HomeMy Public PortalAbout04-22-2014 Order Care Custody_201404171504002101 ToWN OF
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Aw Office of the Town Manager
Administration Building
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149 Main Street
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Watertown,MA 02472
Phone:617-972-6465
Fax:617-972-6404
Michael J.Driscoll www.watertown-ma.gov
Town Manager townmgr@watertown-ma.gov
To: Honorable Town Council
From: Michael J. Driscoll, Town Manager
Date: April 17, 2014
RE: Agenda Item—An Order Transferring Care, Custody and Control of Property off
Church Street, Currently Held for Off-Street Parking Purposes, to the Town
Manager for Purposes of Off-Street Parking and for Purposes of Conveyance
Attached please find correspondence from Katharine L. Klein, Esquire, Kopelman and
Paige, P.C. regarding the granting of an easement for encroachment to the owners of property
located at 25 Church Street.
As indicated in Ms. Klein's correspondence, the building encroaches approximately 2.25
feet onto Town-owned property, with the encroachment running the length of the building, for a
total of 225 square feet, more or less. The owners of the Property have requested that the Town
grant an easement for the encroachment upon the Town-owned property. Such an easement
would eliminate the cloud on the title of the Property and would have minimal impact upon the
Town's property interest.
Therefore, given the above and in accordance with the provisions of G.L. c. 40, § 15A, I
respectfully request the attached Order be placed on the April 22, 2014 Town Council Agenda.
Thank you for your consideration in this matter.
cc: Steven Magoon,Director of Community Development and Planning
Gerald S. Mee, Jr., Superintendent of Public Works
Katharine L. Klein, Esquire, Kopelman and Paige, P.C.
Mark R. Reich,Esquire,Kopelman and Paige,P.C.
ORDER# 0-2014-
An Order Transferring Care, Custody and Control of Property off Church Street, Currently Held
for Off-Street Parking Purposes,to the Town Manager for Purposes of Off-Street Parking and for
Purposes of Conveyance
WHEREAS,the Town acquired certain real property from Boston and Maine Railroad by deed
dated September 25, 1961,recorded with the Middlesex South Registry of Deeds in Book 9897,
Page 318, and by an Order of Taking dated September 11, 1961, recorded with said Registry in
Book 9888,Page 374 (the"Property"); and
WHEREAS, the Property was acquired pursuant to the vote under Article 66 of the 1961 Annual
Town Meeting for off-street parking purposes; and
WHEREAS,the Property is currently held by the Town under the care, custody and control of
the Town Manager, who, under the Home Rule Charter of the City known as the Town of
Watertown is charged with the responsibility for all Town property, except school and library
buildings and grounds; and
WHEREAS, a building constructed in or about 1963 (the "Building"), easterly of Church Street,
as shown on a plan entitled"Land in Watertown, Mass. Boston&Maine Railroad to the Town of
Watertown," dated June 1961, recorded with said Registry as Plan 1334 (Sheet 1 of 2) of 1961,
encroaches approximately 2.25 feet upon a portion of the Property, for a distance of
approximately 110 feet, for a total area of 226 square feet,more or less, which is more shown as
"Building Easement" on a plan entitled "Easement Plan of Land Located at 25 Church Street,
Watertown,MA,"dated February 18, 2014 (the"Easement Premises"); and
WHEREAS, the owners of the Building have requested that the Town grant an easement for the
continued encroachment of the Building upon the Easement Premises.
NOW THEREFORE BE IT ORDERED: That,pursuant to the provisions of G.L. c. 40, § 15A,
the Town Council of the City known as the Town of Watertown does hereby transfer the care,
custody and control of the Easement Premises, currently held for off-street parking, located off
Church Street and consisting of a portion of the land described in a deed dated September 25,
1961 recorded with the Middlesex South Registry of Deeds in Book 9897, Page 318, and by an
Order of Taking, dated September 11, 1961, recorded with said Registry in Book 9888, Page
374,to the Town Manager, for purposes of off-street parking and conveyance;
AND FURTHER,that the Town Council hereby authorizes the Town Manager to grant an
easement for encroachment of the Building, a portion of which is located upon the Easement
Premises, to Evelyn C. MacDonald and Sandra E. MacDonald, Trustees of MacDonald
Associates Nominee Trust.
