HomeMy WebLinkAboutLegal Document - 70 MAY STREET 5/11/2017 Bk 14552 Pg16 #5110
03-04-2016 0 12:04p
Deed of Easement and Transfer of Personalty and
Party Wall Agreement
Affordability Restrictions Apply
Bread and Roses Housing,Inc.,a charitable corporation, organized and existing
under the laws of the Commonwealth of Massachusetts with it usual place of business at
15 Union Street, Suite 401, Lawrence, Massachusetts, 01840, in consideration of One
Hundred Seventy-Five Thousand and 00/100 ($175,000.00)Dollars, receipt of which is
hereby acknowledged, gives, grants bargains, transfers and conveys to Carmen Y. Penn-
Rodriguez,unniarried, now of 66 May Street,North Andover,MA 01845,
With Quitclaim Covenants,
The wood-frame unit designated at 66 May Street,North Andover,Massachusetts which
unit is one half of the duplex building situated on land known as 64-66 May Street,
Assessor's Map 18, Parcel 7, containing 4,800 square feet of land more or less, Being the
premises conveyed to Bread and Roses Housing, Inc,, by deed of Deborah Ellsey
McIntyre f/k/a Deborah J. McIntyre,dated September 3,2015 and recorded in the Essex
North Registry of Deeds at Book 14366, Page 225.
frf
It is the intention of the parties that the real property underlying the building and other
improvements conveyed herein remain vested in Grantor and that this Quitclaim.Deed
convey only the unit(66 May Street)erected upon the subject Land.
Said Land being leased to the Homebuyers, pursuant to a Ground Lease from Grantor,as
lessor, to Homebuyers, as lessee,dated February 29,2016(the"Ground Lease"),with
Notice of Lease being recorded herewith.
This conveyance is given subject to the following restrictions, covenants,
conditions and agreements:
I) Bread &Roses Housing, Inc, has caused to be erected on the above-described
premises a duplex residential building with common wall dividing into two
separate units.
2) It is the intent of the Grantor to protect each and every purchaser,his or her
successors and assigns,of either unit of said duplex by creating certain rights
and/or easement governing the common walls located on said premises which
common walls shall be party walls,
MASSACHUSETTS STATE EXCISE TAX
Essex North Registry
Date: 03-04-2016 @ 12:04pin
Ctl#: 54 Doc#: 5110
Fee: $798,00 Cons: $175,000.00
Bk 14552 Pg17 #5110
3) No person shall have the right to add to or detract from, said party walls in
any manner whatsoever.
4) The cost of maintaining the party walls shall be borne equally by the owners
of the duplex units on each side of the party walls,
5) In the event of damage or destruction of a party wall(s) from any cause,other
than the negligence of either owner of a duplex unit,the then owners shall,at
joint expense, repair or rebuild the party wall(s), and each owner, his or her
successors and assigns,shall have the right to the full use of said wall(s) so
repaired or rebuilt, If either owner's negligence shall cause damage or
destruction of said wall(s), the negligent owner shall bear the entire cost of
repair or reconstruction. If either owner shall neglect or refuse to pay his or
her share, or all of such cost in case of negligence,the other owner may have
such wall(s)repaired or restored and shall be entitled to have a mechanic's
lien on the premises of the owner so failing to pay, for ht amount of such
defaulting owner's share of the repair or replacement cost.
6) Either owner shall have the right to break through the party walls for the
purpose of repairing or restoring sewerage, water, and utilities,subject to the
obligations to restore said walls to their previous structural conditions at his or
her own expense and the payment to the adjoining owner of any damage
caused thereby.
7) No duplex unit located on said premises shall, at any time, be altered or
extended-, and in the event of destruction of a unit or any portion thereof, the
unit so destroyed shall be restored at the expense of the owner or said unit
according to and architectural plan and finish which maintains the identical
appearance of both units,
8) Neither unit owner shall alter or change said party walls in any manner,
interior decoration excepted,sand said party walls shall always remain in the
same locations when erected,and each owner of said common or division wall
shall have a perpetual easement in that part of the premises of the other which
said party walls are located, for party wall purposes.
