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HomeMy WebLinkAbout2003-02-10 Legal Documents DEF SUB FORM M CONVEYANCE OF EASEMENTS AND UTII.EMS Big Kahuna Properties,LLC and Kenneth W.Rea,(Name of owner)of North Andover,Essex County, Massachusetts(address)for the consideration of Ten Dollars,hereby grant,transfer and deliver unto the Town of North Andover,a municipal corporation in Essex County,the following: A. The perpetual rights and easements to construct, inspect,repair, remove,replace,operate and forever maintain(1)a sanitary sewer or sewers with any manholes,pipes, conduits, and other appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and (3),a covered surface and ground water drain or drains with any manholes,pipes,conduits and their appurtenances,and to do all other acts incidental to the foregoing,including the right to pass along and over the land for the aforesaid purposes, in, through, and under the whole of Peachtree Land and Lavender Circle, shown on a plan entitled "Definitive Subdivision and Special Permit.Plan Peachtree Farm in North Andover, Massachusetts" dated October 24, 2002, last revised May 16, 2003 (the "Plans"), the Plans areas made and the Plans are incorporated herein for a complete and details description of said roads. B. The perpetual rights and easements to construct, inspect,repair, remove, replace, operate and forever maintain covered surface and ground water drain or drains with any manholes,pipes, conduits and their appurtenances for the management of storm water runoff along with water mains, if any, in the area designated on sheets 3, 42 5 and 6 of the Plans as "Proposed Drainage & Utility Easement" and being more particularly located on Open Space A (79,649 S.F.),Open Space B (27,949), Open Space C(263,070 S.F.),Lot A(20,636 S.F.),Lot B (58,408 S.F.),Lot 1 (33,116 S.F.),Lot 2 (41,513 S.F.)Lot 3 (1,984 S.F.),Lot 6 (12875 S.F.), Lot 7(1,875 S.F.),Lot 11 (21,317 S.F.),Lot 12(4,994 S.F.),Lot 15 (1,158 S.F.)Lot 16(21,256 S.F.)Lot 21 (501 S.F.),Lot 22(399 S.F.and 506 S.F.),Lot 23 (407 S.F.),Lot 26(1,434 S.F.) and.Lot 27(11,756 S.F.). C. The perpetual rights and easements to construct, inspect,repair, remove,replace,operate and forever maintain two (2) ground water detention ponds within the area designated as "Proposed Drainage & Utility Easement"on Open Space A (79,649 S.F.), Open Space C (26,070 S.F.),Lot A(20,636 S.F.),and Lot 1 (3,116 S.F.),and being more particularly shown on sheets 8 and 9 of the Plans within the area designated as"Detention Pond". D. The perpetual rights and easements to construct, inspect,repair,remove, replace and forever maintain a retaining wall within the area designated as"Prop. 101 Wide Ret.Easement"on the westerly side of Open Space A(2,453 S.F.). The grantor warrants that the aforesaid easements are free and clear of all liens.or encumbrances, that he (it) has good title to transfer the same, and that he will defend the same against claims of all persons. For Kenneth W. Rea's title see deed recorded with Essex North District Registry of Deeds at Book 4711, Page 118. For Big Kahuna Properties, LLC's title see deed from Kenneth W. Rea dated May 20031,and recorded in Essex North District Registry of Deeds,herewith. This is not a homestead property. To be completed if a mortgage exists: And NIA the present holder of a mortgage on the above described land, which mortgage is dated , 20 , and recorded in said Deeds, Book JK0259885.11 r Page for consideration paid,hereby releases unto the Town forever from the operation of said mortgages,the rights and easements herein above granted and assents thereto. 1N WITNESS WHEREOF we have hereto set our hands and seal this ___day of May,2003. Big Kahuna Properties,LLC NIA By: Authorized signature of Mortgage Kenneth W.Rea,Manager-Owner pc -A A Kenneth w. Rea-Owner COMMONWEALTH OF MASSAC SETTS Essex $S May ,2003 Then personally appeared the above named Kenneth W.Rea and acknowledge the foregoing to be his free act and deed,individually and as Manager of Big Kahuna Properties,LLC,before me. Notary Public My Commission Expires: NOTE:This conveyance is not effective until accepted by Town Meeting. JK0259885.1 t RE.CEIVED FORM Al AN 5 '2003 CONVEYANCE OF EASEMENTS AND UTILITIES ���..��:�"rH �. ANDOVtH ENT Big Kanuna Propertaesy LLC and Kenneth W. ea, (Name of owner)of North Andover,Essex County, Massachusetts(address)for the consideration.of Ten Dollars.hereby grant,transfer and deliver unto the ' Town of North Andover,a municipal corporation in Essex Counter,thefollo���ng: A. The perpetual rights and easements to construct, inspect,repair, remove, replace, operate an , � 1 pipes,, conduits, and other forever maintain(1) a sanitary seyv�er or sewers with any manholes,p p P appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and Pp 3 a covered surface and ground Niva ter drain or drains�jrith any manholes,pipes, conduits and incidental to the foregoing,including the right to =- their appurtenances, and to do all other acts incide tal L pass aloe and over the land for. the aforesaid purposes, in,-through, and under the whole of Peachtree Land and Lavender Circle, shown on a plan entitled "Definitive Subdivision and Special Permit Plan Peachtree Farju in. North .Andover, Massachusetts" dated October 24, 2002, last revised May 16, 2003) (the "Plans"), the Plans areas wade and the Plans are _. incorporated herein for a connplete and details description of said roads. , B. The perpetual rights and ease.cents to construct, inspect, repair, remove, replace, operate and forever maintain covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances for the management of storm water runoff along with water mains, if any, in the area designated on sheets 3, 4, 5 and 6 of the Plans as "Proposed Drainage & Utility Easement" and being more particularly located on Open Space A 79,649 S.F.), Open Space 13 (27,949). Open Space C (26,070 S.F.),Lot A(20,636 S.F.), Lot ( 5 3 F. Lot 3 1,984 S.F. Lot 6 (1,875 S.F.), B (58,408 S.F.), Lot 1 (3,.116 S.F.}. Lot.2 (�•,.