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Order: That the City re-take public property for purposes compliance with federal regulations regarding public improvements in accordance with the Safe Routes to School Infrastructure Project on Pleasant St., Elm Street and Highland Ave.
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WHEREAS, the City of Malden, (hereinafter called the "City") is a public body politic and corporate, organized and existing pursuant to the provisions of the Massachusetts General Laws, with offices at 200 Pleasant Street, Malden, Middlesex County, Massachusetts; and
WHEREAS, pursuant to M.G.L. Chapter 43, Section 30 and Chapter 79, Section 1 (together, the "Act"), the City has the power to purchase, lease or otherwise acquire real property; and
WHEREAS, in accordance with the provisions of resolution of the City Council, dated June 24, 2014 the city has voted to participate in the safe routes to school infrastructure project (the "Project"); and
WHEREAS the City has determined that certain land as identified below (the "Property") is required to be acquired in order to carry out the Project; and
WHEREAS, approval to acquire the Property has been recommended by the City staff overseeing the Project;
NOW, THEREFORE, it is ORDERED that, acting through and under the authority of the and pursuant to the powers set forth in the Act and all other authority thereunto enabling, and pursuant to the provisions of Massachusetts General Laws, Chapter 79, as amended, and of any and every power and authority to it, granted or implied, the City of Malden hereby takes for itself by eminent domain in fee simple the property known as Harris Delta in Malden, Massachusetts. The Property taken comprises 5, 253 square feet of land and is more particularly described in the deed of taking recorded in the Middlesex Registry of Deeds on October 2, 1902 in Book 139 Page 028.
Said taking is made for purposes associated with the Project.
The Property is supposed to be owned by City of Malden, pursuant to taking referenced above.
This taking except as provided below, is made together with any and all easements and rights appurtenant thereto, including trees, buildings, and other structures standing upon or affixed thereto and including the interests of the supposed owners, if any, in all public streets, highways, and public ways within or adjacent to the Property.
Excepting from the rights taken are all easements for wires, pipes, conduits, poles and other appurtenances for the conveyance of water, sewerage, gas, oil, steam electricity and telephone communication and other utilities now lawfully in or upon the Property.
AND FURTHER ORDERED that in accordance with the provisions of Massachusetts General Laws, Chapter 79, Section 6, as. amended, an award is made by the City of Malden for damages sustained by the owner or owners and all other persons, including all mortgages of record, having any and all interest in the Property and entitled to any damages by reason of the taking. The City of Malden reserves the right to amend the award at any time prior to payment for good cause shown.
AND FURTHER ORDERED that a representative of the City of Malden shall cause this Order of Taking to be recorded in the Middlesex (South) Registry of Deeds, Massachusetts and shall notify the Treasurer and Collector of Taxes in the City of Malden of this taking in accordance with M.G.L. c. 79, s. 7F.