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HomeMy WebLinkAboutHUMBLE OIL & REFINING COMPANYG;'N-$AL-NK-128 (REV. 2/21/62) FIEST EEFUSAL OPTION TO BUY AND LEASE DATE October 26, 1964 For and in consideration of the sum of One Doll'ar ($1.00) lawful money of the United States in hand paid at or before the delivery of this option, and other good and valuable considerations, receipt of which is hereby acknowledged, We, Harold k~. Trombly ~ ~ ? d/b/a Trombly ~ros. ~ Sutton St. North Andowr, ~ass. and Naomi E. Trombly, husband and wife hereinafter called the "Optionor", hereby gives and grants to HUMBLE OIL g REFINING CO~IPANY, a Delaware corporation, having an office at 1330 Boylston St. Boston., hereinafter called the "Optionee", an exclusive and irrevocable first refusal option to buy and first refusal option to lease all that lot, tract or parcel of land and premises with the buildings and improvements thereon and the appurtenances thereunto belonging, now owned by the Optionor, situate, lying and being in the ~ovm of North ~ndover , County of Essex , and State of Eass. , more particularly described as follows: Beginning on Sutton Strect at land now or formerly of John Shea at a point one hundr~d seventy-tb~ree and six tenths (173.6) feet South 57o6' West from a stone boum~d set on the Southeasterly line of said street; thence running South 33°10' East by said land one hundred and ninety-eight hundreths (100.98). f~eet to land or location of the Lawrence Branch of the Boston and ~aine -~ R~ilroad at a point forty-one and twentw-five hundredths (41.25) fe~t · 1Tortherly fr. om and on a line radial to ~he center line of the location of ~ said Bra~c.h, thence turning and running Westerly by said location on a curw, to the left h~:~ving a radius of on~ thousand two hundred four and ninety-five hundredths (1204.95)feet, one hundred eighty-four~i and three tenths (184.3) f~et to other land now or formerly of said Railroad at a point forty-one and twenty-five hundredths (~1.25) feet Northerly from and on a line radial to said center line at Station 1022~- 40.12 thereon; thence turning and running North 15© 58' 50'' West by said last named land fifty-seven and seven tenths (57,7) feet to said street; thence turning and running North 57°.~ feet East by said stre~.t one hundred fifty-nine (159) feet to the point of b~g~tng~, ~ Being the same land described in deed dated June 5~ 1923 from said Rsilroad to Oeacon Oil Compan~y, r~corded in the Essex Co~mty Regi'stry of Deeds (North District) in Book 4~0, Pag, k. 65, and said premises are conveyed subject to each and all of the conditions, restrictiions and limitations set forth in said deed if and so far as they may now be in force and applicable. Bing also the same land corveyed by Colonial Beacon Oil Company to Standar~.'~ 0il Company of New J~rsey by deed dated December 31, 19~7, recorded in said Registry of ~eeds in Book 707, Page 105; the Grantor herein is successor by merger to Lsso Standard Uil Compa~y, formerly known as Standard 0il Company of New Jersmy. During the term hereof Optionor will not sell, offer or agree, to sell or otherwise dispose of said premises or any part thereof nor will Optionor lease, off:~r or agre~ tb lease said premises or any part thereof unless Optionor shall have first.~eceived an acceptable bona fide offer (pertaining solely to the premises described above) for the purchase of said premises or an acceptable bona fide offer (pertaining solely to the premises described above) to lease said premises, and shall have notified Optionee in writing of the names of the party or parties making the ~same and the price, rentals, terms and conditions thereof; and Optionor agrees that Optionee shall thereupon have the prior right to purchase said premises or lease said premises, as the case may be, at the same price or at the same rentals and upon the same terms and conditions as are contained in said offer. Said right may be exercised at any time within sixty (60) days after Optionee's receipt of such ~rritten notice of said offer. Optionee's afore- mentioned right may be exercised by mailing on or before the last of said sixty-day period written notice of such exercise to Optionor by registered or certified mail addressed to Optionor at the address above given; and such notice. ;hall be deemed valid and effective whether or not the same xn fact is actuallY delivered ti Optionor. Upon the exercise of the option to buy, Optionee shall have a period of thirty ~ days thereafter before being obliged to make payment or accept title to the premises unless by the terms and conditions of said offer a perio.d of more than thirty (30) days is specified for the closing, in which case Optionee shall have such longer period. Within ten (10) days of the exercise of the option to lease, Optionor and Optionee shall enter into a written lease at the same rentals and upon the same terms and condi- tions as are contained in said offer. If Optionee fails to exercise its said right to purchase or its said right to lease and for any reason Optionor shall not thereafter sell or convey said premises or lease said premises to the party or parties making said offer at the price or at the rental and upon the terms and conditions thereof, the foregoing conditioned prohibition against Optionor's sale or lease or other disposition of said premises shall coni~nue in full force and effect and Optionee's said prior right of purchase and to lease shall apply- with respect to any new offer for said premises, all as more particularly provided above. The term of this option shall con,hence on the date hereof and shall expire at 9:00 p.m. on the date on which the contract dated between and Optionee covering the sale of Optionee's motor fuel shall terminate. The covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns. IN P/ITNF. SS ~r~p~OF this option has been duly executed, sealed and delivered the day and year first above written. WITBESS: /s/ Charles W..Trombly /s/ Harolw W. Trombly (Optionor) /s/ Naomi E. Trombly (L.S.) (L.S.) Wife (Husband) of Optioner (Both'Owner and Spouse Must Sign) Affix Corporate Seal OR ATTEST: (Corporate Name of Optionor) By Secretary President [Incorporate Here the Acknowledgment of the Optionor, Individual or Corporate as the case may be, in the statutory form of the state where the property is situated.) COLfi<Oi~%ALTH OF I~,~$$ACh'USETTS ss. z%4 Then personally appeared the abov~ named Harold W. TPombly an~ Naomi E. Trombly and ac~owledge the foregoing instr~ent to be their free act and deed~ before me. /s/ Charles W. Trombly.  CH~L~ W. TRO~.~BLY . NOTARY PUBLIC