�1_ S. � ( �� Lot 7 (1,875 S.F.).Lot 11 (2,317 S.F.),Lot 12 (4,,994 S.F.),Lot 15 (1,158 S.F.)Lot 16 (2,256 S.F.)Lot 21 (501 S.F.),Lot 22 (399 S.F. and 506 S.F.),Lot 23 (407 S.F.),Lot.26 (1,434 S.F.) and Lot 27 (1,756 S.F.). C. The perpetual rights acid easements to construct, inspect, repair, remove, replace, operate and forever maintain two (2) ground water detention ponds within the area designated as "Proposed Drainage & Utility Easement" on Open Space A (79,649 S.F.), Open Space C (26,070 S.F.),Lot A(20,636 S.F.), and Lot 1 (3,116 S.F.), and being more particularly shown on sheets 8 and 9 of the Plans it.,ithin the area designated as"Detention Pond". D. The perpetual rights and easements to construct, inspect, repair, remove, replace and forever maintain a retaining vi,all within the area designated as"Prop. 10'wide Ret. Easement"on the westerly side of Olen Space A(2,453 S.F.). The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it) has good title to transfer the same, and that lie will defend the same against claims of all persons. For Kenneth W. Rea's title see deed recorded Nvith Essex North District Registry of Deeds at Book 4711, Page 118. For Big Kahuna Properties, LLC's title see deed from Kenneth W. Rea dated May 2003,and recorded in Essex North District Registry of Deeds,herewith. This is not a homestead propertAl. To be completed if a mortgage exists: And NIA the present holder of a mortgage on the above described land, which mortgage is dated _ . 2o , and recorded in said Deeds, Book r•� t`a rVSte° 4 T:i°',y 5•'j.^i�,41 I ZT I C! Page for consideration paid..hereby releases unto the Town forever from the operation of said mortgages,the rights and easements herein above granted and assents thereto. t r h� hereto se our Bands and seal this r day of May, 2003. �N WITNESS�FI����`��e a�e t t s a tI � y? Big Kahuna Properties,LLC Authorized signature of Mortgage Kenneth W.Rea,Manager-Owner Kenneth W. Rea-Owner COMMONWEALTH OF MASSACHUSETTS Essex, SS May &, 2003 Then personally appeared the above nai ned Kenneth W. Rea and acknowledge the foregoing to be his free act and deed,individually and as A/Imiager of Bib Kahuna Properties,LLC,before me. r'rr• h Notary Public My Commission 17-Apires: NOTE: `11-ds conveyance is not effective until accepted by Town Meeting. €K0259885.1 1 ESSEX NORTH REGIS.TRY OF DEEDS-, w LAW R E N C E, MA S S. A TRUE COPY: KCTEST: lea, Pa--GISTEROF'DEED _qq} '2 Bk 14882 Pg107 #29162 12-24-2014 @ 08:D3a F f I /►rr wnMra�.wl w.Fs+aaw.I.w+w.�rrw��rw rwr�_rwrw�l.•a.sw�Mr�rr.w..tlw.lrw.rw ar i ng InfonnationArea]- - __...____.____...__..._____-_____...----------- DEED REAGUNt LIB ,a Massachusetts Limited Liability Company,of North Andover,Essex Counter, Massachusetts,for consideration paid of ONE HUNDREiD THOUSAND($1001009AO)DOLLARS$ K X rants to ►3ANDRA HAFXZ,INC.,a Massachusetts corporation ti 1. 44 yj ' aprincipal lace of business at 6413lue edge Road,North.Andover,Massachusetts,01845 ltl with QuvrCLAimCOVENANTS R s� The land in Forth.Andover,Essex County,Massachusetts,described as follows. ;8 Lo -1 on a la n entitled "Plan. of band Located. in North Andover, MA., _..� Prepared for Kenneth W. Rea" dated March 25 2012, prepared.b� ` Christiansen& Sergi, Inc. fled with the Essex North registry as Plan No. 16677 (the "Lot 3 ' PIWI)containing 12,523 sf of land,more or less,according to the Lot 3 Plan. Th6 property address"s- 25 Peach Tree Lane,Forth.Andover,MA., This conveyance is subject to and with the benefit of the following: The ri ht of Grantor which grantor e� ressly reserves from the conveyance hereunder, 1. , p to dedicate or convey to the Town of Forth Andover as a public way at such time as the Town.is llm" g to accept such dedication or conveyance,the gays shown as Peachtree Lane and Lavender Circle on the Flans,including the right to convey to the Town the fcc interest of the land in said moray; .J '3 1,MS SACHUSETTS STATE EXCISE TAB Essex North Registry Date: 12-2 4-2014 08:43am w`N r r o� #29162 ya 14082 w• r.. - k• %�S w- Yw !yryv i u�-7 w^ i ^v t r lM n 2, Planned s idnfl De velopment Special Permit t iss ued by �st f February recorded with the Essex or�h �Str1�tRgr Deeds at Book 7827. page 97 - F . . Subdivision Conditional A wra--val issued by the North An over 3. `each Tree Farm D efi native� i a dated February 10,2003 and recorded with the Essex North 131s�1ct Planning Board,d � Re 'stry of Deeds at Book 7827,page 102, 4. , , Conservation ConmissiOn recorded th Order of Conditions issued by the North Andover �. - Essex North Distfi 'ct ReQJSt of Deeds at Book 727 Page 1 a9; a rnents and Utilities from Big Kahuna properties,LLC to the �. Form�Conveyance of base chafed May 20, 2003 and recorded with the Essex Forth Di.s. Town of worthnda�ez, ct R.e"sue of Deeds at Back 7827.Page 145, ` 7, Easement from Big K;ahun d Pro des LLC to Massachusetts Electric Company,dated rded with Essex North District Registry of Deeds at Book September 9.200 and re�..o 3 3?,Page 2 51; 111� to e�one England Ise; dated October , 8� �- �nt from Bica Kahun.a Properties, re recorded° th E t .ssex Norf District Registrar of Deeds at Book 8352,page 15'. 2003 ana .9 peach Tree Farm Hrneo-Amers } Trust under declaration of Trust datedAugust 30, 2004 and rec-oided with e�� earth Re .s of Deeds at Book 9030,Wage 260# 1 _ N°1 .� ��dat�of Rah Tree Fes.in North �.nda�rer,Massachusetts, Reservations andi .3 � and recorded with the Essex forth Registry of Deeds at -zd hut , - Pager 2 x 6. Gr4at 0:1 F :zemmt fromRea uar.1�1 to�.e�e#h W.Rea,,dated December 12,201 and d ; se No .h District Registry of Deeds herewith-,and R-..: -� 'ctions reservations and other matters of record.that are in orce t S-jc oar gents,restr , appli: ble. k - t�PRD pecral Pert ass ued by, the Town of forth Andover P Ding Board,dated :.. of wig Peachtree F arm Subdivision acknowledges that the he Buyer a1 each 1 �. plans,which have been or will be conveyed to an appropriate Board,ard,far conservation, agricultural and/or the Pln� �or } n T with the right.. but not shall x�at impose any obligation al -� ��provide the g -e parcel(s)s in an articular state or condition, -�-_ �- ;,� thy..open.�pac P � � �'p , theTa m s acceptant-e o such }en pa parcels. -i- - oration four federal tax'purposes for the current taxable 7 � classified as a carp �3 2 F #29162 r Grantor stt� e see deed recorded Essex �o rth��str a ct -Reg istry s t of Deeds t Book13617. Pale ' . } Tdayof December 2014. uton hereof under seal asf tb e , Witness the���� enneth�. lea, anager C::::•;'vrvrr; MASSACHUSETTS vg t County of Essex,ss " the undersigned notary u'bie; n this&dayof December, 2014, before men y p � �"� personally ::: appeared Kenneth W. Rea. pr red to me through satisfactory eAdenee of ident��eafion, whit d were ❑ driver s license, personally know. to me or ❑ personals �� t� a 3� party error a kn� n to men to be the person whose name �s sign �n �e pr�eed�ng or attached . ....... � � ore as said n it Vol ar ar� s stated document, and acknowledged to me that he ��g ed pip Manager, as a ManacFer of Reagun,LLC, 4�-4/11 1 s�frlt;M f. ► •:�� N R Y PUIC 44 Commission Expires: "y :+ SEAL C 46r in 40 air •,T,, ' 'pp as m v�wy rY mow" %uM. PAUL 1AMWCCI_11 O r REGISTER 's E S SEA NORTH REGI STRY OF DEEDS E—RECORDED +.w is _?r t MASSACHUSETTS STATE EXCISE TAX Essex North Res 1str�; Date: 08-05-2016 & 41:54-pm ctiV: 145 Doc 19701' Fee: $3t734-,64 Cans_ $8191rO00.00 QUITCLAIM DEED Sandra Hafiz, Inc. a Massachusetts corporation, with a principle place of business at 64 Blue Midge Road,North Andover,Essex County, Massachusetts in full consideration of Eight hundred Nineteen Thousand Dollars($819,000.00) grants to Samuel.