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HomeMy WebLinkAbout2016-02-16 Recorded Quitclaim Deed #103 Sutton Hill DEF SUB i Bk 15092 Pg10 #12817 05-25-2017 10 : 57a 1 6r (QUITCLAIM DEED o The undersigned, TKZ, LLC, a Massachusetts limited liability company, having a principal address at 78 Great Pond Road, North Andover, Massachusetts 01846 (the "Grantor") z in consideration of Eight Hundred Thirty Nine Thousand and 001100 Dollars 839,000.00) grants to Matthew J. Semeraro and Angela M. Semeraro, husband and wife, as tenants by the entirety, having a mailing address at 103 Sutton Hill Road, North Andover, Massachusetts 01846 (the"Grantee") 0 with quitclaim Covenants a Land with buildings thereon situated In North Andover, Essex County, Massachusetts, on the westerly side of Sutton Hill Road, shown as Lot 2 and Pinnacle Way (50' Right of Way) on a plan (the "Plan") entitled "Definitive Subdivision Plan 'Capstone' 101 + 115 = Sutton Hill Road located in North Andover, Massachusetts (Essex County)," prepared o for TKZ, LLC, Date: December 17, 2016, last revised February 23, 2016, prepared by Sullivan Engineering Group, LLC and recorded with Essex County Northern District Registry of Deeds as Plan No. 17404, being the Definitive Subdivision Plan for "Capstone" located at 101 and 116 Sutton Hill Road. Said Lot 2 contains 25,312 S.F. of land, more or less, according to said Plan. Reference Is hereby made to said Plan for a more particular description of said Lot 2 and Pinnacle Way. This conveyance Is made subject to and with the benefit of all easements, rights, restrictions, covenants, conditions, takings and other matters of record, insofar as the same are now in force and applicable. Without [imitation to the forgoing, this deed is granted subject to the terms and conditions of the Declsion - Definitive Subdivision Plan for Capstone Subdivision, dated February 16, 2016 and recorded at Book 14557, Page 147, and by accepting and recording this deed, the Grantee agrees, for Itself and its successors In title, as follows: 1. The driveway from Sutton Hill Road to Lot 2 Is a private driveway and It shall always remain private, and It shall be maintained, In perpetuity, by the owner of Lot 2, and It shall never be maintained by the Town of North Andover and shall never be accepted as a public roadway; (00107729,vl) H&SSACHUSETTS STATE EXCISE TAR Essen North Registry Date; 05-25-2017 @ 10:57am Ct1#: 56 Doc#: 12817 Fee: $3,825.84 Cans: 0839,000.00 Bk 15092 Pg11 #12817 2. The owner of Lot 2 shall be responsible for the maintenance, in perpetuity, of the drainage swales along the driveway from Sutton Hill Road to Lot 2 and for the dry well and for any and all stormwater management structures located on or within Lot 2 or Pinnacle Way; 3. There shall be no further division or subdivision of any part or portion of Lot 2 and Pinnacle Way as shown on the Plan; and 4. The residence on Lot 2 shall be constructed, operated and maintained In accordance with the minimum construction standards of the NFPA 1: Fire Code, as applicable. This conveyance and deed is made subject to that certain perpetual driveway easement in favor and for the benefit of Lot 3 (a.k.a. 101 Sutton Hill Road) granted in deed recorded at Book 14723, Page 148, over the northeasterly corner of Pinnacle Way, at the Intersection and boundary of Pinnacle Way, Lot 3 and Sutton Hill Road, and, more specifically, over that portion of the Lot 3 driveway as is shown lying within the bound of Pinnacle Way on sheet 4 of the Plan, said driveway easement for purposes of maintaining a driveway for the benefit of Lot 3 and for purposes of providing access and egress to Lot 3 from Sutton Hill Road (the "Lot 3 Driveway Easement"). Excepting and subject only to the Lot 3 Driveway Easement as described herein, the fee Interest and all rights In Pinnacle Way are hereby expressly granted and conveyed to the Grantee and no rights, except for said Lot 3 Driveway Easement, are hereby reserved. Access to Lot 3 and Lot 4 shall be from the driveways abutting to Sutton Hill Road as shown on sheet 4 of the Plan and, with exception of the express reservation of the Lot 3 Driveway Easement, the above premises are conveyed without reservation of any right, title or Interest In, and without reservation of any rights for access over or use of Pinnacle Way as shown on the Plan, and intending that the Grantee shall otherwise having the exclusive right to use Pinnacle Way. This conveyance constitutes a sale or transfer in the ordinary course of Grantor's business and does not constitute all or substantially all of said Grantor's assets in the Commonwealth of Massachusetts. Further, the undersigned, Thomas D. Zahorulko, by his signature below, hereby certifies that he currently remains in office as the duly appointed Manager of TKZ, LLC, that no member of the LLC has filed for Bankruptcy protection since the inception of the LLC, and that he Is duly authorized to execute and deliver this deed for and on behalf of TKZ, LLC. The premises hereby conveyed are not homestead property of any person and all rights of homestead therein, if any, are hereby forever waived and released. The premises being conveyed hereby are a portion only of the land conveyed to Grantor by deeds recorded at Book 14474, Page 296 and Book 14557, Page 170. (00107729;vi) i Bk 15092 Pg12 #12817 7Fr I Executed under seal as of this day of May, 2017. TKZ, LLC EEE i By: T s . Zahorulko, Manager COMMONWEALTH OF MASSACHUSETTS COUNTY OF•ESSEX On this Z day of May, 2017, before me, the undersigned notary public, personally appeared Thomas D. Zahorulko, proved to me through satisfactory evidence of Identification, which was ❑ driver's license, & personally known to me, or D personally known to 3rd party witness personally known to me, to be the person whose name Is signed on the preceding or attached document, and acknowledged to me that he signed j it voluntarily for its stated purpose, In his capacity as Manager of TKZ, LLC, 4ryt C.ion Expires: . . i p ut15 AN Q.VAU'dwPN Notary Pubtlo COMMONWEALTH OF M08ACHUSM my GOMMIsslon Explrse July 6.2018 {00107729;vl) M. PAUL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF DEEDS E-RECORDED