HomeMy WebLinkAboutLegal Document - 575 OSGOOD STREET 12/1/2004 BK 9223 PG 177
QUITCLAIM DEED
1, SAMUEL STEVENS ROGERS,having an address of 575 Osgood Street,#3301,
North Andover,Massachusetts(the"Grantor',for consideration paid and in full consideration
of Nine Hundred Fifty Thousand and 00/100($950,000.00), grant to EDGEWOOD
RETIREMENT PROPERTIES, LLC,having an address c/o Edgewood Retirement Community,
Inc., 575 Osgood Street,North Andover,Massachusetts (the"Grantee"),with QUITCLAIM
COVENANTS, the following parcels of land and improvements thereon located on the easterly
side of Osgood Street,North Andover, Essex County,Massachusetts:
Lot 7 on a plan by Harry R.Feldman, Inc. entitled"Plan of Land No. Andover,Mass."
dated April 11, 1989 and recorded as Plan No. 11656 with the Essex North Registry of
Cd Deeds. As set forth on said plan, Lot 7 contains 2.2 acres.
Parcel A on a plan by Robert M. Gill &Associates,Inc. entitled"Compiled Plan of Land
in North Andover,Massachusetts"dated June 7, 1990 and recorded as Plan No. 11813
d with said Registry of Deeds. As set forth on said plan,Parcel A contains 14.96 acres.
G
Lot 2A-1 on a plan by Robert M. Gill &Associates, Inc, entitled "Compiled Plan of La
Z in North Andover,Massachusetts"dated July 5, 1.995 and recorded as Plan No. 12724 z
with said Registry of Deeds. As set forth on said plan, Lot 2A-1 contains a total area o€
93,945 square feet(which includes Lot 2A-2 containing 1,297 square feet; and Lot 2A3p .�
containing 128 square feet).
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aThe parcels are conveyed subject to and.with the benefit of all rights, easements, covenants, N
O restrictions,agreements and other matters of record,to the extent the same are in force and
applicable, including,without limitation, that certain License Agreement dated April 24,2000
and recorded with said Registry of Deeds in Book 5768,Page 281.
0
For Grantor's title to the above,see the following: cim
141
Deed dated June 14, 1984 from The First National Bank of Boston, as trustee,recorded at Book
1826,Page 134[as to portions of Lots 2A-1,2A-2,2A-3 and 7].
Deed dated March 18, 1985 from The First National Bank of Boston, as trustee, recorded at
Book 1948,Page 170 [as to a portion of Parcel A].
Deed dated October 22, 1986 from The First National Bank of Boston, as trustee,recorded at
Book 2363,Page 306 [as to portions of Parcel A and Lot 7].
Deed dated April 24,2000 from Michael L. Kettenbach,recorded at Book 5768,Page 221 [as to
portions of Lots 2A-1 and 2A-2].
DEVINE,MILLEffT &BRANCH
PROFESSIONAL. ASSOCIATION
300 BRICKSTONE SQUARE POST OFFICE BOX 39
ANDOVER, MASSACHUSETTS 01810
BK 92'23 PG 178
Executed under seal this day of K)P,cennbu-,2004•
Samuel Stevens Rogers
COMMONWEALTH OF MASSACHUSETTS
ss:
On this 4j,�— day of , 2004,before me,the undersigned
notary public,personally appeared SAMUEL STEVENS ROGERS and acknowledged to me that
he signed the foregoing document voluntarily for its stated purposes. I identified SAMUEL
STEVENS ROGERS to be the person whose name is signed on the foregoing document by
means of the following satisfactory evidence of identity[check one]:
Aidentification based on my personal knowledge of his identity, or
❑ current government-issued identification bearing his photographic image and
signature,or
❑
affirmation of a credible witness who is. unaffected by this instrument, is
personally known to me, and personally knows SAMUEL STEVENS ROGERS.
