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A communication transmitted from Louis A. DePasquale, City Manager, relative to the Talbot Street Easement Disposition

CMA 2022 #49·Council meeting Mar 7, 2022·19 pages·📄 Original PDF (city portal)
Massachusetts Institute of Technology Kristin Garvin Counsel Office of the General Counsel Building NE36-6220 105 Broadway Cambridge, Massachusetts 02142 Phone 617–253-8721 Fax 617–258-0267 Email [email removed] 1144300.v1 January 4, 2022 Louis A. DePasquale City Manager 795 Massachusetts Ave., 1st Floor Cambridge, MA 02139 Email: citymanager@cambridgema.gov Re: Request for Abandonment of Easement – 285 Vassar Street, Cambridge, MA (the “Property”) Dear Mr. DePasquale: Massachusetts Institute of Technology (“MIT”) respectfully requests that the City of Cambridge formally abandon a sewer easement on the Property marked as “Sewer Easement” on Parcel B shown on Land Court Plan 12367A, a copy of which is attached hereto as Exhibit A (the “Land Court Easement”). MIT is making this request to resolve ambiguity in the title to the Property. Pursuant to that certain Grant of Easement by and between MIT and the City of Cambridge dated as of July 1, 2020, and recorded with the Registry in Book 75603, Page 326 and registered with the Land Court as Document Number 1853184 (the “New Easement Agreement”), the City of Cambridge obtained certain easement rights under MIT real property, including the Property. A copy of the New Easement Agreement is attached hereto as Exhibit B. The easement rights granted in the New Easement Agreement supersede and replace the easement rights of the City granted in the Land Court Easement. The Land Court Easement is abandoned and no longer in use and has been replaced in its entirety by the facilities described in the New Easement Agreement. We believe that the current value of the Land Court Easement is nominal. In addition, we believe that abandonment of the Land Court Easement is of such little significance that the full process set forth in Chapter 2.110 for the disposition of City property would be burdensome and that a diminution of the process as set forth in Section 2.110.010G is appropriate in these circumstances. Please let me know if you have any questions or if you need additional information from MIT. Best, Kristin Garvin Kristin Garvin cc: Sarah Gallop Joe Higgins Glen Shor
1144300.v1 Exhibit A Land Court Easement
1144300.v1 Exhibit B New Easement Agreement [See attached]