PICKERING WHARF HOTEL TIF CITY OF SALEM - MASSACHUSETTS
WILUAM J.LUNDREGAN Legal Department JOHN D.KEENAN
City Solicitor 93 Washington Street Assistant City Solicftor
81 Washington Street 60 Washington Street
Tel:978-741-3868 Salem, Massachusetts 01970 TeL,978-741-4453
Fax:978-741-8110 Fax:978-740-0072
February 3 , 1999
Mayor Stanley J. USOViCz, Jr. : '!; j
Salem City Hall T ?
0
93 Washington Street
Salem, KA 01970
RE : Pickering Wharf Hotel TIF
Dear Mayor Usovicz :
Please find enclosed my opinion relative to the status of
the Pickering Wharf Hotel TIF .
If you have any questions with reference to this matter,
please do not hesitate to call me .
Very truly ours
' y yours
W/LLIAM J. LUNDREGAN
CITY SOLICITOR
WJL/amc
Enclosure
10
57
I'f'-fi,74�1"
I L
1 57
Memo to: Stanley J. Usovi6z, Jr. , Mayor
From: William J. Lundregan, City Solicitor
Dated: February 2, 1999
RE: Pickering Wharf Hotel TIF
You have asked me to review the Application for Certified Project,
Designation - Tax increment Financing Plan (TIF Application.
submitted by the City and Pickering Wharf Realty Trust. and to
answer the following question: where the City Council Resolutions
authorizing the TIF application specifically designate one o f
three subject parcels as the parcel to which the TIF is to apply,
but where the applicants originally intended that the TIF apply to
all three parcels, is there anything in the official record which
permits us to argue to the state that the Resolutions should be
deemed to apply to all three parcels, rather than the one
specifically designated by the Council? In seeking an answer to
this question, I have thoroughly reviewed the documents that were
provided to me, to wit:
1 . the Application for Certified Project Designation - Tax
increment Financing Plan (TIF Application) ;
2 . the Memorandum of Understanding executed by J. Hilary Rocket,
Trustee, for the Pickering Wharf Realty Trust, and by Stanley J.
Usovicz, Jr. , Mayor, for the City of Salem;
3. a letter dated January 14 , 1999 to George Mazareas, Director of
Economic Assistance Coordinating Council, written by someone whose
name and signature have been removed from my copy;
4 . a letter dated November 20, 1998 to Mayor Usovicz from J.
Hilary Rockett, Jr . ; and
5. the original deed of the subject property from the Trustees of
the Pickering Wharf Nominee Trust to J. Hilary Rockett, Trustee of
Pickering Wharf Realty Trust. This deed is dated June 6, 1996 and
recorded at the Essex South District Registry of Deeds in Book
13598, Page 532 .
I have also reviewed the applicable law, specifically: G.L. c. 40,
Sec. 59, the statute which authorized TIF financing, and the
supporting regulations at 760 C.M.R. 22. 01, et seq.
After an extensive review of the foregoing materials, it is my
opinion that there is no valid way to argue that the TIF
authorized by the City Council can be construed to extend to the
other, neighboring parcels. I see no alternative but to return to
the City Council with a corrective resolution, if the presently-
designated parcel is not intended to be the site where the hotel
is to be built.
Permit me to call your attention to the following matters :
1 . The subject lots are designated as Lots 408, 446 and 447 on the
assessor' s map. The lots correspond to parcel 1 (lots 446 and 408)
and parcel 2 (lot 447 ) which were conveyed to the Pickering Wharf
Realty Trust by the deed hereinbefore referenced. The said deed
also conveyed twenty-six condominium units comprising the
Pickering Wharf Condominium. According to the November 20, 1998
letter from Rockett to Usovicz, all of this property was intended
to be the beneficiary of the T. I .F. plan.
2 . The Memorandum of Understanding did not designate the property
to be the beneficiary of T.I . F. financing with any greater
specificity than "Pickering Wharf." Rockett' s letter to Usovicz
agrees with this; however, where Rockett seems to think that the
absence of any greater designation adds weight to his argument
that therefore the T. I .F. plan applies to all of his property, I
2
am of the opposite opinion: that the absence of any designation
deprives this document of any value as a guide to determining
which properties were supposed to be involved.
3. Within the 1T.I . F. Application is a letter dated June 15, 1998
from Mayor Usovicz to Sean Calnan, Director, Massachusett s Office
of Business Development. This letter - evidently meant as an
introduction to the T. I . F. Application - states that, (t) he
proposed location of the hotel is at the corner of Congress and
Derby Streets . " There is a lot at the corner of Congress and Derby
Streets, but it is Lot 445. Although this lot is also owned by
Rockett, it is not one of the three lots under discussion. Looking
at the map, one might be able to argue for an expansive
understanding of the phrase "corner of Congress and Derby Streets"
that would include the abutting Lot 446; however, by no stretch
could that phrase be applied to Lot 447 or 408, neither of which
are anywhere near Derby Street .
4 . Also within the T. I . F. , within the section entitled "Applicant
I-1or- Is a lcaignatlion of t�a name- and addrcsz; of -thc
InI mation, " 11 � 4
proposed project . This is given as "Pickering Wharf Hotel, Corner
of Congress Street & Derby Street, Salem, MA 01970 . " The
"Introduction and History of Project Development" which appears in
the body of the Application, itself, also identifies the project
locus as "the corner of Derby and Congress Streets . "
5 . In Section I (C) of the Application, the "tax parcel" is
identified as "Map 34, Lot 446. " There immediately follows the
following "legal description of TIF Zone":
The following condominium unit in the Pickering Wharf Condominium
(the "Condominium") in Salem in the County of Essex and
Commonwealth of Massachusetts, created by and described in the
Master Deed of Pickering Wharf Condominium dated August 3, 1979
recorded with Essex South Registry of Deeds in Book 6624, Page
141, as amended by a First Amendment to Master Deed dated November
3
9, 1979, recorded with Essex South Registry of Deeds in Book 6653,
Page 99, by a second Amendment to Master Deed dated December 28,
1979, recorded with Essex South Registry of Deeds in Book 6667,
Page 39, and as further amended by a Third Amendment to Master
Deed dated April 4, 1980, recorded with Essex South Registry of
Deeds in Book �6692 Page 336 (said master deed as so amended is
hereinafter referred to as the "Master Deed") :
Buildin Eercentaoe Interest
Derby A 10 . 8775
Together with the undivided percentage interests in the common
areas and facilities of the Condominium described in the Master
Deed as set forth for the unit above . . . .
There is simply no way to interpret this designation as being
anything other than what is manifestly is: a very carefully drawn,
particularized designation of a single unit of the condominium as
the intended beneficiary of the T.I .F. financing!
6. Three (3) City Council Resolutions are included within the
T. I . F. Application . The first, dated March 9, 1995, is merely a
general authorization for the City to employ T. I . F. financing as
an economic development tool.
The second Resolution, dated June 11, 1998, is the Resolution
which specifically approved the T. I . F. Application on behalf of
the Pickering Wharf Realty Trust. This Resolution recites that,
"the proposed certified project is located at the corner of
Congress and Derby Streets, " and gives the legal description as
follows:
The following condominium unit in the Pickering Wharf Condominium
(the "Condominium") in Salem in the County of Essex and
Commonwealth of Massachusetts, created by and described in the
Master Deed of Pickering Wharf Condominium dated August 3, 1979
recorded with Essex South Registry of Deeds in Book 6624, Page
141, as amended by a First Amendment to Master Deed dated November
91 1979, recorded with Essex South Registry of Deeds in Book 6653,
4
Page 99, by a Second Amendment to Master Deed dated December 28,
1979, recorded with Essex South Registry of Deeds in Book 6667,
Page 39, --� -- fllr,�-- ----A-A * a
.11U .� L. Ll��L �ItMll��U � 11�� �,
Deed dated April 4, 1980, recorded with Essex South Registry of
Deeds in Book 6692, Page 336 (said master deed as so amended is
hereinafter referred to as the "Master Deed") :
Buildin Unit Percentaae Interes
Derby A 10 . 8775
said unit A, Derby Building being a part of the total Master Deed
described above.
Together with the undivided percentage interests in the common
areas and facilities of the Condominium described in the
Deed as set forth for the unit above . . . .
(Emphasis added. )
Once more, there is no way, in good faith, to interpret this
designation as being anything other than what is manifestly is : a
very carefully drawn, particularized designation of a single unit
of the condominium as the intended beneficiary of the T. I .F.
financing!
The third resolution, also dated June 11, 1998, authorized the
City to enter into a T. I . F. Financing Agreement. Once again, this
Resolution designates the "area to be designated as a Tax
Increment Financing Zone" in the identical language used in the
Second Resolution.
Thus, there is simply no basis, in any of the Resolutions which
passed the City Council, for arguing that the Resolutions
authorized T. I . F. financing on all of the Rockett Pickering Wharf
property!
5
7. The Tax Increment Financing Agreement between the City of Salem
and the Pickering Wharf Realty Trust contains no further property
designations .
B. The letter- dated January 14, 1999 to George Mazareas, Director
of Economic Assistance Coordinating Council, contains the
statement that, " (t) he City voted to approve a TIF to allow
Pickering Wharf Realty Trust to development (sic.) a hotel with
70-140 rooms at Pickering Wharf." Unfortunately, as we have seen,
the City did no such thing. No such language appears in any of the
votes of the City Council .
9. The letter dated November 20, 1998 from Rockett to Usovicz
contains the following statement : " (t) here was never any mention
of tax parcels or legal descriptions in the motion of the City
Council, nor was there even any discussion of it." I do not know
whether there was any mention of tax parcels of legal descriptions
in the motions that were presented to the Council, as I do not
have those before me; however, as we have already seen, there
certainly was mention of these matters in the two resolutions that
the Council passed authorizing the T. I . F. application !
10. The law governing T. I . F. applications is clear that they must
be specific to designated parcels of property. G. L. c. 40, Sec. 59
provides, in pertinent part, that:
. . . any city or town by vote of its town meeting, town council, or
city council with the approval of the mayor where required by law,
on its own behalf or in conjunction with one or more cities or
towns, and pursuant to regulations issued by the secretary of the
executive office of communities and development, may adopt and
prosecute a tax increment financing hereinafter referred to as TIF
plan, and do any and all things necessary thereto; provided,
however, that the TIF plan . . . .
6
(iii) authorizes tax increment exemptions from property taxes, in
accordance with the Provisions of clause 'Fifty-fi.-st of section
five of chapter fifty-nine, for a specified term not to exceed
twenty years, for any parcel of real property which is located in
the TIF zone and for which an agreement has been executed with the
owner thereof - in accordance with the provisions of paragraph
(v) . . . .
(v) includes executed agreements between such city or town and
each owner of a parcel of real property which is located in such
TIF zone; provided, however, that each such agreement shall
include: (1) all material representations of the parties which
served as the basis for the descriptions contained in the TTF- plan
in accordance with the provisions of paragraph (ii) ; (2) a
deta-i -1 --d _recit-2ti C, of the t_- i ncrement exern-tJ -d the
maximum percentage of the cost of public improvements that can be
recovered through betterments or special assessments regarding
such parcel of real property pursuant to paragraphs (iii) and
(iv) ; (3) a detailed recitation of all other benefits and
responsibilities inuring to and assumed by the parties to such
agreement; and (4 ) a provision that such agreement shall be
binding upon subsequent owners of such parcel of real property
(vii) is certified as an approved TIF plan by the economic
assistance coordinating council established by section three B of
chapter twenty-three P, pursuant to regulations adopted by said
council; provided, however, that the economic assistance
coordinating council shall find, based on the information
submitted in support of the TIF plan by the city or town and such
additional investigation as the economic assistance coordinating
council shall make, and incorporate in its minutes, that the plan
is consistent with the requirements of this section and will
further the public purpose of encouraging increased industrial and
commercial activity in the commonwealth; provided, further, that
a city or town may at any time revoke its designation of a TIF
zone and, as a consequence of such revocation, shall immediately
cease the execution of any additional agreements pursuant to
paragraph (v) ; provided, further, such revocation shall not
affect agreements relative to property tax exemptions and
limitations on betterments and special assessments pursuant to
said paragraph (v) which were executed prior thereto; and
provided, further, that the board, agency or officer of the city
or town authorized pursuant to paragraph (vi) to execute
agreements shall forward to the board of assessors a copy of each
7
such agreement, together with a list of the parcels included
therein.
(Emphasis added. )
Similar provj:sions appear in 760 C.M.R. 22. 00, et seq. ; see
-especially Sec. 22. 03 (2) , 22. 05, 22 . 07 .
To conclude: the law is clear: T.I. F. Applications must be
approved by the City Council and must specifically identify the
parcel (s) to which they are to apply. The T. I . F. Application
approved by the City Council did specifically identify, in clear
and unambiguous fashion, a single parcel as the intended recipient
of the T. I . F. financing. There is simply no "wriggle rocm" in any
of the official documents to argue - after the fact - that the
T. I. F. plan approved by the City Council was intended to apply to
all of the Rockett property on Pickering Wharf. If such was the
intent of the Council, and the applicants, then they should have
manifested that intent in the Resolutions . At this time, I fear
that I see no alternative but to return to the Council with a
corrective resolution, and (hopefully) prevail upon a majority of
the members to pass it.
I hope that the foregoing has been of assistance. If you have any
further comments or questions regarding this matter, please do not
hesitate to contact me.
4LPLAN
FIFTH AMENDMENT TO MASTER DEED
PICKERING WHARF CONDOMINIUM
New Pickering Wharf Limited Partnership a Ms%J1301 1p
etrEr A,% 85
partnership with a principal Place of business C/o Marblehead, Inc. 59
Union Street, Pickering Wharf, Salem, Massachusetts 01970 ("NPWLP") owner
of Unit Ar Bowditch Building in Pickering Wharf Condominium established
by Master Dead dated August 3, 1979 and recorded with Essex South
District Registry of Deeds on August 22, 1979 In Book 6624, Page 141 as
amended of record (the "Master Deed") hereby further amend the Master 1,7;
Deed as followal
1. Pursuant to the provisions of Paragraph 12. of the master
Deed, NPWLP as Owner of Unit A, Bovtditch Building, hereby
subdivides such Unit into two smaller Units as followss
Unit Address Area Floor Adjacent Unit
Left Right
A 197 Derby Street 2037 let None None
A-B 199D Derby Street 260 2nd 2 None
Percentage interest In Common Areas and Facilities:
Unit A 2.3045
Unit A-8 .0975
Total 2.4082
Such subdivision is shown on a plan of land entitled "Pickering
Wharf Condominium Heritage Trust 11 in Salem, Massachusetts Scale
1" � V Dates October 29, 1991 Hayes Engineerings Inc. Civil
Engineers & Land Surveyors 603 Salem Street Wakefield, Mass. 01880
Tel. (617) 246-2800- to
be recorded herewith (the "Amended Floor Plans - Unit A Bowditch
Building"). The parking space to which the Owner of former Unit A
is entitled shall be and remain appurtenant to new Unit A and not
to Unit A-8.
2. Further pursuant to the provisions of pa
,0#C.Jh13Wf PAGE 86
Master Deedr NPW1,P as record owner of said Unit A Howditch Building
hereby consents on its behalf and as Attorney for all other record
Owners of interests in Units in said Pickering Wharf condominium to
the within Amendment.
EXECUTED as a
sealed instrument this day
of 1992.
New Pickering Wharf Limited Partnership,
for itself and as Attorney for all other
record Owners of interests in Units in
said Pickering Wharf Condominium
BY: PWLP-GP Joint Venture, its General
Partner
Bys River Clyde Corporation, a joint
venturer
Byl
w1111am H. Mitclielson, reskZt�&x
By, South River Holding, Inc. , a joint
6venu r
Byz
Shirley G .1dent
G
BY,
,--rence Gins ert. T
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. -�4� /�F , 1992
Then Personally appeared William H. Mitchelson? President as
aforesaid, and acknowledged the foregoing instrument to be the free act
and deed of River Clyde Corporationt before
Motaplu2bblic
MY commission xpires
f"ECCI%J STROUr
NOTAHY�UBLIC
Afy a.foe
COMMONWEALTH OF MASSACHUSETT K 1301 PAGE 87
Easdx, 1992
Then personally appeared
as aforesaid, and acknowledged the foregoing instrument to be the free
act and deed of South River Holding, Inc. bZere me, 4
0
POt&37Y PU . .
D11C V
HEDECCAJ.STROUT My commission expires
NOrARYPUBUG
41 MMMAC1 UP.Apr.24.IM
COMMONWEALTH OF MASSACHUSETTS
Essex, 88.
5�� 1992
Then personally appeared
as aforesaid, and acknowledged the foregoing instrument to be the free
act and deed of South River Holding, Inc. bef re me,
. Zi
public
My commission ebir,
REBECCAJ.Si-poUT
-3- NOTAFlyPUBLIC
My""wvP-Apr-24,ion
& 6 PLANS BK6692 PG336
SEE PL.B. 158
PL. 20
THIRD AMENDMENT TO MASTER DEED
PICKERING WHARF CONDOMINIUM
Henry D. Audesser Robert C. Bramble, Arthur A. Collins
and The Northshore Corporation, Trustees of Heritage Trust II
under Declaration of Trust dated March 11, 1977 and filed as
Document No. 160662 with the Land Registration office for the
SouthezP-Registry District of Essex County and recorded with
Essex South District Registry of Deeds, Book 6331, Page 610,
Declarants of a Master Deed creating Pickering Wharf Condominium,
which said Master Deed is dated August 3 , 1979 and was recorded on
August 22, 1979 with Essex South District Registry of Deeds in
Book 6624 , Page 141, as . amended by F`irst Amendement to Master Deed
dated November 9, 1979, recorded with said Registry of Deeds
on November 13, 1979, Book 6653, Page 99, and as amended by Second
Amendment to Master Deed, dated December 28 1 1979, recorded with do
said Registry of Deeds on December 28 , 1979, Book 6667 , Page 39,
hereby further amend the Master Deed as follows:
1.. Pursuant to Paragraph 11 of the MASTER DEED, the
Declarants hereby amend the MASTER DEED so as to submit to the
provisions of Chapter 183a of the General Laws as amended and to
include the buildings shown on the Site Plan as "Gentooll and "Arbella"
and the areas shown on the Site Plan as !'Reserved for Future Con-
struction" and "Reserved for' New construction" , together with the
improvements located and to be located therein, as part of and in-
cluded in PICKERING WHARF CONDOMINIUM, and to be known as PHASE III.
2 . The said buildings consist of a total of two (2) buildings,
one containing three stories and the other a combined two and four
stories containing nineteen (19) units, located on the premises
described in Exhibit A of the Master Deed, shown on the Site Plan
filed with the Master Deed, and on the Building . Plans hereinafter
referred to.
Said buildings are constructed principally of steel,
concrete, wood and brick, have poured concrete slab foundations
supported by grade beams and piles, steel and wood'.frame structures,
wood and brick siding, and asphalt shingle roofs .
The location of said buildings are shown on a plan entitled
"Pickering Wharf Condominium, Heritage Trust II, Salem, Massachusetts
Scale 1" - 20 ' , Hayes Engineering, Inc. , 828 Lynn Fells Parkway,
Melrose, MA dated August 3, 1979" (2 sheets marked CD1 and CD2) -
(herein called the Site Plan) .
recorded with the Master Deed
3 . The Condominium Units and the designations, locations,
approximate areas, number of rooms, immediately accessible common
. ; and other descriptive specifications thereof are as shown
areas , arf Condominium Heritage Trust II,
on a plan entitled "Pickering Wh
Salem, Massachusetts, Add, Inc. Architecture Design Developmentr
ambridge, Massachusetts, 02138 dated
1158 Massachusetts Avenue, C
March 19, 1980 (5 sheets marked CD26 through CD30) to be recorded
herewith (hereinafter called the Building Plans) .
