HomeMy WebLinkAbout2021-03-16 Recorded Reciprocal Easement Agreement & Declaration of Restrictions Bk 16851 Pg12 #10614
03-31-2021 @ 08 : 51a
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RECIPROCAL EASEMENT AGREEMENT AND
DECLARATION OF RESTR1CC'TIONS
THIS RECIPROCAL EASEMENT AGREEMENT AND DECLARATION OF
RESTRICTIONS (this "Agreement"), is made as of the day of 20�/ , by
and between CP NORTH ANDOVER LLC, a Massachusetts limited liability company with an
address of c/o Crosspoint Associates, Inc., 300 Third Ave., Ste,2, Waltham, MA 02451, Attn:
Jonathan Hueber, hereinafter referred to as "Cros, ,snoint", and THOMPSONS RESTAURANT,
INC, OF NOR"rH ANDOVER, a Massachusetts corporation with a usual place of business at 900
` Cummings Center, Ste. 202T,Beverly, MA 01915, hereinafter referred to as"Thompson".
PRELIMINARY RECITALS
A. Crosspoint is the owner of a certain parcel of land commonly known as 419 Aiidover
Street,North Andover, Massachusetts (the "Crosspoint Parcel"). The Crosspoint Parcel is
more particularly described on Exhibit A-1 attached hereto and made a part hereof.
�C B. Thompson is the owner of a certain parcel of land commonly known as 435 Andover
Street, North Andover, Massachusetts (the `Thompson Parcel"). The Thompson Parcel is
more particularly described on Exhibit A-2 attached hereto and niade a part hereof:
C. George F. Thompson, predecessor-in-interest to Crosspoint and Thompson: reserved unto
itself the right to use a portion of the driveway contiguous to his prernises pursuant to that
certain Deed dated November 19, 1941 and recorded at Book. 647, page 509 (thy:
"Driveway Easement");
D. The parties desire to enter into this Agreement to terminate certain easements and to
provide for the exchange of certain easements for purposes of cross-access for vehicles
and parking rights between the Crosspoint Pat-cel and the Thompson Parcel and to
provide for certain restrictive covenants on the Crosspoint Parcel and the Thompsons
Parcel all as Hereinafter provided and more particularly set forth herein.
NOW, THEREFORE, for valuable consideration paid by each party to the other, the
receipt and suffloieticy of which are hereby acknowledged, and in further consideration of the
mutual covenants and agreements herein contained, it is hereby covenanted and agreed by and
among the parties as follows;
1. Defined Terms. As used herein, the following terms shall have kite following
meanings:
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1.1, "Access Easement Areas" shall tnean the areas subject to the access easements set
forth in Section 3 below.
1.2. "Parking Easement Area" shall mean the area subject to the parking easement set
forth in Section 4 below.
1,3, "Parcel" or "Parcels" slrall mean the Crosspoint Parcel and/or the Thompson
Parcel, as the context may appropriately require.
1.4, "Party" or "Parties" or "parties hereto" shall mean Crosspoint or Thompson, as
(lie context may appropriately require, and their respective successors-in-title,
2. T_enninalion of Easement Right. Upon the recording of this Agreement, the
Driveway Easement is hereby forever terminated, released, discharged, and of no further force and
effect.
3. Grant of Access Easements,
31 Crosspoint hereby grants to Thompson for the use and benefit of Thompson and
ThompsoWs successors-in-title, together with the tenants and occupants of the Thompson Parcel,
their successors and assigns, and their respective employees, agents, contractors, invitees,
customers, patrons, visitors, permittees, successors and assigns, a non-exclusive easement and
right of access for the purpose of pedestrian and two-way vehicular traffic (passenger vehicles
and trucks) over, across and upon (lie Crosspoint Parcel shown on the plan attached hereto as
Exhibit A.-3 and made a part hereof(the "Thompson Access Casement Area"), in common with
Crosspoint, and its successors-in-title, together with the tenants and occupants of the Crosspoint
Parcel, and their respective employees: agents, contractors, invitees, customers, patrons, visitors,
permittees, successors and assigns, and others legally entitled thereto.
