HomeMy WebLinkAbout1995-11-09 Deed Recorded r
DEED
1, SAMUEL SITW NS ROGERS, of 7 Abbot Strut, Andover, Essex Cooney,
Ma55fi hUselts 01810("Grantor"}for corsidentim paid and in ful l consirlmlon of Two Million
Nina Huadrtd Scwenly-five Thousand (52,975,000) Dollars, thn receipt of which is hereby
acknowladSed, Srarlt to El7GEWGGD RETIREMENT CO iLNW, INC., a not-for-pml'it
corporation orgaaiud under the provisions of Mumhusett, Gauss! Laws, Chapter 180, with
a usual place of busiam in; North Audowtr, Esnx County, Mmuh=s M( "Ciirwic ) with
Ln
aileWm Cova=L% a zerWn pawl of land situated on the 1~sgerly side of Osgood Strad in
North Andover,Essex County, shown as Lot 6 oa a plan entitled, ^Plan of Laud
f No.Andover, m."by Harry R. Feldman,lip.,Land Surveyor,dated April 1 i, 1989,consisting
of four shoats, rcxordtd in Essen North District Rcogt r of Deeds as Pion No, l 1656 of 1989 es �
0 effnctcd by an Affidavit dated Noymber 9,J989,-recorded with said Deeds in}look 3029, Pagt M
4J 90, (fho "Plan"),said Lot 6 being shown on sheet i of 4 of the Plan and being bounded am
d cribod ae set forth in Exhibit A attached bereto and roc a past hereof,containing,a"ording
°o to said Plan as affected by said Affidavii 2,716.664 ± square feet or 62.366 + ages. (die:
t "Remises"). There is also conveyed hmwith as apptulenast to the Pwwiaea the 7oliowing-
0
-0 (1) All rights, title, and interests, if any. of Cimmor in, to and with rospors to =y land
° lying in the bc'd of Osgood Street directly abutting the Premises;
y (2) the eon-exclusive right, in corttl7 n with Chortler and all others legally entitled
40
thereto, to pass and repass over the "Lane To Pond Pasture (PAvate Way)" shown on the Plan;
C (3) them is also cauveyed hefewith es apptut=Wt is the Premisrs the perpetual Md
y.# cxolwive right attd tascmcnt for sigm ige, drainage, grading and slope rights irk Owt Ccrudri
Q triangular panel of land containing 1,332 squm feet mW being dosig=tt$on the Plan(sheet]
in of 4) as "Drainage, GTading& Signage Easement",-said parcel of laird being more garlicularly
u
bounded and described as follows: to
+� WTMY by Osgood Steel, 03 s3sewrt an said Plan, 38.06 feet;
NORTHERLY by the remaining porden of Lot 5A, as shown on-said Plan, 70.00
feel;
SOUTNEASTERLY by Lot 6, as shown un said Plan, 79_69 feet_
together with-the perpetual and exclusive rights and easements in those portions of Lots 5A and
7 shown on the Plant drsiVwwl as"f oFauuoion Eaz=nt'X ,"Construction Easement V*and
'Conshuction Easement OC'"on tlu plan}entitled, "Platt'Showing FAMMenis for Edgawood Life
Cam, lttc No. Andav , MISS." doled August 20, 1991, pmpared by Hwy K. Feldman. ln% to
be recorded .bercwiih for drain ge, 9 MdM9 aced slope rights, ell as rea, nably required for
cnr►struation,use,maintenmce and repair of an access road on Lot 6. H wever,norMlhsraMing 9L
the provisions set forth in ribs paragraph (3), Grantor reserves to himself and Je his ffa emots
1��41� i=dq�•��-3rxi ls�-rr.Qtr�:st,
j �ikJC's_ 51t� -
BK 4378 PG 11
and a$sigaa as the owners of LOIN 5A and 7 shown are the Purr the right to use those portions of
Lots 5A a d.7 sub*t to lire mwmeots gmtod hereto for all parWses wlxioh are not jaconsisIcal,
and which do not unreasonably interfere,with the rights and easemeets herein granted by Grantor
provides that Cir ,MWr, NU'not arse'or allow trip other Person or Entity other than Grautac, its
successors and assigns,the right to erect and rnainlain aignage within the trian,�•casement area
described Lorain.