The boundaries of the Units with respect to the floorst
ceilings, and walls, doors and windows thereof are as follows:
A. Floors: The upper surface of the conc rete floor
slab of the ground floor, and the upper surface
of the rough flooring material (concrete, particle
board, interior plyscOre, or other, as the
case may be) , of the other floors.
B. Ceilings: The plane of the lower surface of the ceiling
joists; and the plane of the lower surface of
the roof r I afters, where applicable.
c . Interior Building Walls Between Units:
The plane of the surface facing such Unit of
the wall studs .
BX6692 PG340
lop,
and shall be subject to and shall have the benefit of the provisions
of the said Pickering Wharf Condominium Trust, its By-Laws, Rules
and Regulations, as the same may be from time to time amended..
Executed as a sealed instrument this
day of 4?e4 i
TR IERITAGE TRUST II
B
He y s e, Tr ee
161
By
`RoI56ft C. lgi�`arrib_le, TFu—stee
By
Arthur ,,XK
THE NORTHSHORE CORPORATION, Trustee
By
- .Thomas rd, Vice .President
COMMONWEALTH OF MASSACHUSETTS
ESSEXO SS. 19pe
Then personally appeared the above-naned Henry D. Aude'sse,
Robert C. Bramble, and Arthur A. Collins, Trustees as aforesaid and
acknowledged the foregoing instrument to be theirfree act and deed,
before me
BARRY W. PLLNIKETT
Notary Public
my commission expires Oct 10, 1986 Notary TPUSITc
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. 19
Then personally appeared the above-named Thomas M_0 Leonard,
Vice-President as aforesaid, and acknowledged the foregoing instru_
ment t. o be the free act and deed of THE NORTHSHORE CORPORATION, as
Trustee, before me,
14
Notary Public
BARRY W. PLUNKETT
Notary Public
My commission expires OcL 10, 1986 ....
ESSEX SS. RECORDED _10-Lfi
BK6667 FG039
SECOND AMENDMENT TO MASTER DEED
PICKERING WHARF CONDOMINIUM
& 2 PIANS
SEE PL.B.aPL-7/
Henry D. Audesse, Robert C. Bramble, Arthur A. Collins
and The Northshore Corporation, Trustees of Heritage Trust II
under Declaration of Trust dated March 11, 1977 and filed as
Document No. 160662 with the Land Registration office for the
Southern Registry District of Essex County and recorded with
Essex South District Registry of Deeds, Book 6331, Page 610,
Declarants of a Master Deed creating Pickering Wharf Condominium,
which said Master Deed is dated August 3, 1979 and was recorded
on August 22, 1979 with Essex South District Registry of Deeds
in Book 6624, Page 141, as amended by First Amendment to Master
Deed dated November 9f 1979, recorded with said Registry of Deeds
on November 13, 1979, Book 6653 , Page 99, do hereby further amend
the Master Deed as follows:
1. Pursuant to Paragraph 11 of the MASTER DEED, the
Deciarants hereby amend the MASTER DEED so as to submit to the
-provisions of Chapter 183a of the General Laws as amended and to
include the building shown on the Site Plan as "Bark Emerald" ,
together with the improvements located and to be located therein,
and such additions as shall be made thereto pursuant to the provisions
of said First Amendment to Master Deed, as part of and included in
PICKERING WHARF CONDOMINIUM, and to be known as PHASE II .
2. The said Bark Emerald Building consists of a total of
one (1) 1 building containing three stories containing ten (10)
Units , a total of ten (10) Units , located on the premises described
.. in Exhibit A of the Master Deed, shown on the Site Plan filed with
the Master Deed, and on the Building Plans hereinafter. referred to.
I
Said building is constructed principally of steel,
concrete, wood and brick, has a poured concrete slab foundation
supported by grade beams and piles , steel and wood frame structure#
wood and brick siding, and an asphalt shingle roof.
The location .of said building is shown on a plan entitled
.� "Pickering Wharf Condominium, Heritage Trust II , Salem, Massachusetts
Scale I" - 20' , .Hayes Engineering, Inc. , 828 Lynn Fells Parkwayl
Melrose, MA dated August 3, 1979" (2 sheets marked CD1 and CD2)
recorded with the Master Deed (herein called the Site Plan) .
3. The Condominium Units and the designations, locations ,
approximate areas, number of rooms , immediately accessible common
areas, and other descriptive .specifications thereof are as shown
on a plan entitled.."Pickering Wharf Condominium Heritage Trust III
Salem, Massachusetts, Add, Inc. Architecture Design Development,
1159 Massachusetts Avenue, Cambridge, Massachusettsf 02138 dated
December 18, 1979 � (2 sheets marked CD24 and CD25) to be recorded
herewith (hereinafter called the Building Plans) .
The boundaries of the Units with respect to the floors,
ceil ings, and walls , doors and windows thereof are as fol 10 ws :
A. Floors: The upper surfac6 6k the concrete floor
slab of the ground floor, and the upper surface
of the rough flooring material (concrete, part-
icle board, interior plyscore, or other, as
the case may be) , of the other floors .
B. Ceilings : The plane of the lower surface of the ceiling
joists; and the plane of the lower surface of
the roof raftersi where applicable.
C. Interior Building Walls Between Units :
The plane of the surface facing such Unit of
the wall studs.
BK6667 PG040
-2-
Building Walls , Doors and Windows :
Exterior
D.
AS to walls, the plane of the interior
surface of the wall studs; as to doorso
including any Storm doors, the. exterior
d of the door frames ; <1
surface thereof an
walls,
and as to windows in roofs and
including storm windows and including
skylights, the exterior surface of the
glass and of the window and skylight frames.
JI
4. The common areas and facilities of the Condominium
comprise and consist of those items set forth in the Master Deed
as amended and set forth under the definition of conLmon areas and
al Laws Chapter 183a, Section 1 as from time to
facilities of Gener after set forthr and shall include:
time amended, except as herein
lal said land described in Exhibit A annexed to the Master
Master Deed, subject to the reservations therein and in the
Deed, set forth;
(b) the foundationsi structural columns , chases , . girders,
beams, vents , chimneys , supports , party wallsr common walls, main
walls, corridors, lobbies , halls, roofs-, stairs and stairways,
elevators, fire escapest and entrances and exits of the building;
(c) all conduitst .ducts , pipes , plumbing, wiring, flues,
and other facilities for the furnishing of utility services which
are contained in portions of the building contribuiing� to the
structure or support thereo:I�I .and all such facilities contained
within any Unit which serve parts of the Condominium other than
the Unit within which such facilities are contained;
ers and the sillcocks serving common areas I
(d) the met
and facilities;
(e) subject to the reservations provided for in (a)
above, the yardsr lawnsr , .gardensf driveways, walkwayst and the
improvements thereon and thereof, including walls, railings , steps,
lighting fixtures , trees and plants;
(f) crawl sp ace and eave space, provided, howevert that
each Unit owner whose Unit has at the time it becomes subject to
the Master Deed or any Amendment thereto, direct physical access
. through existing openings to a qrawl space or eave space directly
from the interior of his Unit shall have an easement for the ex-
clusive use of such crawl space or eave space;
(g) the outdoor parking spaces now existing or hereafter
to be constructed, subject to the right of the Owner of each Unit
to the exclusive use of one (1) parking space as may be designated
by the Trustees of Pickering Wharf Condominium Trust under a
Declaration of Trust dated' ,August 31 1979 recorded with said
Registry of Deedsi Book 66241 Page 168 (hereinafter called the. ,
Condominium Trusteed) , .from time to time;
(h) the decks attached to the Units , except that each Unit
owner whose Unit has at the time it becomes subject-to- the Master
Deed or any Amendment thereto, direct access �through an existing----
doorway to a deck shall have an easement for the exclusive use of
such deck;
(i) as appurtenant to and for the use of the Residential
Units (as defined in the Master Deed) of the buildings in which
the same are located, the Trash Sheds , and Bike Storage areas as
shown on the Building .Plans ;
(j) as appurtenant to and for the use of the Non-residential
Units (as hereinafter defined) of the buildings in which the same
are located, the Electric/Telephone Rooms, Trash Rooms and Water
Rooms � as shown on the Building Plans , except that as to Trash Rooms,
the same- are to be for the use of the Non_residential Units as
follows :
BK6667 PG04 I
-3-
LOCATION 'USE BY:
Bark Emerald Bark Emerald and Bowditch
Privateer Privateer and Square Rigger
Pickering Pickering and Wherry Row
Tancook Crescent Tancook Crescent and Hawthorne
Arbella Arbella and Derby
Gentoo Gentoo and Grand Turk
The said Declaran.ts , as owners , reserve to themselves,
ssigns , lessees, and others claiming by, through
their sucb66sors, a! the Master Deed and First Amendment
or under them, as set forth in lowing
to Master Deed, easements for the exclusive use of the fol
enumerated areas as indicated on the Site Plan and on the Building
Plans :
(a) The two areas marked "sitting area" adjacent to the
easterly side of "Grand Turk" Building.
(b) Pa.rking Areas marked Parking Lot A, Parking Lot B
and spaces numbered 1 through 6 in Parking Lot C.
(c) All areas marked "Reserved by owner" .
(d) The area marked nsitting area (Reserved by owner) "
adjacent to "Bark Emerald" Building.
The said -Declarants , as owners , reserve to themselves ,
their successors, assigns , lessees , and others claiming by, through
or under them, for the benefit Of adjacent land used for marina
purposes and other adjacent land and rights therein to be acquired, all
ind provisions contained in and referred to in a
easements , rights i for Pickering
enants Conditions and Restrictions
Declaration of cov ecorded with Essex South District
Wharf dated March 2, 1978 and r ,
n Book 6449 , Page 22 , and filed with the
Regis,try of Deeds i Southern Registry District of
�gistration office of the
Land Re cument No. 164783, together with the right to
Essex County as Do as and facilities and to lease,
grant easements in the common are eral public.
use thereof by others, including the gen
let or permit the hall not apply to parking areas and spaces other
This reservation s
than Parking Lot A, Parking Lot B and Spaces I through 6 in
Parking Lot C as set forth above. Such other parking areas and
as aforesaid to the control of the
spaces are to be subject_
Condominium Trustees.
-pted and excluded from the common
There is expressly exce
areas and facilities all docks , piers, floats , gangwayst walkways ,
slips, and all other marina installations , approaches thereto
boat
and appurtenances thereof, .now or hereafter to be constructed on
and adjacent to the Premises and the land, water, licenses, permits
ch facilities are or shall
and easements therein upon and over which su
be constructed and maintained.
The Owners of each Unit shall be entitled to an undivided
interest in the common areas and facilities in the percentages set
forth under "Phase 11" in Exhibit B annexed to the Master Deed.
Said common areas and facilities shall be subject to the
provisions of the By-Laws of said PICKERING WHARF CONDOMINIUM TRUST,
and to Rules and Regulations promulgated pursuant thereto with
respect to the use and maintenance thereof.
5. The floor plans of the building and Units showing
the layout, location, unit numbers, and dimensions of the Units
and bearing the verified statement 'of a Registered Architect that
said plans fully and accurately depict the same as built, are as
shown, on the Building Plans to be recorded herewith.
BKH067 PGO42
-4-
6. Encroachments. if any portion of tIe common areas
and facilities now encrFaches upon any .Unit, or if any Unit now
encroaches upon any other unit or upon any portion of the common
areas and facilities , or if any such encroachment shall occur
hereafter as a result of (a) settling of the Buildings, or;, (b)
alteration or repair to the common areas and facilities made by
or with the consent of the Condominium Trustees, or (c) as a result.
of repairs or restoration of a Building or a Unit after damage
by fire or other casualty, or (d) as a result of condemnation or
eminent domain proceedings, a valid easement shall exist for such
encroachment and for the maintenance of the same so long the ,
Building stands.
re
��,: Flues!, Duct C qb.Les�.Conduits, Public
Utility Lin common Areas!!H�d ic :ties slocated Inside
n gt
Of Units:
Each Unit owner shall have an easement in common with the owners
of all other Units to use all pipes, wires, ducts, flues , cables ,
conduits and elements of the common areas and facilities located in
any of the other Units but serving his Unit. Each Unit shall be
subject to an easement in favor of the owners of all other Units
to use all pipes , wires , ducts, flues , cablest conduits and elements
of the common areas and facilities located in such Unit but serving
such other Units. The Condominium Trustees or anyone authorized
by said Trustees , ,shall have the right of access to each Unit in
order to inspect the same, or to maintain, repair or replace any of
the common areas and facilities contained therein or-- elsewhere in
the buildings or to remove any,. violation of any agreement or instru-
ment affectiqg the Premises. '
8 . The Units contained in said Bark Emerald Building shall
be subject to and shall have the benefit of all other provisions
contained in and referred to in the master Deed and First Amendment
to Master Deed including but not limited,ito those with respect to:
(a) The purposes for .which the buildings and Units are
intended to be used (Paragraph 8 of the Master Deed) -f
(b) Restrictions upon use of Units (Paragraph 9 of the
Master Deed) ;
(c) Amendments to the Master Deed (Paragraph 10 ,of the
Master Deed) ;
(d) Amendments to the Master Deed not requiring ,signatures
of seventy-five (75%) per cent of the Unit Owners ' interests
(Paragraph 11 of the Master Deed) ;
(e) Subdivision or re-subdivision of Non-residential
Units (Paragraph 12 of the Master Deed) ;
(f) Provisions regarding Pickering Wharf Condominium
Trust (Paragraph 13 of the Master Deed) ;
(g) Rights of first refusal (Paragraph 14 of the, Master
Deed) ;
(h) Applicability of General Laws Chapter--183a as from -
time to time amended- (Paragraph 15 of the master Deed) ;
(i) Provisions respecting mortgages of Units (Paragraph 16
of the Master Deed) ;
(j ) Provision regarding meaning of terms (Paragraph 17
of the master Deed)
BK6667 PG043
-5-
and shall be subject to and shall have the benefit of the provisions
I
of the said Pickering Wharf Condominium Trust, its By-Laws , Rules
and Regulations , as the same may be from time to time amended.
Executed as a sealed instrument this �1-sl
day of
TRUSTEES F HERITAGE ST II
By
Henry udesse, Trustee
By C
�rustee
By AZ,� A'�A�b
A Eu—
rt r AZCollins, Trustee
THE NORTHSHORE CORPORATION, Trustee
By
Thomas M. Le esident
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. December 28 , 1979
Then personally appeared the above-named Henry D. Audesse,
Robert C. Bramble, and 'Arthur A. Collins, Trustees as aforesaid and
acknowledged the foregoing instrument to be their free act and deed,
before me
Christoom L Plun"tt
Notary Public Notary Punlic
my comwifion Expim octobar 29, 1982
60MMONWEALTH OF MASSACHUSETTS
ESSEX, SS. December 28, 1979
Then personally appeared the above-named Thomas M. Leonard,
Vice-President as aforesaid, and acknowledged the foregoing instru-
ment to be the free act and deed of THE NORTHSHORE CORPORATION, as Trustec
before met
Notar)( TuDi1c
Christopher L. P1......
Notary Public
MY QmWssion Expir,, October 29, 1982
'SSE% 1070 ALL pAsT.3 —laMINST. 0 7
SS. RECORDED
BK6667 PG044
HENRY D. AUDESSE, ROBERT C. BR.VIBLE and ARTHUR A. COLLINS and
THE NORTHSHORE COaPORATIOaj TRUSTEES OF HERITAGE TRUST 11, under
a Declaration of Trust dated March 11, 1977, recorded with Essex
South District Registry of Deeds, Book 6331, Page 610 and filed as
Document No. 160662 with the Land Registration Office for the
Southern District of Essex County (hereinafter called Borrower) ,
for consideration paid, grant to THE NORTHSHORE CORPORATION, a
Massachusetts corporation having its usual place of business at
206 Essex Street, Salem, Essex County, Massachusetts, with
MORTGAGE COVENANTS to secure the payment of TWO HUNDRED THOUSAND
DOLLARS in one (1) year with twelve (12%) per cent interest per
annum, payable annually, provided in the Borroweres Note of even
date, the land in Salem, County of Essex, and Commonwealth of
Massachusetts, bounded and described as set forth on "Exhibit A"
hereto attached.
This mortgage is upon the STATUTORY CONDITION, for any breach
of which the mortgagee shall have the STATUTORY POWER OF SALE.
IN WITNESS WHEREOF, Borrowerhas executed this Mortgage
under seal this day of 31,UV��A&o 1979.
HERIT E TRUST II
By
enr :D ude e, T tee
By
Ro ert Brambler ustee
r u ee
THE NORTHSHORE CORPORATION, TRUSTEE
By Tho.mas M L eo d, Vice President
BK 6 6 6 7 PG 0 4 5
A p.arcal of land situated in Salem, County of Essex, Commonwealth
jod t's follows :
.of %Iassachusetts bounded. and descril,
Beg inning at a point in ,the Southerly Sideline of Derby Strec I t
and the Easterly Sideline of Union Street,
0 the southerly Sideline
Thence, running N76 - 20, 5711E, 197 . 35 feet by
----.-of Derby Street I tc. a Point; land of the National Park
Thence, -SO84-- -471 - 09"El 145. 81 feet by point;
Service (Department of the interior) to a
Thence, Sil' -' 041 - 3811EF 120. 21 feet to a point;
Thence, S86 - 23' - 54"W? 14 . 81 feet by the South River to a point;
S094 to a poirt;
Thence , - 04 ' - 28"W 1 8. 86 feet ,to a point;
Thence, SSV_ 591 - 021,1j, 46. 54 feet
Thence , S084- 48 ' - 09"Er 27 . 41 feet to a point;
Thence, S05'- 08' - 39"E, 31. 04 feet to a point;
Thence, N741 - 56 ' 57"Ej 1.28 feet to a point;
Thence, s091- 36' 4811E, 63.18 feet to a point;
Thence, SO4A - 13' 4411W, 55. 06 feet tc a Foint;
Thence, S321- 241 - , 06"E, 38 . 34 feet to a point;
S82-1- 44 ' - 30,,E, 9. 64 feet to a point;
Thence , - 16"W, 19. 57 feet to a point;
35" 0 a point;
.--nce , SO"
Thence, So91- 13' - 3811w, 28. 84 feet t 0 a point;
11W, 31. 00 feet t
Thence, S111 - 371 51
Thence, SIY - 50' - 4211w 67. 80 feet to a point;
Thence, N76 51' - 42"W: 12. 13 feet to a point;
Thence , S12 ,- 15' - 5:L,,wl 27 .67 feet to a point;
68-- 19 , - 13"W4, 66. 63 teet to a point;
Thence , 13 to a point;
Thence, N62' - 51' - 03111jo 44 . 64 5eet int;
Thence, N65'- 281 - -c3,,W 110 . 24 feet to a po
Thence , N66-- 401 - 23"V1, 49.78 feet to a polnC,
Thence, NIS' - 34 ' - 53"E,. 13.45 feet to F, PO'-t ;
Thcnce, 141601- 531 34 ow 1 37 . 34 feet to a rooint;
116*t'- 16 ' 1�11W, 79 . 28 feet to a Point;
r_,."C r-� 05 ' 34 . 46 feet to a point;
34"E 0 a point;
,,cc, 1404, 1 89 .76 feet t
rihence 1101� 01, 0011E, 11 by the SOiith River ;
L-1 t, a
Thence, 1,486"- IS' 26 . 94 feet tc a poin, formerly of Job.h Ii.
land now Or
Thence, 1`0 2"'- '17 59. 86 feet by
silmonds to a point;
18,,E 1.54 feet to a point;
N01'- 45' - 2 F y land now or former-
T'.1 en c e, N34 "- 23" - 0 3"14,. �169. 38 feet still b
ly of Simonds to a point; I
"03" 3 190. 97 feet along the Easterly Sideline
Thence, 1% - 451 - 0 "E, int;
of Congress Street to a po
-I-
BK6667 PG046
.—nc:-� , S^06 17 ' 49"E,
Li.d of I'aumkeag Trust
Company to a point ;
1'1�lcncc ' �102 1- 281 - 46"E, 34 . 66 14eet by lan(l of said Naumkeag Trust
Company to a point;
Thenco N37*'- 46 ' - 0111W, 1. 95 feet by land of said Naumkeag Trust I
C�mpany to a poirst;
Thcnce , NO2'- '451 - 08"E, 60. 33 feet by land of said Naumkeag Trust
Company to a point;
Thence, S76"- 13 ' - 33"E, 133. 63 feet along the Southerly Sideline
of Derby Street to a spike set.
