HomeMy WebLinkAbout2005/06/15 - Street Acceptance Documents - Delucia Way IC
IT
LLP
CAROL HAJJA Mc_'G E Telephone 6117-338-,2200 Andover
F COUNSEL Teleco ier 6 7-338-01,22 Telephone 7 5 552
Lincoln Daley
Town anner
mEt,EIVED
Town of North Andover 17 2,005
400 Osgood, Street I JUN 1
Andover, 4 NORTH ANDOVER
PLANNING,DE RT
STREETACCEPTANCE DOCUMENTS
EUCA WAY
Fa REST VIEW ESTATES
Dear co
Enclosed are the following documents for signature by the Board of Selectmen:
Sewer Easement—DeL,ucia Way
.. Confin-n tory Form Easement. Forest View Estates
3. Deed to Pump Station Parcel—Forest View Estates
Please rate.rn the on*gin i documents to me after the Board of Selectmen have signed and
their signatures have been notarized.
fyou have any questions, eas let me kiiow.
Very truly yolurs,
Carol Hajjar ravey
CHM:kmp
CONFIRMATORY
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
15 Flanders Rd, Suite 170
Pulte Homes of New England LLC_,(Name of owner)of e tb o r ou h MA ,(address)County,
Massachusetts for the consideration of$1,00 ,hereby grants,transfers 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
Fore. I—Ylew Subdivis ion ,dated S ee Exhib it A ,said plan is made and said plan
is incorporated herein for a complete and details description of said roads.
Exhibit B
B. The perpetual rights and easements to use forPur o s e s set f o r th on (describe
use/purpose) the following parcel of land situated on Rt e 114 (Street) in said
Town of North Andover and bounded and described as follows: Turnpi e
As Shown on said Plan, Being located on the following described land: being land bounded as
follows: northeasterly by Turnpike Street, easterly by land of Schneider, southerly,
westerly and northerly by land of Commonwealth of Massachusetts (Harold Parker State Forest)
all as more art' 'be in deeds to Pulte Homes of New England, LLC set forth in Exh. C
pr �� w� ntiat t e 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 grantor's title see deed from see exhibit C dated , 20 , and recorded in
District Registry of Deeds,Book ,Page ,or under Certificate of Title
No. , registered in District of the Land Court, Book ,
Page
This is not a homestead property.
To be completed if a mortgage exists:
And N/A the present holder of a mortgage on the above
described land, which mortgage is dated , 20 , and recorded in said Deeds,
Book 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.
Pulte Homes of New England, LLC
N/A
Authorized signature of Mortgage _ owner
B RELt ick t:efte Authorized Signatory
IN WITNESS WHEREOF we have hereto set ourLnds and seal this ' day of
April ,20 45
COMMONWEALTH OF MAS SACHUSETTS
Worcester SS 2005
--
On this . fX�day of April , 2005, before me, the undersigned notary public, personally
appeared appearedxk= as authorized-signatoryfor Pulte Homes of New En land LLC
(name of document signer),proved to me through satisfactory evidence of identification,
which were Personally known to me.to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that(he) (she) signed it
p g g
voluntarily for its stated purpose, and he had the authority to sign at the capacity.
*Patrick Cone
tfry Public//-�Iv-/L y,
} My
s Af%Commission Expires
N�-. .
