5 GARDNER STREET - BUILDING INSPECTION uu
UPC 10333
No. 153L-3
HASTINGS.M;
VASAPOLLI & RICCIARDELLI
ATTORNEYS AT LAW
320 CENTRAL STREET
SAUGUS,MASSACHUSETTS 01906
JOHN J.VASAPOLLI TELEPHONE
GINO RICCIARDELLI (781)231.2977
FACSIMILE
(781)233-1277
August 28, 2002
Mr. Thomas St. Pierre
Acting Building Commissioner
City of Salem
Public Property Department
120 Washington Street, 3`d Floor
.Salem,Massachusetts 01970
RE: 5 Gardner Street, Salem, Massachusetts
Dear Mr. St. Pierre:
It was a pleasure meeting with you on August 27, 2002. To confirm my understanding of
the result of our meeting, my client is prepared to comply with the requirements set forth in your
letter of August 8, 2002. Specifically, in order to comply.with.the.requirements that the building
be owner occupied, a provision in the condominium documents will require that the third floor
unit of that building always be owner occupied. In addition, concerning the parking
requirements, my client plans to make five (5) parking spaces in conformance with the
requirements of the special permit. These will be configured as we discussed during our
meeting, and a plan will be submitted to you for approval prior to undertaking any alteration of
the property to comply with same. While we have specifically agreed to no time period
regarding my client's compliance with these issues, it is expected that all will be completed
within 30-90 days.
If you have any questions or any issues,please do not hesitate to contact me. Otherwise, I
will be in touch with your office when the appropriate plans have been co pleted.
Very you
i
-'Gino
� '
GR/ms
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VASAPOLLI & RICCIARDELLI
ATTORNEYS AT LAW
320 CENTRAL STREET
SAUGUS, MASSACHUSETTS 01906
.IOHN J.VASAPOLLI
GING RICCIARpFLLI
TFLEPHONB
(781)231.2977
FACSIMILE
(781)233-1277
October 21, 2002
Mr, Thomas St. Pierre
Acting Building Commissioner
City of Salem
Public Property Department
120 Washington Street- 3' Floor
Salem, Massachusetts 01970
RE: 5 Gardner Street, Salem, Massachusetts
Dear Mr. St. Pierre:
Attached you will find a copy of the Master Plans regarding JBA Condominium Trust and
the real property located at 5 Gardner Street, Salem, Massachusetts. As you will note, the plan
includes specifications for five (5) parking spaces pursuant to our agreement during our meeting
of August 2 , 2002, the details of which are outlined in my letter of August 28, 2002. As
indicated in that letter, an understanding was met that the parking spaces as indicated on the
attached plar.would satisfy the parking requirements of the special permit which was fled with
the City Cle 's office on February 8, 1.983.
In addition, in order to further satisfy the provisions of the special permit, my client has
agreed that any condominium documents for JBA Condominium Trust would include a provision
that the 3'd floor unit of 5 Gardner Sheet, Salem would be occupied by the owtler of that unit. It
would be greatly appreciated if after reviewing the enclosed plan, you.would indicate your
approval of same by signing this letter where indicated and also placing your signature on a copy
of the enclosed plan. This would assist us in satisfying any lending institution that these issues
have been resolved to your satisfaction.
i appreciate your courtesy and cooperation throughout this ordeal. It has been a pleasure
working Mtl your office.
Very t y yours--:_------
r 1
GR/ms L
Enclosure
I,Tho nos St.Pierre,Acting Building Inspector for the City of Salem,hereby state that I have
reviewed the s tached plan,and that in my opinion,that it complies with the parking provisions of the
aforementionc I special permit on 5 Gardner Street,Salem, Mo. husetts.
THOMAS ST.. iERRE
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CONDOMINIUM MASTER DEED
.IBA CONDOMINIUM TRUST
5 GARDNER STREET
SALEM, MASSACHUSETTS
A. Creation of Condominium
The andersigned, John W. Worth, of 300 Lynn Shore Drive. Unit#310, Lynn, Essex
County. Massachusetts. hereinafter collectively called the "Declarant,"being the sole owner of
the land witli the building thereon known as and numbered 5 Gardner Street, Salem, Essex
County, Ma sachusetts, described on Exhibit A, which is attached hereto and hereby
incorporate herein by this reference and made a part hereof, do hereby, by duly executing and
recording the s Master Deed, submit said land, together with the building and improvements
erected therE on, and all easements, rights and appurtenances belonging thereto, hereinafter called
the "Subject Property," to the provisions of Massachusetts General Laws, Chapter 183A
('Condominiums"). and do hereby state they propose to create, and do hereby create. a
condominium with respect to the Subject Property, to be governed by and subject to the
provisions o said Chapter 183A.
