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HomeMy WebLinkAboutREGISTRY OF DEEDS PAPERWORK Bic 11898 P :9200 ABOVE FOR REGISTRY OF DEEDS USE ONLY COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE GRANTO GRANTEE ADDRESS OF PROPERTY CITY/TOWN TYPE OF DOCUMENT MLC -ASSIGNMENT TYPE DEED 61) MORTGAGE NOTICE DISCHARGE _ SUBORDINATION ------- TYPE AFFIDAVIT CERT TYPE DEC OFHOMESTEAD UCC TYPE DEC OF TRUST J OTHER DESCRIBE Essex North Registry of Deeds Robert F.Kelley, Register 354 Merrimack St. Suite 304 Lawrence,Massachusetts 01843-1755 (978) 683-2745 www.lawrencedeeds com Bk 11898 Pg201 #181 Doc; Essex twth Land Cmwt Registry 8851A.Kittredge.Tr.Cert/wipdec/122309/L Elm W LW A�MV go of�,rtd Coca 0ocnm"tt c � a PW AaglsteMd H M M Atte��s��t�������� paplM�AIOMdR THE KITTREDGE FAMILY PRESERVATION TRUST CERTIFICATE OF TRUSTEE The undersigned Trustee of the KITTREDGE FAMILY PRESERVATION TRUST, dated December •319t, 2001, filed in the Essex North District Registry of Deeds, as Document #77297, in the Registered Land Office, hereby certifies that: 1. I am the Trustee of said Trust; 2. Said Trust has not been amended, revoked or e terminated, 3. No beneficiary is (a) a minor, (b) a corporation selling all or substantially all its Massachusetts assets, (c) the personal representative of an estate subject to an estate tax lien, or (d) now deceased or �. under any legal disability; 4 . In accordance with said Trust, the Trustee has been \f' authorized by the owners of a majority of the beneficial interests to execute the following: (a) Deed conveying the real estate commonly known as Lot 4, containing 2.842 acres, shown on a plan filed with said Registry, as Land Court Plan No. j 19334E (Property address: Lacy Street, North Andover, Massachusetts) to WINDRUSH FARM '. THER4PEUTIC EQUITATION, INC. , for nominal consideration; (b) Deed conveying the real estate consisting of four parcels of recorded land and two parcels of registered land (one of which is owned by the Trust) , located both north and south of Lacy Street,. North Andover, to the TOWN OF NORTH ANDOVER, for $1, 900, 000.00; (c) Boundary Line Agreement with the Commonwealth of Massachusetts for property located on the south side of Lacy Street, North Andover; Bk 11898 Pg2O2 #181 (d) Conservation Restriction to Essex County Greenbelt Association, Inc. , and the Town of North Andover, for approximately 23.346 acres known as Windrush Farm in North Andover, for $600, 000. 00; and (e) Any and all other documents which may be required in connection therewith. 5. The existence or nonexistence of a fact which constitutes a condition precedent to acts by the Trustee or which are in any other manner germane to the affairs of the Trust, shall be binding on the Trustee and the trust estate in favor of a purchaser, , lender or any other person relying in good faith on this Certificate. i I Witness my hand -and seal this 23rd day of December , 2009. VkCCA to, " U• I� MARJ IE . KITTREDGE Trustee COMMONWEALTH OF MASSACHUSETTS Essex, SS. On this 23rd day of December , 2009+ before me, the undersigned notary public, personally appeared, MARJORIE V. KITTREDGE, Trustee as aforesaid, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding document, and who swore or affirmed to me that the contents of the document are truthful and accurate -to the best of her knowledge and belief. Notar bMc ice'' R t Bk 11898 Ps J86, __Ar.17 i BOUNDARY LINE AGREEMENT oy day of December, 2009 b and This Agreement made this � y between MARJORIE V. KITTREDGE, Individually and as Trustee of the KITTREDGE FAMILY PRESERVATION TRUST, a/d/t December 31, 2001 and filed in the Registered Land Office, Essex North District Registry of Deeds, Document #77297, (together with its successors and assigns, "Kittredge"), with an address of 31 Brookview ,-t Road, Boxford, Massachusetts 0 192 1, and the COMMONWEALTH OF MASSACHUSETTS, acting by and through its Department of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114 — ("Commonwealth") acting under the authority of and in accordance with Chapter 21, Sections 1 and 3, and Chapter 132A, Sections 2 and 2A of the Massachusetts General Laws, as