A communication transmitted from Louis A. DePasquale, City Manager, relative to the following requests relative to the eminent domain taking of 185 Larch Road: 1. Appropriate $7,702,000 from Free Cash to the General Fund Law Department Travel & Training (Damages) Account to cover the pro tanto payment toward the expenses of acquisition as required by the above referenced Sections of Chapters 40 and 43 of the General Laws for the property located at 185 Larch Road owned by BB&N; 2. Approve an Order to take by eminent domain a 185 Larch Road; and 3. Appropriate $10,798,000 from Free Cash to the General Fund Law Department Travel & Training (Damages) Account to fund the settlement of BB&N’s remaining eminent domain damages claim

City of Cambridge Agenda Item 11B IN CITY COUNCIL December 21, 2020 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 open space or any other 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 open space or any other municipal purposes the parcel of land located at 185 Larch Road, Cambridge, County of Middlesex, Massachusetts as hereinafter bounded and described and any buildings and trees thereon; and WHEREAS: An appropriation duly made by the City Council on December 21, 2020, 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 185 Larch Road, 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 open space or any other 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: Three parcels of land in Cambridge shown as Lots A, B and C on a plan by E. F. Bowker, C.E., dated November 6, 1905, recorded with Middlesex South District Deeds, Plan Book 157, Plan 45, and together bounded and described as follows: Westerly by Larch Road by two lines, one hundred eighty (180) feet and one hundred thirty and 46/100 (130.46) feet, respectively; Northwesterly by Wyeth Terrace by two lines, two hundred forty-seven and 41/100 (247.41) feet and one hundred seventy-three and 43/100 (173.43) feet, respectively; Northeasterly by land now or formerly of the Curling Club, Corcoran, Gibson, Gardner, Stone, Xavier, and of Demmon heirs, six hundred thirty and 25/100 (630.25) feet;

Southerly by land now or formerly of Rice and Niles and of F. P. Fish by two lines, one hundred fifty-nine and 69/100 (159.69) feet and two hundred ninety-three and 29/100 (293.29) feet, respectively. Excepting therefrom the above-described premises is that portion taken in fee by the Commonwealth of Massachusetts acting by and through its Department of Public Works for the layout and construction of a traffic artery (Layout No. 2557) (Fresh Pond Parkway), dated May 1, 1929 and recorded at Book 5354, Page 342, as confirmed by deed from The Buckingham School to the Commonwealth of Massachusetts, acting by and through its Department of Public Works, dated July 2, 1929 and recorded at Book 5377, Page 2, containing an 11,104 square foot parcel of land as shown on Plan 533 of 1929. Note that Wyeth Terrace is now part of Fresh Pond Parkway. For title to said parcel of land see Middlesex South Registry of Deeds Book 9840, Page 141. The pro tanto damages awarded with respect to said Parcel of Land are seven million and seven hundred and two thousand ($7,702,000) Dollars and the supposed owner is Buckingham Browne & Nichols School. 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 open space or any other municipal purposes and for all purposes and uses accessory thereto. In City Council December 21, 2020. Adopted by a yea and nay vote:- Yeas 8; Nays 1; Absent 0. Attest:- Anthony I. Wilson, City Clerk A true copy; ATTEST:- Anthony I. Wilson City Clerk