SALEM GREEN PLAZA IMPROVEMENTS � ..� � �
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- SALEM GREEN IMPROVEMENTS
JUNE 17, 2011
CITY OF SALEM
landworks>studiolnc.
• 112 Shawmut Avenue,Suite 6B, Boston,-MA 02116
• 10 Derby Square,Suite N2,Salem, MA 01970
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SALEM FIVE BUILDING
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SALEM CITY HALL
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KINGSMAN BUILDING
CONTEXT PLAN 1/16°_ r-o°
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CITY OF SALEM SALEM GREEN IMPROVEMENT- June 17 2011 landesAor�cs>Studio'^c S f 112 Shawmut Avenue, Suite 6B, Boston, MA 02118
10 Derby Square,Suite N2,Salem, MA 01970
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• - GRAVEL
• WOOD TIE (ALTERNATIVE:GRANITE CURBING),
• WOOD TIE IN-GRADE -
• EXISTING CURB TO REMAIN -
PROPOSED GENERATOR AND ENCLOSURE
• EXISTING CURB TO BE RELOCATED
• __ _ EXISTING BENCHES TO BE REPLACED TYP
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VINE POLE,TYPICAL
• EXISTING LIGHT POLE TO BE REPLAC
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• MATERIALS PLAN
• CITY OF SALEM SALEM GREEN IMPROVEMENTS June 17, 2011 1andwof1m>studio,nc.
• 112 Shawmut Avenue,Suite 6B, Boston, MA 02118
10 Derby Square,Suite N2,Salem, MA 01970
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• NOTE: EXACT LOCATION OF NEW EDGING AND TERRACES
TO BE STAKED OUT IN FIELD BY LANDSCAPE ARCHTECT
• LAYOUT PLAN va^= 1--011 NO
• CITY OF SALEM SALEM GREEN IMPROVEMENT June 17 2011 ��01CIlNOP�S>Stud 02118
• S � 112 Shawmut Avenue, Suite 66,Boston, MA 02115
10 Derby Square,Suite N2,Salem, MA 01970 -
• EXISTING TREE TO REMAIN;TYPICAL
• PROPOSED TREE,TYPICAL -
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• 0 EXISTING POLE LIGHTS TO BE REPLACED(7) + TREE-MOUNTED LIGHTS--WRAPPED BRANCHES AND DOWNWARD SPOT LIGHTS (10) o UPLIGHTS (8)
•
• _ LIGHTING PLAN 1/8"_v_D„ «�
• CITY OF SALEM SALEM GREEN IMPROVEMENTS June 17; 2011 landworizs>Studio'°�
• 172 Shawmut Avenue,Suite 613, Boston, MA 02118'
10 Derby Square,Suite N2,Salem, MA 01970
•
•
•
• EXISTING PLANTING ALONG DINING AREA TO REMAIN - -
• EXISTING TREE TO REMAIN,TYPICAL -
• PINE TREE TO REMOVE,TYPICAL
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• 0 Acer griseum(3) C3 Cards canadensis(7) 0 Viburnum dentatum (18) ® Hydrangea quercifolia(13) Pteridium equilinum(114)
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• ❑p Osmunda cinnamomea (100) ■Onoclea sensibilis(210) []Asarum canadense(590) E Epimedium grandiflorunm'Purple Pixie'(90) ❑e Akebia quinata(7) PLANTING PLAN 1/8" =:b'-0 "
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• CITY OF SALEM SALEM GREEN IMPROVEMENTS June 17, 2011 landworks>studiolnc112ShawmutAvenue,SuiteGB5'Boston,MA02118
10 Derby Square,Suite N2, Salem, MA 01970
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• COMPACTED AGGREGATE
• TOP SOIL TOP SOIL
• 6"WIDE GRANITE CURB -
• \ \/\ \ \ 6"X6"TIMBER RAILROAD TIES BITUMINOUS CONCRETE
• �j/\\//\\/�\\///\\//\\// /�%\%//\\/\\ //\%/\\%/\ Wy{iy`A3 io COMPACTED AGGREGATE
• /i \!i\//i�/i
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• ALTERNATE A: TIMBER TIE RETAINING WALL 1/2" = r-o" ALTERNATE B: GRANITE CURB RETAINING WALL 1/2 r-o°
• _ EXISTING PINE TREE TO REMAIN,TYPICAL
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• '{ - \ EXISTING TREE TO REMAIN,TYPICAL
• " \ PROPOSED SHRUB PLANTING rI
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PROPOSED VINE POLE ^ r l
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• SITE SECTION
• CITY OF SALEM SALEM GREEN IMPROVEMENTS June 17, 2011 landetAor�cs>studio�^8
• - - 112 Shawmut Avenue,Suite 66, Boston, MA 02118..
10 Derby Square,Suite N2,Salem, MA 01970
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l &"PLANS SK 6 017 PG 0.6 5
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SALEM REDEVELOPMENT AUTHORITY, a public toffy politic and I`•..
