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CMA 2016-285

The plan to take Vail Court by eminent domain

How it started
Submitted by Richard C. Rossi, City Manager — his response to the Council’s order about the plan to take Vail Court by eminent domain (AR 16-16).
What happened
Adopted — the Council approved it (Order adopted — unanimous · Sep 26, 2016)

Voted yes (8) — unanimous

  • Dennis Carlone
  • Leland Cheung
  • Jan Devereux
  • Craig A. Kelley
  • David Maher
  • Marc McGovern
  • Timothy J. Toomey
  • E. Denise Simmons

Did not vote (1)

  • Nadeem Mazen

The roll call records 8 of the 9 seated members (roster: 2016–17 term). The clerk's record does not state whether Councillor Mazen was absent or abstaining on this vote.

Roll call from the city's record · photos: City of Cambridge
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Order adopted, 8–0Sep 26, 2016
Referred for reportAR 2016-16Mar 14, 2016
Administration answeredCMA 2016-285Sep 26, 2016 · answered in 196 days

The item's path through the council — every recorded step. How the request pipeline works

The document Agenda item attachment · 3 pages

described, parcel located at 1-15 Vail Court, Cambridge, County of Middlesex MA and all privileges and appurtenances thereto belonging as well as all trees and all structures thereon, excepting any easement of record shown on the plan recorded herewith, for municipal purposes, including but not limited to, inter alia, a place for the creation of affordable, senior, and/or transitional housing and 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 shown on the plan recorded herewith, included within such description by whomsoever the same may be owned. Vis:

A certain parcel of land with the buildings thereon, now numbered 1-15 Vail Court (also known as 139 Bishop Richard E. Allen Drive) situated in Cambridge, Middlesex County, Massachusetts, being shown on a plan recorded with Middlesex South District Deeds, in Plan Book 260, Plan 1, bounded and described as follows:

SOUTHWESTERLY by Austin Street, one hundred (100) feet, one (1) inch;

SOUTHEASTERLY by land now or late of Bailey and Hubbard, two hundred eighty-

eight (288) feet;

NORTHEASTERLY by land now or late of Chaplin, one hundred six (106) feet; and

NORTHWESTERLY by land formerly of Shawmut National Bank, this line passing

through the center of a partition wall separating the house formerly

standing on these premises from the house formerly standing on

the adjoining land.

Containing about twenty eight thousand, one hundred seventy six (28,176) square feet more or less.

The above described Parcel of Land is more particularly shown on a plan dated June 4, 2016, prepared by John J Russell, Land Surveyor of Northern Associates, Inc. of Andover, MA and attached hereto and to be recorded herewith (“Plan”).

For title to said Parcel of Land see Middlesex South Registry of Deeds Book 67489, Page 597.

The damages awarded with respect to said Parcel of Land are Three Million Seven Hundred Thousand ($3,700,000) Dollars and title to said property is vested in Said S. Abu-Zahra, Trustee of Equity Realty Trust u/d/t dated March 21, 2014 and recorded with Middlesex South Registry of Deeds (“Middlesex So.”) in Book 63397, Page 283 by virtue of deed dated June 23, 2016 and recorded in Book 67489, Page 597 subject to a civil action filed by Abeer, Inc. v. Six S. Realty Trust, et.al. in the Middlesex Superior Court, on October 21, 2013 bearing civil action no: 1381CV04600 seeking to enforce an alleged offer to purchase the subject property.

ORDERED: The taking of fee simple title in the Parcel of Land, excepting any easement of

record shown on the Plan attached hereto and to be recorded herewith, along with

all buildings and trees thereon herein described is hereby authorized in

📊 From here the report is project tables and figures — which don’t survive text extraction faithfully. Read them in the original PDF.

↩ Answers awaiting report: Awaiting report 2016 · #16

Public Comment (1)

1 written comment received (2016-10-17). Letter-writers are named in the city's own agenda and are not republished here, by policy.