Pub ' W. L,4-vi,
-: My commission expires: 7-y Q�
(SEAL)
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2.a -
d—b
I , GK 4378 FG 115
DEED
I, SAMUEL STEVENS ROGERS, of 7 Abbot Street, Andover, Essex County,
Massachusetts 01810("Grantor")for consideration paid and in full consideration of Two Million
Nine Hundred Seventy-five Thousand ($2,975,000) Dollars, the receipt of which is hereby
acknowledged, grant to EDGEWOOD RETIREMENT COMMUNITY, INC., a not-for-profit
corporation organized under the provisions of Massachusetts General Laws, Chapter 180, with
a usual place of business in North Andover,Essex County,Massachusetts(the "Grantee") with
Ln Quitclaim Covenants, a certain parcel of land situated on the Easterly side of Osgood Street in
4W North Andover,Essex County,Massachusetts, shown as Lot 6 on a plan entitled: "Plan of Land
C1 No.Andover,Mass."by Harry K Feldman,Inc.,Land Surveyor,dated April 11, 1989,consisting
4j of four sheets,recorded in Essex North District Registry of Deeds as Plan No. 11656 of 1989 as
0 effected by an Affidavit dated November 9,1989,-recorded with said Deeds in Book 3029,Page 01
4 90, (the "Plan") said Lot 6 being shown on sheet 1 of 4 of the Plan and being bounded and
co W described as set forth in Exhibit A attached hereto and made a part hereof,-containing,according
0 o to said Plan as affected by said Affidavit 2,716,664 ± square feet or 62.366 + acres, (the
Old
N 0 "Premises"). There is also conveyed herewith as appurtenant to the Premises the following:
0
CD 4J (1) All rights, title, and interests, if any, of Grantor in, to and with respect to any land
0 0 lying in the bed of Osgood Street-directly abutting the Premises;
ai (2) the non-exclusive right, in common with Grantor and all others legally entitled
,v, thereto,to pass and repass over the "Lane To Pond Pasture (Private Way)" shown on the Plan;
C
(3) there is also conveyed herewith as appurtenant to the Premises the perpetual and
,}, exclusive right and easement for signage, drainage, grading_and slope rights in that certain
o triangular parcel of land containing 1,332 square feet and being designated on the Plan(sheet 3
N of 4) as "Drainage, Grading& Signage Easement", said parcel of land being more particularly
�4
bounded and described as follows:
b �
WESTERLY by Osgood Street, as shown on said Plan, 38.06 feet;
NORTHERLY by the remaining portion of Lot 5A, as shown on-said Plan,70.00 R
feet;
SOUTHEASTERLY by Lot 6,as shown on said Plan, 79.68 feet.
together with-the perpetual and exclusive rights and easements in those portions of Lots 5A and
7 shown on the Plan designated as"Construction Easement'A'","Construction Easement'B'"and
"Construction Easement'C"on the plan entitled: "Plan Showing Easements for Edgewood Life
Care, Inc No. AndoNV, Mass." dated August 20, 1991, prepared by Harry R. Feldman, Inc.to
be recorded-herewith for drainage, grading and slope rights, all as reasonably required for
construction,use,maintenance and repair of an access road on Lot 6. However,notwithstanding y�
the provisions set forth in this paragraph(3), Grantor reserves to himself and-to his-successors
. 1 1 i` eu.�oaj Y-fl--rv�ec�n�
BK 4378 PG 116
and assigns as the owners of Lots 5A and 7 shown on the Plan the right to use those portions of
Lots SA and 7 subject to the easements granted herein for all purposes which are not inconsistent,
and which do not unreasonably interfere,with the rights and easements herein granted by Grantor
provided that Grantor,shall not erect or allow any other person or entity other than Grantee, its
successors and assigns,the right to erect and maintain signage within the triangular easement area
described herein.
This conveyance is made subject to and with the benefit of the following restrictions,
covenants,licenses and reservations of rights to which the Grantee by the acceptance of this deed
and as part consideration therefore hereby covenants and agrees to, on its behalf and on behalf
of its successors,and assigns;said restrictions,covenants,licenses and reservations of rights shall
run with the land, be binding upon the parties,and their respective heirs,successors and assigns
and remain in full force and effect until the earlier to occur of a period not exceeding twenty-one
(21)years after the death of the last to die of the group consisting of Samuel Stevens Rogers and
his issue living on March 31, 1992, or for fifty (50)years from March 31, 1992, unless earlier
terminated by reason of Grantor,his heirs,successors or assigns failing to continue to operate the
property retained by Grantor and known as Edgewood Farm,as a farm for horse boarding and/or
for riding/carriage.trails. Said restrictions, covenants, licenses and reservations or rights are as
follows:
I. (a) The Premises shall be used only for a life-care facility,similar in concept to other
facilities-developed by Life Care Services Corporation, a corporation organized under the laws
of Iowa with a principal place of business in Des Moines, Iowa. This restriction will be
subordinated by Grantor in favor of any mortgage lien or other right granted by Grantee to any
lending institution making a loan on the Premises for the purpose of constructing or operating
the life-care facility.
(b) Any houses, garages,out buildings,pools,parking lots,tennis courts, fences and
other structures erected or situated on the Premises shall be so located so as to minimize(to the
extent reasonably possible) the impact of the same upon the existing pasture lands and farm
operation.
(c) Upon completion of all site development including,but not limited to installation
of septic systems and utilities,all top soil which has been disturbed shall be replaced and the turf
resodded or reseeded.