-D. Manoranj an and Christy L. Manvranj any., as husband and wife, tenants by the entirety,of 25 Peach Tree Lane,North Andover,Massachusetts 01845 with gUttdatm robena t.4 0 "o Lot 3-1 on a plan entitled Plan of Land Located 'n North Andover, MA, Prepared. for Kenneth W. Rea" dated March 25 2012 prepared by Christiansen&Sergi, Inc.,filed with z the Essex North Registry as Plan No. 16677(the"Lot 3 Plan")containing 12,523 sf of land, more or less, according to the Lot 3 Plan. The property address of Parcel ll1 is; 25 Peach Tree Lane,North Andover,MA. This conveyance is subject to and with the benefit of the following: a� 1. The right of Grantor, which Grantor expressly reserves from the conveyance hereunder,to dedicate or convey to the Town of North Andover as a public way at such time as the Town is willing to accept such dedication or conveyance,the gays . shown as Peachtree Lane and Lavender Circle on the Plans,including the right to convey to the Town the fee interest of the land-in said way; 2, Planned Residential Development Special Pit issued by the forth Andover Planning Board,dated February 10,2003 and recorded with the Essex North District Registry of Deeds at Book 7827,Page 97; . 3. Peach Tree Parn Definitive Subdivision Conditional Approval issued by the North Andover Planning Board, dated February 10,2003 and recorded with the Essex.North District Registry of Deeds at Book 7827,Page 102; 4, Order of Conditions issued by the North Andover Conservation Commission recorded with Essex North District Registry of Deeds at Book 7827,Page 109; Page 1 of 3 5. Form.M Conveyance of Easements and Utilities'from. Big Kahuna Properties,LLC to the Town of North Andover, dated May 20, 2003 and recorded with the Essex North District Registry of Deeds at Book 7827,Page 145; 6. Easement from. Big Kahuna Properties, LLC to Massachusetts Electric Company, dated September 9, 2003 and recorded with Essex North District Registry of Deeds at Book 8332,Page 251; 7. Easement from Big Kahuna Properties, LLC to verizen New England Inc., dated October 9,2003 and recorded with Essex North District Registry of Deeds at Book 8352,Page 15; 8. peach Tree Farr. Homeowners' Trust under declaration of Trust dated August 30, 2004 and recorded with the Essex North Registry of Deeds at Boob 9030,Page 260; 9. Master Declaration of Peach Tree Farm in forth Andover, Massachusetts, Reservations and Restrictions, dated August 30, 2004 and recorded with the Essex North Registry of Deeds at Book 9030,Page 276; 10. Grant of Easement from Reagan,LLC to Kenneth W.Rea.,dated December 23,2014 and recorded with Essex North District Registry of Deeds Book 14082, Page 105; and. . 11. 12, Such other easements, restrictions, reservations and other matters of record that are in force and applicable. As required by the PRD Special Permit issued by the Town of North Andover Planning Board, dated February 4, 2003, the Buyer of each lot within Peachtree Farm Subdivision acknowledges that the Open Space Parcel(s)shown on said plans,which have been or Will be conveyed to an appropriate group or entity, as.determined by the Planning Board, for conservation,agricultural and/or recreational purposes,shall provide the Town with the right, but not shall not impose any obligation on the Town,to maintain the Open Space parcel(s)in any particular state or condition,notwithstanding the Town's acceptance of such open Space parcels. Wage 2 of 3 For title,see Deed recorded at the Essex Forth Registry of Deeds at Boob 14082,Page 107. This conveyance is in the ordinary course of business and does not constitute a sale of all or substantially all of the assets of Sandra Haftz,Inc.in Massachusetts. 'witness the execution and the corporate seal of said corporation this dl- day-of lo 2O-Lb. S and ra Hafiz,Inc. By Sandra Hafiz President and Treasu COMMONWEALTH of MASS, CHUSETTS Essex,ss On this 2, day of u uo 20 16, before me, the undersigned notary public, personally appeared Sandra Hafiz, President & Treasurer, of Sandy Haftz,Inc.proved to one through satisfactory evidence of identification,which were ff Driver's License; 17 State ID; 0 Passport; 0 Other Government Issued ID; Cl Other,to be the person whose name is signed on the preceding or attached document, and acknowledged to nee that he/she/they acknowledged said instrument by him/her executed to be his/her free act and deed in his/her aforesaid capacity,and free act and deed of Sandra Rafu,Inc., before nee. Notary Public: ;. bra •���L f hb*' � N 'i'.�b�i� TI ! COMM � ONWEAtTH F WSS�CHU ' my Commission Expires February 5: 2a21 Pace 3 of 3 Town0t .North Andover Office of the Planning D,ep air end Community Development and Services Division ' , S C14U. 27 Charles Street Town Planner. h : www. ow.nofn rthadover-co P 78)68$..9535- Jul Fcqx4 w W�nWN TOO From: he 2 LIX--�14-1) Fax. " � r Pages: /0, t1 1 � �� e Phone: Date�. Rey �.. cc* „ �1 Urgent El For Revigw _ 0 Please Comment 0 Please Reel , Please Recycle, : cam,. s � 0 41 el ,10 ... -.0110 10 00 �o i��� a �� � ��µ��� ��� v � ^ � o ., a r THE DOCUMENTS INCLUDED LURED IN THIS TRANSMISSION ARE INTENDED FOR THE RECIPIENT" T WHOM IT IS ADDRECSED. IT MAY BE PIRA IGE AND CONFIDENTIAL OR PROTECTED AS AN 77ORNEY ICLIENT" COMM,U'ICATI I'' . IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE NOTIFY 978 688-9636 SAND DESTROY THE DOCUMENTS YOU RECEIVED IN ERROR, ECKERT SEAMANS CHERIN & MELLOTT, LLC One International Place May 21,2004 IBth Floor Boston,MA 02110 VIA.HAND DELIVERY Telephone;617.342.6800 .Facsimile:6I 7.342.6899 wmm.escin.com Adele J.Johnson,Administrative Secretary Town of North Andover Office of the Town Manager Boston 120 Main Street North Andover,MA 01845 Haddonfield,NJ Re: Easement on 127 and 137 Kara Drive, Harrisburg North Andover,Mass. Morgantown,WV Dear Ms.Johnson: Philadelphia This office represents Peachtree Development,LLC in connection with obtaining Pittsburgh easements(the"Easements")from Peter K.Bennett and Kathleen Bennett,owners of 127 Kara Drive, and Marc L.Mosier and Ellen S.Mosier,owners of 137 Kara Washington,D.C. Drive, for