HomeMy WebLinkAbout1077 OSGOOD ST - Deed of Easement 6/12/1990 ' C ; __ ' 9 : a : l4 FROM 614 225 4214 FAA , 002
FEED NOF EASEMENT
THIS WDENTURE WiTNESIETH, that EORDEN, INC , , formerly named
TKE BORDEN COMPANY { the "Grantac" j , with a principal place of
btr_. . oess at 180 E . Broad Street , Columbus, Ohio 43215 , and dull
auw�kylned to do baniness its the State of Massachw*etts for and in
considoi Lion of the Sum of e'er} Dollars ( $10 . 00 ) and ether good
and valuable consideration , the receipt of which is hereby
acknowledged , does he , ehy grant. to ANGUS REALTY CORPORATION the
( "Grantee" ) its successovs and assigns , whose post office addresL-
is 1077 Osyuod Street, North Andover , MaSyacbusetts 01645 , a
permanent easement ( herein the „easement promises" ? together with
certain temporary constrantion areas all as shown on a certain
Plan Qf Drainage %3eMent by M . Anthony Lally Aspoc. , jpc . , doted
` . ' - .nary , 1990 , and designated herein Nhibit A, over and across
northwest corner of Grantor ' s land described in the attached
plan designated Exhd hit A . When the easement premises and
construction boon areas have been s4rveyed, the legal descriptiont
thereof shall be incorporated and substituted herein as revised
Exhibits .
1 . Use of Vasement Premises . The easement premises Ind the
rights and"'prrvleges herein ITanted shall be used by Grantee only
for the construction , to-construction, repair, operation and
mm i ntenanne of that portion of a surface water drainage System.
( including but not limited to a pipe , permanent rip rap dtainags
nhannel , and a temporary sedimentation area ) , as Shown on said
plan , only for the bQuefit of the grantee ' s lard ( in its r resent,
t-Qndition and as it may hereafter be developed) situated at 1077
Osgood street , in said North Andover , as more fully . . we:: in
two certain deeds dated March 16 , 1960 , and February . & .. ;nd
recorded Q the North Diatrict of Essex Registry of Dex ::7 &
912 , Page 443 , and Book i787 , Pace 270 , respectively . : _. of the
easement premises is not exclusive to Grantee 4nd shai _ ae subject
to all existing easements or rights of way. Gfuntor retains and
preserves the right , for it8elf and its Successors and assigns , to
use the easement premises and subsurface and for any and all other
purposes that do not interfere with use of the ewenent premises
b Grantee . Grantee shall not plave on the easement premises any
signs , structures , poles , lights or anything else CAM M the
prior express written consent of Grantor, but Grantor will
uooperhte with any rea vnabje requirezents for Ani5caping
requested by the Town of North Andover .
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ArM of Easement . The rights and privileges granted
herein shams be possessed by Grantee , its successors and assigns,
to long as said parties use and maintain the easement ptsMises and
Grantee , its successors and assigns continue the lose of Grant:ee, 5
lard as a shopping/office center , in accordance with all of the
terms and conditions herein .
3 . Construction. All plan8 for construction of the d akagt!
system and the iistiylati= of ant sanitary sewer line shall be
first approved by Grantor , which approval shall not be unreasonably
withhold , All construction will comply with all Wilding , moving
and other applicable laws , ordinances and regulations . clean up
and restoration shall be accomplished at the earliest ponsible
times , restoring the temporary and all disturbed adjoining land at
Pearly as possible to its contrition prior to such work being
PerfeWed . Grantee shall not interfere with the operation of
Grantor ' s plant or the access thereto during construction without
giving Grantor notice and obtaining a nutual agreement as to acaes ,
and there shall be no adverse drainage resulting from construction
which affects Grantor ' s land described in Exhibit A. The temporary
con5truotion easement shall terminate and be ext0guished without
farther documentation upon completion of such construction and
reahr,rstiO 3 vt thv t0WV010LY t,:unztruciian areas ano the easement:
premises .
4 . 'title . Grantor covenants that it is the fee owner of the
?and de5criFel herein and has the right to grant the. rigbts set
fnrth herein, but that, .its coveAants and warranties heroin contained
are expressly limited and shall be held applicable only to Grantor ' s
own acts In -relation to the above-described real estate for the
period of time Grantor has been the owner of said real estate and
nQt otherw0e , For Grantor ' s title, see seed dated June 11 , 1962 ,
recorded Registry of Deeds, Book 960 , P. 213 .
S . maintenance . GraAt,ee covenants to maintain the easement
promises K goo opeir and condition . If Grantee fails to perfccros
its obligations hereunder, Grantor may, after 10 days , notice to
Grantee , perform any necessary work and recover the cost from
Grantee .
. Indemnity. Except for the We negligence of the Grantor ,
An agent, servants , employees , successors or assigns, rantv. :
shall indemnify and hold Grantor , its agents , servants , remployVes ,
successorE and assigns harmless from and against any and all zalts ,
AaM8, damages or llah'lit"5 including reasonzble attorney fees
arising Out of Or' in connection with Grantee ' s use of the Wement
2
1111E AMOK 0 1 - non W- . _
parcel .
7 . 1RI.MnIng Of' Covenants . All provisions of this deed ,
incluSi.ng�`th -benefits and bardens, run with the land and are
binding up= an enure to the stccewsOrs and assAgns Qf the partiq
hereto .
IN WITNE61 WHEREOF, the said BORDEN, INC . has caused its
corporate seal to be hereto affixed and these presents to by 579ned
ackn�.��.
Iedged tad do ' voted in its name and behalf hy1ja
itsel_, It hereto duly authocizoo thisp sy WE*:i 90 .
Signed and Sealed in presence of :
Attest . Rol=w, INC .
By ;
H. Cort Doug t J9
Assj8ant Secre Tile ;
Lin. Q2 zzq
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TAT OF OHIO
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STAT
Franklin County,
Then- personally appeared the above aed n
t;
and CHO 006e foregoing
AsUnument to be the Me TATS Ned of Borden , inc . befoTo me P
4o aAry,p
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This Instrument Prepared ny; wamm MIR
Hd Cobs Doughty, Jr . , Esq.
Borden, Inc .
180 E. Broad Street
Columbus , Ohio 43215
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