B. Desc i tion of Lund
The premises that constitute the Condominium consist of the land described on
Exhibit A, w hich is attached hereto and is hereby incorporated herein by this reference and made
a part hereof together with the building and improvements thereon. The Declarant hereby
expressly res rves to itself and its successors-in-title and their nominees, for a period ending one
(1) year next after the date on which this Master Deed is recorded, the easement, license, right
and privilege to pass and re-pass by vehicle and on foot in, upon, over and to the common areas
and facilities of the Condominium for all purposes, including but not limited to transportation of
construction materials in order to complete work (if any) on the Condominium, provided that in
the exercise of the rights reserved by the Declarant in this paragraph, the Declarant will not
unreasonably affect the use and enjoyment of the common areas and facilities. Nothing in this
paragraph sh 11 be deemed to create any rights in the general public.
C. Desc i tion of Building
The building on said land is described on Exhibit B, which is attached hereto and is
hereby incorporated herein by this reference and made a part hereof. Said building is hereinafter
called the "B iilding."
D. Desc i tion of Units
1. Units—The unit designation of each unit, and statement of its location, approximate
area, iumber of rooms, and immediate common area to which it has access, and its
proportionalc interest in the common areas and facilities of the Condominium are as set
forth n Exhibit C, which is attached hereto and is hereby incorporated herein by this
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refe 7ence and made a part hereof. The boundaries of each unit with respect to the floors,
ceili rigs, walls, doors and windows thereof, are as follows:
• (i) Floors: The upper surface of the subflooring;
• (ii) Ceilings: With respect to all units except the top floor unit, the
plane of the bottommost surface of rhe.flnor jn+Ets, uid�tl;er
structural members appurtenant to such floor joists, of the floor
above: with respect to the top floor unit, the plane of the
bottommost surface of the roof joists and other structural members
appurtenant to such roof joists;
• (iii) Building Walls: With respect to all units, the plane of the wall
studs facing the interior of the unit.
• (iv) Pipe Chases or Other Enclosures concealing pipes, wires, or
conduits within a unit are part of that unit, but the pipes, wires or
conduits within such pipe chase or other enclosure that serve more
than one unit are part of the common areas and facilities.
• (v) Doors and Windows that open from a unit are part of the unit
from which they open, which shall be a part of the common areas
and facilities.
• (vii) All Structural Portions of the building are part of the
common areas and facilities.
1. Park ng—There is a separate structure to the rear of the Condominium building, which
is divided into two equal sections marked"Exclusive Use Unit 1" and "Exclusive Use
Unit2", respectively as shown on the Site Plan, which is a part of the Master Plans of the
Condominium recorded herewith. Notwithstanding anything to the contrary in this Master
Deed the Declarant of this Master Deed, does hereby expressly grant to Unit 1 all rights
in and to said area marked "Exclusive Use Unit 1"for the exclusive right to use said area
for parking or storage, and hereby grants to Unit 2 said area marked "Exclusive Use
Unit ' ". and to Unit 3 said area marked "Exclusive Use Unit 3": both for the exclusive
right o use said area for parking of a motor vehicle used by an owner, occupant or visitor
of the said Condominium. In addition, the Declarant does hereby grant to Unit l the area
marked "Exclusive Use Unit 1 2"d Deeded Parking", to Unit 1 for the exclusive right to
use said area for parking of a motor vehicle used by an owner or occupant of the said
Cond minium. All maintenance and repairs to said areas, including but not limited to
clean ng, snow and ice removal, re-striping, re-paving, and repairs, shall be performed by,
and a the sole expense of, the owner, for the time being, of an easement for the exclusive
use o said areas as such owner for the time being then appears of record in the Essex
Coun Registry of Deeds. The owners of easements for the exclusive use of said areas
shall e obligated to maintain and repair the said areas in a clean and orderly manner. All
risk o loss in connection with use, maintenance and repair of said areas shall be bome
solel_ by the owner for the time being of an easement for the exclusive use of the affected
.2.