the installation of a water main to service the Peachtree Development subdivision which was approved by the Planning Board on February 10,2003. In connection with the Easements,in addition to Big Kahunaa,Properties,LLC(the current owner of the fee interest in the subdivision),the Town.of North Andover is also entitled to the benefit of the Easements. Enclosed are the following documents; 1. Easement from Peter K.Bennett and Kathleen D.Bennett to Big Kahuna Properties,LLC and the Town of North Andover; 2. Easement from Marc L.Mosier and Ellen S.Mosier to Big Kahuna Properties,LLC and the Town of North Andover; 3. Easement Plan of Land prepared by Marchionda and Associates,LP depicting the easement on the Bennett parcel; 4. Easement Plan of Land prepared by Marchionda and Associates,LP depicting the easement area on the Mosier property. Pursuant to our agreement with the Bennetts and the Mosiers the Easements are not to be recorded until such time as they have been approved by the Town through the Board of Selectmen. Upon the Board's approval we will promptly record the Easements and the plans and provide the Department of Public Works with copies ECKERT SEAMANS [K0281600.1) Hobert W.Levy. ATTORNEYS AT LAW 617-34.E-6832 rwNl@esem.com Adele Johnson May 21,2004 Page 2 of the documents as recorded. Full size plans will be available at next creeks Board of Selectmen meeting. If you have any questions or wish to discuss this matter,please do not hesitate to contact me. Thank you for your courtesy and cooperation in this matter. Very truly yours, Z, Robe .Levy R WLledt Enclosures cc: Peachtree Development,LLC ECKERT SEAMANS ATTORNEYS AT LAW (K0281600.1) EASEMENT .r•�.rrrrwni nnnrrrri.ni.uniwr ... Peter K. Bennett and Kathleen D.Bennett("Grantor")of 127 Kara Drive,North Andover MA for consideration of Ten ($10-00)Dollars,paid,hereby grant to Big Kahuna Properties,LLC, a Massachusetts limited liability company of North Andover, A A �(6 GBig ahuna'17) and the Town of Forth Andover, a municipal corporation in Essex County, MA(the "Town") (Big Kahuna and the Town collectively"Grantee") with Quitclaim Covenants The perpetual right and easement to construct,inspect,repair,renew,remove,replace, operate and forever maintain a water main, including pipes,water lines, conduits, and other appurtenances for the conveyance of water in,over,under and through a certain parcel of land in North Andover, Massachusetts, being shown as"Proposed Access & Utility Easement Lot 13A '7,834 SF."on a plan entitled"Easement Plan,of Land Lot 13 A& 14—Kara Drive in North Andover, Mass. Prepared for Peachtree Development, LLC", dated December 10, 2003 by Marchionda&Associates,L.P., filed with the Essex.North Registry of Deeds as Plan No. (the"Plan") and to do all other acts incidental to the foregoing, including the right to pass along and over the land of Grantor for the aforesaid purposes. The easement granted herein shall inure to the benefit of, and be appurtenant to, a certain parcel of land.(and each of the individual lots contained therein) owned by Grantee and being shown on a plan entitled "Definitive Subdivision and Special Permit Plan Peachtree Farm in North Andover, Massachusetts" dated October 24, 2002, last revised May 16, 2003, prepared by Marchionda & Associates, L.P., filed with the Essex North District Registry of Deeds as Plan No. 14502 (the `Subdivision Plan") and being further described in a deed from Kenneth W. Rea to Grantee, dated May 22, 2003 and recorded with the Essex North Registry of Deeds in Book 7827,Page 139 (the"Benefited Parcel") Any area disturbed in connection with the installation of such utilities shall be restored by the party causing the disturbance to substantially the same condition it was in prior to the installation of such utilities. Upon the acceptance by the Town of Peachtree Lane and Lavender Circle, shown on the Subdivision Plan, the rights of Big Kahuna to enter upon the property of Grantor shall terminate, but shall remain otherwise in full force and effect as to the rights of the Benefited Parcel and the Town. For Grantor's title see Deed recorded with said Essex North Registry of Deeds at Book 4503, Page 215. y Witness our hands and seal this i day o�.� f A rl,2004. pi Signatures on next page. (K0262376.4) f Meter K.-Bennett. athleen D. Bennett COMMONWEALTH of MASSACHUSETTS County of Essex, ss On this day of April, 2004, before me, the undersigned notary public, personally appeared Peter K. Bennett and Kathleen D. Bennett, proved to me through satisfactory evidence of identification, which is that they are known to me for a period of time to establish beyond doubt that they have the identity claimed, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose, III l l�l-t�,l ,I ����� P'�,M15SIDN E';�I���r♦i NOTARY PtTBLI My Commission Expires •R -r SEAL 0,.`�. .S (K0262376.4) 2 EASEMENT Marc L. Mosier and Ellen S. Mosier ("Grantor")of 137 Kara Drive,North Andover, MA for consideration.of Ten ($10.00)Dollars,hereby grant to Big Kahuna Properties, LLC, a Massachusetts limited liability company of North Andover, MA ("Big Kahunna" and the Town of North Andover, a municipal corporation in Essex County,MA(the"Town") (Big Kahuna and the Town collectively"Grantee") with Quitclaim Covenants The perpetual right and easement to construct, inspect, repair, renew, remove, replace, operate and forever maintain a water main, including manholes, pipes, water lines, conduits, and other appurtenances for the conveyance of water in, over, under and through a certain parcel of land in North Andover, Massachusetts, being shown as "Prop. Access & Utility Easement." on a plan entitled "Easement Plan of Land Lot 14 — Tura Drive in North Andover, Mass. Prepared for Peachtree Development, L.L.C.", dated May 21, 2004, by Marchionda & Associates, L.P., filed with the Essex North Registry of Deeds as Plan No. (the "Plan") and to do all other acts incidental to the foregoing, including the right to pass along and over the land of Grantor for the aforesaid purposes. The easement granted herein shall inure to the benefit of, and be appurtenant to, a certain parcel of land(anal each of the individual lots contained therein)owned by Grantee and being shown on a plan entitled "Definitive Subdivision and Special Permit Plan Peachtree Farm in North Andover, Massachusetts" dated October 24, 2002, last revised May 16, 2003, prepared by Marchionda & Associates, L.P., filed with the Essex North District Registry of Deeds as Plan No. 14502 (the "Subdivision Plan') and being further described in a deed from Kenneth W. Rea to