This convormce is made subject to mid with dic benerlt of the following raslrictions,
covet3ants, licensor aM resarvadons of rights to which the Cmmlee by the ac=Ptance of this deed
uW us Pare considua0an themforo ha eby covenants Wd RUM to, on its behalf arrd on bahzlf
Of its successors,and assigns;said restrictions,covsnan%11ccum end reservations of rights shall
run with the land, be binding uPou the Parties,and their respmtive buim. successors and assigns
and remain in foil fofcc and effacl until the vwlicr to owur of a period not exctsriiir}g twenty_0ne
(21)Yomafter the death of the last to dia of the group cansLsting of Samuel Slovens Rogers and
his issue living on March 11, 1992, of for fitly(50)yews &urn March 31, 1992, Won artier
tamed by rerun of Grantor, his heirs, lruo mrs or assigns failing to ooattnue to operate the
property retained by Grantor and kaown ax gewood Farm,as a farm far horse bow ing[rndlor
fear ridinglcarringe trails. Said vtgricdons, covcnatots, L wnms w1d reservstlflm or rights are as
faltcws:
I. (a) Tbc Pmmises shall be used only for a life-me facility,.5W1ar is Go cc so other
fkili res-developed by Life Cate 8orvices Corporation, a oorgaration Organiiod uiador the laws
of lows with u principal place of busies in N3 Motes, Iowa This restriction will be
mbordip,uted by Grantor in favor of any mortMe 11en ar other right granted by C mtee to gray
Imiding inWtudoa making-4 loan an lba premises for the pafrpase of consiructi.ng or operetiug
fire life-case fsaillty.
(b) Any houses,garages, out bu ldiogs,PMs,plug lots, teouis courts, fences end
other structures erected or aittrated on dw Pr+eMIM "I be so located so as to minimirc(to the
extent reasOM* poss61e) the impact of the mire upon the existing pWura lands and farm
operation.
(a} Upon.completion of ail site development im.ludsng, trot not I Irrlited 10 fil3wiation
of sctrtlo systems and ertilidcs,all top sail which hm been disturbed shall be replaced and tho turf
resodded or rasmded.
(d) Cmentor Emdfor Ws designers shut I be aftwcd to cultivate and harvest hay and ofljor
grass crops at no cast to Grantor on those portions.of the Premises reasonably designated by
Grasrtee to be used for pasture land ardor haring,subject to reasonable rights ofindestifxradon
or inwonce spedfied by(huntee and nuvu tg from Cirontnr to Granter, Furthtr, any driveways,
parking areas,fencing and landscaping installed by Gmmlee shall bcc so,designed and aonAwcW
so as not to unduly impede CMM?Or's ability to mechanically eultivatc and harvest hey and SMF
crops,
(0) Grantor anrdlor his designeas sisal I be allowed to cut an4 remove up to twenty(20)
cords of ftrcwoad annually born 8reas on the Premises as shall be mutually agreml between
Cirurntnr N d{l=Ua PrQvid0d that such fa wucd is for tk personal ust of owners,occupants and
workers on the pariion of the property WaIned by [}motor and known as FAgew F um,
{1} Grantor shall be aJlavred to rnainUiU bAdW puthx RW carriage roads over the.
Pfernises in such locations as are rnutuellY agreed btNawn Grantor and Gnmtm provided that the
same do not "terfam with thO a 5v of the Promises for a fife-earn conunue ty sad subject to
ressoaable rights of Jndemnilicadon or ir,m=ce Vwified by Oros and rurttaiag From GYaatar
to Gmtce_
(g} Umtor agrees to maintain all farm sftwrues and plank fencing in a man=
compstibie with the lift-rare center and with a working farm.
TIw exercise by Grantor and/or his desigum of any Of the right5 set furlh]a the aforesaid
subparagraphs(d), (e)and(t)ahall be subject to the turns of a certain Constrvetion Restriction
to be granted by G=tee to the't'ruatew of lteservatians shnultewcously Herewith, and CMMtcc
"I take such Veils as may be neco=k y to enohlo Grantor 4a cx&vise the rights set forth in
subparagraphs(d),(c)and(1)hereof,subject to and in ec rdame with the tarns and limitations
stt fords in sack Cojiserv&lion Restriction.
2. Ciro kt will replace any of C3raotor's utilities wialeh were disturbed during cwustrucdon
of tho access road as Lot 6,or in the al a=6ve, permit [3rantor, at lain own cock and expense
and so as not to intct#'ote with Granta5e's cansttrrc On, to tie into any of&anite's uEiJities afong
Lhc wcesa road provided sub utilities are only used to wMce oxisdng (of rclocated existing)
resid0nots, Cana *uuu , and Ferro-related uus, and for no other purpose, it is undumtood
between the pmties dwt Grantor a]►ell he responsible for obtaimg any arty all pGtntits nec4smq
for any such t€c-ins,and atech tie-iris sl}all only be at the capacity eppravod by C3runtec,grvvidcd,
however,if Gmaawe does not approve the capacity of the go-in requests by C'rrantor,Grantee shall
rcpf=e the utilitp so disturbed if,in fact, the utility for which Grantor is requesting a tie-in is in
place of an existing ratilliy Of Grantor's whicb was disturbed during construction of rkae access
rorrrJ.