lni^_ld^_0 02 01;]f. 781":;:;1"77 VASAPOLLI&P.D'CIAP.DEL PAGE 05
area All Unit Owners and occupants in the Condominium have an easement to travel
acro s and through any non enclosed areas, and the 9' 5" x 75' driveway to-the—Fastof rhe
Con ominium building, and only in cases of emergency, to have access to the alley at the
We of the building in case of fire or other emergency, but this easement shall not
prev nt parking of motor vehicles in the Parking Area by those entitled to do so. The
pro,.isions of this subsection III shall not be modified or amended without the prior
writi en consent of ail of the owners of casements for the exclusive use of the Parking
Spaces being obtained in each instance.
The aforementioned 9' 5" x 75' driveway to the Fast of the Condominium building is
encumbered by an easement right of the immediate abutter and owner of land to the
Northeast indicated on said Plan as being owned by
and •s such no trait owner or occupant shall interfere with said right in any manner, which
shall include, but not be limited to, the prohibition of parking of any vehicles in, or on
any portion of said driveway.
3. Unit 1 Garden Area—The garden area on the Northwest rear of the building, designated
as "F.xclusive Use Unit I Garden. Area" on the Site Plan that is apart of the Master Plans
of thc Condominium recorded herewith, is hereinafter called the "Unit 1 Garden Area."
The owner of Unit l shall have, as an appurtenance to said Unit 1, an easement for the
exch sive use of the Unit 1 Garden Arca and the responsibility to maintain, repair and
repla e the Unit 1 Garden Area. The owner of Unit 1 shall have the right to change and
alter e ground surface of the Unit 1 Garden Area. The owner of Unit 1 shall have the
right o place customary furniture and plants in the Unit 1 Garden Area, but no buildings
or Structures shall be built in the Unit 1 Garden Area without the consent of the Trustees
of the Condominium Trust. No furniture or plants shall be placed in the Unit 1 Garden
Area that would interfere with the view, and light and air, of any other unit. The
provisions of this subsection IV shall not be modified or amended without the prior
written consent of the owner of Unit 1 being obtained in each instance.
E. Deseq i tion of Common Areas and Facilities and the Pro ortionate Interest of Each
Unit herein
The moron areas and facilities of the Condominium consist of the entire subject
premises as escribed in paragraph(b) ("Description of Land") of this Master Deed and all parts
of the builds g as described in paragraph (c) (`Description of Building") of this Master Deed,
other than th units described on Exhibit C hereto, subject to the provisions and limitations
regarding pai king set forth in subsection D. 2 hereof, and subject to the rights of the owner of
Unit 1 with respect to the Unit 1 Garden Area as provided in subsection D. 3 hereof.
Without limiting the foregoing language in this paragraph (e),the common areas and
facilities of the Condominium include:
• (i) the land described in paragraph (b) ("Description of band") of
this Master Deed, subject to the provisions regarding parking set
forth in subsection D. 2 hereof and subject to the provisions
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regarding the Unit I Garden Area set forth in subsection D. 3
hereof:
• (ii) the foundation of the Building, and all portions thereof, and all
structural columns, structural lintels, girders, beams, slabs,
supports, and floor, ceiling and roof beams and joists and all
structural members appurtenant to such floor ceiling and roof
beams and joists, the exterior walls, and any interior bearing walls,
the subflooring below the upper surface thereof, the roof, building
entrances and exits, and all structural portions of the building;
• (iii) installations of central services such as power, light, drains,
hot and cold water, vents, heating and heating lines, but only if and
to the extent that such installations serve more than one unit. Such
equipment and installations located within and servicing a single
unit are a part of the unit in,which the same is located and which it
services and is not a part of the common areas and facilities;
• (iv) all conduits, pipes, ducts, plumbing, wiring, flues and other
facilities for the furnishing of utility services or waste removal and
vents that are contained in portions of the building outside of the
units and all installations outside the units for services such as
lights, power,telephone, water, and sanitary sewer drainage;
• (v) all conduits, pipes, ducts, plumbing, wiring, flues and other
facilities for the furnishing of utility services or waste removal, and
vents. that are located within «nits including but not limited to such
of same as are located below the plane of the bottommost surface
of the floor beams or roof joists, and other structural members
appurtenant to such floor beams or roof joists, of the floor above
each unit, with respect to the topmost unit, the roof), and above any
ceiling within the units, but which service more than one unit;
• (vi) exterior lighting devices and wires and poles serving the same;
.• (vii) the fire escape which is affixed to the exterior of the South
side of the building; and
• (viii) all other items situated on the subject property and listed as
common areas in Massachusetts General Laws, Chapter 183A,
except for the units described on Exhibit C hereto, and subject to
the provisions regarding parking set forth in subsection D. 2
hereof. The proportionate interest of each unit of the Condominium
in the common areas and facilities of the Condominium shall be as
set forth on Exhibit C, which is attached hereto and is hereby
incorporated herein by this reference and made a part hereof.