Grantee, dated May 22, 2003 and recorded with the Essex North Registry of Deeds in Book 7827, Page 139 (the"Benefited Parcel"). Any area disturbed in connection with the installation of such utilities shall be restored by the party causing the disturbance to substantially the same condition it was in prior to the installation of such utilities. Upon the acceptance by the Town of Peachtree Lane and Lavender Circle, shown on the Subdivision Plan,the rights of Big Kahuna to enter upon the property of Grantor shall terminate, but shall remain otherwise in full force and effect as to the rights of the Benefited Parcel and the Town. For Grantor's title see Deed recorded with said Essex North Registry of Deeds at Book 4031, Page 336. Witness our hands and seal this day of May, 2004. Signatures on next page. (K0272403.3) Ma,y--21---D4 10:48 MANN & MANN,P'C 97B 762 E434 P _05 MaY-- 16 w U4 13: 20 MAI'4,1N A MANN PC 978 762 5434 P-O7 r ht art , 1� Us er• . .. icr IP Oil t11iS _ d-LtY of May, 2004, hr.F�t•e r����, r1�t� t1'1dCrs1911e,d n0t4lf4 Ublic � ,On-illy appI -,arr.d M;A a*( I.- m os i er aria '2 l 11erl 9, 'fit osi er �r�owd to M � ,� � I i'd c. " ;�iGn�.�ticr�fia��, �►����i�•h is rt1�# CYfCy are � � f ' � +� t�trott�l� �1t)5#��tc,lor,� �vtt��.�at..c cif 1(IZt��[1 to 1110 fof a PLM'd Of%ir.lc to cstablizib lmyond doubt thuL tlizv have.the is ent ry claimed, to be the pens-m#S 11alrjos tiro si gnctj on the •e a r Ott � t��cl dnc:jt1jellt, and ac kno%vjcdg&1 to INIC chat L sigm'd i t V0t111:#ari lV A-W Ir-&Slated � �. 1.ll rpme, h� T.. i 6T ARY :vfY CO11 lission Expires, A JI r'0mmanwea1#r of'���� � r"Mit.fo J$n4'lry�28. Fjre 5 K07.724D3 3 E 05/21/04 RRI 12:35 [TX/RX NO 56371 Ma,y 22!1 04 10:48 MANN & MANN, Y PC !�'�'B 762 6�-34 P .o6 �.r�c� 1u.,sb 1tr�.�. 9Ly 4+�13 s0�U an - 0 Y LOAN ADMI N — - 1'Ir '13"t9age Corp. d/jj/. r� �il.iS'� hUd ItInri c7I'�,i�'fi��te Y N4�rtguge., t'e �'at'c L [ 11c.�I I)INt"ict Rc is t r �� ' �' wIl icy, rT10rt fl8,- 19 L111t�;d April I i� 'c � a��� t1��. a j•, �, 1 J,)vLz ~' nti,►r, l��.y•c.�h �•e f r.. '��� �c�c�k ,5;�t��� ���� �,;.�,[ . ,�� 1'.�;��;Y ��td Y I.111 tt', Ul a (j t',�.tjrC rt� �I t {t fc. S Mariam aiming by, [1'y+•Qt� ��. fi~�r ���r��icl�r���ir��� t nor e , ,s CF3 M���`tg,,,ge} t]� rid} t� fl �. CSC under r7r,.tsjtkje tr�t'4ve �i.�y �r j .tiul ft�' 1� 1�3 Lind c,�� , 111en w herein abl-WC r �'rorr� tl�e: sa1-t.;�l��� iti y�t�3r3�- I ° � `� '`' F=�c [�� i ��.�i. if?�s �,rt+ ���:�,1 }�� c� a,��;c��t.5 h�`:c:n L: Cl �4 � 4tr�c� r 4 t• f 0 this 1cii .[11 rtmile-c-t5. a,s fu![ C. ,�� 1.���t. t�� 'lL �t f 0"f - l�'r�T��r���,. ci S I M cat-tga,, 1,, !4` - , /JP f w� �.3y• � • ��:: x P 0I+s Q ti 6-t + .--**rt% #aoranti •• C f ■. knowJ od ed !h Jrrrpp .jj 7 d dm•t �IItl •• c '� ,lid c ecd i)r%rs 1 t3 Martgagc CL)r , d/� r��Ltur�L-nt tc.t ticJj]S f'c e 1/a Ivy m,ail p.C. F CHAAD J. BARTON 'V1 y corC111.11"#0t) Oxpirun, Notary t'uj)lic, Stite Of NeW yolk No. 02BA130731 Q7 QLr,�ilk.d Its Hsc;hmont! county Comnlission Expires April 1:5, 2ooiq 3 05/21/04 FRY 12:35 CTX/RX NO 5637) MOTES: 1. PROPERTY LINES AND EXISTING EASEMENTS DEPICTED ON THIS FLAN ARE TAKEN FROM THE FOLLOWING RECORD PLANS: --NORTHERN ESSEX REGISTRY OF DEEDS(N.E.R.D.)PLAN No. 9513 -N.E.R.D_PLAN No. 9399 -N.E.R.D.PLAN No. 9397 y' t z. PORTIONS OF PROPOSED EASEMENTS'A'&48'OVERLAP PROPOSED ACCESS& UTILITY EASEMENTS. PROPOSES?EASEMENTS'A'&'S'ARE SHOWN AS HATCHED Q AREAS ON THE PLAN. r PROPERTY LINES SHOWN HEREIN ARE NOT THE RESULT OF AN ACTUAL BOUNDARY a (L SURVEY PERFORMED BY MARCHIONDA&ASSOCIATES.L.P. � c a "I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN HEREON ARE THE ONES DIVIDING EXISTING OWNERSHIPS AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR C WAYS ALREADY ESTABLISHED AND THAT NO NEW LINES FOR DIVISION OF EXISTING,OWNERSHIP OR FOR NEW WAYS ARE SHOWN." ��► � V ft 1z5.D[l• i= ��s PROP.ACCESS a I FURTHER CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND Li UTULTY EASEMENT REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH ti LOT%4 OF MASSACHUSETTS.- � 366 S.F. z 0�!}1'1S3'D6" DL t.Ly� ;' .Pg.\ a Ls2.84' 1p\ STI:PHEN M.MELESCILIC.R.L.S. DATE z FIE I % LOT 14 LOT LINE PROP.FJISEMENTW ♦ 36,104 SF. ����6 19x4s.rr 9�*�%a r°l 0..S ACRES IL E�Sx k a�♦�f ,` �. MAP 98A PARCEL 80 a .0 BK 4031 PAGE 336 LOT 13A `�- \Ada �". �.\ LOT 14 PLAN 9399 N 109405 SF. ram.�� .' �o �� a'' a 1.5 ACRES ,�� r �, •��� J PETER KSENN'ETT \LEIiN D. �� ¢ � �. ' MAP 98A PARCEL 81 � \B� � SK 4503 PACE 215 ` � '�. � d W � LOT 14 PLAN 9399 8' fir. Q Q 2 D 16 d N f F MARC S. & r t% 1 s oz�S.F L_ C ��` `1 ~AURA W. FREEp1utAN z � � U Q 85.3g. 58S'4 +y g'�;1 is.f r nor Marchionda S85'4Z-E sD.IS' ?`2a.s8 � & Assacia#.�s L.P. N/BM k[KAUNA LOT LW£ S 34.E ' - PRCPER'TIM,LLC � O�, ��4, Q'E ��, Engineering and c 40' Planning ConsulLants fit MONTVALE AVE..SMITE I STONEHAM.MA 02180 (781)438-6121 FAX--(781)438-9654 o' 30' ao' DATE:DECEMBER 10. 2003 x -- SCALE: 1" — 20' ACCESS a LT!'ILrTY 1585-01'ICARAESh1T-RENT z-^$-43.DWG FLAN N4R.D.9613 M. & A. No.685—Q 1 SHEET 1 OF ] NOTES: 1. PROPERTY LINES AND EXISTING EASEMENTS DEPICTED ON THIS PLAN ARE TAKEN FROM THE FOLLOWING RECORD PLANS: -NORTHERN ESSEX REGISTRY OF DEEDS(N.E.R.O.)PLAN No.9613 a- -N.E.R.D.PLAN No. 9399 -' t�t35'S5'45+r 121.5o, -N.E.R.D.PLAN No.9397 -- -PLAN BY MARCHIONDA do ASSOCIATES.LP ENTITLED"EASEMENT sy PLAN OF LAND LOTS 13A do 14-KARA DRIVE IN NORTH ANDOVER.MASS." D nSAID PLAN WAS DATED 12/10/03. >. ,� �' tr► ►, r 2. PROPERTY LINES SHOWN HEREIN ARE NOT THE RESULT OF AN ACTUAL cc BOUNDARY SURVEY PERFORMED BY MARL IONDA&ASSOCIATES.L.P. ����'R .vim. ❑ r k"� ,� `• a W -, D Po p63 11•.'6,� +Ae LOT 26 PLAN 9399 w 35,104 SF. � c �- N 0.8 ACRES MARC L.MOSIER MAP 98A PARCEL 80 SK 4031 PAGE.336 _101 r LOT 14 PLAN 9399 t G 'rr o?S a ti r f❑,o , 9R ~ LOT 13a N/F PETER K.do KATHLEEN D.SENNETT o��ti �`ts�. ` m MAP PARCEL 81 , LU j CID a BK 450503 PACE 215 � LOT 14 PLAN 9399 , x © ¢ VD a Z � 16 v in QC © mCL - �� QZ ¢ CLn w di In 0 z LOT 12 N/F MARC:S.