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HomeMy WebLinkAboutDecision - 193 FOSTER STREET 5/25/1999 TEMPORARY GRADING EASEMENT AGREEMENT The Town of North Andover, a municipal corporation duly organized under the laws of v the Commonwealth of Massachusetts, through its Conservation Commission, (hereinafter called the "Grantor"), for consideration paid of less than One Hundred($100.00)Dollars, the receipt and sufficiency of which is hereby acknowledged, hereby grants to the Fleet National Bank, Trustee d of Foster Trust u/d/t dated May 30, 1985 recorded with the Essex North District Registry of Deeds at Book 1985, Page 207 of 75 State Street, Boston, Massachusetts 02109 (hereinafter called the "Grantee"), its successors and/or assigns, the temporary right and easement to access and regrade a five-hundred and ninety square foot area of land (hereinafter called the "Easement �- Area") shown as "Proposed Grading Easement from Town" on an unrecorded plan of land entitled 0.J "D "Septic System Repair Design, Map 104D, Lot 42" dated December 9, 1998 and revised January 6, 1999 relating to 193 Foster Street, North Andover, Mass., and prepared for Owner/Applicant: r -' Foster Trust, 75 State Street, MABOF, 03U Boston, MA 02109, by Christiansen & Sergi, Professional Engineers, Land Surveyors, 160 Summer Street, Haverhill, MA 01830, Tel. 978- 373-0310," (hereinafter called the "Grading Plan"). y .J The Easement Area as described above constitutes a portion of the 36.887 acre parcel as --Z -j owned by the Grantor, abutting said Lot 42 on the above-referenced plan, the Grantor's land v being commonly known as Foster Farm, North Andover, Massachusetts and being more particularly described in a Deed dated September 24, 1998 as recorded at the Essex County North District Registry of Deeds at Book 5186, Page 255 and shown as Lot B on Plan Number 13321 (hereinafter referred to as "Grantor's Parcel"). Said access of the Grantee onto or in the Easement Area shall be solely for the purpose of regrading the Easement Area in connection with Grantee making repairs to the Grantee's Septic System at the parcel shown as Lot 42 on the Grading Plan, said 2.028 acre parcel being commonly known as 193 Foster Street, North Andover, Massachusetts and being more particularly shown as Lot D on said Plan No. 13321 and being described in the Deed dated March 26, 1999 as recorded at the Essex County North District Registry of Deeds at Book 5380, Page 24 ("Grantee's Parcel"). Said access to and regrading of the Easement Area shall be in compliance with the terms and conditions of that certain Order of Conditions as issued by the Town of North Andover, Conservation Commission with regard to DEP file number 242-944 as recorded at the Essex County North District Registry of Deeds on April 24, 1999 at Book 5376, Page 272. Both Grantor's parcel and Grantee's parcel are reflected as Lot B and D respectively on a plan entitled "Plan of Land Located in North Andover, MA. Record Owner & Applicant The Foster Trust, Scale: 1" = 100', Date: September 4, 1998, Christiansen & Sergi Professional Engineers, Land Surveyors, 160 Summer Street, Haverhill, MA 01830, TEL. 978-373-0310 being recorded at the Essex County North District Registry of Deeds on September 24, 1998 as Plan Number 13321. It is agreed and understood that Grantee shall have limited access to Easement Area for purposes of repair, replacement, and maintenance, as well as other operating requirements, in order to repair the Septic System on Grantee's Parcel in compliance with the Repair Design as approved by the Conservation Commission; and Grantee shall be permitted to remove, compile and/or alter the earth within the Easement Area in order to make the repairs to the Septic System at the Grantee's Parcel (hereinafter collectively referred to as the "Temporary Grading Easement"). Upon completion of the repair to the septic, Grantee shall make any and all - 2- reasonable efforts to return the Easement Area to its present condition as permissible without causing detriment to the Septic System as repaired. Said Temporary Grading Easement shall be on a non-exclusive basis, for the benefit and appurtenant to the Grantee's Parcel. All references to Grantor and Grantee and the foregoing grant of easements shall mean and include their respective successors and assigns, and any lessees, licensees, invitees or guests of either the Grantor or the Grantee and their respective successors and assigns, and the easements and rights as herein granted shall inure to the benefit of and be binding upon Grantor and Grantee, and, in each case, their successors and assigns, it being the intent of the parties that the benefit and burdens of the Temporary Grading Easement set forth therein are to run with the land, constituting Grantor's Parcel and Grantee's Parcel, respectively, during the life of this Easement until its termination in compliance with the terms and conditions as established herein. This Easement Agreement is subject to all easements, restrictions, conditions, reservations, agreements and other encumbrances of record, and insofar,as the same may be in force and applicable, as of the date hereof. The Grantee hereto agrees that Grantee shall not suffer or permit any mechanics' or materialman's liens claims to be filed against the lands of the Grantor in connection with any work performed under this Easement Agreement. Grantee hereby agrees to indemnify, defend and hold harmless Grantor, its successors and assigns, from and against any and all loss, claim, costs, damage, liability, fine, penalty or expense resulting from, directly or indirectly, allegedly or actually, the construction, installation, maintenance, use, repair, replacement or restoration of its Temporary Grading Easement. - 3 - r , This Temporary Grading Easement shall automatically expire upon the receipt of a Certificate of Compliance from the Town of North Andover Board of Health stating that the septic system as repaired is in compliance with Title V and the regulations promulgated thereunder. In witness whereof, the parties hereto have executed this Easement Agreement as a sealed instrument this day of May, 1999. GRANTOR: GRANTEE: Town of North Andover Foster Trust Conservation Commission by Fleet National Bank Trustee aforesaid B}c B 1 A ert P. nzi, Chairman yan McIyJ it ssistant Vic President Fleet National Bank, Trustee COMMONWEALTH OF MASSACHUSETTS ESSEX, SS May,�514 1999 Then personally appeared the above named Albert P. Manzi, in his capacity as Chairman of the North Andover Conservation Commission, and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of the North Andover Conservation Commission before me, Notary Public My commission expires: /. A/6-1 COMMONWEALTH OF MASSACHUSETTS SS May 1999 Then personally appeared the above named G. Bryan McNeil, in his capacity as Assistant Vice President of Fleet National Bank, in Fleet's capacity as Trustee of the Foster Trust, and acknowledged the foregoing instrument'to be his free act and deed, the free act and deed of Fleet National Bank and the free act and deed of the Foster Trust, before me, Notary Public C:I R My commission expires: _Z_ REAL-EST EA '.. EILEEN O'CONNOR BERNAM Notary Public - 4- My Commission Expires December 4,2001