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F. Plans
A set of the floor plans of the building showing the layout, location, unit numbers and
dimensions of the units, and bearing the verified statement of a Registered Architect certifying
that the pla s fully- and accurately depict the layout, location, unit number and dimensions of the
units as built, all pursuant to Massachusetts General Laws, Chapter 183A, have been recorded
simultaneously with the recording of this Master Deed. Said set of plans, herein sometimes called
the "Master Plans," is hereby incorporated herein by this reference and made a part hereof.
G. Use f Units
• (i) The building and each of the units are intended only for
residential purposes by not more than one family unit nor more
than two (2) unrelated persons per bedroom; provided, however,
that any of the units may also be used as an office and/or artist's
studio but only accessory to such residential use and only if and to
the extent such accessory office and/or artist's studio use is
permitted by applicable zoning laws; and
• (ii)No unit shall be used or maintained in a manner inconsistent
with the Bylaws of the Condominium Trust and the rules and
regulations from time to time adopted pursuant thereto; and
• (iii) Pursuant to a special permit issued by the City of Salem,
Unit 3 is required to be occupied by the owner.
H. Ame dment of Master Deed
• (i) This Master Deed may be amended by an instrument in writing
(i) signed and acknowledged in proper form for recording by the
owners of units entitled to not less than seventy-five (75%)percent
of the undivided interests in the common areas and facilities and
(ii) signed and acknowledged in proper form for recording by not
less than fifty-one (51%) percent(except in cases where a higher
percentage is required by Section 33 of the Bylaws of the
Condominium Trust) of the holders of first mortgages on the units
(based upon one vote for each mortgage owned), but only if such
amendment would materially affect the rights of any mortgagee;
and (iii) signed and acknowledged in proper form for recording by
a majority of the Trustees of the Condominium Trust; and (iv) duly
recorded in the Essex County Registry of Deeds, provided,
however, that:
• (ii) The date on which any such instrument amending this Master
Deed is first signed by a Unit Owner, or mortgagee, or Trustee of
the Condominium Trust, shall be indicated thereon as the date of
such instrument, and no such instrument shall be of any force or
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effect unless and until the same has been recorded in the Essex
County Registry of Deeds within six (6) months after such date;
and
• (iii)Pursuant to the provisions of Chapter 87 of the Acts of 1987,
the percentage of the undivided interest of each Unit Owner in the
common areas and facilities shall not be altered without the
consent of all Unit Owners whose percentage of the undivided
interest is affected, expressed in an amended Master Deed duly
recorded; and
• (iv)No instrument of amendment that alters the dimensions of any
unit shall be of any force or effect unless the same has been signed
and acknowledged in proper form for recording by the owner or
owners and mortgagee or mortgagees of the units so altered; and
• (v)No instrument of amendment that alters the rights of the
Declarant, or the rights of the owners of easements for the
exclusive use of Parking Spaces, shall be of any force or effect
unless the same has been signed and acknowledged in proper form
for recording by, respectively, the Declarant, so long as the
Declarant owns any unit in the Condominium, or the owners of
Units 1 or 5, or the owners of easements for the exclusive use of
Parking Spaces, respectively; and
• (vi) No instrument of amendment that alters this Master Deed in
any maturer contrary to or inconsistent with the provisions of
Massachusetts General Laws, Chapter 183A, shall be of any force
or effect.
• (vii)Notwithstanding any other provisions of this Section (h), no
amendment of this Master Deed shall be made if such amendment
would contravene the provisions of Section 33 of the Bylaws of the
Condominium Trust.
