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HomeMy WebLinkAboutLegal Documents DEF SUB GRANT OF EASEMENT Peter R. Breen and Tyler D. Munroe, as Trustees of the Rocky Brook Realty Trust, under Declaration of Trust dated July Cj 25,_ 1985 and recorded in Essex North Registry of Deeds in Book 2011, Page 223, in consideration 'of One Dollar ($1 . 00 ) and other good and valuable consideration, herebVgrant to the Town of North Andover, a permanent right and easement in and to those areas marked "Drainage Easement" on a certain plan of land entitled "Definitive Subdivision Plan of Rocky Brook Estates, c . r North Andover, Massachusetts, Owner and Applicant, Rocky Brook ` Realty Trust, Peter Breen and Tyler Munroe, Trustees , Boxford Road, North Andover, Mass . , Thomas E. Neve Associates, Inc . , ; Engineers-Surveyors, Land Use Planners, 447 Old Boston Road, i U.S. Route #1, Topsfi.eid, Massachusetts, Dated: November 24, j 1986 . Revised to July 16, 1987 " . A further easement is also m granted to the Town in those portions of Lots 12, 14, 15, 16, 17 and 18 measuring from Mosquito Brook to the edge of the wetlands 533 -at as shown on said Plan.No. 12034B. . The rights and easement granted herein shall be for the purpose of maintaining and repairing the pipes, headwalls and all other drainage facilities, natural or manmade, located within the Rocky Brook Estates subdivision, as shown on the above-referenced Plan. The grantors and their successors and assigns shall not place structures within the designated easement areas other than those now existing or shown on said Plan . The within easement shall run with the land and be forever binding upon the successors , transferees and assigns of the grantors . For grantor' s title see Book Page recorded in said Registry of Deed.s . Executed as a sealed instrument this day of , 1991 . ROCKY BROOK REALTY TRUST ,t B �r Peter R. Breen, Trustee ByhTrusteleT D. Munroe, COMMONWEALTH OF MASSACHUSETTS Essex, ss . , 1991 Then personally appeared the above-named, Peter R. Breen and Tyler D. Munroe, Trustees as aforesaid, and acknowledged the foregoing instrument to be their free act and deed, before me, Notary Public My Commission Expires I :breen-easement( 3-4 ) SLOPE AND GRADING EASEMENT Vincent Grasso and Alan G. Lampert, Trustees of WINTERGREEN REALTY TRUST u/d/t dated August 10, 1984 recorded with the Essex North Registry of Deeds at Book 1850 Page 306 of 865 Turnpike Street, North Andover, Essex County, Massachusetts , for consideration paid of less than One Hundred ( $100 . 00 ) Dollars grants to Peter R. Breen and Tyler D. Munroe, Trustees of ROCKY BROOK REALTY TRUST u/d/t dated July 25, 1985 and recorded with the Essex North Registry of Deeds at Book 2011, Page 223, of 770 Boxford Street, North Andover, Essex County, Massachusetts , and its successors and assigns in title, the following permanent easements over land owned by Wintergreen Realty Trust and shown on a plan of land entitled "Plan of Land in North Andover, MA. , prepared for Wintergreen Realty Trust and Rocky Brook Realty Trust, dated May 16 , 1989 , revised 9/15/89 " to be recorded herewith: A permanent slope easement and grading easement over Parcel C, Parcel D, Parcel E and Lots 23A and 24A for the benfit of and for purposes of locating and maintenance of individual subsurface sewerage disposal for Lots 1A, 2A, 3A and 4A owned by Rocky Brook Realty Trust, shown on the plan to be recorded herewith, and said easements shall run with the land. The easements as set forth herein are reciprocal to a Slope and Grading Easement granted by Rocky Brook Realty Trust to Wintergreen Realty Trust covering the same lots as referred to herein. WITNESS OUR HANDS AND SEALS thiscwV/day of August, 1990 . WINTERGREEN REALTY TRUST By: incent Grasso, Trustee ,i / 4 Alan 'G. Lampert