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1980-10-22 Legal Docs & Correspondence
t17 CAPRICORN CORPORAION, a corporatson dulpoetabi6w under the laws of the Commonwealth of Mrtsaochusettu, and }taring its usual p6to of bassaaesa at Notth Andover, Xt Essex County.Mss.eehusetta. in oonssderatlou of " TWO 11UNDRED TWELVE THOUSAND FOUR HUNDRED AND NO/100 {$212,400.001 DOLLARSaaeaAa*areea,•AflkM*aaia4�ia�ite�AaaReaAeaae AAailaak�a iaeaal►►• // ;� �,.�� Vmntsto ARC CORPORATION, a Massachusetts corporation having an usual place F� of business at Turnpike Street, North Andover, said County ff' Esuseex� ; and Commonwealth of Massachusetts, q ;�. the land in North Andover, Essex County, Massachusetts, being shown as Lot sa tie on a plan of land entitled "Definitive Plan of [.and of: Willow . Industrial Park Extension Located ins No. Andover, Massachusetts' Scale w 1" " 40' Date June 13, 1980, Rev. Oct, 6, 1980, Sheet 2 of 2 Sheets, Owner i Applicants Willow Industrial Park, 815 Turnpike Street, No. Andover, Mass. Surveyor Frank C. Gel inas i Associates, Engineer Robert P. Regan, which plan is recorded with Essex North District Registry of Deeds as Plan No. 8648, bounded and described as follows: NORTHWESTERLY by Flagship Drive in a curved line 172.73 feet, as j shown on said plan; WESTERLY by Flagship Drive in another curved line the radius of which is 30.00 feet, length 28.88 feet, as shown on said plant; NORTHERLY ' by Gat K , as shown on said plan, 203.96 feet; m NORTHEASTERLY in three (3) courses, 154.59 feet, 205.68 feet and '^ 58.03 feet, according to said plan; SOUTHEASTERLY 334.10 feet, as shown on said plant • SOUTi]WESTERLY by Gat S, as shown on said plan, 175.00 feett and WESTERLY by said Lot S, as shown on said plan, 414.65 feet. Containing, according to said plan, 4.24 Acres of land. t - Said premises are conveyed subject to all easements, restrictions and "►+ rights of ways of record. Said premises are also conveyed in accord-ance with the restrictions, easements and agreements as set forth in Schedule A attached hereto and made a part of this deed. Being a part of the premises described in deed of Robert P. Regan et als to Capricorn > Corporation, dated May 27, 1981, and recorde6. d 1n said Deeds at Book 1509, Page 143. Specifically excluded from this conveyance is the fee a in Fl7$ship Drive an shorn on s Lid plan. Incl,a-:od Jn this conveyance rt, is the a a:ement over and the right to use Flagship Drive :and 'pillow street throughout their length and breadth in coon with all others ntit d thereto i r t, l yprnonp. for w1}ic�h ubl ,c rrnv5� as sou or ores er e used �n e owh e. forth An ov r, .assat use ts. r. 3n gitnrss 104"rot the bald CAPRICORN CORPORATION. w Gis cauecd its corporate real to be hereto &Tied end tbue prexnto to be sitnetl, aekaowkdged and delireredinitanarneaadbehelfbr ROBERT P. REGAN, President, and VINCENT GRASSO, Its Treasurer, beretocUykutborised," twenty—fifth d&y of November, f&the fees oae tboueabd inns hundred sad eighty-one. Sussed end sealed lA pr000Ae of w CA iCORb COP Q T ON ta. tt ���!<a1tCh'teCtt3 000 l:stile 1UIre R rosi ent 4f .: at:rizca s:11 e.Nwclicci on this -- yutrumrnL reasurer November 25, IQBl 8ssex, a'e' Thou Pen cooly appeered the sbare araed ROBERT P. REGAN, President and ; VINCENT GRASSO, Treasurer, is WA saknavledzrd 14e fwetosat ia4trauaed to be No free&d sad deed of 11►e CAPRICORN CORPORA- 'T I ON, beteeo aeo ALhM G. UVIPEM`,hOLWhMG. � w,ooauairioa&aPb�a July l8, Its 86 Schedule A t20 ` a r ~Willow Industrial lark 1. hUYER agrees that the exterior desiga of any buLlding(s) pro- posed to be constructed as well as the associated Site plan- ping and parking facilities shall be subject to the review } �a and approval of the, SELF. The Intent is not to ispose unreasonable restrictions but to insure that the aesthetic up- '-A pearance of the Park is pleasing, well-planned, and integrally ?=} / compatible for the benefit of all. • �. BUYER agrees that the SELLER or his nominee shs11 reserve a permanent easement over a strip of land not to exceed twenty-tive feet along the boundaries of subject Lot which abut land not now or formerly that of the SELLER and over a strip of land not to exceed 3 .t fifteen feet along the boundaries of subject Lot which abut land now or formerly owned by the SELLER, This easement shall be for , recreational, utility and drainage purposes and shall run with the land and shall not interfere with the BUYER'S use of his improve- ments or access thereto, 3. BUYER acknowledges that the sewage effluent discharged by him or his nominee or successor flows into the sewerage system of the VILLOV MDL'STRIAL PARK which flows into a private pumping station owned by Grasso Construction Co., Inc, and The Willows* Inc, an the a premises of the WILLOWS PROFESSIONAL PARK. Such pumping station � has a capacity limi.ed by a permit issued by the Commonwealth of Massachusetts. The SELLER, in cooperation with Grasso Construction Co,, Inc, and The Willows, Inc., agree to allow the BUYER, his nominee, successor, heir or assign► to disehsrge into said system PROVIDED: (a) THAT effluent discharge will not exceed 75 gallons per day per one thousand square feet of office space or the requirrd design gallonage as specified by Title Five of the Hassachusetts State Sanitary Code for the BUYER'S use, :,.. which-ever is less; and (b) TUAT so industrial/commercial discharge will be permitted from industries/businessrs which use water/liquids and the dis- charge tbere-of in the manufacturing process, unless BUYER provides at his own expense, permission from the Town of North Andover and the Commonwealth of Massachusetts to discharge such effluent into the system. Volume of said discharge shall be approved in writing by the Seller and it Is agreed by the Seller that future grants under this provision will not adver- sely affect the Buyer's use of the sewerage system. f (e) THAT rf requested by the owners of the pumping station, the BUYER, his heirs or assigna, will install at his or their own ,+ expense flow metering devices to accurately determine the discharge into the system, and if to requested by the owners 1l ` fff •2' 3 i` VVtl i. yf .r .1•�7. '� F b K 15 4 7 --__--- - ' or the pumping station, the BUYER will likewise provide water metei readings for voter brought onto the subject property; and (d) THAT no other connection or discharge from any other source other than that from the subject property, whether directly or indirectly, will be allowed into the piping system, manholes, or other appurtenant structures of the sewerage system; and (e) THAT, if required and requested, the BUYER will grant to the SELLER or his heirs of assigns a permanent right of access and easement for the construction of a manhole or other required appurtenances, which will be owned by the SELLER, his heir* or assigns and the BUYER will grant a right of entry over its property to other users approved by the SELLER so lons as said access and easements do not interfere with the BUYER'S improve- meats and use, and 4 (f) THAT all construction relative to the'BUYER'S tie-1p to the SELLER'S manhole or other part of the leverage system will'be entirely at the BUYER'S expense and will conform with all' state and local codes sod ordinances; and (g) THAT, the BUYER, his heirs, or sssigns, will hold Oe owners of the pumping station barmlesa from any damage or loss due to any cause, circurmtance, Act of God (etc.) power failure) beyond the control of the owners. In the case of equipment malfunction, the WNERS agree to use all due and reasonable diligence to effect repair,. And y (h) THAT the BUYER, his heirs, or assigns, will not allow at or others arty easement or other means of access scross or on his property that pertains to sewage or waste water removal or drainage without the prior written consent of the WNERS; and (1) BUYER shall be responsible for no charges over and above municipal charges except the costs of repairs and im- provements stated herein, which costs shall be Ia proportion to the BUYER'S Lot size relative to the Lot size of other users; *ad (j) BUYER agrees that violation of say of the provisions of this agreement will allow the.SELLER or his successor to terminate and disconnect the BUYER'S.tie-in. 1 It is agreed that the BUYER way discharge under paragraph 3 (b) herein- before up to the amount of 10,000 gallons as allowed by permit(s) cited In said paragraph. Flow shall be so regulated by the BUYER so as to not exceed 417 gallons per hour under this provision, This volume it in addition to that allowed by paragraph 3 (a) ►ereiabefore. Recorded Nov.25,1581 at 1925PTl 012784 BK1848 CAPRICOM CORPORATION a corporation duly established under the laws of Massachusetts and havinft its usual place of business at North