HomeMy WebLinkAboutUntitled (2) THE O'CONNOR LAW FIRM I;
TOPSFIELD CROSSING
16 SOUTH MAIN STREET C F°I A,r r fl
TOPSFIELD, MASSACHUSETTS 01983 -
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TEL: (978) 887-5580 FAX: (978) 887-5977 2012 NAY -7 Ali 11: 42
WILLIAM F. O'CONNOR, LLM
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CHRISTINE 0. SMERCZYNSKI I
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Managing Counsel P:9 NAS Sr,4f[,t ,_ ,
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ELIZABETH A.JONES, LLM
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AMY CONROY F/'
May 4, 2012
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VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
North Andover Board of Selectmen
c/o Ms. Joyce Bradshaw, Town Clerk
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120 Main Street
North Andover, MA 01845
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Re: G.L. c. 61A, Notice of Intent to Sell Land/2.8 acre parcel +/-, located on the corner of
Carter Field Road and 0 Bradford Street, North Andover, MA/Assessor Map 62, Lot 160 F
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Dear Sir or Madam:
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The undersigned and this office represent George R. Barker, Jr. and Dorothea C. Barker, Trustees
of the Old Barn Trust (hereinafter, the "Trust") in connection with the sale of the above- t
referenced 2.8 acre parcel of land, which is currently used as agricultural land and taxed under
the provisions of G.L. c. 61A. The Trust intends to sell the 2.8 acre parcel of land to James g'
Arthur Hackett and Sharon Atwood Hackett (hereinafter, the "Buyers"). It is our understanding
that the Buyers intend to use the land for residential purposes.
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The name, address, and telephone number for the land owner is as follows: George R. Barker, Jr.
and Dorothea C. Barker, Trustees of the Old Barn Trust, 1267 Osgood Street, North Andover, y
MA 01845, Telephone Number: 978-688-5617.
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Enclosed herewith please find the Notice of Intention to Sell 61A Land and a copy of the
Purchase and Sale Agreement executed by the Trust (landowner) and the Buyers. I
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This Notice is being forwarded to the Board of Selectmen (in care of the Town Clerk), the
Planning Board, the Conservation Commission, and the Board of Assessors. Should you have t',
any questions or ref - anything further, please so advise.
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NOTICE OF INTENTION TO SELL 61A LAND
We, GEORGE R. BARKER, JR. and DOROTHEA C. BARKER, TRUSTEES OF THE
OLD BARN TRUST, under Declaration of Trust dated October 22, 2003, and recorded with the
Essex South District Registry of Deeds in Book 22875, Page 126 (hereinafter the "Trust"), with a
mailing address of 1267 Osgood Street, North Andover, Massachusetts, 01845, pursuant to
Section 14 of Chapter 61A of Massachusetts General Laws hereby notify the Board of
Selectmen, Board of Assessors, Planning Board and Conservation Commission of the Town of
North Andover of the Trust's intention to sell a certain 2.8 +/- acre parcel of land located on the
corner of Carter Field Road and 0 Bradford Street, North Andover, Massachusetts. Said 2.8 acre
parcel of land is contained within a greater parcel situated at 0 Barker Road, Boxford, MA and 0
Bradford Street, North Andover, MA, which consists of approximately 31.9 +/- acres and which
is identified on North Andover Assessors Map 62, Lot 160, and described in a Deed dated
October 22, 2003, and recorded with the Essex South District Registry of Deeds in Book 22875,
Page 129. A copy of said Deed is attached hereto for reference. The land in question is currently
taxed as agricultural land under the provisions of Chapter 61 A. The Buyers of the property are
JAMES ARTHUR HACKETT and SHARON ATWOOD HACKETT, with an address of 15 t°
Blueberry Circle, Andover, MA 01810.
The purchase price depends upon the date of Closing and is as follows:
Closing Date From April, 2012 - November 1, 2013: $225,000.00
Closing Date From November 2, 2013 - May 1, 2014: $235,000.00
Closing Date From May 2, 2014 - May 1, 2015: $245,000.00
A copy of the Purchase and Sale Agreement is attached for your review. The Town of North
Andover has a right of first refusal regarding the sales contract as it applies to this property. We
request that the Board hold a hearing concerning its right of first refusal and that it respond
thereafter to the Board of Selectmen in writing as soon as possible as to whether or not the Town
shall exercise or waive its option.