V Trustee COMMONWEALTH OF MASSACHUSETTS Essex, ss August ,:99 1990 Then personally appeared the above named Alan G. Lampert and Vincent Grasso as Trustees and acknowledged the foregoing instrument to be their free act and deed before me. Notary Public My Commission Expires : 0: ease-breen( 10-11 ) TEMPORARY TURN-AROUND EASEMENT RESERVATION OF EASEMENT made this day of , 1991 by Peter R. Breen and Tyler D. Munroe, as Trustees of the Rocky Brook Realty Trust under Declaration of Trust dated July 25, 1985 and recorded with Essex North Registry of Deeds in Book 2011 , Page 223 . The Trustees hereby reserve and take an easement in those portions of Lot 7 and Lot 8 shown on that certain plan entitled, "Definitive Subdivision Plan of Rocky Brook Estates , North Andover, Massachusetts, Owner and Applicant, Rocky Brook Realty Trust, Peter Breen and Tyler Munroe, Trustees, Boxford Road, North Andover, Mass . , Thomas E. Neve Associates, Inc. , Engineers-Surveyors , Land Use Planners, 447 Old Boston Road, U.S . Route #1, Topsfield, Massachusetts , Dated: November 24 , 1986 . Revised to July 16 , 198711 , designated as "Temporary Turnaround Easement" . The easement shall be for the purpose of a turnaround for the roadway shown on said plan and named Rocky Brook Road, and shall be for the benefit of all of the other lots in the Rocky Brook Estates subdivision and the Town of North Andover, granting them the right to pass , repass and otherwise use the area within the Temporary Turnaround for all purposes for which private and public streets and ways are commonly used in the Town of North Andover.The within easement shall be extinguished if an when the said Rocky Brook Road shall become a through street, and the way is extended with the meaning of M.G.L. Chapter 41, Section 81-Q. Executed as a sealed instrument this day of , 1991 . ROCKY BROOK REALTY TRUST Peter R. Breen, Trustee By .��_ aCj �`-�' e�_ Ty D. Munroe, Trustee i COMMONWEALTH OF MASSACHUSETTS Essex, ss . 1991 1 Then personally appeared the above-named, Peter R. Breen and Tyler D. Munroe, Trustees as aforesaid, and acknowledged the foregoing instrument to be their free act and deed, before me, Notary Public My Commission Expires J I :breen-easement 1 u�k 3q I P58 SLOPE AND CONSTRUCTION EASEMENT Vincent Grasso and Alan G. Lampert, Trustees of WINTERGREEN REALTY TRUST u/d/t dated August 10, 1984 recorded with the Essex North Registry of Deeds at Book 1850 Page 306 of 865 Turnpike Street, North Andover, Essex County, Massachusetts , for consideration paid of less than One Hundred ($100 . 00 ) Dollars grants to Peter H. Breen and Tyler. D. Munroe, Trustees of ROCKY BROOK REALTY TRUST. u/d/t dated July 25, 1985 and recorded with the Essex North Registry of Deeds at Book 2011, Page 223, of 770 Cj Boxford Street, North Andover, Essex County, Massachusetts, and its successors and assigns in title, the following easements : A temporary construction easement along the westerly boundary of Lot 24A, Parcel "A" and Parcel "B" as shown on a "Plan of Land in North Andover, MA" to be recorded herewith, for purposes of constructing the roadway known as Rocky Brook Road as shown on a Plan of Land to be recorded herewith, entitled "Definitive Subdivision Plan of Rocky Brook Estates" . The grantees herein shall be " permitted temporary access to Lot 24A, Parcel "A" and Parcel "B" , including access for workers and equipment as is reasonably necessary in order to construct and finish the roadway and related grading in accordance with the c conditions of The Planning Board of the Town of North Andover, as shown on Plan #12034A and Plan #12034B. 4 For grantor's title see deed recorded with the Essex North Registry of Deeds at Book 1971 Page 252, and Book 1904 Page 228 . WITNESS OUR HANDS AND SEALS this?"'Lday of August, 1990 . � 7C O Winter reen Real Trust cCD Alan G. Lamperte Trustee Vincent Grasso, Trustee n 60 QUITCLAIM DEED Peter R. Breen and Tyler D. Munroe, Trustees of ROCKY BROOK REALTY TRUST u/d/t dated July 25, 1985 and recorded with the Essex North Registry of Deeds- at Book 2011, Page 223 of 770 Boxford Street, North andover, Essex County, Massachusetts for consideration paid of less than One Hundred ( $100 . 