amended. WITNESSETH: WHEREAS, KITTREDGE and the COMMONWEALTH are adjoining owners of land located on the south side of Lacy Street, in the Town of North Andover; Bk 11898 Pg187 #175 ✓ a WHEREAS, the adjoining owners are uncertain as to the location of the common boundary line between.their respective parcels and are desirous of establishing a fixed boundary line; and i WHEREAS, a land survey plan has been prepared entitled, "Plan of Land in North Andover, MA, Property of Marjorie V. Kittredge, Scale: 1" = 40"' prepared by Donohoe and Parkhurst, dated December 8, 2009, and to be recorded in the Essex County Registry of Deeds (the "Plan"); which establishes the fixed boundary line of the parties by courses and distances and suitable permanent monuments have been set; NOW, THEREFORE, the parties hereby agree that the fixed boundary line between their respective parcels of land shall be established as set forth on the Plan to be recorded herewith in the Essex County Registry of Deeds at Plan Book lt—,A , PIM (the"Plan"), such line being bounded and described according to said Plan as follows: $eginning at point"A" being a point at the southeasterly corner of - Parcel 5 as shown on the Plan; thence 860*301S2"W three hundred seventy (370.00) feet to point"B"; thence N31034'16"W four hundred eighty (480.00) feet to point"C" at Lacy Street. The land belonging to Kittredge being north and east of the above described lines and the land of the Commonwealth being south and west of the above described lines. Bk 11898 Pg188 #175 Commonwealth of Massachusetts Department of Conservation & Recreation m d K. n COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, SS. December 16 , 2009 On this day of December, 2009, before me, the undersigned 'Notary Public, personally appeared Richard K. Sullivan, Jr. who proved to me through satisfactory evidence of identification, which was(�rs�+�1 yw1,aA5_e , to be the person whose name is signed on 1C the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as Commissioner of the Commonwealth of Massachusetts, Department of Conservation and Recreation. V " �` za�t ,�►�+� Wµms"' '+nutsu;"` Bk 11898 Pg189 #175 Executed the date first above written. � �� y'► 7tt��auau M e V. Kittredge, Inds y And as Trustee of the Kittredge Family Preservation Trust COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX, SS. December 23 , 2009 Then personally appeared Marjorie V. Kittredge, Individually and as Trustee of the Kittredge Family Preservation Trust, known to me, proved to me through satisfactory evidence of identification, which was ,cn+wla—Ue—_, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose, individually and as Trustee as aforesaid, Before e, \11tfUllhl Notary c: My Commis s n Expir �j�lb11111 H111%�\\ Bk 11 +17 P96 01-- 0-2010 a ABOVE FOR-REGISTRY OFDEEDS USE ONLY COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE 7-Rnn d i l Jnlf k 9 PRANTOR ADDRES OF VROPERTY CITY/TOWN TYPE OF DOCUMENT MLC ASSIGNMENT TYPE DEED 6D. MORTGAGE NOTICE DISCHARGE SUBORDINATION AFFIDAVIT RT TYPE DEC OF HOMESTEAD UCC TYPE. DEC OF TRUST OTHER 01JW 0 DESCRIBE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence,MA 01843 (978) 683-2745 www.lawrencedeeds.com Bk 11917 Pg7 #1638 D0C 8 y7 V Vy7 01-20-2010 2Z-277 Essex itarth Land Cowt Resistrs A ASA --- TOWN OF NORTH ANDOVER g1111C ORDER OF TAKING RUSH FARM—LACY STREET XV WHEREAS,THE INHABITANTS OF THE TOWN OF NORTH ANDOVER voted by majority vote in favor of a motion made under Article 8 at the Annual Town Meeting held on May 12 and 13,2009,which motion provided That$2,500,000 be appropriated for the acquisition by purchase or 'vent domain of a fee simple itterest or lesser interest in a parcel of land of approx' ately 188 acres of land within the bounds of North Andover owned by any or all o.the following: Marjorie V. Kittredge,the Kittredge Family Preservation Trust or a Trust for Public Land as shown on Assessor's Map 105A,Parcels 9, 10, 12, 14 and 16 and as also described in a deed recorded at North Essex District Registry of Deeds' Book 940,Page 382,and in Registered Land Certificate of Title Number 13845,B k109, Page 129 and Registered Land Certificate