Thence S02"- 37 ' - 16"W, 113. 01 feet k-y land now or formerly
JLsephine Fabiszewski and Mary Wladyslaw and land now or
formerly of St. Nicholas Russian Benefit Society Inc. to 'a
stake and nail set;
Thence, S37"- 071 - 05"E, 58 . 41 feet to a point;
Thence, SW- 271 - 40"W, 72. 98 feet along the Westerly Sideline of
Union Street to a point;
Thence, S87'- 32' - 20"E, 40. 00 feet to a drill hole set;
Thence, NO2"- 27 ' - 40"E, 167. 55 feet along the. Easterly Sideline of
Union Street to the point of beginning.
J
Said parcel of land is shown cin the Site Plan referred to in
the Master Deedrecorded with -vs*sex South District Registry of Deeds,
Book 6624 , Page 141
There is included in the parcel herein conveyed
the parcels shown on said Site Plan as Area "A" , Area "B" and
Area "C" .
There is expressly included in the
above described all right, title and interest in and to the
South River as shown on the Site Plan and any and all right of
;-ccess thereto or egress therefr am.
T he said premises are subject to and have the benefit of the
fallowing, insofar as the same are in force and applicable :
-2-
BK6667 PC3047
:oticc- of variance granted by City
dated October 19 , 1976 , recorded with said Deeds in
Look 6305, Page 236 and filed as Land Court Document No. 1519682.
2. Rights of city of Salem in and to the sewer located
a,. a copy of
pproximately as shown on Land Court Plan No. 12635A,
which is filed with Essex South Registry District cf the land
Court, with! Certificate' of Title No. 7440, referred to in certifi-
cate of Title No. 46732.
3. Easement agreement between Naumkeag Trust company and
Henry D. Audesse, et all Trustees, dated May 10 , 1977 , recorded
with--said Dep-ds in Book 6347, Page 408.
4 . Special permit �,ran.ted by City Of Salem, recorded with
said Deeds in Book 6372, Page 120 and Book 6411 , Page 567.
5. Order of conditions issued by the City of Salem Conser
vation commission recorded with said Deeds in Book 6464 , Page 452 .
6 . Declaration of Covenants � Conditions and Restricticns
0-9
for Pickering Wharf executed by the Trustees J. Heritage Trust II ,
id Deeds in Book 6449 , Page 22 ,
dated March 2, 1978 , ' recorded with sa. 164783 .
filed with said Land Court District. as Document No.
Trustees of Heritage Trust II to New
S . Basement from
England Talephone .and Telegraph Company, dated May 28 , 1978, record-
ed with said Deeds in Book 6473f Page 674 anO, fil.ed as Land Court
Document No. 165745.
Massachusettst
. 9 . License -No. 438 granted by the commonwealth of
dated April 5, 1978 ,
Danartment of Environmental Quality Engineering,
an� filed-as L I and Court Document NO. 165290.
-10. Pro.visions of Agreement dated Juiie 1, 1976 between the
City of Salem and Heritage Trust, Notice of which Agreement is
recordedwith said. Diieds .in Book 6245, page 201 and filed as Land
Court Document No. 157357 .
-age
11-0,�., . Terms and provisions Of lease ' in which Trustees of Heri
I i1ords and putnam Lirlited , - Nc. 1 is the tenani
TrustIl are the land said'
votice of -which leage is dated/June 7, 1978 and recorded with
Defids,�_ih Book 6483t Page 70.
12 Title. to and rights of the public,,and others entitled
o, if - any , 'in -and to those portions of the Premises 1,,7ing with-
theret, mean high
in the bounds of Derby Streetl : Union Street' and belc.w the
South River.
�.,ater mark of the
13 . Mortgage from Henry D. Audesse , Robert C. Bramble , Arthur
co' l; ns, and The Northshore Corporation, as TruStEtes of Heritage
Trl:.st_lj� to New England ivierchants National Bank in the original
princ"pal amount of $650 , 000- 00 dated March 2, 1978 , recorded with
zsse:� South. District Registry of Deeds in Bool� 6449 , Page 2S , which
incrtgauc, was assigneO to the Salem Five Cents Sav-�ngs Bank by
-3-
BK6667 P-G- b-48
-in
,ssignmant dated July 14l 1978 and recor6c-C .7zicl Deec2s
Book 6495 , Page 204 , and easement concerning covered walkway con-
tained therein.
14 . Co.nditional .Assignment ' from Trustees of Heritage Trust
11 to New England Merchants National Bank, dated March 21 19781
recorded with said Deeds in Book 6449 , Page 38 , which Conditional
Assignment was z:ssigned to the Salem Five Cents Savings Bank by
1978 and recorded with said Deeds, in
assignment dated July 14 , .1
Boo); 6495, Page 1204 .
15. u. C.C. Financing Statement from Trustees 'Of Heritage
Trust 11 to New England Merchants National Bank , recorded with said
Deeds in Book 6449 , Page 43 , which Financ.ing Stal.e.ment %%,as assigncd
to Salem Five Cents Savings Bank by Assignment dated July 14 , 1978
and recorded with said Deeds in Book 6495, page 204 .
Mortgage from Henry D. Audesse , Robert C. Bramble
16. tion , as Trustees of
Arthur A. Collins and The Nortbshore Corpora
Heritage Trust II , to New England Merchants 'National Bank in the
original principal amount of $600 , OLOO .-00, dated mcarch 2, 1978 ,
uth Distriot pegistry of Deeds in Book 6449 ,
recorded with Essex So ' t of the Land Court
page 47 filed with Essex South Registry Distric
�ent No. 1647Z4 , which mortgage was assigned to Salem Five
as Docu dated November "1 , 1978 and
Cents Savings Bank by assignment ed as Land
recorded with ;aid Deeds in Book 6541, Page 653 and fil
Ccu.ri. DocumcPt No. 168308 .
ent from Trustees Of Heritage Trust
17 . Conditional Assignm 19�8 ,
11 to 1,.-ew England Merchants National Bank, dated march 2,
recorded with said Deeds in Book 6449 Page 57 , and filed with
ument ;o. 1647S'.,. which Assignment
f;z�� e 1,ind Court District as Doc s Savings Bank by E:ssignment dated
a!:signed to Salem Five Cent
,�Oveml,-cr 7 , 1978 and recorded with said Deeds in Book 6541t Page 653
;ar.a filed as Land Court Document. No. 16830.8 .
18. U. c.c. Financing Statement from Trustees of Heritag'e
-lerchants National Bank, recorded with said
Tri:.st 11 to New England I as Land Court Document No.
Deeds in Book 64491 , Page 62 , filed gned to Salem Five Cents
. IG4786 , which Financing Statement was z�ssl 7 , 1978 and rec I orded
Savings Bank by assignment dated November filed as Land Court
- ith ' aid Deeds in Book 6541, Page 653 and
gi S
,t No. 168308.
DOC;Lmell D. Audesse , Robert 'C. Bramble,
19 . Mortgage from Henry tion as Trustees of
Ar"hur A'. Collins and The Northshore corpora
�hants National Bank in the
vG_rjtaqE: Trust 11 to New England Perd
. - 1.3 ive-million-two--hundred-thoiisand
crigillal principal amount of f arch 1, 1979 , recorded with ,
dollars, dated Y,
('�5 , 200, 000- 00) . try District of Deeds in Book 6569 , Page 252 ,
Zscez South Regis t Document NO. 169399 .
and filed as Land cour
-4-
BK66-67 PG049
20. Mortgage from Henry D. Audesse, Robert C . Bramble,
Arthur A. Collins and The Northshore Corporation as Trustees of
Heritage Trust II to The Northshore corporation dated July 16,
1979, recorded with Essex South District Registry of Deeds in
Book 6613, Page 276; and filed as Land Court Document No. 171124 ,
which said mortgage was assigned to the Salem Five Cents savings
Bank by assignment dated July 16, 1979 and recorded with said
Deeds in Book 6613, Page 281, and filed as Land Court Document
No. 171125.
21.i Mortgage from Henry D. Audesse, Robert C. Bramble,
Arthur A. Collins and The Northshore Corporation as Trustees of
Heritage Trust II to TheNorthshore Corporation dated August 20,
1979 and .recorded with Essex South District Registry of Deeds,
Book 6624 , Page 135 and filed with the Land Registration office
for the Southern Registry District of Essex County as Document
No. 171560, which said mortgage was assigned to the Salem Five
Savings Bank by Assignment dated August 20, 1979, recorded
Cents 1) stration office as
with said Deeds and filed with said Land Regi
Document No. 171561, Book 6624 , Page 140 .
22. A Master Deed dated August 3, 1979, recorded with
said Registry of Deeds, Book 6624 , Page 141, by which a portion
of the premises above described were submitted to the provisions
of General Laws, Chapter 183a and became Pickering Wharf Condominium,
and a Declaration of Trust dated August 3, 1979 and its By-Laws,
Rules and Regulations, recorded with said Registry of Deeds,
eed and said Declaration
Book 6624 , Page 168 to which saidMaster D
of Trust, By-Lawsr Lles and Regulations as the same may be from
t and
time to time amendedr the within -mortgage shall be s-ubjec
subordinate.
23. Finst Amendment to Master Deed dated November 9r
Registry of Deeds on November 13 ,
1979 , recorded with Essex South
1979 , Book 6653, Page 99 .
dated -10'�
Amendement to Naster Deed
24 . Second
to be recorded herewith.,
Robert C. Bramble
25. Mortgage from Henry D. Audesse,
ORATION, TRUSTEES
and Arthur A. Collins and THE NORTHSHORE CORP
OF HERITAGE TRUST 11, to The -Northshore Corporation dated
October 12, 1979, recorded with Essex South District Registry of
Deeds in Book 6652F Page 577,, which said mortgage was ass3 gned
to the Salem Five Cents Savings Bank by Assignment dated October 12,
1979 and recorded with said Deeds in Book 6652, Page 584 .
There are excepted and excluded irom the foregoing, the
following Condominium 'Units her,etofore conveyed:
Unit Buildipa
2 Bowditch
3 Bowditch
4 Bowditch
15 Grand Turk
6 Grand Turk
15 Grand Turk
4 Privateer
5 Privateer
6 Privateer
9 Privateer
I Square Rigger
4 Square Rigger
-5-
BK 6667 PG050
COMMO'N11EALTH OF MASSACHUSETTS
aA 1979
ESSEX, SS .
Then personally appeared the above-named Henry D. Audesse,
Robert C . Bramble and Arthur A. Collins, Trustees, and acknowledged
the foregoing instrument to be their free act and deed, before me
Notary u 1
V '�01 K4 "Ic
09\"I
COS, ON
Vo m y commission expires
'00
COMmoNWEALTH OF MASSACHUSETTS
ESSEX, SS.
Then personally appeared the above-named Thomas M. Leonardt
Vice President, and acknowledged the- 1oregoing instrument to be
the free act and deed of THE NORTHSHORE CORPORATION, Trusteer .
before me
—&*N4tWaru 11C
my commission expires
Chfistcow L Pl�k*"
NOINY PWW 7
My C�i"jon lioms Od" 29, 1982
PAST,--&. INST. #-A
ESSEX SS. RECORDED _1D�- ;
BK6653 PGO99
� FIRST AMENDMENT TO MASTER DEED
PICKERING WHARF CONDOMINIUM
Henry D. Audesse, Robert C. Bramble, Arthur A. Collins and
The- Northshore Corporation, Trustees of Heritage Trust Il under
Declaration of Trust dated March 11, 1977 and filed as Document
No. 160662 with the Land Registration office for the Southern
Registry District Of Essex County and recorded with Essex South
District Registry of Deeds, Book 6331, Page 610, Declarants of
a Master Deed creating Pickering Wharf Condominium, which said
Master Deed is dated August 3, 1979 and is recorded with Essex
South District Registry of Deeds in Book 6624 , Page 141, being
the Owners of Units entitled to One Hundred (100%) Per Cent of
------the__qnqivided_interest in the common areas and facilities of the
Condominium, do hereby amend the said Master Deed as follows:
Declarants hereby reserve the right to include within
Phase II of the Condominium, as set forth in Paragraph numbered
11 of the Master Deed the area -marked "wood plank deck sitting
area (reserved by owner) " , adjacent to Bark Emerald Building as
shown on the Site Plan recorded with said Master Deed, to construct
therein an addition to the said Bark Emerald Building, consisting
of .two levels, and to include such addition as part of a Unit
within said Bark Emerald Building. Until such time as said , addition
shall have been constructed and said Phase II shall have been added
to the Condominium, t?W_Wforesaid area shall be and remain a part
of the common areas and facilities of the Condominium, subject,
however, to the reserved easement for the exclusive use of the
same, set forth in Paragraph numbered 4 , sub-paragraph (d) , Page 5
of the Master Deed. Such portion of said area as shall not be used
for such addition to Bark Emerald Building shall be and remain a
part of the common areas and facilities of the Condominium, subject,
however, to the., aforesaid easements for the exclusive use thereof.
From and after the effective date of addition to the Condominium
of said Phase II, such addition, if any, as shall be made to Bark
Emerald Building pursuant to the within First Amendment shall cease
to be a part of the common areas and facilities of the Condominium.
The percentage interest of each Unit Owner of Phases I, II,
and III, orany of them, will be unaffected by any addition to Bark
��i Amerald Building pursuant to the.within First Amendment.
1?q
Executed as a sealed instrument this ninth day of November,
1979.
T/RUSTEE OF H S
By
u
r:�2udesse, Trus
enryy D. A
By -/Ili. (e .
Robert C. Bramble, Trustee
011
By
/®rthOur i �Collins, Trustee
C .
THE NORTHSHORE CORPORAg�10N`;...Trustee
. By 7:
-Jnt
TEomas M. ��;,Vice�PreciriaL.
P!, P-Imls B K 6 6D 2 4 PC 1 4 1
SEE PL. B.. /S-'/
FL., /7-,r
This MASTER DEED of PICKERING WHARF CONDOMINIUM made this
3rd . day of August, 1979.
WITNESSETH THAT:
Henry D. Audesse, Robert C . Bramble, Arthur A. Collins and
The Northshore Corporation, TrLISteLs of Heritage Trust. II , under a
Declaration of Trust dated March 11 , 1977 and filed as Document No.
160662 with the Land Registration Office for the Southern Registry
District of Essex County and recorded with Essex South District
Registry of Deeds, Book 6331 Page 610 (hereinafter called thE: De-
clarants) being the sole owners of certain premises (hereinafter
referred to as the Premises) in Salem, Essex County and Commonwealth
of Massachusetts , as more fully described in Exhibit A attached here-
to and made a part hereof (with the exceptions therein �;tated) , by
duly executing and recording tl�is MASTER DEED, do hereby submit said
premises to the provisions of Chapter 183a of the General Laws of
Massachusetts as amended and propose to create 6 condominium to be
governed by and subject to the provisions of Chapter 183a as amend-
ed and to that end said Declarants hereby declare and provide as
follows :
1. The name of the condominium shall be PICKERING WHARF
CONDOMINIUM.
2. The buildings i'ncl�uded in Phase I of the Condominium
consist of a total of nine (9) buildings with three e.nd four stories
and one four-story tower containing fifty-one (51) Units , a total
of fifty-one Units , located on the premises described in said Ex-
hibit A and shown on the plans next herein referred to.
BK6624 PG142
Said buildings are constructed principally of st�eel, con-
crete, wood and brick , have poured concrete slab foundations sup-
ported by grade beams and piles , steel and wood frame structures ,
wood and brick siding, and tar and gravel , asphalt shingle, and
copper roofs.
The location of said buildings is shown on a plan entitled
"Pickering Wharf Condominium, Heritage Trust II Salem, Massachusetts
Scale 1" = 20 ' , Hayes Engineering, Inc. , 828 Lynn Fells Parkway,
Melrose, MA dated August 3, 1979" (2 sheets marked CD1 and CD2) to
be recorded herewith, (hereinafter called the Site Plan) .
3 . The Condominium Units-and-the designations, locations ,
approximate areas, number of rooms , immediately accessible common
areas , and other descriptive specifications thereof are as shown on
a plan entitled "Pickering Wharf Condominium Heritage Trust II,
Salem, Massachusetts, Add, Inc. Architecture Design Development,
1166 Massachusetts Avenue, Cambridge, Massachusetts , 02138 dated
August 3, 1979 (20 sheets marked CD3 - CD23) to be recorded herewith
(hereinafter called the Building Plans) .
The boundaries of the Units with respect to the floors ,
ceilings, and walls , doors and windows thereof are as follows :
A. Floors: The upper surface of the concrete floor slab
of the ground floor, and the upper surface of
the rough flooring material - (concrete, part-
icle board, interior plyscore, or other, as
the case may be) , of the other floors.
B. Ceilings :The plane of the lower surface of the ceiling
joists ; and the plane of the lower surface of
the roof rafters, where applicable.
c. Interior Building Walls Between Units:
The plane of the surface facing such Unit of
the wall studs.
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.1 Vll I
BK 6 6 2 *4 PG 1 4 3
D, Exterior Building Walls, Doors and Windows :
As to Walls, the plane of the interior sur-
face of the wall studs ; as to doors, including
any storm doors , the exterior surface thereof
and of the door frames ; and as to Windows in
roofs and walls, including storm windows and
including skylights , the exterior surface of
the glass and of the window and skylight frames.