Andover Essex County.Massachusetts, in consideration of ONE HUNDRED FIVE THOUSAND AND 00/100 DOLLARS ($105,000.00) grants to RICRARD N. HANSON and DODGERS A. SA*ESOy, Trustees of Versatile Realtq Trust under declaration of trust dated Aug. 3, 1984 to be recorded herewith -tei ' j {f of 50 Salem Street, LynnfieId. Mass. f with nt [aim routtt� the land in North Andover, Maas. shown as Lot R' on a plan of land entitled l t�'Ta "Plan'of Land in North Andover, ml' dated June 1984, by Christiansen Engineering Inc., which plan is to be recorded herewith in North Essex Registry of Deeds. t=�i i More particularly bounded and described as follows; 11 SOUTHEASTERLY by the Northwesterly sideline of FlAg5bip- priva, 150.00 feet; SOUTHWESTERLY by Lot V, in two courses, of 376.19 feet and 100.00 feet;! respectively as shown an said plan; f 1 NORTHWESTERLY by land now or formerly of Cowmodore Corp., 241.37 feet; as shorn on said plan; NORTHEASTERLY by other land now or formerly of Capricorn Corp., 405.84 feet, ' E as shown on said plan. I Said Lot R' contains accordingly to said plan, 84,802 square feet, mote or lose. No conveyance of the fee in Flags+liip Drive is made or intended but there is hereby granted the right to use Flagship Drive in common with the Grantor and others who are or may become entitled. thereto for all purposes for which streets and ways are commonly used in the Town of North Andover. Said Lot R' being a part of the premises described in deed of Robert P. Regan, et ale, to Capricorn Corporation, dated May 27, 1981, and recorded in said Registry of Deeds at Book 1509, Page 143. This is'not a sale or transfer of all or substantially all of the assets of the Corporation situated in the Commonwealth of Massachusetts, In 10itntiss 394errof the said CAPRICORN CORPORATION has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged ►nd delivered in ita name and behalf by Robert P. Regan, its President and Jahn Grasso, itn Treasurer berew duly authorized,thL 3rd day of August in the year one tbousand nine bundrod and eighty four. Signed and sealed in presence of n �� Ce ricora-Co bratian by —LJ An r gar res 1 Essex sa August $� 1%4 Than personally appeared the above named Robert P. Regan, President and " John Grasso, Treasurer , and acknowledged the foregoing lnatrumeat to be the free act and deed of the Capricorn Corporation Wore me O tie D6ed 1~s,Cia4 9tarn p�1 9aSSC�lrae n eumu f t -239.G0 ffixed and cencolled on thin f n�tr�imnnt My commis4oa exptres eAw. gty Recorded Aug,3,1984 at 4t7PU #14584 — — Y ;c 3> BK1848 r $$ CAPRICORN CORPORATION a oorporation date established under the Item of the Cvumm ealtb of llavnaabuaette - and having Its usual place of buaiuess at North Andover. Essen county'. Maaebuaetts. In consideration of 'r Two Hundred Thirty-Tvo Thousand live Hundred Sixty Eight and 75/1D0 Dollars ($232,568.75) h,I . grants to LAUMCE A. LYONS, Trustee of CBAWACNE REALTY TRUST under Declaration of Trust dated May 6, 1984, recorded in Easels North Registry of Deeds at Book oaf$e286 Raleigh Tavern Lane, YorthAndover, Essex County, Tasaachusetts .= : with qututrlm roomnti5r Parcel I i The land in North Andover, Essex County. Massachusetts, being shown as Lot on a plan of land entitledo."Definitive Plan of Land of: Willow Industrial Park 3- Extension Located ant No.Andover, Hassachusetta" Scale 1" - 40' Dated June 13,1980, Rev. October 6, 1980, Sheet 2 of 2 Sheets. Oomer L Applichntt willow Industrial Park, ' 815 Turnpike Street, No. Andover, Mass. Surveyor Frank C. Celinas 6 Associates, Engineer Robert P. Regan, which plan is recorded at the Essex North District Registry of Deeds as Plan No. 8648, bounded and described as £ollowat SOUTHEAS'i'ERM by the northwesterly sideline of Flagship Drive, as shovn on said plan, in two courses totalling 200.00 feet; ` SOMWESTERM by Lot. R. as show on said plan, 405.84 feet; { NORTMMSTERLY: by land now or formerly of Symosek. as shrnm on said ` piano in tvo courses totalling 204.86 feet; and � . NORTHEASTERLY, by Lot L. as above oa said plan, 412.83 feet. Caataimigg, according to said plan, 81.991 square feet. +q Lot Q being a part of the premises described in deed of Robert P. Regan, of also to Capricorn Corporation, dated May 27. 1981, and recorded in said Registry of a: Deeds at Book 1509, Page 143. Parcel II The land With the buildings tbereon situated in North Andover shown as Lot L on a plan of land entitled "Plan of Land located in No. Andover, HA.o prepared -• for pillow Industrial Park". dated April 4, 1980; revised April 10. 1980 and recorded at the Essex North District Registry of Deeds as Plan No. 8353, •bounded and described as followst SOUTHEASTEnY: by Flagship Drive, 183.00 feet; NORTHEASTERLY; by Lot J, 465.79 feet; " NORTHWESTERLY: in five courses: by land now or formerly of Symosek, jr 60.20 feet. 29.84 feet, 33.43 feet, 61.58 feet, and 18.30 feet; h, SOUTHWESTERLY: by Parcel No 412.83 feet. r, r Lot L containing 80,064 square feet, more or less. according to said plan. .. ' i pi PhA��l.CSIEtrET15 ,E - T + s kUG 8x1848 1 Lot L being a part of the premises described in deed of Robert P. Regan, et ale. to Capricorn Corporation dated May 27, MI and recorded in said Registry of Deeds at Book 1509, Page 143. !io conveyance of the fet in Ylagship Drive is made or intended but there is 1. hereby granted the right to use Flagship Drive in com m with the Grantor and others who are or may became entitled thereto for all purposes for which streets and nays are commonly used in the Town of north Andover. There is also granted herewith the right to use the streets and ways shown {; 'Y on said plans for all purposes for which such streets and ways are commonly used ti'yr�F in the Town of North Andover in common with the Grantor and others eotitled thereto; y ' reserving to the Grantor, the right to grant such rights to others in com.on with, the Grantee. f This is not a sale or transfer of all or substantially all of the assets'of',the Corporation situated in the COmmmwealtb of Hassaehusetts. i 3n t tRB%� them" CAPRXCOBN CORPORATION Isaa caused its corporate seal to be Wew affixed and !bees presents !o be signed, acicnorrledsed sod delivered its r�►me behsu by RODE RT P. REGAN r its 1st President and JOM GMSSO, it, Treasurer bwt4o d�T sathorised,. { i dar of August is the>�one thousand nine hun�drod wd eighty-faun j git and sear]in preeeaoe of Cl1PRiCdRN C TX O !`h'. REGAtt. P T So, k August 1 1084 Essex Then PeT°ooa�ysppearedtheabatenLsmad AOBERT P. RECANr President and JO8t7 GHASSO, Treasurer ' sod w,"o lWaed the fote0ng instrument to be khe treeut sad deed of!hs CAFRXCCaN CORPORATION Won Ma A �' �dia�Liw.rMmr ,s�•.� S eommiseion =488 Recorded Aug.3,X9�+ at 4:Z1PM t11�+597 ` y. 1 S AFFIDAVIT I , Nicholas J. DeNitto, hereby depose and say: (1) that I am an attorney-at-law in good standing with a license to practice in the Commonwealth of Massachusetts; (2) that a title search was conducted at the Essex North District Registry of Deeds ("Registry") into the present ownership of Lots R, Q, S and W as shown on the plan entitled "Definitive Plan of: Willows Industrial Park Extension located in: North Andover , Massachusetts "Scale 1" = 40 ' Date June 13, 1980 , Rev. october 6 , 1980 , Sheet 2 of 2 sheets, owner of Applicant: Willow Industrial Park, 915 Turnpike Street, North Andover , Massachusetts; Surveyor , Frank G. Gelinas & Associates; Engineer , Robert P. Regan, which plan is recorded with Essex North District Registry of Deeds as Plan No. 8648 ( "Plan") , submitted by Robert P. Regan to the North Andover Planning Board with Form C Application for Approval of Definitive Plan dated August 18, 1980 ( "Application") Certified copy attached as Exhibit A. (3) The title search revealed: (a) Application subject to 12 conditions was approved by the. Planning Board on October • 22, 1980 but was not recorded with the Registry in Book 1591, page 30 ; until July 19 , 1982; (b) Plan was recorded with the Registry as plan No. 8648 on June 8, 1981; (c) Lot W and Lot S was conveyed by Robert P. Regan, Leo Hamel and Vincent Grasso to Capricorn Corporation ("Capricorn") on May 27, 1981 and recorded with the Registry in Book 1509/143 (certified copy attached as Exhibit B) . (d) Lot W was then conveyed by Capricorn to ARC Corporation on November 25, 1981 and recorded with the Registry in Book 1547 Page 319 (certified copy attached as Exhibit C) . (e) A confirmatory deed from Capricorn to correct the name of the Legal entity of ARC Corporation to ARC Realty Corporation dated February 18, 1982. is recorded in Book 1561 page 325 with the Registry (certified copy attached as Exhibit D) . 