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Home My Public Portal About03-24-2015 Easement_201503191553392003 TOWN OF 16SU WATERTOWN r. Office of the Town Manager /0 14 "": '� Administration Building 149 Main Street - Watertown,MA 02472 Phone:617-972-6465 Michael J.Driscoll Pax 617-972-6404 www.watertown-ma.gov Town Manager townmPr6Dwatertown-ma.eov To: Honorable Town Council From: Michael J. Driscoll, Town Manager Date: March 19, 2015 RE: Agenda Item—An Order Accepting an Easement for a Sidewalk from Watertown Senior Housing LLC off Summer Street and Authorizing the Town Manager to Execute the Acceptance of said Sidewalk Easement Attached please find correspondence from Katherine Lord Klein, Esquire, Kopelman and Paige, P.C., regarding the proposed grant of a sidewalk easement to the Town at Summer Street. As indicated in Ms. Klein's correspondence, Watertown Senior Housing LLC (the "Developer"), the owner of property at 20 Sumner Street, at the intersection with Spring Street(the "Property"), requested zoning relief from the Town of Watertown Zoning Board of Appeals, which relief was granted on February 22, 2012 (Case No. ZBA- 2012-02 SP/SR). The Developer sought a Special Permit with Site Plan Review in accordance with the Zoning Ordinance, §5.01.2(h), Assisted Living Facility. The site would include retail space on the first floor, and assisted living units on the remaining floors. The Special Permit required that all areas indicated as sidewalks on the plans of the Developer's Property would be open to the public. The Developer was further required to convey a pedestrian easement to the Town prior to the issuance of a building permit. The Developer will execute a Grant of Easement for a sidewalk for pedestrian use. Acceptance of the easement is in accordance with the condition imposed by the Zoning Board of Appeals Therefore, given the above, I respectfully request the attached Order be placed on the March 24, 2015 Town Council Agenda. Thank you for your consideration in this matter. cc: Gerald S. Mee, Jr., Superintendent of Public Works Matthew Shuman, Town Engineer Katharine L. Klein, Esquire,Kopelman and Paige, P.C. Mark R. Reich, Esquire, Kopelman and Paige, P.C. Steven Magoon, Director of Community Development and Planning/Assistant Town Manager KOPELMAN AHD PAIGE, P.c. tot Arch Street Boston,MA 02110 The Leader in Public Sector Law T: 617,556.0007 F: 617.664.1735 www.k-plaw.com March 18,2015 Katharine Lord Klein kklein@k-plaw.com Mr. Michael J. Driscoll Town Manager Watertown Administration Building 149 Main Street Watertown, MA 02472 Re: Summer Street Sidewalk Easement Dear Mr. Driscoll: I am writing to you regarding the proposed grant of a sidewalk easement to the Town at Summer Street. Watertown Senior Housing LLC (the"Developer"), the owner of property at 20 Summer Street, at the intersection with Spring Street(the"Property"),requested zoning relief from the Town of Watertown Zoning Board of Appeals,which relief was granted on February 22, 2012 (Case No. ZBA- 2012-02 SP/SR). The Developer sought a Special Permit with Site Plan Review in accordance with the Zoning Ordinance, §5.01.2(h),Assisted Living Facility. The site would include retail space on the first floor, and assisted living units on the remaining floors. The Special Permit required that all areas indicated as sidewalks on the plans of the Developer's Property would be open to the public. The Developer was further required to convey a pedestrian easement to the Town prior to the issuance of a building permit, The Developer will execute a Grant of Easement for a sidewalk for pedestrian use. Acceptance of the easement is, in my opinion, in accordance with the condition imposed by the Zoning Board of Appeals. Acceptance of the easement will require Town Council approval of the grant of the easement to the Town and authorization for you to execute the acceptance to the Grant of Easement. For this purpose I have drafted the enclosed Order for consideration by the Town Council approving the grant of the easement and authorizing you to accept the easement from the Developer. Please contact me or Mark Reich with any further questions regarding this matter. Very truly yours, Katharine Lord Klein KLK/lem Enc. 517870/NVXrR/0023 Boston • Worcester . Northampton • Lenox Town Council TOWN OF WATERTOWN ADMINISTRATION BUILDING-WATERTOWN,MA 02472-4410 (617)972-6470-FAX(617)972-6485 ORDER# 0-2015- An Order Accepting an Easement for a Sidewalk from Watertown Senior Housing LLC off Summer Street and Authorizing the Town Manager to Execute the Acceptance of said Sidewalk Easement WHEREAS, Watertown Senior Housing LLC (the"Grantor") sought zoning relief from the Town of Watertown Zoning Board of Appeals, which relief was granted on February 22,2012,in Case Number ZBA-2012-02 SP/SR, and which affected property of the Grantor described in a deed dated December 3,2012,recorded with the Middlesex South Registry of Deeds in Book 60646, Page 442 (the"Grantor's Property");and WHEREAS, the zoning relief sought was the issuance of a Special Permit with Site Plan Review in accordance with Zoning Ordinance, §5.01.2(h),Assisted Living Facility in relation to Grantor's Property; and WHEREAS,a condition of said zoning relief was that all areas indicated as sidewalks within the boundaries of Grantor's Property would be open to the public and said areas could not be modified without prior approval by the Zoning Board of Appeals and other relevant public officials; and WHEREAS, Grantor was further required to convey a pedestrian easement to the Town of Watertown prior to the issuance of a building permit; and WHEREAS, Grantor has agreed to convey a sidewalk easement to the Town of Watertown upon Grantor's Property(the "Sidewalk Easement Premises"). NOW THEREFORE BE IT ORDERED: That,the Town Council of the City known as the Town of Watertown hereby accepts the Sidewalk Easement Premises, on the terms and conditions as set forth in the Grant of Easement conveying Sidewalk Easement Premises to the Town of Watertown. AND FURTHER, that the Town Council hereby authorizes the Town Manager to execute the Acceptance to the Grant of Easement conveying the Sidewalk Easement Premises to the Town of Watertown. 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 2015. Valerie Papas, Council Clerk Mark S. Sideris, Council President 517510AVATR10018 EXHIBIT A The land in Watertown, Middlesex County, Massachusetts, shown as Lot A containing 29,883 square feet more or less on Plan dated May 21, 1963 by Everett M. Brooks Co., recorded as Plan No. 1053 of 1963 at End of Book 10318, bounded: NORTHWESTERLY by Spring Street, one hundred forty-three and 96/100 (143.96) feet; (mistakenly shown on said plan as 143,69); NORTHEASTERLY by Summer Street, two hundred forty-two and 501100 (242.50) feet; SOUTHEASTERLY by land now or formerly of Berry, sixty-four and 20/100 (64.20) feet; SOUTHWESTERLY by said Berry land, three and 501100 (3.50) feet; SOUTHEASTERLY by land now or formerly of Hall, fifty-three and 30/100 (53.30) feet; WESTERLY by land now or formerly of First Baptist Society, seventy-six and 20/100 (76.20) feet; NORTHWESTERLY by the same, sixty-seven and 40/100 (67.40)feet; SOUTHWESTERLY by land identified as Lot 1, one hundred thirty-four and 28/100 (134.28) feet. 11893033-v1 tn 0 Z j V SUMMER STREET o2x �0rto t EXISTING z Z."' R 140 � BEGINNINT ING SIDELINE aws`�wo 57< riCONCRETE GRANITE `1 I I I � —BENCH PIAtJTERS S35'46'33"E 242.22' ) s W W Lj SIDEWALK EASEMENT AREA, i-, BY A LINE ALONG THE FACE OF THE EXISTING BUILDING 129'3 a Y i� AREA SITTING Cif "BY A LINE ALONG THE FACE OF°' a THE EXISTING BUILD.,COLUMNS" W CC!ti - — 47± 4� NOTE: ASSESSOR'S PARCEL \ �_ w w LU M C� CORNER OF EASEMENT DEFINED BY ID NO. 1008 A 0 = y �z w THE EXTENSION OF THE FACE OF J \ O W H� ~ EXISTING BUILDING RANGES. \ a OO X� om MAO WN 02 \ Q(D !d #2 SUMMER STREET 5 STORY BRICK m d a P= �w 57<0 C/3 as \ m c� w \ m Qr m w z0 zµoFvq THIS PLAN HAS BEEN PREPARED IN CONFORMITY WITH THE RULES �S8cUZ m AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE I DRAWN BY. AWL T COMMONWEALTH OF MASSACHUSETTS. I DESIGNED BY: AWE N THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING I CHECKED BY: JPT APPROVED Bt: JPT 20 C 10 20 ."<,� ° EXISTING OWNERSHIPS, AND THE LINES OF THE STREETS AND WAYS I DATE: 02/12/14 SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS I SCALE: 1--20' ALREADY ESTABLISHED, AND NO NEW LINES FOR DIVISION OF PROJECT. NO.: 212-192 EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. I Dwc No: 1 OF 1