9) The easements hereby created are and shall be perpetual and constructed as
covenants running with the land and each and every person accepting a deed
or other instrument of transfer to a unit in said duplex shall be deemed to
accept said deed or other instrument with the understanding that each and
every other purchaser is also bound by the provision herein contained, and
each and every purchaser, by accepting a deed to any unit shall thereby
consent and agree to be bound by the covenants herein contained o the same
extent as though he or she had signed this instrument. Any grantor, in
executing and delivering deeds to said units shall insert in said conveyance, by
reference that the same are made subject to the terms, conditions,reservations
and covenants herein contained,
10)This conveyance is made subject to the Affordable Housing Restrictive
Covenant recorded in the Essex North Registry of Deeds at Book 14534, Page
197, which shall encumber the Property and be construed as a covenant
Bk 14552 Pg18 #5110
running with the property and be:binding,upon Grantee and its successors in
'7
record title ensuring that the Property and the Units will be used in perpetuity
for affordable housing and shall survive any foreclosure or deed given in lieu
of foreclosure. Each and every person accepting a deed or other instrument of
transfer to a unit in said duplex shall be deemed to accept said deed or other
instrument with the understanding that each and every other purchaser is also
bound by the provision of said Restrictive Covenant and each and every
purchaser, by accepting a deed to any unit shall thereby consent and agree to
be bound by said Restrictive Covenants to the same extent as though he or she
had signed said instrument. Any grantor, in executing and delivering deeds to
said units shall insert in said conveyance, by reference that the same are made
subject to the terms,conditions, reservations and covenants herein contained.
Being a portion of the sane premises conveyed to Bread and Roses Housing,Inc,, by
Deed from Deborah Ellsey McIntyre f/k/a Deborah J. McIntyre,dated September 3, 2015
and recorded in the Essex North Registry of Deeds at Book 14366, Page 225. This
conveyance is done pursuant to and in compliance with said Deed of Easement,and
Affordability Restrictions recorded at Book 14534,Page 197, and so satisfies all
conditions imposed thereby upon the grantor herein.
For signatory authority of Yesenia A. Gil,see Certificate of Vote recorded in Essex North
District Registry of Deeds in Book 14144,Page 54,
Witness my hand and seal this 40'day of March,2016
Bread and Roses Housing, Inc,
by
yeseniaK. Gil,Necu ve Dire or
Commonwealth of Massachusetts
County of Essex
On this 4"' day of March, 2016 before me, the undersigned notary public,personally
appeared Yesenia A. Gil, Executive Director of Bread and Roses Housing, Inc., who
proved to me through satisfactory evidence of identification, which was/were
--ZZ, -,to be:the person whose name is signed on the preceding or
attached document,and acknowledged to me that she signed it vol ntarily for its stated
purpose.
M1
0 --------
Nota lie
I x My Wom2ission Expires:
V�.
M. PAUL IANNUCCILLO, REGISTER
"VOT,00 ESSEX NORTH REGISTRY OF DEEDS
.......... E-RECORDED
......4k
m
Bk 14552 Pg19 #5111
03-04-2016 @ 12:04p
k
E�p
!4
C
t
w
6,
r.
NOTICE 4F LEASE
In accordance with the provisions of M.G.L. Chapter 183, Section 4, as
oc amended, notice is hereby given of the following described lease:
c
PARTIES TO LEASEI
w I,
Lessor: dread & Roses Housing, Inc., a Massachusetts charitable corporation
Lessee: Carmen Y. Pena-Rodriguez
DATE OF EXECUTION
c l'
Date of execution of Lease: March 4, 2016
Date of acknowledgment of Lease: March 4, 2016
c%
DESCRIPTION IN THE FORM CON`T'AINED IN LEASE OF THE DEMISED
PREMISES:
See "Exhibit A" attached hereto and made a part hereof
An interest in the land is not conveyed herewith.
Subject to the restrictions set for in a certain deed from Bread & Roses
Housing, Inc. dated Mauch 4, 2016 and recorded in Essex North District Registry t
of herewith. Said restrictions shall remain in effect as if fully stated herein.
1
TERM OF LEASE
Ninety-nine (99) years beginning with the 4`" day of March, 2016
Extension for additional ninety-nine (99) year term at the option of Lessee. 5
5
Bk 14552 Pg20 #5111 r
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals this 41" day of March, 2016•
i
is
Lessor:
i'
Bread & Roses Housing, Inc. E
By: ✓ .,�......,
I
Yeseni . Gil, 'xe tive •rector f
is
i,
Lessee:
I
Carmen Y. Pena- odriguez
Commonwealth of Massachusetts
Essex, ss. E
f
On this 4'" day of March, 2016 before me, the undersigned notary public, !
i-
personally appeared Yesenia A. Gil, Executive Director of Bread & Roses j;
Housing, Inc. who proved to me through satisfactory evidence of
identification, which were to be the person
whose name is signed on the preceding or attached document, and
acknowledged to me tj§91shemogd it voluntarily f it dated purpose.
ZP SR rs�s.
o - Notary Public
s
M
••,y ��- ' o� •� y Commission Expires:
���vy�``y, is
Commonwealth of Mas as i'�setts
Essex, ss.
On this 4"' day of March, 2016 before me, the undersigned notary public,
personally appeared Carmen Y. Pena-Rodriguez, who proved to me
through satisfactory evidence of identification, which were
to be the person whose name is signed on the
preceding or attached document, and acknowledged to me t he/she signed
it voluntarily for it&,spakopurpose,
r``, 'EXPiR 0
Notary Public
My Commission Expires:
Uj
yrr++NeAS`�SAp �
Bk 14552 Pg21 #5111
i
Exhibit A
Description of the Leased Premises
The wood-frame unit designated at 66 May Street,North Andover, Massachusetts which unit is
I,
one half of the duplex building situated on land known as 64-66 May Street, Assessor's Map 18,
Parcel 7, containing 4,800 square feet of land more or less. Being the premises conveyed to E
Bread and Roses Housing,Inc., by deed of Deborah Ellsey McIntyre f/k/a Deborah J. McIntyre,
dated September 3, 2015 and recorded in the Essex North Registry of Deeds at Book 14366,
Page 225.
Y
This conveyance is given subject to the following restrictions, covenants,conditions and
agreements:
i
1) Bread&Roses Housing, Inc. has caused to be erected on the above-described
premises a duplex residential building with common wall dividing into two separate
units.
2) It is the intent of the Grantor to protect each and every purchaser,his or her
F
successors and assigns,of either unit of said duplex by creating certain rights and/or
easement governing the common walls located on said premises which common walls
shall be party walls.
3) No person shall have the right to add to or detract from, said party walls in any
manner whatsoever.
4) The cost of maintaining the party walls shall be borne equally by the owners of the
duplex units on each side of the party walls.
5) In the event of damage or destruction of a party wall(s) from any cause,other than the
negligence of either owner of a duplex unit,the then owners shall, at joint expense,
repair or rebuild the party wall(s),and each owner, his or her successors and assigns,
shall have the right to the full use of said wall(s)so repaired or rebuilt. If either
owner's negligence shall cause damage or destruction of said wall(s),the negligent
owner shall bear the entire cost of repair or reconstruction. If either owner shall
neglect or refuse to pay his or her share, or all of such cost in case of negligence, the
other owner may have such wall(s)repaired or restored and shall be entitled to have a
mechanic's lien on the premises of the owner so failing to pay, for the amount of such
defaulting owner's share of the repair or replacement cost.
6) Either owner shall have the right to break through the party walls for the purpose of
repairing or restoring sewerage, water,and utilities,subject to the obligations to
restore said walls to their previous structural conditions at his or her own expense and
the payment to the adjoining owner of any damage caused thereby.
Bk 14552 Pg22 #5111
7) No duplex unit located on said premises shall,at any time, be altered or"tended; and
in the event of destruction of a unit or any portion thereof, the unit so destroyed shall
be restored at the expense of the owner or said unit according to and architectural
plan and finish which maintains the identical appearance of both units.
8) Neither unit owner shall alter or change said party walls in any manner, interior
decoration excepted, and said party walls shall always remain in the same locations
when erected, and each owner of said common or division wall shall have a perpetual
easement in that part of the premises of the other which said party walls are located,
for party wall purposes.
9) The easements hereby created are and shall be perpetual and constructed as covenants
running with the land and each and every person accepting a deed or other instrument
of transfer to a unit in said duplex shall be deemed to accept said deed or other
instrument with the understanding that each and every other purchaser is also bound
by the provision herein contained,and each and every purchaser,by accepting a deed
to any unit shall thereby consent and agree to be bound by the covenants herein
contained o the same extent as though he or she had signed this instrument. Any
grantor, in executing and delivering deeds to said units shall insert in said
conveyance, by reference that the same are made subject to the terms,conditions,
reservations and covenants herein contained.
10)Subject to the Affordable Housing Restrictive Covenant recorded in the Essex North
Registry of Deeds at Book 14534, Page 197, which shall encumber the Property and
be construed as a covenant running with the property and be binding upon Grantee
and its successors in record title ensuring that the Property and the Units will be used
in perpetuity for affordable housing and shall survive any foreclosure or deed given in
lieu of foreclosure. Each and every person accepting a deed or other instrument of
transfer to a unit in said duplex shall be deemed to accept said deed or other
instrument with the understanding that each and every other purchaser is also bound
by the provision of said Restrictive Covenant and each and every purchaser, by
accepting a deed to any unit shall thereby consent and agree to be bound by said
Restrictive Covenants to the same extent as though he or she had signed said
instrument. Any grantor, in executing and delivering deeds to said units shall insert in
said conveyance,by reference that the same are made subject to the terms, conditions,
reservations and covenants herein contained,
For title,see Deed recorded herewith.
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E-RECORDED