2 - (f) that according to said Exhibit A Robert P. Regan of Willow Industrial Park agreed to comply with conditions 1-12 inclusive, required by the North Andover Planning Board; (g) that Robert P. Regan as applicant of Exhibit A has violated conditions 4 and 7 as required by the North Andover Planning Board with regard to Lot W; (h) Lot S is owned by Robert P. Regan, John Grasso, and Vincent Grasso as of February 4 , 1985 as a result of the dissolution of Capricorn on September 6 , 1984 and recorded with the Registry in Book 1873 Page 159 (certified copy attached as Exhibit E) . (4) that Lot S as shown on the North Andover Zoning Map contains abutting districts zoned residential (R-2) and industrial (I-1) , respectively, and (5) that based on information and belief said Lot S is in the process of being sold. Signed under the pains and penalties of perjury on this 4th day of February, 1985. Vc#o 4asJ &eN i4t--t Attorney for Petitioners Paul and Monique Goodrich 130 Marian Drive North Andover , MA 01845 (617) 683-1493 MU a APPLxCATIO>t I►oR APPIMAL (W Dffir'YMTM PLATE ' .. i l A. To the Pluming Board of the Town of"North Andover: Al � < The undersigned being the applicant as defined under Chapter 419 Section s $]r-Ll, for approvalof a proposed subdivision shown on a plan entitled PR-rty_ �x7n�sions '' �� f. (�r;„�•.p r,�} �N O Cl S T1R IA L b Ro(� 'T P. R6 Ant dated � r aMIZ'. - :•^ NT A)0477-4 ill 441ya 1 LINO 4* being land bounded as fD12.oxss d 7?►+t •! Wll,.lOL.J y'n�QL1ST7Q/AL oAR,t:. •, pnJ TNG 4,.4 $�1 - 13 ! . S H0S�K. ' OAJ 7149 w95fi t,aArD tir061J 60000fc.N a,,,,J NOVA hereby s is aaid plan as a DEFINITIYS Plan in accordance with the Rules and �v Regulations of tha Horth Andover Plannissg Board and makes application to the Board for approval of said plan. R . " Title References North"Bssax"Deeds Book�, PageLO or Certificate of,Title No., RegistrationBookr�� page�,_E Or I Others ; Said am has( ) has not(X) evolved from • preliminary plan submitted to the:Board'of. l9 ,,,, and approved (with Mod.ification$) ( ) jdisapproved ( on 19 .^• kr" The undersigned hereby applies for the approval of said DEFIHITNS plan by.the Boards and in furtherance thereof hereby agrees to abide by the.Board*s * , Rules and Regulations. The undersigned hereby further covenants and agrees Plan b the . with'the Town of North Andover upon approval of acid DkI?IMTIVS p y ' f Boards 1. To install utilities in accordance with the rules and regulatioas of the PlanningLBoard, the Public works Department, the Highway Surveyors the Board of Haalths and all general as Mall an zoning by■- lawn of said Towns " as are applicable to the installation of utilities within the limits of ;s ways and streets; 2. To complete and conatruct• the streets or way'$ and other imps•mreneatc shown 3 thereon in accordance with Sections Iv and V of the Rules and Regulations �4� < of the Plenning Board-and the approved DIaFINIME plan* Profiles and cross ' sections of the -sane. Said plan, profiles, aroaa.aeotiona and construction I; specifications are apaciSicallp, by refera>nce, incorporated herein and Made apart af;this application. This application and the covenants.and agree- ments heroin shall be binding upon-an heirs, executors, administrators* succosaora+ grantees of the whole or part of said land, and asaipl??,'oi` the+ undersigned; and -� 4. / 3. To oomplete the aforesaid idatallations and nangtruotion with la' yearn from t r ezaof. fy Receive C�U �/C/ `` tore of A piicant v hates Times i / � ,� •.,y ? /�/A signaturesA sea t F z5''3 L ' afa� 3' 1 r . E .s , ','• PPLTCA?7��TOHN�CL= and Certification at Actin; of Planning Hoard Notice to A r r LOW MJS PARK FX'PF;Y TON, f� IT,i Definitive Subdivision Plan entitlldi. �t'; s iSt, Robert P. Rem dated Duna 13 j ]q, 80 aud' c # A ' Revined, Ootober,6 19$0' The North Andover Planning Board has voted to APPROY$ said plan, sub sact to the following conditions: '.^! ` 1 ant land forthwith execute and ranord That the record owners of the subject a "covenant running Xith the land", or othorwime provide security'for the ¢on- t+? r' atructiv of'xa�s and.tha installation► Of.muiicipal services within said sub» f; . division, all'as' „1iLfid liy`Ga. b. �1, S•r`$a�: r n2I:such gonatruvtion and rinatallations rehall in afar respects� 2.. Ttsat ore 'rules and regulations of this Boards ecaforrr"to the g { MCA 111JI[AIII,III rA Othit".oonditiottoi a'lt Coo so shast) �. {sae have b ll eon taken"iron, said approval xithiu in the event that no appeal sha ' twenty days frog C Andover Plaruning Scard Will forthwith date, the North -thereafter endorse its formal appro�ral upon !aid • i { ,j w w IF ♦ w w 04 w w, w w w w w w w w'i w w w w w M w w w w w w w Y M M w iF i► It � �SI o°' R����goo '� `.. '. . , • ;tlz m ''�' .�U i.r PF�rj r a t+(,Z •r VMTH AM= 14I BOWMai ' N �' � • °ta n vat .. - . . ;� ti, DatlaiOotnte�r 2 r � Sri• .. .. r i" .' .. 151 � °tr`�: I.' i ......�-..--,.•«.,r .waayr-W .. r� �rawra.,. � Qaadltioae for Willows Jftdustrisl Park Pxteasion a October 22,, 1980 , i { No. 3 boilerplate•does not apply. ` t , That no Work shall be done in the subdivision until security in the , form of a bond or covenant has been duly recorded and the plena are signed and recorded. 1 7 u _ § That any changes made to the definitive plea by other town agencies or.officials shall be submitted to the planning Board by the applicant. " 6. All street trees shall oonform to the Tree Warden'a specifications. 7. That, an required by our Zoning By—Law, Table 2 a`�uamarr of Dimantiansl ; - Requirements, Footnote 3s Adjacent to reeidential distriots, the required 4, aide or rear setback shall be 100 feet. The first 50 feet shall remain open t" " and green, be suitably landboaped, unbuilt upon, unpaved and not parked upon. Said 1o0 foot setback shall extend from the property line. ' All water and newer improvements,shall be in accordance with the Board of Publio Works letter dated September 22, 1980. v. w i j. As.required by the Highway Surveyor's letter dated September 16, 19801 a} all road,impsovements.shall be made in a000rdanoe with the revised plan, dated October 6, 19801 b) A minimum grade of 1',$ shall be maintained on the entire roadwnyl '�� ,•' k o) Where drainage is ;to be discharged; a drainage easement deeded to the } Town of North Andovor shall be requirodl ; + d Road gravel must be of goad quality and free-of-any stones over 6 inoheal s� Waiver of 40 foot paved area. s 10. Revised plans showing the 1A grade shall be submitted to the Planning Boards tie A Certificate of "Compliance required from any Order of ConditioA issued the Conservation Commiosion shall be required of the applicant prior to the final release of any bond or covenant. 12. All work is said subdivision shall be oompleted no later than October 15, 1981, 3y< ; except the finish ooat. on.Octotser 15, 1981, the Planning Board will set a �! complotian date for the finish coat. Recorded July 19,1982 •at. 1s6PM ^997 �. Sys" f S' 7. MASNACHUMMS QUITCLAIM Olco INO11T FORM(INOIVMUA0$al. ` t Robert P. Regan, Lea Hamel and Vincent Grasso43 ', I of 815 Turnpike Street, North Andover ESSEX County,Massachusetta ;f consideration , "&"*VMnnnWor consideration paid,and in full consideration of $1,00 and other valuable grantsto Capricorn Corporation, a Massachusetts corporation having its usual place* �'�.• ?! of business at 801 Tumpike Street, Box 14, North Andover, Mass. with g1turtatm rawaHnts 4 [Description srA mmmbnntes,if an►l 1 Certain parcels of land in North Andover, Essex County, Massachusetts, shown as Lots Kl, L andf v parcel H on a plan of land entitled "Plan of Land located in, No. Andover, Ma, pre- I : ; i pared for, Willow Industrial Park", surveyor prank C. Gelinas and Associates, dated it c s April 4, 1980 and recorded at the North Essex Registry of Deeds as Plan numbered 8353. x 4 Included in this conveyance is the easement over and the right to use Flagship Drive as shown on said plan and Willow Street throughout their length and breadth in common with all others entitled thereto for all purposes for which public ways may now Or } hereafter be used in the Town of North Andover, Massachusetts. Same property is also conveyed in accordance with the restrictions; easements and agreements as set forth in Schedule A attached hereto and made a part of this dead. i, Subject to all easements, restrictions and rights of ways of record. Meaning to s convey the balance of all remaining property of the premises conveyed to us by I. deed of Mark 0. Henry dated June 27, 1979 and recorded with the North Essex Registry of Deeds s; i in Book 1363, Page 109. 1 A J a L r Y I j r �11 E I 9f 3�lttttys ..,our_hand a and sal tbis.,..w2Z Cia... ..,,.. a of jy4i ....... ..----.«..........r.........�•..............«•....«. ..........r..... .. ! ail �' t�Eir �Iammatuuraltii of uriiuertta i L' dl ESSEA al. Ma 27 1981 1 I y Than pasonaily appeared the above named Robert P. Regan, Leo Hamel and Vincent Grasso I '' v and ackaavTiedged the foregoing instrument to be t sir free act and de ,before me ba ^• IJ6 publk nstioF of t l4rot < -. °r.