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HomeMy WebLinkAboutMiscellaneous - 55 SHERWOOD DRIVE 2/14/2000 s elm.1 s��ycr�-�.--��.—� �w-E. e-� -tea 5�•-•-�-- EASEMENT AND AGREEMENT FOR SUBSURFACE SANITARY DISPOSAL SYSTEM Lot #17 and #18 Sherwood Drive North Andover, MA THIS EASEMENT AND AGREEMENT made this day of , 1.997 by and between of Massachusetts, (hereinafter called "Grantor" ) , and , of Massachusetts, (hereinafter called "Grantee" ) , WHEREAS, the Grantor is the owner of the property known as Lot #17 shown on a plan entitled "Planned Residential Development, Jerad Place - Phase IV, designed for Timberland Builders, Inc . , 15 Clement Court, Haverhill, Mass, prepared by Thomas E. Neve Associates, Inc. of Topsfield, Mass . dated September 1, 1995 and revised to March 12, 1996 " said plan being recorded at the Essex North District 'Registry of Deeds as Plan No . 12805 . WHEREAS, the Grantee is the owner of the property known as Lot #18 shown on the aforementioned Plan No. 12805 . WHEREAS, the Grantee proposes to construct a septic system to service said Lot #18, which system will entail installation of piping, distribution box, septic tank, effluent connection lines with appurtenances thereto and/or sewer pipes which shall be connected to a series of leaching pipes, (which hereinafter shall be referred to as the "septic system" ) , which septic system shall be located on Lot #17 . WHEREAS, in order for the Grantee to effect such construction, it will be necessary to enter upon the Grantor' s property. NOW, THEREFORE, for and in consideration of the sum of One and 00/100 ($1 . 00) Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant, convey and release unto the Grantee, its successors, legal representatives and assigrAs, a permanent right and easement to enter upon certain property known as Lot #17 , to construct, lay, operate, maintain, inspect, repair, remove and replace a sewer pipe and leaching pipes and to lay, operate, maintain, inspect, repair, remove and replace any part or the whole of the septic system as described in plan; enti-,`.led "Sanitary Disposal System designed for Timberland Builders, Inc . , Lots 17 & 18 Sherwood Drive, North Andover, Mass . , prepared by Thomas E. Neve Associates, Inc. of Topsfield, Mass . dated October 1 , 1996" and approved by the North Andover Board of Health on , 1997 , together with a right of ingress and egress for any and all said purposes, including the removal of growing crops, trees, or shrubs, therefrom, and the right to bring upon said Easement such equipment as may be necessary to do any and all acts deemed necessary to maintain, operate, inspect, repair, excavate and replace sewer and leaching "Uses or any other element of the septic system in or over that portion of the said property which is owned by the Grantor. Grantee agrees to return the premises to its present state following construction of the project and following each subsequent entrance upon the property for the purpose of maintaining the system. Grantee agrees to maintain the sewer pipe and leaching pipes and all other elements of the septic system, including necessary repairs and replacements . Said elements of the septic system shall be the property of the Grantee and shall not become a fixture to Grantor' s property and shall forbid the introduction of hazardous or toxic materials which may interfere with the proper operation of the septic system. Any action by the Grantee pursuant to this Easement and Agreement shall not be deemed a trespass and the Grantor does hereby indemnify and hold harmless the Grantee for any and all damages incurred by said Grantee as a result of this Easement and Agreement other than willful or intentional acts of the Grantee, its agents , employees or assigns . The Grantor, his heirs, successors, transferees and assigns shall be prohibited from placing, constructing or maintaining any driveways, fixtures, structures, trees or shrubbery on the easement area, and shall be prohibited from placing, constructing or maintaining any underground utilities or fences on the property that would have the effect of impeding access from Lot 18 to Lot 17, for purposes of maintaining, inspecting, operating, repairing and replacing the septic system. It is the intention of the parties that the Easement area shall be loamed and seeded, and shall remain a lawn area . This Easement shall terminate at such time as the Grantee extends and completes a connection to a public sewer or treatment works , to include services to Grantor' s property and the properties shown on the referenced Plan No. 12805 . It is expressly provided that this Easement is appurtenant to Lots 17 and 18 and shall run with the land. To have and to hold the aforementioned described Easement to the proper use and benefit of the Grantee, its successors , legal representatives and assigns . Executed on the day and date first above written. GRANTOR: GRANTEE: 1 COMMONWEALTH OF MASSACHUSETTS Essex, ss . , 1997 Then personally appeared the above-named, and acknowledged the foregoing instrument to be free act and deed, before me, Notary Public My Comm. Exp. COMMONWEALTH OF MASSACHUSETTS Essex, ss . , 1997 Then personally appeared the above-named, and acknowledged the foregoing instrument to be free act and deed, before me, Notary Public My Comm. Exp.