HomeMy WebLinkAboutLegal Document - 160 FLAGSHIP DRIVE 11/24/1997 GRANT OF EASEMENT
This Grant of Easement and Agreement ("Agreement") is made as of this'ZIday of
K 099- , 1997, by and between PAUL J. KNEELAND, TRUSTEE OF BUSINESS
PARK REALTY TRUST, u/d/t dated April 25, 1985, and recorded with the Essex North District
Registry of Deeds in Book 1962, Page 50, as amended ("Business Park Trust"), having a mailing
address of c/o Channel Building Company, Inc., 355 Middlesex Avenue, Wilmington,
Massachusetts 01887, and FLAGSHIP, LLC, a Massachusetts limited liability company, with its
principal place of business at 150 Flagship Drive,North Andover, Massachusetts ("Flagship").
RECITALS
WHEREAS, the Trust is the owner of land located at the intersection of Flagship Drive
and Willow Street South Extension,North Andover, Essex County, Massachusetts, which
property is more particularly shown as Map 25, Lot 75 (the "Trust Property") on a plan entitled
"Grading and Utilities Plan, Assessors Map 25-=Lot 75, Flagship Drive, North Andover,
Massachusetts 01845 prepared for: Channel Building Company, Inc., 355 Middlesex Avenue,
Wilmington, Massachusetts 01887," dated July 28, 1997 (the "Plan").
WHEREAS,Flagship is the owner of land immediately adjoining the Trust Property,
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which land is shown as Map 25, Lot 82, on the Plan(the "Flagship Property");
WHEREAS, the Trust wishes to develop the Trust Property with certain building and
accessory improvements requiring the Trust to carry out paving work, and to install and maintain
lawn areas on the Flagship Property;
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WHEREAS, the Trust and Flagship each desire to confirm arrangements for landscaping
and paving work to be performed on the Trust Property and the Flagship Property in connection
with the development of the Trust Property;
NOW THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereto agree as follows:
AGREEMENTS
1. Flagship hereby grants to the Trust for the Trust's benefit and the benefit of all
persons claiming by, through or under the Trust, which shall include, for purposes of this
Agreement, without limitation, all customers, employees and agents of the Trust, employees and
agents of the Town of North Andover, and visitors and vendors doing business at the Trust
Property, subject to the terms and provisions of this Agreement, for the appurtenant benefit of the
Trust Property, the following:
(a) the right and easement to fine grade, loam, seed, mow and maintain, from time to
time, on those certain areas designated on the Plan, attached hereto as Exhibit A, as
"Landscaping Easement Area"; and
(b) the right and easement to perform earthwork operations and install and replace
paving on a certain area designated on the Plan, attached hereto as Exhibit A, as
"Paving Easement Area".
2. Any work undertaken on or in respect of the Flagship Property incident to the
exercise of the rights and easements granted in this instrument shall be diligently prosecuted to
completion and performed in a good and workmanlike manner, free of liens for labor and
materials, and shall be paid for by the Trust. The Trust agrees to hold Flagship harmless from any
liability arising out of said work and the exercise of said rights and easements. The Trust shall
provide ample prior notice to Flagship as to the scheduled time and nature of any such work.
Flagship agrees to assume responsibility for the maintenance of the Landscaping Easement Area
granted in this instrument following the completion of all \ ork undertaken on or in respect of the
exercise of the rights and easements granted in this instrument. The Trust shall be responsible for
the maintenance and replacement of the Paving Easement Area.
3. Flagship expressly reserves to itself and its successors and assigns the right to use,
or grant to others, the surface and subsurface of the easement areas created hereby for any and all
purposes, so long as such purposes do not materially interfere with the rights granted herein to the
Trust.
4. This Agreement and the rights contained herein, including any and all changes or
modifications that may be made, shall be binding upon and inure to the benefit of, the parties and
their respective heirs, successors, and assigns, and nothing contained herein will be deemed or
construed as a waiver or modification of any other or greater right contained in any other
agreement previously entered into by the parties.
5. The covenants and agreements created hereby are intended to be, and shall be
deemed to be, covenants running with the land and are not personal to any individual party.
6. All notices and other communications to be given in connection with this
Agreement shall be in writing and shall be deemed given and delivered when mailed by
registered or certified mail, postage prepaid, return receipt requested, addressed to such party at
the respective addresses set forth in the introductory paragraph above.
IN WITNESS WHEREOF, the parties hereto have executed this instrument under seal as
of the date first above written.
BUSINMSPARK RE LTY TRUST
By: US 7
Pail J. Knee n rustee and not
individually
FLAGSHIP, LLC, a Massachusetts limited
liability company
By:
Name:
Its:
COMMONWEALTH OF MASSACHUSETTS
al(D 0L.r�F�C , ss oouEH 8e-Z _ , 1997
Then personally appeared the above-named Paul J. Kneeland, Trustee as aforesaid, and
acknowledged the foregoing instrument to be his free act and deed, before me,
Nota u i
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COMMONWEALTH OF MASSACHUSETTS
E , ss NOWM 04Z 2V , 1997
Then personally appeared the above-named, L#,4RZA;S &2- , rP6�pdk'q`
of Flagship, LLC, and acknowledged the foregoing instrument to be his free act and deed and the
free act and deed of Flagship, LLC, before me,
Nota
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