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Home My WebLink About07/21/2021 - Deed 1-3 Surrey Drive - 481 Sutton Street RETURN: Kathryn M. Morin,Esq. P.O. Box 370 Plaistow,NH 03865 File No. 2016-2126 Space Above Line Used For Recording DEED Sutton Street Redevelopment, LLC, a Massachusetts Limited Liability Company("S ton") In consideration of$550,000.00 Grants to the Town of North Andover, a municipal corporation,with an address of Town Hall, 120 Main Street,North Andover,MA 01845(the"Town") With Quitclaim Covenants The land with the building and improvements thereon, located at and known as 1 and 3 Surrey Drive,North Andover,Essex County,Massachusetts,and described on Exhibit A attached hereto c (the"Premises")on the condition of,and expressly reserving and excluding from the conveyance hereunder,the following: ' The non-exclusive, perpetual rights and easements, for the benefit of the Retained Land 0 (as hereinafter defined), Sutton and those claiming by,through or under Sutton,in,to and over that portion of the Premises, substantially shown on the plan entitled"Plan of Land in North Andover, Massachusetts Showing Access Easement Area, Common Driveway Easement Area, Entrance 'Way Easement Area, Exclusive Easement Area and Drainage Area"prepared by The Morin-Cameron Group,Inc.,dated July 1,2021 and filed with this Essex North District Registry of Deeds(the"Re istr ")as Plan No.' (the"Easement j a-S3 Plan") as "Common Driveway Easement Area", for the purpose of(i)pedestrian access, ingress and egress to and from Surrey Drive, and(ii)passenger vehicle access and egress to Surrey Drive. ro The final definitive location of Common Driveway Easement Area shall become established by and upon the completion and erection thereof and substantially as shown on the Easement Plan. The Town shall not materially impede, obstruct or in any way interfere with the use and enjoyment of the Common Driveway Easement Area and the rights and easements granted herein, except in the case of an emergency, and then only to the minimum extent necessary. Sutton shall not materially impede,obstruct or in any way interfere with the Town's use and enjoyment of the Common Driveway Easement Area, except in the case of an emergency or if required in the course of the exercise of the rights granted herein,and then only to the minimum extent necessary. l 4630713.6 .DJ%. .L /V-A.L r9.L.7 Wz_-24:j / The Town shall maintain the Common Driveway Easement Area in a commercially reasonable manner, including removal of snow, ice, debris therefrom and obstructions thereto. Sutton shall have the right and easement, but not obligation, to maintain the Common Driveway Easement Area, including removal of snow,ice, debris therefrom and obstructions thereto. Sutton hereby expressly disclaims any representations or warranties of any nature, express, implied or otherwise. By accepting this Deed, the Town agrees that Sutton has made no representation or warranty about the condition of the Premises, including, without limitation, no representation or warranty about the presence or absence of "oil," "hazardous materials" or "hazardous wastes" as those terms are defined in Massachusetts General Laws Chapter 21E (hereinafter collectively "Hazardous Materials"), and as further defined in all other applicable state and federal laws regarding Hazardous Materials on, in, at, over, under, from, through or associated with the Premises; nor has Sutton made any representation as to the fitness of the Premises for any proposed use or the suitability of the Premises for any particular purpose. The Town hereby accepts the Premises"as is". Therefore, by accepting and recording this Deed,the Town, for itself, its successors and assigns, hereby releases Sutton, its successors and assigns from any liability relating to or concerning the condition of the Premises. This conveyance was Authorized by Article 12 of the 2020 Annual Meeting of the Town of North Andover held on June 16, 2020 and approved by more than two-thirds vote for the purpose of construction of a Senior Center and necessary parking areas on the Premises,which the Town,by accepting and recording this Deed represents, has not been altered, amended or revoked and remains in