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`M•• a .Ex�a� as
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NOTE: This Conveyance is not effective until accepted by town Meeting. '� '•�-°
►A R
Exhibit A
FOREST VIEW SUBDIVISION PLANS
Plan I: A Plan of land entitled "Definitive Subdivision Plans for Forest View Subdivision,Route
114ISalem Turnpike,North Andover, Massachusetts"dated September 27, 1997,Prepared for:
Mesiti Development Corporation, Drawn by: MHF Design Consultants, Inc. said plan being
recorded with the Essex North District Registry of Deeds as Plan Number 13362 and consisting
of sheets I through 12, labeled on the plans as Sheets I-I I and I 1 A(hereinafter referred to as
"Plan I");
Plan II: A Plan of land entitled"Definitive Subdivision Plan, Forest View Estates, Salem
Turnpike, Route 114,North Andover, Massachusetts, 01845"dated October 6, 1997, Prepared
for: Mesiti Development Corporation,Drawn by: MHF Design Consultants,Inc. said plan being
recorded with the Essex North District Registry of Deeds as Plan Number 13727 and consisting
of sheets I through 5, labeled on the plans as Sheets 4, 5, 8, 9, and 10(hereinafter referred to as
"Plan II");
Plan III: A Plan of land entitled "Plan of Land, Forest View Estates,North Andover, MA"dated
April 14, 2000, Prepared for: Pulte Home Corp. of New England, Drawn by: Marchionda&
Associates, L.P.. said plan being recorded with the Essex North District Registry of Deeds as Plan
Number 13761 and consisting of sheets I through 3, labeled on the plans as Sheets I of 3, 2 of 3,
and 3 of 3 (hereinafter referred to as"Plan II");
Plan IV: A Plan of land entitled"Plan of Land,Forest View Estates, Salem. Turnpike—Route
114,North Andover,Massachusetts 01845"dated November 16, 1999, Prepared for: Mesiti
Development Corporation,Drawn by: MHF Design Consultants, Inc. said plan being recorded
with the Essex North District Registry of Deeds as Plan Number 13714 and consisting of sheets I
of 1, labeled on the plans as Sheet 1 of I (hereinafter referred to as"Plan IV");
Plan V: A Plan of land entitled "Plan of Land,Forest View Estates,North Andover,MA"dated
May 5,2000, Prepared for: Pulte Home Corp. of New England,Drawn by: Marchionda&
Associates,L.P. said plan being recorded with the Essex North District Registry of Deeds as Plan
Number 13861 and consisting of sheet I of 1, labeled on the plans as Sheet I of I (hereinafter
referred to as"Plan V");
Plan VI: A Plan of land entitled"Plan of Land, Forest View Estates,North Andover, MA"dated
March 19, 2001, Prepared for: Mesiti Development Corp., Drawn by: Marchionda&Associates,
L.P. said plan being recorded with the Essex North District Registry of Deeds as Plan Number
14381 and consisting of sheet I of 1, labeled on the plans as Sheet 1 of I (hereinafter referred to
as"Plan VI"); and
Plan VYI: A plan of land entitled "Street Layout Plan for Forest View Estates in North Andover,
MA"Prepared for The Town of North Andover, 120 Main Street,North Andover,Mass.,
Prepared by Marchionda&Associates, L.P. Engineering and Planning Consultants, 62 Montvale
Avenue, Suite 1, Stoneham, MA 02180,Date: 1/27/05, Scale 1"=40', and recorded with the
Essex North District Registry of Deeds herewith as Plan Number
r.
EXHIBIT B
EASEMENTS
SEWER EASEMENTS
A non exclusive easement in common with all other entitled thereto including the
perpetual rights and easement to construct, inspect, repair, remove, replace, operate and
forever maintain a sanitary sewer or sewers with any manholes, pipes, conduits, and other
appurtenances (and to do all other act incidental to the foregoing, including the right to
pass along and over for the aforesaid purposes, in, through and under the whole of all of
the roadways as shown on the plans referenced in Exhibit A (hereinafter, collectively,the
Plan), and all of the access easement areas shown the Plan) in all sewer easement areas
shown on the Plan, including, without limitation,the following:
I. "Ex. 20' Sewer Easement" over portions of Lots 58A, 59A, 89A and 90A
as shown on Sheet 3 of 3 of Plan III affecting 5,357 ± s.f. of land (Plan
VII, Sheet I of 4);
2. "Pr. Sewer Easement" over Parcel `H' open Space as shown on Sheet I of
I of Plan VI affecting 8,202± s.f. of land (Plan VII, Sheet I of 4);
3. "20' wide Sewer Easement" over portions of Lots 8, 9, 10, and 13 and
Parcel `B' open Space as shown on Sheet 9 of Plan I and as shown on
Sheet 9 of Plan II, and over portions of Lots 11 A and 12A as shown on
Sheet 2 of 3 of Plan III, and as shown as "Ex. 20' wide Sewer Easement
(Typ.)" over portions of Parcel `B-3' open Space and Lots 8, 9, 10, 1 1A,
12A. and 13 on Sheet 1 of 1 of Plan VI affecting 27,416± s.f. of land (Plan
VII, Sheet I of 4); and
4. "Ex. 20' wide Sewer Easement" over portions of Lots 68A, 69A, 81 A and
82A as shown on Sheets I and 2 of 3 of Plan III affecting 4,446± s.f, of
land (Plan VII, Sheet 3 of 4).