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 April 22, 2014.
Valerie Papas, Council Clerk Mark S. Sideris, Council President
Arc
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KOPEL,MAN AND PAID Boston, M 02
P.C. Boston, MA 110
The Leader in Municipal Law T: 617.556.0007
F: 61Z654.1735
www.k-plaw.com
April 14, 2014 Katharine Lord Klein
kklein@k-plaw.com
OFFICE OFTHETOWN MANAGER
RECEIVED
Mr. Michael J. Driscoll
Town Manager APR 15 2014
Watertown Administration Building TOWN OF WA ERTOWN
149 Main Street WATERTOWN,MASSACHUSE'I"IS
Watertown, MA 02472
Re: Church Street Easement Deed
Dear Mr. Driscoll:
As you may be aware, the owners of property located at 25 Church Street(the "Property"),
Evelyn C. MacDonald and Sandra E. MacDonald, Trustees of MacDonald Associates Nominee
Trust, are in the process of selling the Property. The prospective purchaser, in undertaking its due
diligence in advance of the purchase, noted a long-standing encroachment of the building located on
the Property upon property of the Town. The building encroaches approximately 2.25 feet onto
Town-owned property, with the encroachment running the length of the building(approximately 110
feet in length), for a total of 226 square feet, more or less.
The owners of the Property have requested that the Town grant an easement for the
encroachment upon the"town-owned property. Such an casement would eliminate the cloud on the
title to the Property and would have minimal impact upon the Town's property interest, in my
opinion. Counsel for the owners of the Property and I have agreed upon the terms of a Grant of
Easement (the "Easement Deed"), a copy of which is enclosed. The Easement Deed requires that the
owners of the Property maintain the building in good repair, at the owners' sole cost and expense,
and indemnify the Town for any claim or demand arising from the encroachment. The Easement
Deed further states that the owner of the Property shall not interfere unreasonably with the Town's
use of the Town-owned property and shall restore the easement premises to its original condition in
the event of damage.
Conveyance of the easement will require Town Council approval of the grant of the easement
and authorization for you to execute the Easement Deed. For this purpose I have drafted the
enclosed Order for consideration by the Town Council authorizing you to convey the casement to
the owners of the Property. This conveyance would be limited to the area of the building
encroachment and would allow the building to remain undisturbed upon the Town's property. The
owners of the Property have agreed to pay the Town's legal fees in connection with this transaction.
Boston • Worcester • Northampton • Lenox
KOPELMAN AND PAIGE,P.c.
Mr. Michael J. Driscoll
Town Manager
April 14, 2014
Page 2
Please contact me or Mark Reich with any further questions regarding this matter.
Very truly yours,
Katharine Lord Klein
KLK/lem
Enc.
cc: Planning Director
495425v2AVATR/0018
GRANT OF EASEMENT
Property Address: 25 Church Street,Watertown, Massachusetts
The City known as the Town of Watertown, a municipal corporation, of 149 Main
Street, Watertown,Middlesex County,Massachusetts 02472 (hereafter referred to as
"Town"), for one dollar and other valuable consideration, grants to Evelyn C.
