HomeMy WebLinkAbout07/21/2021 - Deed 477 & Portion of 505 Sutton Street - 481 Sutton Street RETURN: e17—2 71--:21;1t 21 Q 10 a ! .3 got.
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(" utton")
In consideration of the acceptance of the Charitable Donation of the Premises conveyed hereby
(but no monetary or other consideration from the Town)
Grants to the Town of North Andover,a municipal corporation(the"Town"),with an address
of Town Hall, 120 Main Street,North Andover,MA 01845
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The land with the building and improvements thereon located at and known as 477 and a portion
of 505 Sutton Street,North Andover, Massachusetts,and more particularly described on Exhibit
A attached hereto (the "PPLemises"), on the condition of, and expressly reserving and excluding
r from the conveyance hereunder,the following:
b 1. The non-exclusive, perpetual rights and easements, for the benefit of the Retained
Land (as hereinafter defined), Sutton and those claiming by,through or under Sutton,
in, to, over and under 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
in Easement Area and Drainage Area" prepared by The Morin-Cameron Group, Inc.,
G dated July 1, 2021 and filed with the Essex North District Registry of Deeds (the
"Rqgjst ")as Plan No. (the"Easement Plan")as:
(a) "Access Easement Area , for any and all purposes, including, without
limitation, (i)access, ingress and egress,travel to and from Sutton Street
v by all means including, all vehicles and pedestrians, (ii) to construct,
reconstruct, install, maintain, repair and replace an access way and
driveway and associated features and amenities, (iii) to construct,
d reconstruct,install,maintain,repair and replace sidewalk,curbs,retaining
and/or decorative walls, landscaping, drainage, irrigation, utilities,
lighting and signage, and (iv) to construct, reconstruct, install, maintain,
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s0 repair and replace above ground and/or underground, utilities and
drainage structures;
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(b) "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; and
(c) "Entranceway Easement Area", for the purpose to construct, reconstruct,
maintain, repair and replace decorative and/or retaining wall(s),
landscaping,drainage,irrigation,utilities,lighting and signage.
The above (a), (b) and (c) areas are collectively referred to herein as the
"Access/Common Easement Areas". The final definitive location of
Access/Common Easement Areas 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 Access/Common Easement Areas 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
Access/Common Easement Areas, 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.
Sutton shall maintain the Access Easement Area in a commercially reasonable
manner, including removal of snow, ice and debris therefrom. In connection
with Sutton's maintenance of the Access Easement Area it shall have the right,
but not obligation, to enter upon, repair and maintain the area shown on the
Easement flan as "Drainage Area". Sutton shall have the right and easement,
but not obligation, to remove any obstruction in, on or about the Access
Easement Area. 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.
2. The exclusive, perpetual rights and easements, for the benefit of the Retained Land,
Sutton and those claiming by, through or under Sutton, in, to, over and under that
portion of the Premises, substantially as shown as"Exclusive Easement Area"on the
Easement Plan(the"Exclusive Easement"). The Exclusive Easement Area shall have
the benefit of, and may be used for any and all purposes, including, for example,
without limitation, (a) maintenance, repairs, construction, staging, curbing, parking,
striping, travel, landscaping, retaining and other walls, footings, foundations,
drainage, irrigation, utilities, lighting and signage, (b) the installation, maintenance,
repair and replacement of above ground and/or underground, utilities and drainage
structures, (e) access, ingress and egress to and from the Retained Land, including,
without limitation, to and from the Access/Common Easement Areas, by all means
including,all vehicles and pedestrians,(d)pedestrian access,ingress and egress to and
from Surrey Drive, and (e) passenger vehicle access and egress to Surrey Drive The
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final definitive location of Exclusive Easement Area shall become established by and
upon the completion and erection thereof and substantially as shown on the Easement
Plan.
The Town covenants and agrees not to relocate or reconfigure, or seem judicial approval to
relocate or reconfigure, the Access Easement Area, Entranceway Easement Area or Exclusive
Easement Area, without the Sutton's prior written approval, which approval may be denied in
Sutton's sole discretion.
In the event Sutton or an affiliate of Sutton acquires any additional land contiguous, adjacent to
or in the vicinity to the Retained Land, Sutton shall have the right to grant such additional land
the benefit of the easements and rights granted herein, in and to the Access Easement Area,
Entranceway Easement Area and the Exclusive Easement Area,which shall in no event
constitute an overburdening of the easements.
Sutton hereby expressly disclaims any representations or warranties of any nature, express,
implied or otherwise. By accepting this Deed, the Town covenants and 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 21 E(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 and the acceptance of a donation or gift of the Premises was Authorized by
Article 8 of the 2018 Annual Meeting of the Town of North Andover held on May 15, 2018 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.
This conveyance is subject to the rights, reservations, covenants and agreements contained in a
deed from the Airport Commission of the City of Lawrence and the City of Lawrence to Knights
of Columbus Association, Inc., recorded in the Registry in Book 1027, Page 126 and confirmed
by a Confirmatory Deed, dated May 16, 2013, recorded with the Registry in Book 13569, Page
12.
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.
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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 remainder of the land described in the foregoing deeds not conveyed hereunder and being
shown as Lot 1A 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 �� 7
referred to herein as the"Retained Land".
All the terms, covenants 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.
The Premises are a portion of the land conveyed to Sutton by deeds recorded with the Registry
in Book 13569,Page 28 and Book 15680,Page 244.
ISignature page follows]
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EXECUTED as a sealed instruments this/6.,day of July, 2021.
SUTTON STREET REDEVELOPMENT, LLC
a Massachusetts limited liabi i any
y: over Real op e y Manager , no.,
s Manager d A ' ed R Es to ignatory
L uis P. Mimcucci, J
Its President and Tre surer
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss.
On this 1 day of July, 2021, before me, the undersigned notary public, personally
appeared Louis P. Minicucci, Jr., roved to me through satisfactory evidence of identification,
which were 11 driver's license, ersonally known to me or C1, personally known to a Yd 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.
G goy bU qr0 �� otary Pidblic p/
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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 Access/Common Easement Areas
and the Exclusive Easement Area 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.
TOWN OF NORTH ANDOVER,MASSACHUSETTS
a municipal corporation
By: Tt Select Board
Y
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss.
On this 2-day of July, 2021, before me, the undersigned notary public,personally appeared
14yk rK �A ,N—Ik proved to me through satisfactory evidence of identification, which were
0 driver's license, rsonally known to me or 0 personally known to a 3rd 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
* LAUFdEa.auazcW
Notary Pubifo,Cmwftweaffh of MamohLI"tts
Mty Conunfsskm Expires September 18,2027
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EXHIBIT A
LEGAL DESCRIPTION
The land with building thereon in North Andover,Massachusetts,being shown as Lot 2A on the plan
entitled"Plan of Land in North Andover,Massachusetts 0,477&SOS 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. (the"Plan"). Containing 57,338 s.f of land,
more or Iess, according to the Plan, reserving from the conveyance hereunder the `Exclusive
Easement" and the rights and easements in and to "Access/Common Easement Areas" described in
the Deed to which this Exhibit is attached. rrao�
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