•1 z. ;r p r. r.-( , t ohn R. Hryden ^1 - n >i •,j (9rr, ,, ct , . itoasmluloauptm August 7 �985 B K 1 . we;nutira+ .:xr.�. n.-.•r-m,. .- ++wry � { � - � »•`.:r¢.:t.^' +� .Y—r }m�s'L'ta tryr{!3�..S. .,,, k - ,V a , +< SCHEDULE A € 44 --- WILLOW INDUSTRIAL PARK s i h 1. r BUYER agrees that the exterior design of any buildinq(sy proposed to be constructed as well as the associated F � site planning and parking facilities shall be subject "xy TM. to the review and approval of the SELLER. The intent is not to impose unreasonable restrictions but to insure that the aesthetic appearance of the Park is �I i+ well-planned and integrally compatible for pleasing, i the benefit of all. kx, k a 2. BUYER agrees that th .:. e SELLER or his nominee shall reserve a permanent easement aver a strip of land ttat a vi to exceed twenty'-five fee in width along the boundaries Sc of subject Lot which abut land not now or formerly that of the SELLER and over a stip of land not to exceed 3 �* I' Fifteen feet in width along the boundaries of. subject ; F } , 'I Lot which abut land now or formerly awned by the SELLER. i ll: This easement shall be for recreational and, l an and w1 drainage purposes and shall run with the land and shall of not interfere with the BUYERS use of his improvements or access thereto. 3. BUYER acknowledges that the sewage effluent flowaeintoithearged s } ; 4r by him or his nominee or success x �+ sewerage system of the WILLOW INDUSTRIAL PARK which ti station owned by Grasso „ af, flows into a private pumping i Construction Co., Inc. and The Willows, Inc. on the t premises of the WILLOWS PROFESSIONAL PARK. Such pumping 3 j; r}� ; ermit issued by th C �, station has a capacity limited by a p Commonwealth of Massachusetts. The SELLER, .in coopers tion with Grasso Construction CO., Inc. and The Willows, Inc., agree to allow the BUYER, his nominee, successor, heir or assigns to discharge into said system PROVIDED; f f i d � ' THAT effluent discharge will not exceed a gallons '� (a) per day an the average each year from the date of transfer hereunder; and (b} THAT no industrial/commercial discharge will be " " k � � permitted from industrial/businesses which use � . p quids and the discharge thereof in the a water/ lig } manufacturing process; and (c) THAT if requested by the owners of the pumrpring ? IIi f station, the BUYER,their heirs or assigns, r install at his or their own expense flaw metering i' f` � devices to accurately determine the discharge into the system; and if soNil requested by the owners of + the pumping station, the BUYER will likewise provide water meter readings for water broughtWX ppp onto the subject property; and ; { ' ILL 1_1 5 + ? f i +1. fN � i 1 gggg y ' 5 t f 1 • t , i s B H 15 0 s 4 ,r J-45 r " (d) THAT no other connection or discharge from any ,. other source other than that from the subject will be z 'property, whether directly or indirectly, , allowed into the piping system, manholes, or other i appurtennt structures of the sewerage system; and (a) THAT, if required and the BUYER will requested, � > grant to the SELLER or his nominee a permanent right of access and casement for the construction of a manhole or other required appurtenances, ; which will be owned by the SELLER, his nominee or successor and the BUYER will grant a right oIJA f entry over its property to other users approved by the SELLER so long as said access and easements do not interfere with the BUYER'S improvements and 4 , use; an k d , relative to the BUYER f 'S z �<} ( } THAT all construction tie-in to the SELLER'S manhole or other part of the sewerage system will be entirely at the �s BUYER'S expense and will conform with all state � Ir and local codes and ordinances; and (g) THAT, the BUYER, his heirs, or assigns, will holdl� the owners of the pumping station harmless from � '•'. any damage or Ions due to any cause, circumstance, Act of Cod (eta.) (e.g., power failure) beyond the I r control of the owners. In the case of equipment # ,l f malfunction, the OWNERS agree to use all due and reasonable diligence to effect repair; and BUYER, his heirs, or assigns, will not THAT the y r.4 i (h) allow abutters or others any easement of other t r means of access across or on his property that e` pertains to-sewage or waste water removal or drainage without the prior written consent of the OWNERS; and i fi F (i) BUYER shall be responsible for no charges over and above municipal charges except the costs of repairs �., and improvements stated herein, which costs shall be in proportion to the BUYER'S Lot size relative to the Lot size of other users; and (j) BUYER agrees that violation of any of the provisions 'i of this agreement will allow the SELLER or his j . • '; successor to terminate and disconnect the BUYER'S ! I '•. :. tie-in. k r: a*g Recorded June 8,1981 at 3:54PM #3683 i t `rj. r' ,•�_-, ANa�....:�3`�'..._,.T�-_,..l.wu..�.-...�.....,.,.....iw.�.a, �...•.....i...,.'.wi.. l{i�..ti..aa.i _. y XqID to ,L BB1547 ' C, CAPRICORN r,.•.CORPORATION# _ ". �. .._._�i _ •} a corporation duly established under the lws of the Commonwealth of Massachusetts, ; 4 and having it.usual Pim of 6alnesa at North Andover, Essex' County.Massaehusette, in consideration of a TWO 11UNDRED 'TWELVE THOUSAND FOUR HUNDRED AND ti0/100 ($212,400.00) ,,;•„ � -. DOLLARS*aaaaaaa�aaa+aaa*aaaaaaaaa�aaaaaaaaa*a*araeaaaRaaaaaaaaaaaaaaa 'F gents to ARC CORPORATION, a Massachusetts corporation having an usual ��. plac@ s of business at Turnpike Street, North Andover, said County of Essex 4jf and Commonwealth of Massachusetts, with qultrlslss rg9ettsais the land in North Andover, Essex County, Massachusetts, being shown as Lot 61 W on a plan of land entitled "Definitive Plan of Land af: Willow Industrial park Extension Located in: No. Andover, Massachusetts" Scale y 1" 40' Date June 13, 1980, Rev. Oct. 6, 1980, Sheet 2 of 2 Sheets, Owner {y4 I. Applicant: Willow Industrial Park, 815 Turnpike Street, No. Andover, Y• m Mass. Surveyor frank C. Gel inas i Associates, Engineer Robert P. Regan, which plan is recorded with Essex North District Registry of Deeds as ' - ,} Plan No. 8648, bounded and described as followss sty NORTHWESTERLY by Flagship Drive in a curved line 172.73 feet, as t }4 i shown on said plant WESTERLY by Flagship Drive in another curved line the radius of which is 30.00 feet, length 28.88 feet, as shown on ! said plan= x NORTHERLY ' by Lot N1, as shown on said plan, 283.96 feet; 0 NORTHEASTERLY in three (3) courses, 154.55 feet, 205.66 feet and ' s w 58.03 feet, according to said plant SOUTHEASTERLY 334.10 feet, as shown on said plant ` h u SOUTHWESTERLY by Lot S, as shown on said plan, 175.00 feet; andWESTERLY by said Lot S, as shown on said plan, 414.65 feet. s c Containing, according to said plan, 4.24 Acres of land. 3 fi� dc�;5` q u Said premises are conveyed subject to all easements,'restrictions and rights of ways of record. Said premises are also conveyed in accord- rice with the restrictions, easements and agreements as set forth in E Schedule A attached hereto and made a art of this deed. Being a part 4 " of the promises described in deed of Robert P. Regan et als to Capricorn r _ > Corporation, dated May 27, 1981, and recorded In said needs at Book 1509, Page 143. Specific111y excluded from this conveyance is the fee in Flagship Drive as shown an Skid plan. Incl.,31ed in this conveyance E a is the easement over and the right to use FlaSship Drive and Willow � Street throughout their length and breadth in common with all others r� gntititd t�ereto f r ihl J uroos�s fo w>;iic�h Rublhc wgg ma now or oxen er a used �n a own o ltor h ..n ov r .assa use ts. 3" iottnrri l�arrtcf tM said CAPRICORN CORPORATION, � ,1 # 33 bu caused lte'eaq*rzte sal to be hereto &Mud and thew promts to be signed, acknowledged and deiivend iaitenammA behliMby ROBERT P. REGAN, President and VINCENT GRASSO, Its Treasurer, kwetoduiyauthedsed " twenty-filtth day*( November, ie tM lnar one Ummand sine bund,ed wd eighty-one. �; ; t• a Sinned Md aeied is preeeaoe at i E, CA ICOR Co ON (4: tierl rxahs St*4 ra ,• res eat ' 4 �ai� a.tizcd an,1 f..6.,;ciicsi on this t +rwtrumenL E �§ k� reasurer �. � +' Essex# w. November 25, 1081 .,1����,� .;• Then Perwnallyappe+red the above aamwd ROD£RT P. REGAN, President and ; �.� a,.�,t. VINCENT GRASSO, Treasurer, aekaowladged the fore laeuw�aeat/o bs the frea act sad dad of tba CAPR ICORN CORPORA- i i_ 4 psi 4 TION# befoneae x i �7 ALAN G. LAMPERT, Nway laws, 1G�110tf3tESQir}flitt�( ?. § hVy comarLeioa espira, July 18# 19 86 �'' In �1 � :,:.3i:S'd:. �].�T;�n;IAry,1.