full force and effect and covenants that all prerequisites of the Town for this conveyance and the easements reserved herein have been satisfied. All of said Premises is subject to and with the benefit of all easements, encumbrances and restrictions of record, if any,to the extent any of the same are in force or applicable. This is not a conveyance of all or substantially all of the Massachusetts assets of an entity classified for the current taxable year as a corporation in the Commonwealth of Massachusetts or for federal income tax purposes The land shown as Lot IA on the plan entitled"Plan of Land in North Andover, Massachusetts 0, 477 & 505 Sutton Street."dated July 23,2019, prepared for Sutton Street Redevelopment, LLC by The Morin-Cameron Group, Inc., filed with the Essex North Registry of Deeds as Plan No. , is referred to herein as the"Retained Land". All the terms and provisions of this Deed shall run with the land,and bind and inure to the benefit of Sutton and the Town respectively and their respective successors and assigns. For Sutton's title see Quitclaim Deed dated November 1,2018 and recorded with the Registry at Book 15680, Page 127. See also Removal of the Surrey House Condominium from M.G.L. C. 183A, recorded with the Registry hexxvi t at Book 17039, Page 190. [Signature page follows] 2 4630713.6 BK l /V 41 rgg14 ff L 4 L n J EXECUTED as a sealed instruments this��day of July, 2021, SUTTON STREE-TILEDEVELOP T LLC a Massach s liz 'ted i ility company y:Andover Real Prop ana ent, no., its Manager and A horize to Signato B P. Minic ., Its President and Tr asurer COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. On this _f day of July, 2021, before me, the undersigned notary public, personally appeared Louis P. Minicucoi, Jr., proved to me through satisfactory evidence of identification, which were Q driver's license,/personally known to me or U personally known to a 3'a party personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose in his capacity as the President and Treasurer of Andover Real Property Management Inc.,the Manager and Authorized Real Estate Signatory of Sutton Street Redevelopment, LLC. �"""""'(I" Notary Pu is - ? *' IS Jy �1V EX4ti��g' .c_ •,��i4q�IEI,QF�AS�Q•,``,, 3 4630713.6 The Town joins in this deed for the purposes of acknowledging and agreeing to the condition and reservation of the foregoing rights and easements in and to the Ax oss/Commodtasement Areax Md and agreeing to the terms,conditions,covenants and agreements contained herein. Each of the undersigned declare, represent and warrant that he or she is duly authorized, and has the full right and authority, to execute this Deed on behalf of the Town and it is a binding and enforceable in accordance with its terms. Driveway TOWN OF NORTH ANDOVER,MASSACHUSETTS a municipal corporation Its Select Board v � COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. On this` , day of July, 2021, before me,the undersigned notary public,personally appeared "(A r proved to me through satisfactory evidence of identification, which were 0 driver's license, personally known to me or❑ personally known to a 3`d party personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that s/he signed it voluntarily for its stated purpose as a member of the Select Board of the Town of North Andover,MA. otary Public LANE A euRZI W Noah FubHo,Conurwnweatth of t4fasgachusette W Co Wft4w ExOm September 16,2027 4 4630713.6 L)J\. J. I V Z.L J:V J.V W L.Z L..J I EXHIBIT A LEGAL DESCRIPTION A certain parcel of land with the buildings thereon being shown as Lot#14A on a Plan entitled: "Plan of Land in North Andover,Prepared for Vincent J.McAloon"Scale: 1"=40',Jan.26, 1971, Essex Survey Service, Inc., 47 Federal Street, Salem, Mass., and filed with the Registry as Plan No. 6380,more particularly bounded and described as follows: NORTHWESTERLY 107.32 feet by Sutton Street; NORTHWESTERLY again in a curved line 31.68 feet by the intersection of Sutton Drive and Surrey Drive; WESTERLY 168.28 feet by said Surrey Drive; SOUTHERLY 115.85 feet by Lot 26 as shown on said plan; and EASTERLY 219.80 feet by Lot 13 as shown on said plan. Containing according to said plan 23,894 square feet,more or less. 5 4630713.6