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Home My WebLink About2004-04-22 Deed SPR P" 6 DEED We, Irving F. Rogers 111, Walter E. Rogers and Ronald J. Ptjlina . ..q . I as we are Trustees of Peters Street Realty Trust u/d1t dated February 12, 1990,reed'rded with Essex North District Registry of Deeds in Book 3086, Page 286, for consideration of Ten Dollars ($10.00)paid,grant to Peters Street Realty, LLC, a Massachusetts limited liability company with an address of 100 Turnpike Street, North Andover, MA, 01845 (Attn: Irving E. Rogers 111), with quitclaim covenants,the land in North Andover, Essex County, Massachusetts, more particularly described as follows: A certain parcel of land, with the improvements,thereon, if any, in North Andover, 13ssex County, Massachusetts,,, shown as Lot H, containing approximately 124,482 S.F. of 2i858 AC. on a plan of land entitled: "PLAN OF LAND IN NORTH ANDOVER MASS. PREPARED FOR FIRST METHODIST CHURCH—Scale�40',dated December 20, 1989, prepared by Richard F. Kaminski and Associates, Inc., recorded as Plan No. 11717 with Essex North District Registry of Deeds with the deed hereinafter referenced. Meaning and intending to convey and hereby conveying the sarne premises described in deed dated February 12, 1990, from Robert W. Cookson, et al,Trustees of the First 0�- United Methodist Church of North Andover to Jacqueline 11. Rogers, et al, Trustees of said Peters Street Realty Trust,recorded with said Deeds in Book 3068, Page 299. Said premises are conveyed subject to and with the benefit of any and all easements, restrictions, and agreements of record to the extent now in force and applicable,and, without limitation of the foregoing, subject to the following: I. Restrictions set forth in the afore-mentioned deed, as amended by Agreement and Amcnolment dated May 9,2003, between Johh B. Lewis, et al, Trustees of First United Methodist Church of North Andover and the grantors, to be recorded herewith; and 2. Declaration of Protective Covenants and Restrictions dated May 12,2003, by the grautors,in favor of the Town of North Andover, rccordcd with said Deeds on June 1�,2003 as Document No. I 5 31<, in Book , Page 3. Drainage Fastment to the Commonwealth of Massachusetts,recorded with said Deeds in Book 614,Page 119, 4. Water Easement to the Tovm of North Andover,recorded with said Registry of Deeds in Book 1082, Page 126. JON IS"03 AR11*6 fBK 7 PG I.E' Executed as an instrument under seal as of the day of V*\,;,., 2003. individually Z' stee aid not Walter E"-i�9" � I individually COE, flh-A'0' dmna, Tirustec and not individually COMMONWFAL,fH OF MASSACHUSETTS ESSEX, ss 2003 Then penonalty appear rd the above-namcd Irving P..Rogers 111,Tm-stee as aforesaid, and ack-mwledged the foregoing to be his free mi and deed, betbre me, .. -oill��ublic CONSTRUCTION EASEMENT FIRST UNITED METHODIST CHURCH OF NORTH ANDOVER, a religious corporation organized and existing under the laws of the Commonwealth of Massachusetts ("Church"), being the owner of certain premises described as Parcel A in a deed dated February 12, 1990 recorded with Essex North Registry of Deeds in Book. 3068, Page 299 (the "Church. Premises"), for consideration of $1.00 paid and for other good and valuable consideration the receipt of which is hereby acknowledged, grants to PETERS STREET REALTY, LLC, a Massachusetts limited liability company ("Company"), as appurtenant to Company's land described in deed of Irving E. Rogers III, et al, to Company dated June 9, 2003 and recorded with said Deeds in Book 7297, Page 160 (the "Benefited Land"), the perpetual right and easement to enter upon that portion of the Church Premises shown as "Proposed Construction Easement 1,373 S.F." on a plan prepared by Vanasse Hangen. Brustlin, Inc., dated 3/24/04 attached hereto as Exhibit A, and incorporated herein by reference, for purposes of constructing and maintaining a retaining wall on the Benefited Land. Nothing herein shall be construed to permit any portion of such retaining wall or any other permanent improvement to be placed or maintained by the owner of the Benefited Land on or in said easement area or any other portion of the Church Premises. In the exercise of this easement Company shall not remove any structures, fences, or playground on the Premises, shall be sensitive to existing vegetation, shall not use chemicals on the Premises, and shall install a covering on the existing chain link fence to reduce dust from and visibility of the construction work. All use or exercise of this easement shall be at the sole risk, liability and expense of the Company, and the Company shall fully restore the easement area to its prior condition upon completion of such use or exercise. The benefits and burdens of this easement shall run with the Benefited Land. Executed as an instrument under seal this day of , 2004. FIRST UNITED METHODIST CHURCH OF NORTH ANDOVER, actin b and through g y ._...ugh its Board of Trustees ,C irman, d thorized By: Vice Chairman, duly authorized COMMONWEALTH OF MASSACHUSETTS ESSEX, ss , 2004 Then personally appeared , as Chairman of the Board of Trustees, and as Vice Chairman of the Board of Trustees of the First United Methodist Church of North Andover, each proven to me by satisfactory evidence which was a Massachusetts driver's license to be the persons named above, acknowledged the foregoing to be their free act and deed and the free act and deed of said church, before me, Notary Public (signature and seal) My commission expires: CONSENT OF PASTOR In my capacity as Pastor of the First United Methodist Church of North Andover, hereby consent to the foregoing Construction Easement. This consent is pursuant to the United Methodist Church Book of Discipline, Paragraph , Subparagraph Pastor CONSENT OF DISTRICT SUPERINTENDENT In my capacity as Central District Superintendent of the First United Methodist Church of North Andover, I , , hereby consent to the foregoing Construction Easement. This consent is pursuant to the United Methodist Church Book of Discipline, Paragraph , Subparagraph Central District Superintendent .... ...... ..... . L'�OM7SmTtaPfmrr�ieclGNACM7J76Ud TfMp_emrq.d«q if ; —F E=196.4 ) (LOWER�LEVEL 1 1 LXIS ,I INC CHURC I �- 1 � �- 1 f � L190�26' PRrPUSE LSTRU070N EASEMENT �1,373 S.F, x� 1x i 20.22' I 36.7 DRY 65.9' '~ � � -- �.. MObULAR RETAINING WALL R27Q.Q + f 54.1, cn wpm!Om IffQ❑ \ i Q � III}}I v i •� I�Ij � �' Figurc I 3124/04 Tcmporary Construction Easemcnt Proposcd CVS 0 10 zo Foot North Andovar,Massachuscas .................................................. .. .