WITNESS our hands and seals this day of May, 2012.
C/1.7
,161:'() e telar-kA'GEORGR. BARKER,JR, TRUS E
OLD BARN TRUST
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DOROTHEA C. BARKER, TRUSTEE
OLD BARN TRUST
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COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On May 2012,before me,the undersigned notary public,personally appeared GEORGE R.
BARKER,JR d DOROTHEA C. BARKER,TRUSTEES OF THE OLD BARN TRUST
(the"Principals") and acknowledged to me that the Principals signed the preceding or attached
document voluntarily for its stated purpose. The Principals proved to me through satisfactory
evidence of identification that the Principals are the persons whose names are signed on the preceding
or attached document. The satisfactory evidence of identification provided to me was:
NVcurrent document issued by a federal or state government agency bearing the photographic
image of the Principals' faces and signatures; or
❑ On oath or affirmation of a credible witness unaffected by the document or transaction who is
personally known to the notary public and who personally knows the Principals; or
❑ Identification of the Principals based on the notary public's personal knowledge of the identity
of the Principals; or
❑ The following evidence of identification:
Z AMY CONROY
...........................................( rill.. &A.A.>
I Notary PubNc I
Massachusetts I VW Public
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Printed Name:
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1 DEED
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v We, GEORGE IL BARKER, JR., individually, DOROTHEA C. BARKER, individually, and ,
< DIANE KEISLING (now known as DIANNE BARKER COCO), KAREN BARKER,
.c ELIZABETH E.BARKER,and LAURIE M.BARKER,TRUSTEES OF THE GEORGE R
BARKER,JR.IRREVOCABLE TRUST OF DECEMBER 30,1983,all of 1267 Osgood Street,
o North Andover, Essex Country, Massachusetts,
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0 for consideration of one dollar and 00/100 cents ($ 1.00)paid,
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o grant to GEORGE R. BARKER,JR. and DOROTHEA C. BARKER, as Trustees of the OLD BARN TRUST u/d/t dated October 22,2003,and recorded herewith,whose mailing address is 1267
a) Osgood Street,North Andover,Massachusetts,
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v with QUITCLAIM COVENANTS,
as
CV all of our right, title and interest in a certain parcel of land with buildings thereon, said parcel is
o situated in the towns of North Andover and Boxford,Essex County,Massachusetts,and lies adjacent
to the northeasterly intersection of Bradford Street and Barker Street in the said towns. The said
E parcel being more particularly described as follows:
Beginning at a point in the northeasterly intersection of the right of way of said Bradford and Barker
40., Streets, thence,
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cia Northeasterly along the southerly right of way of said Barker Street,along the remains of a stone wall
ro 1625 feet,more or less,to a point at the intersection of a stone wall extending southeasterly at land
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0 of Bolton,thence,
Southeasterly along said wall by land of Bolton 310 feet to a point,thence continuing more southerly
by land of Bolton 557 feet to a stone wall at land of Eunice P.Carter,thence Westerly,Southwesterly
vs and Westerly again along said stone wall by land of Carter to a point at the intersection of a north-
pa
o south stone wall, thence,
to Southerly along said stone wall by land of Carter to a point at the intersection of a parallel east-west
wstone wall,said point being at the intersection of the northerly wall of the above-described east-west
ro parallel walls, thence,
a. Westerly along said wall to a stream to a point where the wall turns northerly at high ground by land
of Carter, thence northerly by said wall 164 feet, more or less, to a point where the wall turns
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o, westerly by land of Carter, thence,
0
a, RETURN TO:
TEE p'CONNOR LAW FIRM
16 South Main Stoat
Topssald.MA 01983
2004052100113 8k:22875 Pg:130
05/21/2004 08:55:00 DEED Pfl 2/4
Westerly by said wall and land of Carter,203 feet,more or less,to a point in the easterly right of way
of said Bradford Street,thence northerly by the easterly right of way of said Bradford Street,to its
intersection with the southerly right of way of Barker Street to the point of beginning.