Meaning and intending hereby to convey such perpetual easement rights for all sewer
purposes in and to all areas marked on the Plan as "Sewer Easement" whether or not
enumerated herein.
No CUT BUFFER EASEMENT
A non exclusive easement in common with all other entitled thereto to enforce a 40 foot
"No Cut Buffer" in all 40 foot no cut buffer areas shown on the Plan, including, without
limitation,the following:
Lots 47, 48, 49, 50, 51, 56 and 92, and open Space Parcel `E"
Meaning and intending hereby to convey such perpetual easement rights to enforce a 40
foot no cut buffer in and to all areas marked on the Plan as "40' No Cut Buffer"whether
or not enumerated herein.
DRAINAGE EASEMENTS
A non exclusive easement in common with all other entitled thereto including the
perpetual rights and easements to construct, inspect, repair, remove, replace, operate and
forever maintain surface and groundwater drain or drains with any manholes, pipes,
conduits, and their appurtenance, (and to do all other acts incidental to the foregoing,
including the right to pass along and over for the aforesaid purposes, in, through, and
under the whole of all of the roadways as shown on the Plan and all of the access
easement areas shown on the Plan), in all drainage easement areas shown on the Plan,
including, without limitation,the following:
I. "Proposed Drainage Easement" over a portion of Lot 5 5A and open Space
Parcel `D-2" as shown on Sheet 1 of 1 of Plan V and shown as "Drainage
& Access Easement" on plan VII Sheet 1 of 4, affecting 11,868 ± s.f. of
land (Plan VII, Sheet I of 4);
2. "20' Drainage Easement" over portions of Lots 39 and 40 and open Space
Parcel `C' as shown on Sheet 6 of Plan I affecting 5,674+ s.f. of land
(Plan VII, Sheet 2 of 4);
3. "20' wide Drainage Easement" over a portion of Lot 88 as shown on
Sheet 5 of Plan I, "Ex. 20' Drainage Easement" over portions. of Lot 89A
and Parcel `F-2' as shown on Sheet 3 of 3 of Plan III, and "Ex. 20' Wide
Drainage Easement" over portions of Lots 59A and 60A as shown on
Sheet 3 of 3 of Plan III affecting 5,277± s.f. of land (Plan VII, Sheet 3 of
4);
4. "20' wide Drainage Easement" over portions of Lots 9 and 10 as shown
on Sheet 9 of Plan I and as shown on Sheet 9 of Plan II affecting 2,300
s.f. of land (Plan VII, Sheet 3 of 4);
5. `Drainage Easement" over Lot 2 and Parcel `B' open Space as shown on
Sheets 8 and 9 of Plan I and as shown on Sheets 8 and 9 of Plan II, and
over Parcel `B-3" open Space as shown on Sheet 1 of 1 of Plan VI and
over a portion of Parcel `D' open Space as shown on Sheet I of I of Plan
VI and "20' Wide Drainage Easement" over a portion of Lot 15 as shown
on Sheet 8 of Plan I and as shown on Sheet 8 of Plan II, all when taken
together and being a single easement, affecting 96,143 ± s.f. of land (Plan
VII, Sheets I & 3 of 4);
6. "Drainage and Access Easement" over portions of open Space Parcel `A.'
as shown on Sheets 4 and 5 of Plan I, and as shown on Sheets 4 and 5 of
Plan II affecting 14,966 ± s.f. of land (Plan VII, Sheet 4 of 4); and
7. "Drainage Easement" over a portion of Lot 21 as shown on Sheet 4 of
Plan I and as shown on Sheet 4 of Plan II affecting 8,020 ± s.f. of land.
(Plan VII, Sheet 4 of 4).