3.2 Thompson hereby grants to Crosspoint, for (he use and benefit of Crosspoint and
its successors-in-title, together with its tenants and occupants of the Crosspoint Parcel, their
successors and assigns, and their respective employees, agents, contractors, invitees, customers,
patrons, visitors, permittees, successors and assigns, a non-exclusive easement and right of
access for the purpose of pedestrian and two-way vehicular traffic (passenger vehicles and
trucks) over, across and upon the Thompson Parcel designated on Exhibit A-3 (the "Crosspoint
Access Easement Area" which, together with the Thompson Access Easement Area, shall be
referred to collectively as the "Access Easement Areas"), in common with Thompson, and its
successors-in-title, together with (lie tenants and occupants of the Thompson Parcel, and their
respective employees, agents, contractors, invitees, customers, patrons, visitors, permittees,
successors and assigns, and others legally entitled thereto.
4. Grant of Parking Easements.
4.1 Crosspoint. hereby grants to Thompson for the use and benefit of Thompson and
its successors-in-title, together with the tenants and occupants of the Thompson Parcel, their
successors and assigns, and their respective employees, agents, contractors, invitees, customers,
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patrons, visitors, permittees, successors and assigns, anon-exclusive easement for the purpose of
transient parking of passenger vehicles (but not overnight) in connection with the retail
businesses operated at the Thompson parcel, provided, however, that no such use shall
unreasonably burden the use and enjoyment of the Crosspoint Parcel, within those parkins; areas
on the Crosspoint Parcel shown on (lie plan attached hereto as Exhibit A-3 and made a part
hereof (the `Thompson Parking Easement Area"), in common with Crosspoint and its
successors-in-title, together with the tenants and occupants of the Crosspoint Parcel, and their
respective employees, agents, contractors, invitees, customers, patrons, visitors, permittees,
successors and assigns, and others legally entitled thereto. Notwithstanding anything to the
contrary set forth herein, Crosspoint reserves for itself.'and its successors-in-title, the right from
time-to-time to dedicate certain parking spaces on the Crosspoint Parcel for the exclusive use of
tenants of the Crosspoint Parcel during regular business hours and Thompson shall have no
rights to use such parking spaces, provided that in no event shall such exclusively marked spaces
as may exist from time-to-time materially interfere with Thompson's rights hereunder.
Thompson acknowledges and agrees that as of the date hereof, Crosspoint shall offer exclusive
spaces in those parking areas oil the Crosspoint Parcel marked on the attached Exhibit A,-3 and
that such exclusive spaces do not materially interfere with Thompson's rights hereunder.
4.2 Thompson hereby grants to Crosspoint for the use and benefit of Crosspoint and
its successors-in-title, together with the tenants and occupants of the Crosspoint Parcel, their
successors and assigns, and their respective employees, agents, contractors, invitees, customers,
patrons, visitors, permittees, successors and assigns, a non-exclusive easement for the purpose of
transient parking of passenger vehicles (but not overnight) in connection with the businesses
operated at the Crosspoint parcel, provided, however, that no such use shall unreasonably burden
the use and enjoyment of the Thompson Parcel, within those parking areas of the Thompson
Parcel shown on the plan attached hereto as Exhibit A-3 and made a pant hereof and designated
thereon as (the "Crosspoint Parking Easement Area" which, together with the Thompson
Parking Easement Area, shall be referred to collectively as the "Parking Easement Areas"), in
common with Crosspoint and its successors-in-title, together with the tenants and occupants of
the Crosspoint Parcel, and their respective employees, agents, contractors, invitees, customers,
patrons, visitors, permittees. successors and assigns, and others legally entitled thereto.
Notwithstanding anything to the contrary set forth herein, Thompson reserves for itself and its
successors-in-title, the right from time-to-time to dedicate certain parking spaces on the
Thompson Parcel for the exclusive use of tenants of t11e Thompson Parcel during regular
business hours and Crosspoint shall have no rights to use such parking spaces, provided that in
no event shall such exclusively marked spaces as may exist from time-to-time materially
interfere with Crosspoint's rights hereunder.