& LAUF2A W.FREEDMAN IL N/F BIG KAHUNA PROPERTIES.LLC �, ! Marchlonda "I HERESY CERTIFY THAT THE PROPERTY LINES SHOWN HEREON ARE & Associates, L.P. - 585'42 4p 7HE ONES DIVIDING EXISTING OWNERSHIPS AND THE LINES OF STREETS 34.Oty 66,00' AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR 5_42,401 WAYS ALREADY ESTABLISHED AND THAT NO NEW LINES FOR DIVISION Engineering and OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN." Planning Consultants EXJSTfNG ACCESS UTILITY EASEMENT 62 MONTVALE AVE.,SUITE I "I FURTHER CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND STdNENAi+�,MA Q21813 REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSI=TTS." (781)438-6121 FAX:(781)438-9654 a' CIF 4O' ... DATE: MAY 21.2004 SCALE: 1" = 20' `685-01/LOTI 4-KARA-ESMNTS-21-04•DWC STEPHEN!I.MELESCIUC•R_L_S DATE M.do A.NO.685-01 SHEET t OF i F Legal Descriptions Peachtree Lane Lavender Circle And Easements for the Peachtree Farm Development Prepared By Marohionda & Associates. L.P. 62 Montvale Ave. Suite I Stoneham,, MA 02180 12/10/08 Peachtree Lane Beginning at a drill hole in a stone bound; Thence N26055 '09"W a distance of 14.411 ; Thence N36003 '49"W a distance of 80.99' To a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 46.951 , With a radius of 30.001 , To a drill hole in a stone bound; Thence N5401612311E a distance of 19.56' To a drill hole in a stone bound; Thence with a curve turning to the right With an arc length of 27.221 , With a radius of 245.001 , To a drill hole in a stone bound; Thence N6003812111E a distance of 152.73' To a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 123.411 , With a radius of 230.001 { To a drill hole in a stone bound; Thence N2905314411E a distance of 620.051 To a drill hole in a stone bound; Thence with a curve turning to the right With an arc length of 273.331 , With a radius of 410.001 , To a drill hole in a stone bound; Thence N68005134"E A. distance of 100.00' To a drill hole in a stone bound; Thence with a curve turning to the right With an arc length of 122.47 ' , With a radius of 310.001 , To a drill hole in a stone bound; Thence S89016116"E a distance of 17.52' To a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 29.45' , With a radius of 30.001 , To a drill hole in a stone bound; Thence with a curve turning to the right With an arc length of 306.311 , With a radius of 60.0011, To a drill hole in a stone bound.; Thence with a curve turning to the left With an arc length of 29.451 , With a radius of 30.001 , To a drill hole in a stone bound; Thence N8901611611W a distance of 17.52' To a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 106.671 , With a radius of 270.001 , To a drill hole in a stone bound; Thence S68005134"W a distance of 1.00.00' To a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 246.671 , With a radius of 370.001 , To a drill hole in a stone bound; Thence S29053144"W a distance of 620.05' To a drill hole in a stone bound; Thence with a curve turning to the right With an arc Length of 144.881 , With a radius of 270.001 , To a drill hole in a stone bound; Thence S6003812111W a distance of 1.52.73 ' To a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 22.781 , With a radius of 205.00' , To a drill hole in a stone bound; Thence S54016123"W a distance of 21.65 ' To a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 42.511 , With a radius of 30.001 , To a drill hole in a stone bound.- which is the point of beginning, having an area of 71,313+r- Square Feet, 1.64 Acres Lavender Circle Beginning at a drill hole in a stone bound; Thence N29053144"E a distance of 100.0O' To a drill hole in a stone bound; Thence with a curve turning to the right With an arc length of 47.121 , With a radius of 30.001 , To a drill hose in a stone bound; Thence N6O006'16"W a distance of 100.0O' To.a drill hole in a stone bound; Thence with a curve turning to the right With an arc length of 235.621 , With a radius of 75.00' , To a drill hole in a stone bound; Thence S60006'1611E a distance of 100.00' To a drill hole in a stone bound.; Thence with a curve turning to the right With an arc length of 47.121 , With a radius of 30.001 , To a drill hole in a stone bound; Thence N29053144"E a distance of 100.00' To a drill hole in a stone bound; Thence with a curve turning to the right With an arc length of 47.121 , With a radius of 30.001 , To a drill hole in a stone bound; Thence N6O006116"W a distance of 1.00.00' To a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 361.281 , With a radius of 115.001 , To a drill hole in a stone bound; Thence S60°06'1611 E a distance of 100.001 To a drill, hole, in a stone bound; Thence with a curve turning to the right With an arc length of 47.121 , With a radius of 30.001 , To a drill hole in a stone bound; which is the point of beginning, having an area of 23,211.+/- Square Feet, 0.53 Acres Drainage & Utility Basement Across Lots 11.,E 12, B and Open Space Parcel. A Beginning at .A. point 30.381 South East from a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 30.611 , With a radius of 270,001 , To a drill hole in a stone bound; Thence SO2021147"W a distance of 152.981 ; Thence S89056120"E a distance of 15.011 ; Thence SO2021147"W a distance of 63.351 ; Thence S15029104"E a distance of 177.591 ; Thence N88029'1.0"E a distance of 13.05' ; Thence SO1034153"E a distance of 88.11' ; Thence S39018113"E a distance of 176.111 ; Thence SO1040'00"E a distance of 72.231 ; Thence 563050113"W a distance of 102.231 ; Thence S45050155"W a distance of 48.761 ; Thence SO4°57'31."W a distance of 23.85' ; Thence S85002129"E a distance of 233.30' To a drill hole in a stone wall; Thence NO 10 4 010 0"W a distance of 212.16' To a drill hole in a stone wall; Thence N0104115011W a distance of 74.34' To a drill hole in a stone wall; Thence N01.°3 0'5 0 11W a distance of 213.691 To a drill hole in a stone wall; Thence N0103310011W a distance of 394.07 ' To a drill hole in a stone wall; Thence N01Q03 '40uWr a distance of 174.05 ' To a drill hole in a stone wall; Thence N77015130"W a distance of 85.78' To a drill hole in a stone wall; Thence S22032138"E a distance of 90.941 ; Thence S0100314011E a distance of 110.111 ; Thence S0103310011E a distance of 59.201 ; Thence S00043'44nW a distance of 2 .98' ; Thence S01033=55"E a distance of 177.301 ; Thence N8905612011W a distance of 109.211 ; Thence N52059137"W a distance of 103.321 ; Thence N0202114711E a distance of 95.631 ; which is the point of beginning of the perimeter of the easement. The Easement excludes a certain area in Loot B as described below. Beginning at a point that is 75.01' South East of a drill hole in a stone wall Then S53023 '30"w a distance of 60.841 ; Thence S01034153"E a distance of 123.17 ' i Thence S8802510711W a distance of 49.171 ; Thence N01034153"W► a distance of 66.581 ; Thence S8802510711W a distance of 71.921 ; Thence N4303511211w a distance of 10.211 ; Thence N01034'53"W a distance of 32.91' ; Thence N6004612211E a distance of 34.671 ; 'Whence N8802510711E a distance of 97.201 ; To a point which is the point of beginning of the Exc1Lsionary Area. Having a Total area of 145,3 69+/-- Square Feet, 3.34 Acres Drainage & Utility Easement Across Lots 15 & 16 Beginning at a