of Title Number 5096,Book 34,P e 385, but excluding the property transferred by Marjorie V.Kittredge,Trustee,to arm Therapeutic Equitation,Inc. by deed dated August 26,2005 and recorded as gistered Land Document Number 90198,and expenses incidental and related thereto to be managed and controlled by the Conservation Commission of the Town of N rth Andover in accordance with Massachusetts General Laws Chapter 40, Secti n 8C for conservation and passive recreation purposes;that to meet said appropriateo the Treasurer with the approval of the Board of Selectmen is authorized to bo w $2,500,000 under Massachusetts General Laws Chapter 44 and/or 44B,the ommunity Preservation Act,or any other enabling authority;and that the Town Man r be WAWP51XW&*\jk�„ offt)&gdoo Bk 11917 Pg8 #1638 authorized to file on behalf of the Town of North Andover any and all applica ions deemed necessary under the Self-Help Act(Massachusetts General Taws Cha Pter 132A, Section 11)or any other applications for funds in any way connected m'th the scope of this acquisition, and that the Town Manager,the Board of Selectmen,and the Conservation Commission be authorized to enter into all agreements and ex ute any and all instruments,including permanent deed or conservation restrictions,in accordance with Massachusetts General Laws Chapter 184,on terms and con litions they deem to be in the best interest of the Town and as may be necessary on I ehalf of the Town of North Andover to affect said purchase. NOW THEREFORE,the Board of Selectmen of the Town of North Andover, acting pursuant to the authority granted to it by the aforesaid vote of the Tow a Meeting,and in accordance with the provisions of Massachusetts General La ws, Chapter 79 and all other power and authority to it granted or implied,DOES HEREBY TAKE BY EMINENT DOMAIN IN FEE SIMPLE,for the pw poses set forth in said vote of the Town Meeting,the parcels of land containing appro ' ately 160 acres,and shown on Assessor's Map 105A,Parcels 9, 10, 12, 14 and 16.. and more particularly described in Appendix A attached hereto and incorporated by re erence herein,together with all easements and rights appurtenant thereto,including the trees standing thereon,and excluding any and all easements for public utilities and excluding any and all easements for public highways and public travel in and to any ar d all streets and public ways included within and/or contiguous or adjacent to saii I area. The amount of Two Million Five Hundred Thousand($2,500,000 ) Dollars has already been paid to Marjorie V.Kittredge,Individually,and as Trustee of w1w,611wockWaoduvelwladnuh 9rmbrdQ of ttkisg.doe , Bk 11917 Pg9 #1638 the Kittredge Family Preservation Trust. This Order of Taking is to clear any title issues,if any,with regard to the Town's acquisition of said land. The Selectmen of the Town of North Andover,on behalf of The Inhabitants of the Town of North Andover,hereby execute this Taking on this 21"day of D-,cember, 2009. THE INHABITANTS OF THE TOWN C F NORTH ANDOVER B By: I oa- B Br. j COMMONWEALTH OF MASSACHUSETTS Essex,ss: December 21,2009 On this 21'day of D tuber, 09,before me,Ihe undersigned no ublic, pe nall g peared who are p onally known to me and who are person(s)whose name(s)are signed o 'the preceding document,and acknowledged to me that he/she signed it voluntarily for its stated purpose,as Selectmen of the Town of No dover. Notary Public(,/(,/ My commission expires: Bk 11917 Pg10 #1638 APPENDIX"A" PROPERTY DESCRIPTION Registered an Ldr___r_Pargels(known as Lots 5& 7) Lot 7: A certain parcel of land,north of Lacy Street in North Andover,Essex County, Massachusetts containing 59.0 acres shown as"Lot 7" on a plan entitled"Plai L of Land in North Andover,MA,Scale: 1"= 100"',dated July 28,2009 and prepared by Donohoe 8t Parkhurst,Inc.,as modified and approved by the Court,as copy of a portion c f which will be filed with the Essex North Registry District of the Land Court as Plan No. 19334F ("Land Court Plan 19334F). Meaning and intending to convey a portion of the first parcel of land described as Parcel "AP in a deed from Charles Kittredge and Marjorie V.Kittredge to Marjorie V.Kittredge