5. Easements Generally.
5.1. No Party will use or permit the Easement Areas under their ownership or control
to be used for any purpose which would materially adversely affect the rights of any other Party
subject to the provisions of Section 3.1.2 hereof, no party will construct or locate, or allow
construction or location of, any fence, barricade, structure, building, or other obstruction which
would materially adversely interfere with the intended use thereof.. or the free flow of traffIc
permitted by this Agreement to, across or from the Crosspoint Parcel and the Thompson Parcel,
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5.2, The term of this Agreerent shall be deemed to have commenced on the date
hereof, and shall run with the land forever. The Easements granted herein are not re-locatable,
except to the extent required by the state and/or local authorities, without the express written
agreement of the record title owners from time to time of the Crosspoint Parcel and the
Thompson Parcel. The Easements granted herein are not "casements in gross", but are
appurtenant solely to the Crosspoint Parcel and the Thompson Parcel.
6. Reservation of Rights.
6.1 The easement rights set forth and provided in Sections 3 and 4 hereof shall be
subject to the following reservations as well as other provisions contained in this Agreement:
6.1.1 Crosspoint and Thompson reserve the right to close off the Crosspoint
Parcel and the 'Thompson Parcel, respectively, for such period of time as may be legally
necessary to prevent the acquisition of prescriptive rights therein by anyone. Before closing off
any part of the Crosspoint Parcel or the Thompson Parcel as provided herein, Crosspoint or
Thompson (as the case may be) shall give at least 30 days advance written notice to the other
party of its intention to do so and must coordinate its closing with the activities of the other
parties so that de minimus interference with the operation of the respective businesses on the
Parcels occurs. In addition, the parties reserve the right, subject to the notice and de minimus
interference requirements set out in the previous sentence, to close off temporarily, if necessary,
any part of the Easement Areas under their ownership or control in order to permit alterations or
maintenance of existing buildings, utility lines. parking areas, entrances and exits, and other
improvements or the construction of additional buildings, utility lines, parking areas, entrances
and exits; and other improvements on or around the Easement Areas.
6.1,2. The easement rights set forth in this Agreement are granted based on the
traffic incidental to, and the burden anticipated as a result of, the use of the Crosspoint Parcel for
retail use and the use of the Thompson Parcel for retail use. Neither Crosspoint, nor Thompson,
nor their respective successors and assigns shall take any action which is likely to result in use
of, or traffic over, the Easement Access Areas or the Parking Easement Area in excess of the
traffic and burden contemplated by the aforementioned use of the Parcels without first obtaining
the written consent of the other Parties, such consent not to be unreasonably withheld,
conditioned, or delayed.
7. Maintenance.
7.1 Each Party shall keep and maintain the Easement Areas under their ownership or
control in good condition and repair at their sole cost and expense. The maintenance is to
include, without limitation, the following:
7.1.1. Maintaining the surfaces in a level, smooth and evenly-covered condition
with the type of surfacing material originally installed or such substitute as shall in all respects be
equal in quality, use, and durability;
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7.1.2. Removing all papers, ice and snow, mud and sand, debris, filth and refuse
and thoroughly sweeping the parking and vehicular and pedestrian travel areas to the extent
reasonably necessary to keep such areas in a clean and orderly condition;
7.1.3, Placing, keeping in repair and replacing any necessary appropriate
directional signs, markers and lines; and
7,1.4, Operating, keeping in repair and replacing, where necessary, such artificial
lighting facilities as shall be reasonably required.
7,1,5 Catch stations, yard drains, trench drains, manholes and piping need to be
maintained, repaired and replaced in accordance with the Storm Water Operation and
Maintenance Plan with the Town of North Andover.
8. Insurance.
8.1 Beginning with the date of this Agreement, Crosspoint and Thompson shall, at
their sole expense, maintain or cause to be maintained with respect to the Crosspoint Parcel and
the Thompson Parcel, respectively, commercial general liability insurance in an amount not less
than $1,000,000 (single limit) and property damage insurance in an amount not. less than
$500,000, with contractual liability endorsement attached, insuring against injury to persons and
damage to property.