Meaning and intending hereby to convey such perpetual easement rights for all drainage
purposes in and to all areas marked on.the Plan as "Drainage Easement" whether or not
enumerated herein.
ACCESS EASEMENTS
A non exclusive easement for public access in common with all others entitled thereto
including the perpetual rights and easements to construct, inspect, repair, remove,
replace, operate and forever maintain means of pedestrian access (including, without
limitation, pedestrian trails) in all of the Access Easement Areas shown on the Lots and
on open Space Parcels A, B, C, D, E, P, and G on the Plan, including, without limitation,
the following:
1. "Access Easement" over a portion of Lot 42 as shown on Sheet 6 of Plan I
affecting 1,890± s.f. of land (Plan VII, Sheet 1 of 4);
2. "Existing 20' Access Easement" over a portion of Lot 46A as shown on
Sheet I of 1 of Plan V affecting 1,908 ± s.f. of land (Plan VII, Sheet 1 of
4);
3. "20' Access Easement" over a portion of Lot 38 as shown on Sheet 6 of
Plan I affecting 1,161 ± s.f. of land (Plan VII, Sheet 2 of 4);
4. "20' Access Easement" over a portion of Lot 30 as shown on Sheet 5 of
Plan I and as shown on Sheet 5 of Plan II affecting 1,662± s.f, of land
(Plan VII, Sheet 2 of 4);
5. Access Easement over portions of open Space Parcel `A.' designated as
"Drainage and Access Easement" as shown on Sheets 4 and 5 of Plan I,
and as shown on Sheets 4 and 5 of Plan II affecting 14,966± s.f. of land
(Plan VII, Sheet 4 of 4); and
Meaning and intending hereby to convey such perpetual easement rights for access in and
to all areas marked on the Plan as "Access Easement" whether or not enumerated herein.
Notwithstanding any other provision of the foregoing, the Town of North Andover,
including its employees, contractors, licensees and designees (but expressly excluding the
general public) shall have the right tin common with all others entitled thereto including
those to whom Grantor may have granted such motor vehicle and equipment usage
rights)to exercise its non-exclusive access rights over the foregoing areas by mean of
motor vehicles and other equipment for purposes of utilizing many of the other easement
rights described in this instrument.
FEE INTEREST IN STREETS
The fee interest in, subject to the rights of all others entitled thereto, in and to all of the
roadways as shown on the Plan, which streets are more particularly described in
Exhibit D, namely:
Arnberville Road
Anvil Circle
Garnet Circle
Palomino Drive
EXHIBIT C
FOREST VIEW ESTATES TITLE REFERENCES
For Grantor's title, see:
I. Quitclaim Deed from. Mesiti-Moore's Falls, LLC to Pulte Home Corporation
of New England recorded at the Essex North District Registry of Deeds at
Book 5793, Page 267;
2. Quitclaim Deed from.Mesiti-Moore's Falls, LLC to Pulte Home Corporation
of New England recorded at the Essex North District Registry of Deeds at
Book 5942, Page 304;
3. Quitclaim Deed from Mesiti-Moore's Falls, LLC to Pulte Home Corporation
of New England recorded at the Essex North District Registry of Deeds at
Book 6428, Page 204;
4. Quitclaim Deed from Mesiti-Moore's Falls, LLC to Pulte Home Corporation
of New England recorded at the Essex North District Registry of Deeds at
Book 7144, Page 295; and
5. Quitclaim Deed from Mesiti-Moore's Falls, LLC to Pulte Home Corporation
of New England recorded at the Essex North District Registry of Deeds at
Book 7144, Page 298.
See Name Change certificate recorded at Book 7415, Page 41.
