The URL can be used to link to this page

Home My WebLink About2012-06-19 QuitClaim Deed 2008-06-27 Bk 1.1232 F*i3293 •-17107- 06-27-2OOB 'a 01 W 451P COVER SHERD' THIS.IS THE FIRST PAGE OF THIS DOCU-1%UNT DO NOT �f!l GRANTOR GRANTEE . ADDRESS OF PROPERTY CITY/TOWN TYKE OV DOCCT11 Nfi �MLC. ASGNMENT_ . ,DEED .6D MORTGAGE NOTICE TYPE DISCHARGE SUBORDINATION AFFIDAVIT �CART - TYPE DEC OF HOMESTEAD UCC . TYPE AEC OF TRUST OTHER DESCRJIHE Essex North ke8istry of Deeds Robert F. Kelley, Register 354 Merrimack St, Suite 304 ' Lawrence, NU 01843 (978) d 83 w2745 www lawrencedeeds.com Bk 11232 Pg 294 #17107 RETU tN TO: Albert P.Manzi III,Esquire 24 Main Street North Andover,MA 01845 QUITCLAIM DEED (CONTAINING A USE RESTRICTION&EASEMENTS) Sutton Redevelopment, LLC,24 Main Street North Andover Massachusetts,a duty organized Massachusetts Limited Liability Company("Grantor")in consideration of value received grants to Rear Lot,LLC,24 Main Street North Andover,MA a duly organized Massachusetts Limited Liability Company("Grantee") with QUITCLAIM COVENANTS the land with any improvements and or buildings located thereon herein identified as: 0 Main Street North Andover MA known as PARCEL III: Rear of 22-24 and 28-30 Main Street being a portion of the land conveyed to Sutton Redevelopment,LLC by Anthony S. Conte, Sr. described and identified as PARCEL III: Rear of 22-24 and 28-30 Main Street,North Andover MA dated July 13,2001 and recorded at the Essex North Registry of Deeds Book 6249 Page 218 and further identified in part on Plan 15118 recorded at the Essex North Registry of Deeds as"ANR Subdivision Plan 22.24,2 8-3 0 Main Street in North Andover,MA"by Marchiondia&Associates,L.P. dated July 7,2005 NIF Sutton Redevelopment,LLC Book 6249 Page 218; Being the same property identified within"Confirmatory Partial Release of Mortgage and Collateral Assignment of Leases and Rents"dated December 4, 2007 and recorded within Book 10990 Page 36 at the Essex North Registry of Deeds, Together with and subject to any EASMENTS and or USE RESTRICTIONS of record and subject to the following EASMENTS and or USE RESTRICTIONS more particularly described as: A. ACCESS EASEMENTS: ACCESS EASEMENT 1: The Grantor reserves to the Grantee the perpetual easement right to pass and repass for the purpose of ingress and egress, transmission of gas,electricity,telephone,cable, intelligence,water and sewer service on,through, and under parcel 12A as identified on Plan 15118 recorded at the Essex North Registry of Deeds being an "ANR Subdivision Plan 22-24,28-30 Main Street in North Andover, MA"by Marchiondia& Associates,L.P. dated July 7,2005 by way of an 1 V (Eleven foot)easement in width running east to west along the easterly and westerly perimeter of the property approximately 120 feet more or less on each side; and by way of an 40 foot(Forty foot)easement in width running north and south staring at the rear southerly corner abutting PARCEL III and running northerly more or less at the rear of the property and terminating at the northerly corner abutting 1 of 6 Bk 11232 Pg 295 #17107 PARCEL III,and being for the purpose and benefit of accessing PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA as described in Book 6249 Page 219 as identified in part on"ANR Subdivision Plan 22-24, 28-30 Main Street in North Andover,MA"by Marchiondia&Associates, L.P. dated July 7,2005;provided that use ACCESS EASEMENT 1 does not unreasonably obstruct said private way of Grantor with respect to its interest fee. ACCESS EASEMENT 2: The Grantor reserves to the Grantee the perpetual easement right to pass and repass for the purpose of ingress and egress, transmission of gas, electricity, telephone, cable,intelligence, water and sewer service on,over,through, and under parcel 13A as identified on Plan 15118 recorded-at the Essex North Registry of Deeds being an"ANR Subdivision Plan 22-24,28-30 Main Street in North Andover,MA"by Marchiondia& Associates, L.P. dated July 7,2005 by way of an I P (Eleven foot)easement in width for the purpose and benefit of accessing PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA as described in Book 6249 Page 219 as identified in part on"ANR Subdivision Plan 22-24,28-30 Maim Street in North Andover,MA"by Marchiondia&Associates, L.P. dated duly 7, 2005; ACCESS EASEMENT 2 Being the same Easement reserved to the Grantor recorded at the Essex North Registry of Deeds dated August 31, 2005 Book 9738 Page 94 together with all rights and privileges reserved to the Grantor therein; Said ACCESS EASEMENT 1 shall include but are not limited to ingress/egress by