HomeMy WebLinkAbout2007 Recorded Easement Agreement EASEMENT AGREEMENT
This EASEMENT AGREEMENT,(this "Easement")is made this 1 st day of November,
2007, by Jean Paul R. Proulx, having an address of 1812 Turnpike Street,North Andover,
Massachusetts 01845 (hereinafter referred to as "Grantor"), in favor of Stonewall Plaza LLC,
having an address of 325 North Main Street, Unit 15-8, Middleton,Massachusetts 01949
(hereinafter referred to as "Grantee").
WHEREAS, Grantor is fee owner of that certain real property situated in the Town of
North Andover, County of Essex,Commonwealth of Massachusetts, commonly known as 1812
Turnpike Street, Assesor's Map 106D Lot 47 and being a portion of the premises more
particularly described in a deed recorded with the Essex. County North District Registry of Deeds
at Book 902, Page 119 ("1812 Turnpike Street"); and
WHEREAS, Grantee is the fec owner of that certain real property situated in the Town
of North Andover,County of Essex, Commonwealth of Massachusetts, commonly known as
1820-1830 Turnpike Street,Assesor's Map 106D Lot 46 and being more particularly deseribed in
a deed from the Grantor to the Grantee dated on or about the date hereof and recorded herewith
and prier hereto ("1820-1830 Turnpike Street"); and
WHEREAS, the Town of North Andover Planning Board has granted an approval for
1820-1830 Turnpike Street subject to the condition that a driveway easement consistent with
these terms be granted by the owner of 1812 Turpike Street to the owner of 1820-1830 Turnpike
Street; and
WHEREAS,the Grantee has requested and Grantor does hereby wish to grant to Grantee
R perpetual easement and a right of way over a portion of 1812 Turnpike Street (hereinafter
referred as the"Easement Area"), which Easement Area is more particularly described in Exhibit
A, attached hereto and incorporated herein by this reference, and as said Easement Area is also
shown as"Proposed Easement"on that certain plan entitled, "Easement Plan of Land located in
North Andover, Mass."prepared by Eastern Land Survey Associates, Inc., Christopher R. Mello,
PLS, 104 Lowell Street,Peabody,MA 01960, prepared for Stonewall Plaza LLC, dated October
31,2007 and recorded herewith (the "Easement flan"), and which Easement Area is granted for
the benefit of 1820-1830 Turnpike Street and for the purposes as further set forth in this
Easement,but reserving to the Grantor the right to use for purposes of access and egress in
common with the Grantee the area shown as "Proposed Common Driveway Easement"on the
Easement Plan and as also further described in Exhibit A(the"Common Driveway");
WHEREAS, Grantor and Grantee desire to clarify the scope and terms of the easement
conveyed hereby, and to establish certain covenants and conditions with respect to the Easement
Area for the mutual and reciprocal benefit and complement of both 1812'rurnpike Street and
1820-1830 Turnpike Street,and for the present and future owners thereof, on the terns and
conditions hereinafter,set forth.
Bk 10961 Pg 236 #32036.�
NOW THEREFORE, in consideration of the sum of One Bundred Dollars ($104.00),
cash in hand paid, and for other good and valuable consideration.,the receipt and sufficiency of
which is hereby acknowledged, and the terms,conditions, covenants and agreements hereinafter
set forth, the Grantor hereby covenants and agrees as follows:
1. Grant of Easement. Subject to the terms hereof, Grantor on behalf of itself and
for its successors and assigns,hereby grants, assigns and conveys to Grantee, its
successors and assigns,a perpetual and excursive right and easement for passage, access,
ingress and egress,for barking, for installation and transmission of utilities and
telecommunications of every bind and mature, underground or overhead,for lighting, for
landscaping, for drainage,and for any related or additional purposes whatsoever, in,to,
over, under and across the Easement Area. It is intended that the Easement Area shall be
for use by the Grantee, as though such Easement Area were owned in fee by the Grantee.
