EASEMENT AGREEMENT 02/2019 EAST, ENT AGREEMENT
THIS AGREEMENT is made this J�day of February, 2019 by and
between Robert J. LeVasseur and Doris M. LeVasseur, having a mailing address of
22 Read Street, Salem, Massachusetts 01970 (hereinafter"LeVasseur), and Seth
Robert, having a mailing address of 13 Arthur Street, Salem, Massachusetts 01970,
(hereinafter"Robert").
WHEREAS, LeVasseur is the owner of a certain parcel of land, known and
numbered as 22 Read Street, Salem, MA by Deed recorded with Essex South
District Registry of Deeds in Book 6292, Page 175 and Robert is the owner of a
certain parcel of land known and numbered 13 Arthur Street In Salem, MA by Deed
recorded with Essex South District Registry of Deeds in Book 36347, Page 66;
WHEREAS, a residential building is located on the southerly property line in
the southeast comer of the Robert parcel directly abutting the northerly property line
of the LeVasseur parcel; and
WHEREAS, said residential building on the Robert property requires an
emergency exit door to be located on the rear of said building directly abutting the
LeVasseur property;
NOW THEREFORE, in consideration of Ten Dollars ($10.00), the receipt of
which is hereby acknowledged, and other good and valuable consideration including
the mutual covenants contained herein, the parties hereto agree as follows on their
own behalf and their respective successors and assigns:
1. Grant of Easement for EmergQngy Exit
LeVasseur grants to Robert a perpetual easement to pass and
repass over the LeVasseur property only in the event of the need for emergency
exit from the Robert residential building located on the mutual property line, as
described above.
2. Restriction on Burdened Property
LeVasseur agrees that no prohibitive permanent or temporary
structure, including without intending to limit the same, any fencing, wall, or planted
landscaping shall be constructed on the LeVasseur property, which would prevent
or create a practical impediment to Robert use of the emergency exit easement
granted in Paragraph 1 above, and the opening of the emergency exit door, which
requires an open area of at least nine (9) square feet.
3. Indemnification
Robert agrees to indemnify and hold harmless LeVasseur from and
against any loss, damage, or liability arising out of use of the easement created
hereby, except for any loss, damage or liability due to the negligence of LeVasseur
or his agents, employees, or contractors.
4. Successors and Assigns
This Agreement shall be binding upon LeVasseur and inure to the
benefit of Robert and their respective successors and assigns.
IN WITNESS WHEREOF, this Agreement is executed under seal the date
first above written.
Robert J eVasseur
Doris M. LeVasseur
Seth Robert
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COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this 014-1 ay of February, 2019, before me, the undersigned notary
public, personally appeared Robert J. LeVasseur and Doris M. LeVasseur, proved to
me through satisfactory evidence of identification, which was o photographic
identification with signature issued by a federal or state government agency, a oath or
affirmation of a credible witness, o personal knowledge of the undersigned, to be the
person whose name is signed on the preceding or attached document, and
acknowledged to me that they signed it voluntarily for its stated purpose as their free
act and deed.
4coNry Pubmmisonexpires: m/rzw/9
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this day of February, 2019, before me, the undersigned notary
public, personally appeared Seth Robert, proved to me through satisfactory evidence
of identification, which was o photographic identification with signature issued by a
federal or state government agency, o oath or affirmation of a credible witness, o
personal knowledge of the undersigned, to be the person whose name is signed on
the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose as his free act and deed.
N ry Public
commission expires: -1110191
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