• (viii)Notwithstanding anything to the contrary herein, so long as
the Declarant owns any trait in the Condominium, the Declarant
shall have the right, at any time, and'from time to time, to amend
this Master Deed without the consent of any other Unit Owners or
any of the Trustees of the Condominium Trust. to meet the
requirements of any governmental or quasi-goverrunental body or
agency, or tlme requirements of any insurance company or insurance
tuiderwriting office or organization, or the requirements of Federal
National Mortgage Association, Federal I-Tome Loan Mortgage
Corporation, the secondary mortgage market, or any lender, or to
correct typographical or clerical errors, or to cure any ambiguity,
inconsistency or formal defect or omission.
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I.
Condominium Unit Owners' Association
The name of the Trust that has been formed and through which the Unit Owners will
manage and regulate the Condominium hereby established is the JBA Condominium Trust Trust
raider Declaration of Trust dated this same date, to be recorded herewith. Said Declaration of
Trust establishes that all Unit Owners in the Condominium hereby established shall be
beneficiaries of said Trust, and that the beneficial interest of each Unit Owner in said Trust shall
be the same percentage interest as his percentage of undivided interest in the common areas and
facilities as established by this Master Deed. The mailing address of said Trust is 5 Gardner
Street, Salem, Massachusetts 01970.
The amen and addresses of the Trustees of said Trust and their term of office are as
follows:
John W. Worth. 300 Lynn Shore Drive, Unit 42)0, Lynn, Essex
County, Massachusetts
.John E. Worth, 300 Lynn Shore Drive, Unit 9210, Lynn, Essex
County, Massachusetts
Gino Riceiardelli, 95 Audobon Road, Apartment 4611, Wakefield,
Middlesex County, Massachusetts
Term: As set forth in Section ,111.of the Declaration of Trust of
JBA Condominium Trust.
The Trustees have enacted Bylaws pursuant to Massachusetts General.Laws,
Chapter 183A, which are set forth in the Declaration of Trust of said Trust which is recorded
herewith.
J. Name of Condominium
The Condominium hereby established shall be known as the `JBA Condominium Trust."
K. Encroachments
if an, portion of the common areas and facilities now encroaches upon any unit, or if any
unit now enc 7oaches upon any other unit or upon any portion of the common areas and facilities,
or if any suct i encroachment or encroachments shall occur at any time or from time to time
hereafter as the result of(1) settling of the building, or(2) condemnation or eminent domain
proceedings, or (3) alteration or repair of the common areas and facilities or any part thereof done
pursuant tote provisions of this Master Deed as the same may be from time to time amended, or
the provisions of the Declaration of Trust of the Condominium Trust as the same may be from
time to time amended, or(4) repair or restoration of the building or any unit therein after damage
by fire or oth r casualty, then and in any of the foregoing events, a valid easement shall exist for
such encroac ment and for the maintenance of same for so long as the building stands-
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L. Pips, Wires Flues Ducts Conduits Plumbing Lines and Other Common jacilities
Located Inside of Units
Eaclt Unit Owner shall have an easement in common with the owner of the other units to
use all pipewires, flues, ducts, conduits, plumbing lines and other portions of the common
areas and falitics located in the other units and serving his unit. Each unit shall be subject to an
easementinavor of the owner of the other units to use all pipes, wires, flues, ducts, conduits,
plumbing lines and other portions of the common areas and facilities serving such other units and
located ins such unit. The Trustees of the Condominium Trust shall have a right of access to each
unit to inspe t the same, to remove violations therefrom and to maintain, repair or replace any
portions of tic common areas and facilities contained therein or elsewhere in the building.
