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HomeMy Public PortalAbout485 Arsenal Street Order TowN OF 1630 WATERTOWN Office of the Town Manager i a I Administration Building ri 149 Main Street Watertown, MA 02472 Phone:617-972-6465 Michael J. Driscoll www•watertown-ma.gov townmer@water town-ma.eov Town Manager To: Honorable Town Council From: Michael J. Driscoll, Town Manager Date: September 7, 2017 RE: Agenda Item—An Order Approving an Amendment to the Easement Agreement Providing Access to Arsenal Park Across Property of BP Watertown Retail LLC, being 485 Arsenal Street, Watertown, and Authorizing the Town Manager to Execute the Amendment to Easement Agreement Attached please find correspondence from Katharine Lord Klein, Esquire, KP Law, regarding the proposed amendment to an Easement Agreement from Watertown Arsenal Associates to the Town of Watertown, acting by and through its Conservation Commission, which easement runs from Arsenal Street to Arsenal Park, across property now of BP Watertown Retail LLC, said property being known as 485 Arsenal Street. As indicated in Ms. Klein's correspondence, BP Watertown Retail LLC (the "Developer") is reconfiguring the improvements at the Property, and has received a Special Permit from the Watertown Planning Board (PB- 2016-03). As a result, the Developer is required to change the location of the easement. Since the easement is for the benefit of property under the custody of the Conservation Commission, the Conservation Commission must also approve the First Amendment. The Conservation Commission executed the First Amendment last evening, Wednesday, September 6, 2017. Steven Magoon, Director of Community Development and Planning/Assistant Town Manager, supports the Town Council action approving the Town Council Order and the terms of the First Amendment to Easement Agreement. It is Ms. Klein's recommendation that the Town Council vote to approve the Order regarding the relocation of the access easement to Arsenal Park, Therefore, given the above, I respectfully request the attached Order be placed on the September 12, 2017 Town Council Agenda. Thank you for your consideration in this matter. cc: Steven Magoon, Director of Community Development and Planning/Assistant Town Manager Conservation Commission Katharine L.Klein,Esquire,KP Law Mark R.Reich,Esquire,KP Law Peter Centola,Recreation Department Director Gerald S.Mee,Jr., Superintendent of Public Works Matthew Shuman,Town Engineer Town Council TOWN OF WATERTOWN ADMINISTRATION BUILDING-WATERTOWN,MA 02472-4410 (617)972-6470-FAX(617)972-6485 ORDER# 0-2017- An Order Approving an Amendment to the Easement Agreement Providing Access to Arsenal Park Across Property of BP Watertown Retail LLC, being 485 Arsenal Street, Watertown, and Authorizing the Town Manager to Execute the Amendment to Easement Agreement WHEREAS, an access easement, as described in an Easement Agreement from Watertown Arsenal Associates to the Town of Watertown, acting by and through its Conservation Commission, currently exists from Arsenal Street to Arsenal Park across property now owned by BP Watertown Retail LLC ("Grantor"), being 485 Arsenal Street, Watertown ("Grantor Property"), said easement shown as "Proposed Access Easement" on a plan entitled"Plan of Access Easement to Arsenal Park in Watertown, Mass. Granted by Watertown Arsenal Associates," dated August 27, 1982, recorded with the Middlesex South District Registry of Deeds as Plan 1349 of 1983 (the"Existing Easement Area"), a copy of which plan is attached hereto as Exhibit A; and WHEREAS, Grantor is reconfiguring improvements on the Grantor Property, said development approved by the Planning Board in a Special Permit Decision dated January 11, 2017 (PB-2016-03), pursuant to which Special Permit Decision, Grantor is obligated to modify the location of the Existing Easement Area providing access to Arsenal Park, to that area shown as "Access Easement Area," on a plan entitled "Easement Plan `Arsenal Mall' Arsenal Street Watertown, Mass.," dated June 28, 2017 (the"Access Easement"), a copy of which plan is attached hereto as Exhibit B; and WHEREAS, the Easement Agreement, as amended, states that the Access Easement, in addition to providing access to Arsenal Park by foot and vehicles, shall further provide access for bicycles and mobility devices, to enable access to Arsenal Park for injured and disabled persons; and WHEREAS, the Watertown Conservation Commission, the grantee of the Easement Agreement, approved the Amendment thereto at a duly called meeting held on September 6, 2017. NOW THEREFORE BE IT ORDERED: That, the Town Council of the City known as the Town of Watertown hereby approves the First Amendment to the Easement Agreement providing access to Arsenal Park across the property of BP Watertown Retail LLC, being 485 Arsenal Street, Watertown, on the terms and conditions set forth herein. AND FURTHER, that the Town Council hereby authorizes the Town Manager to execute the First Amendment to the Easement Agreement from BP Watertown Retail LLC to the Town of Watertown, acting by and through its Conservation Commission. 