A communication transmitted from Louis A. DePasquale, City Manager, relative to a recommendation that the City Council approve an Order to take by a so-called “friendly” eminent domain proceeding a 3-story office building comprising approximately 25,385 square feet (30,227 square feet with usable basement space) on a 0.23 acre lot located at 689 Massachusetts Avenue, Cambridge, MA 02139

1 City of Cambridge Agenda Item 10B IN CITY COUNCIL June 13, 2022 ORDER OF TAKING WHEREAS: By Section 30 of Chapter 43, Section 14 of Chapter 40, and Chapter 79 of the General Laws, all as amended, it is provided that the Cambridge City Council may take in fee in the name of the City for any municipal purpose any land within the limits of the City not already appropriated for public use; and WHEREAS: The City Manager of Cambridge and City Council, in order to provide for land for municipal purposes, have approved and authorized that the City should under the provisions of the aforesaid Chapters of the General Laws take and hold for general municipal purposes the parcel of land located at 689 Massachusetts Avenue, Cambridge, County of Middlesex, Massachusetts as hereinafter bounded and described and any buildings and trees thereon, owned of record by The Unitarian Universalist Service Committee, Inc. by virtue of deed dated May 17, 2007 and recorded in Book 49483, Page 550; and WHEREAS: An appropriation duly made by the City Council on June 6, 2022, is sufficient to cover the estimated pro tanto expenses of acquisition as required by the aforesaid Sections of Chapters 40 and 43; WHEREAS: by virtue of and in pursuance of the authority conferred by said Chapters of the General Laws and by every other power and authority it thereto enabling, the City of Cambridge by its City Council does hereby take the land located at 689 Massachusetts Avenue, Cambridge, County of Middlesex, Massachusetts and hereinafter described, and all privileges and appurtenances thereto belonging as well as all trees and all structures thereon, excepting any easement of record, for general municipal purposes and for all purposes and uses accessory thereto. Intending to take and hereby taking in fee simple all land, excepting any easement of record, included within such description by whomsoever the same may be owned, vis: Two parcels of land located on Massachusetts Avenue, in Cambridge, Commonwealth of Massachusetts, being bounded and described as follows: Parcel One A certain parcel of land with the buildings thereon situated and lying in Cambridge, Middlesex County, Commonwealth of Massachusetts, and bounded and described as follows: Beginning at point in the northeastwardly line of Massachusetts Avenue at the corner of a granite Property Address: 689 Massachusetts Avenue, Cambridge, MA

2 pillar which marks the southeast corner of the premises herein which said point is distant one hundred (100) feet southeastwardly from Temple Street and thence running northeastwardly by land now or formerly of the Joy estate fifty and ten hundredths (50 10/100) feet, thence turning and running northwestwardly by said Joy estate thirty-five hundredths (35/100) of a foot, thence turning and running northeastwardly again by said Joy estate twenty-four and ninety hundredths (24 90/100) feet, thence turning and running southeastwardly again by said Joy estate eighty-six hundredths (86/100) of a foot thence turning and running northeastwardly again by land now or formerly of Robbins et al one hundred and ten and ten hundredths (110 10/100) feet to land now or formerly of Emerson & Slater, thence turning and running Northwestwardly again one hundred and one and twenty-six hundredths (101 26/100) to Temple Street, thence turning and running Southwestwardly by said Temple Street one hundred eighty-four and eighty-nine hundredths (184 89/100) feet to Massachusetts Avenue, thence turning and running southeastwardly again by said Avenue one hundred (100) feet more or less to point of beginning. Excluding from the above-described, that portion of the premises conveyed to Saiman Sirk by deed dated April 30, 1907 and recorded with Middlesex South District Registry of Deeds at Book 3297, Page 170. Together with the benefit of matters as set forth or reserved in Deed by Cambridgeport Savings Bank to Saiman Sirk dated May 1, 1907 and recorded at Book 3297, Page 170, as affected by Indenture dated May 12, 1969 and recorded at Book 11678, Page 496 by and between John F. Rich, et al., Trustees of Negea Realty Trust, and Cambridgeport Saving Bank which document extinguishes any restrictions agreements and reservations set forth in the deed at Book 3297, Page 170. Parcel Two A certain parcel of land with the buildings thereon in Cambridge, Middlesex County, Massachusetts, being shown as “Parcel C” on a plan entitled “Plan of Land in Cambridge, Mass.,” dated March 10, 1969, William S. Crocker, Inc., Civil Engineers and Surveyors, Boston, Mass., recorded with the Middlesex South Registry of Deeds in Plan Book 11678, Page 496, bounded and described as follows: Beginning at a point in the southeasterly line of Temple Street distant northeasterly on said line of said Temple Street 97.50 feet from its intersection with the northeasterly line of Massachusetts Avenue and thence running southeasterly on abutting land of Cambridgeport Savings Bank 26.54 feet; thence turning and running northeasterly in a straight line 3.50 feet; thence turning and running northwesterly by remaining land of said Trustees 26.54 feet to Temple Street aforesaid; thence turning and running southwesterly by said Temple Street 3.50 feet to the point of beginning. Containing 92.9 square feet more or less of land. Parcels One and Two above are also described as follows: Certain parcels of land with any improvements thereon being situated in the City of Cambridge, County of Middlesex and Commonwealth of Massachusetts, and being more particularly bound and described as follows:

3 Beginning at a granite building corner at the intersection of the northeast line of Massachusetts Avenue (variable width) with the southeast line of Temple Street (variable width); Thence, along the southeast line of Temple Street, North 45 deg. 00’ 00” East, 101.00 feet to a capped rebar set; Thence, leaving the southeast line of Temple Street, South 45 deg. 04’ 59” East, 100.04 feet to a capped rebar set; Thence, Southeast 45 deg. 01’ 11” West, 101.00 feet to a granite building corner on the northeast line of Massachusetts Avenue; Thence, along the northeast line of Massachusetts Avenue, North 45 deg. 04’ 59” West, 100.01 feet to the Point of Beginning and containing 0.2319 acres (10,102 square feet) of land, more or less. Said Parcels One and Two being shown as Parcels 1 and 2 on a plan Entitled “ALTA/ASCM Land Title Survey” of land prepared by Millman Surveying, Inc. 659 Massachusetts Avenue, City of Cambridge and recorded with the Middlesex South Registry of Deeds as Plan No. 1647 of 2006. This taking is subject to all legal highways and easements of record. The pro tanto damages awarded with respect to said Parcel of Land are Eleven Million, Five Hundred Fifty-One Thousand, and Two Hundred and Eight ($11,551,208) Dollars and the supposed owner is The Unitarian Universalist Service Committee, Inc.

4 NOW THEREFORE BE IT ORDERED: The taking of fee simple title in the Parcel of Land, excepting any easement of record, along with all buildings and trees thereon herein described is hereby authorized in accordance with General Laws, Chapter 40, Section 14, Chapter 43, Section 30 and Chapter 79, all as amended for general municipal purposes and for all purposes and uses accessory thereto. In City Council June 13, 2022. Ordained as amended by a yea and nay vote:- Yeas 9; Nays 0; Absent 0. Attest:- Paula M. Crane, Interim City Clerk A true copy; ATTEST:- Paula M. Crane Interim City Clerk