4 . The common zireas and facilities c.f the Condominium
comprise and consist of those items herein set forth and set forth
under the definition of common areas and facilities of General Laws
Chapter 183a, Section 1 as from time to time amended, except as
hereinafter set forth, and shall include
(a) said 3and described in Exhibit A annexed hereto, sub-
ject to the reservations therein and hereinafter set forth;
(b) the foundations , structural columns , chases , girders,
beams , vents , chimneys , supports, party walls , common walls , main
walls , corridors, lobbies , halls , roofs , stairs and stairways , ele-
vators , fire escapes , and entrances- and exits of the buildings ;
(c) all conduits , ducts , pipes , plumbing, wiring, flues ,
and other facilities for the furnishing of utility services which
are contained in portions of the buildings contributing to the
structu,re c�r support thereof, and all such facilities contained
within any Unit which serve parts of the Condominium other than
the Unit within which _c�ch facilities are contained;
(d) the meters and the ,;illcocks serving common areas
and facilities;
(e) subject to the reservations provided for in (a)
above, the yaxds, lawns , gardens , driveways, walkways , and the im-
provements thereon and thereof , including walls , railings , steps ,
lighting fixtures, trees and plants ;
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B'K 6 6'2 1 PG 1 4 4
(f) crawl space and eave space, provided, however, that
each Unit Owner whose Unit ha's at the time it becomes subject to this
Master Deed or any Amendment thereto, direct physical access through
existing openings to a crawl space or eave space directly from the in-
terior of his Unit shall have an easement fc:r tKe exclusive use of
such crawl space or eave space;
(g) the outdoor parking spaces now e):isting or hereafter
to be constructed, subject to the right cf the owner of each Unit to
the exclusive use of one (1) parking space ess may be designated by
the Trustees of Pickering Wharf Con- domi n ium Trust under a Decla ration
of Trust dated August 3, 1979 to be recorded herewith (hereinafter
called the Condominium Trustees) , from time to time;
(h) the decks attached to the Units, except that each Unit
owner whose Unit has at the time it becomes subject to this Master
Deed or any Amendment thereto , direct access through an existing
doorway to a deck Ehall have an ez,..sement for the exclusive use of
such deck;
(i) as appurtenant to and for the use of the Residential
Units (as hereinafter defined) of the buildings in which the same are
located, the Trash Sheds, and Bike Storage areas as shown on the
Building Plans;
(j ) as appurtenant to and for the use of the Non-residential
Units (as hereinafter defined) of the buildings in which tte same are
located, the Elect.ric/Telephone Rooms, Trash Rooms End Water Rooms
as shown on the Building Plans , except that as to .Trash Rooms, the
same are to be for the use of the Non-residential Units as follows :
LOCATION : USE BY:
Bark Emerald Bark Emerald and Bowditch
Privateer Privateer and Square Rigger
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BK 66 2 PG 1 4 5
Pickering Pickering and Wherry Row
Tancook Crescent Tancook Crescent and Hawthorne
Arbella Arbella and Derby
Gentoo Gentoo and Grand Turk
The said Declarants, as owners, reserve to themselves ,
their-successorsi assigns , lessees , and others claiming by, through
or under them, easements for the E:xclusive use of the following en-
umerated areas as indicated on the Site Plan and on the Building
Plans :
(a) The two areas marked "sitting area" adjacent to the
easterly side of "Grand Turk" building.
(b) Parking Areas marked Parking Lot A, Parking Lot B
and spaces numbered 1 through 6 in Parking Lot C.
(c) All areas marked "Reserved by Owner" .
(d) The area marked "sitting area (Reserved by owner) "
adjacent to "Bark Emerald" Building.
The said Declarants , as owners , reserve to themselves ,
their successors, assigns , lessees , and others claiming by , through
or under them, for the henefit of adjacent land used foi marina pur-
poses and other adjacent land and rights therein to be acquired, all
easements , rights and provisions contained in and referred to in a
Declaration of Covenants Conditions 'and Restrictions for Pickering
Wharf dated March 2, 1978 and recorded with Essex South District
Registry of Deeds in .Book__6449__Page 22 , and filed with the Land
Registration office of the Southern Registry District of Essex
County as Document No. 164783 , together with the right to grant ease-
ments in the common areas and facilities and to lease , let or permit
the use thereof by others, including the general public. This re-
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"zm,
BK6624 PG146
servation shall not apply to parking areas and spaces other than
Parking Lot A, Parking Lot B and spaces I through 6 in Parking Lot
C as set forth above. Such other parking areas and spaces are to
be subj ect as aforesaid to the control of the Condominium Trustees.
There is expressly excepted and excluded from the common
4�reas and facilities all docks, piers, floats, gangways, walkways,
boat slips, and all other marina installations, approaches thereto
and appurtenances thereof, now or hereafter to be constructed on and
adja"cent to the Premises and the land, water, licenses, permits, and
easements therein upon and over which .such facilities are or shall
be constructed and maintained.
The owners from time to time of each of the following
designated Units shall have as appurtenant to same, and shall be
subject to, the following:
Unit C, Wherry Row Building shall have the benefit of the
right and easement to construct, maintain and use a stairway and
corridor within Unit B, Wherry Row Building in theFareas marked
"proposed stairway" and "proposed corridor" on the Building Plans.
Unit B, Wherry Row Building shall be subject to such right and ease- 1
ment.
The Owners of each Unit shall be entitled to an undivided
interest in the common areas and facilities in the percentages set
forth in Exhibit B hereto annexed and made a part hereof.
Said comm on areas and facilities shall be .subject to the
provisions of the By-Laws of said PICKERING WHARF CONDOMINIUM TRUST, !
and to Rules and Regulations promulgated pursuant -thereto with
respect to the use and maintenance thereof.
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BK6624 PG147
5. The floor E-lans or the buildings and Units showing
hw;
the layout, location, unit numbers , and dimensions of the Units
and bearing the verified statement of a Registered Architect that
said plans fully and accurately depict the E;ame as built, are as
_Bdil-ding Plans to be recorded herewith.
shown on t�Ce
6. Encroachments . If any portion cf the common areas
and facilities now encroaches upon any Unit, or if any Unit now
encroaches upon any other Unit or upon any portion of the common
areas and facilities, or if any such encroachment shall occur here-
after as a result of (a) settling of the Buildings , or (b) alteration
-y or with the
or repair to the common areas and facilities made t.
consent of the Condominium Trustees , or (c) as a result cf repairs
or restoration of a Building or a Unit after damage by fire or other
casualty, or (d) as a result of condemnation or eminent domain pro-
ceedinos , a valid easement shall exist for such encroachment and for
stand.
the maintenance of the same so long as the Building (s)
7;s �ipegsF, 11�r2
Ducts , Conduits, Public
Utility n 'de
'Ed F
er Cg, Ilues,
_Li mmon Areas and Facl he iocatea insi
-(S'fU n i t s
Each Unit Owner shall have an easement,' in common with the- Owners
of all other- Units tc: use all pipes , wires, ducts , flues , cables ,
conduits and elements of the common areas and facilities located in
hall be
*F.: any of the other Units but serving his Unit. Each Unit s
subject to an easement in favor of the owners of all other Units to
use all pipes, wiresi . ducts , flueE , cables , conduits and elements of
the common areas and facilities located in such Unit but serving
such other Units. The, Condominium Trustees or anyone authorized by
said Trustees, shall have the right of access -to each Unit in order
to inspect the same, or to maintain , repair or replace any of the
com mon areas and facilities contained therein or Elsewhere in the
buildings or to remove any violation of any agreement or instrument
affecting the Premises.
-7-
B K 6 6 2 PG 1 4 8
8. 7he purposes for which the buildings, and . the Con-
dominium Units and other facilities are intended to be used are as
follows :
a) Each of the numbered Units (hereinafter called Resi-
dential Units-excepting and excluding Unit 8, Pri-
vateer Building-) are intended to be used solely for
single-family residence purposes , subject to the re-
strictions set forth in the following Paragraph 9,
provided, however, that such Units may be used by the
Declarants hereof for other purposes temporarily pur-
suant to provisions of,---and subject to the limitations
set forth in the following Section 8d) .
b) Each of the lettered Units (hereinafter called Non-
residential Units) and Unit C, Privateer Building is
intended to be used for any purpose allowed by ap-
plicable law, zoning law, license, permit, use reg-
ulation, or special permit, exception or variance.
c) The outdoor Farking spaces in Parking Lot D and Park-
ing Lot E are intended to be used for the parking of
duly registered private passenger automobiles of
occupants of Residential Units in the Condominium,
and not for boats, trucks , or cther vehicles or items
except with the prior written permission of the Con-
dominium Trustees. such permission, if given, may be
revoked at. any time by the Condominium Trustees .
d) As provided 4.n the foregoing Section ?a, and not
withstanding the provisions of the following Paragraph
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t
I QN1.
FNO
'110 4" 111
BK662q PG149
9 , the Declarants hereof, may , until all of said Units
have been sold by the Declarants , (a) let or lease
Units which have not been sold by the Declarants ; and
(b) use any unit owned by the Declarants as a model
-------fox display for purposes of sale or leasing of UnitE ,
or as a sales office.
9 . Said Units shall be subject to the restrictions
that, unless otherwise permitted by instrument in writing duly ex-
ecuted by the Condominium Trustees pursuant to provisions of the
By-Laws thereof , hereinafter referred to, (a) no such Residential
Unit shall be used for any purpose other than as a dwelling for one
family; (b) no business activities of any nature shall be conducted
in any such Residential Unit, except that a lawyer , physician, arch-
itect, engineer, accountant, real estate broker, business consultant,
or insurance agent, residing in any . such Residential Unit may wain-
tain therein an office for his or her personal professional use ,
but no employee or persons other than a resident of such Residential
Unit shall engage therein in any such zictivities and no such office
shall be advertised, held out or used as a place for service .to
clients, customers, or patients ; (c) no such Residential Unit Ehall
be rented, let, leased, or licensed for use or occupancy by others
than the owners thereof except to persons who shall first have
been approved in writing by, said Condominium Trustees , provided,
however, that such right of approval shall not be exercised so as
to restrict use or occupancy of Units because of race, creed, color,
national origin, or sex (approval applied for and not obtained
within one (1) week E:hall constitute approval) ; (d) the architectural
-9-
B K 6 6 2 4 P 15 0
integrity of the buildings and the Units F.hall be preserved without
modification, and to that end, unless the prior written consent of
thct Condominium Trustees shall have been obtained, no porch, deck or
yard enclosure, awning, screent ,antenna, sign, banner, or other de-
vice, and no exterior change , addition, structure, projection, de-
coration or other feature shall be erected or placed upon or attached
to any such Unit or any part thereof, no addition to or change or
replacement of any exterior light, door knocker or other exterior
hardware shall be made , and no painting, attaching of decalcomania or
other eecoration shall be done on -any exter' ior part or surface of any
Unit nor on the interior surface of any window; (e) all maintenance
and use by Unit Owners of yards , decks , closets, parking spaces ,
lights, and other facilities shall be done so as to, preserve the
appearance and character of the same and of the grounds and buildings
without modification; and (f) all use and maintenance of such units
shall be conducted in a manner consistent with the comfort and con-
venience of the occupants of other Units and i-n' accordance with pro-
visions with respect thereto from time to tire promulgated by said
Condominium Trustees.
Said restrictions shall be for the benefit cf the owners
of all the Condordnium Units and, as the persons in charge of the com-
mon areas and facilities, shall be enforceable solely by the Condo-
minium Trustees , and shall, insofar as permitted by law, be perpetual;
and to that end may be extended by said Trustees at such time or times
and in such manner as permitted or required by law for the continued
enforceability thereof. No Unit Owner shall be liable for any breach
of the provisions of this Paragraph except such-as- occur during his
BK 66 2 PG 15
or her ownership thereof.
10 . This Master Deed may be amended by an instrument in
writing (a) signed by the Owners of Units entitled to seventy-five
percent (75%)----of the undivided interests in the common areas and fa-
cilities-,---and (b) signed and acknowledged by those Trustees consti-
tuting a majority vote c.f the Condominium Trustees (as provided in
said Condominium Trust) ; and (c) duly recorded with Essex South
District Registry of Deeds, PROVIDED HOWEVER, that :
(a) The date on which any such instrument is first signed
by a Unit Owner shall be indicated thereon as the date
thereof and no such instrument shall he of any force or
effect unless the same shall have been so recorded with-
in six (6) months after such date.
(b) No instrument of amendment which alters the dimensions
of any Unit shall be of any force or effect unless the same
shall have been signed by the Owners of the Unit so altered.
(c) No instrument of amendment which alters the percentage
of the undivided interest to which any Unit is entitled in
the cormnon areas and facilities shall be of any force or
effect unless the same shall have been signed by the Owners
of all of the Units and said instrument is therein desig-
nated as an Amended Master Deed.
(d) No instrument of amendment affecting any Unit in a
man ner which impairs the -security of a first mortgage of
record thereon held by a bank or other recognized lending
institution shall be of any force or effect unless the same
shall have bee.n assented to by such holder, and
BK662 � PG152
(e) No instrument of amendment which 2.1ters this Master
Deed in anj manner which would render it contrary to 'or
inconsistent with 'any requirements or provisions of said
Chapter 183a of the General Laws of Massachusetts as from
time to time amended shall be of any force or effect.
11 . The Declarants reserve to themselves , their successors
and assigns , notwithstanding the provisions of Paragraph 10 hereof,
the right at any time prior to December 31, 1989 to amend the Master
Deed without the consent c-f any Unit Owner or Mortgagee or of anyone
claiming by, through, or under the Declarants , or their successors in
interest, so as to add to the Condominium and submit to the provisions
of General Laws Chapter 183a as from time to time amended, the
following:
(a) Phase II . The building shown on the Site Plan as
"Bark Emerald" , together with all improvements therein.
Any such Amendment shall contain with respect to Phase II
all of the particulars and plans required by General Laws ,
Chapter 183a as from time to time amended, and from and
after the recording of such Amendment with Essex South
District Registry of Deeds Pickering Wharf Condominium
shall include Phase II . The building to be included in
Phase II of the condominium will consist of one (1) build-
ing containing three stories, containing ten (10) Units ,
a total of ten (10) Units located on the Premises described
in Exhibit A. The percentageinterest of each Unit Own r
in Phase I in the common areas and facilities will decrease
to the percentage interest shown on Exhibit--B -if__PhEcse II
shall be submitted to the provisions of General Laws ,
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BK6624 PG153
Chapter 181a as from time to time amended, pursuant to this
Paragraph, and the percentage intcrest of each Unit Owner
in Phase II in the commort areas and facilities shall be as
shown on said Exhibit B.
(b) Phase III . The buildings shown on Site Plan as "Gentoo" .
and "Arbellall and the .areas shown on the Site Plan and/or
Building Plans as "Reserved For Future Construction" , and
' "Reserved For New Construction" together with all improve-
ments therein. Any such Amendment shall contain with re-
spect to Phase III all of the particulars and plans required
by General Laws , ChELpter 183a, as from time to time amended,
and from and after the recording of such Amendment with
Essex South District Registry of Deeds Pickering Wharf Condo-
minium shall include Phase III . The buildings to be in-
cluded in Phase III of the condominium will consist of two
(2) separate buildings, one containing th ree stories , and
�the other a. combined two cnd four stories " containing nine-
teen '(19) . Units , a total of nineteen (19) Unil�sl�'-located on
the Premises described in Exhibit A. The percentage I in-
terest of each Unit Owner in Phase I and Phase II in the
common -areas and facilities will decrease to the percentage
interest shown on Exhibit B if Phase III shall be submitted
to theprovisions o.f General Laws Chapter 183a , as-from
time to time amended, pursuant to this Paragraph, and the
percentage interest of each Unit Owner in Phase III in- the
common areas and facilities shall be as shown on said Ex-
hibit B.
(c) Phase IV. The land described in Exhibit C attached
hereto and made a part hereof as Union Street. Any such
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BK 66 2 q 'PG 15
0
Amendment shall contain with respect to Phase IV all of the
particulars and p�ans required by General Laws , Chapter 183a,
as from time to time amended. There will be no building nor
any Units on Phase I V. From and after the recording of such
Amendment with Essex South District Registry of Deeds, Pick-
ering Wharf Condominium shall include Phase IV. The percen-
tage interest of each Unit Owner of Phases 1, 11 and III or
any of them will be unaffected by the addition to the Condo-
minium of Phase IV.
5
12. . The Declarants further reserve to themselves , �heir
successors and assigns , as hereinafter set forth , notwithstanding the
provisions of Paragraphs 1Q. and 11. hereof the right at any time and
from time to time to amend the Master Deed, without the consent of any4
Unit Owner or Mortgagee or of anyone claiming by, through, or under the
Declarants or their successors in interest, so as to subdivide or re-
subdivide each or every lettered or Non-residential unit contained in
Phase I, Phase II anCi Phase III into smaller'-Non-residential Units in
such number of smaller Units as may be allowed by applicable law.
Upon any such division or re-division, the resulting Units shall shareA
the percentage interest in the common areas and facilities as was ap-
plicable to the Unit so divided 4n the approximate relation that the
fair value of each such smaller unit then bears to the aggregate fair
value of all such smaller Units obtained from the Unit so divided.
From and after the recording of such Amendment or Amendments with ;.4
Essex South District Registry of Deeds Pickering Wharf Condominium
shall include such smaller Units. The Declarants hereby reserve to
themselves, and each Unit owner and successor in title tc. any Unit, -Ag
by acceptance of and recording of a deed to such Unit or Ly otherwise
acquiring title thereto, hereby covenants to and does hereby irrevo-
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BK6624 PGlb5
cably constitute and appoint the Declarants true and lawful attorneys ,
T
with full power of substitution, for each such Unit Owner and succes-
sor in title to any Unit to consent to any such Amendment or Amend-
ments.A.-o-the Master-Deed, provided such consent shall be limited to
the purposes set forth in this Paragraph 12. ThE! within power of
attorney shall be and shall be deemed to be a power coupled with an
interest, for a valid consideration, and under seal . The within cov-
enant shall be and shall be deemed to be a covenant running with the
land and shall be binding upon and shall enure to the benefit of the
Declarants , the Unit Owners, and their respective heirs , successors
and assigns.
13. The Trust through which the Unit Owners will manage
and regulate the Condominium established hereby is PICKERING W HARF
CONDOMINIUM TRUST under a Declaration of Trust Cated August 3, 1979
to be recorded herewith. Said Declaration of Trust Establishes a
membershij- organization of which all Unit Owners shall be members
and in which such owners shall have a beneficial interest in pro-
portion to the percentage of undivided interest in the common areas
and facilities to which they are entitled hereunder. The
names
and addresses of the original and present Trustees thereof are as
follows :
Robert C. Bramble The Northshore Corporation
18 Washington Sq. West 206 Essex Street
Salem, MA 61970 Salem, MA 01970
Said Trust has enacted By-Laws, which are set forth in said
Declaration of Trust, pursuant to and in accordance with the pro-
visions of said Chapter 183a of the General Laws c.f Massachusetts .
14. Said PICKERING WHARF CONDOMINIUM TRUST shall have a
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BK662q PG I b6
right of first refusal with respect to all sales of Condominium
Units (except the initial sal'es thereof by the Declarants) , and to
that end no Owner of any unit shall sell or convey the same to any
person other than a spouse or child of such Owner unless (1) said
Owner shall have received a bona fide offer to purchase the same;
(2) said owner shall have given the Condominium Trustees written no-
tice stating the name and address of the offeror and the terms and
conditions of said offer and the encumbrances subject to which the Unit
is to be conveyed, and containing-ari'-offer' by said Unit owner to sell
said Unit to the Condominium Trustees on the same terms and conditions
as said bona fide offer; and (3) said Condominium -Trustees shall not
within thirty (30) days after the giving of such notice have given
said owner written notice of the elect-ion of said Trustees to pur-
chase said Unit in accordance with said offer. In the event that
said Trustees shall so elect to purchase , a deed shall be delivered
and the consideration paid at Essex South District Registry of Deeds
at 11 o ' clock a.m. on the thirtieth day after the date of the aiving
4
of such notice of election to purchase. In the event that said
Trustees shall not so elect to purchase, then said owner shall be
free thereafter to sell and convey said Unit to the offeror named in
said owner' s notice at a price not lower than that specified therein
but said Owner shall not sell or convey said Unit to any other person
or at any lower price without again offering the same to said Trust-
ees. The provisions of this paragraph shall not be construed to
41
apply to bona fide mortgages of any Unit or to sale or other pro-
ceedings for the foreclosurE thE:reof . For purpo-s—esof ihi§--paral
graph 14 , a lease or tenancy or occupancy agreemen,t for a term of
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BK6624 PG
157
more than five (5) years shall be deemed to be a sale, and said
Condominium Trustees shall have a right of first refusal with re-
spect to any such lease , tenancy or occupancy, exercisable in the
manner aforesaid insofar as applicable. The rights of first refusal
hereunder shall not be exercised so as to restrict cwnership, use, or
occupancy of units because of race , creed, color, national origin, or
sex. No Unit Owner shall be liable for any breach of the provisions
of this paragraph except such as occur during his or her ownership
thereof. The Trustees may, in any particular instance (s) waive the
requirements of this Paragraph 14 .
