The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - 1775 GREAT POND ROAD 4/30/2018r N $X 0 08 Jul 22 99 03:05p John B. Desmond 603-432-2915 FA COVER SHECT p.1 1776 :; ica! ;i''c,ur r ✓}011lt. a/Y.ItrO opl, �IaSd. L 617 CS7.74sJ DATE ,.J V L.. l COMPANYy�� t9J� �rH tae=r)� ATTENTIONJ�7e,j FROM ,.2"�/�•,1 .�_� �� P,CGARD: G page:i 3.n ;:his aux, incl �Qiny ; :z� cover" zhect, iS t1 i: you C:o not receive ai.l the daces indicated, ple�.sc ca_,1 6„2 ;�- ,,39 a- Jul 22 99 03:05p John B. Desmond 603-432-2915 p.2 Jul 122 99 03:05p John B. Desmond 603-432-2915 p.3 I IOWA R I) M. 3EXUR CARL W. 131'RC f?R JAMES C. I (YlaC MIL:I IAM. A. TAKNISI OF C01 JNSRa . J.JQIIN fi6:Rl:AR Mr. and Mrs. Michael Rullo 291 Winter Street North Andover, MA, 01843 BERGE R AND HYDE, P.C. Al"VORNRYS A )' LAW 90 MAIN SYK I:.,;1 ANOUVER, MASSACHUSETTS 01$10 Re: Agreement between Rullo and Tourkantonis Dear Mike and Nancy: August 20, 1996 I11"LL m roNFS: (503) 475-07% (50x)653-2494 IN IRDS CON AKtA TALI. (6 17) 665-0086 W:(508)475-89;9 Enclosed is an original and two copies of an Agreement that needs to be elated, witnessed and signed by both of you where indicated. Upon completion of same, please return this document to my office in the self-addressed stamped envelope enclosed for your convenience in replying. Very 'truly yours, Enclosures A.C. Jul 22 99 03:05p John B. Desmond 603-432-2915 p.4 AGREEMENT This AGREEMENT made this /S_9 day of August, 1996, by and between MICHAEL RULLO and NANCY RULLO of Winter Street, North Andover, Essex County, Massachusetts, (hereinafter referred to as "Rullo"), and CHARLES TOURK ,TOMS and PATRICIA TOURKANTONIS, of 207 French Farm Road, North Andover, Essex County, Massachusetts, (hereinafter referred to as "Tourkantonis"). VVREREAS, Tourkantonis is the owner of land located at 207 French Farm Road, North Andover, Essex County, Massachusetts, (hereinafter referred to as "the land")- and WHEREAS, Rullo is desirous of obtaining an easement across Tourkantonis' land for purposes of installing and maintaining water and sewer lines for a home to be constructed on Great Pond Road, North Andover, Essex County, Massachusetts. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree to the following; The Rullos, their heirs, successors or assigns, shall be allowed a fifteen foot easement across the Tourkantonis' property for purposes of installing and maintaining water and sewer lines for a home to be constructed on Great Pond Road, North Andover, Essex County, Massachusetts. 2. The Rullos, their heirs, successors, assigns and contractors shall be allowed such access to the property as is necessary to install said sewer and water lines. Said access shall include the right to disturb the land, bind; heavy equipment upon the land and any and all other activities that are incidental to, necessary for, or in conjunction with the installation of said lines. The Rullos shall pay to the Tourkantonis' as consideration for this easement and all activities related thcrcto, the following amounts; A. The sum of $5,000.00 upon the signing of this agreement. B. The sum of $1,500.00 upon completion of the work related to the installation of said lines and repair of the affected area. 4, In addition to these sums, the Rullos shall also pay $1,000.00 which is to be held in escrow to insure the full and prompt completion of the lines and restoration of the affected area. Said escrow shall be returned to the Rullos in one year from the completion of said work. Jul 22 99 03:05p John B. Desmond 603-432-2915 p.5 5. This agreement shall be forever binding upon the parties named herein, their heirs, successors and assigns_ 6. The Rullos shall be responsible for all costs associated with the creation, construction and maintenance of said casement and lines. THIS IS A LEGALLY BINDING AGREEMENT WINCH THE PARTIES HAV. RFAn AND DISCUSSED.WITH LEGAL COUNSEL OF THEIR OWN CHOOSING Date Charles Tourkantonis W' ess f1lzr�� Date Patricia Tourkantonis ne s F- &G - F6 Date ael R I Witness kteL Nancy ull mess o� AuI&lz Jill 22 33 03:06p John B. Desmond 603-432-2315 p.6 FASIEMCN- FOR 001IMS V+'E, CHARLES i�'. I