point 55.96' North East from a drill hole in a stone bound; Thence N07°44'5 6"W a distance of 111..1.9 ' ; Thence N7002111211E a distance of 30.661 ; Thence S07044156"E a distance of 116.971 ; Thence with a curve turning to the left With an arc length of 30.021 , with a radius of 310.001 ; To A Point which is the point of beginning., having an area of 3,415+/- Square Feet, 0.08 Acres Drainage & Utility Easement Across Lots 6 & 7 Beginning at A point 315.94, South west from A Drill Hole In A. Stone Bound.; Thence S6000611611E a distance of 125.001 ; Thence S29053144"W a distance of 30.00' 1 Thence N60006'16"W a distance of 125.00 ' ; Thence N29053144"E a distance of 30.001 ; To a point which is the point of beginning, having an area of 3,750+/-- Square Feet, 0.09 Acres Drainage & Utility Easement Across Lots 21 & 22 Beginning at a point 12.971 South East from a drill hole in a stone bound; Thence N05037153"E a distance of 23 .241 ; Thence S84022107"E a distance of 30.001 ; Thence S05037 '5311W a distance of 36.76' ; Thence N60006'16"W a distance of 32.91' ; To a point which is the point of beginning, having an area of 900+/- Square Feet, 0.02 Acres Drainage & Teti l ity Easement Across Lots 22 & 23 ti Beginning at A point 272.52' from A Drill Hole In A Stone Bound; Thence N29053117"W a distance of 24.681 ; Thence' N60006'43"E a distance of 30.001 ; Thence S2905311711E a distance of 37.881 ; Thence with a curve turning to the left With an arc length of 32.89' , with a radius of 115.001 , To a point which is the point of beginning, having an area of 913+/- Square Feet, 0.02 Acres Drainage & Utility Easement Across Lets 26 & 27 Beginning at A point 4.491 North East from a drill hole in a stone bound; Thence N64006'51"W a distance of 106.331 ; Thence N2905314511E a distance of 30.071 ; Thence S64006151"E a distance of 106.331 ; Thence S2905314411w a distance of 30.071 ; which is the point of beginning, having an area of 3, 190+/- Square Feet, 0.07 Acres Drainage & Utility Easement Across Lot A & open. Space Parcel c Beginning at a paint 21.9 3' South West from a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 0.85' , with a radius of 205.001 , To a drill hole in a stone bound; Thence S54016'23"W a distance of 21.65' To a drill hole in a stone bound; Thence with a curve turning to the left With an arc length of 42.51' , with a radius of 30.001 , To a drill hole in a stone bound; Thence S2605510911E a distance of 91.41" Thence S25027'43"E a distance of 136.1.6' ; Thence with a curve turning to the left With an arc length of 81.75' , with a radius of 70.231 , Thence N8705012911E a distance of 62.31' ; Thence N82000'48"E a distance of 19.37' ; Thence N6603512311E a distance of 20.451 ; Thence N54048'19"E a distance of 18.761 ; Thence N4703112111E a distance of 27.671 ; Thence N4202012311E a distance of 13.561 ; Thence N3403814911E a distance of 21.571 ; Thence N2403312311E a distance of 33.261 ; Thence N1502213011E a distance of 9.351 ; Thence N60033150"W a distance of 216.831 ; Thence N60022123"E a distance of 147.681 ; Thence N29013101"w a distance of 1.33 .291 ; Thence with a curve turning to the right With an arc length of 30.18' , .with a radius of 270.001 , Thence S2901310111E a distance of 100.411 ; Thence S60022 '23"Tilt a distance of 188 .261 ; Thence N2 6°5 5' 0 9"W a distance of 8 Thence N3600314911W a distance of 1.4.87 ' ; To A Point which is the point of beginning, having an area of 5 6,319+/-- Square Feet, 1.29 Acres Drainage & Utility Easement Across open Space Parcel B Beginning at a drill hole in a stone bound; Thence with a. curve turning to the right With an arc length of 47.12' , with a radius of 30.001 , To a drill hole in a stone bound; Thence N6000611611W a distance of 100.00' To a drill hole in a stone bound; Thence with a curve turning to the right With are arc length. of 235.621 , With a radius of 75.00' , To a drill hole in a stone bound; Thence S60006'16"E a distance of 100.00' To a drill hole in a stone bound; Thence with a curve turning to the right With an arc length of 47.12' , With a radius of 30.001 , To a drill hole in a stone bound; Thence S29053144"w a distance of 90.00' To a drill hole in a stone bound; which is the point of beginning, having an area of 27, 949+/- Square Feet, 0.64 Acres NORT#1 Q �Zyllp i�Y�8 °� Town of North Andover Office of the Plannin� Department n e prQ Locii iwt►l 'S'r '"� Community Development and Services Division ACHU Osgood Landing 1600 Osgood Street Building#20,Suite 2-36 F(978)688-9535 North Andover,Massachusetts 01845 F(978)688-9542 Article XX—Roadway Acceptance. To see if the town will accept, as and for public ways in the Town of North Andover,the following ways, in accordance with the Layout Order and Plans approved by the Board of Selectmen and placed on the file in the Office of the Town Clerk: Peachtree Lane Lavender Circle Crickett Lane BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 FEB-10-2010 TUE 02:24 PM P, 002 SETTLEMENT AGREEMENT ASSIGNMENT U 'TY BONDS Agreement made this day of December 2008 by and between Peach Free Development, LLB Massachusetts limited liability company) (hereinafter"Developer") and. Ar co Excavators Inc. a duly organized New Hampshire Corporation having a principle business address of 45 Little River Road Kingston NH(hereinafter"ATco") (collectively the"paAies"). T 'E ` 1. whereas Developer has cash surety bonds and street opening bonds hold by the Town of North Andover(the"' 'own'')as follows; (a) Conservation Bond in the amount of$17,700 the"Conservation and");(b)Planning Board Bonds in the total amount of$30,000,00 (theL"Planmffig Boaar°d and");and(c)Road Opening Band in the Amount of$8,200.00(the""Road Opening Bond')(the Conservation.Bondi Planning Board Bond and the Road Opening Band are collectively referred to herein as the"Surety Bonds"); 2. Whereas, Developer owes Arco certain sums of money due from a past contract and work for the development project known as peaehtree Farm Forth Andover, MA(the"Project"); . whereas,there is work at the project regt"red by the Town of forth Andover in order to release the Surety Bands to peach Free. Arco has agreed to complete sand work an furtherance of settlement by and between Aroo and the Developer; said additional work is identified on Exhibit A 'incorporated by reference attached hereto and p P. 003 FEB 10 201 o T 02P24 S made part hereof hereinafter in order for the Town to release the Surety ands (collectively the"Town Engineer Punch List?