15. The Units and the common areas and facilities , and
the Unit Owners and Condominium Trustees shall have the benefit of
and be subject to the provisions of said Chapter 183a of the General
Laws of Massachusetts, as from time to time amended, and in all re-
spects not specified in this Master- Deed or in E;aid Declaration of
Trust of PICHERING WHARF CONDOMINIUM TRUST and the By-Laws set forth
therei n, shall be governed by provisions of said Chapter 183a as from
time to time amended, in their relation to each other and to the
Condominium established hereby, including, without limitation, pro-
visions thereof with respect to improvements and rebuilding of common
areas and facilities, apd .with respect to removal of the Condominium
premises or any portion thereof from the provisions of said Chapter
183a.
16� The following provisions shall apply to mortgages of
one or more Condominium Units :
(a) A first mortgagee at his request shall be entitled
to written notification from the Condominium Trustees of
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BK6624 PG158
any default by the mortgagor of such unit in the perfor-
mance of such mortgagor' s obligations under the Condominium
documents which "is not cured within thirty (30) days.
(b) Any first mortcl,agee who comes into possession of the
Unit pursuant to the remedies provided in the mortgage, or
foreclosure of the mortgage, or Ceed or assignment in lieu
of foreclosure, shall be exempt from any right of first
4
refusal.
(c) Any first mortgagee who comes into possession of the
Unit pursuant to the remedies provided in the mortgagd, fore-
closure of the mortgage, or deed or assignment in lieu of
foreclosure, shall take the property free of any claims for
unpaid assessments or charges against the mortgaged Unit
which accrue prior to the time such holder comes into pos-
session of the Unit (except for claims for a pro-rata share
of such assessments or charges resulting from a pro-rata
re-allocation of such assessment cr charges to all Units
including the mortgaged Unit) .
(d) Unless at least one hundred (100%) per cent of the
first mortgagees (based upon one vote for each first mort-
gage owned) of Condominium Units shall have given their
prior written approval , the Condominium owners shall not be
entitled to:
(1) by act or omission, seek to abandon or terminate the
Condominium regime;
(2) change the pro-rata interest or obligations of any
Condominium Unit for (i) purposes--of levying assess-
-18-
BK 6 6 2 4 PG i
ments or charges or allocating distributions of hazard
insurance proceeds or condemnation awards and for (ii)
determining the pro-rata share of ownership of each
Unit in appurtenant real estate and any improvements
thereon which are owned by the Unit Owners in the
Condominium project in undivided pro-rata interests
(common areas ane facilities ) .
_____—(-3)--partition or subdivide any Condominium unit, except
as hereinabove provided.
(4) by act or omission, seek to abandon , partition, sub-
divide, encumber , sell , or transfer the common areas
and facilities. The c:ranting of easements for public
utilities or for other purposes consistent with the
intended use of the common areas and facilities by
the Condominium project Ehall not be deemed a transfer
within the meaning of this clause.
(5) use hazard insurance proceeds for losses to any Condo-
minium property (whether to Units or to common areas
and facilities) for other than the repair, replacement
or reconstruction of such improvements , except as pro-
vi,ded by statute in case of substantial loss as to the
Units and/or common areas and facilities of the Condo-
r-minium prcjec:t.
(e) First mortgagees shall have the right to examine the
books and records-7bf t-he Condominium Trust or the Condominium
project..
(f) No Condominium Unit Owner, or any other party, shall
have priority over any rights of first mortgagees of Condo-
minium Units pursuant to their mortgages in the case of a
distribution to the Condominium Unit owners of insurance
proceeds or condemnEtion awards for losses to or a taking
of Condominium Units and/or common areas End facilities .
17 . All terms and expressions herein used which are
defined in Section 1 of said Chapter 283a , as from time to time
amended, shall have the same neaning herein as set forth in said
Section 1.
BK6624 PG160
'SIGNED AND SEALED the day and year first above
written.
TPUSTE/ES F HERITAGE TRU II
U
..... .....
By: Zelc
ry Addesse, Tr stee
By
C. Bramble, TTITS—tee
B
YA2'
Arthur A Collins, rus teq,�j
THE NORTHSHORE CORPORATION,. Trus tl��
X
By
-Th—oma hard, Vice President
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. August 3, 1979
Then personally appeared the above-named Henry D. Audesse,
Robert C. Bramble, and Arthur A. Collins , Trustees as aforesaid and
acknowledged the foregoing instrument to be their free act ane, deed
before me,
14;
Notary Public .. ;
LUty W. PLUNKL-rr.
NotarY PLI)IiC
COMMONWEALTH OF MA S SAC HU SIM%2mm"""m"PlAm 0L1L 18. 1 M
Essex, ss. August 3, 1979
Then personally appeared the ahove-named Thomas M. Leonard,
Vice-President as aforesaid, and acknowledged the foregoing instrument"
to be the free act and deed of THE NORTHSHORE CORPORATION, before met
i Notary Public
J
".a
0II o;. _V
-21-
Otazy Public
My COMMIvion 4�pjrw
004 14 TqPW
BK662 � PGISI
EXHIBIT A
A parcel of land situated in Salem, County of Essex, Commonwealth
of Massachusetts bounded and descrihed as follows :
Beginning at a point in the Southerly Sideline of Derby Street
and the Easterly Sideline of Union Street,
Thence, running N76'- 201 - 57"E, 197 . 35 feet by the Southerly Sideline
of Derby Street tc a point;
Thence, SOSO- 471 - 09"E, 145. 81 feet by land of the National Park
Service (Department of the Interior) to a point;
Thence, Sll' - 041 - 3811E, 120. 21 feet to a point;
Thence, S860- 231 - 5411W, 14 . 81 feet by the South River to a point;
Thence, SW- 041 - 28"W, 8. 86 feet to a point;
Thence, S87'- 591 - 0211W, 46. 54 feet to a point;
Thence, S08'- 481 - 09"E, 27 . 41 feet to a point;
Thence, S05'- 08' - 39"E, 31. 04 feet to a point;
Thence, N741 - 561 - 5711E, 1.28 feet to a point;
Thence, S090- 361 - 48"E, 63. 18 feet to a point;
Thence,. S040 - 131 - 4411W, 55 . 06 feet tc a point;
Thence," S32-1- 241 - 0611E, 38 . 34 feet to a point;
Thence, S820-"* 441 -' 30"E, 9.64 feet to a point;
Thence,� SOV�- 35 � - `16"W, 19. 57 feet to a point;
Thence, S09'--; '131 - 3811W, 28. 84 feet to a point;
jll�
Thence,. Slln- 371 - 5-111W, 31. 00 feet to a point;
Thence,� S13' - 50 ' - 42"W, 67. 80 feet to a point;
Thence, N761- 511 - 4211W, 12. 13 feet to a point;
Thence" S12'- 151 - 51"W, 27 .67 feet to a point;
Thehce,-: N68,'- 191 -w 1311W, 66. 63 feet to a point;
Thence, N62*- 511 03"WI 44 . 84 feet to a point;
Thence.- N65'- 281 -531'W, 110. 24 feet to a point;
Thence , , N66 40' 23"Wr 49. 78 feet/to a point;
Thence, N18'-- 341 53"E, 13.45 feet to a point;
Thence, NW-' 531 7 34"W, 37. 34 feet to a point;
Thence, N63'- 161 - 17"W, 79 . 28 feet to a point;
Thence, N04'- 051 - 34"E, 34 .46 feet to a point;
Thence, NOl' - 011 - 00"E,-.-89, 76-- feet to a point;
Thence, N86 181 - 4011W, 26 . 94 feet tc a point, all by the South River;
Thence, NO2a- 171 - 38"E, 59. 86 feet by land now or formerly of John H.
Simonds� to a point;
Thence, NOlo - 451 -�48"E, 1.54 feet to a point;
Thence, N84'- 231 - 03"W, 169. 38 feet still by land now or former-
ly of Simonds to a point;
0
Thence, NO3 - 451 - 03"E, 190. 97 feet along the Easterly Sideline
of Congress Street to a point;
B K 6 6 2 1 P G 1 6 2
Thence, S86 171 49"E, 122 . 03 feet by land of Naumkeag Trust
Company to a point;
Thence, NOV- 28 ' - 46"E, 34 . 66 leet by landt of said Naumkeag Trust
Company to a point;
Thence, N87"- 461 - 01"W, 1. 95 feet by land of said Naumkeag Trust
Company to a point;
Thence , NO2'1- 451 - 08"E, 60 . 33 feet by land of said Naumkeag Trust
Company to a point; I
Thence, S76'- 131 - 33"E, 133 . 63 feet along the Southerly Sideline
of Derby Street to a spike set.
Thence , S02"- 371 - 1611w, 113 . 01 feet h,y land now or formerly
Josephine Fabiszewski and Mary Wladyslaw and 'land now or
formerly of St. Nicholas Russian Benefit Society Inc. to a
stake and nail set;
Thence, S87"- 071 - 05"E, 58 .41 feet to a point;
Thence , S02'- 27 ' - 40"W, 72. 98 feet along the -Westerly Sideline of
. Union Street to a point;
Thence , S87 '- 321 - 20"E, 40. 00 feet to a drill hole set;
Thence, NO2'1- 27 ' - 40"E, 167. 55 feet along the Easterly Sidel�ne of
Union Street to the point of heginning.
Said parcel of land is shown on the Site Plan refer red to in
the Master Deed to be recorded herewith.
There is included in the parcel to be submitted to the pro-
visions of General Laws, Chapter 183a , as amended, by said Master
Deed, the parcels shown on said Site Plan as Area "A" , Area "B" and
Area "C" .
There is expressly reserved , excepted and excluded from the
land above described all right, title and interest in and to the
South River as shown on the Site Plan and any and all right of
access thereto or egress therefrom.
The said premises are subject to and have the benefit of the
following, insofar as the same are in force and applicable:
-2-
BK 6 6 2 1 PG 1 6 3
1. Notice of variance granted by City of Salem, Board of
Appeals dated October 19 , 1976 , recorded with said Deeds in
Book 6305 , Page 236 and filed as Land Court Document No. 159682.
2. Rights of City of Salem in and to the sewer located
approximately as shown on Land Court Plan No.. 12635A, a copy Of
which is filed with Essex South Registry District cf the land
Court, with Certificate of Title No. 7440, referred to in Certifi-
cate of Title No. 46732.
- - --3.--__Easement agreement between Naumkeag Trust Company and
Henry D. Audesse, et al , Trustees , dated I-lay 10 , 1977 , recorded
with said Deeds in Book 6347, Page 408 .
4 . Special permit cranted by City of Salem, recorded with
said Deeds in Book 6372, Page 120 and Book 6411 , Page 567 .
5 . order of conditions issued by the City of Salem Conser-
vation Commission recorded with said Deeds in Book 64,�4 , Page 452 .
6 . Declaration of Covenants, Conditions and Restricticns
for Pickering Wharf executed by the Trustees of Heritage Trust II ,
dated March 2, 1978 , recorded with said Deeds in Book 6449, Page 22 ,
filed with said Land Court District. as Document No. 164783 .
8. Easement from Trustees of Heritage Trust II to New
England Telephone and Telegraph Company, dated may 28 , 1978 , record-
ed with said Deeds in Book 6473, Page 674 and filed as Land Court
Document No. 165745.
9. License� No. 438 granted by the Commonwealth of Massachusetts ,
, Department ol Environmental Quality Engineering, dated April 5, 1978 ,
and filed as Land Court Document No. 165290.
10. Provisions of Agreement dated Juzie 1, 1976 between the
City of Salem and Heritage Trust, Notice of which Agreement is
recorded with said Deeds in Book 6245, page 201 and filed as Land
Court Document No. 157357.
11. Termsand provisions of ]:ease in which Trustees of Heritage
Trust Il: are- the landlords and Putnam Limited, No. 1 is the tenant., .
Notice of which lease is dated June 7 , 1978 and recorded with said
Deeds in Book 6483, Page 70.
12. Title to and i:-ight�s of the public and others entitled
thereto, if any, in and to those portions of the Premises lying with-
in the bounds of Derby Street, Union Street and belcw the mean hi(jh
water mark of the-South River.
13 . Mortgage from Henry D. Audesse , Robeit C. Bramble , Arthur
A. Collins , and The Northshore Corporation, as TruStEes of Heritage
Trust II, to New England Merchants National Bank in the original
princIpal amount of $850 , 000. 00 dated March 2, 1978 , recorded with
Essex South District Registry of Deeds in Bool 6449, Page 28 , which
mortgage was assigned to the Salem Five Cents Savings Bank by
-3-
8KbbZq PG164
assignment dated July 14 , 1978 and recorded with said Deeds in
Book 6495, Page 204 , and easement concerning covered walkway con-'
tained therein.
14 . Conditional Assignment from Trustees of Heritage t Trust
II to New England Merchants National Bank, dated March 2 1978,
recorded with said Deeds in Book 6449 , Page 38, which Con'ditional
Assignment was assigned to the Salem Five Cents Savings Bank by
assignment dated July 14 , 1978 and recorded with said Deeds in
Book 6495, Page '04 .
15. U.C.C. Financing Statement from Trustees of Heritage
Trust II to New England MerchantsNational Bank, recorded with said
Deeds in Book 6449 , Page 43 , which Financing Statement was assigned
to Salem Five Cents Savings Bank by Assignment dated July 14 , 1978
and recorded with said Deeds in Book 6495 , Page 204.
16. Mortgage from Henry D. Audesse, Robert C. Bramble,
Arthur A. Collins and The Northshore Corporation, as Trustees of
Heritage Trust II , to New England Merchants National Bank in the
original principal amount of $600, 000. 00 dated March 2, 1978 ,
recorded with Essex South District Registry of Deeds in Book 6449 ,
Page 47, filed with Essex South Registry District of the Land Court
as Document No. 164784 , which mortgage was assigned to Salem Five
Cents Savings Bank by assignment dated Rb-vem�er 7, 1978 and %
recorded with said Deeds in Book 6541, Page 653 and filed as Land
Court. Document No. ,168308 .
17 . Conditional Assignment from Trustees of Heritage Trust
II to New England Merchants National Bank, dated March 2, 1978 ,
recorded with said Deeds in Book 6449 , Page 57, and filed with
said Land Court District as Document No. 164781 , which Assignment
was assigned to Salem Five Cents Savings Bank by assignment dated
November 7, 1978 and recorded with said Deeds in Book 6541, Page 653
and filed as Land Court Document No. 168308 .
18 . U.C.C. Financing Statement from Trustees of Heritage
Trust II to New England Merchants National Bank, recorded with said
Deeds in Book 6449 , Page F2 , filed as Land Court Document No.
.164786, which Financing Statement uas assigned to Salem Five Cents
Savings Bank by assignment dated Nol,ember 7, 1978 and recorded
with said Deeds in Book 6541, Page 653 and filed as Land Court
Document No. 168308.
19. Mortgage from Henry D. Audesse, Robert C. Bramble,
Arthur A. Collins arid The Northshore Corporation as Trustees of
Heritage Trust II to New England Merchants National Bank in the
original principal amount of five-million-two--hundred-tholisand
($5 , 200, 000. 00) dollars, dated March 1, 1979 , recorded with
Essex South Registry District of Deeds in Book 6569, Page 252 ,
and filed as Land Court Document No. 169399 .
20 . mortgage from Henry D. Audesse, Robert C. Bramble,
Arthur A. Collins and The Northshore corporation as trustees of
Heritage Trust II to The Northshore corporation dated--July-l6,______ ,
1979, recorded with Essex South Distrist Registry of--Deeds in
Book 6613, Page 276, and filed as Land Court Document No. 171124 ,.
which said mortgage was assigned to the Salem Five Cents Savings
Bank by assignment dated July 16 , 1979 and recorded with said
Deeds in Book 6613 , Page 281, and filed as Land Court Document
No. 171125 .
21 . Mortgage from Henry D . Audesse, Robert C . Bramble,
Arthur A. Collins and The Northshore Corporation as Trustees of
Heritage Trust II to The Northshore Corporation dated August 20, 1979
and recorded with Essex South District Registry of Deeds herewith
and filed with the Land Registration Office for the Southern Registry
District of Essex County, which said mortgage was assigned to the
Salem Five Cents Savings__ Bank by Assignment dated August '20, 1979 ,
recorded herewith, and fi�led with said Land Registration office.
BK66 2 � FIG 1 65
EXHIBIT B
PERCENTAGE INTEREST
ILDING UNIT NO.OF ROOMS PHASE I PHASE II PHASE III
ark Emerald A 3 2 . 9097 2 * 4095
.Bark Emerald B 4 2 . 1825 1 . 9073
I 3ark Emerald 1 4 6994 . 5791
B, ark Emerald ------------ 2 5 . 7548 .9 . 6250
ark Emerald 3 5
. 6692 . 5542
'Bark Emerald 4 6 . 9007 7458
Bark Emerald 5 4 . 5988 . 4959
ark Emerald 6 5 . 7548 . 6250
ark Emerald 7 5 . 6692 . 5542
Bark Emerald 8 27,0o� 6 8755 7250
'privateer A 3 3. 6002 3. 2036 2 . 6529
privateer 1 5 . 8764 . 7799 . 6458
rivateer 2 4 . 8199 . 7296 . 6041
rivateer 3 5 1 . 1252 1. 0013 . 8291
rivateer 12.-Iq-19 4 R1,000 5 . 9612 . 8554 . 7083
.privateer I Z_- -1-1 5 0,000 5 . 7633 . 6793 . 5625
rivateer 1 z-1-1- 7 6 (,�001) 3 . 8481 . 7548 . 6250
rivateer 7 4 . 6219 . 5535 . 45B4
rivateer 8 4 B425 . 7497 . 6208
ivateer It-14-1? 9 (.(,,000 4 . 7068 6290 . 5209
ickering -A 6 3 . 4745 3. 0918 2 . 5602
Pickering B 7
I Pickering C 9 3. 3192 2 . 9536 2 . 4459
2 . 9154 2 . 5943 2 . 1483
herry Row A 4 2 . 6522 2 . 3601 . 1. 9544
herry Row IB 7 2 . 4395 2 . 1708 1. 7976
Wherry Row C 2 1. 2478 1 . 1104 . 9195
quare Rigger 2. 4728 2 . 2004 1 . 8221
.square Rigger ti-16-71 1 0,501 4 . 7690 . 6843 . 5666
square Rigger 2 4 . 84B1 . 7548 . 6250
square Rigger 3
_5 . 8821 . 7849 . 6500
,Square Rigger 11-114-11 4 6,1^0 . 9726 . 8654 . 7166
'��Bowditch A 3 3. 2681 2 . 9081 2 . 4082
Bowditch 1 5 . 7464 . 6642 . 5501
Bowditch /I j 2 6 . 9556 . 8504 7 0 4
Bowditch q 3 5-&S'00 4 . 6446 . 5736 . 4751
Bowditch 1?-"1 4 0,500 4 . 7068 . 6290 . 5209
B K 6 6 2
PERCENTAGE INTEREST
BUILDING UNIT NO. OF ROOMS PHASE I PHASE Il PHASE III
Tancook Crescent A 2 4 . 8548 4. 3199 3. 5773
Tancook Crescent B 3 2 . 8345 2. 5223 2 .0887
Tancook Crescent C 6 2 . 3178 2. 0625 1. 7079
Hawthorne A
Hawthorne B 5 2 . 2551 2. 0067 1 . 6617
5 1 . 7573 1. 5637 1. 2949
Hawthorne C 2 1 . 2340 1 . 0980 . 9093
Arbella A 3
Arbella B 1. 2628
Arbella 3 1. 3621
5 . 5584
Arbella 2 5
Arbella 3 5 . 5584
Arbella 4 5 . 6000
Arbella . 5 1 . 6000
Arbella 6 D . 6208
Arbella 7 5 . 6208
Arbella 5 % . 6250
8 5 . 6250
Gentoo A 2
Gentoo 1. 1653
dentoo B 2 3. 6888
C 6 1 . 7788
K ,Gentoo 1 , 5
Gentoo 2 4 . 5625
Gentoo 3 4 . 4792
Gentoo . 4584
4 5
Gentoo 5 5 . 6041
Gentoo 6 4 . 5417
. 4792
Grand Turk A 4 4 . 4377 3. 9489 3. 2700
Grand Turk B 1 8. 6311 7 . 6804 6. 3601
Grand Turk 1 5 . 7973 . 7095 . 5875
Grand Turk 2 6 1 . 0122 . 9007 . 7458
Grand Turk /-o- 3 GqqoO 5 . 7577
Grand Turk 4 5 . 6742 . 5583
Grand Turk 11-10-11 5 ( 0,500 4 . 8991 . 8000 . 6625
. 6842 . 6088 . 5042
Grand Turk f Z-11j-7 1 6 -7cj,500 5
. 8991 . 8000 . 6625
Grand Turk 7 4 . 7068 . 6290 . 5209
Grand Turk 8 5 -
. 8764 . 7799 . 6458
Grand Turk 9 5 . 8425 . 7497 . 6208
Grand Turk . 10 6 1 . 0122 . 9007 . 7458
Grand Turk 11 5 . 9443 . 8403 . 6958
Grand Turk 12 4 - 4�r
. 7860 . 6994 . 5791
Grand Turk 13 7 9,S'00 6 . 8991 . 8000 . 6625
Grand Turk 14 4 . 7634 . 6793 . 5625
Grand Turk iz-2-1-79 15 138,00' 9
1. 6963 1. 5095 1. 2500
Derby
PA Derby A 8 14 . 7616-- --...iTj3 6-10-. 8775
B 13 3 . 8593 3. 4342, 2. 8439
TOTALS 100. 0000 100 . 0000 100. 0000
PG 1 67
BK6624
EXHIBIT C
A parcel of land situated in Salem, County of Essex,
Commonwealth of Massachusetts boundedand described as follows :
-ri—g--at a spike set at the Westerly Sideline of Union
Beginni
sty.eet on the Southerly Sideline of Derby Street, being the North-
east corner of land now or formerly of Josephine Fabiszewski and
Mary Wladyslaw,
Thence , running SW- 27 ' - 40"W, 174 . 80 feet h-y land of said
Fabiszewski and Wladyslaw, land now or formerly of St.