MacDonald and Sandra E. MacDonald, Trustees of MacDonald Associates Nominee
Trust under the Declaration of Trust dated June 30, 1975, recorded with the Middlesex
South Registry of Deeds in Book 12824, Page 231, as amended, with an address of 25
Church Street, Watertown, Middlesex County, Massachusetts 02472, its successors and
assigns (hereafter referred to as "Grantee"), an easement appurtenant to certain property
described in a deed dated June 30, 1975, recorded with said Registry in Book 12824,
Page 239, as follows:
A perpetual easement and right to maintain, repair and replace the existing building of
Grantee which encroaches upon property owned by the Town, being a portion of the
property described in a deed dated September 25, 1961, recorded with said Registry in
Book 9897, Page 318, and by an Order of Taking dated September 11, 1961, recorded
with said Registry in Book 9888, Page 374, and shown on a plan entitled "Land in
Watertown, Mass. Boston&Maine Railroad to the Town of Watertown," dated June
1961, recorded with said Registry as Plan No. 1334 (Sheet 1 of 2) of 1961, and further
shown as" Building Easement" on a plan entitled`Basement Plan of Land Located at 25
Church Street, Watertown, Massachusetts," Scale: 1"=20,' dated February 18, 2014,
prepared by Boston Survey, Inc., attached hereto as Exhibit A (hereinafter, "Easement
Premises").
The rights granted herein shall be subject to and with benefit of the following terms and
conditions:
1. Grantee, its successors and assigns shall maintain all structures within the
Easement Premises in good repair at its sole cost and expense.
2. Grantee, its successors and assigns shall have the right to access and pass and
repass over the Easement Premises to maintain the existing structure.
3. Grantee shall indemnify, defend and hold harmless the Town, its agents, employees,
representatives and anyone claiming by, through or under the Town (collectively, with
Page I
the Town, the "Indemnified Parties") from and against any and all claims, demands,
suits, actions, costs, and judgments of any nature whatsoever, in law and equity,
which are or may be brought against the Indemnified Parties arising out of or relating
to: (a) any failure on the part of Grantee to comply with any provision or term
required to be performed or complied with by Grantee under this Easement, (b) death,
injury or property damage suffered by any person on account of or arising from the
encroaclmient of the existing building upon the property of the Town, and/or based
upon the negligent act or omission or intentional misconduct of the Grantee, its
successors or assigns, and (c) any harm, injury, death, damage suffered or incurred by
Grantee, its successors and assigns.
4. Grantee agrees that its use of the Easement Premises shall not interfere unreasonably
with the Town's use of its property.
5. Grantee agrees to restore the Easement Premises in the event of any damage caused
by Grantee or its agents, employees, or representatives in connection with the use of
any rights or privileges granted in this Easement to at least the condition as existed
prior to the commencement of the activity that caused such damage.
All rights and privileges herein granted, including all benefits and burdens, shall run with the
land and shall be binding upon and inure to the benefit of the parties hereto, their respective
successors and assigns.
This Easement may only be modified or changed by an agreement in writing of the parties or, as
applicable, their successors and assigns.
This Easement and any amendments hereto shall be governed by the laws of the Commonwealth
of Massachusetts.
[Signature Page Follows]
Page 2
Witness my hand and seal this day of April, 2014.
CITY KNOWN AS THE
TOWN OF WATERTOWN
By: Michael J. Driscoll
Its: Town Manager
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
Then appeared before me on this day of April, 2014, the undersigned notary public,
Michael J, Driscoll, as Town Manager for the City known as the Town of Watertown, a
municipal corporation, and 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
and further acknowledged the foregoing to be the free act and deed of the City known as the
Town of Watertown.
Notary Public
My commission expires:
494663v2AVATR/0001
Page 3
Exhibit A
Plan
Page 4
DETAIL SCALE: 1 INCH 20 FEET
CHURCH (PUBLIC-VARIABLE WIDTH) STREET
=
` 374.03'TO INT.AT
1 - N41°30'11"E 41,60' -,.-SUMMER STREET
/ ///// I//\�lI•`7\TO\WN OFW TER T, ,2L; Ax
EASEMENT
(HATCHED)
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OR /
oo H
ND.25
Q e
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m � �
Iq 1 STORYBRICK / No.35 CHURCH STREET
d / NIF
F FIRST PARISH CHURCH
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m LOT 14
6,264SF.