I. _,: corporate, dulyyorganized and existing pursuant to the General Lav
of Massachusetts, having its office in Salem, Essex County, Maaea- '
7 Q W chugetts, in consideration of pifty-Six Thamond Five Hundred
(656,500.00) Dollars paid, grants t0 TNIRO IU9RITAGE;•2LAEA-EAST
,v
ASSOCIATION, a partnership organized and existing under the'laus
J of the COOVO.Wealth of Massachusetts# having its office do Salem,
Essex County, Maseabhusetts, with QUITCLAIM COVENMTS, 11 its '
1a n right, title and interest in and to the following described land:
PARCEL I:
A certain Parcel of land, situated on Church Street, Salem, being
shown as Parcel RC-BA on a plan entitled, "Property Plan Pzobein
V No. Mass. A-95, Heritage Pia=a Ect
ast, 5elem Redevelopment Authority,
j' a (�r Salem, Mass., Scale, 1" a 20', '.IF 17, 1972, Whitman c Howard,
h Inc., Engineers and Architects" to be retarded herewith, bounded
W WW and deacxibad as follows:
+ ROACHERLY by Church street# seventy-five and 45/100
W 0 (75.45) feet;
4 r EASTERLY by Parcel P-5, as shown on caid plan, seventy-
eight and 5/100 (78.05) Eeet,
SOUTHERLY by Parcel AC-68, as shown on said plan, seventy-
! ( T\ four and 30/100 (]4.30) feet;
seventy-
WESTERLY by Parcel P-6, as he. aa aid plan, seveRty-
(- seven andi98/100 (77.98) feet.
Said parcel containing S,B44 square feet of lend according to sat
plan.
PARCEL IIr I i
(. L
A d being shown
of load, situated at the rear le Church Street
and Laing shown as Parcel Heritage
on a albs entitled, property P1 .I
Project No. raas. Rv95r Heritage Plaza Is Salem Redsvelapment
Authority, Salem, Mnaa.r Scale: i" 201, July 14, 1972# Nhitme
I '- c Howard, Inc., Engineers and Architects to be recorded hoz ith,
II bounded and described as follows#
NORTHERLY by Parcels P-6 and RC-6A, as shown on said
Pl.., one hundred fifty-five and 67/100
'I EASTERLY by pere15vf
lP-S � an shown on said plan, eighty
and 72/100 (80.72) feat;
SOUTHERLY by Parcel RC-7A, ae shown no said plan, eighty
three and 3/LOO (83.08) feet; rl
EASTERLY by said Parcel RC-7A, as shown on said plan
nineteen and 26/100 (19126) feet,
r SOUTHERLY by Parcel P-6, as shewn on said plmnr seventy
(� eight and 92/100 (78.92) feet;
( WESTERLY by said Parcel P wn-6r as Shaon said plan,
I` ninety-lour and SS/100 (94.55). feat. ...i,
�.; Said parcel oontoining 14,098 square East of land, according to II..
said plan. i
The above two parcels ecmbin, to make one building lot.
For title reference, see Order of Taking by the Salem Aedevelopme t
Authority, dated February 10, 1970# recorded with Essex Sobth
PBsstzictt Registry of Deeds. on February 23, 1970, in Hook 5668, -
,
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k60 17
..__._._.k6017 PG 086
_2_
' I This Deed is made and executedpoo and is subject to caztoinl
express canditions and covenants, said eandikions and coveonvetayadbe�
Sng a past of the consideration for the propazty Feraby c
and are to he taken and Construed as sunning with tha'land and upon
the continued observance of which and seek of white nd, conEinuedsexil-
exception of covenants vumbeced FZPET and FIFTN, and the Grantee
tante of the estate herebyranted hall.ad at..., nen
hereby binds itself and its suecessassignss, gra
• lessee. £.sevat to these avnante aand conditions which covenants
.I, and conditions are as follows:
FIPST, The Grantee shell devotethe lep ooSslonsboY the only to the uses specified is the pPlicab
Urban Renewal Plan or approved modifications thereof{
SECOND: The Grantee shall pay real any Partthereof-hen sdue
Ment. on the property hereby conveyed .r any p
en f
nd shall not place thereon any encumbrance or lien the move-r
temporary and permanent financing of construction of the Imp
meets oa the property hereby conveyed as pa eds
idfor inwthhe can-
section
struetion Plane, approved by the Granter, i
601, Part II of the Contract far sale dated the 22nd. day of
4' 601,ace Par, 191E be[ween the parties hereto, (hereinafter referred
ile
to as tM1u "Contract £or Sale") which Contract for
Saleand foris on faddil
in the office of the City Clark of the City Of Salem,
Hanel funds, if any, in an amount of to exceed the co.sideratianl
herein specified, and shall not-suffer any levy or attachment to
be made or any ,than encumbrance oc lien to attach, With respect to
all of the foregaing, until he Grantor certifies that all building
j I mnstructian and ether physical improvements specified to be done
and made by the Grantee have been completed in accordance with the
i tams Ln the Contract for Sete, as emended.
