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HomeMy WebLinkAboutLegal Document - 1003 OSGOOD STREET 10/10/2006 Sk 104-31t ' AMM KE"r OF''EASEMENT Reference is made to a plan of land in North Andarver, Essex County, KA, entitled; Site Development & Landscape Plain, Assessors Map, 35, Lot 20, la,2s Osgood street, Forth Andover, b1assachusetts, Dated lanuary 28, prepared by MHP Design Consultants, Inc., and attached hereto ("the Easement plan"}. For good and valuable coerayderaa pan, the sufficiency and receipt of which are hereby acknowledged, the tsdersigned,. being the owners Of thOse certain parcels of land with all improvements thereon and located Gn the southerly saw of Osgood Street, fforth Andover, Essex County, m, all as mare particularly described in TMExhihit A" annexed hereto prior to the execution hereof and herein incorporated by reference as if fully set out hereon (hereinafter termed, "1025 Osgood Street Parcel's and, 111003 Osgood Street. Parcel'), hereby gran t reserve to themselves, their respective successors and assigns, the E0110wi ng rights and easements, to Wit: l_ A temporary easement for the benefit of the 1025 Osgood Street Parcel, covering and conce=ing that portion of the IGG3 Osgood Street Parcel abutting the 1025 Osgood Street. Parcel which is designated on the said Easement Flan as "Temporary Grading Easement.it The easement is granted to allow the serf the lots Cagood Street Parcel, its assents, servants and .r the limited onto'- the Temporary Grading Easement area by foot or by vehicle fo purpose of completing the construction of the driveway and parking area which will serve the improvements to be erected on the said loos Osgood Street parcel. 2. A permanent easement for the benefit of the 1625 Osgood Street Parcel, covering and concerning that portion of the 1003 osgood Street Parcel abutting the 10255 Oagood street Parcel which is designated on the said Easement RIM as *Prop_ la, x 1ol Conc. Pad for nr mpster w/ fenced Enclosure & c!ap cad Herm.v The easement is granted to allow the owner of the 1025 Osgood: Street Parcel, its agents, servants and employees, to enter that area by foot or by vehicle to construct, install, maintain, replace and repair a< concrete pail and dumpster with surrounding fence and asphalt berm. The Obligation to 'natal" maintain, repair, replace and keep all portions of the constructed or in talied improvements shrill be shared equally by the Owners Of the 5025 Osgood Street Parcel and the JQQ3 Osgood Street Parcel. 3. (Al . A permanent easement, in common: with anthers entitled thereto, cover, across and through the paved areas of the 1-@2s Osgood street Parcel for the benefit of the :0003 Osgood Street parcel, fare the saale and limited p apose of access to and egress from the said 1¢03 osgoad_ Street Parcel to 'Great Pon&' Road, by foot Or by means of vehicle- (s). A permanent easement, in common with others entitled thereto, over, across and through the paved areas Of the 1003 Osgood Street Parcel for the bexjfit of the lo25 Osgood Scree parcel., for the sane and limited, purpose Of 1DFNM-, PROFESS10KA-A S5€ICFAM N aoG BRECKS'NE SQUARE Bk 10431 Pg 324 ##34448 access to and egress from the said 1025 Osgood street Parcel to Osgood street, by foot or by means of vehicle. 4_ A permanent easement for a common, driveway and parking over, across and through that portion of the 1003 Osgood Street Parcel abutting the Tats Osgood Street Parcel, which area is designated on the said Easement Plan as 'Proposed Parking and Driveway Easement," for the benefit of both the 1025 Osgood Street Parcel and the 1403 Osgood, Street Parcel, for the purposes of: (a) access to and egress from Osgood street, by foot or by means of vehicle, to both the 1025 Osgood Street Parcel and the 1003 Osgood street Parcel, and (b) vehicular parking in the designated spaces for the benefit of the 1025 Osgood Street Parcel_ in the designated spaces which are located within said "Parking and Driveway Easement". Such easement skull be for the unrestricted joint use by the owners of the said 1003 Osgood Street Parcel and the 1025 Osgood Street Parcel, and their successors in title. it is hereby further agreed by the undersigned that an equal portion of the cost of installation, maintenance, replacement and repair of the said OParking and Driveway Easementm area shall be borne by the respective owner(s) of said 1003 Osgood Street Parcel and the 1025 Osgood Street Parcel, and their successors in title_ 5. A permanent easement over, across, through, and under the 1025 Osgood Street Parcel for the benefit of the 1003 Osgood Street Parcel, for the sole and limited purpose of permitting the owner of the said 1003 Osgood Street Parcel, all at its sole risk, cost, and expense, to enter to make connections, and to maintain, repair and replace satire, to the underground sanitary sewer lime, municipal water supply, natural gas supply, and/or electricity supply (as they currently exist or as such facilities as may be constructed or installed at a later time) to serve the improvements on the saidIGG3 Osgood Street Parcel. All such work shall be planned and completed according to the then applicable ordinances and/or regulations of the Town of North Andover. it shall be the sole obligation of the owner of the said 1003 Osgood Street Parcel to restore any and all areas of the 1025 Osgood Street. Parcel thereby disturbed to the condition which existed immediately prior to the work having been commenced. For Title References see the following: (A) 1025 Osgood Street Parcel: Freed to Great Pond Crossing, I,t,G, dated Octaber 10 , 2005 and recorded Ak with, Baia Deeds (B) 1003 Osgood street Parcel: Deed to 1003 Osgood Street,. LLC, dated: October 14, 2005—, .2 and recorded at gook qA 27 Page I gg The easement grants set forth herein are to and shall run with the land, and is and shall be for the benefit of and appurtenant to and a burden to the said 1003E Osgood Street Parcel and the IG25 Osgood Street Parcel, their current owners and their successors in title. 2 Bk 10431 Pg 325 #34448 Fxe=ted as a sealed i.=trumerst, eaf oWnF 0-p TAB :Luiz!j OSGOOD STREET' PARCEL* Grp ssilxg, LLC t Manager CSR OF, THE IQQ OS D- ST"ET PARCEL: jQ,G3 Osgood Street, ILC _ a G. a Na retch duly aauth ar z 3 Bk 10431 Pg 326 # 34448 CCMONWgALTjj Gy MAsSACRUSEVITS Essex, as on this day of , U- �w before me, the undersigned notary public, personally appeared 444 hereto duly' authorized mans er of reat Pond crossing, LLC, proved to me through satisfactory evidence of identification, wh' Ise the person, whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its sta purpose. LAtalk COMMONWEALTH OF MASSACHUSETTS USETTS Essex, ss on this j day of 41-11 2006, before- me, the undersigned notary public, personally appeared Joseph G. Levis, i hereto duly authorized Manager of 1003 Osgood street, TLC, , , proved to me through satisfactory evidence of identification., ich eras,r�tA e the person whose nacre is signed on the preceding.- document, and acInow-16dged to me that he signed it voluntarily for its stated purpose. It v 4 Bk 10431 Pg, 327 #3444B If ILE It 0 oul,I Jew fit ... .......... apt, IKE VY lee,