00 ) Dollars grants to Vincent Grasso and Alan G. Lampert, Trustees of WINTERGREEN REALTY TRUST u/d/t dated August 10, 1984 recorded with the Essex North Registry of Deeds at Book 1850 Page 306 of 865 Turnpike Street, North Andover, Essex County, Massachusetts, W with quitclaim covenants, the land in North Andover, Essex County, Massachusetts, described as follows : Parcel "A" , Parcel "B" , Parcel "C" , Parcel "D" and Parcel "E" as shown on a plan of land recorded herewith, entitled "Plan of Land in North Andover, MA. , prepared for Wintergreen Realty Trust and Rocky Brook Realty Trust Dated May 16, 1989, revised 9/15/89 " . Reference is made to said Plan for a more particular description of said parcel, as shown on Plan #12034A. For grantor's title see deed recorded at-.Book ,�O/L, 'o Page N WITNESS OUR HANDS AND SEALS this F y day of August, 1990 . Rocky Brook Realty Trust ,.w By: Peter R. Breen, Trustee ami 0 n By.-"Tyler D. Munroe, Trustee 0� COMMONWEALTH OF MASSACHUSETTS . Essex, ss . August �� , 1990 Then personally appeared the above: named Peter R. Breen and Tyler D. Munroe as :.Trustees..and acknowledged the foregoing instrument to be `their free-.act and.:'-deed=b ore me, y � . i f • -Notary �'Publ c My C mmission Expires : 0;ease-breen(9 ) = r.,....-...._ .... .::2::.,•� - / gk 35 �( EASEMENT Peter R. Breen and Tyler D. Munroe., Trustees of ROCKY BROOK REALTY TRUST u/d/t dated July 25, 1985 and recorded with the Essex North Registry of Deeds at Book. 2011, Page 223 of 770 Boxford Street; North andover, Essex County, Massachusetts for consideration paid of less than One Hundred ($100 . 00 ) Dollars grants to Vincent Grasso and Alan G. Lampert, Trustees of WINTERGREEN REALTY TRUST u/d/t dated August 10, 1984 recorded Cj with the Essex North Registry of Deeds at Book 1850 Page 306, of 865 Turnpike Street, North Andover, Essex County, Massachusetts ' and its successors and assigns in title, the following easements : The right to pass, repass .and otherwise use Rocky Brook Road as shown on 'a Plan of-Land entitled "Definitive Subdivision Plan of Rocky Brook Road" , said plan to be recorded herewith, for all purposes for which private and public streets and ways are commonly used in the Town of North Andover, together with all others lawfully entitled thereto. This right shall be appurtenant to Lots 23A and 24A as shown on Plan entitled "Plan of Land in North Andover, MA. , Dated: May 16, 1989 , Rev. 9/15/8911 , and shall run to the benefit of subsequent owners and successors in title to said Lots 23A and• 24A, said Plan r being recorded as Plan #12034A. WITNESS OUR HANDS AND SEALS this Zy day of August, 1990 . Rocky Brook Realty Trust X M. le X By: Peter R. Breen, Trustee p :0 t"r'Q B yler D. Munroe, Trustee COMMONWEALTH OF MASSACHUSETTS H In Essex, ss . August 7y 1990 Then personally appeared the above named Peter R. Breen and Tyler D. Munroe as Trustees and acknowledged. the foregoing instrument to be their free act and deed b ore me, f 'Notar Public My Commission Expires: / (,/ O:ease-breen(5) 7? -/b U SLOPE AND GRADING EASEMENT Peter R. Breen and Tyler D. Munroe, Trustees of ROCKY BROOK REALTY TRUST u/d/t dated July 25, 1985 and recorded with the Essex North Registry of Deeds at Book 2011, Page 223, of 770 Boxford Street, North Andover, Essex County, Massachusetts, for - W consideration paid of less than One Hundred ($100 . 