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 September 12, 2017. Marilyn Pronovost, Council Clerk Mark S. Sideris, Council President Exhibit A Plan of Existing Access Easement • \ }| k ) [ �! / z� % ) / ; � • ° • A; �2 \\\ J§. ) ° ' \j \\( / { - � » § � - ! . — ! _ / J 4 � [{ / - \ !, . a�V ©® ae,V | ©2 � y_ % � Exhibit B Plan of Access Easement ------------------ INA." mm3 Essww Pu WATERTOWN, MASS. ARSENAL STREET M -77- Aq FIRST AMENDMENT TO EASEMENT AGREEMENT First Amendment to Easement Agreement ("First Amendment'), dated as of the day U y � of September, 2017, by and between BP Watertown Retail LLC, a Delaware limited liability company, having an address of 485 Arsenal Street, Watertown, Massachusetts 02472 (the 0 y "Grantor") and the City laiown as the Town of Watertown, acting by and through its Conservation Commission, a Massachusetts municipal corporation, having an address of 149 0 CIO Main Street, Watertown, Massachusetts 02472 (the "Town"). WITNESSETH Reference is made to a certain easement agreement(the"Easement Agreement') v whereby Watertown Arsenal Associates ("WAA"), a Massachusetts limited partnership, granted an access easement (the "Easement') to the Inhabitants of the Town of Watertown, acting by and through its Conservation Commission, dated October 25, 1983 and recorded with the Middlesex South District Registry of Deeds (the "Registry") in Book 15327, Page 349, with respect to the WAA Parcel (as that term is defined hereinafter), which parcel of land was then owned by WAA and located in Watertown, Massachusetts, and the Town Parcel (as that term is defined 1 hereinafter), which parcel of land was then and is now owned by the Town and located in said Watertown. Reference is further made to the following facts which constitute the background to this instrument: A. BP Watertown Retail LLC is the current owner of two (2) parcels of land located at 485 Arsenal Street in said Watertown and more particularly described in those certain Quitclaim Deeds each dated August 8, 2013 and recorded in the Registry in Book 62423, Page 158, and Book 62423, Page 148, respectively (collectively, the"Grantor Parcels"). BP Watertown Retail LLC is the successor in interest of WAA with respect to the Easement Agreement. The Grantor Parcels are the servient estate with respect to the Easement. The term "WAA Parcel" means that certain parcel of land located in said Watertown and described in and under the terms of a Deed from the Watertown Redevelopment Authority ("WRA") to WAA dated January 7, 1982 and recorded in the Registry in Book 14508, Page 123, B. The Town is the current owner of the Town Parcel. The term "Town Parcel' means that certain parcel of land containing approximately 13.68 acres located in said Watertown and more particularly described in that certain Deed from the WRA to the Town dated December 14, 1977 and recorded in the Registry in Book 13354, Page 200, The Town Parcel is the dominant estate with respect to the Easement. The Town Parcel is also shown on that certain plan entitled, "Watertown Arsenal Park; Scale 60 Feet to an Inch; James H. Sullivan, Registered Land Surveyor, August 19, 1977", which plan is recorded in the Registry as Plan 2 1380 of 1977. The Town Parcel is commonly known as the "Arsenal Park" and/or the "Watertown Arsenal Park". C. That portion of the Grantor Parcels shown as "Proposed Access Easement" on that certain plan of land entitled "Plan of Access Easement to Arsenal Park in Watertown, Mass. Granted by Watertown Arsenal Associates to the Town of Watertown; dated August 27, 1982 (last revised October 18, 1983); prepared by Linenthal, Eisenberg Anderson, Inc., 75 Kneeland St., Boston, Mass.", which plan (the"Easement Plan") was recorded in the Registry with the Easement Agreement as Plan Number 1349 of 1983, is currently burdened by an access easement as set forth in the Easement Agreement. That area shown on the Easement Plan as "Proposed Access Easement" is hereinafter referred to