pedestrians,automobiles,trucks,bikes,motorcycles, motorized bicycles,etc. as identified within the first paragraph of ACCESS EASEMENT Z and also: provided that transmission of gas,electricity,telephone,cable,intelligence, water and sewer service do not unreasonably obstruct said private way of Grantor,and,provided further,that such placement, installation, or construction is done in accordance with regulations,plans and practices of the utility company which is to provide the gas, electricity, cable,intelligence, or telephone service, and the appropriate cities,towns,districts,or water companies which provide the water service. Said agencies,which provide such service, shall comply with the rules and regulations of the division of water supply and the department of telecommunications and energy. Any such owner or owners shall grant permission to a public utility company or water company to enter upon said way or other private ways to place, install,repair, or relocate pipes,conduits,manholes,and other necessary appurtenances for the transmission of gas, electricity, cable,intelligence,telephone or water service in accordance with such company or companies regulations,practices and tariffs filed with the department of telecommunications and energy or the division of water supply;provided,however,that no charge or added 2 of 6 Bk 11232 Pg 296 #17107 assessment shall be levied by such public utility company or companies against any such owner or owners not connected to such service or services. Neither the person installing or repairing public utility facilities,nor such facilities,nor the gas,electricity,telephone or water service transmitted shall be deemed to constitute a trespass upon said way or ways. B. DRAINAGE AND UTILITIY:Utilizing the ACCESS EASEMENTS as described in paragraph A of this Deed the Grantor reserves the perpetual rights and easements to the Grantee to construct,repair remove,replace operate and forever maintain(1) a sanitary sewer or sewers with any manholes,pipes, conduits, and other appurtenances, (2)pipes, conduits and their appurtenances for the conveyance of water,and(3)a covered surface and ground water drain or drains with any manholes,pipes,conduits and their appurtenances, and do all other acts incidental to the foregoing,including the right to pass along and the land for the aforesaid purposes, in, over,through and under the whole of lot 12A for the benefit of PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA respectively as described in paragraph A--ACCESS EASEMENTS of this Deed,the plan areas are incorporated by reference. The perpetual rights and easements to construct, inspect,repair remove,replace, operate,and forever maintain covered surface and ground water drain or drains with any manholes,pipes,conduits,and their appurtenances for the management of storm water runoff along with water mains,if any,in the area designated in paragraph A-ACCESS EASEMENTS for the benefit of PARCEL III Rear of 22- 24 and 28-30 Main Street North Andover,MA. C. UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM: The Grantor reserves to the Grantee the perpetual right and easement to lay, install,construct, reconstruct, repair,replace,remove,add to,maintain and operate for the transmission of high and low voltage electric current and for the transmission of intelligence,and"UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM" consisting of lines of buried wires and cables and lines of wires and cables installed in underground conduits,together with equipment and appurtenances thereto for the transmission of intelligence for the furnishing of electric service to the herein described premises and others,and without limiting the generality of the forgoing,but specifically including the following equipment,namely: manholes,manhole openings,hand holes,junction boxes,transformers, transformer vaults,padmounts,padmount transformers and all housings, connectors, switches, conduits,cables and wires all located within the easement area hereinafter described in paragraph A--ACCESS EASEMENTS for the benefit of PARCEL III Rear o£22-24 and 28-30 Main Street North Andover,MA. 3 of 6 Bk 11232 Pg 297 #17107 D. TELEPHONEXABLE AND COMMUNICATIONS SYSTEM: The Grantor reserves to the Grantee the perpetual right and easement to lay, install,construct, reconstruct,operate,maintain,add to,replace and remove CABLE WIRES AND E. LINES as part of TELEPIIONEXABLE AND COMMUNICATIONS SYSTEM for the transmission of intelligence and telecommunications upon,over,under and across the easement area described in paragraph A—ACCESS EASEMENTS for the benefit of PARCEL III Rear of 22-24 