Grantee shall have the right and obligation to enter upon the Easement Area, from time to
time, with persons and equipment to construct,maintain,repair and replace a right of
way,and any parking,utility or landscaping improvements to be located within the
Easement Area, all without necessity of any notice or consent to such entry. The
easement hereby conveyed and use of the Easement Area is and shall be exclusive to the
Grantee,meaning that no other rights or easements over the Easement Area shall be
granted or conveyed by the Grantor without written consent of the Grantee,
2. Reservation of Common Driveway Easement. Notwithstanding the grant to
Grantee of exclusive rights over the Easement Area as described in the preceding
paragraph, the Grantor hereby reserves for itself, and its invitees and guests, the right, in
common with the,Grantor, to use the Common Driveway for purposes of passage, access,
ingress and egress to and from 1812 Turnpike Street to the adjoining rights of way. The
rights hereby retained by Grantor shall be limited to usage of the driveways for access and
egress only in common with Grantee,and shall not be deemed to apply to use of any
parking or drainage improvement areas as may be constructed or depicted on said plan.
3. Alainteriance. Grantee covenants to operate and maintain or cause to be operated
and maintained;at its expense, the right of way to be located in the Easement Area,in
reasonable order, condition and repair. Maintenance shall include,without limitation,
maintaining and repairing any surface of the right of way in a reasonably clear and neat
condition,and to plow or remove snow from the right of way as necessary to maintain the
same in a reasonably safe condition.
4. Covenants to Rule with Land. It is intended that each of the easements,
covenants,conditions, rights and obligations set forth herein shall run with the land and
create equitable servitudes in favor of the real property,benefited thereby, shall bind every
person having any fee, leasehold or other interest therein and shall inure to the benefit of
the respective parties and their successors, assigns, heirs and personal representatives.
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Bk 1O961 Pg 237 #32O36
i
5. Separability. Each provision of this Easement and the application thereof to the
Easement Area and 1820-1830 Turnpike Street are hereby declared to be independent of
and severable from the remainder of this Easement. if any provision contained therein
shall be held to be invalid or to be unenforceable or not to run with the land, such holding
shall not affect the validity or enforceability of the remainder of this instrument.
C. Nonforfeiture or Reversiott. Any obligations contained herein with regard to the
easements granted hereby shall be construed as covenants and not as conditions and any
violation of any said covenant shall not result in a .forfeiture or reversion of the easements
granted herein or the property conveyed hereby.
7. Entire Agreement. This Easement contains the complete understanding and
agreement of the parties thereto with respect to all matters referred to herein,and all prior
representations,negotiations, and understandings are superseded hereby.
8. Governhig Law. The laws of the Commonwealth of Massachusetts shall govern
the interpretations,validity,performance, and enforcement of this Easement.
9, No Joint`venture And No Partnership. None of the terms and provisions of
this Agreement shall be deemed or construed to create a partnership between or among
the parties hereto in their respective businesses or otherwise,nor shall it cause the patties
hereto to be considered joint ventures or members of any joint enterprise. Each parry to
this Agreement shall be considered a separate entity and no party hereto shall have the
right to act as an agent for any other party hereto unless expressly authorized to do so by
written instrument signed by the authorizing party.
10. Preparation. Notwithstanding any custom,rule of interpretation or construction,
or otherwise, this Easement shall not be construed more strongly against any party who
prepared it.
Bk 10961 Pg 238 #32036
IN WITNESS WHEREOF,the parties hereunto set their hands and seals, Dated the day
and year first above written.
SEALED AND DELIVERED GRANTOR:
IN THESENCE OF US:
s
AJnen Vaul R. Prou x
SEALED AND DELIVERED GRANTEE:
IN THE PRESENCE OF US: Stonewall Plaza LLC
By:
Name: Ciro b'odera
Title: Manager
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. i
On this I st day of November, 2007, before me, the undersigned notary public, personally
appeared dean Paul R. Vroulx,who proved to me through satisfactory evidence of identification,
which was a Massachusetts drivers license, to be the person whose name is signed on the
preceding or attached document, and acknowledged to me t t he signed it voluntarily for'its
stated purpose.
y
Jy
Notary Pu le
My Commission Expires: 5R1AN G,vAUGHAN
� t`Jotary Public
COMMONWEALTH OFMASSACHUSETI'S * Common w6ahhofMassachusaW
Essex, ss. 4jryiy 751
12oirer
On this 1 st day of November, 2007, before me, the undersigned notary public, personally
appeared Ciro Fodera, Manager of Stonewall Plaza LLC,who proved to me through satisfactory
evidence of identification, which was a Massachusetts driver's license, to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he signed, it,.• �
voluntarily for its stated purpose.
t i
1
Notary P r LT.