8.2 Upon request (made not more often than once annuaily), Crosspoint and
Thompson shall deposit or cause to be deposited with the other certificates of the insurance
which such party is required to maintain under this Article. The insurance required hereunder
may be maintained under a "blanket policy" or by Crosspoint or Thompson, as the case may be,
but no insurance policy required to be maintained by any party shall be canceled or changed
without at least ten (10) days' prior written notice to the other party. All insurance under Section
8.2 hereof shall be maintained with responsible insurance companies qualified to do business in
the Commonwealth of Massachusetts,
9. Condemnation,
9.1 If any portion of the Easement Areas is taken by eminent domain, the portion of
the Easement Areas so taken or deeded shall be relieved and released from the terms of this
Agreement front and after the effective date of said taping. The rights of the Party whose Parcel
is the subject of such taking or transfer with respect to the other Party's Parcel shall not
otherwise be affected by such taking or transfer.
9.2 Any award in respect of any condemnation of the Crosspoint Parcel shall belong
to Crosspoint, and any award in respect of any condemnation of the Thompson Parcel shall
belong to Thompson; provided, however, that each party who enjoys an easement, right or
interest created by this Agreement shall be entitled to its own separate claim against the
condemning authority for the value attributable to any such easement, right or interest to the
extent that such easement no longer benefits the Parcel not so taken, provided that such claim
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Bk 16851 Pg17 #10614
shall not affect or diminish tine claim of the Party whose Parcel was affected by such
condemnation.
10. Casualty.
10.1 In the event of a casualty or other damage to the improvements located on either
of the Parcels, then to the extent that the said casualty or damage has an adverse impact upon the
Easement Areas located oil said Parcel, the owner of the affected Parcel(s) shall either repair any
such damage within a reasonable period of time, or raze the, remaining improvements located on
the affected Parcel, remove all debris, and grade the Parcel so as to tnintmize any adverse impact
upon the Easement Areas.
11. Restrictive Covenants.
11.1 Crosspoint and Thompson hereby declare that tine Thompson Parcel shall be held,
sold and transferred, conveyed and occupied subject to the following use restrictions: the
Thompson Parcel shall not be used as an urgent care center, bank or coffee shop, such as Dunkin.
Donuts (the "Crosspoint_Exclusives") for so long as such Crosspoint Exclusive uses eXist, all of
which shall be binding, oil all parties having or acquiring any right, title and interest in the
Thompson Parcel; it being agreed that any food-serving establishments on the Thompson Parcel
may serve coffee on an incidental basis as one of the many beverages being served thereon.
Crosspoint and Thompson hereby declare that the Crosspoint Parcel shall be held, sold and
transferred, conveyed and occupied subject to following use restriction: excluding coffee shop
uses, the Crosspoint Marcel shall not be used as a full-service sit-down restaurant (the
"Thompson Exclusive") for so long as a food-serving establishment continues operating at the
Thompson Marcel, which shall be binding on all parties having or acquiring any right, title and
interest therein.
12. Subordination. The rights of any party foreclosing under any lien instrument
encumbering any part of the Crosspoint Parcel or the Thompson Parcel shall at all times be
subject and subordinate to the terms of this Agreement and any party foreclosing; said lien
instrument shall acquire title to either the Crosspoint Parcel or the Thompson Parcel, as
applicable subject to all of the terms, covenants and conditions of this Agreement.
Notwithstanding the foregoing, any lien for unpaid amounts arising tinder this Agreement and
recorded against the Crosspoint Parcel or,rhonnpson Parcel, as applicable, or any portion thereof,
in connection with this Agreement shall be subordinate to any mortgage recorded prior to such
lien.
13. Notices.
13.1 Any notice, demand, request, consent, approval or other communication which
any party hereto is required or desires to give or make or communicate to the others shall be sent
by overnight service of nationwide repute (with receipt confirmed) or sent by certified nnail-
return receipt requested, to the parties as follows and shall be effective upon receipt or refusal of
delivery by the party to whom sent:
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i
if to Thompson: THOMPSONS RESTAURANT, INC. OF NORTH ANDOVER.