^T(.:�.:.t^..J.i.1tl;... "„i..' .. c• I Schedule A g ` U Billow Industrial ParkF BUYER agrees that the exterior design of any buildiag(s) pro- the to be constructed as well as the as site plan- ar ning and parking facilities shall be subject to the review ; and approval of the SELLER. The intent is not to impose unreasonable restrictions but to insure that the aesthetic ap- pearance of the Park is pleasing. well-planned, and integrally f � ' compatible for the benefit of all. 2. BUYER agrees that the SELLER or his nominee shall reserve a permanent easement over a strip of land not to exceed twenty-five feet along the boundaries of subject Lot which abut land not now or formerly that of the SELLER and over a strip of land not to exceed � . I ! I� fifteen feet along the boundaries of subject Lot which abut land 4� ! i now or formerly owned by the SELLER. This easement shall be for recreational, utility and drainage purposes and shall run with the j ! land and shall not interfere with the BUYER'S use of his improve- t ! f ## sent% or access thereto. ` 3. BUYER acknowledges that the sewage effluent discharged by his or his nominee or successor flows into the sewerage system of the J. y WILLOW INDUSTRIAL PARK which flows into a private pumq#ng statina ' a.' owned by Grasso Construction Co., Inc, and The W111owa. Inc. on the # premises of the WILLOWS PROFESSIONAL PARK. Such pumping station ti has a capacity limited by a permit issued by the Goas,onwcalth of 3lassachusetts. The SELLER, in cooperation with Grasso Construction Co., Inc. and The Willow*, Inc.. agree to allow the BUYER, his 4' nominee, successor, heir or assigns to discharge into said •sates PROVIDED; (a) VAT effluent discharge will not exceed 75 gallons 'tx per day per one thousand square feet of office space or the `t* required design gallonage as specified by Title Five of the Massachusetts State Sanitary Code for the BUYER'S use, r° iwhich-ever is less; and t (b) TRAT no industrial/comwercial discharge will be permitted fro. ; induatrias/businesse■ which use water/liquids and the dim• + charge thereof in the manufacturing process; unless BUYER provides at his own expenses permission from the Town of North +; Andover and the Commonwealth of Hassachusetts to discharge } such effluent into the system. Volume of said discharge shall be approved in writing by the Seller and it €a agreed by the sly Seller that future grants under this provision will not adver- J sets affect the Buyer's use of the sewerage system. } ^ (c) THAT it requested by the owners of the pumping station, the i BUYER his heirs or assigns, will install at his or their own s expense flow metering devices to accurately determine the r discharge into the system, and It so requested by the owners E i I S xs. w 'I ,Y AS- B K 15 4 7 M .. _. .. . _ i' •N of the pumping station, the BUYER will likewise provide water 321 i s' meter readings for water brought onto the subject property, and (d) THAT no other connection or discharge from any other source other than that from the subject property, whether directly or (a) pro- indirectly, will be allowed into the piping system, manholesb a or other appurtenant structures of the sewerage system; and e pry eview (e) THAT, if required and requested,,the BUYER will grant to the oac - - :I - SELLER or his heirs or assigns a permanent right of access and he tie ap- r ' easement for the construction of a manhole or other required ntegrally ,_ appurtenances, which will be owned by the SELLER, his heirs or d�' assigns and the BUYER will grant a right of entry over its c" property to other users approved by the SELLER so lops as said erve C' access and easements do not interfere with the BUYER'S improve- ad twenty-five ments and use, and and not now or not to exceed (f) THAT all construction relative to t h abut land he'BUYER'S tie-in to the i SELLER'S manhole or other part of the sewerage system will be hall be for 1€ entirely at the BUYER'S expense and will conform with all run with the state and local codes and ordinances; and his improve- ; , Y4 ': (g) THAT, the BUYER, his heirs, or assigns, will hold the �. owners of the pumping station hsraless trove any damage or loss �d by him or ; due to any cause, circumstance, Act of God (etc.) (e.g., power :cm of the =i failure) beyond the control of the owners. In the case of aping station j `' equipment malfunction, the OWNERS agree to use all due and rs, Inc, on the i' reasonable diligence to effect repair, and ping station ' I,onwealth of � _. (b) THAT the BUYER, his heirs, or assigns, will not alloy to Construction s'. abutters or others any esscment or other means of access 9UY£R, his t across or on his property that pertains to sewage or wade a said system water removal or drainage without the prior written consent of the OWNERS; and ' ,na � +ce or the (i) BUYER-shall he responsible for.no charges over and p above municipal charges except the costs of repairs and 'a' Five of the provements stated herein, which costs shall be in proportion '5 use, 9 to the,BUYER'S Lot size relative to the Lot sire of oilier users, and ` permitted fray p (j) BUYER agrees that violation of any of the provisions id the dts- ' S, of this agreestent will allow the SELLER or his successor to less BUYER t ', terminate and disconnect the BUYER'S tie-in. r Town of North ' discharge i It is agreed that the BUYER may discharge under paragraph 3 (b} herein- It shall before up to the amount of lo,oao gallons as allowed by perwit(s) igrecd by the cited in said paragraph. Flow shall be so re;ulated by the BUYER so as till not adver. j to not exceed 417 gallons per hour under this provision. This volume is �• $ ` in addition to that allowed by paragraph 3 (a) bereiabefore. station, the t 4 nor their axn Recorded Hov+25*1981 at 1t25�I /32'�8$ amine the ; F• iy the owners a { 1. r BK1561 . r. CAPRICORN CORPORATION F d ' itorporauondulrestabllst,edunderthelawso{ the Come+onwealth of Massaohusetts, i and having its usual place of bus+nen at North Andover,. County, Massachusetts x ' ..; } Essex . r for consideration paid,and in full cc of less than One Hundred ($100.00} Dollars,' ti w grants to A.R.C. Realty Corporation, a Massachusetts corporation having an uual place �althllUitrltilttl LOUCiIul+td �t o business at Turnpike Street, North Andover, being shown as Lot W x Essex County, Commonwealth of Massachusetts, t ^i Essex County, Massachusetts, the land inNorth Andover, t on a plan of land entitled "Definitive P �i�Nor�h$Andover,oMassaehusetts" Park Extension Located ir�pW' Sheet 2 of 2 sheets, � So 1" R 40' Bate June 13, 19B0, Rev, oct815'Turnpike Street, No. And- licant: willow Industrial Park, owner & Applicant: of Deeds over, Mass.- SurveYis recorded wlthnisssexANorthaDiatricbiRegistryeer ett P. Regan, which plan i as Plan No. 864$, bounded and described as follows: as spawn NORTHw1;STERLX by Flagship Drive in a curved line 172.73 feet, on said plan; Of WESTERLY by Flagship Drive. in another curved line tho radius said which is 30.00 feet, length 28.$8 feet, a plan; 283.96 feet; �t NORTHERLY by Lot Ki, as shown on said plan, 205.68 feet and 58.03 NORTHEASTERLY in three (3) courses, 154.59 feet, to said plan', feet, according plan; ,y SOUTHEASTERLY 334•l0 feet, as shown on said P 1 00 feet, and SOUTHWESTERLY by Lot S, as shown on said Plan, 75• by said Lot S, as shown on said plan 414.65 feet. WESTERLY ` Containing, according to said plan, 4.24 AcrAs of land. ed in accordance x. Said premises are conveyed sub3ee�emiseslaresalsotc ea onveyed in act and t rights of ways of record. Said p r with the restrictions, easements and agreements as set forte iartcofdthe ul A attached dibed in andmadeRob artrt Pc Regan etf this eals $oiCapricarn Cor- e.. premises des 2 deed$ f and retarded in said Deeds at Book 1509, r potation, dated May 7, 9 ' Page 143. Specifically excluded from this conveyance 'is the fee in r' Flagship Drive as shown an said plan. Included Dri�eiandoWillowastreet ri ht to use Flagship hers entitled the E of d 1 an al over with o w t O easement Comm 'i eas in r be e breadth e the d Brea hereafter , �'�:" heir length an s may now or h throughou t t o ways Y -s thereto for all purposes for which Massachusetts. used in the Town of North Anodver, and corrective deed to clear + I' rk' This deed is being given as a confirarporation said deed confirming and title in the grantee A.R.C.fromRea C of Deeds in correcting an earlier deed 81 and recorded DeedCorps i- ation dated November 25, g referred to 'Book %�r`�� , !'aga3�� , the correct name ofrtanteeeInl this ideed dated ovember,25, 1981 deed being the g in said 16 198 2, A.R.C. Realty �Corporation. a� February , � t;, Jet��•- ' } n" ;Ag" ;a j I, IQ S 6 X AMA the said CAPRICOFdi WRliChiATICd1> r i.0 32b 6u Caused Its cnrPorate xal to be hereto a6ixed and these presents to be signed, acknowledged and 9t.L, i y President ' s' behalf b P. I�CIAN, ! devered in its name and ,- °'# its hereto duly authorized, this eighteenth day of pebry in the year one thousand nine hundred and eighty—two r - Signed and scaled in Presence of RMPQ� - .l...i... '•".'