00) Dollars grants to Vincent Grasso and Alan G. Lampert, Trustees of WINTERGREEN REALTY TRUST u/d/t dated August 10, 1984 recorded X with the Essex North Registry of Deeds at Book 1850 Page .306 of 865 Turnpike Street, North Andover, Essex County, Massachusetts and its successors and assigns in title, the following easements over land owned by Rocky Brook Realty Trust and shown on a plan entitled "Definitive Subdivison Plan of Rocky Brook Estates, Located in North Andover, Mass . Owner and Applicant Rocky Brook Realty Trust" , dated November 24, 1986 and filed herewith, and as shown on a plan entitled "Plan of Land in North Andover, Ma. , prepared for Wintergreen Realty Trust & Rocky Brook Realty W. Trust" dated May 16, 1989, revised 9/15/89, also filed herewith; as can Plan #12034A. A permanent slope easement and grading easement over Parcel 3A and Parcel 4A for the benefit of and for the purposes of locating and maintenance of individual subsurface sewerage disposal systems for Lots 23A, Lot 24A, Parcel C, Parcel D and Parcel E owned by Wintergreen LO Realty Trust; shown on the plans to be recorded herewith, and said easements shall run with the land. The easements as set forth herein are reciprocal to a Slope and Grading Easement granted by Wintergreen Realty Trust to Rocky Brook Realty Trust covering the same lots o as referred to herein. WITNESS OUR HANDS AND SEALS this Zy day of August, 1990 . ROCKY BROOK REALTY TRUST By: ��%gip o Tt✓s i e z Peter R.Breen, Trustee By: NJ& �L�rlj)j Cf T r D. Munroe, Trustee TEMPORARY TURN-AROUND EASEMENT RESERVATION OF EASEMENT made this day of adKr4 , 1991 by Peter R. Breen and Tyler D. Munroe, as Trustees of the W Rocky Brook Realty Trust under Declaration of Trust dated July 25, 1985 and recorded with Essex North Registry of Deeds in Book 2011 , Page 223 . The Trustees hereby reserve and take an easement in those portions of Lot 7 and Lot 8 shown on that certain plan entitled, c., "Definitive Subdivision Plan of Rocky Brook Estates, North Andover, Massachusetts, Owner and Applicant, Rocky Brook Realty Trust, Peter Breen and Tyler Munroe, Trustees, Boxford Road, North Andover, Mass . , Thomas E. Neve Associates, Inc. , w Mn Engineers-Surveyors, Land Use Planners, 447 Old Boston Road, TO X U.S-. Route #1, Topsfield, Massachusetts,' Dated: November 24, � 7D 1986 . Revised to July 16, 198711 , designated as "Temporary CT / and recorded as Plan #12034B. _ 12 Turnaround Easement" . The easement shall be for the purpose of a turnaround for the roadway shown on said plan and- named Rocky Brook Road, and shall be for the benefit of all of the other lots in the Rocky Brook Estates subdivision and the Town of North Andover, granting them the right to pass, ,repass and otherwise use the area within the Temporary Turnaround for all purposes for which private and public streets and ways are SLOPE AND CONSTRUCTION EASEMENT Vincent Grasso and Alan G. Lampert, Trustees of WINTERGREEN REALTY TRUST u/d/t dated August 10, 1984 recorded with the Essex North Registry of Deeds at Book 1850 Page 306 of 865 Turnpike Street, North Andover, Essex County, Massachusetts , for consideration paid of less than One Hundred ($100 . 00 ) Dollars grants to Peter H. Breen and Tyler D. Munroe, Trustees of ROCKY BROOK REALTY TRUST u/d/t dated July 25, 1985 and recorded with the Essex North Registry of Deeds at Book 2011, Page 223 , of 770 Boxford Street, North Andover, Essex County, Massachusetts, and its successors and assigns in title, the following easements : A temporary construction easement along the westerly boundary of Lot 24A, Parcel "A" and Parcel "B" as shown on a "Plan of Land in North Andover, MA" to be recorded herewith, for purposes of constructing the roadway known as Rocky Brook Road as shown on a Plan of Land to be recorded herewith, entitled "Definitive Subdivision Plan of Rocky Brook