Nicholas Russian Benefit Society, Inc. , and land of Heritage
Trust II , to a stake and nail set;
Thence , S87'- 3V - 20"E, 40. 00 feet by land of said Heritage Trust
II , to a drill hole set;
Thence, NO2�- 27 ' - 40"E, 167 .55 feet by land of said Heritage
Trust II, to a stake and nail set at the Easterly Sideline of
Derby Street;
Thence, S76*- 20 ' - 57"W, 1. 58 feet to a point; of beginning;
- 13' - 33"W, 39. 24 feet to the point
Thence, N766
meaning to describe that portion of Union Street located south
of Derby Street, being a way, 40 feet wide ; containing 6831 square
feet, and being shown on the Site Plan referred to in tte Master
Deed to be recorded herewith.
ESSEX Ss. RECORDED 1971--ZAL IIAST_7_--�LAd. INST. # 6�
135
B K 6 6 2
Faqu AS mc., Not. 71`6 0
HENRY D. AUDESSEr ROBERT C. BRAMBLE and ARTHUR A. COLLINS and THE NORTH- /' �779
SHORE CORPORATION, TRUSTEES OF HERITAGE TRUST II, under a Declaration of
Trust dated March 11, 1977, recorded with Essex South District Registry
of Deeds, Book 6331 Page 610 and filed as Document No. 160662 with the
Land Registration ' Office for the Southern District of Essex County (herein-
after called Borrower) , 'for consideration paid, grant to THE NORTHSHORE
CORPORATION, a Massachusetts corDoration having its usual place of business
, at 206 Essex Street, Salem, Esse-x County, Massachusetts, with MORTGAGE
COVENANTS to secure the payment of FIVE HUNDRED THOUSAND DOLLARS--------
($500, 000.bo) as provided in a note of even date, 'the land in Salem,
Essex County and Co,-pmonwealth of Massachusetts.
SEE EXHIBIT "A" ATTACHED HERETO
' This mortgage is upon the statutory condition ,for any breach of which
.the mortgagee -shall -have the statutory power pf sale.
This`m6rtgage, is' subject to a certain mortgage dated March 1, 1979 from
,the mortgagor to New England Merchants National Bank recorded with Essex
�South District Registry of Deeds, Book 6569 Page 252 and filed with Essex
County Registry District ol- the' Land Court as Document No. 169399, noted
,-on Certificate of Title No. 46732, and to any and all advances made and
to be made .thereunder.
This ,mortgage:!is' aiso subject to a mortgage to New England Merchants
National ,Bank"date'd .March. 2, 1978 recorded with Essex South District:
Registry of _D6eds"Book 6449 Page 28 , which said mortgage was assigned
.-,to Salem Fi.ve..:Cents Savings Bank on July 14 , 1978 and is subject to a
,mortgage tc.`Nbw,'-Erigland Merchants National Bank dated March 2, 1978
.-and 'record id- i -Is
e 1w th- aid Registry in Book 6449. Page 47 and filed with the
,,.Land'-Registration :Office of the South Registry District of Essex County
as Document' No, 164784 , which said mortgage was assigned to Salem Five
Cents". Savinj'6- 13ank
�on November 17, 1970 .
Thl' subject to a mortgage from Henry D. Audesse,
,Robert C .� '.,Brarable' Arthur A. Collins and The Northshore Corporation as
Trustbes 'off.1fe�ritage ,Trust Il to The Northshore Corporation dated July 16,
,1197§i, �reco�'r�d(id "with* Essex South District Registry of Deeds in Book 6613
'Page 276 Arid�_-filed' as Land Court Document No. 171124 , which said mortgage
was assigned,�to .the Salem Five Cents Savings Bank by assignment dated
,' July16, 1979'�znd�.recorded with said Deeds in Book 6613 Page 281, and "
L-a'nd,Court Document No. 17�125. '
WITNESS WHEREOF, ,
Bor-rower has executed this Mortgage under
2is' 4�2-Ot ..day -of, Aug ust, 1979 .
HERITAG TRUST II
By:
en D. Au ustee
B
�0
amble, Trustee
By:
Arthur A/Collins, -Trustee
/THE NORT11SHORE CORPORATION, Trustee
By:
Thomas M. L onar�l Vice PresiEent
BK 6 6 2 4 PG 1 3 6
COMMONWEALTH OF MASSACHUSETTS
Essex ss . August 20, 1979
Then personally appeared the above-named Henry D. Audesse,
Robert C . Bramble and Arthur A. Collins, Trustees, and acknowledged
the foregoing instrument to be their free act and deed, before me,
Notary(Public A
My commission expires: ,AkRy PLUNXI�TX
Notary I)Utjuc
1979
COI-UIONWEALTII OF MASSACHUSETTS
Essex, ss .
August 20, 1979
Then personally appeared the above-named Thomas M. Leonard, Vice
President, and acknowledged the foregoing instrument to be the free
act and deed of The Northshore Corporation, Trustee, before me,
Notary fublic
My commission expires:
13tUZJ(y "'.
Notary pubuc
MY comxj-�ion
BK6624 PG137
Commonwealth of Massa-
The land in Salem, County of Essex ,
ts , bou.nded and described as follows :
chuset
PARCEL ONE
3d SaLem , with -he buildings thereon , bounded
The land in sal
and described as follows :
( 5 ) inches ;
V.�ESTEP-LY by- Union Street about ( 103 ) - feet ,
b Derby Street , about ( 55) -feet , ( 9 ) inches ;
NORTHERLY , y
feet ,
EASq,ERLY by Wharf Stieet , so_ca ] j ,,m!d , about ( 13S)
(9) inches ; arid
of )�imball about ( 55)
SOUTHERLY by land now or formerly
feet.
PARCEL TWO
follows :
The land in said Salem, bouijded and described as j
-eet ,
NORTHERLY by Derby Stj ( 93 . 08) feet ;
�-.TE�,'I'ERLY by land now or lormerly of Hav;thorne Garage ,
(132 * 16 ) feet. ;
SOUTHERLY by land of PicRerang oil. Heat , Inc - ( B7 . 40 )
feet ; ana
EASTERLY by land now or fOrMerly of St . Nicholas Russ3an
Benefit Socdeiy , Inc . and by land now or Icy -
merly of Fali3szewsRi and Duda , ( 133 . 5 ) feet .
JA)�Cl
PARCEL THREE
and
NORTHERLY by land now oi formerly of PanRo Sha3uk ,
by land now or formerly of St . Nicb0las Russien
feet ;
Benefit Society , Inc . (313 . 81 )
-r3y tile Hawthorne Garace
WESTERLY by land now or JOrITIL of
and by land now or formerly of John H . Symonds ,
(74 . 65 ) feet ;
SOUTHERLY by land of Pic),eri�nq oil Heat , Inc . about ( ) 00 . 2 )
feet ;
SOUTP-
EASTERLY by land of PicRer3nq Oil Beat , Inc . alDiDut ( 3 . � ) Ife,
SOUTHERLY by 3and , of )�_ic),erinq Oil Heat , Inc . ( 8 . 17 ) Ject ; a�
EASTEPLY by land of P3c�, erinq oil Beat , Inc . ( 71 . 5)
containing 8420 sooare feet of land , more or less , accoyeino to
? -Plan of Land of--Pan)%o Sha2uk , Salem, Nass . Jan-oary 10, 330 ,
A. Appleton, C. E . " recorded with Essex South District
of Deeds .
PARCEL FOUR
'rhe 3and in Salem, County of Essex , CoT-,G-.ionwr= aa '1h of !-,aFScir))vSet1
ljuunded and described as follovs -_-
�,,�.STER_LY by Union S'Ljeet , ( 73 - 45) feet ;
sOUTHERLY by land j;ow or formerly of iienry C _ Batchc) (Icr
( 33 - 10 ) feet ;
1.1-ESTERLY by ] arid and Ilats rjow or lormerly supposed to
belong to !,6wL. rd C . T_i2t. t3s ( -) ,I _ 4S ) feet ; and
14 0 RTH E R1_Y by land Tiow or formerly of Yolleg0l)(5a Smith ( 32 )
feet-
BK6624 PG138
determined by the Court to be locatt
Ali of said boundaries are Chas._ A . Metcal
numbered 2501-A , drawn by
odified and
as nown upon plan approved by
dated April 1909 , as m a copy of a
civil Engineer , tion Official
the Court , filed in the Land Registra cate of Title
. inal Certifi
h is filed with orig
portion of wnic of Dee8s �
- 576 in Essex South District Registry
PARCEL FIVE
d described as follows :
d Salem, bounded an
The land in sal
Street , (121 ! 50) feet;
by Derby Lane and
NORTIiERLY jar)d now .. formerly of George end
by River , the iQortherlY
EASTERLY by the waters of South ed .(145 . 83) feet on the
of which boundary mar), b
ned , is fixed and esta
plan hereinafter mentio
-he earth ' s surface ;
lished upon
SOU1,HERLY
EASTERLY
SOUTHERLY
and
WESTERLY South River ; and
SOUTHERLY by B . symonas
by lands Dow Or formerly of John
V,'ESTERLY o f Hawthorne Garaqe , Inc . , measuring on the up-
land ( 139 . 15 ) feet ;
NORTHERLY ( 106 - 271 ) fee/t , and
f Pau)l;O
IQC)RTH- land now Or formerly 0
( 6 . 09 ) feet by
WESTERLY I y
sbal uh ; er
by said Shaluk land and by land now Or form
Lena Rosenbloom ( 34 , 62) feet7
of
by Union . Street (1 . 54 ) leet ;
EP.STERLY said Street ( 40) feet ;
by the end of Un' on - 20 ) feet ;
( 63
WESTERLY by said UnioT1 street Robacyews"
by land now or formerly of mary _ v . 0
street (_79 - _, ) .feet ; and
14ORTHERLY and by the end of 1-.1harf
by said Wharf street (125 . 62) feet.
WESU'ERLY lines are determined
All .of said boundaries , except the water �unbered 12635-All
. to be located as shown upon plan ember 7 , * 1927 , PSI
by the Court dated Dec �. I
drawn by Arthur J - Bart.yl surveyor , i3ed in '.he Land Regis""at i
y the Court , original
modified and approved b tion Of which is filed witb
Office , a copy of 21 por zo in said Registry .
ertificate of -Title
C plication of law
the above described 3 and as by IM. sbci
So much Of the abutting waNI's as
with in -be limit-S of lawfully
is included oh-s of all persons
on said plan is subjecill- to the X p;�.RCEL FIVE ONLY)
entitled in and over the same - in cauaed within the
so much oil the above described land as is South
City Of Salem
'3 0 running -Ox i me't
limits of a cer ain sell,�er of the - reet and caed
h of U lion s , all Of SaIC
from zhe end _3
L -_11 a-1
n said plan , is subject to e of cl de'
as srlo,.,n o ; stino a ,
City to -,,. 1r,tain t-be same as said land and dt
tier by
ts of said City Of enter unosewer , whet
and to the liqb conrill �itb said
all llec�!llsary worR in erwise . FIVF ONLY )
way 0� repa; rs or ozy) ibed land the right t
; , oourteriant to t1le above i3esc! e- th e i e t C
Tnere - - I h U'rie r 5 ntit) ed
use -said Vrnarf S-ul eet in c0l":Don w' 0'
see Certificate of Title
to parcels Four &Dd 7- Nle ' . the Land
�or ti ,12e lr, ct Req � str�, O�
sex South Das ,
46732 fill
C 0)".r t .
::vl
I&
LM
BK6624 PG i 9
PARCEL SIX
The land in said Salem, together with the buildings ther�on in
said Salem, boun'ded and described as follows :
Beginning on Derby Street at land now or late of the Atlantic
Refining Company, and thence running
EASTERLY by Derby Street 42 . 50 feet to land now or late of
Shaluk ; thence turning and running
SOUTHERLY -by said land ijow or late of Shaluk , 207 . 63 feet
to land now or late of Symonds; thence turning
and running
WESTERLY by said land of Symonds 166 . 56 feet to Congress
Street ; thence turning and runninq
NORTHERLY by Congress Street 120 feet to land of the Atlan-
tic Refinina Company; thence tUI:Tjir)9 and running
1)* EASTERLY by said lan � of the Atlantic Refining Company
122 . 16 feet; thence turning ai�d )�unnjng
NORTHERLY by said land of the Atlantic Refining Company
34 . 70 feet; 'thence turning and running
WESTERLY 2 feet; thence turning and running
NORTHERLY again by said ] and of the Atlantic Refining
Company- 60. 30 feet to Derby Street and the point
begun at.
Containing 23, 557 square feet and being the same premises shown
on a plan entitled "Land of John H . Syuionds , Salem, Mass . , 2,1arch
1925, Thomas A . Appleton C . E . " iecorded with Essex South District
Registry of Deeds, Book of Plans 42 , Plan 2-)-C .
PARCEL -SE-VEN
The land in said Salem, 3ocaLL-d on Congress Street, bounded and
described as follows:
WESTERLY on Congress Street , seventy-one ( 71) feet , more
or less ;
SOUTHERLY by land now or 3ate- of Hanson , on the I �ne of the
wire fence as now established , one hundred sixty-
six (166) feet , more or less ;
EASTERLY by land now or formerly of Guoige W. Pickering
Company, on t)ie line of 'the wire fence as now
established , -seventy-sevLn ( 77) feet, more or
less; and
NORTHERLY by land now or formerly of NaLunkeag Trust Company
being Parcel six above described , one hundred siNtY_
six and 68/100 ( 166 . 6B) feet, wore or less .
For title to Parcels Six and Seven , see deed from Naumkepg Trust
Company recorded with Essex South District Recistry of Deeds , Book
6347 , Paoe 411 .
Said narcels 4 and 5 now being shown as lots 1) 2 and 3 on plan #12.635-B.
ESSEX Ss. RK01,111DED 1. PAST�___Lb, Al. INST. #0_�
T_
PG 1 4
B K 6 b
REG. AS DOC.@ NOc 1743-6 14 A I I . ,, . .,, ,�j, �E A I ES t ATE MORTG A GE I ATE 01im 1 962
THE NORTHSHORE CORPORATION, a Massachusetts corporation, 'having its usua
place bf business at 206 Essex Street, Salem, Essex County, Massachusett
holder of a real estate mortgage from Henry D. Audesse, , Robert C . Brambl
and Arthur A. I
Collins and The Northshore CorporaA'?&� irustees of Herita
Trust II , under a Declaration of Trust dated 11 )1M=dWAXHZN
March 11, 1977 and rpc9med
"�th Essex South District Registry of Deeds Book 6331, Page 610 and file,
p; with the Land Registratio� office for the Southern Registry Distric
of Essex County as Document No. 160662
to it dated August 20, 1979 , to be recorded and filed herewith,
xQkUlAx
X90akxxx k:�g�xxxx assigns without recourse in any event said mortgage
and the note and claim secured thereby to SALEM FIVE CENTS SAVINGS BANK, a corporatio
organized and existing under the laws of the Commonwealth of Massachuset
having its usual place of business at 210 Essex Street, Salem, Essex Cou
Massachusetts .
In tuitne-qii w1jurof, the said THE NORTHSHORE CORPORATION
has caused its corporate seal to be hereto affixed and these presents to be signed in its name and behalf by
Thomas M. Leonard its Vice President this 20th day of
August A. D. ig 7 9 .
Signed and sealed in presence of THE NORTHSHORE CORPORATXQ.14
.................................................................. ...................
............................................... ................ by
01
.................................. ................................... ................. ................ ............. ........
Thomas Leon d, , Vice-'Presi
of
Essex ss. August 20 1979
Then personally appeared the above named Thomas M. Leonard, Vice President,
as aforesaid,
and acknowledged the foregoing instrument tu be the free act and deed Of THE NORTHSHORE
CORPORATION,
before me,
W
Nota ry P u bt i C WA H
MY commissip,��Y....W�.JIVRiKLTT.................19........
Notary llubUc
my.00MMIM10A UNPUM OUL 1%1"
&SSEX SS. RECORDED Z±�$- 2 .19701------�—L(-M. PAST�L— A��I. INST.
BK6622 � PGi68
PICKERING WHARF CONDOMINIUM TRUST
AGREEMENT and DECLARATI�N OF TRUST OF PICKERING WHARF CON-
DOMINIUM TRUST, made this 3rd day of August, 1979 by Henry D. Audesse,
Robert C . Bramble, Arthur A. Collins and The Northshore Corporation,
Trustees of Heritage Trust II , under a Declaration of Trust dated
March 11 , 1977 and filed as Document No. 160662 with the Land Regis-
tration Office for the Southern Registry Dis.trict of Essex County and
recorded with Essex South District Registry of Deeds, Book 6331 P age
610 (hereinafter called the Declarants) . The word "Trustee" or "Trustees"
wherever used in this instrument shall extend to and include the Trustee
or Trustees for the time being, howsoever appointed, except where
otherwise provided.