•""' a 4. b P. MOAN, s nt ka i 4l , ui i'`i �i�; ' a�hr �iamratnutarttttl! nt 3ifttnensElttstitb Tbxy 28 ��2 � '€}ten personally appeared the above named Robert P. fiepn, President E I: and acknowledged the foregoing instrument to be the free act and deed of the CAPRICt71iN WRP�RA'1*IClJ Wore me f ��, 'w......• !`tOl'�(putlllt^/WIIN O�itlf TkKf 11 ri�r� 4 sf MY Commkrloa aP[rn At 7-7 S. • S f k 4. BH156x �: _4,..,,,.....-... •.tea,;.,. .._...., .. .- .. .,,_.__..., ....v.�•-.�.,-«.x-c«.,.+.xr.r.oa,i.�..--s Schedule A ny Willow Industrial Park 1, gL'YER agrees that the exterior design of any building(s) pro- �3' E posed to be 4onstructel as well as the associated site plan- posed to` sing and parking facilities shall be subject to the review a is and approval of the SELLER. The intent is not to impose 4 #� unreasonable restrictions but to insure that the aesthetic ap- pearance of the Park is pleasing, well-planned, and integrally i Compatible for the benefit of all, 2, BUYER agrees that the SELLER or his nominee shall reserve t over astrip of'land not A permanent easemen to exceed twenty five } , :5 _ rryt feet along the boundaries of subject Lot which abut land sat now or " S formerly that of the SELLER and over a strip of land not to exceed fifteen feet along the boundaries of subject Lot which abut land now or formerly owned by the SELLER. This easement shall be for V. F,1tt L. recreational, utility and drainage purposes and shall run with the land and shall- not interfere Eith tits BUYER'S use of his is1prov0- meats or access thereto. . i 3. BUYER acknowledges that the Sewage effluent discharged by him or 't,: ? ! i, his nominee or successor flows into the sewerage system of the a y" 1 fr i Wl'LI.OW INDUMIAL PARK which flows into a private ptunping station owned bytGrasso Construction Co„ Inc. and The Willows, Inc. on the premises of. the WILLOWS PROFESSIONAL PARK. Such pumping station E a has a capacity limited by a permit issued by the Comnotlwcalth of Massachusetts. The SELLER, in cooperation with Grasso Construction '•:' ' Co., Inc. and The Willows, Inc., agree to allow the BUYER, his 4 'i.4f nominee, successor, heir or assigns to discharge into said system PROVIDED: • 'r s T!tAT effluent discharge will not exceed 75 yalla". ? {qi0 et of office space or the per day per one thousand square fe Ir * rrg1+; d design gallonage as spec.fic+1 by Title Five of the Hass. '',usetts State Sanitney Code for the BUYER'S use, which-ever is less; and (b) THAT no industrial/commercial discharge will be permitted from induslrlo5/husinennes which use waterfligo do and the dis- "'�"— charge thereof in the manufacturing process; EEuless RU1ER provides at his own cx!tense, permission from the. Town of North r Andover and the Comma nwealLh of Hassarhusct,Ln to discharge n',}; such effluent into the system. Volume of sail drxchargr shall 1 V ;: be approved in writing by the. Sol ler and iL is agreed by the Seller that future graoLs under this provision will nut adver- , pk1 Rely affect• the Buyer's use of ills Ruwrrni;r system. jtst' ryff�. (c) THAT if requested by tile owners of the pumping station, the BUYER, his heirs or assigns, will install at hls or their own expense flow metering devices to accurately dGterminG the ; ,i^ and if so requeste discharge into the system, by the. owners' pj s Emwxaw • Err - , .f .. r t ry { 3 � ti .328 ^• of the pumping station, the BUYER will likewise provide water k� `�• 6, ,, meter readings for Water brought Dots the subject property; and t t�, (d) THA1 other connection or discharge front any other aource othv than that from the subject property, whether directly or + indirectly, will be allowed into the piping system, manholes, or other appurtenant structures of the sewerage system; and " $s (e) THAT, if required and requested, the BUYER will grant to the SELLER or his heirs or assigns a permanrnt right of access and easement for the construction of a manhole or other required {� i• ��' appurtenances, which will be owned by the SELLER, his heirs orb assigns and the BUYER will grant a right of entry over its t� property to other users approved by the SELLER so long as said �T. access and easements do not interfere wits, the RUYEN 5 improve menta and use, and THAT all construction relative to titre BUYER'S tie-in to the {;4 SELLER'S manhole or other part of the sewerage system will be entirely at the BUYER'S expense and will conform with all { t. state and local codes and ordinoncea; and � THAT, the BUYER, his heirs, or assigns, will hold the owners of the pumping station harmless from any damage or lase r{1 + ff' due to any cause, circumstance, Act of God (etc.) (o,g., power ! .F failure) beyond the control of the owners. In the cast of ' r,l equipment malfunction, the OWNERS agree to use all due and reasonable diligence to effect repair, and tl., } (h) THAT the BUYER, his heirs, or assigns, will not allow ri abutters or others any easement or other means of access k fi ' across or on,his property that pertains to sewage or waste j < { ` water removal or drainage without the prior written consent of +pg] t ',! i the OWNERS; and "hy, (i} BUYER shall be rasponaible for no charges over and above municipal charges except the costs of repairs and im- provements stated herein, which costa shall be in proportion 3 to the BUYER'S Lot size relative to tile Lot sire of other Al users; and (j} BUYER agrees that violation Of any of tiie provisions Ji,." i. of this agreement will allow the SELLER or his sn'ccessor toglw terminate and disconnect the BUYER'S tie-in. ; j It is agreed that the BUYER may discharge under paragraph 9 (b) herein before'up to the amount of 10,000 gallons as allowed by permit(s) +, cited in said paragraph. Flow shall be so regulated by tine BUYER so as to net exceed 417 gallons per hour under this provision, This volume is F r' in addition to that allowed by paragraph 9 (a) hereinhaforr., Recorded Feb.18,1962 at ii 5MFM #1556 tr 1 }ti r : f > ` s 1 ,s B CAPRTCORN CORPORATION 159 CLERK S CERTIFICATE " 3 i, JOHN GRASSO, hereby certify that,I am the Clerk of s Capricorn Corporation, a Massachusetts corporation and that, $ s#, as such, I am authorized to execute this certificate on behalf of the Corporation, and I'hereby further certify that; 1. The following persons are duly elected and qualified l = Officers and Directors of the Corporation holding the position set opposite their respective names below, and their signs- t a5 tures set opposite their respective names below are their own dr k yy1y? true signatures. NAME TITLE S NATURE a- ROBERT P. REGAN President # VINCENT GRASSO Vice-President s � s JOHN GRASSO Treasurer a � JOHN GRASSO Clerk ! } " ROBERT P. REGAN Director JOHN GRASSO Director +, VINCENT GRASSO Director �� �• � I 2. The following persons are the Shareholders of the rt y r Corporation, each owning the -following percentage of the issued and outstanding capital stock of the Corporations '. t h.ti NAME PERCENTAGE : ' ROBERT P. REGAN 50a { 1 : a s s_„ JOHN GRASSO 25% VINCENT GRASSO 25% h 3. Attached hereto as Exhibit A is a true and complete ., copy of the consent vote duly adopted by the shareholders and „:. Directors of the Corporation concerning liquidation of the Corporation and execution of any and all documentation rela- tive thereto. 4. The documents attached hereto have not been amended, .s„ revised or modified, and are in full force and effect as of the date hereof. S � R IN WETNESS WHEREOF, I, JOHN GRASSO, have hereunto set my i ' hand and the seal of the Corporation this September 28, 19BA. I ! # ti CAPRICORN CORPORATION s' i By: (seal) r 'ri J 0, C st �FJ I, ROBERT P. REGAN, President of the Corp ation, hereby s w certify that appearing above is the true signature of JOHN s GRASSO, Clerk of the Corporation. ,. ROBERT P. REGAN, have IN 2$, 19$4. hereunto set WITNESS WHEREOF, I, my hand and seal this September P. RECA e an 1 � fx� 3790s xbti '' i. r ( BR1878 160 EXHIBIT VA' CAPRICORNCORPORATION ' ! CONSENT IN LIEU OF DIRECTORS AND SHAREHOLDERIS MEETING � I S JULY 5, 1984 The undersigned, being all of the members of the Board of Directors and all of the holders of the capital stock of the � !. CAPRICORN CORPORATION, a Massachusetts corporation, and acting in accordance with Sections 43 and 59 of Chapter 1565 of Mas-sachusetts General Laws, hereby approve and adapt the follow- ;:: ing vote: VOTED: That the Corporation adopt the following plan of liquidation: I. That as soon.as practical, counsel for the corporation shall file a Certificate of Dissolu- tion of the Corporation pursuant to Section 100 of Chapter 156E of Massachusetts General Laws, and that the officers of the Corporation are L , hereby authorized to execute any and all docu- ments necessary to effect such dissolution. ` I II. That the Corporation, by its duly autho- rized Officers, upon dissolution, distribute all 1" of the assets of the Corporation to the Share- holders in ratio of each Shareholders holdings r: to the -total issued and outstanding stock of the Corporation, and the President and the Treasurer i of the Corporation are hereby specifically dir- ected empowered and authorized to convey the ! real property owned by the Corporation to the Shareholders as tenants in common in ratio of each Shareholder's holdings to the total issued and outstanding stock of the Corporation. j x' III. That the Officers of the Corporation are ti� f �j l,� ° ', hereby authorized to execute any and all docu- meats necessary to effect the foregoing. �5 j e ranted shall ,k IV. That the authority herein granted w , i survive the dissolution of- the Corporation for a li period of three (3) years. 