EXHIBIT D
STREET AND WAYS
AMBERVILLE ROAD
That certain street shown as Amberville Road,North Andover, Massachusetts, as shown
on a plan entitled, "Street Layout Plan for Forest View Estates in North Andover, MA
Prepared for The Town of North Andover, 120 Main Street,North Andover, MA, drawn
by Marchionda& Associates, L.P. Engineering and Planning Consultants, 62 Montvale
Avenue, Suite 1, Stoneham, MA 02180, dated January 27, 2005, Scale 1"40' and
recorded with the Essex.North District Deeds as Plan No. ,being more
particularly described as follows.-
Beginning at a drill hole in a stone bound set;
thence S 5 5°17'29"E a distance of 113.70'to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 5 8.49', with a radius of 3 0.00',
to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 92.80', with a radius of
125.001,to a drill hole in a stone bound set;
thence S29°31'49"E a distance of 78.42' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 79.60', with a radius of
13 8.00',to a drill hole in a stone bound set;
thence S 62°3 4'5 0"E a distance of 206.5 3' to a drill hole in a stone bound set;
thence with a curve turning to the right with an are length of 285.13', with a radius of
175.00', to a drill hole in a stone bound set;
thence S30°46'17"W a distance of 81.70' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 292.99', with a radius of
3 5 0.00',to a drill hole in a stone bound set;
thence S 17'11'29"E a distance of 121.10'to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 204.13', with a radius of
425.001,to a drill hole in a stone bound set;
thence S44°42'3 8"E a distance of 390.74' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 86.19', with a radius of
600.001, to a drill hole in a stone bound set;
thence S 52'5 6'28"E a distance of 143.5 d' to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 1 64.92', with a radius of
3 75.00', to a drill hole in a stone bound set;
thence S 27°44'3 5"E a distance of 71.8 0' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 1 60.08', with a radius of
325.00, to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 5 8.5 3', with a radius of
125.00',
to a drill hole in a stone bound set;
thence S82°47'29"E a distance of 23.28' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 42.1 6', with a radius of 30.00',
to a drill hole in a stone bound set;
thence N 16°41'13"E a distance of 1.00%
thence with a curve turning to the left with an arc length of 101.65', with a radius of
310.00',to a drill hole in a stone bound set; thence with a curve turning to the left
with an arc length of 42.25', with a radius of 30.00', to a drill hole in a stone bound set;
thence N82°47'29"W a distance of 23.28' to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 81.94', with a radius of
175.0011,to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 184.71', with a radius of
375.001,to a drill hole in a stone bound set;
thence N27°44'3 5"W a distance of 71.80'to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 142.93', with a radius of
325.001,to a drill hole in a stone bound set;
thence N52°56'28"W a distance of 143.56'to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 93.3 7', with a radius of
650.001, to a drill hole in a stone bound set;
thence N44°42'38"W a distance of 390.74' to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 228.13', with a radius of
47 5.00', to a drill hole in a stone bound set;
thence N 17'1129"W a distance of 121.10' to a drill hole in a stone bound set;
thence with a curve turning to the right
with an are length of 3 3 4.8 5', with a radius of 400.00',
to a drill hole in a stone bound set;
thence N30°46'17"E a distance of 81.70' to a drill hole in a stone bound set.,
thence with a curve turning to the left with an arc length of 203.66', with a radius of
125.001, to a drill hole in a stone bound set;
thence N62°34'50"W a distance of 206.53' to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 108.45', with a radius of
188.001, to a drill hole in a stone bound set;
thence N29°31'49"W a distance of 78.42';
thence with a curve turning to the right with an arc length of 166.07', with a radius of
175.001, to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 41.96', with a radius of 3 0.00',
to a drill hole in a stone bound set; which is the point of beginning, having an area of
133,807 square feet ( 3.072 acres), more or less.
ANVIL CIRCLE
That certain street shown as Anvil Circle,North Andover, Massachusetts, as shown on a
plan entitled, "Street Layout Plan for Forest View Estates in North Andover, MA
Prepared for The Town of North Andover, 120 Main Street,North Andover, MA, drawn
by Marchionda & Associates, L.P. Engineering and Planning Consultants, 62 Montvale
Avenue, Suite I. Stoneham, MA 02180, dated January 27, 2005, Scale 1" 40' and
recorded with the Essex North District Deeds as Plan No. , being more
particularly described as follows:
Beginning at a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 27.74', with a radius of
175.001, thence S29°31'49"E a distance of 78.42';
thence with a curve turning to the left with an arc length of 0.24', with a radius of 188.00',
to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 52.57', with a radius of 30.00',
to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 74.9 F, with a radius of
125.001, to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 31.04', with a radius of 30.00',
to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 297.77', with a radius of
60.001, to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 25.60', with a radius of 30.00',
to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 13 5.96', with a radius of
175.001, to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 40.21', with a radius of 30.00',
to a drill hole in a stone bound set;
which is the point of beginning, having an area of 19,252 square feet (0.442 acres), more
or less.