For title reference of GEORGE R.BARKER,JR,see deed to George R.Barker,Jr. from his heirs
recorded in Book 561,Page 353,in the Essex North Registry of Deeds,and excepting therefrom the
following two parcels of land:
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Parcel Number 1,a 5 acre parcel of land conveyed from George R.Barker,Jr.to James C.and Rena
M.Allen as recorded in Book 5364,Page 77,and as shown on Plan 234,recorded in the Essex South
Registry of Deeds. Said parcel is situated in the northeasterly-most corner of the above-described
parcel and fronts on said Barker Street.
Parcel Number 2,a 4.1 acre parcel of land conveyed in a deed from George R.Barker,Jr. to Charles
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Verda,recorded in Book 711,Page 519,in the Essex North Registry of Deeds,said parcel is situated 1.
at the northeasterly intersection of the said Bradford and Barker Streets.
For title reference of DOROTHEA C.BARKER,see deed to Dorothea C.Barker from George R.
Barker,Jr.as recorded in the Essex North District Registry of Deeds on May 30, 1985 at Book 1978,
Page 177.
For title reference of DIANE KEISLING,KAREN BARKER,ELIZABETH E.BARKER,and r'
LAURIE M.BARKER,TRUSTEES OF THE GEORGE R BARKER,JR.IRREVOCABLE
TRUST OF DECEMBER 30,1983,see deed to Diane Keisling,Karen Barker,Elizabeth E.Barker `'
and Laurie M.Barker,Trustees or their Successor in Trust of the George R.Barker,Jr. Irrevocable
Trust of December 30, 1983 all c/o Barker, from George R. Barker, Jr., recorded at Essex North
Registry of Deeds at Book 2070, Page 179.
Said parcel of land herein described,contains 31.9 acres,more or less.
Witness our ha ds and seals this 7-9--day of October s 03.
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DOROTHEA C. BARKER GEOR t ` R.BARKER,JR.
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. Octobers ,2003.
Then personally appeared the above named DOROTHEA C. BARKER and GEORGE R.
BARKER,JR.and acknowledged the foregoing instrument to be their free . tand deed,before e.
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My Commission Expires: 3 ( -e dS
2004052100113 Bk,22875 Pg,131
05/21/2004 08:55:00 0EE0 Py 3/4
Witness my hand and seal this,74/./ ' day of ektiiiic, 2003.
H�(J/'//(' II fi
124, NE KEISLING,(now known as
DIANNE BARKER COCO)TRUSTEE OF
THE GEORGE R. BARKER,JR.
IRREVOCABLE TRUST
OF DECEMBER 30, 1983
COMMONWEALTH OF MASSACHUSETTS
Essex,ss. October,*,2003.
Then personally appeared the above-named DIANE KEISLING (now known as DIANE
BARKER COCO),TRUSTEE,and acknowledged the foregoing instrument to be her free act and 5
deed, before me.
G
Notary Public
My Commission Expires: /-7J///)3
Witness my hand and seal this,7M day of 6f„ 2003.
gre/4-eAl
KAREN B R,TRUSTEE OF
THE GEORGE R. BARKER,JR.
IRREVOCABLE TRUST
OF DECEMBER 30, 1983
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
,b4i ,2003.
Then personally appeared the above-named KAREN BARKER,TRUSTEE, and acknowledged =!
the foregoing instrument to be her free act and deed,before me.
Notary Public
My Commission Expires: /.z//,/oL
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2004052100113 Bk;22875 Pg:1
05/21/2004 08:55:00 DEED Pg 4/
Witness my hand and seal this day of Oc--i e L 2003.
8
ELIZABETH E.BARKER,TRUSTEE OF
THE GEORGE it BARKER,JR.
IRREVOCABLE TRUST
OF DECEMBER 30, 1983
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. October - ,2003.
Then personally appeared the above-named ELIZABETH E. BARKE' ° I STEE, • d
acknowledged the foregoing instrument to be her free act and deed,before e.
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o ry to Public
My Commission Expires: )-v ) OS
Witness my hand and seal this o? day of De+ 2003.
GZ�,t�u�Q rn 46"4i1 /
LAURIE M.BARKER,TRUSTEE OF
THE GEORGE R.BARKER,JR.
IRREVOCABLE TRUST
OF DECEMBER 30, 1983
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. ` 0 t24 (•y r; /1 001 ,2003.
Then personally appieared the above-named LAURIE M. BARKER, TRUSTEE, and
acknowledged the foregoing instrument to be her free act and deed,before me.
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Notary Pu li/2 c LJei Ce
My Commission Expires: 2'' aia�0
FE5 E P COTE
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CERTIFIED AS A TRUE AND
ACCURATE COPY OF SAID
ORIGINAL PURCHASE AND SALE
AGREEMENT
PURCHASE AND SALE AGREEMENT
This 3d`'*'- day of April,2012 1/4011r1".'rA`-Na!rtosr, Esquire
1.PARTIES George R. Barker,Jr. and Dorothea C. Barker,Trustees of the Old Barn Trust, under Declaration of Trust
AND MAILING dated October 22,2003 and recorded with the Essex South District Registry of Deeds in Book 22875,Page 126,
ADDRESSES with an address of 1267 Osgood Street,North Andover,Massachusetts 01845
hereinafter called the SELLER,agrees to SELL and
James Arthur Hackett and Sharon Atwood Hackett,
with an address of 15 131)cile-i ry ( de , A c.c v e_r , M ? n i F t
hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the
following described premises: a certain parcel of land consisting of 2.8 acres more or less, located in North
Andover, Massachusetts,shown on North Andover,MA Assessor Map 62, Lot 160,which is a portion of a
larger parcel of land referred to in Deed recorded with the Essex South Registry of Deeds in Book 22875,
Page 129.
The sale of said premises is subject to an easement in favor of the Barker Family to access the ponds on the
premises for the purpose of maintaining farm irrigation options.
2.DESCRIPTION Land located on the corner of Carter Field Road and 0 Bradford Street, North Andover, Massachusetts,
containing approximately 2.8 acres, and being a portion of the premises described in Deed dated October 22,2003
and recorded with the Essex South District Registry of Deeds in Book 22875,Page 129. See also Town of North
Andover,Massachusetts Assessors Map 62,Lot 160.
3. BUILDINGS, .-- .::: '• : . : : . :., : - : _ .. .. _ .._
. . . ... . .
, , ._•.. _ , . . .•.
IMPROVE- :, . ' r_ ' _ , .._ ... ,MENTS,
FIXTURES - , .. :. .. ..... _ . ,
, • .. : : . .. • •.
THE LAND IS VACANT
4.TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the r'
nominee designated by the BUYER by written notice to the SELLER at least seven(7)days before the deed
is to be delivered as herein provided, and said deed shall convey a good clear record and marketable title thereto,
free from encumbrances,except
(a)Provisions of existing building and zoning laws;
(b)Existing rights and obligations in party walls which are not the subject of written Y'
agreement; k'
(c)Such taxes for the then current tax year as are not due and payable on the date of the
delivery of such deed;
(d)Any liens for municipal betterments assessed after the date of this agreement;
(e)Easements,restrictions and reservations of record if any,so long as the same do not
prohibit or materially interfere with the current use of the property;
The sale of said premises is subject to an easement in favor of the Barker Family to access the ponds located
on said premises for purposes of maintaining irrigation options.
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5.PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed
in form adequate for recording or registration.
6.REGISTERED In addition to the foregoing,if the title to said premises is registered,said deed shall be in form
TITLE sufficient to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said
deed all instruments,if any,necessary to enable the BUYER to obtain such Certification of Title.
7.PURCHASE The agreed purchase price for said premises is as follows, and is contingent upon the date of Closing said
PRICE transaction:
From April,2012 - November 1,2013: $225,000.00
From November 2,2013 May 1,2014: $235,000.00
From May 2,2014 - May 1,2015: $245,000.00
of which
$ 9,000.00 have been paid as a deposit this day,and
$ 1,000.00 was paid with the Offer to Purchase on 3/24112 t and
The balance of the purchase price due,depending upon the date of Closing:
$215,000.00 (if Closing occurs on or before November 1,2013);or
$225,000.00 (if Closing occurs between 11/12013 and 5/1/2014);or
$235,000.00 (if Closing occurs between 5/2/2014 and 5/1/2015).
shall be paid at the time of delivery of the deed in cash,or by certified check,cashier's,treasurer's or bank check(s)
$225,000.00 TOTAL (if Closing occurs on or before November 1,2013); or
$235,000.00 TOTAL (if Closing occurs between 11/2/2013 and 5/1/2014),or
$245,000.00 TOTAL (if Closing occurs between 5/2/2014 and 5/1/2015).
8. TIME FOR Such deed is to be delivered at 10:00 a.m. on or before the 1"of May,2015 at the Essex North District Registry
PERFOR- of Deeds,unless otherwise agreed upon,but subject to the Town of North Andover's waiver of its rights under M.G.L. a
MANCE 61A, Section 14. Not later than five (5) days following execution of this Agreement, SELLER shall provide written
DELIVERY OF notice of the sale contemplated by this Agreement to the Town of North Andover in accordance with the requirements of F'
DEED M.G.L. c. 61A, Section 14, and provide BUYER with a copy hereof. In the event the Town of North Andover exercises
its right offirst refusal pursuant to Section 14,Seller shall provide notice thereof to BUYER,whereupon this Agreement
shall terminate and be of no further force or effect. In the event the Town of North Andover declines to exercise its right
of first refusal this Agreement shall continue in full force and effect and SELLER shall cause the recordation of all
documentation required by said Section 14 to evidence the waiver of the Town of North Andover's purchase rights,
including without limitation the affidavit of a notary as specified therein. It is agreed that time is of the essence of this
agreement.
9. POSSESSION Full possession of said premises,vacant land ,is to
OF AND be delivered at the time of the delivery of the deed,said premises to be then(a)in the same condition as they now
CONDITION are,reasonable use and wear thereof excepted,and(b)not in violation of said building and zoning laws,and(e)in
OF PREMISES compliance with provisions of any instrument referred to in clause 4 hereof. The BUYER shall be entitled
personally to inspect said premises prior to the delivery of the deed in order to determine whether the condition
thereof complies with terms of this clause.
10.EXTENSION If the SELLER shall be unable to give title or to make conveyance,or to deliver possession of the premises, all as
TO PERFECT herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the provisions•TITLE OR hereof,then . -. • . . . .... . .. ._ ._. _ ..•_ ..
MAKE
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PREMISES SELLER shall elects use reasonable efforts to resolve any defects in title, or to deliver possession as provided
CONFORM herein, or to make the said premises conform to the provisions hereof, as the case may berin-whish-event-414e
-_- ,... .. • : : : ,.. :: :: _ and
thereupon the time for performance hereof shall be extended for a time period of thirty days. Reasonable efforts
referenced above shall not require Seller to expend more than 51,500.00,including attorneys'fees,to remedy
any nonconformities,excepting financial liens of record.
11.FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in the title,deliver
PERFECT TITLE possession, or make the premises conform, as the case may be, all as herein agreed, or if at any time during the
OR MAKE period of this agreement of any extension thereof,the holder of a mortgage on said premises shall refuse to permit
PREMISES the insurance proceeds, if any,to be used for such purpose,then any payments made under this agreement shall be
CONFORM,etc. forthwith refunded and all other obligations of the parties hereto shall cease, and this agreement shall be deemed
void,without recourse to the parties hereto.
12.BUYER's The BUYER shall have the election,at either the original or any extended time for performance,to accept such title
ELECTION TO as the SELLER can deliver to the said premises in their then condition and to pay therefore the purchase price •
ACCEPT 11 ILE without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance
in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty
insured against, then the SELLER shall, unless the SELLER has previously restored the premises to their former
condition,either
(a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or
recoverable on account of such insurance,less any amounts reasonably expended by the
SELLER for any partial restoration,or
(b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a
part thereof to be used to restore the said premises to their former condition or to be so
paid over or assigned, give to the BUYER a credit against the purchase price, on
delivery of the deed,equal to said amounts so recovered or recoverable and retained by
the holder of the said mortgage less any amounts reasonably expended by the SELI.F.R
for any partial restoration.
13. ACCEPT- The acceptance of the deed by the BUYER or his nominee as the case may be, shall be deemed to be a full
ANCE OF DEED performance and discharge of every agreement and obligation herein contained or expressed,except such as are by
the terms hereof,to be performed after the delivery of said deed.
14.USE OF To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery of the
MONEY TO deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests,
CLEAR TITLE provided that all instruments to procured are recorded simultaneously with the delivery of said deed,or within a
reasonable time thereafter in accordance with standard conveyancing practice.
15.INSURANCE ,• • .•
Typo of Insurance Amount of Coverage
(a)Fire and Extended Coverage As presently insured
16.ADJUST- _ :: .•. : '. .: : -. , .._ . : :_, ' ..•
MENTS •• : ,and Taxes for the then current fiscal year,shall be apportioned and-fuel
as of the day of performance of this agreement and the net amount thereof shall be added to
or deducted from, as the case may be, the purchase price payable by the BUYER at the time of delivery of the
deed. - _ .. •.. ._-.. •.. ._ .... . _. ' .. .. : •: -- .. . _ ... .
17.ADJUST- If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the n'
MENT OF basis of the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the new tax rate and
UNASSESSED valuation can be ascertained;and,if the taxes which are to be apportioned shall thereafter be reduced by abatement,
AND ABATED the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the R`
TAXES parties,provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless
herein otherwise agreed.
18.BROKER'S Not applicable.
FEE
19.BROKER(S) Not applicable.
WARRANTY
20.DEPOSIT All deposits made hereunder shall be held in escrow in a non-interest bearing account by The O'Connor Law
Firm, 16 South Main Street, Topsfield, MA 01983, subject to the terms of this agreement and shall be duly
accounted for at the time for performance of this agreement. In the event of any disagreement between the parties,
the escrow agent shall retain all deposits made under this agreement pending instructions mutually given by the
SELLER and the BUYER, or by a Court of competent jurisdiction. The escrow agent shall abide by any Court •
decision concerning to whom the funds shall be paid and shall not be made a party to a lawsuit solely as a result of
holding the escrowed funds. Should the escrow agent be made a party in violation of this paragraph,the escrow
agent shall be dismissed and the party asserting a claim against the escrow agent shall pay the agent's reasonable
attorney's fees and costs.
21.BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein,all deposits made hereunder by the BUYER
DEFAULT; shall be retained by the SELLER as liquidated damages .. - .. . .
DAMAGES - • _ • . , 1 .•
AND THIS SHALL BE SELLER'S SOLE AND EXCLUSIVE REMEDY AT LAW AND IN EQUITY.
22.RELEASE BY Not applicable
HUSBAND OR
WIFE
23.BROKER AS Not applicable.
PARTY
24.LIABILITY If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity,only the principal
OF TRUSTEE, or the estate represented shall be bound,and neither the SELLER or BUYER so executing,nor any shareholder
SHARE or beneficiary of any trust,shall be personally liable for any obligations,express or implied hereunder.
HOLDER
BENEFICIARY,
etc.
25.WARRANT- The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has he
IES AND relied upon any warranties or representations not set forth or incorporated in this agreement or previously
REPRESENT- made in writing,except for the following additional warranties and representations,if any,made by either
ATIONS the SELLER or the-Br-okefE$}: NONE.The property is sold"AS IS".
26.MORTGAGE Not applicable.
CONTINGENCY
CLAUSE ' E i /
fi �}-
27.CONSTRUCT This instrument,executed in multiple counterparts,is to be construed as a Massachusetts contract,is to take
TION OF effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and enures to the
AGREEMENT benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns,
and may be canceled, modified or amended only by a written instrument executed by both the SELLER and the
BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and
several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a
part of this agreement or to be used in determining the intent of the parties to it.
28.LEAD PAINT Not applicable.
LAW
29.SMOKE Not applicable.
DETECTORS
AND CARBON
MONOXIDE
DETECTORS
30.ADDITION- The initialed riders,if any,attached hereto,are incorporated herein by reference.
AL
PROVISIONS See Rider attached hereto as Exhibit A herein incorporated by reference.
FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978, BUYER MUST ALSO HAVE SIGNED
• ..!,•• n. . . . =• a r• • . e rtM r a . • rlN r e, n
NOTICE; This is a legal document that creates binding obligations. If not understood,consult an attorney.