J'he, within conveyance is Furtb:r made subject 10 all easements, Ewticlions, covenants,
liceftsas, rcwrvstions Of rights and rights of way of mwrd to the extent the same are In force
and applicable.
For GrWor's title, see two deeds from the Fim National H=k of FlostDn, T=jee, to
Samuel Stevens Ragers dated hint t4, 1994 aW Wober 22, 1986 and recorded with the E=x
North Districi Resgisxy of deeds in Book 1526, Page 134 mA Book 2363, page 3a6,
rtspectively.
�.._
r
i
i
BK 4378 PC 11
I
WKTNESS my hand and seal skis day of b er, 1995.
.. �S ,,l Stevens �t.agars
COMMONWEALTH OF MASSACHUSETTS
r ollr,, ss. cdlt4er X7 1995
I')=pera mHy append the kove named Swnttel Stevens Rogers and acknowledge)the
fGmgoing insl=unt to be his free act and dead, before we
a Perfs�ic
y Comytispion Expires: 4.'r ,.o+
N "
}} ,n •i r4
L+ {d 4
LiF ifi � }� 4J Le.
BK 4378 P6 11
The uudimigned hereby accepts the restrictions, Cavewmta, Ltcenacs and IVSMVBftous of
rightA set furth herein.
EDGEWOOD RETIREMENT CONRAUNITY. rNC,
BY' _..
Scar
COMMONVVF AL H OR MAS.SACHUS 'Y`
su€fek ss- Q a S . 1995
Sec pf-fA
Then personally appmed the agave narpcd Elixabclh A, Deland.Tmwwerlof Edgouwd
Rztixeoeut Comoranity, Inc.,and&cknuwlcdged the fategaing 4mrua ut to be the free act and
dzcd of said corporiWom, before rite
Notary Public -
My
FXIff$IT A BK 4378 PG 120
_, > FUTA
Ca melxcirtg st Mvm=husetis highway Wimd on the mAcrly silo of 0590nd Sheet;
ttwncc running N 8' 42' 17" W, 91ong the said easterly sick of 04004 Seed, a 657umcO of
l 90.57 feet to the point of beginning;
thence nuuu ng along the said easterly sideline of Osgood Street, NI 8' 42' 17" W. a distartee
of 150.00 feel to a point;
thence hH11ing and running N 52' 45' 13" 1E, a distance of 79.68 feet to a point;
thenw Mining and mmning N 66' 10' 59" E.a dfsta=of 165,10 feet to a point of Curvature;
thence turning and numn mg by a ceuvad lime to the right of radius 350.00 feet, a length of
199.23 feel to a point of tmgeucy;
thence 1$ $ 81' 12, 09, [1. a&Ttimso of 242.76 feet to a paint at cumtura;
tben= turning and rmning by a vzved lint to the right of radius 125-00 feat a length of
119.34 fact to a paint of tangency;
thence running S 26' 57' 2r E,-a distance of 45.37 feel.to a point;
thence nursing and refuting N 78' 5"3' 43" E, a dist=ce of 52-30 feet to a paint;
thence turning and ranging S I W 50, 12" E. a distanw of 21.00 feet to a paint;
thence tun-&g and nu ving 5 31' 14' 46" E. a distance of 1 S4.31 feet Io a POW'
thence Mining and running N 75' 42' 14" E, a Rance of 120,69 feet to a point;
thin= turning and running N 78' 26' 40" E, it digauvr of 64-67 feet to u poinlF.