GARNET CIRCLE
that certain street shown as Garnet Circle,North Andover, Massachusetts, as shown on a
plan entitled, "Street Layout Plan for Forest View Estates in North Andover, MA.
Prepared for The Town of North Andover, 120 Main Street,North Andover, MA, drawn
by Marchionda& Associates, L.P. Engineering and Planning Consultants, 62 Montvale
Avenue, Suite 1, Stoneham, MA 02180, dated January 27, 2005, Scale 1" 40' and
recorded with the Essex forth District Deeds as Plan No. , being more
particularly bounded and described as follows:
Beginning at a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 102.61', with a radius of
400.001, to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 43.28', with a radius of 30,00',
to a drill hole in a stone bound set;
thence N 83°59'58"w a distance of 14.04' to a drill hole in a stone bound set.,
thence with a curve turning to the left with an arc length of 176.73', with a radius of
3 5 0.00', to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 108.91', with a radius of
350.001, to a drill hole in a stone bound set;
thence S 84°5 3'51"w a di stance of 9 5.7 8' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 46.28', with a radius of
125.00', to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 3 7.5 3', with a radius of 30.00',
to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 295.23', with a radius of
60.00'1 to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 21.74', with a radius of 3 0.00',
to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 99.25', with a radius of
175.001, to a drill hole in a stone bound set;
thence N 84°5 3'51"E a distance of 95.78' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 93.3 5', with a radius of
300.001, to a drill hole in a stone bound set;
thence with a curve turning to the right with an.arc length of 201.98', with a radius of
400.00', to a drill hole in a stone bound set-
thence S 8 3°5 9'5 8"E a distance of 14.04' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 43.28', with a radius of 30.00',
to a drill hole in a stone bound set;
which is the point of beginning,having an area of 37,469 square feet, 0.860 acres.
PALOMINO DRIVE
That certain street shown as Palomino Drive,North Andover, Massachusetts, as shown
on a plan entitled, "Street Layout Plan for Forest View Estates in North Andover, MA
Prepared for The Town of North Andover, 120 Main Street,North Andover, MA, drawn
by Marchionda& Associates, L.P. Engineering and Planning Consultants, 62 Montvale
Avenue, Suite 1, Stoneham, MA 02180, dated January 27, 2005, Scale 1" 40' and
recorded with the Essex North.District Deeds as Plan No. , being more
particularly bounded and described as follows:
Beginning at a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 48.33', with a radius of 30.00',
to a drill hole in a stone bound set;
thence S 3 5°5 8'5 0"W a distance of 118.07'to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 5 3 8.24', with a radius of
375.001, to a drill hole in a stone bound set;
thence S 46'15'21"E a distance of 402.11' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 101.14', with a radius of
300.001, to a drill hole in a stone bound set;
thence S 65°34'22"E a distance of 73.77'to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 349.46', with a radius of
325.001, to a drill hole in a stone bound set;
thence S 03°5 7'54"E a distance of 5 9.74' to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 117.14', with a radius of
325.00', to a drill hole in a stone bound set;
thence S 16°41'l3"W a distance of 55.55' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 98.36', with a radius of
260.001, to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 29.18', with a radius of 30.00',
to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 297.98', with a radius of
60.001, to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 26.15', with a radius of 3 0.00',
to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 123.31', with a radius of
310.005
thence N 16°41'l 3"E a distance of 5 5.5 6' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 99.12', with a radius of
275.00', to a drill hole in a stone bound set;
thence N 03°57'54"W a distance of 59.74' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 295.70', with a radius of
275.001, to a drill hole in a stone bound set;
thence N 65°34'22"W a distance of 73.77' to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 118.00', with a radius of
350.001, to a drill hole in a stone bound set;
thence N 46'15'21"W a distance of 402.11' to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 610.00', with a radius of
425.001, to a drill hole in a stone bound set;
thence N 3 5°5 8'5 0"E a distance of 121.2 l' to a drill hole in a stone bound set;
thence with a curve turning to the left with an arc length of 46.62', with a radius of 3 0.00',
to a drill hole in a stone bound set;
thence with a curve turning to the right with an arc length of 110.75', with a radius of
4760.001, to a drill hole in a stone bound set;
which is the point of beginning, having an area of 110,766 square feet, (2.543 acres),
more or less.