M. All Units Subiect to Master Deed Unit,Deed and Bylaws and Rules and Regulations
of th Condominium Trust
All p esent and future owners,tenants, visitors, servants and occupants of units and
Parking Spa6es shall be subject to, and shall comply with, the provisions of this Master Deed as
the same ma -be from time to time amended,the Unit Deed, the Condominium Trust, and the
Bylaws, and Rules and Regulations of the Condominium Trust as the same may be from time to
time amende , and the rights, easements, agreements and restrictions of record and all matters set
forth on Exh bit A hereto insofar as the same now are, or will be in the future, in force and
applicable. Tie acceptance of a deed or conveyance or the entering into a lease or into occupancy
of any unit o Parking Space shall constitute an agreement that the provisions of this Master
Deed as the arne may be from time to time amended, and the said rights, easements, agreements
and restrictions, and all matters set forth on Exhibit A hereto, and the Unit Deed, and the
Condominnun Trust and the Bylaws and Rules and Regulations thereto, as the same may be from
time to time imended, are accepted and ratified by such owner, tenant, visitor, servant or
occupant. Al such provisions shall be deemed and taken to be covenants running with the land
and shall bind any person having at any time any interest or estate in such unit or Parking Space
as though su h provisions were recited or stipulated at length in each and every deed or
conveyance or lease or occupancy agreement hereof.
N. Federal Home Loan Mortgage Corporation; Federal National Mortgage Association
Refer nce is hereby made to Section 33 of the Bylaws of the Condominium.Trust, which
is hereby me rporated herein by this reference and made a pact hereof.
O. InvaliditE
The invalidity of any provision of this Master Deed shall not be deemed to impair or
affect in any manner the validity, enforceability or effect of the remainder of this Master Deed,
and in such e ient, all of the provisions of this Master Deed shall continue in full force and effect
as if such in lid provision had never been included herein.
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2002, 00: a.. 701_°[31_77 VA AEOLLI&F.U:C:IARDEL PAGE 11
P. Waiver
No I rovision contained in this Master Deed shall be deemed to have been abrogated or
waived by reason of any failure to enforce the same, irrespective of the number of violations or
breaches that may occur.
Q-
Captions
The captions herein are inserted only as a matter of convenience and for reference, and in
no way define. limit or describe the scope of this Master Deed or the intent of any provisions
hereof.
R. Con icts
This qaster Deed is set forth to comply with the requirements of Chapter 183A of the
General La-,Ns of the Commonwealth of Massachusetts. In case any of the provisions stated above
conflict with the provisions of said statute, the provisions of said statute shall control.
S. Liab lity
No 'thstanding anything to the contrary herein, and notwithstanding any custom or
usage to the ontrary, it is expressly understood and agreed that only the real estate that
constitutes tl e JBA Condominium Trust shall be bound by the provisions of this Master Deed.
The Declara t, and any of them, shall never be personally or individually bound or liable to
anyone who soever with respect to any of the provisions of this Master Deed beyond the
Declarant's i terest in the real estate that constitutes the .TBA Condominium Trust.
EXECUTED as an instrument under seal at Saugus, Essex County, Massachusetts this
day of 2002.
Signed and sealed in
the presence f:
Witness JOHN W. WORTH
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. 2002
Then ersonally appeared the above named John W. Worth and acknowledged the
foregoing ins tument to be his free act and deed before me,
Notary Public
My Commission Expires:
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Exhibit A
Incorporated by reference into and made a pal of the Master Deed of JBA Condominium Trust,
5 Gardner ,treet, Salem, Essex County, Massachusetts,
DES CRIP ION OF LAND
The premises that constitute the Condominium consist of the following described land in Salem,
Essex CounLy, Massachusetts, together with the building thereon, bounded and described as
follows:
A certain parcel of land with the building thereon known as and numbered 5 Gardner Street,
Salem, Esse. County. Massachusetts, bounded and described as follows:
WESTERL : by Gardner Street, about Forty-Three (43) feet; thence running;
SOUTHERLY: by land of Poussard, Seventy-Five (75) feet;thence running:
EASTERLY: by more land of Poussard, three (3) feet; thence running;
SOUTHE Y: by still more land of Poussard, formerly of Jelly, Seventy-Eight (78) feet
rmore or less; thence running;
EASTERLY' by land of Gagnon, Forty (40)feet; and thence running;
NORTHERLY: by land of Batchelder, about One Hundred Fifty-Five and Seventy-Five
Hundredths (155.75) feet to the point begun at.
For title refe nce, see deed of Kathleen S. Worth and John E. Worth, which deed is dated
May 29, 199and is recorded in the Essex County Registry of Deeds in Hook 10822 at Page 567.
Said Premise are subject to zoning laws of the City of Salem, and are subject to and with the
benefit of rig its. restrictions, easements, and agreements of record, if any, so far as are now in
force and apy licable.