and 28-30 Main Street North Andover, MA. The above rights being more particularly described as the perpetual right within said private ways to lay, construct,reconstruct, operate,maintain,replace, and remove UNDERGROUND CABLES,pipes,conduits,manholes,and such surface testing terminals,pedestals,repeaters,markers, and other appurtenances with wires and/or cables therein as the Grantor may from time to time desire within the easement described in paragraph A—ACCESS EASEMENTS for the benefit of PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA. F. TRANSMISSION OF GAS: Utilizing the ACCESS EASEMENTS as described in paragraph A of this Deed the Grantor reserves to the Grantee the perpetual rights and easements to construct and reconstruct,repair remove,replace operate and forever maintain(1)a TRANSMISSION OF GAS system with any manholes, pipes,conduits,and other appurtenances, (2)pipes,conduits and their appurtenances for the conveyance and transmission of Gas natural or otherwise, and(3)a covered surface with any manholes,pipes,conduits and their appurtenances,and do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes,in,through and under the whole of lot 12A as described in paragraph A—.ACCESS EASEMENTS of dais Deed for the benefit of Lot PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA respectively,the plan areas are incorporated by reference. G. RECIPROCAL EASEMENTS: The Grantor reserves to itself,its successors and assigns, Reciprocal Easements for the benefit of lot 12A that have herein been identified as ACCESS EASEMENTS in the above sated paragraphs A-F for the Grantee. H. PARKING x: The Grantor reserves to the Grantee,its successors and assigns, the perpetual use easement for the purpose of using on an as needed and non exclusive basis the parking spaces that exists on lot 12A as depicted on"ANI.Z Subdivision Plan 22-24,28-30 Main Street in North Andover,MA"by Marchiondia&Associates,L.P. dated July 7,2005 22-24 Main Street North Andover MA known as parcel 12A as identified on Plan 15118 recorded at the Essex North Registry of Deeds being an ANR Subdivision Plan by Marehiondia &Associates,L.P. dated July 7 2005,plus any other or additional parking spaces which may exist now or at a future date on or within lot 12A for the benefit of 4 of 6 Bk 11232 Pg 298 #17107 L PARCEL III: Rear of 22-24 and 28-30 Main Street; This parking easement shall be restricted to and include the Grantee and its clients,the Grantee's tenants and or their clients all of whom are conducting business at and or residing at PARCEL III:Rear of 22-24 and 28-30 Main Street North Andover. The Grantor shall be prohibited from assigning and or leasing individual parking spaces without the express written consent of the Grantee; Said parking easement shall not unreasonably obstruct said private way of Grantor. J. PARKING 2: The Grantor reserves to itself,its successors and or assigns,the perpetual use easement for the purpose of using on an as needed and non exclusive basis the parking spaces that exists on lot PARCEL III: Rear of 22-24 and 28.30 Main Street either existing or as depicted on a future plan,plus any additional parking spaces which may exist now or at a future date on or within lot PARCEL III: Rear of 22-24 and 28-30 Main Street for the benefit of lot 12A; This parking easement shall be restricted to and include the Grantor and its clients,the Grantor's tenants and or their clients,all of whore are conducting business at and or residing at lot 12A. The Grantee shall be prohibited from assigning and or teasing individual parking spaces without the express written consent of the Grantor; Said parking easement shall not unreasonably obstruct said private way of Grantee. Together with and subject to the USE RESTRICTION of record dated July 11,2001 BOOK 6249 Page 219 being a portion of the property conveyed from Anthony S. Conte, Sr. to Sutton Redevelopment,LLC. EXECUTED as a sealed instrument this a7 day of June,2008 Sutton Redevelopment,LLC ert P. Manzi III.,Manager 5 of 6 i r Bk 11232 Pg 299 #17107 COMMONWEALTH OF MASSACHUSETTS County of Essex, ss On this a'']day of June 2008,before me,the undersigned notary public,personally appeared Albert P. Manzi III,&Albert P. Manzi Jr.,and proved to sae through satisfactory evidence of identification,which was a driver's license,to be the person whose flame is signed on the preceding or attached document,and acknowledged to me e stgne I tary, for its stated purpose. otary Public Comoro assachusetts My Commission Expires: DAVID K FEENEY Notary Pub1lc COMMONWEALTH OF MASSACHUSETIS My C.OTMM151lon Exglies July 12. 2013 6of6