE BANK, a Massachusetts bank, as holder of the lien on Grantor Parcel pursuant to that
certain Mortgage and Security Agreement dated as of May 3, 2019, recorded with the Middlesex
South District Registry of Deeds in Book 72556, Page 2 (as same may be amended from time to
time, the "Mortzaae"), consents to the terms of the foregoing Grant of Easements and further
confirms that the lien and security interests evidenced by the Mortgage are and shall be and
remain subject and subordinate in all respects to the terms and provision of the Grant of
Easements.
. II
VILLAGE BANK,
a Massachusetts bank
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By:
Name:
Title:
STATE/COMMONWEALTH OF
ss.
On this day of , 2020 before me, the undersigned notary public,
personally appeared of the Village Bank, a
Massachusetts bank,proved to me through satisfactory evidence of identification which was
to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he/she signed it voluntarily for its stated purpose in such
capacity.
Notary Public
My Commission Expires:
[Town signatures on next page]
ACCEPTANCE OF GRANT OF EASEMENT
On this day of , 2020,the Town of Watertown, acting by and through
its Town Manager pursuant to the vote taken by the Town Council on January , 2020, a
certified copy of which is attached hereto as Exhibit B, hereby accepts the foregoing Grant of
Easement, which Town Council vote is recorded herewith.
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TOWN:
CITY KNOWN AS THE
TOWN OF WATERTOWN
Name: Michael J. Driscoll
Title: Town Manager
Hereunto duly authorized
Approved as to form by Town Attorney:
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Name: Katharine Lord Klein
Title: Town Attorney
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this day of , 2020, before me, the undersigned notary public,
personally appeared Michael J. Driscoll,the Town Manager of the City Known as the Town of
Watertown, proved to me through satisfactory evidence of identification which was
to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires:
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