dated May 26, 1961,filed with the Registered Land Office,Essex North Dist'ct Registry of Deeds as Document# 16154 as shown on Certificate of Title No. 5096. To the extent applicable,Lot 7 is subject to the flow of natural water course r anning through the same and shown on said plan as Fish Brook and further subject to rights of way over the ways,as approximately shown on Land Court PIan No. 19334A,dated June 21, 1944,for the benefit of the lands of Chester Killam as set forth in a stipul ition between William P.Hooker et ux and Chester Killam,and all other persons I&wfidly entitled thereto in and over the same, a copy of which is filed and registered i is Document No. 9103. Lot 5: A certain parcel of land,south of Lacy Street in North Andover,Ess County, Massachusetts containing 41.176 acres shown as"Lot 5" on a plan entitled" Ian of Land in North Andover,MA, Scale: V'=80"',dated July 25,2009 and prepared Donohoe &Parkhurst, Inc., as modified and approved by the Court,as copy of a porti n of which will be filed with the Essex North Registry District of the Land Court as Pl No. _ 19334E. Meaning and intending to convey a portion a parcel of land described as"Pacel B1," conveyed to the Kittredge Family Preservation Trust by deed of Marjorie V.Kittredge dated December 31,2001 and filed with the Registered Land Office,Essex orth District Registry of Deeds as Document#77298 as shown on Certificate of Title No. 13845. Recorded Land Parcels as Parcels 3.4.5,and 6 Parcel 5: A certain parcel of land,south of Lacy Street in North Andover, sex County, Massachusetts containing 4.663 acres shown as"Parcel 5" on a plan entitled "Plan of Land in North Andover,MA,Scale: I"-40"',dated December 8,2009 and prepared by Donohoe&Parkhurst,Inc. Said Plan is be recorded in the Essex North Dist 'ct Registry of Deeds herewith as Plan No. 16199.The southern and western boundaries of said parcel w\w,6l�waklnindwAwh+drod+nrmcw.ttdaaan.ax Bk 11917 Pg11 #1638 are in accordance with a Boundary Line Agreement between Marjorie V.Kitt-edge and the Commonwealth of Massachusetts,dated December 8 2009,and to be recorded in the Essex North District Registry of Deeds,herewith. Meaning and intending to convey the fifth parcel conveyed to Marjorie V.Kittredge, individually and as Trustee,by deed of Charles Kittredge and Marjorie V. Kittredge dated May 26, 1961 and recorded with the Essex North District Registry of Deeds in Book 940,Page 382. Parcel 4: A certain parcel of land,north of Lacy Street in North Andover,Es sex County, Massachusetts depicted as containing 11.8+acres shown on a plan entitled "I Ilan of Land in North Andover,MA,Property of Marjorie V.Kittredge,Scale: 1"—50"'0 dated August 3,2009 and prepared by Donohoe&Parkhurst,Inc.and recorded her.-with in the Essex North District Registry of Deeds herewith as Plan No. 16199. Meaning and intending to convey the fourth parcel conveyed to Marjorie V.I littredge, individually and as Trustee,by deed of Charles Kittredge and Marjorie V. Kitredge dated May 26, 1961 and recorded with the Essex North District Registry of r teds in Book 940,Page 382. Parcels 3&6:Two certain parcels of land,north of Lacy Street in North dover,Essex County,Massachusetts containing approximately 42.5 acres,being the third d sixth parcels of land described in a deed from Charles and Marjorie V.Kittredge t Marjorie V.Kittredge dated May 26, 1961,and recorded with the Essex North District Deeds Book 940,Page 382,and more particularly described as follows: A certain piece of woodlot and adjoining the Cedar Swamps in said I Torth Andover,bounded and described as follows; Northerly and Easterly by other land hereby conveyed(being Lot 7 on Land Court Plan 19334F); Southerly and Westerly by land now or We of Charles Chapt n. Said parcel is believed to contain about two and one-half acres. And A certain parcel of vacant land situated in North Andover,bounded i nd described as follows: Northerly by Cedar Brook and by Iand of the heirs of Charle Perley; Easterly by land now or formerly of Benjamin Barnes,John L. Killarn, Peter Perley,and John Ward; Southerly by land now or formerly of Porter Perley; and Westerly by land now or formerly of Jonathan Parons,Sam 1 Perley,and others. 