- - - - - END OF DOCUMENT - - - - -
I
APPROVAL OF SELECTMEN
We, the undersigned Board of Selectmen of the Town of North Andover,
Massachusetts approve the foregoing conveyance to said Town.
Commonwealth of Massachusetts
Essex, ss. , 2005
On this day of , 2005, before me, the undersigned notary public,
personally appeared
proved to me through
satisfactory evidence of identification, which was , to be
the person whose name is signed on the preceding or attached document, and
acknowledged to nee that they signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires
sAwp511workln-and0velstreet acceptanceslapprovai of seiectmen.doc
GRANT OF EASEMENT
I, Stephen M. Smolak, Trustee of S. & S Realty Trust uld/t dated May 20, 1999,recorded with
the Essex South District Registry of Deeds in Book 15686, Page 18,having a mailing address of
762 Dale Street, Andover, NIA 01845,
for consideration paid and in full consideration of less than one hundred and 001100 ($100.00)
dollars,
grant to the inhabitants of the TOWN OF NORTH ANDOVER, MASSACHUSETTS,
with QUITCLAIM COVENANTS
The right and easement in a 15 foot sewer easement being the area designated as"Sewer
Easement"on Lot 59 Lot 6 and Lot 1 A as shown on a plan of land entitled"Definitive Subdivision
Plan, `Delucia way' located in North Andover, MA"Record Owner&Applicant: Right Now
Realty Trust, P.D. Box 985, Kingston, N.H. and M.D.B. Realty Trust, 415 Waverly Rd., No.
Andover, Christiansen& Sergi, Professional Engineers and Land Surveyors, 160 Sumner Street,
Haverhill., MA 01830, Sate; March 9, 2001,Revised: 5/29/01 and recorded with the Essex North
District Registry of Deeds as Plan Dumber 14155 and also as shown on plan of land entitled.
"Street Acceptance Plan., Delucia way in forth Andover, Massachusetts, Prepared for Stephen
Smolak by Engineering and Surveying Services, 70 Bailey Court, Haverhill, MA 01832"dated
March 17, 2004,to be recorded herewith. With regard to the above easement,the Town of
North Andover shag forever have the right to construct, maintain, repair and replace sewer pipes,
sewer lines, and sewer works therethrough and thereunder, and to make such entries thereon and
therein as may from time to time be necessary or convenient for such purposes and other
municipal purposes.
See Exhibit A attached hereto for a more particular description.
Being a portion of the premises conveyed to Grantor by deed of James T. Dufresne, Trustee of
Right Now Realty Trust dated November 19, 2001, recorded with the Essex North district
EXHIBIT A
DELUCIA WAY
SOUTHERN SEWER EASEMENT
Beginning at an iron rod set on the lot corner of Lot 3 on the southwest end of Delucia Way
gunning South 11° 0 8' 3 8" East for 2 0.5 0 feet along the lot line
then running Easterly along an are with a Length of 42.83 feet and with a Radius of 75.00 feet
then.running Easterly along an arc with a Length of 20.20 feet and with a Radius of 15.00 feet
then running South 71° 44' 13" East for 158.25 feet to an angle point
then running North 18° 15'47" East for 15 feet to Delucia Way
then running along Delucia Way North 71' 44' 13" West for 158.25 feet to a stone hound
then running Westerly along an arc with a Length of 40.40 feet and with a Radius of 30.00 feet to
a stone bound
then running along an arc with a Length of 21.75 feet and with.a Radius of 60.00 feet to the lot
corner at the point of beginning.
"Total area is 3,316 square feet,
NORTHERN SEWER EASEMENT
Beginning at an iron-rod set on the lot corner of Lots 4 and 5 on the northwest end of Delucia
Way running North 08° 50' 15" East for 15.00 feet along the lot line
then.running Easterly along an arc with a Length of 12.34 feet and with a Radius of 75.00 feet
then running South 71° 44' 13" East for 246.00 feet to an angle point
then running South 18° 15'47" West for 15 feet to Delucia Way
then running along Delucia Way North 71' 44' 13" West for 246.00 feet to a stone bound
then running along an arc with a Length of 9.87 feet and with a Radius of 60.00 feet to the lot
corner at the point of beginning.
Total Area is 3,857 square feet.
APPROVAL OF SELECTMEN
We, the undersigned Board of Selectmen of the Town of North Andover,
Massachusetts approve the foregoing conveyance to said Town.
Commonwealth of Massachusetts
Essex, ss. , 2005
On this day of , 2005, before me, the undersigned notary public,
personally appeared
proved to me through
satisfactory evidence of identification, which was , to be
the person whose name is signed on the preceding or attached document, and
acknowledged to me that they signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires
s:Iwp5I\workln-andovelstreet acceptanceslapproval of selectmen.doc
QUITCLAIM DEED
Mesiti-Moore's Falls, LLC a Massachusetts Limited Liability Company with its
usual place of business at 101 Andover Bypass, Suite 300,North Andover, Massachusetts
For consideration paid and in full consideration of less than One Hundred
($100.00) Dollars
The Inhabitants of the Town of North Andover a Massachusetts Municipal
Corporation (Grantee) of 120 Main Street, North Andover, Massachusetts 01845
With Quitclaim Covenants
That certain parcel of land together with the buildings and improvements thereon,
including without limitation the sewer pump station and being shown as Parcel `H' Open
,0 Space on a plan entitled, Plan of Land, Forest View Estates North Andover, MA Prepared
for Mesiti Development Corp. dated March 19, 2001, Scale 1" = 50', and recorded with
said Deeds as Plan No. 143 81.
0
Z
The above parcel is designated "Not a Building Lot" and contains 6,502 square
� feet of land, (0.14) acres, more or less, according to said plan." Said lot contains the
w Pump Station and is conveyed subject to a Sewer Easement as shown on said Plan.
� p Y �
For Grantor's Title see Deeds recorded at Book 4886, Page 292 and Book 5039,
w Page 249.
° This is a conveyance in the ordinary course of business and is not in contravention
of the filed Certificate of Organization for the Limited Liability Company, as it may be
amended. Neither this instrument nor any other record at the Registry of Deeds discloses
..� anything in contravention of MGL c. 170 C § 66 and the grantor limited liability
x company appears from the records of the Office of the Massachusetts Secretary of State
to exist.
IN witness whereof the said Mesiti-Moore's Falls, LLC has caused its seal to be
Cn hereto affixed and in these presents signed y
0
its Manager,this�_day of ) 2005.
Mesiti-Moore's Falls, LLC
lanager
C:IDaCUME-1IHELENILOCALS-1ITempldeed-mesiti-na-parcei h-pump station,doc
COMMONWEALTH OF MASSACHUSETTS
County of Essex, ss.
On this day of April, 2005, before me, the undersigned notary public,
personally appeared, Kenneth Clrandstaff, Manager of Mesiti-Moore's Falls, LLC,
Authorized Signatory, proved to me through satisfactory evidence of identification being
that he is personally known to me to be the person whose name is signed on the
preceding document and acknowledged to me that he signed it vroluntarily for its stated
purpose and was duly authorized to sign in such capacity.
Notary Public
My Commission Expires: .
C:IDOCUME-1\HELEN1LaCALS-1ITempldeed-mesiti-na-parcel h-pump station.doc
p
,r
APPROVAL OF SELECTMEN
We, the undersigned Board of selectmen of the Town of North Andover,
Massachusetts approve the foregoing conveyance to said Town.
Commonwealth of Massachusetts
Essex, ss. , 2005
On this day of , 2005, before me, the undersigned notary public,
personally appeared
proved to me through
satisfactory evidence of identification, which was , to be
the person whose name is signed on the preceding or attached document, and
acknowledged to me that they signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires
s:lwp511workln-andov6street acceptanceslapproval of select men.doc