900 Cummings Center, Suite 202T
Beverly, MA 01915
and with a copy to: Robert Lavoie, Esq,
Johnson & Borenstein, LLC
12 Chestnut St.
Andover,MA 0 18 10
If to Crosspoint: c/o Crosspoint Associates, Inc.
300 Third Avenue, Suite 2
Waltham, Massachusetts 02451
Attention: Jonathan Hueber
With a copy to: Rogin Nassau LLC;
CityPlace I
185 Asylum Street
Hartford, Connecticut 06103
Attn: I=lyrur Boonstra
14. Default and Enforcement.
14.1 If one party violates any of the provisions of this Agreement (the "Defaulting
Party") and shall permit such default to continue for a period of tern (10) days after receipt of
written notice of such default from the other party, the other party may, at its option, without
waiving; any claim for damages for breech of agreement, cure such default for the account of the
Defaulting; Party and any amount reasonably paid or any contractual liability reasonably incurred
by the curing party in so doing shall be decined paid or incurred for the account of the Defaulting
Party, and the Defaulting Party agrees to reimburse the curing party therefor or save the curing
party harmless therefrom, together with interest at the prime rate of interest as published in the
Udall Street Journal plus three (3%) percent per annum from the date such costs are incurred by
the curing party; provided, however, that the curing party may cure such default as aforesaid
prior to the expiration of said waiting period, but after written notice to the Defaulting Party, if
its curing of said default is reasonably necessary to prevent substantial loss or damage to the
curing party or any of the occupants of the Parcel owned by the Curing party. If the curing party
shall not be reimbursed promptly upon demand for such reasonable amounts as shall be so paid
for the account of the Defaulting Patty, the curing party may sue for and recover such reasonable
amounts, together with interest thereon and the reasonable cost of recovery and may place a lien
on the Defaulting Party's parcel, For any other default hereunder, each pate shall be entitled to
avail itself of any legal or equitable remedies.
14.2 The specified remedies to which any person entitled to enforce this Agreement
may resort under the terms of this Agreement are cumulative and are not intended to be exclusive
of any other remedies or means of redress to which any person entitled to enforce this Agreement
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Bk 16851 Pg19 #10614
may be lawfully entitled in case of any breach or threatened breach of any provision of this
Agreement. Failure to insist in any one or more cases upon the strict performance of any of the
covenants of this Agreement or to exercise any remedy herein contained shall not be construed
as a waiver or a relinquishment for(lie future of such covenant or remedy.
14.2 No delay or omission in the exercise of any right accruing upon any default of any
party hereto shall impair any such right or be construed to be a waiver thereof, and every such
right may be exercised at any time during the continuance of such default. No waiver of any
default under this Agreement shall be effective or binding unless made in writing and no such
waiver shall be implied from any omission to take action in respect to such default. No express
written waiver of any default shall affect any other default or cover any other period of time
other than any default and/or period of time specified in such express waiver. One or more
written waivers of any default under any provision of this Declaration shall not be deemed to be
a waiver of any subsequent default in the performance of the same provision or any other term or
prolusion contained in this Agreement,
144.3 No breach, whether or not material, oP the provisions of this Agreement shall
entitle either party to cancel, rescind or otherwise terminate this Agreement, but such limitation
shall not affect, in any manner, any other rights or remedies which any party may have hereunder
by reason of any breach of the provisions of this Agreement.
15. Miscellaneous,
15.1 Nothing contained in this Agreement shall be construed to make the Parties hereto
partners or joint venturers or to render any of said Parties liable for the debts or obligations of
another patty.
15.2 No delay or omission by any Party in exercising any right or power accruing, upon
any non-compliance or failure of performance by the other Party under the provisions of this
Agreement shall impair any suchh right or power or be construed to be a waiver thereof. A
waiver by any Party of any covenant, condition, provision or performance under this Agreement
shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant,
condition, provision or performance of this Agreement.