2 Bk 11917 Pg12 #1638 Said parcel is believed to contain about forty acres. Meaning and intending to convey the third and sixth parcels conveyed to Mar, orie V. Kittredge,individually and as Trustee,by deed of Charles Kittredge and Marj rie V. Kittredge dated May 26, 1961 and recorded with the Northern Essex District Registry of Deeds in Book 940,Page 382. 3 B,k 11898 Pm 203 182 01-04-20iO & 03 :5sp ABOVE FOR.REGISTRY OF DEEDS USE ONLY COVERSHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT v k"t�w�DO NOT REMOVE GAAMME ADDRESS OR PR PER CITY/TOWN TYPE OF DOCUMENT MLC ASSIGNMENT TYPE -- ----'DEED 6D MORTGAGE NOTICE DISCHARGE. SUBORDINATION TYPE AFFIDA'V'IT CERT TYPE DEC OF HOMESTEAD UCC TYPE DEC OF TRUST OTHER DESCRIBE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence,Massachusetts 01843-1755 (978) 68.E-2745 www.lawronce&eds.com Doc Bk 11898 Pg204 #182 Ctf :16221 Essex North Land Court Resistrs LAND COURT, BOSTON.The land herein deacrib'Milf be shown on our ap roved)Ian to follow as . - �js f7lie Ta M4.M DEC yt 2P,9 Atli Plan-!J 3 Y- Lot-7 (EXAMINED AS DESCRIPTION ONLY) T.C. PONTBRIANfl A ACTING CHIEF ENGINEER QUITCLAIM DEED I,MARJORIE V.IKITTREDGE,individually and as Trustee of the Kittredge Family Preservation Trust under Declaration of Trust dated December 31,2001,and filed with as Document No.77297,having an address of 31 Brookview Road,Boxford,MA 01921 ("Grantor'),for the consideration of One Million Nine Hundred Thousand and No/100's ($1,900,000.00)Dollars,received to the full satisfaction of Grantor hereby grant to the TOWN 'n OF NORTH ANDOVER,a Massachusetts municipal corporation,having an address at 120 Main Street,North Andover,MA 01845("Grantee'),acting by and through its Conservation ° Commission for administration,control,and maintenance under the provisions of M.G.L., Chapter 40, § 8C,as amended,with QUITCLAIM COVENANTS that certain real property having a property address of Lacy Street,North Andover,Massachusetts,being four parcels of - recorded land and two parcels of registered land,located bnth north and south of Lacy Street, more particularly described below. - Registered Land Parcels(known as Lots 5&7) 0 Lot 7: A certain parcel of land,north of Lacy Street in North Andover,Essex County, Massachusetts containing 59.0 acres shown as"Lot 7"on a plan entitled"Plan of Land in North Andover,MA,Scale: F,= 100"',dated July 28,2009 and prepared by Donohoe& ° Parkhurst,Inc.,as modified and approved by the Court, as copy of a portion of which *r will be filed with the Essex North Registry District of the Land Court as Plan No. 19334F ("Land Court Plan 19334F). Meaning and intending to convey a portion of the first parcel of land described as Parcel "Al"in a deed from Charles Kittredge and Marjorie V.Kittredge to Marjorie V. h Kittredge dated May 26, 1961,filed with the Registered Land Office,Essex North District Registry of Deeds as Doeurneant# 16154 as shown on Certificate of Title No. 5096. a • Bk 11898 Pg205 #182 To the extent applicable, Lot 7 is subject to the flow of natural water ooume ruing through the same and shown on said plan as Fish Brook and further subject to rights of way over the ways,as approximately shown on Land-Court Plan No. 19334A,dated June 21, 1944, for the benefit of the lands of Chester Killam as set forth in a stipulation between William P.Hooker et ux and Chester Killam,and all other persons lawfully entitled thereto in and over the same,a copy of which is filed and registered as Document No. 9103. Lot 5: A certain parcel of land,south of Lacy Street in North Andover,Essex County, Massachusetts containing 41.176 acres shown as"Lot 5"on a plan entitled"Plan of Land in North Andover,MA, Scale: 1"-80"',dated July 25,2009 and prepared by Donohoe &Parkhurst,Inc.,as modified and approved by the Court, as copy of a portion of which will be filed with the Essex North Registry District of the Land Court as Plan No. 19334E. Meaning and intending to convey a portion a parcel of land described as"Parcel B1," conveyed to the Kittredge Family Preservation Trust by deed of Marjorie V. Kittredge dated December 31,2001 