My Commission Expires:
.� BRIAN G.VAUGHAN
N`otary Public
Q-1
Common-mecillh of Massa�liussiv
My Commission Explro
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Bk 10961. Pg 239 #32036
EXHIBIT A
(Legal Description of Easement Area)
EASEMENT AREA:
Beginning at a point along Turnpike Street at the Southeasterly corner of the Grantor's property
and traveling one hundred sixty seven and ninety two hundreths feet (167.92') in a Northeasterly
direction along the land of the Grantee to a point at the intersection with Ben-y Street;
And thence fourty four and thirteen one-hundreths feet(44.13')Northwesterly along Berry Street
to a point;
And thence Southwesterly one hundred fifty five feet(155.0%more or less,to a point at the
intersection of Turnpike Street;
And thence fourty three and ten one-hundreths feet (43.10') Southeasterly along Turnpike Street
to the to the point of beginning,
COMMON DRIVEWAY.
Beginning at a point at the Northwesterly corner of the above-described Easement Area and
traveling Southwesterly thirty five feet(35.0') along the'Westerly border of said Easement Area
to a point;
And thence turning at a right angle and traveling in a Southeasterly direction thirty five feet
(35,0')to a point;
And thence turning at a right angle and traveling in a Northeasterly direction fourty three and
seven one-hundreths feet(43,07')to a point at the intersection of Berry Street;
And thence thirty five and ninety two one-hundreths feet (35.92) Northwesterly along Berry
Street to the point of beginning.
5
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REFERENCES
SITE IS SHOWN AS PARCELS 46 & 47 ON ASSESSORS MAP 106D
DEED REFERENCE : BOOK 2480 PG. 72 & BOOK 2W PG. 269 � Se5�5: soe �y
PLAN REFERENCES: PLAN 3594 OF 1957 � t 3�T
PLAN 3743 OF 1958 5i?2 58 n
PLAN 1014.3 OF 1985x '2
1945 STATE H6GHWAY LAYOUT OF ROUTE 114 5 �s-
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I CERTIFY THAT THE PROPERTY LINES SHOW ARE
TVF LINES DIWDING L"jaSEIAIG OWNERSHIP, AND THE PR gEND
LINES OF STREETS AND WA. S SHOW ARE THOSE oR vEwwY 3''9n x
OF PUBLIC OR PRIME STREETS OR WAYS ALREADY
ESTABLISHED AND ND NEW LIItiTES FOR DMSION OF
EXISTING OWNERSHIP OR FOR VEWS„IdC&S ARE SHOWN. ho N
LOT .9
= Z m Z +7
w�mr+� - JEAN PAUL PROULX "a u Sa„�4'St SF.
^�.q (}I T1" LOT A �m I I I 2026± Am
— �331.0/`r N V
CHMSTOPISR R. MELLO PLS °
ni55��'zs"tiv 3s3.85'
TLTFti4pYT{= :'M° s222EET
I HEREBY CEVVY THIS PLAN CONFURMS
TO THE RULES AND REGULA77ONS OF THE
REGISTERS OF DEEDS OF THE COMMON— EASEMENT
w-4L7H tr MASSACh EM PLAN OF LAND
v/y LOCATED IN
NORTH ANDOVER, MASS.
FOR REGISTRY USE ONLY PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
CHRISTOPHER R. MELLO, PLS
4ss 104 LO11UELL ST. PEABODY, MA 01860
(978) 531--8t.21
SCALE 1" = 60' OCTOBER 31, 2007
PREPARED FOR
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