as the"Existing Easement Area." A legal description of the Existing Easement Area is set forth in Exhibit A attached hereto. D. In connection with certain zoning relief granted by the Town of Watertown Planning Board (the "Planning Board") on January 11, 2017, in Case Number PB-2016-03, as set forth in a Zoning Decision, recorded in the Registry in Book 69000, Page 541, which zoning relief was granted in connection with the Grantor's development of the Grantor Parcels, Grantor is obligated to relocate the Easement Area (as that term is defined in the Easement Agreement) to reflect new road layouts on the Grantor Parcels, changing the location of the Easement Area from the Existing Easement Area to those portions of the Grantor Parcels shown on that certain plan of land entitled `Basement Plan, "Arsenal Mall", Arsenal Street, Watertown, Mass.; dated June 28, 2017; prepared by Feldman Land Surveyors, 152 Hampden Street, Boston, Mass. 02119", which plan (the "Plan") is recorded in the Registry herewith as Plan of 2017, as the 3 "Access Easement Area" (the "Access Easement Area"), containing 34,154 square feet, more or less. A legal description of the Access Easement Area is set forth in Exhibit B attached hereto. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and the Town hereby amend the Easement Agreement as follows: 1. The Easement Area is changed from that portion of the Grantor Parcels described in the legal description set forth in Exhibit A to the Easement Agreement and shown as the "Proposed Access Easement" on the Easement Plan to that portion of the Grantor Parcels described in the legal description set forth in Exhibit B to this First Amendment and shown as "Access Easement Area" on the Plan. The Town irrevocably relinquishes, releases, and terminates any and all rights of casement pursuant to the Easement Agreement in the Existing Easement Area, with the exception of those portions of the Existing Easement Area included within the Access Easement Area. It is the intention of the parties that the Access Easement Area supersedes the Existing Easement Area; provided, however, the parties acknowledge that portions of the Existing Easement Area are included within the Access Easement Area. 2. The Easement Agreement is further amended by adding after the first and only sentence of Section 1 the following new sentences: "For the purpose of this section, the term "vehicles" includes bicycles and mobility devices (as that term is defined hereinafter). The term "mobility devices," as used in this section, means wheelchairs, crutches, canes, walkers, or other devices, both motorized and non-motorized, that function similarly to allow 4 injured or disabled persons increased mobility for travel. " 3. The Easement Agreement is further amended by adding after Section 5 the following new numbered section: 116. It is the intention of the parties that access to the Easement Area shall be free of charge and that to the fullest extent permitted by law, the Easement constitutes an "interest in land" under Massachusetts General Laws Chapter 21, Section 17C (or such other state or local law that hereafter affords the same or similar protections), and that Grantor shall be afforded all of the rights, protections,privileges and benefits granted thereunder, and as such, 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 Easement Area." 4. Any other section, or part thereof, of the Easement Agreement is hereby amended to bring such other section, or parts thereof, into conformity with the intent of this First Amendment. 5. Each of the capitalized terms used in this First Amendment which is not specifically defined herein shall have the meaning given to each term in the Easement Agreement. 5 6. Except as amended and modified by this First Amendment, all of the terms and provisions of the Easement Agreement are hereby expressly ratified and confirmed, and shall remain in full force and effect. [Signature Page Follows] 6 Executed as a sealed instrument this day of September, 2017. GRANTOR: BP Watertown Retail LLC By: Name: Office: Hereunto duly authorized COMMONWEALTH OF MASSACHUSETTS ss On this day of September, 2017, before me, the undersigned notary public, personally appeared , as of BP Watertown Retail LLC, 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 as of and acknowledged said instrument to be the free act and deed of BP Watertown Retail LLC. Notary Public My Commission Expires: 59012lv2AVATR/0018 7 CONSENT OF CONSERVATION COMMISSION The City known as the Town of Watertown, acting by and