and filed with the Registered Land Office,Essex North District Registry of Deeds as Document#77298 as shown on Certificate of Title No. 13845. Recorded Land Parcels (known as Parcels 3,42 5,and 6 Parcel 5: A certain parcel of land,south of Lacy Street in North Andover,Essex County,Massachusetts containing 4.663 acres shown as"Parcel 5"on a plan entitled "Plan of Land in North Andover,MA,Scale: I"=40"',dated December 8,2009 and prepared by Donohoe&Parkhurst,Inc. Said Plan is to be recorded in the Essex North Distridt Registry of Deeds herewith as Plan No. ib1 . The southern and western boundaries of said parcel are in accordance with a Boundary Line Agreement betty n Marjorie V. Kittredge and the Commonwealth of Massachusetts,dated December 2009, and to be recorded in the Essex North District Registry of Deeds,herewith. -- Meaning and intending to convey the fifth parcel conveyed to the Grantor by deed of Charles Kittredge and Marjorie V. Kittredge dated May 26, 1961 and recorded with the Essex North District Registry of Deeds in Book 940,Page 382. Parcel 4: A certain parcel of land,north of Lacy Street in North Andover,Essex County,Massachusetts depicted as containing 11.8+acres shown on a plan entitled"Plan of Land in North Andover,MA,Property of Marjorie V.Kittredge,Scale: 1"=5019', dated August 3,2009 and prepared by Donohoe&Parkhurst,Inc. and recorded herewith in the Essex North District Registry of Deeds herewith as Plan No. 161 qq Meaning and intending to convey the fourth parcel conveyed to the Grantor by deed of Charles Kittredge and Marjorie V.Kittredge dated May 26, 1961 and recorded with the Essex North District Registry of Deeds in Book 940,Page 382. 2 Bk 11898 Pg206 #182 Parcels 3 & 6: Two certain parcels of land,north of Lacy Street in North Andover, Essex County,Massachusetts containing approximately 42.5 acres,being the third and sixth parcels of land described in a deed from Charles and Marjorie V. Kittredge to Marjorie V. Kittredge dated May 26, 1961,and recorded with the Essex North District Deeds Book 940,Page 382,and more particularly described as follows: A certain piece of woodlot and adjoining the Cedar Swamps in said North Andover,bounded and described as follows: Northerly and Easterly by other land hereby conveyed(being Lot 7 on Land Court Plan 19334F); Southerly and Westerly by land now or late of Charles Chaplin. Said parcel is believed to contain about two and one-half acres. And A certain parcel of vacant land situated in North Andover,bounded and described as follows: Northerly by Cedar Brook and by land of the heirs of Charles Perley; Easterly by land now or formerly of Benjamin Barnes,John L.Killam, Peter Perley,and John Ward; Southerly by land now or formerly of Porter Perley; and Westerly by land now or formerly of Jonathan Parons,Samuel Perley,and others. Said parcel is believed to contain about forty acres. Meaning and intending to convey the third and sixth parcels conveyed to the Grantor by deed of Charles Kittredge and Marjorie V.Kittredge dated May 26, 1961 and recorded with the Northern Essex District Registry of Deeds in Book 940,Page 382. - This Deed is exempt from documentary excise stamp tax(M.G.L. Chapter 64D, § 1)as Grantee is a town in The Commonwealth of Massachusetts. There has been full compliance with the provisions of M.G.L. Chapter 7, § 401. The property conveyed hereby was acquired in part with the financial assistance from the Massachusetts Community Preservation Act for the purposes of conservation and passive recreation,under the provisions of M.G.L. Chapter 44B, and as such it is protected under Article 97 of the constitution of the Commonwealth of Massachusetts. 