ARTICLE I
It is hereby agreed and declared that all real and personal
property of every kind and character, together with any income or
proceeds therefrom (the foregoing being hereinafter called the Trust
property) which the Trustees have heretofore acquired or may at any time
hereafter acquire, shall be held by them in trust for the benefit of
the owners of the units of the PICKERING WHARF CONDOMINIUM (hereinafter
called Unit Owners) located on the land described in the Master Deed
creating said Condominium to be recorded herewith. The Trust property
shall be held in trust thro ugh the powers set forth in this instrument
and the authorized By-Laws adopted pursuant hereto
to time, subject to the conditions , restrictions and reservations
placed thereon by this Declaration of Trust, its said By-Lawsand Mass-
achusetts General Laws, Chapter 183a, as the same may be from time to
time amended.
BKbb2q PG169
2
ARTICLE II
This Trust is created under Chapter 183a of the Massachusetts
General Laws as the organization of Unit Owners owning dwelling units
in said Condominium, and the Owner of each Unit shall, immediately upon
his acquisition of' such Unit, become a beneficiary hereof. Immediately
upon tSe—tr"ans-fer--of a Unit, the transferor shall cease to be such
beneficiary. No one except a Unit Owner shall be a beneficiary here-
under. All acts of the Trustees hereunder may be done under the name
of PICKERING WHARF CONDOMINIUM TRUST .
The Trustees shall hold the Trust property in accordance
herewith for the benefit of the owners of the constituent Units, their
respective personal representatives, successors or assigns . Said
owners from time to time, being the beneficiaries hereof, are entitled ,
for each Unit, as shown on the plans recorded with said Master Deed, to
an undivided proportionate interest in the Trust property as specified
in Exhibit B attached to said Master Deed .
The principal place of business of this Trust shall be 206
-Salem, Massachusetts, or such other place as the Trustees
Essex Street,
�� . may from time to time select.
ARTICLE III
This Trust is organized for the purpose of maintaining, mana-
ging, regulating and preserving said Condominium, which is created
under Massachusetts General Laws , Chapter 183a as amended . It shall be
the duty of the Trustees to act on behalf of the Owners of Units in
said Condominium, and they shall manage and regulate the Condominium
It and its property and perform all services , duties , responsibilities and
functions. required or permitted by said Chapter 183a and this Trust.
in addition to all of the powers of the Trustees set forth in
said Chapter 183a, and subject thereto but without limiting the gen-
erality of any grants or power herein contained , the Trustees shall
have the following specific powers: to deposit, invest or otherwise
41
deal wit� moneys forming a part of the Trust estate; to improve any
8K 066 2 q PG 17
3
part of the Trust real estate or the community property and common
facilities; to repair, repaint or restore the exterior of all Units; t
collect, sue for, receive all. sums of money due the Trustees, and to
settle and compromise any claims at any time made against the Trust or
existing between the Trust and any of the Unit owners; and with the
approval of seventy-five percent (75%) in interest of the Unit Owners,
to borrow money, and in connection therewith to execute notes and
mortgages or other instruments securing the same.
ARTICLE IV
The' Trustees shall at all times act in the service of the
Condominium so as to promote and preserve the purposes for which it wa
formed, to wit: to provide and insure dignified, peaceful and harmo-
nious accommodations and common facilities and areas to be used for th
benefit of the Unit Owners, their families, lessees, tenants, customer
clientele and other invitees and licensees, guests, and their succe��
sors in interest or assigns.
ARTICLE V
Until such time as all Residential Condominium Units shall
have been conveyed to Unit Owners by the Declarants, their successors
or assigns, or until three (3) years shall have elapsed from the date
of this instrument (whichever shall last occur) there shall be two (2)
Trustees hereunder who shall be said Robert C. Bramble and said The
Northshore Corporation. Upon the death, resignation or inability to
act of said Robert C. Bramble, said Arthur A. Collins shall become
Trustee in his place. Upon the death, resignatiQn_-Q.r inability to act
of the said Arthur A. Collins, said Henry D. Audesse shall become
Trustee in his place. Upon the resignation or inability to act of The
Northshore Corporation, the successor to said The Northshore Corpo-
ration shall be as it may from time to time designate in a writing
filed with the Trust.
PG 1 7 1
4
J
At such time as all Residential Condominium Units shall have
been conveyed or upon the expiration of three (3) years from the date
of this instrument (whichever shall last occur) the Trustees then in
to
t, office (hereinafter called the Original Trustees), shall continue
serve. There shall, however, at a meeting duly called for that purpose.
.q, inacc6rdance-wit-h-the By-Laws be three additional Trustees elected by
and from the Residential Unit Owners (hereinafter called the Residen
tial Trustees) . The three Residential Trustees so elected shall to-
gether exercise one vote on the Board of Trustees , which said vote shall
The
be as a majority of such Residential Trustees shall determine.
original Trustees shall each exercise one vote . A two-thirds vote of
the Board of Trustees (e.g . two votes of the Original Trustees or one
sidential
vote of an Original Trustee and one vote of the combined Re
(hereinafter called a majority) shall be sufficient, and shall
Trustees)
be required, to decide any question .
s shall be
The terms of office of the Residential Trustee
first elected , one shall serve for
three (3) years, except that when
one (1) year, one for two (2) years , and one for three (3) years .
Succeeding Reside I ntial Trustees shall be elected annually in accordance
with the By-Laws at a meeting of the Unit owners called for that purpose .
Further, successors to the Original Trustees shall be as such
filed with the
Trustees shall designate in a writing from time to ti me
Trust, and in the absence of-sucri-writing, by election by a majority oL
the percentage interest of the Unit owners at a meeting called and held
pursuant to the By-Lawsfor s�ch purpose . The successors of the Origi-
nal Trustees shall at all times exercise one full vote each on the
";t Board of Trustees .
ARTICLE VI
The Trustees shall , within thirty (30) days of the date of
-Lawsgoverning the management and
this Declaration of Trust, adopt By
regulation of the Condominium, andprovisions for amendment thereof
shall be made. Such By-Lawsand amendments thereto shall become a part
BK6624 PG172
5
L
of this Declaration and shall be binding upon Trusteps and individual.,
Unit Owners .
ARTICLE VII
Except as otherwise �pecifically provided herein or in the
By�Laws as amended, the Trustees shall have full control over the "Com
mon Areas and Facilities" of the Condominium as such areas and facili2"A
ties are defined in the Master Deed and in Massachusetts General Laws .
Chapter 183a, Section 1 as from time to time amended, and all other
such rights, powers and obligations enumerated in Chapter 183a, as
from time to time amended, necessary to the proper management 'and
regulation of the Condominium.
ARTICLE VIII
The Trustees shall have the power to employ, elect and remo
from office any attorneys, officers, managers, and other agents an
servants. A Trustee may be so employed, elected or appointed, but his
removal from such office shall not be removal of him as a Trustee.
Such officers, attorneys, managers, agents or servants shall have
such duties and powers as shall be from time to time designated by th
Trustees. No Trustee shall be liable for the act or neglect of any
agent, officer, manager, attorney or other person so appointed, em- -1,_!
pl6yed or designated unless such act is also a wilful breach on the
part of the Trustee.
The Trustees shall keep accurate books of account and a
complete copy of the By-Laws including any amendments thereto, and sh j
fully comply with the provisions of Massachusetts' General Laws, Chapt,_
183a, Section 10 (d) as from time to time amended, wi�E_re_-s-p�ect-to 1
reports and records.
ARTICLE IX
Any Trustee may by written instrument signed, acknowledged
8K 2 PG 1 7 3
6
delivered to the other Trustees and recorded with the Essex South
District Registry of Deeds resign from his office. There shall always
be at least two (2) Trustees, except as provided in Article V hereof,
and any vacancy in the number of original Trustees may be filled tempo-
rarily by the remaining Original Trustees or Trustee by a written in-
strument S_1_�'Hed-and acknowledged and go recorded and any vacancy in the
number of Residential Trustees , by the remaining Residential Trustees
or Trustee by a written instrument so executed and recorded . The
Trustee (s) so appointed shall have all the powers and duties of his
predeces sor. The Acting Trustee for the time heing, whether surviving
or remaining, shall have all the powers of the Trustee so replaced and
shali serve until the next annual meeting, unless replaced by a Trustee
elected by a written instrument, executed by seventy-five percent
(75%) in interest of the Unit Owner beneficiaries hereof. Upon the
resign ation, decease, incapacity or removal of any Trustee, the title
of the outgoing Trustee shall vest in the remaining Trustee or Trustees,
and upon the filling of any vacancy, the title to the whole Trust
property shall vest jointly in those who shall then be Trustees here-
under. Trustees shall be liable only for wilful breach of Trust,
and no Trustee shall be liable as suich Trustee except for his own acts .
Except as otherwise provided herein or in theBy-Laws, neither
,. the Trustees nor their agents or employees shall have power to bind the
Unit Owners personally, an�f all Unit Owners, and all persons or corpo-
rations or other entities extending credit to, contracting with, or
having any claim against the Trustees or the Trust property shall look
only to the funds and property of the Trust for payment of such obli-
' ' gations or claims, so that neither the Trustees nor the beneficiaries
shall be personally liable therefor, except as specifically provided in
this instrument and in Section 13 of Massachusetts General Laws , Chapter
183a as from time to time amended, and in the By-Laws .
In every note or contract for the payment of money borrowed
by, - and in every other written contract of, the Trust, it shall be the
duty of the Trustees or other officers or agents expressly to stipulate
BK 66 2 PG 1 7 4
7
that neither the Trustees nor a,ny officer or agent nor the Unit Owners
shall be held to any personal liability under or by reason thereof .
I
ARTICLE X
The Trustees shall not be entitled to compensation for their
services but shall be reimbursed for all reasonable and proper out-
of-pocket expenses incurred for the benefit of the Condominium.
ARTICLE XI--
The Trustees may establish and replenish a reserve fund for
future contingencies .
ARTICLE XII
The Trustees may from time to time alter or amend this Declara�j
tion of Trust in any respect by written instrument signed and acknow-
ledged by those Trustees constituting a majority vote of the Trustees
and assented to by seventy-five percent (75%) in interest of the Unit I
Owners, except that the undivided proportionate interest in the Trust
property of any Unit Owner shall not be changed without his written
consent. No such amendment shall affect any person, other than the
Trustees or Unit Owners, not having actual notice thereof, until re-
corded in Essex South District Registry of Deeds .
ARTICLE XIII
Any Trustee, beneficiary, officer or agent of this Trust, or
any firm, trust, corporation, concern or estate-in which he -is
terested as a member, trustee, director , officer, beneficiary, share-
holder, agent, fiduciary, or otherwise, may sell to, buy from, contract
with, and otherwise deal with this Trust as freely and effectually as
though no interest or fiduciary relationship existed, and the Trustees
hereunder shall have power to exercise or concur in exercising all
powers and discretion given to them hereunder or by law, notwithstand-
ing that they, or any of them, may have a direct or indirect interest,
B K 6 2 P G 1 7 5
8
.1:rjonally or otherwise, in the mode, result, or effect of exercising
ch powers of discretion.
ARTICLE XIV
Any Trustee may beremoved from his office by a vote of
epty-f ive percent (75%) in interest of tile Unit Owners at a meeting
y called for such purpose on not less than seven (7) days ' writteii
ce to all Unit Owners. A successor Trustee shall be chosen in the
nrier provided for above.
ARTICLE XV
The Unit Owners shall be responsible for the proper main-
-Inance and repair of the interior of their respective units . If CA
ajority of the Trustees shall at any time in their reasonable judgment
el ,,6rmine -that the interior of a Unit, including, without limitation,
01
ins and pipes for water and gas , drains and electrical conduits , is in
,c�!�heed of maintenance, painting or repair that the market value of
--'adjacent Unit or Units is being adversely affected, or that the
ndition of a Unit or any fixtures, furnishings, facility or equipment
ereof is hazardous to any Unit or the occ
upants thereof, the Trustees
',,Jl , in, writing request the Unit Owner to perform the needed maintenance,
nting or repair or otherwise to correct the hazardous condition,
d in case such work shall not have been commenced within fifteen (15)
ys (or such reasonable short er period in case of emergency as the
jistees shall determine) of such request and brought to diligent
mpletion, the Trustees shall be entitled to have access to the Unit
d to have the work performed for the account of such Unit Owner whose
nit is in need of work, and the cost thereof shall constitute a lien
11 such Unit, and such Unit Owner shall be personally liable therefor;
ovided that the lien created by this Paragraph shall be subordinate
mortages of record.
The Trustees shall be responsible for the proper maintenance
BK6_ 624 PG176
9
and repair of the exterior of all of the Units and shall have the . sole
power to repair, repaint and redecorate the exterior of the bui ldings
at such time and in such manner as they shall determine to I be proper
and expedient, to the end that the exterior of the buildings shall be
maintained in a clean and orderly condition and be of a consistent and
harmonious appearance, b ut this provision shall not relieve any Unit
Owner of or from liability to reimburse the Trustees for the cost of
any repair or replacement made necessa
ry by his actions or those of his
agents or invitees . No Unit Owner shall take any action with relation
to the exterior., including roofs, gutters and conductors, without the
prior consent of the Trustees
ARTICLE XVI
This Trust may be terminated by a vote of seventy-five
percent (75%) in interest of the Unit Owners at a meeting duly called--"'
for such purpose on not less than seven (7) days ' written notice to all �,
Unit Owners and of the holders of one hundred 'percent (100%) of the
first mortgages (based upon one vote for each first mortgage owned)
upon any of the Units affected. Such termination shall become effect- .
ive upon recording of a certificate of such action and of such consents.,
Upon termination, the Trustees may, if necessary, manage,
deal with, sell and dispose of the Trust property, including the good
will , in such manner as they may deem advisable, with power to receive
as part or full consideration for any such sale, assignment or transfer
the securities or obligations of any other partnership, association,
trust or corporation, and with power to distribute in such manner as
they shall deem equitable the Trust property, . 6r!---the proceeds there-of,
in kind or in cash, or partly in kind and partly in cash, to and among '.%
the Unit Owners in accordance with their respective rights as defined :71
in this instrument and any amendment thereof . As a condition to any'
distribution to Unit Owners, the Trustees may require such indemnity
BK6624 PG177
10
or releases as they may deem necessary for their protection, and may
before distribution withhold or deduct such' sums as they deem necessary
to pay and discharge all debts, liabilities and obligations of the
Trust. Unless sooner terminated, this Trust shall terminate twenty-one
(2l) __y0ars-aftex._the -death of the last to survive of said Robert C .
Bramble, Henry D. Audesse and Arthur A. Collins . In case of such
termination, the Unit Owners shall then form such organization as may
then be appropriate to exercise the rights and obligations herein
provided for.
ARTICLE XVII
A certificate signed by any person appearing of record to be
an Original Trustee of this Trust or a successor to an Original Trustee
;__ and recorded with Essex South District Registry of Deeds as to any fact
or facts germane to or with relation .to the Trust, including the names
of the then Trustees, shall be binding and conclusive as to all persons
i, ,, dealing with the Trust in reliance thereon.
ARTICLE XVIII
This,. instrument shall at all times be governed by and con-
strued in accordance with the laws of the Commonwealth of Massachu-
setts.
WITNESS our hands and seals on the day and year first above
written.
TRUSTEE OF HERITAGE TRU T I
By Z17L
Z
Fro- T e e, Truskee
By-y
By:
Arthur k. lins, Trustle,a,...
.. 9
THE NORTHSHORE CORPORATIONMI) Fu' 'st0be
.. 0
By:
el
Thomas n6rd, Vice Pffasi Pt
BK6624 PG178
COMMONWEALTH OF MASSACHUSETTS
7 .
6,
Essex, ss . 1979
Theft personally appeared the above-n�med Henry D . Audesse, Robert C
Bramble and Arthur A . Collins, Trustees as aforesaid and acknowledged
the foregoing instrument to be' their free act and deed, before me,
N o a Y.'....'P UP 1.i!c i
Uotnry public
MY.commMon exptrw O�L Ia.19-9
COMMONWEALTH OF MASSACHUSETTS
1979
Essex, ss .
Then personally appeared the above-named Thomas M. Leonard, Vice
President as aforesaid, and acknowledged the foregoingi instrument to.
be the free act and deed of THE NORTUSHORE CORPORATION, before me,
17
Notary Public��._.'
flo(ary .............
Publk
&KPIrW OCE 18, 19.
S
BK662 -i PG179
BY-LAWS OF
PICKERING WHARF CONDOMINIUM
ARTICLE I
NAME-AND-LOCATION AND -COMMON SEAL.
Section 1. Name The name of this Organization of Unit
Owners is PICKERING W11ARF CONDOMINIUM TRUST (hereinafter called the
TRUST) . The term "Unit Owner" as used in these ByLaws refers to the
person or persons owning a Unit in the Pickering Wharf Condominium,
but shall not include a mortgagee or other encumbrancer unless in
possession of the Unit, or holding title thereto after foreclosure .
Section 2. Location The principal office of the TRUST
shall be located at 206 Essex Street, Salem, Massachusetts .
Section 3 . Common Seal The Trustees hereinafter referred to
may adopt a common seal.
Section 4 . Powers The TRUST shall have and may exercise
all the powers contained in or referred to in sub-paragraph (b) , Sec-
tion 10 of Chapter 183a of the General Laws of Massachusetts , as from
time to time amended, any powers properly incidental thereto, and those
set forth in the TRUST. Such powers shall be exercised through the
Trustees , officers and agents hereinafter provided for .
ARTICLE II
MEETINGS OF THE CONDOMINIUM UN7T OWNERS
Section 1. Place All meetings of the Condominium Unit
owners shall be held at the principal office of the TRUST or at such
other place in Massachusetts as may be named in the call .
Section 2 . Annual Meeting The first annual meeting of
Unit Owners of the TRUST shall be held on January 2 , 1980 for the
purpose of transacting such business as may legally come before it .
;4�
BK6624 PG180
2
Thereafter, a meeting of the Unit Owners shall be held on the first
Tuesday of January of each year if a full business day, or if not a full -, ,
business day, then on the next succeeding business day, for the purpose
of electing a Trustee or Trustees to fill any vacancy then existing or
occurring and for such other purpose as may be specified in the call.
If in any such year, the annual meeting is not held on said date, a
special meeting may be called as herein specified and be held in lieu
thereof, and any elections held or business transacted at such special
meeting shall have the same effect as if the same had occurred on the
i:egular date for such annual meeting.
Section 3 . Special Meetings Special Meetings of the Unit
V
owners may be called at any time by a majority vote of the Trustees
and shall be called by the Trustees upon written application of sixty-
six percent (66%) of the Unit Owners stating the time, place and pur-
pose of the meeting and giving notice to each Unit Owner in the manner �
set forth in Section 4 .
Section 4 . Notice A written notice or printed notice
stating the place, day and hour thereof shall be given by the Trustees
at least seven (7) days before the meeting to each Unit Owner entitled
to vote thereat by leaving such notice with him or at his residence or
usual place of business or by mailing it postage prepaid addressed to
him at his address as it appears upon the books of. the TRUST. In the
event of any form of multiple ownership, notice to or waiver by any one.,
of the multiple owners shall be sufficient. Notices of all meetings 0 f
Unit owners shall state the purpose for which the meeting is called.
No notice of the time, place or purposeof -any--sp-@iqial meet-
ing of the TRUST shall be required if every Unit owner entitled to
notice thereof or his attorney thereunto authorized, by a writing which,
is filed with the records of the meeting, waives such notice either
before or after the meeting.