through its Conservation Commission, pursuant to the authority granted under G.L. c. 40, §8C,hereby consents to the First Amendment to Easement Agreement with BP Watertown Retail LLC, this 6th day of September, 2017. CITY KNOWN AS THE TOWN OF WATERTOWN, By its Conservation Commission 8 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this 6th day of September, 2017, before me, the undersigned Notary Public, personally appeared , who 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 as a member of the Conservation Commission of the City known as the Town of Watertown. Notary Public My Commission Expires: 9 APPROVAL The City Known as the Town of Watertown, by and through its Town Manager, approves First Amendment to Easement Agreement between BP Watertown Retail LLC and the Watertown Conservation Commission, in accordance with Watertown Town Council Order 0- 2017- this 12th day of September, 2017. CITY KNOWN AS THE TOWN OF WATERTOWN By: Michael J. Driscoll, Town Manager Duly Authorized Approved as to form by Town Attorney: Mark R. Reich Town Attorney COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On the_day of September, 2017, before me, the undersigned notary public, personally appeared Michael J. Driscoll, proven 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, as Town Manager of the City Known as the Town of Watertown. Notary Public My Commission Expires: 10 I CONSENT AND SUBORDINATION Citizens Bank,N.A., a national banking institution (the"Lender"), as Agent, the successor in interest to RBS Citizens, N.A., having its principal place of business at 1 Citizens Plaza, Providence, Rhode Island 02093, the present holder, as Agent, of a Mortgage and Security Agreement on certain parcels of land in Watertown, Massachusetts, including, without limitation, the Grantor Parcels (as that term is defined in the First Amendment to Easement Agreement recorded herewith (the "First Amendment')), from BP Watertown Retail LLC, a Delaware limited liability company, having an address of 485 Arsenal Street, Watertown, Massachusetts 02472 (the"Borrower"), to the Lender in the original principal amount of Sixty- two Million Nine Hundred Twenty-Five Thousand Dollars ($62,925,000.00) dated August 8, 2013 and recorded in the Middlesex South Registry of Deeds (the "Registry") in Book 62423, Page 167 (the "Mortgage"), a Collateral Assignment of Leases and Rents from Borrower to Lender dated August 8, 2013 and recorded in the Registry in Book 62423, Page 192 (the "Assignment'), and a UCC-I Financing Statement naming Lender as Secured Party and Borrower as Debtor and recorded in the Registry in Book 62423, Page 206 (the"Financing Statement'), as the Mortgage and Assignment have been amended by a First Amendment to Mortgage and Security Agreement and Collateral Assignment of Leases and Rents by and between Borrower, 615 Arsenal Retail, LLC, a Massachusetts limited liability company having an address at c/o The Wilder Companies, 800 Boylston Street, Suite 1300, Boston, Massachusetts 02199 (the "Additional Borrower"), and Lender dated as of November 22, 2013 11 and recorded in the Registry in Book 63273, Page 132 (the "First Mortgage Amendment') and further amended by a Second Amendment to Mortgage and Security Agreement and Collateral Assignment of Leases by and between Borrower, Additional Borrower, and Lender dated as of July 19, 2016 and recorded in the Registry in Book 67652, Page 416 (the"Second Amendment'), which Second Amendment changed the aggregate principal amount of the indebtedness secured by the Amended Mortgage to $61,500,000.00 (the Mortgage and Assignment as so amended are hereinafter referred to as the "Amended Mortgage" and the "Amended Assignment", respectively), for consideration paid, hereby consents to and subordinates the Amended Mortgage, the Amended Assignment, and the Financing Statement, and the liens created thereby, to the easements granted and/or modified to the City known as the Town of Watertown (the "Grantee"), in the First Amendment, to the same extent as if the First Amendment had been executed, acknowledged, and recorded prior to the execution, acknowledgement, and recording of the Amended Mortgage, Amended Assignment, and Financing Statement, and does hereby, covenant, agree, and declare that the Amended Mortgage, Amended Assignnent, and Financing Statement shall in all respects be subject and subordinate to the First Amendment and the easements granted and/or modified therein. 