3 Bk 11898 Pg207 #182 IN WITNESS WHEREOF,Grantor has caused this deed to be executed as of December 23 , 2009. Mar orQ V.Kittredge,Individdlry and as Trustee of the Kittredge Family Preservation Trust COMMONWEALTH OF MASSACHUSETTS Essex, SS. On this 23rd day of December 2009,before me, the undersigned notary public,personally appeared Marjorie V. Kittredge, Individually and as Trustee for the Kittredge Family Preservation Trust provided to me through satisfactory evidence of identification,which was personal knots]eAge ,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 My commission a �i;l���••..F22 . i 4 Bk 11898 Pg208 #182 ACCEPTANCE BY BOARD OFSELECTMEN We,the undersigned Board of Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on December 21,2009,the Board of Selectmen voted to accept the foregoing Deed from Marjorie V. Kittredge,Individually and as Trustee of the Kittredge Family Preservation Trust for the preservation of the natural resources of said Town under the provisions of M.G.L. Chapter 40, §8C, as amende W COMMONWEALTH OF MASSACHUSETTS ss. 20_9J On this —2-4 day of ,20�before me,the undersigned notary public personally appeared e&o4;� proved to me through satisfact evidence of identification,which 6onsisted of to be the persons whose names are signed on the preceding or attached document,and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public M C ommis si E pines: I Zj4�,f f V // Bk 11898 Pg209 #182 ACCEPTANCE BY CONSERVATION COMMISSION We,the undersigned Conservation Commission of the Town of North Andover, Massachusetts,hereby certify that at a meeting duly held on December J1,2009,the Conservation Commission voted to accept the foregoing Deed from Marjorie V.Kittredge, Individually and as Trustee of the Kittredge Family Preservation Trust for the preservation of the natural resources of said Town under the provisions of M.G.L. Chapter 40, §8C, as amended. } ' f i COMMONWEALTH OF MASSACHUSETTS Awl ss. ,20— . On this day of 20 0 ,before me,the undersigned notary public personally appeared ' Zro ed to me through s isfactory evidence of identification, which consisted of - ,to be the persons whose names are 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:ke,,q 2.61t Bk 11898 Pg210 #182 TOWN OF OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET ' NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail iradshawCaltownothorthandover.com This is to certify that the following vote was taken on Article 28 at the Dissolved 2009 Annual Town Meeting held May 12,2009 and May 13,2009: Article 28. Acquisition of Land - 188 Acres (Windrush Farm-Lacy Street) Usins Community Preservation Funds, MAJORITY VOTE that $2,500,000 be appropriated for the acquisition by purchase or eminent domain of a fee simple interest or lesser interest in a parcel of land of approximately 188 acres of land within the bounds of North Andover owned by any or all of the following: Marjorie V. Kittredge, the Kittredge Family Preservation Trust or the Trust for Public Land as shown on Assessor's Map 105A,Parcels 9, 10, 12, 14 and 16 and as also described in a deed recorded at North Essex District Registry of Deeds in Book 940, Page 382, and in Registered Land Certificate of Title Number 13845, Book 109, Page 129 and Registered Land Certificate of Title Number 5096, Book 34, Page 385, but excluding the property transferred by Marjorie V. Kittredge, Trustee, to Farm Therapeutic Equitation, Inc. by deed dated August 26, 2005 and recorded as Registered Land Document Number 90198, and expenses incidental and related thereto, to be managed and controlled by the Conservation Commission of the Town of North Andover in accordance with Massachusetts General Laws Chapter 40, Section 8C for conservation and passive recreation purposes; that to meet said appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $2,500,000 under Massachusetts General Laws Chapter 44 and/or 44B, the Community Preservation Act, or any other enabling authority; and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary under the Self-Help Act (Massachusetts General Laws Chapter 132A, Section 11) or any other applications for funds in any way connected with the scope of this acquisition, and that the Town Manager, the Board of Selectmen, and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments, including permanent deed or conservation restrictions, in accordance with Massachusetts General Laws Chapter 184, on terms and conditions they deem to be in the best interest of the Town and'as may be necessary on behalf of the Town of North Andover to affect said purchase. VOTED MAY 12,2009 ATI'11;57`. . A'1ft*0WY Town Clerk