Section 5 Quorum At any meeting of the Unit owners, a
majority in interest, as set forth in the TRUST and MASTER DEED, presen �
BK PG 1 8 1
3
in person or represented by proxy shall constitute a quorum for the
transaction of any business . When a quorum is present at any meeting,
the affirmative vote of at least a majority in interest of the Unit
Owners present or represented thereat shall be necessary to the de-
cision of any question brought before the meeting unless a larger vote
-aw by the Condominium Trust or by the By-Laws . Though
is .r4tquired
_I
less than a quorum be present, any annual or special meeting without
further notice may be adjourned to a subsequent date or until a quorum
shall be present. Any business may be transacted at such subsequent
date or time which might have been transacted at the original meeting.
Section 6. voting The votes of the Unit Owners shall be
weighted in the same proportion as their respective interests in the
common areas and facilities as
set forth in the RASTER DEED. The votes
attributable to each Unit must be voted as an entirety. Unit Owners may
vote, either in person or by proxy in writing filed with the Trustees .
No proxy which is- dated more than six (6) months before the meeting
named therein shall be accepted and no proxy shall be valid after the
final 'adjournment of
the meeting. The votes for the Trustees and, upon
demand of any Unit Owner, the vote upon any question before the meeting
shall be by ballot.
ARTICLE III
THE TRUSTEES
Section 1. Regular Meetings Regular Meetings of the Trust-
ees may be held at� such time and place within Massachusetts as the
Trustees may fix from time to time, and when so fixed, no notice thereof
need be given. A regular meeting of the Trustees shall he held without
notice immediately after and at the same place as the annual meeting of
the Unit Owners or the special meeting of the Unit Owners held in lieu
thereof.
Section 2. _.S2ecial Meetings Special meetings of the Trustees
may be held at such times and places within Massachusetts as shall be
A
namedoin the call which shall be made by the Chairman, or in case of his
;J17
4
B K 6 6 2 ,q PG 1 2
4
death., absence, incapacity, or refusal, by any Trustee. * A written,
printed or telegraphic notice stating the day, place and hour thereof
shall be given by the Secretary, or in case of his death, absence,
incapacity or refusal , by any. other officer at least forty-eight (48)
hours before such meeting to each Trustee by leaving such notice with
him or at his residence or usual place of business or by mailing it
postage prepaid or by prepaid telegram addressed to him at his last
known address . Any meeting of the Trustees shall be a legal meeting
without notice if each Trustee, by a writing filed with the records of
the meeting, waives such notice before or �fter the meeting.
Section 3 . Quorum A majority of -the Trustees (as here-
inabove defined) shall constitute a quorum. The affirmative vo','tes of a
majority of the Trustees (as hereinabove defined) shall be necessary to:'
the decision of any question.
Section 4 . Liability Insurance The Trustees shall maintain,,"
at all times public liability insurance in the sum of at least Three
million Dollars for the protection of the Trust as to claims arising
out of incidents occurring anywhere in the Condominium or on the ways
adjacent thereto and for the protection of Unit Owners as to claims
arising out of incidents occurring in the common areas and facilities .�"
or on said ways . such insurance shall not cover the liability of any
Unit Owner as to claims arising out of incidents occurring within his
own Unit, but it shall be the duty of each Unit Owner to maintain
public liability insurance with respect to such claims for his own
protection. The Trustees shall carry Worker 's Compensation Insurance, q
if required.
Section 5. The Trustees in their discretion may appoint and
remove managers to administer the Condominium, subordinates, assistants-
clerks , agents and other employees , fill vacancies in their positions
and prescribe their duties .
Section 6 . Action by Written Consent Any action within
their powers may be taken by the Trustees without a meeting by written "
BKb62q PG 1 83
5
instrument executed by all of the Trustees of the TRUST.
ARTICLE IV
OFFICERS
__—The--Tr-us��es shall designate one of their number as a Chair-
man who shall when present preside at all meetings of the Unit Owners
and all meetings of the Trustees . The Trustees shall also name one of
their number as Secretary/Treasurer whose duty it shall be to attend
all meetings of the Unit Owners and of the Trustees and to record and
keep the proceedings thereat in books provided for that purpose. He
shall notify the Unit Owners and Trustees of their respective meetings
in accordance with these By-Laws .
He shall also have the care and custody of the funds and
securities of the TRUST which may come into his possession and under
the supervision of the Trustees shall maintain accurate books of account
as set forth in ARTICLE VIII of the TRUST.
ARTICLE V
FISCAL YEAR
The--fiscal year of the TRUST shall be the calendar year.
ARTICLE VI
MAINTENANCE,. REPAIR 'and REPLACEMENT OF C014MON AREAS and
FACILITIES
The Trustees shall be responsible for the maintenance, repair
and replacement of the common areas and facilities as such areas and
facilities are defined in the MASTER DEED and in Massachusetts General
Laws, Chapter 183a as from time to time amended, under which the premis(!s
are subjected to a Condominium and the expenses of such maintenance,
repair and replacement shall be charged to the Unit owners according to
their respective percentages of the undivided interest in the common
areas aInd facilities. Each Unit Owner shall be personally liable for
BK662q PG184
6
all Sums lawfully assessed in accordance with these By-Law' s. Such
assessments shall constitute a lien upon his Unit enforceable as, set
forth in Section 6 (c) of Chapter 183a of the Massachusetts General
Laws as from time to time amended .
ARTICLE VII
METHOD OF ASSESSMENT OF COMMON EXPENSES
The Trustees shall, on January 1 in each year, or as soon
thereafter as is practical, determine the estimated cash requirements
as hereinafter defined for the next ensuing calendar year, and shall
assess upon each Unit owner his respe'd�tive share of the estimated
expenses for such year. The Trustees may require that said amount
be paid in monthly installments and the Trustees may require prepayment
of said estimated expenses for a period not in excess of three (3)
months .
Each Unit Owner shall thereupon become personally liable for,I
such share so assessed which shall until paid constitute a lien on suc -
Unit in the manner specified in ARTICLE VI of.these By-Laws . Such
estimated cash requirements shall include but shall not be limited to -:
all estimated expenses and outlays of the TRUST for such year growing '.
out of or connected with the ownership, maintenance, repair, replace- "
ment and operation of the common areas and facilities, including items,
enumerated in Section 14 of General Laws Chapter 183a as from time to
time amended, charged or assessed to the TRUST and water charges agaiAs
the several Units, insurance premiums, operating expenses, legal and
accounting fees, management fees , alterations , replacements and repairs
expenses and liabilities incurred by the TRUST, the cost allocable to,
the TRUST of the maintenance, and upkeep and repair of com�6-n-fzocilit
the cost of the maintenance, and upkeep of the exterior of buildings.."
performed in accordance with ARTICLE XV of the TRUST, the payment of
any deficit remaining from a previous period, the creation and repleni,
ment of a reserve fund in accordance with ARTICLE XI of the TRUST and .,
expenses for other proper purposes within the TRUST 'S powers. If at
BK6624 PG185
7
end of such calendar year there is an excess, such excess shall be
applied against the assessment for the next ensuing calendar year . If
at such time there shall be a deficiency, such deficiency shall be
added to the assessment for the next ensuing calendar year . The Unit
at any time at a. meeting called for the purpose by a vote of
Owners
seventy-f ilie- per-cent- '(75%) in interest may auth I orize the Trustees to
make assessments in addition to the annual assessment.
ARTICLE VIII
RULES AND REGULATIONS
The Trustees by action duly taken may adopt and from time to
time amend reasonable administrative rules and regulations governing
the details and operations and use of the common areas and facilities
and such restrictions on and requirements respecting the use and main-
tenance of the Units and the use of the common areas and facilities as
of
are designed to prevent unreasonable interference with the use
facilities by the
their respective units and of the common areas and
several Unit owners. The initial rules , regulations , and requirements
are attached hereto as Exhibit A.
ARTICLE IX
REPAIR OR RECONSTRUCTION AFTER FIRE OR OTHER CASUALTY ,
In the event of damage to or destruction of any one or more
of the Buildings as a result of fire or other casualty, which in the
the Trustees does not exceed ten percent (10%) of the value
judgment of
of the Condominium prior to the casualty, the Trustees shall arrange
for the prompt repair, reiDlacement, or restoration of the Building
and/or the Unit or Units damaged (but not including furniture, fur-
nishings or other personal property supplied to or installed by Unit
Owners) , and the Trustees shall disburse the proceeds of all insurance
policies to the persons engaged in such repair or restoration in appro-
priate progress payments . Any cost of such repair, restoration, or
BK662 � PG
ss of the insurance proceeds shall constitute a
replacement in exce it owners .as
may assess to all the Un
common expense and the Trustee,s for any bond which may be
such deficit and the premium
common1charges
' d repair, replacement or restoration'
required in connection with sai r restoration J.
If there shall have been repair, replacement, 0
pursuant to the first paragraph of this ARTICLE Ix, and the . arL'Ount of
such repair, re-
exceeded the cost of
insurance proceeds shall have
of such insurance proceeds,
ration, then the excess
placement or restO
d or, at the
reserve fun
shall be added to the Condominium' s
if an�, stees , divided among -all--the Unit owners in proportion
option of the Tru
to their respec ive 'common interests.
to the condominium,
In the event Of any casualty loss
nable discretion whether or
the Trustees shall determine in their reaso
the value of the Condominium
not such loss exceeds ten percent (10%) of s of such deter-
or to the casualty, and shall notify all Unit owner
pri -o determined exceeds ten Percent (10%) -Of
mination. If such loss as s
such value, and percent (75%) of the Unit owners do not
if seventY-five the casualty to proceed with
0 days after the date of
agree within 12 including all
oration, the Condominium,
ment, or rest
repair, replace the suit of any Unit owner,
subject to partition at
Units, shall be rior to entry Of
to dismissal at any time P
ch suit shall be subject
Su ild is filed. The
11 if an appropriate agreement to rebu
an order to se f the partition sale together with any common funds shall
net proceeds 0 to the Unit owners, respective undivided
be divided in proportion
such sale the
ownership in the Common areas and facilities. Upon Of Chapter 1833,
ed removed from the provis-i-Oft'
Condominium shall be deem time amended.
of the Massachusetts General Laws, as from time to Unit owners agree tOi
75%) of the
f
if seventy-five percent (
2 . the
or restoration, 1,
y repair, replacement,
proceed with the neces,,r
ailablei
in excess of any av
the condominium,
cost of the rebuilding of
e proceeds of any insurance, shall be common
common funds including th
BK6624 PG187
9
expense, provided, however, that if such excess cost exceeds ten percent
(10%) of the value of the Condominium prior to the casualty, any Unit
owner who did not so agree, may apply to the Superior Court of Essex
County on such notice to the Trust as the Court shall direct for an
order directing the purchase of his Unit by the Trustees at the fair
market-value___the_�7_eof. as approved by the Court . The cost of any such
purchase shall be a ,common expense .
ARTICLE X
IMPROVEMENTS TO COMMON AREAS AND FACILITIES
(a) If fifty percent (50%) or more but less than seventy-
five percent (75%) in interest of the Unit Owners agree to make an
F_ improvement to the common areas and facilities , the cost of such im-
provement shall be borne solely by the Owners so agreeing.
(b) Seventy-five percent (75%) in interest of the Unit
owners may agree to make an improvement to the common areas and facili-
ties and assess the cost thereof to all Unit Owners as a common ex-
-iall cost in excess of ten percent
pense, butif such improvement sl
(10%) of the then value of the Condominium, any Unit Owner not so
agreeing may apply to the Superior Court, Essex County, on such notice
to the TRUST as_the Court shall direct, for an order directing the
purchase of his Unit by the TRUST at fair market value thereof as
approved by the Court. The cost 6-f any such purchase shall be a common
expense.
ARTICLE XI
DISPUTES
Any Unit Owner aggrieved by any decision or action of the
TRUST in the administration of the Condominium other than the matters
covered by ARTICLE IX and ARTICLE X, may within thirty (30) days of
the decision or action of the TRUST, appoint an arbitrator who shall
be a member of the American Arbitrators Association. Within ten (10)
days afterisuch appointment, the TRUST shall appoint another such
BK 66 2 q PG 1 8 8
10
arbitrator, and the two so chosen shall within ten (10) days appoint
thereafter a third arbitrator . ' A majority of such arbitrators shall be
entitled to decide any such matte.r, and their decision, to be rendered
within thirty (30) days of the appointment of the third arbitrator,
subject to Chapter 251 of the General Laws of Massachusetts, as from i
time to time amended, shall be final and conclusive on all persons.
The cost of such arbitration proceedings shall be borne one-half by
such Unit Owner and one-half by the TRUST . �F
ARTICLE XII
LIMITATION OF LIABILITY
Section 1. Except as specifically set forth in these By-Laws ,
or in Chapter 183a, as from time to time amended, of the General- Laws
of Massachusetts, neither the TRUST, the Trustees, , nor any officer,
agent or servant of the TRUST shall have power to bind the Unit Owners
J
personally by any act, neglect or default, and all Unit Owners and al-1
persons or corporations or other entities extending credit to, con-
tracting with, or having any claim against the TRUST shall look only to
the funds and property of the TRUST for payment of such contract or
claim or for any indemnity or for the payment of any debt, damage,
judgment or decree or of any money that may otherwise become due or
payable from the TRUST, so that neither the Trustee nor the Unit Owners
shall be personally liable therefor .
Section 2. In every note or contract for the payment of money
borrowed by, and in every material written contract of the TRUST, it
shall be the duty of the Trustees or other officers .or agents expressly -,
to stipulate that neither the Trustees nor any officer or agent nor theJ.
Unit Owners shall be held to any Qersonal liabirity under or -by reason
thereof .
t
for errors of judgmen
Section 3 . The Trustees shall not be liable
in acquiring or holding property or conducting the business of the
Trust, or for any loss arising out of any investment; or for any act or .:.
omission to act performed or omitted by them in the execution of their
6 2 4 PG 1 8 9
office in good faith. Nor shall they be liable for the acts or omis-
sions of each other or of any officer, agent or servant appointed
by or acting for them unless such act or omission is a wilful breach of
trust by them.
Section 4 . Nothing herein shall be deemed to make the Unit Owners
partners one of another, nor of the Trustees or any of them.
ARTICLE XIII
AMENDMENTS
These By-Laws may be altered, amended or repealed at any annuaL
or special meeting of the Unit owners by the affirmative vote in each
case of seventy-five percent (75%) in interest of the Unit Owners,
provided notice of the proposed alteration, amendment or repeal is
given in the notice of the meeting .
ARTICLE XIV
EFFECT OF BY-LAWS
These By-Laws shall be subject always to the provisions of
Chapter 183a of t f he Mass achusetts General Laws relating to Condominiums ,
as from time to time amended, and also 'to the Agreement and Declara-
tion of Trust of PICXERING WHARF CONDOMINIUM TRUST DATED August 3,
1979 , as from time to time amended., and in case of any inconsistency,
such law and Agreement and Declaration of Trust shall control .
BK66 2 PG 1 9 0
EXHIBIT A
PICKERING WHARF CONDOMINIUM
-RULES AND REGULATIONS
GENERAL REGULATIONS
USE OF COMMON AREAS AND COMMON FACILITIES OF THE CONDOMINIUM
A . Except as hereinafter expressly provided otherwise, there shall be
no obstruction of the common areas or facilities of the Condominium,
nor shall anything be stored in the common areas or facilities without
the prior written approval of the Trustees . in the event such approval
is granted, storage shall be at the sole risk of the person storing the
materials .
B . Nothing shall be hung from the windows , or placed upon the window
sills, nor shallany rugs or mops be shaken or hung from or on any of
the windows or doors . No clothes , sheets, blankets, laundry or any
other kind of articles shall be hung out of a Unit or exposed on t�e
common areas or facilities of the Condominium. No accumulation of
rubbish, debris or unsightly material will be permitted in common areas
or facilities of the Condominium except in designated trash storage
areas, nor shall common areas or facilities be used for the general
storage of personal property. No clothes shall be hung or dried out-
side of the Units in the common areas or facilities of the Condominum.
C . Each Unit Owner shall keep his Unit in a good state of preservation
and cleanliness .
D . No Residential Unit Owner shall make or permit any noxious or offen-
sive activity or disturbing noises in the Units or do or permit anything ,,
to be done therein which will interfere with the rights, comfort or
convenience of other Unit Owners . No Residential Unit Owner shall play
upon or suffer to be played upon any musical instrument or permit to be
operated a phonograph or a radio or television loud speaker or other
such device in such unit between the hours of one o'clock a.m. and the
following nine o 'clock a .m. , if the same shall disturb or annoy other
occupants of the Units, and in no event, shall any Residential Unit
Owner practice or suffer to be practiced either vocal or instrumental
music for more than two hours in any day or between the hours of six
o'clock p.m. and the following nine o' clock a .m. No Residential Unit
owner shall give vocal or instrumental instruction at any time.
E'. Nothing shall be done or kept in any Unit or in the common areas
and facilities which will increase the rate of insurance of any of the
Buildings or contents thereof, without the prior written consent of the
Trust. No Residential Unit Owner shall permit anything to be done, or
kept in his Unit, or in the common areas and facilities which will
result in the cancellation of insurance or incre ase-1-ft-premiums therefo
on the building, or contents thereof, or which would be in viol��ion
of any law.
F. All Unit Owners shall comply with the rules and regulations of t�e
New England Fire Rating Association or other insurance inspection or
rating bureau having jurisdiction and with the rules and regulations
contained in any fire insurance policy upon any building of the Condo-
minium or the property contained therein.
G . Damage by fire or accident affecting any Unit, or the common areas
and facilities , or the liability of the Unit Owners or the Condominium
I
BK 6 6 2 �I PG 1 9 1
Trust shall be promptly reported to the Trustees immediately following
tile occurrence thereof.
11. No exterior shades, awnings, window guards or ventilators will be
used in or about the Units except such as shall have been approved by
the Trust.
No sign, notice or advertisement including for sale or for rent
signs shall be inscribed or displayed by the Unit Owners except such as
shall have been approved in writing by the Trust; nor shall anything be
projected out of any window of the Units without similar approval .
j. Garbage---aCnd refuse from the Units shall be disposed of only at such
times and in such manner as tile Trust may direct .
K. No Unit Owner shall employ any employee of the Trust or the Managing
Agent, if any, on any private business of a Unit Owner without per-
mission of the Trust or Managing Agent, respectively.
L. No dogs or other animals, birds or pets shall he kept in or about
the Units without the Trust' s written consent and consent so given may
be revoked at any time.
1;1, No radio or television aerial shall be attached to or hung from the
exterior of the units without the written approval of the Trust.
N. No vehicle belonging to a Unit Owner or to a member of the family
or guests, tenants or employees of a Unit Owner shall be parked in such
manner as to impede or prevent ready access to and from the parking
areas .
0 . No use shall be made of common areas and facilities except such as
shall be permitted by the Trust. Except in areas designated as such by
the Trust, there shall be no playing, lounging, or parking of haby
carriages or playpens, sand boxes , bicycles , wagons, toys , vehicles,
benches , chairs , or any other items of personal property on any part of
the commonareas and facilities .
I
P. Any consent or approval given under these rules by the Trust shall
be revocable at any time.
Q. After reasonable notice from the Condominium Trustees, each Unit
owner shall remove his vebicle (s) from the parking areas for snow
removal purposes. Upon any owners ' failure to so remove such vehicle (s) ,
the Condominium Trustees shall have the right to remove same . Any Unit
Owner who shall be absent from the premises during any 24 hour period
during the winter months shall leave a set of vehicle keys with the
Condominium Trustees in order that such vehicle may be moved for snow
removal purposes .
R. No parking of vehicles by Residential Unit Owners or their guests
or invitees shall be allowed in the roadways .
F,snx ss� rMorDED
PAST_Y_____a,_'AL INST. #,:�_f