��; 4. Whereas,,Arco has agreed to accept the sum of 32,050.00 plus interest, if any, 0n the Roa d operdng Bond,only, in complete satisfaction of any and all work pe °onmed at the project, including the Town EngineerPunch List,to be paid M accordance with the terms of this Agreement; 5. Whereas,Arco is ready willing and able to complete Town En i eer Punch List in exchange for and assignment of a poWon of the Surety Bonds from the Developer, in full satisfaction of any and all obligations from Developer, and the Parties further desire to enter in to his Agreement in£ixthe nce of the same subject to and in accordance with the express terns set forth herein. NOW THEREFORE for valuable consideration,the receipt and sufficiency of which are hereby acknowledged herein the pies agree to the following, 6. Conditioned upon.Arco's completioxi of the Town Enclineer Punch List, Developer hereby transfers and assigns any and its right,title,and interest, with respect to Surety Bonds to Arco and or its designee, follows: Fifty (5011/6)percent of the Conservation Bond in the amount of$8,850.00; Fier(50%)percent of the Pl 'ng oard Bond in the anount of$X 5,000.00; One Hundred(100%)percent of the Road Opening Bond in the amount of S8,, 00.00, plus any interest aecrued thereon, if any. ?. The Pales agree to cooperate with each other and the Town to ensure the `Fawn assents to the aforementioned assignnncnt by and between the Developer and Arco with respect to the assigoinent of a portion of the Surety Bonds,as contned herein,and (K0382119+S) TU02:25 PM p aa4 ��� �a 2a�a � • F releases the same to Arco,and,provided Arco completes the Town Engineer Punch List Developer gr ees to refrain from claiming any interest v�th respect to the portion of Surety Bonds to be paid to Arco pursuant to the terms of this Agreement. 8. Upon acceptance of this Agreement Arco agrees to promptly perform the p Town Engineer Punch List in a good and workman like manor pursuant to and in accordance with T'ovvn Engineer Punch List and such other requirements as may be required b the Town that relate to Arco's compliance vAth the scope of its work and the approved plans for the Project, 9. Conditioned upon the completion of the Town Engineer Pinch List to a f ood and workman like manner and release by the Town of the Surety Bonds,the Developer releases remises,and forever discharges Arco and William T. Sawyer Mdividully with respect to Project, 10.Arco hereby release,remise,and forever discharges Developer,its ro nagers, members,agents and employees from all other sunns due to Arco with respect to the Project and or added costs for improvements pursuant to the Town Engineer Punch List. 11. The Pities shaB use diligent efforts to ensure: a)The T"own's acceptance of an and all improvements with respect to Town Engineer Punch Dist;b)To 's release � of the portion of the Surety Bonds to be released to Arco upon completion of said improvements by Arco and the balance to Developer. 12. This Agreement shall be binding on the Parties hereto and their respective successors and assign$, 13. All notices to be given pursuant to this Agreement shall be in Ming and skull be deemed giveia unless mutually waived in meting by and between the parties (K0382118,5 J FEB-- -2010 TVE 02:25 PM F' 005 Y, wlien 4 e mailed by certified or registered aail,postage prepaid,return receipt requested,to the Pai es hereto at the addresses sot forth below,or to such other place as a party (or its successor)may from time to time desipate by written notice: To. Arco Excavators Inc. 45 Little River Road Kingston,NH With a copy to Albert P.Mares,111,Esquire 24 Main Street North Andover,MA o 1845 TO: Peachtree Development.,LLC 131 Sutton Street, Suite 1 North Andover,MA 02181 14. T"he parties to this Settlement Agreement acknowledge that their: (a) Had the opportunity to consult with counsel of their choice regarding this Unsaetion; (b) Had the oppommity to review with counsel the terms and provisions of this Settlement Agreement; (c) Understood and assented to the obligations imposed by this Settlement Agreement; and (d) Knowingly and willingly entered into this Settlement Agreement. 15. This Settlement Agreement is intended to take effect as a sealed instnunent and shad be governed by and construed under the laws of the Commonwealth of Massachusetts. (KO3821 l8.S) FEB l0 2010 TVE 02:25 PM P, 000 16, The Parties shall make all such reasonable efts as are necessary to accomplish the foregoing stipulations and all otber purposes of this Settlement Agreement. 17. The Parties agree to execute and deliver such additional doements as may be reasonably required or requested at the time of execution of this Settlement Agreement or thereafter to implement and effectuate this Settlement Agreement. 18. This Settlement Agreement may be executed i�counterparts and each such counterpart shall constitute an original. 19. The Parties agree and acknowledge that this Settlement Agreement is the result of a compromise and shall never be construed as an admission by any of them of any liability,wrongdoing or responsibility on their pat or on the part of any predecessors,successors,parents,subsidiaries,affiliates,assigns,auents,representatives and any of their present or former agents, servants, emplDyees or attorneys. 0. This Settlement Agreement and its Exhibit constitute the complete agreement between and contains all of the promises and undertakings of the Parties in connection with the matters set forth herein. This Settlement Agreement may not be revised or modified Without the Mutual Witten consent of the Pa ies. 21. If an provision of this Settlement Agreement shall be finally determined to Y be invalid or unenforceable under applicable law by a Court of competent jufisdiction, that pwi shall be ineffective to the extent of any such invalidity or unenforceability only, without'in any way affecting the remaining parts of such provision or the remaining provisions of this Settlement Agreement* 22. The Pales represent and warrant that the individuals executing this FEB-16-2010 TUE 02:25 PM P. 007 Settlement Agreement on each patty's behalf have the full authority to do so. Duly authorized and executed as a sealed instrument W of the date first written above. Arco Excavators Inc. By its President eachtree evelopment,LL By its M gar FEE 0-2010 TUE 02:25 FM P, 008 EXHIBIT A TOWN ENGINEER PUNCH FIST l se outlet bole in detention pond tumber per verbal agreement with rl I. ClDar ose 9 2. Repair R� Street per verbal agmement with Gene Willis and Tirn Willett at Y Depa=ent of PubicWorks; 3. Repair Chestnut Street and Sidewalks adjacent thereto Per verbal agreement witb Gene Willis at Department of Pubic Works.