OUP.,KANTONIS, JR -,4 -ND PATFICIA I. TOURK.ANTONIS, Husband and wife, of 20 7 French Farm. Road, North An, Onver, Essex Co.mty, Massachusetts, For Consideration Paid, and in full consideration set forth herein, hereby brcult to Mickacl J. Rullo and Nancy G. Rullo, husband and wife, as tenants by the entirety, of 291 Winter Street, North Andover, Essex County, Massachusetts, The perpetual right and easement in and under the Iand of the Grantor for the installation of a Fifteen foot (15') wide Utility Easement being shown as "15' Wide Utility Easement" on a plan cutiLled, "Plan of Land in North Andover, Mass. Owned by Michael Rullo," Scale: l " =100', dated August 28, 1996, prepared by Scott L. Giles R.P.L.S., 50 Deer Meadow Road, North Andover, Mass., said plan being recorded herewith, for the purpose of installing, maintaining, replacing, removing and using water and sewer lines and related equipment, with the necessary manholes or conduits for the construction of a home on Great Puna Road. Said easement is located on the northwesterly bound of land of the Grantor being shown as Lot 18 on the aforementioned plan and as set forth in deed dated October 16, 1986 and recorded with Essex North District Deeds in Book 2393, Page 180, which runs from the land of Grantor at Frca)ch Farm Road, to land now or formerly of Stella Sobel and the private way known as Stanleyville Avenue, as set forth in deed dated September 6, 1983 and recorded with said Deeds in Book 1718, Page 111, ( Third Parcel). With respect to said right and easement hereby conveyed, the Grantor and the Grantee by their acceptance hereof fur themselves and their respective successors and assigns hereby agree as follows: (a) The Grantees, their heirs, successors or assigns, shall be allowed a fifteen (15) foot easement across the Grantor's land for the purposes of installing and maintaining water and sewer lines for a home to be constructed on Great Pond Road, North Andover, Essex County, Massachusetts. (b) The Grantees, their heirs, successors, assigns and contractors shall be allowed such access to the land of the Grantor as is necessary to install said sewer and water lines. Said access shall include the right to disturb the land, bring heavy equipment upon the land and any and all other activities that are incidental to, necessary for, or in conjunction with the installation and maintenance of said lines. Jul 22 99 03:06p John B. Desmond 603-432-2915 p.7 (c) The parities hcreby agree that this easement shall tie into and be used in conjunction with the easement granted by Stella Sobel to said Grantees, Michael I Rullo and Nancy G. Rullo, dated June 24 , 1996 and recorded with said Deeds in Book 4530 Page 1 , for the purposes outlined herein_ (d) The Grantcc shall pay to the Grantor as consideration of this easement and all activities related thereto, the following amounts: 1. The sum of $5,000.00 upon the execution of an Agreement dated August 15, 1996. 2. The sum of $1,500.00 upon the completion of the work related to the installation of said water and sewer pipes and repair of the affected area. (e) In addition w axese sums, the Grantee shall also pay the sum of $1000.00 which is to be held in escrow to insure the full and prompt completion of the sewer and water lines and restoration of the affected area. Said escrow shall be returned to the Grantees in one year from the completion of said work. (f) This agreement shall be forever binding upon the parties named herein, their heirs, successors and assigns. (g) The Grantees shall be responsible for all costs associated with the creation, construction and mainwixance of said easement and lines. (h) The foregoing right and easement is for the benefit of the Grantees and shall be exercisable only by the Grantees and their respective successors,heirs and assigns and other to whom said right and easement may be specifically assigned. n EXECUTF,D as a sealed instrument this. dayW- 1996. Charles N. fourkantonis, Jr. Patricia I. Tourkantonis 2 Jul 22 99 03:06p John B. Desmond 603-432-2915 , ss, COMMONWEALTH OF MASSACHUSETTS P�f/ ' '1996 Then personally appeared