12 IN WITNESS WHEREOF, the said Citizens Bank,N.A., a national banking institution, has caused its corporate seal to be affixed hereto and these presents to be signed this day of 2017, as a sealed instrument. Citizens Bank, N.A., a national banking institution, as Agent By: Name: Office: hereunto duly authorized COMMONWEALTH OF MASSACHUSETTS ss On this day of 2017, before me, the undersigned notary public, personally appeared , as of Citizens Bank, N.A., as agent, 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 as of Citizens Bank,N.A., and acknowledged said instrument to be the free act and deed of Citizens Bank,N.A., as agent. Notary Public My Commission Expires: 13 EXHIBIT A LEGAL DESCRIPTION OF EXISTING EASEMENT AREA 14 EXHIBIT A EXISTING EASEMENT AREA LEGAL DESCRIPTION That certain variable width access easement from Arsenal Street in Watertown, Massachusetts, across the WAA Parcel to the Town Parcel which easement is bounded and described as follows: Beginning at the northwesterly corner of the easement herein described at a point in the southerly location line of Arsenal Street as widened, said point of beginning being 605.26 feet easterly of (measured on the southerly line of Arsenal Street) the intersection of the easterly line of Talcott Street and southerly line of Arsenal Street; Thence South 78°47'56" East, by the southerly line of Arsenal Street, 58.64 feet to a point; Thence South 01°22'29" West, 137.96 feet to an angle; Thence South 00°22'13" West, 13.93 feet to the tangent point of a curve, having a radius of 6.0 feet; Thence southeasterly, by said curve to the left, the radius of which is 6.0 feet, 9.43 feet to the easterly end of said curve; Thence South 89°37'47" East, 177.00 feet to appoint of curvature of a curve to the left having a radius of 20.00 feet; Thence running northeasterly along said curve to the left having a radius of 20.00 feet, 31.42 feet to the end of said curve; Thence running North 00°22'13" East, 71.58 feet to a point of curvature of a curve to the left having a radius of 50.00 feet; Thence running northwesterly along said curve to the left having a radius of 50.00 feet, 49.76 feet to a point on the sideline of Arsenal Street as widened; Thence running South 85°14'23" East, along said southerly sideline of Arsenal Street, 99.41 feet to a point of non-tangent curvature of a curve to the left having a radius of 50.00 feet; Thence southwesterly by a curve to the left, the radius of which is 50.00 feet, 51.59 feet to the southerly end of said curve; Thence South 00°22'13" West, 110.00 feet to a corner; Thence North 86°56'45" West, 64.07 feet to an angle; Thence North 89°37'47" West, 175.00 feet to the tangent point of a curve leading southwesterly, the radius of which is 9.00 feet; Thence southeasterly, by said curve to the left, the radius of which is 9.00 feet, 14.14 feet to the southerly end of said curve; Thence South 00022'13" West, 207.00 feet to an angle; Thence South 04°13'24" West, 44.65 feet to an angle; Thence South 00°22'13" West, 65.00 feet more or less to a corner; Thence North 89°28'20" West, by the northerly property line of the Arsenal Park, 27.00 feet to a corner; Thence North 00°22'13" East, 315.47 feet more or less to an angle; Thence North 07°45'23" East, 54.45 feet to an angle; Thence North 00°22'13" East, 101.51 feet to the tangent point of a curve leading northwesterly, the radius of which is 48.24 feet; Thence northwesterly, by said curve to the left, the radius of which is 48.24 feet, 66.66 feet to the northwesterly end of said curve—said point being the point of beginning of easement; All as shown on"Proposed Access Easement" on a plan entitled, "Plan of Access Easement to Arsenal Park" in Watertown, Massachusetts, granted by Watertown Arsenal Associates" drawn by Linenthal Eisenberg Anderson, Inc. as dated August 27, 1982 and revised January 4, 1983 and October 18, 1983, and recorded in the Middlesex South Registry of Deeds as Plan No. 1349 of 1983. EXHIBIT B LEGAL DESCRIPTION OF ACCESS EASEMENT AREA 15 EXHIBIT B ACCESS EASEMENT AREA LEGAL DESCRIPTION A certain portion of land situated in the Town of Watertown, Middlesex County, Commonwealth of Massachusetts, being bounded and described as follows: Commencing at a point on the southerly sideline of Arsenal Street, being the northwesterly corner of Lot 2A; thence running along said southerly sideline of Arsenal Street S 78°47'56" E, a distance of 185.22 feet to the point of beginning. Thence running along said southerly sideline of Arsenal Street S 78047'56" E, a distance of 24.18 feet to a point; Thence turning and running on a curve to the left, having a radius