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G
N M \TOWN OF WATERTOWN
` `EASEMENT
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C.
�\ SURV�Y0N
i. 41.16' S41�44 26„W T I "17):42-1W
I CERTIFY THAT THIS PWAS MADE FROM REFERENCES.-
EASEMENT PLAN OF LAND AN INSTRUMENT SURVEY ON THE GROUND DEED.:BK 12824;PG 239
LOCATEDAT ON THE DATE OF FEBRUARY 12,2014AND PLAN: BK7679;PG77
ALL STRUCTURES ARE LOCATED AS SHOWN BK 11006;
25 CHURCH STREET HEREON. BK 12 7662;PG END
WATERTOWN, MA I HEREBY CERTIFY THAT THIS PLAN WAS
DATE:FEBRUARY 18,2014 PREPARED IN CONFORMITY WITH THE
SCALE: 1 INCH=20 FEET RULESAND REGULATIONS OF THE
REGISTERS OF DEEDSOF THE
6 20 40 ' COMMONWEALTH OFMASSACHUSETTS. JOB#14-00163
Town Council
TOWN OF WATERTOWN
ADMINISTRATION BUILDING-WATERTOWN,MA 02472-4410
(617)972-6470-FAX(617)972-6485
ORDER# 0-2014-
An Order Transferring Care, Custody and Control of Property off Church
Sheet, Currently Held for Off-Street Parking Purposes, to the Town Manager
for Purposes of Off-Street Parking and for Purposes of Conveyance
WHEREAS, the Town acquired certain real property from Boston and Maine
Railroad by deed dated September 25, 1961, recorded with the Middlesex South
Registry of Deeds in Book 9897, Page 318, and by an Order of Taking dated
September 11, 1961, recorded with said Registry in Book 9888, Page 374 (the
"Property"); and
WHEREAS, the Property was acquired pursuant to the vote under Article 66 of the
1961 Annual Town Meeting for off-street parking purposes; and
WHEREAS, the Property is currently held by the Town under the care, custody and
control of the Town Manager, who, under the Home Rule Charter of the City known
as the Town of Watertown is charged with the responsibility for all Town property,
except school and library buildings and grounds; and
WHEREAS, a building constructed in or about 1963 (the `Building"), easterly of
Church Sheet, as shown on a plan entitled"Land in Watertown, Mass. Boston &
Maine Railroad to the Town of Watertown," dated June 1961, recorded with said
Registry as Plan 1334 (Sheet 1 of 2) of 1961, encroaches approximately 2,25 feet
upon a portion of the Property, for a distance of approximately 110 feet, for a total
area of 226 square feet, more or less, which is more shown as `Building Easement'
on a plan entitled "Easement Plan of Land Located at 25 Church Street, Watertown,
MA," dated February 18, 2014 (the "Easement Premises"); and
WHEREAS, the owners of the Building have requested that the Town grant an
easement for the continued encroachment of the Building upon the Easement
Premises.
NOW THEREFORE BE IT ORDERED: That, pursuant to the provisions of G.L.
c. 40, § 15A, the Town Council of the City known as the Town of Watertown does
hereby transfer the care, custody and control of the Easement Premises, currently held
for off-street parking, located off Church Street and consisting of a portion of the land
described in a deed dated September 25, 1961 recorded with the Middlesex South
Registry of Deeds in Book 9897, Page 318, and by an Order of Taking, dated
September 11, 1961, recorded with said Registry in Book 9888, Page 374, to the
"Town Manager, for purposes of off-street parking and conveyance;
AND FURTHER, that the Town Council hereby authorizes the Town Manager to
grant an easement for encroachment of the Building, a portion of which is located
upon the Easement Premises, to Evelyn C. MacDonald and Sandra E. MacDonald,
Trustees of MacDonald Associates Nominee Trust.
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 2014.
Valerie Papas, Council Clerk Mark S. Sideris, Council President
495585AVATR/00I8