(d) Grantor and/or his designees shall be allowed to cultivate and harvest hay and other
grass crops at no cost to Grantor on those portions of the Premises reasonably designated by
Grantee to be used for pasture land and/or haying,subject to reasonable rights of indemnification
or insurance specified by Grantee and running from Grantor to Grantee. Further,any driveways,
parking areas,fencing and landscaping installed by Grantee shall be so designed and constructed
so as not to unduly impede Grantor's ability to mechanically cultivate and harvest hay and grass
crops.
(e) Grantor and/or his designees shall be allowed to cut and remove up to twenty(20)
cords of fuvwood annually from areas on the Premises as shall be mutually agreed between
BK 418 P8 117
Grantor and Grantee provided that such firewood is for the personal use of owners,occupants and
workers on.the portion of the property retained by Grantor and known as Edgewood Farm.
(f) Grantor shall be allowed to maintain bridal paths and carriage roads over the
Premises in such locations as are mutually agreed between Grantor and Grantee provided that the
same do not interfere with the use of the Premises for a life-care community and subject to
reasonable rights of indemnification or insurance specified by Grantee and running from Grantor
to Grantee.
(g) Grantor agrees to maintain all farm structures and plank fencing in a manner
compatible with the life-care center and with a working farm.
The exercise by Grantor and/or his designees of any of the rights set forth in the aforesaid
subparagraphs(d),(e)and(f)shall be subject to the terms of a certain Conservation Restriction
to be granted by Grantee to the Trustees of Reservations simultaneously herewith, and Grantee
shall take such steps as may be necessary to enable Grantor to exercise the rights set forth in
subparagraphs(d),(e)and(f)hereof,subject to and in accordance with the terms and limitations
set forth in such Conservation Restriction.
2. Grantee will replace any of Grantor's utilities which were disturbed during construction
of the access road on Lot 6,or in the alterative, permit Grantor, at his own cost and expense
and so as not to interfere with Grantee's construction,to tie into any of Grantee's utilities along
the access road provided such utilities are only used to service existing (or relocated existing)
residences, farm structures, and farm-related uses, and for no other purpose. It is understood
between the parties that Grantor shall be responsible for obtaining any and all permits necessary
for any such tie-ins,and such tie-ins shall only be at the capacity approved by Grantee,provided,
however,if Grantee does not approve the capacity of the tie-in requests by Grantor,Grantee shall
replace the utility so disturbed if,in fact,the utility for which Grantor is requesting a tie-in is in
place of an existing utility of Grantor's which was disturbed during construction of the access
road.
The within conveyance is further made subject to all easements,restrictions, covenants,
licenses, reservations of rights and rights of way of record to the extent the same are in force
and applicable.
For Grantor's title, see two deeds from the First National Bank of Boston, Trustee, to
Samuel Stevens Rogers dated June 14, 1984 and October 22, 1986 and recorded with the Essex
North District Resgistry of Deeds in Book 1826, Page 134 and Book 2363, Page 306,
respectively.
GK 4378 PG 118
WITNESS my hand and seal this 46 ay of"6r, 1995.
Samuel Stevens Rogers
COMMONWEALTH OF MASSACHUSETTS
S u,�r4olk, ss. �oer ;?-71995
Then personally appeared the above named Samuel Stevens Rogers and acknowledged the
foregoing instrument to be his free act and deed, before me
�IL64�
o Public
My Commission Expires:Set64.r .Z.,
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BK 4378 PG 119
The undersigned hereby accepts the restrictions, covenants, licenses and reservations of
rights set forth herein.
EDGEWOOD RETIREMENT COMMUNITY,INC.