17 3 . Executed as of the day and year first fiGL en abOV44 �!! RO REGAN j �- JO SO V NCEN�T LASSO 3789a Recorded Sept.28*1984 at 1:11PM #18768 I ' I �5 55-+ 1 9 y f } flora at-Cara, _ ,?04 C�,�e� �.7freet- aLatareieca, �/li�ae,�. 078.�0 / Ard 1982 eWy 6'BG--Olff � April 14 , v,( 01,addo, CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles H'. Foster , -Building Inspector . Town of North Andover Main Street North Andoverr Massachusetts O1845 . for Enforcement Pursuant to Re : RequestChapter 40A, Section 7 General Laws, Dear Mr . Foster : office represents Edward and Nancy Condon and Robert and Pursuant to This Qf �c p request that Monique Chapter 40A, §7 our clients Tow ue Goodrich, all of. Marian Drive in North Andover . Town of North Massachusetts General Law B laws of under con- you enforce the provisions of the Zoning Y� Presently Registry of tan No. 8648 , North DistCor Corporation and Andover with respect toan industrial building p struction on Cat W, A.R.C. Realty Co p Deeds , believed to be owned by on Flagship Drive , currently fically , our clients main tai�ctedtinh Violation gof several Specz 2. 73 , Se under construction thereon xlawsrn n hiding Section 2. 71, Sec provisions of 'the Zoning Y- Of Dimensional Require 4 . 129 (12} , and Footnote 3 to Table 2 Summary you are directed additional 50 foot side or rear setback in which requires an I e or rear setback . is side Planning en r foot e m O - th � f to addition to the normal 5 1980 from YOur office yard. matter wherein you indicate that the to a letter dated October 20r Board relative to this Very t space between the setbacks are always taken from the lot line' Ythaarepfurther directed to Section 2 . 73 which defines rear setback as building and the rear lot line of the lot on which such rear of the bud g building stands. it erected less The building under construction an Lot e is being arty the property lines of same of the residential abutters. than 100 feet from is approximately 60 feet from the real: prop the building proper ernes. Accord- In fact, in such penalties line separating Lot W from the Condon and By-laws, levy g you enforce the `Coning You prevent, correct, restrain ingly , we ask that y You revoke the as are provided therein, and further that y P and or decline and refuse to issue a d abate the violations discussed herein. We ask that Y constructed an building building per issued �eallowing the use of any Certificate of occupancy Charles H. Foster , Building Inspector -2-- April 14, 1982 thereon until such construction complies with the 100 foot side and rear setback requirements, taken from the lot lines of the abutters. Under separate cover , I am sending a copy of this correspondence along with an additional request to the Planning Board of the Town of fE North Andover to enforce pursuant to law the conditions outlined in a decision of the Planning Board dated October 20, 1980 . Paragraph number 7 . of said conditions specifically states that a 100 foot setback , taken from the property line shall apply to subdivision plan No. 8648. A copy of my letter to the Planning Board is enclosed. Your prompt attention to this matter in accordance with Chapter 40A, Section 7 is requested. ry truly /Op rs, J eph A. Grasso, Jr . JAG. tab f j !I may 10 , 1982 I 1 Attorney John j . Willis , Sr . , Town Counsel 160 Pleasant Street Forth Andover , Mass . 01845 Pear Attorney Willis : At l is May 4 , 1982 regular meeting , the Planning Board voted unanimously to refer the enclosed letter to .you for your opinion as to wheat action the Board should take . Also enclosed are: minutes of the public hearing and correspondence Dregarding the setbacks . The Board would like to receive your opinion before May 17 , 1982 . Very truly yours , VA F7 V Susan M. St. Pierre , Town Planner SMS/jw Enc. I € i i i May 10 , 1982 Mr. Charles Foster , Building Inspector ,Town Office Building 120 Main Street North Andover , Mass , 01845 Dear Mr. Foster : As you know , it has. beets brought to the Planning Board ' s attention by Attorney Ooseph A . Prasso , Jr . that a possible set-back problem Exists on Flagship Drive where ARC Realty Corp . constoucted their n nevj build ng . The Board would like to invite you to. their next meeting on May 17 , 1982 at 7 ; 30 p .m. to d1scuss this Futter . sincerell , PLANNING BOARD Paul A. Hedstrom , Chairman aw If o� N�aT 6 yH OFFICE OF TOWN COUNSEL dE`<_`°'•,a°o� 160 PLEASANT STREET TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 RAATao'PY4'`,�°J Sac Hh1S 1 TELEPHONE 685-355I JOHN J, WILLIS, SR. � Town Counsel May 170 1982 Atty. Paul Hedstrom North Andover Planning Board 120 Main Street North Andover, MA 01545_ RE: Willow s lows Industrial Park Extension Dear Haul The apparent difficulty which you are having with the issue presented. on Flagship Drive stems from an interpretation of our zoning Bylaws. The dimensional requirements of the Zoning Bylaw Table 2 require that "adjacent to residential district" there must be an add-itiopa -)4ty foot setback in the rear making a total. setback nnormal industrial :Lot which "is adjacent to" a residential district. The Building Inspector in his reading of the bylaw determined, after an investigation of the zoning boundary line location, that the lot in question upon which the building was to be erected did not "lie adjacent to a residential. district". The reason that this circumstance exists is that the industrial zone boundary lane runs through a portion of the residential lots on Marian Drive. So, assuming the boundary of the industrial lot involved is not contiguous with the end of the zoning district line, then it could be said that the lot in question is not adjacent to a residential distract but rather adjacent to another lot a portion of which is an industrial district. Under such a view of the circumstances the additional buffer requirement would not be imposed. on the other hand you as a Planning Board are charged with the implementation of subdivision control law. one of the rights which you have under subdivision control is to impose upon the subdivision of Land certain reasonable conditions. In your decision you pointed out under paragraph 7 that "said 1.00 ft. setback shall extend from the property line". `l`he subject Land involved, namely the industrial l.ot, is the parcel. of Land upon which you have imposed this responsibility of maintaining 100 ft. setback. You have also imposed a responsibility as a condition of the subdivision approval that they maintain that 100 :feet Atty� Paul Hndstrom No. Andover Planning Board Page 2 from the E,property :l_Lne"® This would soom to bo a defensible position because essentially setbacks are to protect the adjoining property. If it was your intention to maintain the 1,00 F-'t- ft-OM the rear property line of the lot on which buildings were to be placed it is not clear from your decision. The Building Inspector has concluded the land in question is not adjacent to residential property and the the Zoning Law setback is not applicable to these circumstances. That action should you take? In my judgment none. Very truly yours' Toman C=80-1. AW/dre ATTORNEY-AT-LAW 130 mARIAN DRIVE NORTH ANDOVER. MASSACHUSETTS OtS45 TEL. (617) 683-1493 December 7 , 1984 f= UA CERTIFIED MAIL RETURN RECEIPT REQJESTED Charles Nigrelli Advance Reproductions Corporation 100 Flagship Drive North Andover , MA 01845 Dear Mr . Nigrelli : At the Planning Board meeting Monday evening, December 3 , 1984 , at which you were in attendances the following facts were reviewed and/or discussed: (1) Form C Application for Approval of Definitive Plan dated August 18 , 1980 was submitted by Robert P. Regan re : Willow Industrial