15.3 This Agreement shall be governed by and construed and enforced in accordance
with the laws of the Commonwealth of Massachusetts.
15.4 In the event any provisions of this Agreement or the application thereof to any
person or circumstance shall to any extent be held to be invalid or unenforceable, the remainder
of this Agreement and all of its other provisions, and all portions thereof, as well as application
thereof to any other person or circumstance, shall be severed therefrom and shall not be affected
thereby, and each such provision or portion thereof shall be valid and enforceable to the fullest
extent permitted by law.
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15,5 No agreement shall be effective to add to, change, amend, modify, waive or
discharge this Agreement, in whole or in part, unless such Agreement is in writing or signed by
each Party hereto.
15.6 This Agreement nnay be executed in counterparts, each of which shall be deemed
an original and all of which together shall constitute one and the same instrument.
15.7 No provisions contained in this Agreement shall be construed to grant any gift,
dedication, or any irrevocable rights to the general public or to any public purpose whatsoever
of, in, or to any portion of the Crosspoint Parcel or the Thompson Parcel or any improvements
thereon, it being the intention of the Parties hereto that this Agreement shall be strictly limited to
or for the purposes herein expressed.
15.8 Except as herein specifically provided, no rights, privileges or immunities of ally
parties hereto shall inure to the benefit of any third party.
15.9 Upon the written request or either party or the Bolder of a security interest in either the
Crosspoint Parcel or the Thompson Parcel, Crosspoint and/or Thompson, as applicable, shall issue a
certificate within ten (10)business days setting forth any known violations of this Agreement.
15.10 Except as herein otherwise expressly provided, the covenants, conditions and
agreements contained in this Agreement shall bind and inure to the benefit of Crosspoint and
Thompson and all future owners of the Crosspoint Parcel, all future owners of the Thompson
Marcel, and their respective successors-in-title.
SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF, each of the Parties hereto has caused this Agreement to be
signed and executed as an instrument under seal as of the date first above written.
CP NORTH ANDOVER LL
.J7
(Title: :''
.STATE OF MASSACHUSETTS
ss,
COUNTY OF
On this �2 7 day of G'' , 2021, before ine personally appeared
Authorized Real Estate Signatory for CP NORTH ANDOVER LL ho provedto me through
satisfactory evidence of identification, which was
r-vvC✓�r
to be the person whose name is signed on tl� preceding or attached document, and
acknowledged to me that he/she signed it voluntarily for its stated purpose, in the capacity
indicated, and that lie/she has the authority to sign in that capacity.
o ary Pu a�li j
Name: .,��G r► �� `�����'
My commission expires:
Donald K Angus,Jr-
co
PF6(4ThFh� 4 Gi�{d�
� hiy CarirYssfon E� - January 2,2626
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Bk 16851 Pg22 #10614
IN WITNESS WHEREOF, each of the Parties hereto has caused this Agreement to be
signed and executed as an instrument under seat as of the date first above written,
THOMPSONS RESTAURANT, INC. OF NORTH
ANDOVER
By
Name:
Title,
STATE OF MASSACHUSETTS
ss:
COUNTY OF
On this A'v of AIPC�`t, 20 before me personally appeared the above-named
Stuart h i) to me through satisfactory evidence of identification, which was
pson, prove I
n"6'w 4� ." . , to be the person whose name is signed on the foregoing
I 'Fr-un- At', and acknowledged to me that he signed it voluntarily for its stated purpose and
inE
acknowledged that he is the President and Treasurer of Thompsons Restaurant, Inc, of North
Andover and that he executed it voluntarily For its stated pur ose on beh f ofThompson's
Restaurant, Inc. of North Andover
,*-o'ialr P11 gc
Name: �41
My con"n'ss'011 eXP"es:S-�7',2,9—
'ol 4
X
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Bk 16851 Pg23 #10614
]EXHIBIT A-1
CROSSPOINT PARCEL
419 Andover Street
A certain parcel of land with buildings thereon situated in North Andover, Massachusetts shown as