By:
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss. a Q w Ke, 8" ' 1995
Secre.n4 a/
Then personally appeared the above named Elizabeth A.Beland,Treasurer�of Edgewood
Retirement Community, Inc.,and acknowledged the foregoing instrument to be the free act and
deed of said corporation,before me
nn.;A.A2 w• Whnq LIC-j
Notary Public
My Commission Expires: S e c'r G N qct(-
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EXHIBIT A BY 4378 RG 120
I OT 6 11�ETES AND SOUNDS DEKEHEOL
Commencing at a Massachusetts Highway bound on the easterly side of Osgood Street;
thence running N 8' 42' 17" W, along the said easterly side of Osgood Street, a distance of
190.57 feet to the point of beginning;
thence running along the said easterly sideline of Osgood Street,N 8' 42' 17" W, a distance
of 150.00 feet to a point;
thence turning and running N 52' 45' 33" E, a distance of 79.68 feet to a point;
thence turning and running N 66' 10' 59" E, a distance of 165.10 feet to a point of curvature;
thence turning and running by a curved line to the right of radius 350.00 feet,a length of
199.23 feet to a point of tangency;
thence running S 81' 12' 09" E, a distance of 242.76 feet to a point of curvature;
thence turning and running by a curved line to the right of radius 125.00 feet, a length of
118.34 feet to a point of tangency;
thence running S 26' 57' 27" E,:a distance of 45.37 feet to a point;
thence turning and running N 78' 59' 43" E, a distance of 52.30 feet to a point;
thence turning and running S 10' 50' 12" E, a distance of 21.00 feet to a point;
thence turning and running S 31' 14' 46" E, a distance of 159.31 feet to a point;
thence turning and running N 75' 42' 14" E, a distance of 120.68 feet to a point;
thence turning and running N 78' 26' 40" E,a distance of 84.67 feet to a point;
thence turning and running N 82' 57' 37" E,a distance of 53.67 feet to a point of curvature;
thence running by a curved line to the right of radius 685.00 feet a length of 243.96 feet to a
pow;
thence turning and running N 13' 22' 00" E,a distance of 150.00 feet to a point;
thence turning and running N 13' 25' 33"E,a distance of 22.00 feet to a point;
Bks 3 r PG 121
thence turning and running by the following five courses:
S 76' 33' 49" E, a distance of 84.46 feet;
S 82' 55' 37" E, a distance of 79.20 feet;
S 83' 59' 23" E, a distance of 101.11 feet;
S 85' 03' 11" E, a distance of 99.77 feet;
S 89' 03' 24" E, a distance of 51.10 feet to the end of a stone wall;
thence turning and running S 62' 59' 08" W, along a stone wall,a distance of 60.14 feet to a
drill hole at the corner of the stone wall;
thence turning and running S 19' 17' 59" E, along a stone wall, a distance of 181.49 feet to a
point at the corner of a stone wall;
thence turning and running along a stone wall the following four courses:
N 78' 53' 10" E, a distance of 286.63 feet;
N 78' 32' 29" E, a distance of 168.03 feet;
N 78' 04' 17" E, a distance of 363.94 feet;
N 77' 34' 20"E, a distance of 325± feet to the shore of Lake Cochichewick as located on
January 6, 1986;
thence turning and running by said shore of Lake Cochichewick as located on January 6,
1986, 1,485±feet to a point;
thence turning and running S 79' 55' 35" W, a distance of 594+feet to an iron pipe;
thence turning and running N 17' 50' IS" W,a distance of 239.03 feet to a drill hole at the
corner of a stone wall;
thence turning and Homing along a stone wall the following four courses:
S 63' 29' 40" W, a distance of 215.03 feet to a.drill hole;
S 76' 29' 23" W, a distance of 311.43 feet to a drill hole;
S 67' 43' 31" W, a distance of 120.13 feet;
S 57' 36' 33" W,a distance of 89.12 feet to a drill hole at the corner of the wall;
thence turning and running along a stone wall the following three courses:
N 32' 14' 07" W, a distance of 102.94 feet to a drill hole;
N 32' 25' 40" W, a distance of 223.93 feet to a drill hole;
N 32' 12' 31" W, a distance of 128.31 feet to a drill hole at a bend in the wall;
thence turning and running along a stone wall the following four courses:
N 58' 43' 38" W, a distance of 64.03 feet to a drill hole;
N 61' 12' 19" W, a distance of 198.17 feet to a drill hole;
BK 4378 PG 122
N 59' 01' 34" W, a distance of 170.63 feet to a drill hole;
N 55' 35' 13" W, a distance of 102.85 feet to a drill hole at the comer of the wall;
thence turning and running N 36' 59' 44" E, a distance of 306.32 feet to a drill hole at the
comer of the wall;
thence turning and running along a stone wall by the following two courses:
N 29' 05' 30" W, a distance of 277.64 feet;
N 31' 14' 46" W, a distance of 383.73 feet to a drill hole;
thence turning and running N 15' 55' 41" E, a distance of 26.38 feet to a point;
thence turning and running by the following five courses:
N 54' 49' 13" W, a distance of 27.37 feet;
N 57' 35' 37" W, a distance of 39.59 feet;
N 60' 05' 42" W, a distance of 58.96 feet;
N 74' 43' 12" W, a distance of 49.85 feet;
S 62' 59' 43" W, a distance of 21.32 feet to a point;
thence turning and running N 20' 00' 00" W, a distance of 24.00 feet to a point;
thence turning and running N 81' 12' 09" W, a distance of 81.12 feet to a point of curvature;
thence running by a curved line to the left of radius 300.00 feet, a length of 170.77 feet to a
point of tangency;
thence running S 66' 10' 59" W, a distance of 178.61 feet to a point;
thence turning and running S 18' 29' 06" W, a distance of 153.20 feet to the point of
beginning.