thenm turning and running N 82' 57' 37" E, a distance of 53.67 feet to a point of ourvattuc;
1hance funrtitlg by a curved line to the right of radius 685.04 fact a length of 243.96 fmt to a
Point;
thence pursing and miming N 13- 22' 00" E,a dinlance of 150,00 feet to a print;
thcucc Mining and running N 13' 25' 33" E, a disuse of 22-00 feet W a point;
BK 4378 PG 11
thence turuinng and runtng by the following five G(WOS;
S 76` 33' 4$" E, a c#l5taaca of 84.46 foot;
92' 55' 37" E,a distance of 79.20 feet;
S 93' 59* 23" E. a dice of I01,i 1 feet;
S 85' 03' i 1" E, a distance of W.77 feet;
S 89' 03' 24" E, a distance of 5 1,10 f0et to the e11d of a stone wa1i;
thr,nce r4=dag and nmning 5 62' 59* 08, W, along a Stoat v,'afl, a dicta= of 60,14 feel to a
M11 bole at the corner of else stone wail;
thence turning and rnatnruug S 19` 17' 59" E. along a swnc wall. a distance of 181,49 feet to a
point at the aoruor of a MR4. wadi;
thence turning and rmning along a stone wall the follovnng fear courses'
N 78' 53' to, E. a distance of 286A3 fret;
N 78' 32' 29" VY a distance of 168.03 feet;
N 79' 04* 17" E, a disumm of 363.94 feet;
77' 34, 2D" B, a distance of 325:fret to the shore of Lake Co.Wchewiuk as located on
January b, 1986;
thence iming and nmu4ig by said shore of Lake Cocluchewick as located on January 6,
1986, 1.465±feet to a point,
thenco turning eked running S 7V 55' 35" W, a diwWma of 594* feet to an iron pipe;
dxwe (umI tg umd rimming N 17' 50' 15" W, a distanca of 2.34.43 feet to a drill hale at the
corner of a s#Gm wal I,
Lbenaa tum ng and nearing along a stone wall the followz ug four 00arse3;
63' 29` 40" W, a distance of 215,03 feet to a MV halo;
S 76' 29' 23" W, a dicta= of 311.43 feet to a drill halo,
S 67' 43' 31" W, a dis aece of 120-13 feet;
57, 36, 33" W,-a distmvm of 99.12 foot 10 a "I hole tot the corner of d w wall;
thcrxee tm niug and running along a atone wM the fcllawitng thsea courses_
N 32' 14' 07" W, a distouce of 102.94 fee#to a drill hole;
N 32' 2S' 40" W, a distance of 223.93 feet to a drill hole;
N 32' 12' 31." W, a disuuKe of 129-31 fW to a drill hole at a bend in the wadi;
thcuce turning WW man4&long a stone wall the following four cotiMS,
N 58' 43' 38" W, a distance of 64.03 feet to it drill hole;
N 61' 12, 19" W, a distmce of 199,17 feet to a drill hole;
BIB 4378 PG 12
}
N 59' 01' 34" W, a distance of 17D.63 fee# to a drill hair,
14 35' 35' 13" W, a distance of 102.85 feet w a drill We at the corner of the ws11;
theno;Ong and nmfdng N 36' 59' 44- E. a distw=of 306-32 Feet to a drill hokc at tkae
corA4,-r of the wad];
thence turning and r+rming along a stone wall by %e: folJGwkTg two coleuses:
29' 01 30" W, a distance of 277.64 fee#;
* 3 i' 14' 46" W, a diALme. of 383.73 feet to a drill bile;
theme turning and ranaing N 15' 55' 41" E� a distance of 26.38 Ftct to a point;
theme tuning and nmling by the foltnwang Five courses,
N 54' 49' J Y W. a distnram of 27.37 Feet;
N 57' 35' 37" W, a dislanec of 39.59 fact;
N 60' DS' 42" W. a distance of 59.96 fiat;
N 74' 43' 12" W. a dislauae of 49.8� fact;
S 62' 59' 43" W, a dtnmm of 21.32 feet-to a point,
&crave tl ming and conning N 20' W W' W, a dicta=of 24.DQ foot to a point;
thine tarring and runnln N 9V 12' 04' W, a distance of 81.12 fext W a point of curvature;
thence rmning by a curved Brie to the left of redius 300-00 feet, a ]enA of 170.77 feet to at
point of mgency;
thence r mrr ng S 66' 10` 59" W, a distunee of 178.61 feet is a point;
thence turning wW runniAg S 18' 29' 06" W. a distance of 153.20 Feet to the paint of
beginning.
} 5/3/2007
Exhibit A -Ta e of Compliance
575 Osgood gmelNorth &nde Uu\ bm%
JOBS 05 O �
Nmr h Engineering
ZONING dd T fC f 2
. Re -Provided
tArea (G . O 2,713,788
Street Frontage ( eke! 100 ! +
FFOntSet (feet) 150 1
noo r Area Ratio NIA .
Building Height (f )I Stodes 3513 3513
Side Setbacks (feet) +
Rear Setback (te! 30 +
Lot C erap( ) A
RRD£pSED CO7TAOES: Largest ProP &d FootpriniS, n
Ground Floor (s 2'
Total SquareFeat 2,292
Number of Floom 2
Height q 35 .2 Stories
Type of Construction Wood Frame
e Residential
Information forme Uf&qGr, Gme% at Edgewoodtaken from
ALT A/aCSM LAND TITLE SURVEY tilled'EdgelLwoGdRelrement
Comm �� me Osgood Street Towm of Nod &idover County of
X Com m onwea lh! of N rem' dated May 22, 2000 by
Merri mack Engjne-e g Services 66 Park Street AndDver, UA0Ig0
arid f om the Town s North Arid SUM mmYm Dim eri sfon k
Req Cr� em U% Table 2
1+0@ MG%mom UNalA aA Q CDr »mz a-,A
j9