parcels A and B on a plan entitled "Flan of Land in North Andover, Massachusetts, owned by The
Furniture Barn, Inc" by Charles C Martin, Registered Land Surveyor, September 1970, recorded in the
Essex North District Registry of Deeds as plan number 6424, said premises being more particularly
bounded and described as follows;
Beginning at an iron post on the westerly or northwesterly side of Andover Street one hundred forty-three
and thirty-two hundredths (143 32) feet, more or less, southwesterly from a Massachusetts highway
boundary marker, thence
Turning and running S 20" 27'05"W along the westerly side of said Andover Street. two hundred seven
and fifty-nine hundredths (207 59) feet to an iron post, thence
Turning and running N 81" 28' 30" W along boundary of Thompson Restaurant, Inc. two hundred ninety-
three and two hundredths (293.02) feet to an iron post at Tumplke Street; thence
Turning and running N 35" 44' 55"W along the southerly line of said Turnpike Street one hundred eleven
and seventy-two hundredths(111,72) feet to an iron post, thence
Turning and running N 470 40' 20" E along land now or formerly of Red Squire Realty Trust, two.hundred
forty-nine and twenty-two hundredths (249.22) feet to a stake; thence
Turning and running S 660 10' 55" E a distance of two hundred sixty-five and ninety-seven hundredths
(265,97) feet to the point of beginning at North Andover Street.
i
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Bk 16851 Pg24 #10614
EXHIBIT A-2
THOMPSON PARCEL
435 Andover Street
A certain parcel of land with the buildings thereon, situated in North Andover and bounded and described
as follows:
Beginning a stone bound on the Salem Turnpike, so called, and then running Northerly 35-44'-55"West,
two hundred eighty (280)feet to a point; thence in and Easterly direction, two hundred ninety-five and
531100(295.53) feet by other land of Ethel M. Freeman to Andover Street, so called; thence Northerly 20-
27'-05" East, one hundred eighty seven and 501100 (187.50) feet to a stone bound on Andover Street--
thence in an arc seventy four and 891100 (74,89) feet to the bound first mentioned, being the point of
beginning; containing 35,567.4 square feet; being pan of Lot twelve(12) shown on a Plan of land in North
Andover, Massachusetts for Ethel M. Freeman, P.C. Danforth, Surveyor, said plan being dated November
9, 1939, and recorded in the Essex North Registry of Deeds, and being plan number 1238; see also
Essex North Registry of Deeds Plans 5572, 9383, 11989, and 14412.
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Bk 16851 Pg25 #10,614
CXHIBIT A-3
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Noah AndouelR Planning Board
I CONSTRUCTI4NISTC)RMWATR MONITOR
Le#der of A reemen#
Project Address Date
*Wependei* Name Monitoring Type(s)
❑ Construction
❑ Stormwater
Monitor Contact Phone Monitor E-mail
This Letter of Agreement is between the the above named ! Monitor and the North Andover Planning
Board for monitoring services to be provided at the above mentioned Project Address and in accordance with
the conditions and restrictions stated by the Planning Board in it's Decision dated , a
copy of that Decision has been provided to the I t Monitor. (Initials of I t
Monitor) By initialing, the t*Monitor acknowledges receipt of the Decision and an understanding of
the con ditionslrestrictions set by the North Andover Planning Board.
� Te ee -�-fiaae�-e�
The l Monitor agrees to ' report to the North Andover Planning Board, via the Town
Planner, any violations of the terms of the Decision listed above, as soon as observed or otherwise become
known to the er-•Monitor. This report is in addition to regularly scheduled monitoring reports.
may
The t Monitor understands that the failure to perfor nder this Letter of Agreement, to the
reasonable satisfaction of the North Andover Planning Board,-wiff be grounds for said t Monitor to be
excluded in this role for any future projects which are within the jurisdiction of the North Andover Planning Board.
It t Monitor [Signature] Date
By signing this letter of Agreement, I Indicate that i have read and understand the terms included herein.
Town Planner [Signature] Date
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