Park Extension; (2) The Definitive Subdivision Plan is entitled WILLOWS INDUSTRIAL PARK EXTENSION By: Robert P. Regan dated June 13 , 1980 and Revised October 6r 1980 ; (3) The North Andover Planning Board voted to approve said plan, subject to conditions numbered 17-12 - Inclus'lve on or about October ZZ , 1980 ; (4) Such conditions are incorporated in item No. I above and were recorded in Book 1591,, Page 30 with the North District Essex County Registry of Deeds (copy is enclosed) ; (5) Condition No. 7 provides: That, as required by our Zoning By-Law, Table 2 Summary of Dimensional Requirements, Footnote 3 : Adjacent to residential districts, the required side or rear set back shall be 100 feet. The first 50 feet shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. Said 100 foot setback shall extend from the property line ; Charles Nigrelli - 2 -- December 7 , 1904 (6) You and/or Advance Reproductions Corporation (ARC) obtained a building permit on or about November 7 , 1984 for the construction of an "addition" to the existing structure; and (7) The preliminary construction of the addition as it presently exists is in violation of condition No. 7 . This violation by you and/or ARC is causing Robert P. and Monique Goodrich, abutters to such property, irreparable harm and severely deprieves them of their property rights. You are hereby advised to cease and desist any further construction of the addition until this matter .has been resolved. Your failure to heed this advice can only result in the acquisition of a court injunction to restrain any further deprivation of property rights of my clients. Such action can only result in costly litigation to all parties. I strongly urge you to 'request your attorney to telephone me at 366-9011, ext . 3179 as soon as practicable in order that this matter can be resolved as expeditiously as possible . Very truly yours, Enclosure pc : Mr . & Mrs . Robert P. Goodrich Paul Redstrom, Esq. , Chairman, Planning Board Frank Serio, Chairman, Zoning Board of Appeals Charles Foster , Building Inspector Ralph Joyce , Town Counsel John Graham, Chairman, Boar;I/ Qf Selectmen Karen Nelson, Town Planner FITZGIBBONS, SLIPP & HOMSEY ATTORNEYS AT LAW 316 ESSEX STREET LAWRENCE, MASSACHUSETTS 01540 TELEPHONE JOSEPH FITZGIBBONS (617)681.0666 PETER T.5LIPP KENNETH M.HOMSEY i December 11, 1984 Nicholas J. De Nitta, J.D. Attorney at Law 1.30 Marian Drive North Andover, MA 01.845 Re: Advance Reproductions Corporation Dear Mr. De Nitto: This is to advise you that this office represents the above-- captioned Advance Reproductions Corporation with respect to the matter of your letter of December 7, 1984 . Please be advised that the subject matter of your letter was the subject of a court action in which you yourself was a named party Plaintiff. The court, as you know, ruled in the favor of Advance Reproductions Corporation. I see no need to pursue this matter again. If your client should persist in harassing my client, I will have no choice but to proceed for damages against your client. Very truly yours, FITZGIBBONS, $LIPP & HOMSEY Joseph Fitzgibbons JF:eml i cc; ✓°Paul Hedstrom, Esq. , Chairman, Planning Board F Frank Serio, Chairman, Zoning Board of Appeals Charles Foster, Building Inspector Ralph Joyce, Esq. , Town Counsel John Graham, Chairman, Board of Selectmen Karen Nelson, Town Planner Advance Reproductions Corporation OFFICE OF TOWN COUNSEL ELLIS BUILDING .,.. 95 MAIN STREET TOWN OF NORTH ANDOVER, MASSACHUSEITS 01845 FORTH 0 2:yaj(` a O� {617) 685.4555 RALPH R. JOYCE k TOWN COUNSEL {�`Oa .o gyro-{( 19 85 �'RSSaHus� January 7 r Town of North Andover Planning Board KAREN NELSONS TOWN PLANNER 120 Main Street North Andover MA o1845 f RE: FLAGSHIP DRIVE ' Dear Karen; t office erence This letter shah. evidence our Board' snauthorityctofmodify wherein you questioned the PlanningThe procedures for the the above-cited subdivision. Massachusetts olled b modification of a subdivision are nc8lWrwhich grants aheloard General Laws Chapter n1r approval of p an of power to "modify, amend or rescind its pursuant to subdivision" provided that such theactysubmissionon is nad approval "all the provisions relating acres notice to all of a plan of a subdivision" . The latterdregor a preliminary or of the abuttors as you would ordinarily difinitive subdivision. the Despite the jurisdiction you have under the statutes, said section further provides that "no modification, amendment s roval of a plan of subdivision or ion or rescission of the app changes in such plan shall effect the lops �ooducfaithdandsfor which have been sold osubsequentedto the approval of the valuable consideration, jurisdiction to make plan" . Accordingly, while the o°faryours proceeding in this amendments, the practicality r direction will not effect the relief that the abuttors are seeking . E. � input given me by the Town Planner, I advise that From the inp Board take no further actions until such time a� the Planning provisions of Section 81W• you are in compliance with the p y Board' s efforts to address the }' sympathize with the Planning and will advise on any rr concerns of the abuttors in thichooseeto pursue. further remedies the Boar may I' Ve t r r... .. c .oy Town Coun TOWN OF NORTH ANDOVER. MASSACHUSETTS 0+ HO°TM 4y �y 4, JF SSACNl15�'{ January . 14, 1985 Attorney Ralph Joyc© Town Counsel. Main Street North Andover, MA Re: Willows Tecl Park Dear Ralph: The Planning Board has requested at their January 7, 1985 meeting that you - review the Willow TE2h Park Subdivision regarding which lots have either been mortgaged or conveyed to other parties. If there is any information I can supply you with, just give me a call. if you can get back to us for our January 21st meeting, it would be greatly appreciated. Thank you. Sincerely, Karen H.P. Nelson Town Planner r IKN OFFICE OF TOWN COUNSEL ELLIS BUILDING 95 MAIN STREET TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 HORTN q j 32 yt ° OL O RALPH R. JOYCE #617j 685 A555 TOWN COUNSEL r Op , t RAT[O PP`��y �QssacKuse January 21, 1985 Planning Board KAREN NELSON 120 Main Street North Andover, MA 01845.....�..,_��._ ... .__-.__ ...�.._n ._ ..__�__. .. ... _ ARK SUBDIVISION-)-- ) RE: FLAGSHIP DRIVE � WILLOW TECH,.. PARK. _w__.. �.. --._.._._... ._ Dear Karen: In order to determine which lots have been conveyed or mortgaged in the above cited subdivisions it necessitates a partial title examination in the Registry review my retainer agreement workyles�noutsrdetheletheescopefofcmy you will find that s employment but may be provided through the Special Legal Account• it is within the scope of my employment to advise you how you may garnish this information from the Registry records he Board may wish to petition the yourself or alternatively. t Selectmen for a transfer from the Special Legal Account. Kindly advise your position in this matter. Ver t " l your p Town Counsel 1 RRJ:mjj �I l i copyG&R-UAGIIER, FOX AND LA LPEHT ATTORNI. S AND COUNSELLORS AT La TimLeI; VILLACM, SQUARE C,H LMSFORD. MASSACUUSETTS 01624 (317 250-4107 September 24, 1985 i Domenic J . Scalise , Esquire Town Counsel Town of North Andover Ellis Building 95 Main Street North Andover, MA 01845 Re: Robert P. Regan, et als . vs. Planning Board , Town of North Andover Civil Action No . 85--437 Dear Mr . Scalise. Enclosed herewith is a Stipulation of Dismissal for your execution in regard to the above referenced matter . As per your discussion with Alan Lampert , please return the same to me and I will promptly file it with the court . With best regards, I remain, Very truly yours , CARRAGHER, FOX and LAMPERT JUHN K . BRI`I`T JKB/tar r Enclosure 1869D �I COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. TRIAL COURT I SUPERIOR COURT DEPARTMENT DOCKET NO. 85--437 I ROBERT P. REGAIN, JOHN GRASSO ) and VINCENT GRASSO, ) Plaintiffs ) ' 1 VS . ) } STIPULATION OF DISMISSAL PAUL A HEDSTROM, MICHAEL P. } ROBERTS , ERICH V. NITZSCHE, JOHN ) A. JAMES, JR. , AS THEY COMPRISE } THE MEMBERS OF THE PLANNING BOARD ) OF THE TOWN OF NORTH ANDOVER, ) Defendants } i i It is hereby stipulated by all parties to the above referenced matter that said complaint be dismissed, with prejudice, and without costs or interest to either party . All I parties further waive all right 'of appeal. i I I Dated: September , 1985 DOMENIC J . SCALISE, ESQUIRE J'OHN K. BRITT, ESQUIRE Town Counsel !Attorney for Robert P . Regan, Town of North Andover ..1John Grasso and Vincent Attorney for Defendants Grasso, Plaintiffs 95 Main Street CARRACHER, YOX AND LAMPERT North Andover, MA 01845 3 Village Square ( 617 )685-4555 Chelmsford, MA 01824 ( 617 ) 256-4167 CARRAGHER,FOX 1868D ANv LAlvtf'ER f A VTaWNF,vs,Mars C,CE 1N5F.:.I.0r,' A' I.!,W 1 1 Fih'1=E l'1lLFt{,F 5{}E 3f,F7� I:I tEi'LP,A';f nRb,Atf,^,•_, I I I i