Loading...
HomeMy WebLinkAboutMiscellaneous - 99 MEADOWVIEW ROAD 4/30/2018c ESCROW AGREEMENT Regarding Sale of 99 Meadowview Road, North Andover, MA 01845 David L. Johnson and Eileen M. Johnson, hereinafter (Sellers) and Michael J. McPartlln and Marian J. McPartlin, hereinafter (Buyers) hereby covenant and agree to escrow the sum of $6,000.00, such amount to be held by John Connolly, Jr., Esq., Attorney for Buyers, or Olivia Fiore, Esq., Attorney for Great Western Mortgage Company to be used for the connection of 99 Meadowview Road to the Public Sewer System of North Andover. The amount of $6,000.00 is based on an estimate from Heider Construction of $1,500.00 for the connection and a betterment fee due the town of $3,900.00. Sellers and Buyers agree that such connection is to take place in the spring of 1998, and this agreement shall be disclosed and binding on all future purchasers of the property prior to such connection. The parties have executed a Purchase and Sale Agreement and incorporate and attach paragraph 33 of said agreement to this Escrow Agreement. Date: 2kJ81kS 91 �� �,�,� �e� Date:-aA/W—Ai't"I �'' David L. Johnson Michael J. McPartlin Date: L1 i8 A8 0 vNnv-� POA Date: -;f9 Eileen M. Johnson Marian J. Mc artlin 02/12/1998 10:06 5086850870 32. APPLIANCES/BROOM CLEAN NANCY NORBEDO PAGE 1© At the time for delivery of the deed, all appliances included with the premises will be in operating condition. Further, SELLER shall deliver the premises at the time of delivery of the SELLER's deed, as determined hereunder, in a broom -clean condition, removing all of the SELLER's possessions therefrom not being sold to the BUYER, including without limtiation all debris, trash and other items of personal property. 33. CONNECTION TO PUBLIC SEWER SYSTEM In addition to any other obligations which the SELLER has under the terms and conditions of this Agreement, the SELLER covenants and agrees that the SELLER will make any and all arrangements, and,pay any and all fees, assessments and/or expenses, necessary to secure all appropriate permits and complete all necessary work to connect the premises, and any structures on the premises, to the public sewer system for the Town of North Andover and to properly and legally disconnect and close the existing private on-site system. When completed the BUYER will, at the SELLER'S expense be provided with a certification by appropriate officials of the Town of North Andover and the licensed contractor selected, with BUYER'S approval, and paid by the SELLER, confirming that the sewer connection has been completed in compliance with all applicable laws and regulation and that the existing system has been disconnected and closed in conformance with all applicable laws and regulations and that all fees, expenses and assessments have been paid in full. In addition, the SELLER shall arrange and pay for the restoration, as nearly as possible to the existing conditions, of any damage which may be done to the structure, the lawn or the landscaping on the premises in the process of completing the sewer connection and/or closing the existing septic system. The SELLER, acknowledges that the work necessary to complete the conversion to the public sewer system can not be completed until after the closing of the sale to the BUYER. Therefore, the SELLER agrees that the sum of $6,000.00 will be held in escrow, in a non-interest bearing account, out of the SELLER'S sale proceeds by Attorney John Connolly, Jr. or such other party as the parties hereto may agree, pursuant to any escrow agreement to be executed by the SELLER at the closing. Further, should the amount of the escrow not be sufficient to fulfill the SELLER'S obligations hereunder, the SELLER shall remain liable to the BUYER., for any outstanding balance which remains due and will indemnify the BUYER and hold the BUYER harmless from and against and expense, loss or damage which the BUYER may suffer as a result of the SELLER'S failure to fulfill its obligations hereunder. The provisions of the paragraph 33 will survive the closing of this transaction and the transfer and recording of the deed and will remain enforceable against the SELLER by the BUYER or BUYER'S successors in title. 4 Date: 2%g' pa � . "h Date: C Date: 46� 1 .. MAO r� POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That David L. Johnson and Eileen M. Johnson, hereby appoint Mark Ford, a Massachusetts attorney, having offices at 300 Essex Street, Lawrence, Essex County, Massachusetts to act autonomously and with complete authority as true and lawful attorney for us, and in our name, place and stead, to enter into offers, purchase and sale agreements, or contracts of a like nature, for transfer and sale of real estate and buildings situated at 99 Meadowview Road, North Andover, MA 01845 upon such terms as our attorney shall think fit, and to execute and deliver a good and sufficient deed for the conveyance or transfer of the same, to make, prepare and accept any forms, disclosures, or other documents relating to said property required pursuant to the Real Estate Settlement Procedures Act of 1974 (RESPA), to represent us at closing or passing of said property, to make such adjustments and disbursements at said closing as may be necessary, to collect and any all proceeds or funds that may be due us as a result of said passing, and in general, to act in the premises as effectively as we could if personally present, hereby ratifying and confirming all that our attorney shall lawfully do by virtue hereof. This Power of Attorney is effective as of the date recited below and shall remain in effect until proper notice of its termination has been executed and recorded or upon the subsequent sale of the above premises, whichever event shall occur first. This Power of Attorney in the said Mark Ford , shall not be affected -by the subsequent disability or incapacity of either of us. — ITNESS our signatures this e2,lr74'1,- day of anuary/ 1998 kc�� '"' :Z)_ _J:2 Tom? WtYNESS COMMONWEALTH OF MASSACHUSETTS Essex, ss. The foregoing instrument was acknowledged before me this 2S-14— day of January , 1998, at Lawrence, Massachusetts, by before me