the above named Charles N. Tourkantonis, Jr. and Patricia 1. Tourkantonis, and acknowledged the f egoing instrument to a their free act and deed, before me, u tary Public: My Commission Expires: ,3IIIIZ4° We, the undersigned Grantees, hereby accept the terms of the aforementioned easement, 7 �ioael J. ull Nancy G. R o Essex, ss. COMMONWEALTH OF MASSACHUSETTS �Lv��rQcQ. a 7 , 1996 Then personally appeared the abovc-namcd Michael J. Rullo and Nancy G. Rullo and acknowledged the foregoing instrument to be;0'tary ee t and deed, before me, 1C: f' IN My Commission Expires:'21091 %" Ju1,22 99 03:06p John B. Desmond 603-432-2915 p.9 Jul 22 99 03:OGp John B. Desmond 603-432-2915 p.10 EASEMENT FOR UTILITIES I, STELLA SOBEL, of For Consideration Paid, and in full consideration of $1,500.00 DOLLARS, hereby grant to Michael J. Rullo and Nancy G. Rullo, husband and wife, as tenants by the entirety, of 291 Winter Street, Noidi Andovcr, l sscx County, Massachusetts, The peTetual right and easement in and under the land of the Grantor for the installation of a twenty-five foot (25') wide Utility Easement being shown as "Proposed 25' Wide Utility Easement" on a plan entitled, "Plan of Land in North Andover, Mass. Owned by Michael Kullo," Scale: 1" = 100', dated June 4, 1996, prcpared by Scott L. Giles R.P.L.S., 50 Deer Meadow Road, North Andover; Mass., said plan being recorded herewith, for the purpose of installin4, maintaining, replacing, removing and using water and sewer pipes and related equipment, with the necessary manholes or conduits. Said easement is located on the northwesterly bound of land of Elie Grantor being shown as the Third Parcel in deed dated September 6, 1983 and recorded with Essex North District Deeds in Book 1718, Page 111, which runs from the land of Grantee as set forth in deed dated October 23, 1992 and recorded with said Deeds in Book 3576, Page 106 to land now or formerly of Charles N. Tourkantonis et ux as set forth in deed dated October 16, 1986 and recorded with said Deeds in Book 2393, Page 180, and is givcrl subject to and with the right to the use of said Stanleyville Avenue, in common with all persons lcgally entitled thereto. With respect to said right and easement hereby conveyed, the Grantor and the Grantee by their acceptance hereof for themselves and their respective successors and assigns hcrcby agree as follows: (a) All water and sewer pipes and related equipment and conduits shall remain the property of the person installing the same. (b) The Grantor shall have the right to tie-in and use the easement for the purposes statcd in corrunon Nvith the Grantee and others legally entitled thereto. but water and sewer usage shall be separately metered and paid by the parry using the same. (c) If in the connection with the installation of utilities or otherwise any excavations are made in said "proposed 25' wide utility easement" area, as shown on said plan, the party making such cxcavation shall restore said area and the sz+rfaees thereo to their prior condition; Ju1.22 99 03:06p John B. Desmond 603-432-2915 p.11 (d) Each part shall indemnify and save the other harrnlesc from and against any loss, damage or liability arising out of the exercise of said rights and easements; (e) The foregoing right and easement shall be exercisable only by the Grantor and the Grantee and their respective successors, heirs and assigns and others to whom said right and easement may be specifically assigned. EXECUTED as a sealed instrument this d y A day e , 1996. Stella Sobel T STATE OF esse_,x . County I aY fA , 1996 Then personally appeared the above named Stella Sobel and acknowledged the foregoing instrument to be her free act and deed, before me, Notary Public: My Commission Expires: _2?, 4 /-I-13",5i (, J We, the undersigned Grantees, hereby accept the terms of the afurexnentioncd easement, Michael J. Il Nancy G. Rul1Q Essex, ss. COMMONWEALTH OF MASSACHUSETTS N 1996 Then personally appeared the above-named Michael J. Rullo and Nancy G. hullo and acknowledged the foregoing instrument to be their free act and deed, before me, 1 11-V71 ary P iC: My Qommission Expires: