THE HOUSE OF THE SEVEN GABLES SETTLEMENT ASSOCIATION - NATHANIEL HAWTHORNE BIRTHPLACE (WITHIN THE PROPERTY 115 and 117 DERBY STREET) PRESERVATION RESTRICTION 30
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PRESERVATION RESTRICTION AGREEMENT'
between
THE HOUSE OF SEVEN..GABLES-SETTLEMENT-ASSOCIATION--
and the
CITY:OVSALEM,MASSACHUSETTS
BY AND THROUGH THE SALEM'HISTORICAL COMMISSION,
THIS PRESERVATION RESTRICTION AGREEMENT is made this 1 day.of.1A,2016 by
-and between the HOUSE OF SEVEN,GABLES,SETT-EMENT-ASSOCIATION,-locat d at 115.•Derby.
Street,:Salem,Massachusetts:0.1970.("Grantor");and the CITY OF SALEM{"Granteel a.muni-ipality-'
duly organiied.'underthe-laws of the Commonwealth of Massachusetts and located-in Essex County,.
'Massachusetts,.to be administered,managed and enforced by:it agent;the 5ALEM"HISTORICAL
COMMISSION;located at 120 Washington Street,Salem,Massachusetts,01950("Commission");
WHEREAS;the Grantor.is the owner in-fee simple of certain real property with improvements:known as
the.House of the Seven Gables and-which is located of 115.and 117 Derby Street;_hereinafter referred to
as:."the Property';compnsing numerous'buildings and is described:in a..senes:of deeds;.plans,:
certificates,and wills,and in Exhibit A jhcorporated herein by:�reference and attached-hereto.The.
Property is.also depicted as.-Parce14:1-0300 and Parcel 41-0303on the City of.Salem;MA:Asse'ssors'
=Map attached as Exhibit B hereto and incorporated by reference;and
WHE.'REASj the Property includes-a building thereon known as Nathaniel Hawthorne:Biithplace{a.pre-_
Federal,'gambrel rodf house.constructed in the 1700s),referred to hereinafter as"the.Building';
described as follows:.
The Nathaniel Hawthorne Birthplace is a wood-frame;:two=and=one=half story.house built
:between 1730 and 1745 on Union Street in Salem.'In-1958,the-house was.'moved to the
Hardy Street.side of.The House of the Seven Gables Property where it.now sits.on a::--
concrete block.foundation with its.gable end to the street:.The1iouse is rectangular in:
plan 24'�9-'x 32'.x 8"with a s mmetrical three-ba facade facin south.and"is:ca d
by:a gambrel roof with.a large chimney.constructed of brick in a running bond pattern.
'piercing the center ofthe ridgeline.
The body,of-the house is clad in red cedar wood.clapboards:with V exposures except for
:.
:the bottom 11 courses(below the sills-of first.story windows),which are laid'witli-
narrower weathers than upper boards.Plain 7%2"wide corrierboards'finish each
=::elevation;=Windows,consist of.larger wood sash with:12%12 configurations on the first
story and smaller windows with 8/12 configurations on the.second and third stories:Alt
windows are.detailed with simple molded surrounds consisting of 4'.'/z".casing and.1.%Z
ovolo moldings and 3°'thick sills.Second story window.frames abutting-the cornice..
of.
Windows-currently have exterior mounted wood.frame storm windows.
.The house's:gambrel roof features little overhang with shallow boxed eaves and a simple.
:closure board-at:.the junction of the upper and lower roof pitches.:The roof is sheathedan
=Western Red.Cedar shingles with a:solid 8"wide cedar cap:Shingles have 5"exposure
on the lower roof and-4.7 exposure:on the upper portion...Under the soffit,the clapboards.
1'
meet an:8".apron,accented.by a'!bed molding that terminates-at the inside edge of
corner Boards.'Me fascia;board has a 4'/z"-:crown-moldingtliat.runs the entire�length of
the building•meeting the underside ofroof sheathing.This,treatin6nt extends around in
cornpGe returns with.matching crown.:moldings.:Gable rake boards are 7:'h'.''wide
accented by a 1:'/a'.ogee profile.rake,molding:Just:to thegtfthcente.chmeyri ri in:.
the front of the-building is.a copper clad roof of approximateay 2'x.3'dimension_,
The.roof is finished with.copper-lined wood gutters-and.copper downspouts set within
square wood,casings..
Facade(South)Elevation:.
.The three-bay facade js highlighted by a center errtrance that includes a door with.six
raised pamels set within:a well-defined classical fronti iece of 9"pilasters on 11'-'.-hi
-�p p�Jth�.:-
]rnths with c...in an entablature-featuriri a 3"-cap moldin a 14":lii frieze.
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accented.):a4'/"-architrave.witho ee.rofile.bottomei.a1,ed-%z":bandand.-.
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-
an overhang with-2 M"bed molding under a dentil molding.topped with A 4'/z"crown
molding.:The-top of the overhang is"covered in net flashing..-The.door is protected by
4 wooden-1,2-light storm door and.a single granite step provides access to the entry.
Fenestration iissyMmetrically airaiiged on this,elevation with.windows•alignedlirthe first
and second stories ofthe outside.bays:and a window located on the second:story centered
:above the entrance:
Rean(North)'Elevation
The-r--ear'(north)-elevation-features an:irregular fenestration pattern;Thefirst story is
arranged.with a 12/12 window and 6-panel:door in,east bay,no window in the center
bay;and a-12/1.2 window in the.west.bay.:The'door.features.plain 4'/z"casin"with:l
``/z''band molding:around its.edge.:.ThesecOil story:features three 8/.l2 windows:one in.
the east bay:that does.not align:with the window-below;one in the.center bay that is.
located slightly to the.east of.the center:chimney,'and one in the•westbSythat.i8 aligned
over the.first story window:-_
East Elevation.
-:On the,building's east elevation,:windows.are located in-the south and center bays of the
first and secondstories.with an-8/12 window set within the gable on the third story.,.
West Elevation-
The west:elevation features a more symmetrically-an ar►ged fen estration.pattern than
found on the east elevation.:.Windows are located-near both.end walls:on the first.and:
second stories with an.8/12.window tocated.in the of the third storyc
The house:is painted red:
The house underwent a major restoration following its relocation to this.site:Wihdow�sash.were'
tune,(these ee aiaced 0 ry of the-siding likely at dates.any of the:..
re laced at that.'ese have-since b-2
ryes roofarakes boards et.:were eplaced in.201,5.The crown mold ng c mice:
ndow.casings:and:sill_e been
toration:The entire.
return was restored:at this:time using evidence from archive photos.
Some of the other:earlier features.that.remain are the majority of.the entryway trim(although
there:is.evidence.of some past repairs):Much:of the window trim on the,of the house
remains from ari earlier-period as well.
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WHEREAS;the cultural;historical:and.architectural significance:ofthe Building and the Property
emanates from its construction in the.1700-as a contributing property to the Derby Water&ont.Historic
District;listed in the National:Register of Historic Places on May.-1 1976;as a contributing property-t
the House of the:Seven Gables Historic District,listed as::a National Historic-Landmark on March 29;
2007;as-a property.within the�Derliy Street Ucal Historic District established by.the City of Salem:on
December.17,1974;and as a property_included in the House of the.Seven Gables Complex;certified as a
Massachusetts'Historic:Landmark on June-9,-1970.The Building is significant,as'the birthplace'.of.
Nathaniel Hawthorne,the great American novelist who wrote The:Scarlet kit&and The House of the.
Seven Gables;.rs important.to the public's enjoyment and appreciation of Salem°s architectural and
historical heritage,:and;as:a property historically:si'ficant fonts-architecture;.associations;and/or:.
archaeology;:qualifies.for the.protections of a perpetual pieservation.restriction'under Massachusetts
General.Laws,Chapter 184,sectional;and
WHEREAS;:Grantor and.Grantee recognize the architectural;historic;:and cultural values(hereinafter.-
"preservation values")and.�significance ofthe Building and.the Property,and.have the,common purpose;
of preserving the afore said'preservation values,significance of.the exterior of the Building and the:
Property;.and
WHEREAS,the preservation.values of the Building and-the Property are documented.in a.series-of
photographs and documents(hereinafter;'Raseline:Documentation")incorporated herein and attached
hereto as by_reference as Exhibit;B,which Baseline Documentation:the parties agree provides-an accurate
representation of the Building as of.the date of this grant;and
WHEREAS,the:Baseline Documentation(Exhibit B)shall consist.of;the following:
1.Salem Assessors':Parcel.Map;4.1;Lot 300-with Building Footprint;.
2.A.set of:four(4)-exterior photographs of the Building taken on April;2016;and
WHEREAS,.the Building is in.need.of preservation."and restoration;and
WHEREAS;:upon the recommendation-of the:.Community Preservation Committee and approved as
Project by.the City Council,.the sum of Twenty-nine Thousand
.Three-Hundred'Fifty.Dolla.rs($29;350,00)
(Plus$500:for aProJect sign)from the Preservation:Fund.("-Funds")..was aPPro atedforthe
ri
purpose of funding a grant for the restoration of the Building;and.
WHEREAS,the Grantor.and the Grantee.have reached an,Agreement:wherebythe Ganteeshaprovide
the:Funds so appropriated to:the Grantor to be:expended for the preservation and renovation ofthe
-aforementioned Building,�.under the.terms and conditions;set forth herein and hi§uch other documents as-
the parties may execute,and the Grantor agrees to accept such.Funds to be-used exclusively for.such:
purposes and::under such-terms and conditions("Restriction"or"PreservatiomRestriction
WHEREAS,the Grantor in further consideration of the receipt of such.Funds and ensure-the;
preservation of the aforementioned Building agrees and.desires,to impose certain restrictions,:obligations.
--and:duties upon:itself,its.successors and assigns,;so-as to maintain;protect and preserve the-architectural:
-and historical integrity of the Building;
WHEREAS;the preservation,of the Building is important.to the public for the enjoyment.and
appreciation of its architectural and historical heritage and serves the public interest:in a.manner
consistent with the.purposes of Massachusetts General Laws,Chapter 184,-Sections 31,32 and 33-.
("Act".);and.
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WHEREAS,'the'Commission is authorized to accept preservation restrictions in the name.,of the City:of
Salem and the'Commission is a governmental body:duly organized under the laws of the Commonwealth
of Ivlassachusetts,,.including the General Laws;Chapter 4.0C,authorized and directed by the Grantee to..
manage:the-Property and Buildings burdened.by such restrictions;consistent with.the provisions of the
Act and to'adminiSter_and enforce this.preservation:restriction;
NOW THEREFORE,for good and valuable consideration,the receipt of which is.hereby acknowledged,
the.Grantor does hereby irrevocably grant and convey to the Grantee_in gross.in perpetuity this Restriction
over the'Property and exterior of the Building to be administered,managed and enforced b_y the
Commission.
.Purpose:It is the.Purpose of this Restriction to assure that,the architectural;historic;and cultural.
features ofthe exterior of the Building will be retained and maintained forever-substantially in its current
condition_or.in-a restored condition approved.by.the Commission for preservation purposes-and to prevent
any use or.change of the Property or the exterior ofthe Building that will-signif cantly impair or interfere
With the Building's preservation values or alter Aews.of the:dkterior of the Building
2.Preservation Restriction:The Grantoigrants the Grantee the right to forbid or limit:
a::any alteration to the appearance,materials,workmanship,condition or:stiuctural stability of the
Building unless:(i)clearly of a minor nature and'not affecting the.characteristics which contribute:.
to the architectural oihistorkal-.integrity of the-Building and the Property,or(ii).the-Granted has
previously determined that it.will not impair such characteristics after reviewing.plans and..
specifications submitted:by-Grantor in accordance with the requirements of paragraph.7,-.which
determination shall not:be unreasonably withheld,or.(iii).required by-casualty or other emergency
promptly reported to Grantee in accordance with the requirements of paragraph 9:For.the-
:purposes of this Agreement;:interpretation of what�constitutes alterations.ofa:minor nature and..
ordinary inaintenance.and repair is governed by=the:Restriction Guidelines,which are attached
hereto as Exhibit C and hereby incorporated by reference..
b...any_other act or.use that maybe harmful.to:the,historic preservation of the Building or the
Property.
I Restriction asta Expenditure of Funds:Subject to Paragraph,2 and the teens and conditions of this
Restriction and.such.other terms and-conditions as the:Commission-may'remonably impose to:accomplish:.
the-purposes of this.Restriction;the Grantor shall expend such Community Preservation Funds to
rehabilitate and restore the Building..
4.1:Grantor's-Covenants:Covenantao Maintain:Subject to Paragraph-2 and the terms and conditions of.
this Restriction and such-other terms and-conditions as the-Commission may reasonably impose to
accomplish the purposes of this Restriction,the Grantor covenants.and,agrees at all..times'to maintain the.-
Building in-the same structural condition and.state of repair to that existing following the substantial.
completion of restoration work;to:tie completed.as.a result-ofthe expenditure of Community Preservation
Funds:.Grantor's obligation to maintain shall:require replacement,repair,and reconstruction by Grantor
whenever:necessary:to:preserve the exterior.of the Building.'Subject-to the casualty provisions of
paragraphs.9 and 10,this obligation to maintain shall require replacement;rebuilding,:repair;and-
reconstruction of the Building whenever:necessary m accordance with the policies and procedures of the
Commission and in accordance with The Secretary of the Interiors Standards for the Treatment of
Historic Properties with Guidelines for_Pieserving;Rehabilitating,Restoring,and Reconstructing:Historic
Buildings.(36 CFR 67 and 68),as these may be amended from time to time(hereinafter the"Secretary's:.
Standards":):
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4.2..Granior's.Co'vehants:Prohibited Activities.The following acts or uses are expressly forbidden except
as otherwise conditioned:in this paragraph:
a."the Building shall not be:demolished,removed,or razed except as provided in Paragraphs:9 and
b.the dumping of ashes trash;rubbish,.or any other unsightly or:offensive_materials is.prohibited.on.
the Property near the Building;.
c.-no above-ground utility transmission lines,except those.reasonibly pecessary.for the existing.
_Building,may be created on the Property;subject to.utility easements already recorded;
d.no additions and/or outbuildings may be attached to the Building without prior approval of the'
Grantor;and
e::moving the Building to another location shall be forbidden without prior approval of the
Commission:
5..Conditional Ri is:RequiriniGrantee Approval:Subject to Paragraph 4 and the tends and-conditions
of this Restriction and-such other terms and conditions as the:Con mission may reasonably-impose to
accomplish the.purposes.of this.Restricfiori;the Grantor shall not alter the Building withoutprior.express
written approval of the.Commission.Without said approval Grantor shall not ma an ke s to the
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Building;.including the:alteration,partial removal,construction;remodeling;or.other physical or
structural change,including permanentsigns;and any change in.matdiiial.or color or any change to the
footprint,size;mass;ridge-line;and�rooflines of the Building,Grantor shall similarly not make any
alterations to=the surrounding:Property that would obscure the:current view-of the Building;such-as-the
installation of permanent signage or trees or very large shrubs:without approval of the Commission..
Activities by Grantor to maintain the-Building and the Property which are intended:to be performed in.-
accordanee with the provisions of-paragraph 4:1;and which are of a minor nature,shall not require the
prior approval of the Commission.For the purposes-of this:section,interpretation.of what constitutes=
ordinary.maintenance of a minor nature is goye.med by the Guidelines(Exhibit C),which are;
attached.to this.Agreement and hereby incorporated by reference.
6:.Grantor's Reserved Rig is Not Requiring Further Approval.by the Grantee:Subject to the provisions of.
paragraphs 2 and 4.2,the following rights,:uses,and activities of or.by Grantor on,over,or under the
Property are permitted by this Restriction and by Ahe Commission without further approval by.the
Commission:
a.the right to engage imall-those acts and uses that:
(i)are.permitted by governmental statute or.regulation;
(ii):do::not substantially impair the preservation values of the Building and Property;and
(iii)are not inconsistent-with the P..urpose.of this Restriction;,
b.:pursuant to the provisions of Paragraph 4.1;the right to maintain:and repair the Building strictly
accordingto the Se.crefary's'Standards and subjecfto-a.Certificate of Non-applicability from
the'Salem Historical.Commission.As-used in this sub-paragraph,.the right to maintain and
repair shall mean the use by the Grantor of in-kind materials and colors,applied.with
workmanship comparable.to that which was used in the construction or application-of those-
materials being repaired or maintained,for the purpose of retaining in good condition.the-
appearance and construction of the exterior of the Building.:The right to maintain andrepair
as used-in this sub-paragraph shall not include the.riight.to make-changes in appearance,
materials;workmanship from that existing prior to the.maintenance and repair without the
prior approval of.the Commission in accordance with the provisions of Paragraph 5
7.Review.of Grantor's Reguests for.Approval:'Grantor shall submit to the Commission for the
Commission's approval'of those conditional rights set out at Paragraphs 2 and 5'and two copies of
information(including plans;specifications;and designs where appropriate)identifying the proposed
activity'with-reasonable'specificity:In connection therewith,Grantor shall also submit to the Commission.
a timetable:for the.proposed activity sufficient to permit the-Commissionto.monitor.such activity,Within-
sixty(60)days of the Commission's receipt of any plan or written request for approval hereunder;the
Commission shall certify inwriting that(a).it approves the_plan or request,or(b)it disapproves the plan
or request as submitted,in which case the.Commission shall provide Grantor with written suggestions for..
modif cation or a written explanation for the Commission's disapproval.Any failure by the:Commission
to act within sixty(60)days of receipt of Grantor's submission or resubmission of plans or-requests shall_.-
be deemed to..constitute approval by.the Commission of the plan or request as submitted andao_.permit
Grantor:to.undertake the proposed activity in accordance with.the.plawor request submitted,so long as
the request sets forth the provisions of this section relating to.deemed approval after-the passage-of time.,
8.Standards for Review:In-exercisin an autho•created b this Restriction to.ins ectthe.Buildin'•-to
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review any construction,alteration;repair,or maintenance;or to review-casualty:damage or to reconstruct
or approve reconstruction.ofthe-Building following.casualty damage,the Commission shall apply the.
Secretary's Standards:.
9.Casualty Damage-or Destruction:In the event that-Building.or Pro_shall bor:destro d
e g.:or peaty shae damaged......
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by.fire;flood,windstorm,hurricane;earth movement or other casualty,Grantor shall notify-the
Commission in writing.within-fourteen.(l4)days of the.damage or destruction,such::notification including
what,:if any,_emergency work�hasAlready;beph completed.;NO-repairs,or reconstruction of any type,'other.
than temporary.emergency work:to prevent further damage to.the-Building and Property:and,to protect.
public safety,_shall be.undertaken:by Grantor without the Commission's prior written approval of the
work:Within-sixty(60)days of the date of damage or destruction;if required:by the Commission;-
Grantor at iis.expense shall submit to the Commission.a written report prepared by'a qualified restoration.
architect and an engineer who.are acceptable to the Grantor and the Commission,which report shall.-.
include the following:
a.=an assessment of.the nature and extent of the damage:.
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b:a determination of-the feasibility:of the restoration of the_:Building.and/or:.reconstruction-.
of damaged or destroyed-portions of the Building;and.
c.a report of such.restoration/reeonstruction.work necessary to return the Building to the
condition existing at the date hereof or the condition subsequently approved by.the;
Commission.
.10.Review After Casualty Daniage.br Destruction:If,after reviewing the.report provided.in Paragraph 9
and assessing.the availability:of insurance proceeds4ftei satisfaction of any mortgagee's/lender.'s claims
under paragraph 11,Grantor and the Commission agree that the Purpose of the�Restrictioh will be served
by such::restoration/reconstruction,:Grantor,and the-Commission shall establish a.schedule under which
:Grantor shalLcomplete.the restoration/reconstiuction of the Building in�accordance:with.plans.and
specif cations consented to.by the-parties up to at least the total of the.casualty insurance.proceeds.'.
available to Grantor:
If,after reviewing the:report and assessirig the availability-of insurance proceeds after satisfaction of any.:.
mortgagee'sftndees claims under-paragraph 11,Grantor.-and the Commission agree that
restoration/reconstruction of the Building-is impractical or impossible;or.agree.that the Purpose of the=-
Restriction would not-be served by-such:restoration/reconstruction and Grantor may,with prior written
consent of the Commission,alter,:demolish;remove or raze the Building,and/or construct-new
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improvements on the Property;Grantor and Grantee.may agree to extinguish this Restriction in
accordance with the laws of the Commonwealth of Massachusetts and paragraph 23-hereof.
'-
If,after re,viewing the report and assessing the availability of insurance proceeds.after satisfaction:of
mortgagee's/lendees claims under.paragraph.l.l;Grantor and the Commission are unable to.agree that the
Purpose of the Restriction will or will:not be.served-by such restoraiion/ree-onstruction,the matter may be
referred by either party to binding arbitration.and.settled in accordance with the Commonwealth of
Massachusetts arbitration statute then in effect;and all.other:applicable laws,rules,.regulations;and
ordinances.Arbiter shall have experience in historic,preservation matters:
11.-Insurance:Grantor shall keep the'.Building insured by an insurance company rated."A-l"or-better by
Best's ore uivalent rating agency,g for the.full re'lacement value against loss from-the per Is commonly
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insured under standard fire:and'extended coverage policies and comprehensive.general Iiability insurance
claims for
-against
personal injury,death and property damage.:-Property damage insurance shall include.
change in condition and building ordinance coverage;in form and amount sufficient to replace fully the
..
damaged Building without cost'or expense to Grantor.or contribution or coinsurance from.Grantor..
"Grantoi shall deliver to the Commission;withinten(10)business days of the Commission's written
request thereof,certif cater of such insurance coverage.:Provided;however;that Whenever the Property is
encumbered with a mortgage or deed of trust nothing.contiained in this paragraph shall jeopardize the
prior claim,if any,of-"the mortgagee/lender to.the insurance proceeds:"
12:Indemnification:Grantor hereby agrees-to'protect;_indemnify_;hold.haimless and defend;at its
own cost and7ex ense,Grantee its boards;commissions,:a_.intees a tints directors em to.ties or
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independent.confractors from and-against any and all.claims,liabilities,expenses,:costs,damagesJosses
and expenditures(including attorneys'.fees and disbursements hereafter incurred)arising.out:of or in
connection with injury.to or death-of any personas a result of the existence of this Restriction;physical.
damage to the.Building;the presence or release in,on,or about the Property,at any time,of any.
substance now or hereafterdefined;listed,or otherwise classified pursuant to any law,ordinance or
regulation as a hazardous,toxic;polluting or'contaniinating substance;:or other injury or other damage-
occurring on or about the Building;.'unless:such injury;death,or damage is caused by Grantee-or its
boards;commissions,:appointees,agents,directors,employees;or independea.contractors:In the event
that Grantor is required to indemnify;Grantee pursuant to the terms of this paragraph,the amount of such
indemnity,:unti]discharged,_shallsonstitute a lien on the Property with thesame.effecfand.priority as a
mechanic's lien:
13:Written-Notice:Any notice which either Grantor or Grantee may desire or be required to give to the
other Party shall be in writing;
Grantor:House of Severi Gables Settlement Association
:115 Derby Street
:Salem,NM 01970
Grantee:City.of Salem'
c/o Salem Historical Commission
Department of Planning&Community Development
120'Washington-Street.
Salem,MA 019.70
Each party may change its address set-forth herein by a notice to such effect to the other party:.
7_
14.Evidence of Compliance.Upon request by Grantor,Grantee shall promptly furnish Grantor with
certification that,to the best of Granfee's knowledge,Grantor is in compliance with the obligations of
Grantor contained Herein,or that otherwise evidence the status.of this'Restriction to the.extent of
Grantee's knowledge thereof.
15.Inspection:With the consent of Grantor,Grantee or its representatives shall be'permitted,afreasonable
times to irispect the Building and the:Property on annual basis.Grantor covenants not to withhold
unreasonably its consent.in_determining dates and times for such inspections..
.16.Grantee's Remedies:--The Grantor,for itself,its assigns and successors,expressly acknowledges that a
violation of this Preservation Restriction.Agreement,including a failure to expend such Funds for-their
intended purposes,.may result in the Commission exercising its right-to enforce the terms and conditions
ofahe Restriction-by-seeking appropriate'legal and:equitable relief,including,but not limited.to,
restoration of the Building repayment of the Funds;and such other legal and equitable remedies as may
be available to the Commission to effectuate the purposes of this Restriction and.to enforce the Grantor's
obligations hereunder.
In the event Grantords found to have'violated any of its.obligations,Grantor shall reimburse Grantee for.
any costs or expenses incurred in connection with Grantee's enforcement of the terms of this Restriction;-.
including al]court costs;and attorneys;architeciurai;engineering;and expert-witness fees.Grantor shall,:
at its own expense and with approval of Com_miss_ion;reverse any actions or activities which violated this
restriction and altered the Building:
Nothing in Restriction shall impose upon the:Commission an duty to maintain or require..that the
Building be maintained in any particular state or.condition,notwithstanding the Commission's acceptance
hereof.Enforcement of the.terms of this Preservafionf Restriction shall be the discretion of the
Commission.Any election by the-Commission.as to the:manner and timing of the:exercising of its.right to
enforce this.Preservation Restriction or-otherwise exercise its rights.hereunder shall not be deemed or
construed to be:a waiver.of such rights.By its.'acceptance'of this:PreservationRestriction;the
Commission does not assume.any-liability:or obligation relating to the.condition of the Building or the
Property;including compliance with hazardous materials or other environmental laws and regulation"s.
17.Notice from Goveminent Authorities:Grantor shall deliver to Grantee copies of any.notice of'.
violation or lien,relating to the Building or Property received by Grantor from any government authority
within five(5)days of receipt by Grantor.Upon request by Grantee,.Grantor shall promptly furnish
Grantee with evidence-of Grantor's compliance with such notice or lien where compliance is required by
law.
19.Notice of Proposed Sale:Grantor.shall promptly notify.Grantee in writing of any:proposed sale of the
Property-and provide the opportunity.for Grantee to explain the terms of the Restriction to potential_new
Grantors prior to sale.closing.
19.Runs with the Land:Except_as provided in Paragraphs 9 and 10,the restrictions,obligations and
duties set forth-in.this Restriction shall run.%i ith'the Property and:shall inure to the benefit ofthe'_
Commission and all parties_claiming by;through or under the Commission and shall bind the Grantor.and.
all parties claiming by,through:or urider the Grantor.The rights hereby granted.to the Commission
constitute the,perpetual right of the.Commission to enforce this Preservation Restriction Agreement.'The
Grantor.hereby covenants for.itself to stand seized and hold title to the Property subject to the terms.of
this Restriction.This Restriction shallextend to and be binding-upon Grantor and Grantee,their
respective successors in interest and all persons hereafter claiming under or-through:Grantor and Grantee;
and the words"Grantor",Grantee„when used herein shall include all such persons.Any right;title;"or.
8
interest herein granted to Grantee also shall be deemed_granted to each successor and assign of Grantee
and each such Nlowing successor and assign thereof;and the word"Grantee"shall include all such.
successors and assigns:
Anything_contained herein to the contrary notwithstanding;Grantor.of the Property shall have no
obligation pursuant to this instrument where such Grantor shall cease to have any Grantorship interest in
the Property by reason of a bona fide transfer.The restrictions,stipulations and covenants contained in
..
this Restriction shall be inserted by Grantor,verbatim.or by express reference,in any subsequent deed or
other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in.
the Property-or any part thereof;including:by way of example and not limitation,a.lease of all or a portion
of the Property:
20.Assignment:Grantee ma conve assi or transfer'this Restriction to a unit of.federal_state or.local
y y,gr►;�,
government or to.a similar local;state,or national charitable corporation or trust that qualifies under.the:
Act,and whose purposes,inter alias are to promote preservation of historical,cultural,or architectural
-.
resources;provided that any:such conveyance;assignment or transfer requires that the Purpose for which
'the.-Restriction was.granted will continue to-be carried-out..Grantor shall give:prior written:approval of
such conveyance;assignment,or transfer by Grantee,such approval not:to be unreasonably withheld..
2L.Alternate Designee::Grantee may;at-its-discretion,-remove:and replace the Commission as its
designee to administer,manage,and enforce this-Restriction,provided that any.new.designee is qualified
as such under the Act and other applicable law:
22.Recording and Effective.Date:.Grantee'shall d6and.perform.at its:own cost all acts necessary.to the
prompt recording of this Restriction which shall become effective upon its being duly executed by the..
Grantor,the City of Salem,and.the Salem Historical.Commission,-its being approved'tiy.the
Massachusetts.Historical Commission,and.its being recorded with the Southern Essex County District
.Registry.of Deeds,
23.Extinguishment:Grantor-and Grantee.hereby recognize that an unexpected change in the conditions,
surrounding:the.Property may make impossible the.continued Grantorship or use-of the:Property for.the_
Purpose.of this Restriction-and necessitate extinguishment of the Restriction.Such a change in conditions
may include but is not limited to,:partial or.total destruction ofthe:Building.resulting from casualty.Such
an extinguishment must meet all the requirements of the Act for extinguishment;.including public
hearings by the City of Salem andthe-Massachusetts.Historical:Commission to determine that such
-
extinguishment is in the public interest.In the event of a-sale of the Property,net proceeds of sale shall be.
paid to Grantor.
24:Condemnation:If all.or any part of the Pro
is taken under the ower of eminent domain b
public;-ate or authority;or otherwise acquired by such.authority through a purchase in lieu of
a taking;Grantor and Grantee shall join in appropriate proceedings at the time.of such taking to-recover
the full value of those interests in the Property that are subjeefto the taking.and all incidental and direct.
damages resulting from the taking.All expenses reasonably incuded.by Grantor and Grantee in
connection with such-taking shal-l'be.paid out of the recovered proceeds.Such recovered-proceeds-shall be
paid.to Grantor.
25.interpretation:The following provisions shall govern the effectiveness,interpretation,and-duration of
the Restrictions
a..Any rule of strict construction designed to,limit the breadth of restrictions on alienation or use of
the Property-shall not-apply in the construction or interpretation of this Restriction and this
9
instrument shall-be interpreted broadly to affect its Purpose and the transfer of rights and the
restrictions onuse contained.herein:
b;-This instrument'm4y be executed in two counterparts;.one of which is to be retained by:Grantor
:and the.other,after recording,to-be retained-by Grantee:In the event of any.disparity between the.
counterparts produced,the'recorded counterpart shall in.all cases govern.Except as provided in'.'
the precedina:sentence,each counterp art shall_constitute the entire:Restriction of the parties.
c.This instrument is made pursuant to the Act;:but the invalidity of such Act or any part.thereof
shall not affect-the validity and enforceability of this Restriction according:to.its terms,:it being.the intent ofthe:parties to agree and to bind themselves,their'successors-and their assigns-in
perpetuity to each-term of this instrument whether this-instrument.be enforceable by reason.of any.
statute;common law or private Restriction either in existence now or at any time subsequent.
hereto.
d.Nothing•contained herein shall be interpreted to authorize or permit Grantor:.to violate any:.
ordinance or regulation relating to,building�iateriats;construction methods or use.In the.-event of
any.conflict between any such ordinance:or regulation and the terms hereof,Grantor promptly
shall notify Grantee of such conflict and shall cooperate with Grantee"and the applicable
governmental entity-to accommodate the purposes of both this Restriction and such ordinance.or
regulation.:
If any court or other tribunal determines that any provision of this instrument is invalid or.unenforceable;_such provision shall be deemed-to have been incorporated herein automatically io-conform to the
requirements'for validity and-enforceability as determined-by such court.or'tribunal..In the event any..
provision invalidated is of such a nature that it cannot be modified,the:provision shall be deemed'deleted
fro,Preservation Restriction a's-though it had never been included herein.'In:either case,the
remaining provisions of this instrument.shall remain in full.force and effect.
26.Amendment:If circumstances arise'under which an amendment to-or modification of this Restriction_:
would be appropriate,Grantor and Grantee may by-mutual written agreement jointly amend this
Restriction,provided that na amendment_shall be made that will adversely affect the qualification of this
Restriction.or the status_of Grantee:.under-any applicable law.Any such.atnendin'hall be consistent.
with:the protection of the preservation;values of the'Property and the Purpose ofthis Restriction;shall not.
affect its perpetual duration;shall.not permit any.private increment to,any person or entity;und'shali not-
adversely impact the overall.architectural-and historic.valuesbrotecied by this Restriction.Any such
amendment shall.be effective when the.'requirements of the Act with respect to amendments have been.
met and the amendment is recorded,irr the Southern Essex County District Registry of.Deeds:Nothing in
this paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate
regarding-any amendment.
27:.keleaSe:This Preservation.Restriction is-intended-to be a restriction in'gross-in perpetuity-and may
only be released,in whole or in part,by the Grantee pursuant to the procedures for release established-by
the Act and otherwise by law,including approvals.following public hearings by the City of Salem-and the:
Massachusetts:Historical Commission,to determine that such a release is in the public interest..
28.Archaeological Activities:The conduct.of archaeological-activities on the Property,including without
limitation survey,.excavation,and-artifact retrieval,may occur only following the submission pf an:
archaeological field investigation plan prepared by,the:Grantor and approved in.writing by the Grantee
and the.State Archaeologist of the Massachusetts.Historical Commission(M.G.L.C.9;Sec.27C,950
C.M.R.70.-00):
29.Subordination:-Grantor and Grantee.acknowledge that as of the date of this Agreement;.the Property
and the Buildingare subject to a perpetual Preservation Restriction�p pe Agreement held on.the Property and.
10
the Building by the.Commonwealth of Massachusetts by and through-the:Massachusetts Historical
Commission and recorded with the.gssez South Registry of deeds on April'1;20T6 in Book 34818,Page
185-(herein er the`WHC Agreement').Grantor agrees:that:in addition to complying with the:
restrictions contained in.this Agreetnent,::Grantor.will continue to.comply.with the restriction
in the NIHC.Agreement,as,it may be amended from time to time.Grantor and Grantee.agree that this
Agreement shall.be subservient to.the MH.0 Agreement,and further agree that should any dispute arise-
_between Grantee and the Massachusetts Hstorical.Commission in the process of fulfilling the.
requirements ofthese.iestn6tions,the Grantee shall defer to the demands and requirements'set out by the
Massachusetts.Historical Commission.
-
IN.WITNESS:WHEREOF,the Grantor-sets its'hand and seal this 13 day of 2016.--
By:
:GRANTOR:.
HOUSE OF SEVEN GABLES SETTLEMENT-ASSOCIATION'
am.
e:-Andrew'.Meyers
Title:President.:
HOUSE OF SE N'GAB S SETTLEMENT ASSOCIATION.
Name:-Ellen Dunn
Title:-Treasurer
COMMONWEALTH:-OF MASSACHUSETTS
E.ssexss.
On this3 day of-U L;2016,before me;the:undersigned notary public,personally:.-
appeared Andrew Meyers;p ed to:me-through satisfactory evidence<Y,w.fl
of identification,which v✓(a current driver's license(a current U:S.passport):(niy person al.knowledge
of the identity.of the princip-,.o the person-w ose name is signed:on th preceding or attached
document,and acknowledged to=me that s/he signed it voluntarily-i d p oses,
_-)GSE A..GONZALEZ
>Notary Public-public
':_--ConimonweW of Massadusetts i o
on
Not
My.mmissi Expires
My Commission:Expires October30.2020
COMMONWEALTH OF SSACHUSETTS
Esse ss„.
On this.:t3..day of U-(:2016,before me,the undersigned notary.public,_personally..
appeared Ellen,Dunn;.prove me through satisfactory evidence
of identification,which w a current driver's license(a current U.S.passport)(my personal:knowledge
of the identity of the.principal),to-e e person_whose name is,si ed on ding or attached.
document-,wk-acknowledged to me that slhe signed it voluntar•its s ted pu ses:
-`°_`10SE:A.GONZALEZ t Publi
Notary Public..My Commission xpires:a
n'-
-mM
Commonvieaitt1 of Mass h
Mt E'o>nmission Expires October
12
ACCEPTANCE BY THE SALEM HISTORICAL COMMISSION
Jes ca$.Herbert;duly authorized
Chair,Salem Historical Commission.-
COMMONWEALTH.OF MASSACHUSET S
Essez,ss.
O t 2016;before me;the un ersigned nopublic,personally"
n thi day of.V e d e
appeared Jessica B.Herbert;proved'to me throw safisfactory evidence"�S
of identification;which was a current driver's.license(a current U.S.passport)(my personal"knowledge
of the identity of fhe principal),.to_a the:petson w.ose name,is signed on.the preceding or.attached
document,and acknowledged to me'that:s/he.signed it'voluntarily for its stated purposes as"duly
authorized Chair of the_Saleni Historical Commission.
Notary Public
JULfA:D,a MEpINq-
CQ1iM0 My Commission Expires:.
j Notary Public
I IIA COMMONWEALTH OF MAMCHUSETiS
Ui My.commisoon Expires-:-
Mey4,2018
13
ACCEPTANCE AND APPROVAL BY THE CITY OF SALEM
I,the undersigned City Clerk of the City of Salem,Massachusetts,hereby certify that at a meeting duly
held on May 28,2015,the City Council voted to approve and accept the foregoing Preservation
Restriction Agreement for the preservation of the historic resources of said City and being in the public
interest pursuant to Massachusetts General Laws Chapter 184,Section 32.
Chery aPointe
City Clerk
The undersigned hereby certifies that the foregoing preservation restrictions have been approved and
accepted by the City of Salem:
1,f—s
Kimberley Nriscoll
Mayor
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this A day of Te L,2016,before me,the undersigned notary public,personally
appeared Cheryl LaPointe,pioved to me through satisf idence of identification=owe
which was(a
current driver's license)(a current U.S.passport m ersonal knowledge of thaMac
e p'nct a
to be the person whose name is signed on the preceding or attac a ocument,g to me
that s/he signed it voluntarily for its stated purposes as Clerk of the City of Salem.
N tary Public MAUREN E..F�S
HER-,
My Commission E-Notary,Public.COMMONWEALTH--OF MASS-EM-
My colnrmssinn Expires,
COMMONWEALTH OF MASSACHUSETTS stay:a;:z020
Essex,ss.
On this a day of 2016,before me,the undersigned notary public,personally
appeared,Kimberley Driscoll,proved to me through satisfactory evidence of identification which was(a
current driver's license)(a current U.S.passport)ersonal know edge of the identity of the principa,
to be the person whose name is signed on the preceding or attached document,an ac now a ge to me
that she signed it voluntarily for its stated purposes as Mayor of the City of Salem.
Notary Public
My Commission Expires:fk�3 2,-6212.
JENNIFER WESSELL
4 Notary Public
COMMONWEALTH OF MASSACHUSETTS
14 My Commission Expires
June 3,2022
APPROVAL BY THE.MASSACHUSETTS HISTORICAL COMMISSION
COMMONWEALTH OF MASSACHUSETTS::
The.ugdersigned Executive Director and Clerk of the.Massacliusetts"Historical Commission hereby..
certifies that•foregoing:preservation restriction has,been:approved pursuant to.Massachusetts.General.:
Law,.chapter 184;section 32.
•MASSACHUSETTS HISTORICAL:COMMISSION
By:.hatiox�e w►�s.
Bronx Simon
COMMONWEALTH-OF MASSACHUSETTS
Suffolk,ss.::
On this day of.-:/;2016,.before me,the undersigned notary public,personally
appeared;Brona Simon;,proved to through satisfactory evidence of identification,which was(a=
claunw4var,"'m.,ersonal knowled a of the:identi of the nnci al'
..):�..Y P.g...ty.....p P),.
to-,be the person:whose name-is signed on the preceding-or attached.docutnent-md acknowledged tome
-that she signed it voluntarily;for-its stated-purposes:
No Pub a..
tart'..
My Commission Expires:::•
�Ql:y
_Ni'A Y MAIDA..
Notary Pubfie
COMMONWEALTH OF.MASSACHUS.ET7S
My Comm(esbn Expires...
Januiiry 25,20i8:
15
EXMIT A:.
The-land.and'buildings at 113 and 115417.Derby Street-Salem;,Massachusetts w owned by.The
-House of Seven-Gables Settlement Assoc ation.(also known as Parcels 41-0300 and 41-0303.on
City of Salem,Mass.Assessor's Map No.4.1.)as follow:
-PARCEL 1
In Salem,Essex County,Massachusetts;.bounded and described as follows:
-
ORTHWESTERLY:by Derby Street,fifty-four(54)feet;.
NORTHEASTERLY:._by land now.or formerly of-Dominick,eighty-one.(81)feet six(6)
SOUTHEASTERLY:..by land now or-form y-ofHodges,-fifty.-two(52)feet;and
SOUTHWESTERLY:-by.Hardy Street;eighty--.one_(81.)-feet.six(6}inches
There is exoluded itoni the premises.aboge descn'bed that-portion taken byahe.City of Salem by
-
instruments recorded-in Essex South-Distriet Registry ofDeeds,Book 21.91 Page 596,and Book
2187;Page 42&and shown on a plan entitled"Widening of a Portion of Handy Street,August
1912,.George F.Ashton,:City Engineer,recorded with.Essex South.District Registry of Deeds,:.:
December 17,1912:
Being:the premises conveyed.to The House of Seven.Gables.Settlement Association by deed of-
William II K.Donaldson.dated October 2%1-967,recorded-at Essex South District Registry of.
-Deeds in Book 5485 Page 178.::.
PARCEL 2:--
Beginning at the Northeast corner of-the:premises:on Derby.Street;thence running.
:.WESTERLY on Derby Street,.54.feet;thence turning and.running
SOUTTiERLY.by land now:or formerly of Foye,80.feet;thence turning and running.
:.EASTERLY,by.land formerly of Holyoke,.now or-late of Wright;46_feet;thence:.
turning and ninnmg
NORTHERLY by land formerly of Allen;now or:late.of Granger,.11-feet;thence turning
and running
EASTERLY by land formerly of Allen,now:oraate ofGranger,8.feet;thence turning
and running
16
NORTHERLY by land formerly of Allen,now orlate=of Granger;69 feet to point begun:.
at..
-Containing.about square feet
Being A-portion of the premises conveyed to The House of Seven Gables Settlement Association"
by deed of Robert E.Curran;et al;Trustees,dated December 19;1995,:recorded in.Essex South
District Registry of Deeds;Book-13331,Page 35&.
PARCEL 3:.
A certain:.parcel of land bounded and described as follows.-
NORTHWESTERLY:-..
by.Derby"Street.28.18 feet;
SOUTHWESTERLY by land.of the City"of Salem on a.curved line.37.82 feet and.then a
stiaikht line 49.27 feet;
SOUTHEASTERLY by land of the.House of Seven Gable Settlement Association L.C:.
4.62.feet,and 55.53 feet;and.:"
SOUTHWESTERLY:-by land.now or.formerly of Dominick 69.64 feet.
Being shown as Lots 2&3 on a Plan entitled and of House of Seven Gables Settlement
-Assoc.:-Cot Derby&Turner Sts;Dec.19649;Edwin T.BrudzinsK Surveyor,recorded as
Essex County South District-Registry.of Deeds Plan No.332"of 1965.
Being a portion of the premises conveyed to the.-House,of Seven Gables Settlement Association
by Williarn E.O'Brine et al,Trustees,by deed=dated January.:12,:1962,-recorded:at.said Registry
Book 4870,Page 11.0:.Also see.deed by House-of Seven Gables-Settlement Association
convey�ng.Lot l_on said Plan to:the City of.Salem,.dated 1~ebsuary".8,1965 on record at.said.
Registry Book 528%Page 21:.
PARCEL 4:
A parcel of land.off of Turner-9treet-bounded and described as follows:
NORTHEASTERLY b land of the City of Salem,.'"seven and 86/100 67 86 feet;
SOUTHEASTERLY-by lands of Golin and Martin sixty-seven and 73/100(67.73)feet;
SOUTHWESTERLY by land of Sylvia.E.Millett sixty seven aad 71/100(67:71)feet'and.
NORTHWESTERLY by.land.of Frances E.Gardner sixty two and 78/100(62.78)feet.-
17
Being Lot 3 shown on-Land Court Plan No.-1086B on file with said Registry:
For title,see Transfer Certificate of Title'No.3028.1 on file at said.Registry.Also;see.
subdivision of this parcel as shown on Plan 1086B,and House of Seven Gables Settlement
Association deedof Lots.1 and 2 shown on saidPlan to the City of Salem,dated Feb.891965;on-
record as Land Court Document No:115586.
PARCEL 5:
The.land-and any buildings thereon,bounded and described as follows:-.
NORTHEASTERLY by Tamer Street,twenty:eight and 63/100(28.63)'feet;
SOUTHEASTERLY twenty nine and 2511.00(29.25)feet;:
SOUTHWESTERLY 039_of a foot,
SOUTHEASTERLY twelve and.19/1.00(12.19)feet,
NORTHEASTERLY 0.34 of a foot;.and_
SOUTHEASTERLY six aad.50/100(6.50)feet and.thir-ly three and 50/100(3360).fee4 all:by
land now or formerly of Mary E.Hutchinson.&t al;
SOUTHWESTERLY eight and.97/100(8.97)-feet-and twenty one and 27/100(21.27)feet by
..
lands now or formerly of Charlotte S.Archer et at and of Martin Golin et al rep pectively;,and
NORTHWESTERLY by lot B as shown on:plan hereinafter mentioned eighty.and 42/100
(80:42)feet.
All of said boundaries are determined by the Court to.be located.as-shown onplan numbered
.2638=B drawn by,Thomas A.Appleton,C.E:,dated Dec 28,1926;as modified and approved by
-the Court,filed in the Land Registration.Office,a copy of a portion.of which-is filed with
Certificate-of Title#6546 in said Registry;,and the above described land is'shown as lot#A on
last nientioned.plan.For owner's title;see.Land Court Transfer Certificate of Title No.6546;on
file at-Essex County South District Registry of Deeds:
PARCEL 6:
..A Parcel of land and any buildings thereon situated on Turner Street further bounded and.
described as follows:
EASTERLY by.Turner Street sixty-nine(69)feet;
-SOUTHERLY by land formerly of Susan Ingersoll eighty-three(83)feet six(6).inches;
18
Lot B:
Also:another parcel:of land adjoining the above described lot and'shown as Lot B on the-Plan-
above_referred-to containing'about seventeen thousand two hundred and twenty(17,220)square
feet of land;and bounded:Beginning at the northeasterly corner of the lot above described at a
point on-the westerly,line of Turner Street five{5)feet southerly of the intersection of the line of
the southerly side-of Turner.Hall.and the line of said Turner.Street;-and thence running:.
southwesterly-parallel to and five.(5)feet distant.southerly from the side of:said Turner Hall..
�_
about thirty-five(3-5)feet to a 06int thence running northwesterly nearly.northerly-on aline:
which is:five(5).feef easterl from and arallel to.the easterl Bide.of the:Sho or:Tea Room so-
called;.fivetenths(0.5)feet,thence running southwesterly nearly westerly on a line-which is
-approximately:halfway between the two buildings known as the Shop or Tea Roomand'Turner.
Hall;a distance.,of about fifty-three(53):feet thence turning-at a right angle.and.running
northwesterly about:ten and five tenths(10:5)g
feet,-thence southwesterly nearly westerly
..e running
on a line five(5)feet north westerly from and parallel to the northerly side of the Shop.or.Tea_
-Room,,so=called;about tliirty-one:(31)feet to a fence,(hence running northwesterly:by said..
fence and in:a continuation of the same about twenty-three(23)feet to,a fence,thence running
northeasterly by a fence about thirty=five and five.tenths-(35.5)feet to a point on the.about ten(]0�
feei.to a point about one and five tenths 1.5 feet northerly from the corner of:said building;
southwesterly-line of Turner thence-running northwesterly by Turner Hal]
-poi()Y
thence running,northeasterly about-seven:(7)feet to.a point on the northerly fne.of.said Turner
Hall,thence naming north westerly nearly northerly about five{5)feet,-thence
running northeasterly-about seventy-five(75)feet to a point on the westerly line of Turner street;
thence Winning southeasterlyby Turner Street about fifty-two.52.feetto the int of be.'n
containing approximately five thousand one_hundred and seventy(5,1.70)square feet of land.-
This deed.conveyed portions of lot 7 and 8;and:a11-of Lot 9 to the House of Seven Gables
Settlement-Association:The remaining portions of Lots.7&8 were granted and devised t-the
House of Seven Gables Settlement Association by the Will of Caroline O:Emmerton;Essex
County Probate and Family Court Case Docket No.202581.
PARCEL 10
The land-situated in Salem Hardy Street,bounded.and described:
NORTHERLY by land Rowell;now of the gran ni tee,herein,nety=nme(99)feet;
EASTERLY by nand formerly of Upton,and now of the said grantee-arid land of the_.
Salem Marine Society,and by flats-of said S.alem.Marine Society eighty-
five(85)feet;
SOUTHERLY,by flats nor or.formerly of Hardy Pluppen one hundred 0 00)feet;and-
WESTERLY by:Hardy Street and flats at the end of said street seventy-nine(79),feet
and six(6)inches:.-
19
Being the.premise conveyed to Caroline 0.Emmerlon-by Deed of Sarah A.Connor dated May
19,1910,recorded at said Registry Book 2019;Page 265.:This property:was=
subsequently given and bequeathed to The-House of Seven Gables:Settlement:Association.*the
Will of Caroline O,Emerton,Essen County Probate and Family Court Case Docket No.
202581..
PARCEL.11:.
The land in Salem,together with.any buildings thereon,bounded and described as follows:
WESTERLY by Street sixty-four(04)feet and.ien(10)inches;
SOUTHERLY by land now or formerly-of Real ninety-eight(98)feet and-nine(9)inches;:.
EASTERLY by.land formerly-of James Everson sixty-five(65)feet three and(3)
inches;and
NORTHERLY by land of Rowell ninety-eight.(98)feet-three-(3)'inches.
Being the.preniises.conveyed to Caroline O:Euimerton by Deed of S:Herbert,Wilkins,et al,-
dated July 13;'1908 and recorded at said Registry:B.00k_1926;Page 349._This'pr9peity was
subsequently given and bequeathed to.The.House of Seven Gables Settlement Association by the
Will of Caroline O:Emmerion,Essex x County,Probate and.Family.Court Case Docket No.=
.202581..
PARCEL 12:
The land in Salem;together:with.any buildings thereon,bounded and-described as follows:
WESTERLY by Hardy Street fifty(50)feet;.
NORTHERLY w by land-now or formerly of Pingree and Archer about ninety-six(96)feet;
EASTERLY.by land:o f the grantee fifty(50)feet;and
SOUTHERLY by land.of the grantee about ninety-six(9.6)feet.
Being the premises conveyed to-Caroline O.Emmnerton by Deed of.S.Herbert Wilkins dated
August 30,_22,recorded at said registry Book 2525;Page 541.This properly was
subsequently given and-.bequeathed to The House of Seven Gables Settlement Association,by the
..
Will of Caroline O.Emmerton;Essex County Probate and Family Court Case Docket No.
202581:-
20
PARCEL 13:
The land in.Salem,together with any buildings thereon,bounded and-described as follows:..-
Beginning at the southeast comer,thence running
NORTHERLY forty=siz.(46)feet by Hardy Street,thence.running
EASTERLY about ninety=four(94)feet by land of the:late Nathaniel Phippen to land
=now or late of Hutchinson;then&running-
SOUTHERLY forty-seven(47)_feet nine(9)inches by land now or late of Hutchinson
of Ingersoll,.
and ersoll,now or late to land.of Rowell;thence running
.-..
WESTERLY by Lind of Rowell to.the point begun at::
Bein-thepremises conveyedao:Caroline O:Emmerton Deed of David Pingree dated May 28,...
1913,recorded at said%:'s YBook 2214;P e:205.This ProP Ywas.
o
Subsequently.given and bequeathed'to The House of Seven:GablessetdemenfAssociation.bythe:.
Will of:Caroline O..Ernmerto4 Essex County Probate and Family..Court Case Dodcet
No..20258 L-
-PARCEL 14:
'Me land'in Salem,together with build thereon known as 25.Hardy Street;bounded.and.
described:as follows:
Beginning at the northwest corner of the.premises.by Hardy Street,thence running-
_....-...
:SOUTHERLY,about:forty-seven(4 n-feet by Hardy:Street;thence_tunzing and running:.
EASTERLY about niaety4ow(94).feet by land which was formerly of Benjamin
Phippen,now of Pin gree;.thence turning and;unnmg
:NORTHERLY about forty-seven.(4)feet nine(9)inches by land-fornmrly.of Hutchinson
and Bowditch,now of Emnierton;.thence tgmmg and_rvnning
WESTERLY,by land formerly ofWebb,now or.late of Dudet about ninetyAhrm(0)..
..
feet to Hardy Street:and point begun at:-
-Being the premises conveyed:to Caroline 0:Emmerton by Deed of William H:Goldsmith;
Executor of the.-last will.of Charlotte L.:Archer,.to Carotin..O.,Emmerton-dated:May 27,1913-,...
recorded in said Registry Book 2214,.Page 2-11,and Deed of Wiiliarn H.Goldsmith,Trustee-
.under the oast will of Charlotte L.Archer to-Caroline'O:.Emmerton dated Maya1�9,'1913,
recorded at said Registry Book 2214;Page-212:.This property was subsegneritly given.and
:bequeathed.fo.The House 4 Seven Gables Settlement?►ssociation by the..
Will of Caroline..0.Emmerion,-Essex County Probate and Family Court.Case.Docket No:
202581....
:.PARCEL 15:-
The land.in said Salem,together with:the buildings.thereon,bounded and described as follows:
WESTERLY:.-by Hardy Street;
NORTHERLY:by-land formerly of Henry A:Perkins;
EASTERhY:by land formerly of Ebenezer Bowdwich;and
SOUTHERLY:by land,formerly of Joshua Phippen;now of the grantee.
Being the.same premises conveyed to The House;of Seven Gables Settlement.Association.-by
John-H.Gavanda,'et al;by deed dated October-30;.1964,recorded with Essex South District•.-
Deeds;Book 521:9,Tage_663.:.
PARCEL:16
The iand.in said Salem,-together with the buildings thereon;bounded and.described as_follows:
NORTHERLY by.land now or formerly of Richard Davis,about ninety-one(91}feet;
EASTERLY by land now or formerly of Atwill and-Bowditch,about thirty-one(31)feet;
SOUTHERLY by.land now or formerly of Webb;ninety-one
WESTERLY by Hardy Street;thirty:two(32)feet.
Ail measurements being more.or less:-
For title see deed of William H:K:Donaldson;et-al;_to the House of Seven Gables Settlement
Association;dated.May.17,1%0,•and recorded with Essex South District:Registry of Deeds,
Book 5361,Page.723.
PARCEL 1.7:.
WESTERLY:..byHardy.Street,thirty-five and 5/10.(35:5).feet more-or less;
SOUTHERLY'-'.'ey land now or formerly of Perkins;sixty-four and 4110(64.4)feet;
.�EASTERLY:by land of Kan�Yasz c;,.ei gl►teen and 46/1:00..l 8:4 fees,;
_...(..
NORTHERLY by]and of Kanaszczc aand,-twelve and�32/100(12:32)feet;.
22
NORTHEASTERLY:by said Kanaszczyc.land,.twenty and 85/100(20:85)feet;.
NORTHERLY by said Kanaszczyc land,forty(40)feet
Said Premises are shown on plan entitled"Subdivision of land in.Salem;belonging to.Stanley A.:
and Mildred G.Kanaszczyc Bass River Eng..Co."dated February 1;1956,recorded with Essex.
South District Registry of Deeds Book 4255,Page,197:-
Fortitle.see deed,of William H.K:Donaldson::to the House of Seven Gables Settlement
Association dated May 17;1966,zecorded with Essex South.District,Registry of Deeds;-Book.
5326.1.,.Page 723.
.PARCEL 18
Th&land:with the buildings thereon,situated on Hardy Street;,in said'Salem;bounded and
described as follows..
WESTERLY:by Hardy Street;twenty and:501100feet.
NORTHERLY:....by land of bwner unknown,-ninety-seven(97)feet;:more or less;
EASTERLY:by land:of owner unknown,fifty-three(53)feet;more or less;.
SOUTHERLY:.by land of owner unknown,thirty(30)feet;more or:less;.
WESTERLY:by land now:or late'of Goodwin,eighteen and 46t.100(18.46)feet;
SOUTHERLY:b saidGoodwin Land;.y twelve and 32/100.(12:32):feet;.
SOUTHWESTERLY:by.said Goodwin-Laad-twenty and 85%100-(30.85)feet;and
SOUTHERLY:by said Goodwin Land;forty(40.)-feet
Said.premises are conveyed subject to and.with the benefit of a four.(4):foot right of way_-
between Lots A and.B on a plan recorded in Essex:South District Registry:of Deeds;Book 4255,
Page i 97;'to be used is common with the ownersof the d grante premises and said Goodwin
....-.
-For title see deed of George H.Audet et al,.to the House of Seven gables Settlement Association
-
dated April 18,1966,recorded in said Registry'of Deeds in Book 5354,-Page 1'0.6..
.23
WESTERLY by land formerly of Phippen sixty-nine(69)feet ten(10)inches;and.
NORTHERLY bland formerly of the estate of Bowditch.eight=one.(81)feet six(6)..
inches.
Being the premises conveyed to Caroline O..Emmerton by.Deed of George H.Shattuck;et ux,
dated February 20;1913,recorded at said Registry.Book 2197;Page 550.This property was
subsequently-given and bequeathed to The House of Seven-Gables Settlement Association by the.
Will of Caroline O:Emmerton,Essex County Probate and.FamilyCourt Case Docket
No:20258.1.
PARCELS 7.-8&9:.
..
The land in Salem,together.with buildings thereon,off of Turner.Street and shown as Lots A and
13 on a plan:entitled"Land of Caroline O:EmmertoN Salem,.Mass"dated;December,1936,
Thomas A.Appleton,C.E:,said Plan_recorded as at-Essex-County South District Registry of
:.Deeds-as Plan No:l 80:of 1936,_and recorded with the Deed of Caroline O:Emmaton to The-
="House of Sevea Gables Settlement Associations dated December 30...1936,recorded at said
Registry.Book 3098,Page 361:
These parcels are finther bounded and.described in the deed as follows:
Lot A:Beginning at a point on the westerly line-of Turner:Street at a point five(5)feet south of
the-intersection of-the southerly line of Turner Hall and said street_line,thence running_
southeasterly by Turner Street about one hundred and forty-three(143)feet,:thence Onnirig.
southwesterlyas the fence stands ten and-eighty-seven hundredths(10:$7)=feet;thence running
southeasterly as the fence_stands.forty-two and thirty-seven hundredths.(42.37)feet to the face of
the sea wall,thence.running southwesterly by;the sea wall about eighty-five(85)feet-to the
--
corner of said wall,-thence.running northwesterly by said-sea.wall sixteen and ninety-seven..
hundredths(16.97)feet to an-angle in said wall,thence running northwesterly,slightly more:
westerly,as-the fence stands about fifty-six and one-half.(56%).feet,thence.running
southwesterly as the fence stands thirteen and.eight.tenths(13.8)feet,thence.running
northwester)in a strai t line which es tluou a point'ust five S.feet-easterly of the.
y g passes Sh..po:J(.)
northeasterly comer of the Becket House,so-called,a distance of about one.hundred and four.
and one-half(1041/2)feet to,a point five(5)feet.southerly of the southerly_side of the Shop or
Tea Room so-called;-thence running northeasterly nearly easterly on a line five(5)feet.from and
parallel to the southerly sided the Shop or Tea:Room,so-called,and continuing in the.same
straight line about:sikty(00)feet;thence running northwesterly on a line par311e1 to and five(5)
feet easterly from the said Shop or Tea Room;so-called,about twenty-eight-(28)and feet to a.
point five(5)feet southerly from the southerly Hall so-called,thence running northeasterly
uearl easterl arallel to said Turner Hall about.thi ty-five.(35 feet:and the oint of inning;
Y Y P..)P.�i.
contammg approXimately seventeen two hundred and.twenty.(17,220)square feet of land,
together right,title and interest of the grantor in and to the:rot herein described and lying between.
the southern lot herein described and low water.mark
24
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EXHIBIT B
PARCEL MAP&PHOTOGRAPHS
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EXHIBIT C:.
RESTRICTION.-GUIDELINES
The:purpose:of,the Restriction Guidelines is to,clarify..paragraph three.of:the:terms of the preservation
restriction,.which-deals-with:alterations-to the Property.Under this section permission from the SALEM
HISTORICAL COMMISSION(COMMISSION)-is.required for any major..alteration.Alterations of a.
rhinos nature,Which.are part of ordinary maintenance repair;do not require.COMMISSION.review.
In an effort to".explain what constitutes a:minor alteration-and what-constitutes a.major change;Which.must.
be reviewed by the"COMMISSION;the following list has been developed:.By`no means:."is this list.
comprehensive:-it is only a sampling of some of the more common alterations;.which may:.be contemplated
by.-the-propertyowner.:..
PAINT
Minor'-:Exterior or interior.hand:scraping and repainting of non-decorative.and non-significant.
surfaces as part of periodic maintenance.
Maior--Painting or-fully::stripping decorative surfaces or:distinctive_stylistic features including
rriurals,stenciling;ornamental woodworks stone,-masonry,decorative or-signif cant original stucco"
or plaster:...
WINDOWS AND.DOORS.
Minor m Regular maintenance:_including caulking,.painting and necessary reglazing..Repair.or:
in kind replacement of existing individual decayed window parts.
Major-.Wholesale replacement of units;change in fenestration or materials;alteration of.profile or setback of windows.'The addition of.storm windows.is also considered a major.change;
however,with notification'it is commonlyaccet0ble,-.
-EXTERIOR:.
Minor Spot,repair of existing:cladding and roofing including in-kind replacement.of-olapboards,
shingles;slates,etc:
Maior'-Large-scale repair or replacemeni:of cladding or roofing.Change involving inappropriate
removal:or addition.of materials or.-building elements(i.e.removal of chimneys or cornice
detailing;.installation of architectural detail:which does not have a historical-basis),_altering or.'
demolishing building add►tions;:spot repointing ofmasonry,Structural stabilization-of the property.
is also considered a major.alteration.
LANDSCAPEIOUTBUILDING S
...Minor-Routine.maintenance..of.outbuildings..and landscapelncluding lawn mowing;.pruning,
planting,painting;and repair:
Major-Moving'or subdividing buildings.or property;altering:of property;altering or removing.
significant landscape features such as gardens,-vistas,-walks,plantings,walls,fences;ground:
disturbance affecting-archaeological resources.
HEATING/AIR CONDITIONING/ELECTRICAL/PLUMB.ING SYSTEMS..
1Vlinoi=Repair of existing systems:
-Major=Installing or upgrading systems which will result in major.exterior appearance changes(i.e;
exterior ducts,piping,ventilators;I3VAC units);'the removal of substantial quantities.of original
materials in the course of construction.'
Changes classified as major alterations are not necessarily unabeeptable..'Under the preservation restriction
such ctianges�must be reviewed by the COMMISSION and their.impact-on.the historic integrity..of the
property-assessed:
It is the responsibility of the propeity owner to notify the COMMISSION in writing when-any-major
alterations are'contemplated.Substantial alterations may necessitate review of plans and specifications;.'
The intent.of the.preservation.restriction is to enable the COMMISSION-to review.proposed alterations-and
assess.their impact on the integrity of the:building,not to.preclude future,change:COMMISSION will
attempt to-work.With.property owner.to-develop mutually satisfactory-solutions,.which are:in the best
interests of the Property..
30