HomeMy WebLinkAbout2015-09-01 Recorded Drainage Easement 11.16.15 i
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DRAINAGE EASEMENT
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.( This Drainage Easement(this"Drainage Easement")is made this day of E
2015,by the undersigned Messina Development Company, Inc., a
Massachusetts corporation,with an address of 277 Washington Street,Groveland,MA
01834(the"Grantor"),to and in favor of the inhabitants of the Town of North Andover,
acting by and through its Board of Selectmen, 120 Main Street,North Andover,
Massachusetts 01845 (the"Grantee").
RECITALS:
A. The Grantor is the current owner of certain land situated in North
Andover, Essex County, Massachusetts,commonly known as the Wellington Woods
subdivision and which is shown on a plan entitled"Definitive P.R.D. Subdivision Plan of
Wellington Woods in North Andover,MA.,"Record Owners: Gorton Family Trust, c/o
Joyce Bradshaw, 624 Boxford Street,North Andover,MA. 01845,Applicant: Messina
Development Co,, Inc., 277 Washington Street, Groveland,MA,, 01834,prepared by CSI
Professional Engineers & Land Surveyors, Christiansen& Sergi, Inc,, 160 Summer
Street,Haverhill,Massachusetts 01830,dated 6/23/15 and recorded with the Essex North {
Registry of Deeds as Plan No. 17354(the"Subdivision Plans").
B. The Grantor intends to develop the property shown on the Subdivision
Plans and to construct certain drainage facilities on,under and within the areas shown as
(i)"10' Wide Drainage Easement Area"bordering on and adjacent to the Roadway,and
(ii)"Stormwater Management Easement Area=27,905 S.F."on Open Space Parcel B
(collectively,the"Drainage Easement Areas")on the Subdivision Plans,
C. The Grantor now desires to grant a drainage easement(the"Drainage
Easement") in favor of the Town of North Andover, upon the terms and scope as
hereinafter set forth.
NOW THEREFORE,in consideration of Ten Dollars($10.00)paid,the mutual
covenants contained herein and for other good and valuable consideration,the receipt and
sufficiency of which are hereby acknowledged,and intending to be legally bound hereby,
the Grantor hereby grants this Easement in favor of the Grantee as follows:
The Grantee is hereby granted and shall have the perpetual rights and easements to
construct, inspect,repair,remove,replace,operate and forever maintain,within the
Drainage Easement Areas, underground sewers,manholes,pipes,conduits, covered M
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surfaces, ground water drains,underground drainage detention systems,infiltration
basins, grassed swales, drainage channels and stormwater management basins(ponds)
and all other drainage facilities and appurtenances for storage, removal, conveyance and
discharge of water,including storm water or ground water and including water from
underground detention systems, all as may hereafter be constructed or installed,if at all,
and to do all acts incidental to the foregoing, so as to maintain the drainage facilities in
good operating order and condition,consistent and in accordance with and as shown in
the Subdivision Plans. This easement is granted with the right,but without the obligation,
to construct and repair any such drainage utilities.
This easement is granted with the perpetual right and easement from time to time,
without payment,of the above named Grantee, its employees, agents, successors and
assigns,to pass and re-pass over, across and upon said Drainage Easement Areas as is
reasonable and necessary in order to repair,remove,maintain,operate and patrol said
drainage systems, including to make, upon reasonable notice to the Grantor,or its
successors in title, such excavation or clearings as may be reasonably necessary in the
opinion and judgment of the Grantee, its successors and assigns, for the care and
maintenance of said Drainage Easement Areas,provided however,that any area
excavated shall be reasonably restored to its former condition upon making any such
excavation.
The easement as granted herein shall run with the land and shall be binding upon and
inure to the benefit of the Grantor and Grantee and their respective successors and
assigns.
For title of Grantor see deed recorded at Book 4,4W7 .,Page
IN WITNESS WHEREOF,the undersigned have caused this document to be executed
under seal as of this_4,day of ,,s,m�,� ,2015.
Messina Development Company, Inc.
By: U l 1 �--
Name: MaryI4 Messina
Title: President and Treasurer
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COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this fG day of Yhog 2015, before me,the undersigned notary public,
personally appeared Marylee Messina, as President and Treasurer of Messina l
Development Company, Inc.,who proved to me through satisfactory evidence of !
identification,which was a driver's license,to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that he/she signed it
voluntarily for its stated purpose,acting in such capacity.
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