The above de cribed Premises are also subject to easements for utility and telephone services
granted to any public utility or telephone company by the Declarant, whether granted heretofore
or hereafter, to the extent that the sane are now or hereafter in force and applicable. The Trustees
of the Condominium Trust shall have the right to grant permits, licenses and easements over the
common area i and facilities for utilities and other purposes reasonably necessary or useful for the
proper main ranee or operation of the condominium project-
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Exhibit B
Incorporat by reference into and made a part of the Master Deed of JBA Condominium Trust,
5 Gardner ,trect, Salem, Esser- County, Massachusetts.
DESCRip ION OF BUILDING
There is on building and a garage on the land, which is described on Exhibit A to this Master
Deed.
The Buildin g is a two and one-half(2'/) story building,plus basement. The bui Iding is
constructed principally of wood, The floor joists and the roof joists are wood. The roof is slate.
There are th7ee (3) residential units.
The garage is constructed of concrete block and is to the Southeast rear of the building as shown
on the Master Plan.
The basement contains a boiler, which contains the central boiler and one (1) hot water heater for
the building, as well as four(4) electric meters. The heating system is a central oil heat, forced
hot water gravity feed system. The boiler and hot water heater are common. The basement
contains a st bway which is common, three laundry areas which are for exclusive use of the
individual m its, as well as exclusive storage rooms/areas for Units 1, 2 and 3. The Trustees of
the Condomi ium Trust shall have the easement and right to enter any exclusive areas at the
basement le cl, or otherwise, to gain access for necessary repairs, maintenance, etc. Such access
shall be at rc sonable times and at reasonable intervals, and pursuant to advance notice in each
instance wit the owner of said exclusive use, except only in cases of emergency.
The first floor contains a front building entrance which,is exclusive to the first floor unit, the
main building entrance for access to the main stairway leading to the second and third floor, rear
entrance, the main and rear building stairway, and front and rearporches, all of which are
common. Thi first floor also contains all of Unit 1. The owners, occupants and guests of Units 1
and 2 shall have an.easement right over the rear first floor porch for the purpose of access and
egress to the am entrance only.
The second floor contains all of Unit 2. The second floor also contains a portion of the main and
rear building stairway and front and rearporches which are common. The owner of Unit 2 shall
have exclusie use of the front porch on the second floor and the owner of Units 2 and 3 shall
each have ex lusive use of 50% of the rear porch, Unit 2 having the 50% containing the storage
shed, as shoe n on the Unit Plan, which shall also be used exclusively by Unit 2.
The third floor contains Unit 3. The third floor also contains a portion of the main and rear
building stair xay, which is common.
All stairways that are contained wholly within a unit, if any, are a part of that unit.
-11-
J!tO^_ OCA: ^_8 7812?2-1^77 Ua.SAPOLLI&RICCIARDEL PASE 14
i
Exhibit C
Exhibit C is hereby incorporated by reference into and made a part of the Master Deed of
.TBA Condominium Trust, 5 Gardner Street, Salem, Essex County. Massachusetts-
DESCRIPTION ION OF UNITS
The unit de. ignation of each unit and statement of its location, approximate area, number of
rooms, and immediate common area to which it has access, and its proportionate interest in the
common ar as and facilities of the condominium, are as follows:
Kev: BR=Bedroom; K=Kitchen; DR=Dining Room; LR=Living Room;
LR/KR=Combination Living Room and.Kitchen; B=Bathroom;
SR=Storage Room.
will
Dest�tl�t1 ? �U.Cntrt t',t5�, a :'o�fqtlt�tttl,�ix?�a � 'IS�
1 First Floor 1,300 f 2 7-3BR, K. Front Maui 35%
LR, DR, B Entrance and
Rear Main
Entrance
Area
2 Second Floor 1,223 ft'- 7-3BR, DR, Main 34%
LR, K, B Stairway and.
Rear
Stairway
Third.Floor 1,104 ft2 5-213R, LR, Front 31%
K Stairway and
Rear
Stairway
-12-
i
I .
i
A
y'i s
s s
5 `"goy LOCUS ZAHER M. BDIWI, TRUSTEE OF
6 _ UST
BRAIN D.MCCAULEY
<`�" 6 1 2 HANCOCK STREET REALTY TR
II
REC. BK. 11690 PG. 67 REC. BK. 14072 PG. 54
J
3.5N78'58'42"W
4i 39.98' - $.o'
LOCUS MAP
SCALE 1 ' 500' f
zDEEDED b) DEEDED 4.