SELLER BUYER
1 l NI
Re A �� _�
Creorgvi. Barker,Jr., Trustee J• Arthur Hackett
Old Barn Trust
/Le 2/44-L C1121: Sktirifi..e7t )21
Dorothea C.Barker, Trustee Sharon Atwood Hackett
Old Barn Trust
EXHIBIT A
Rider to Purchase and Sale Agreement dated April
Jr.and Dorothea C.Barker, Trustees of the Old Barn Trust as2Sellerb and James eArthur Hack Barker,
Sharon Atwood Hackett,as Buyer,involving that certain parcel of land located on the corner of Carter
Field Road and 0 Bradford Street,North Andover,Massachusetts,containing approximately 2.8 acres,
and being a portion of the premises described in Deed dated October 22,2003 and recorded with the
Essex South District Registry of Deeds in Book 22875,Page 129. See also Town of North Andover,
Massachusetts Assessors Map 62,Lot 160.
31. All notices required or permitted to be given hereunder shall be in writing and delivered by
hand or mailed postage prepaid, by registered or certified mail,or by facsimile with proof of
transmission addressed
In case of Seller to and in the case of Buyer to: `
William F.O'Connor,Esquire James Arthur Hackett
The O'Connor Law Firm Sharon Atwood Hackett
16 South Main Street 22 Bi u.e.b 2 r�ry C,r c ie
Topsfield,MA01983 .4n a(o v p 7� A D/8/0
Fax No (978)887-5977
or in the case of either party to such other addresses as shall be designated by written notice
given in such manner to the other party. Mailed notice shall be deemed given upon deposit in the
United States Postal Service, or if given by hand,at the time of delivery or receipt.
32. If the Buyer either makes an assignment of Buyer's rights under this Agreement,to a party
other than a nominee,or records a copy of this Agreement with the appropriate Registry of Deeds,the
Seller at its option may declare Seller's obligations hereunder to be null and void and may deem Buyer
to be in default of Buyer's obligations hereunder.
33. Buyer has until November 1,2013 to satisfy itself that it will be able to secure all the
necessary permits required by the Town of North Andover,MA,in connection with the construction
of a single family dwelling upon the premises(hereinafter referred to as"Buyer's Permitting Approval
Contingency"). Buyer shall timely pursue at its sole cost all permits necessary to construct a single
family dwelling on the premises. In the event that Buyer is not satisfied with the permitting process
required by the Town of North Andover,Buyer may elect to terminate this Agreement by providing
written notice to Seller,whereupon all deposits paid pursuant hereto shall be refunded to Buyer,and
this Agreement shall terminate and be deemed null and void,without further recourse to either party.
The parties agree that Buyer's Permitting Approval Contingency shall expire as of 12:01 a.m. on
November 2,2013. After November 1,2013,Buyer shall forfeit all deposit monies to Seller in the
event that Buyer does not or cannot obtain the requisite permits and approvals from the Town of
North Andover. Seller agrees to cooperate with Buyer in the permitting process;and Seller shall sign Ei
any and all documents necessary in connection with Buyer's obtaining said permits and approvals
from the Town of North Andover.
v
Cf J Ii `
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r71
34. Buyer shall have rights of access to the Premises prior to the time specified for delivery of the
Sellers' deed for the purposes of inspecting the condition of said Premises,but said rights of access
shall be exercised only after reasonable notice thereof to Seller and when reasonably convenient for
Seller. Said right of access shall be exercised in the presence of an employee or agent of Seller.
Buyer shall indemnify Seller for any damage to the Premises arising during any such inspection if
caused by Buyer or Buyer's agents or invitees.
35. Buyer warrants and represents to Seller and Seller represents and warrants to Buyer that it has
dealt with no broker or other person entitled to a broker's commission in connection with the
negotiation or execution of this Agreement or the consummation of the transaction contemplated
hereby,and each agrees to hold the other harmless from and indemnify the other against all damages,
claims,losses and liabilities,including legal fees,incurred by the other,arising out of or resulting from
the failure of its representation and warranty. This provision shall survive the closing hereunder or the
earlier termination of this Agreement.
36. The provisions of this Agreement with respect to title shall be governed by the title standards
and practices of the Real Estate Bar Association,formerly the Massachusetts Conveyancers
Association.
37. The memorandum executed by the parties hereto, entitled "Counter Offer #2" and dated
March 31,2012, is hereby superseded and shall have no further force and effect.
,7v I
SELLER: rr-'orge R. Barker,Jr.,Trustee BU ' James Arthur Hackett
Old Barn Trust
SELLER Dorothea C. Barker,Trustee BUYER: Sharon Atwood Hackett
Old Barn Trust
1yy