Estates" . The grantees herein shall be permitted temporary access to Lot 24A, Parcel "A" and Parcel "B" , including access for workers and equipment as is reasonably necessary in order to construct and finish the roadway and related grading in accordance with the conditions of The Planning Board of the Town of North Andover. For grantor' s title see deed recorded with the Essex North Registry of Deeds at Book 1971 Page 252, and Book 1904 Page 228 . WITNESS OUR HANDS AND SEALS thisj�"�-day of August, 1990 . Wintergreen Real - Trust j `-- Alan G. Lampert Trustee Vincent Grasso, Trustee COMMONWEALTH OF MASSACHUSETTS Essex, ss . August 1990 Then personally appeared the above named Alan G. Lampert and Vincent Grasso as Trustees and acknowledged the foregoing instrument to be their free act and deed before me, Notary Public My Commission Expires : L:ease-breen( 3-4 ) I r EASEMENT Vincent Grasso and Alan G. Lampert, Trustees of WINTERGREEN REALTY TRUST u/d/t dated August 10, 1984 recorded with the Essex North Registry of Deeds at Book 1850 Page 306 of 865 Turnpike Street, North Andover, Essex County, Massachusetts, for consideration paid of less than One Hundred ( $100 . 00 ) Dollars grants to Peter R. Breen and Tyler D. Munroe, Trustees of ROCKY BROOK REALTY TRUST u/d/t dated July 25, 1985 and recorded with the Essex North Registry of Deeds at Book 2011 , Page 223 , of 770 Boxford Street, North Andover, Essex County, Massachusetts, and its successors and assigns in title, the following easements : The right to pass, repass and otherwise use Tanglewood Lane and the streets and ways, located on and over Wintergreen Estates , North Andover, Essex County, Massachusetts, as shown on said Plan No. 10032, for all purposes for which private and public streets and ways are commonly used in the Town of North Andover, together with all others lawfully entitled thereto. This right shall run to the benefit of subsequent lot owners in the Rocky Brook Subdivision. WITNESS OUR HANDS AND SEALS thisjF/0~day of August, 1990 . Wintergreen Realty Trust Alan G. Lampert 7 - incent Grasso COMMONWEALTH OF MASSACHUSETTS Essex, ss . August ;9f , 1990 Then personally appeared the above named Alan G. Lampert and Vincent Grasso as Trustees and acknowledged the foregoing instrument to be their free act and deed before me, Notary Public My Commission Expires : Of I O:ease-breen( 6 ) QUITCLAIM DEED Vincent Grasso and Alan G. Lampert, Trustees of WINTERGREEN REALTY TRUST u/d/t dated August 10, 1984 recorded with the Essex North Registry of Deeds at Book 1850, Page 306 of 865 Turnpike Street, North Andover, Essex County, Massachusetts, for consideration paid of less than One Hundred ( $100 . 00 ) Dollars grants to Peter R. Breen and Tyler D. Munroe, Trustees of ROCKY BROOK REALTY TRUST u/d/t dated July 25 , 1985 and recorded with the Essex North Registry of Deeds at Book, 2011, Page 223, of 770 Boxford Street, North Andover, Essex County, Massachusetts, with quitclaim covenants the land in: North Andover, Essex County, Massachusetts Being Parcel "F" as shown on a plan of land entitled, "Plan of Land in North Andover, Mass . prepared for Wintergreen Realty Trust and Rocky Brook Realty Trust, Scale 1" = 40' dated May 16 , 1989 revised to September 15 , 1989" prepared by Christiansen and Sergie, Haverhill, Massachusetts" , to be recorded herewith. Said Parcel "F" being situated, at the intersection of Tanglewood Lane (as shown) and Rocky Brook Road (as proposed) , and consisting of approximately 74 square feet . Reference is made to said plan for a more particular description of said Parcel "F" . Also a second parcel of land shown as Parcel "H" on the aforementioned Plan, said Parcel "H" consisting of approximately 1, 643 square feet. Reference is made to said plan for a more particular description of said Parcel "H" . For Grantor' s title see deeds recorded with the Essex North Registry of Deeds at Book 1971, Page 252 , and Book 1904 , Page 228 . WITNESS OUR HANDS AND SEALS this:,9gl,.day of August, 1990 . WINTERGREEN REALTY TRUST By: Alan G. Lampert, Trustee By: Vincent Grasso, Trustee COMMONWEALTH OF MASSACHUSETTS Essex, ss . August o2%, 1990 Then personally appeared the above named Alan G. Lampert and Vincent Grasso as Trustees and acknowledged the foregoing instrument to be their free act and deed before me, Notary Public My Commission Expires : O:ease-breen( 1-2 ) EASEMENT Vincent Grasso and Alan G. Lampert, Trustees of WINTERGREEN REALTY TRUST u/d/t dated August 10, 1984 recorded with the Essex North Registry of Deeds at Book 1850, Page 306 of 865 Turnpike Street, North Andover, Essex County, Massachusetts, for consideration paid of less than One Hundred ( $100 . 00 ) Dollars grants to Peter R. Breen and Tyler D. Munroe, Trustees of ROCKY BROOK REALTY TRUST u/d/t dated July 25, 1985 and recorded with the Essex North Registry of Deeds at Book 20911 , Page 223 , of 770 Boxford Street, North Andover, Essex County, Massachusetts, and its successors and assigns in title, the following permanent easement over land owned by Wintergreen Realty Trust and shown on a "Plan of Land in North Andover, Mass . prepared for Wintergreen Realty Trust and Rocky Brook Realty Trust, Scale 1" =40 ' dated May 16 , 1989 revised to September 15 , 1989 " prepared by Christiansen and Sergie, Inc. , Haverhill, Mass . 1 . A temporary construction easement, on Lot 24A and Parcel A, as shown on a Plan of Land to be recorded herewith particularly on Sheets 2 of 7 and 4 of 7 , entitled "Definitive Subdivision Plan of Rocky Brook Estates" . Said area shall be utilized for purposes of constructing compensatory wetlands and a retention pond area. The grantees herein shall be permitted temporary access to Lot 34A and Parcel "A" including access for workers and equipment as is reasonable necessary in order to construct a wetlands compensatory area. Said area shall be utilized for purposes of compensatory wetlands and a retention pond. The easement shall be for all purposes for which conservation and retention pond easements are commonly used in the Town of North Andover, including, but not limited to the drainage and storage of run off from the grantee' s land, to construct and maintain drainage and storage facilities, pipes, headwalls and i other structures , to excavate and regrade the area, and to allow run-off to discharge. Said easement being referred to as "Compensatory Wetlands, 7 , 600 S .F. " on the plan, to be recorded herewith. 2 . A slope and construction easement and a 20 foot wide drainage easement along the boundary of Rocky Brook Road as shown on the plan to be recorded herewith, and alongside the westerly boundary of Lot 24A and alongside the westerly boundary of Parcel "A" as shown on a Plan entitled "Plan of land in North Andover, Mass . prepared for Wintergreen Realty Trust and Rocky Brook Realty Trust, Scale 1" = 40 ' dated May 16 , 1989 revised to September 15, 1989 " prepared by Christiansen and Sergie, Inc . , Haverhill, Mass . Said easements shall be for the purpose for which drainage and grading easements are commonly used in the Town of North Andover, including, but not limited to the right to install, use and maintain drainage pipes on Lot 24A and Parcel "A" . WITNESS OUR HANDS AND SEALS THIS �� � day of August, 1990 . Wintergr-pen Realty /Trust 1�1 Al Alan G. Lampert, ruste(4 Vincent Grasso, Tru tee COMMONWEALTH OF MASSACHUSETTS Essex, ss . August Oj , 1990 Then personally appeared the above-named Alan G. Lampert and Vincent Grasso as Trustees and acknowledge the foregoing instrument to be their free act and deed, before me. Notary Public My Commission Expires : O:ease-breen-14