COMMON PARKING PARKING
EXCLUSIVE EXCLUSIVE
` PARKING X
f � I USE USE
D
'L
� 1 UNIT 2 1 I UNIT 3'
,
8.0' 8.0' 8.0
Z
O
V v
po C3
` ra O •?
O
o _ p
p� Rl
Lij
ON UNE
I X FGARAGE Lil AREA = ';. N
a 6391 f S!F. DRIVE ROBERT W. BIXBY & DONNA J. BIXBY
O �� THROUGH REC.' BK. 7167 PG. 29
Li DEEDED c CARPORT PLAN BK. 4022 PG. 323
a HDEEDED
COMMON
_- <
0.4'
3.5' >RICHARD A. BOUCHER & JANICE M. BOUCHER PARKING
REC. BK. 4993 PG. 182 4 EXCLUSIVE
4.0'
o USE N
�wl I UNIT 1 w l
N 9.7'
DECK
14 � EXCLUSIVE
o Ln USE ' N82'55'20"W
m �' UNIT 1 a ! 10.0
s r�I „3.8' BULKHEAD 3.00
COMMON 3.7 I
PORCH 12.3'
EXCLUSIVE USE i
UNIT 1 2.7'
5.1' 25.'6/7777777777777//`//-
5.6 9.5' DRILL HOLE
/
STONE FOUND
BOUND
}
� 3
k
o �II
k1
k a Z 7
0
NOTES: o N 14 EDWARD F. REEVES & CRAIG E.B. FLOOD
F
,? o I REC. BK. 15741 PG. 3
f 1. TOTAL AREA = 6391 t S.F. # 5 ' o PLAN BK. 4022 PG. 323 /
Im
2. BUILDING CONSTRUCTION IS WOOD FRAME WITH GRANITE FOUNDATION. m
3. BENCHMARK- TOP SPINDLE HYDRANT = 100.0 FEET
h 8.0'
(ASSUMED DATUM).
L
4. BUILDING #5 CONSISTS OF THREE UNITS NUMBERED 1, 2 & 3.
5. DEED REFERENCE — RECORD BOOK 10822 PAGE 567.
6: THIS PLAN IS THE RESULT OF AN INSTRUMENT SURVEY; / y
-. ]-4 � -
N
V
PORCH
EXCLUSIVE USE
UNIT 1 n
I 10.2' DRILL HOLE
k N a o , FOUND 344.42'
43.00' 'S5 20 E
8.0' S8255 20 S82
E \
V
r
F GARDNER ( PuaUc ) STREET
k -
0
{
BENCHMARK -
k �
DRILL HOLE
STONE BOUND
FOUND
L
I
I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE LINES
f DIVIDING EXISTING OWNERSHIPS AND THE LINES OF STREETS AND
WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS
k ALREADY ESTABLISHED AND NO NEW LINES FOR DIVISION OF
C EXISTING OWNERSHIPS OR FOR NEW WAYS ARE SHOWN.
CHAPTER 41 SECTION 81X
CERTIFY THAT THIS PLAN CONFORMS TO THE h - -
RULES AND REGULATIONS OF THE REGISTERS OF DEEDS.
CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE
LAYOUT, LOCATION AND DIMENSIONS OF THE BUILDINGS AT
5 GARDNER STREET, SALEM, MA., AS BUILT AND FULLY
LISTS THE UNITS CONTAINED THEREIN.
DATE AEGISTERED PROFESSIONAL LAND SURVEYOR
4I ,
f
k
h
k
FOR REGISTRY USE ONLY .
PLAN OF LAND
5 GARDNER STREET
4`,aoFUA,s SALEM
9
C OwCSL
F GAIL m PREPARED FOR
j L.
No.35043 N
JBA CONDOMINIUM ASSOCIATION
GRAPHIC SOLE p0F,ccRFGISTFR�°Q,�,o "
f o/IAL LANo s� SCALE 1 = 10 APRIL 24, 2002
,o5 ,o 40 � NORTH SHORE SURVEYAl10N
f—' 47 LINDEN STREET - SALEMLEM,, MA MA
( IN FEET
1 1 inch = 10 fl. #1899
EXHIBIT A
i