of 7.50 feet, an arc length of 2.58 feet, a chord length of 2.57 feet, and a chord bearing of S 10°13'17" W to a point of tangency; Thence turning and running S 00°22'21" W, a distance of 151.07 feet to a point of curvature; Thence turning and running on a curve to the left, having a radius of 10.00 feet, an arc length of 0.61 feet, a chord length of 0.61 feet, and a chord bearing of S 01°21'57" E to a point of tangency; Thence turning and running S 03°06'16" E, a distance of 51.48 feet to a point; Thence turning and running S 00°22'13"W,a distance of 176.50 feet to a point of curvature; Thence turning and running on a curve to the left, having a radius of 30.00 feet, an arc length of 47.12 feet, a chord length of 42.43 feet, and a chord bearing of S 44°37'48" E to a point of tangency; Thence turning and running S 89°37'49" E, a distance of 169.35 feet to a point of curvature; Thence turning and running on a curve to the left, having a radius of 30.00 feet, an arc length of 47.12 feet, a chord length of 42.43 feet, and a chord bearing of N 45022'11" E to a point of tangency; Thence turning and running N 00°22'11" E, a distance of 143.07 feet to a point of curvature; Thence turning and running on a curve to the left, having a radius of 70.00 feet, an arc length of 13.62 feet, a chord length of 13.60 feet, and a chord bearing of N 05°12'13" W to a point of tangency; Thence turning and running N 10°46'37" W, a distance of 25.88 feet to a point of curvature; Thence turning and running on a curve to the left, having a radius of 8.00 feet, an arc length of 0.85 feet, a chord length of 0.85 feet, and a chord bearing of N 13°50'02" W to a point of tangency; Thence turning and running N 16°53'27" W, a distance of 40.95 feet to a point; Thence turning and running N 00°22'10" E, a distance of 109.93 feet to a point of curvature; Thence turning and running on a curve to the left, having a radius of 30.00 feet, an arc length of 26.50 feet, a chord length of 25.65 feet, and a chord bearing of N 24056'25"W to a point of non-tangency on the southerly sideline of Arsenal Street; Thence turning and running along said southerly sideline of Arsenal Street S 85°14'23" E, a distance of 68.77 feet to a point; Thence turning and running on a curve to the left, having a radius of 30.00 feet, an arc length of 26.03 feet, a chord length of 25.22 feet, and a chord bearing of S 25013'27" W to a point of tangency; Thence turning and running S 00°22'10" W, a distance of 71.50 feet to curvature; Thence turning and running on a curve to the left, having a radius of 50.00 feet, an arc length of 7.10 feet, a chord length of 7.10 feet, and a chord bearing of S 03°42'04" E to a point of tangency; Thence turning and running S 07046'17" E, a distance of 43.47 feet to a point; Thence turning and running S 00053'31" E, a distance of 45.73 feet to a point; Thence turning and running S 00°21'54"W, a distance of 215.57 feet to a point; Thence turning and running N 89°37'49" W, a distance of 257.64 feet to a point of curvature; Thence turning and running on a curve to the left, having a radius of 7.00 feet; an arc length of 11.01 feet; a chord length of 9.91 feet, and a chord bearing of S 45°17'46" W to a point of tangency; Thence turning and running S 00°13'21" W, a distance of 18.35 feet to a point; Thence turning and running S 03°21'19" E, a distance of 19.15 feet to a point; Thence turning and running S 01°25'19" W, a distance of 24,38 feet to a point; Thence turning and running S 07°33'21" E, a distance of 1.81 feet to a point; Thence turning and running N 89°28'20" W, a distance of 26.91 feet to a point; Thence turning and running N 02°04'10" E, a distance of 37.27 feet to a point; Thence turning and running N 00°22'13" E, a distance of 278.47 feet to a point; Thence turning and running N 06°51'10" E, a distance of 49.94 feet to a point of curvature; Thence turning and running on a curve to the left, having a radius of 16.00, an arc length of 1.87 feet, a chord length of 1.86 feet, and a chord bearing of N 03°30'47" E to a point of tangency; Thence turning and running N 00010'23" E, a distance of 123.81 feet to a point of curvature; Thence turning and running on a curve to the left, having a radius of 36.00, an arc length of 23.95 feet, a chord length of 23.51 feet, and a chord bearing of N 18°53'06" W to the point of beginning; Containing an area of 34,154 Square Feet more or less, as shown on a plan entitled, "Easement Plan, "arsenal Mall", Arsenal Street, Watertown, Mass.", dated June 28, 2017, prepared by Feldman Land Surveyors.