THIRD: The Grantee shall commence promptly the cunstrv.tLan
I_ of the aforesaid Improvements me the property herein conveyed is i
accordance with the said Construction Plane and shall prosecute
diligently the construction of said Improvements to Completion th
accordance with-the schedule set forth in the Said Contract Par
sale, a. .Monaca.
-1
FOURTH: uatil the Grantor certified that all the aforesaid
Improvements opacified to be done and made by the Gtantee have be
,I cacplecad, the Grantee shall have o power to convey the Property
�}I
1 hereby conveyed or any part thereof withnun the Prior written
sent of the Grantor except to a Horegag.c or Treated Pt= s
gage or Deed of Trust pemitted by this Dead, a
socuxiey £oz obtaining financing pemitted by this Dead, that, hai
a be no LransEer� and the Grantee shell not pewit any transfer, Dy i
any party, owning tan percent or more of the at
of the Grantee
of such stock, not shall there be, oz be suf£etad to be by the
Grantee, any other similarly significant change in the ownership of{
such stock or J. the relative distribution thereof, or with rasp
to the identity of the parties in control of the Grantee os the
' degree thereof, by any other method or means, including, but rot
limited tioapaecger, corporate or ath
to, increased-capitalizact
amendments, issuance of additional or new stock or classi£icakion 1
(., of stack, or otherwise)
'�, wteesss in .. I
FIFTH: The Grantee agrees for itself and any solos, sear
+ interest not to disorlminata upon the le, ease or or in the
religion, or national origin in the sale, est thetad
use or
occupancy of the property hereby conveyed or any p
or o£ any ZmProvements erected or to be eracted-'thdreon or any part
thesecf,
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8K 6,017 PG 087
1
-3-
The covenants aV agreements eontalned in Lha movement )
numbered FIRST shall terminate on March 23, 2012. The covenen[e ,I
and agreements contained in Cavanants -mob-mad SECOND, TRIAD, and
!'4^
FOURTH shall terminate on tha date the Grantor I..... the CertifL-
Cate of Completion as herein provided except only Cast the tervina
tion of the covenant nwobered SECOND shall in no way be Construed
to release the Grant" from its obligation
from
hereby leave to pay real estate taxes
I; I or assessments on tha to
The Movement numbered FIFTH shall xwyed or any part taaip Sn effect without any
limitation an to time.
In cede of the breach or violation of any ono of the covenan a
numbered SECOND, TRIAD and FOURTH at any time prior to the timn kh�
Grantor eervifiea that all building eonstCvChion and other physical
improvements hove been completed in ageerdanca with the terms in t
Contract fez Sale and in ease such breach or ...h violation shall
I
not be cured, ended or 1W.41nd within:Riaty (60) days after written
demand by the Grantor ao to do with respect to covenant numbere
1 iFOURTH and three (3) months after writLan demand by the Gcantor Sam
to do with respect to covenants numbered SECONO and THIRD (Provided,
that a breach or violation with respect to the portion of Covenant
it numbered THIRD, dealing with completion of the Improvements may be
cured, ended, ee remedied within six (6) months after wziteen demand
by the'Granter so to do) or any further extension thereof that m
i be granted by the Greater in its sole discretion, than all estateay,
conveyed under this Dead, hall Cease and'determine, and title
in yJll
l' fee simple t0 the same shall revert to and become -.vested in the
Grantor, or its successors or assigns, and such title shall be Me-
! v.sted Fu11y and completely do IS, and the said Grantor,
is succe
ands or assigns, shall be entitled to and may of right enter upon
and take posaeseion of the said property: Provided, that any Ouch
revesting of title to the Grantor:
(1) Shall always ea Incisor Invalid
to and limited by, and shall
�i not defeat, redder invalid, or limit in any way '
j.
(i.) the lien of any mortgage or DeedofTrust permitted
by this Deed, and
any rights or interests provided in Us Contract 1
for Sale for the protection of the trustees of any
such Deed of Trust or the headers of any such ! ' ,-
mortgage; and ('
(2) In the event:that title to the -aid property or part
thereof hall revest in the Grantor an accordance with
the provisions of this Deed,-the Gcantor shall pur¢ua t
to its responibllitiae under applicable law use its
beat efforts to resell the property or part thereof la
ject to such mortgage liens as hereinbefore at forth
and provided) as soon and in such Mannar se the Grantor
shall find feasible and ronSlstent withhthe objectives -i
of such law, end of the urban Renewal Plan, t0 a gualefdel
and rasp oneSble parry or parties lee determined by th
Gran`me) who will assume the obligation of making or 1
jy completing the Improvements or such that Improve,
in their Bread as Shall heSt
satlslactory to the Grantor I •' 1'
and in accordance with the uses specified for the abeve1 .�
described property or any part thezeoP in the Viban
Renewal Plan. Upon each resaleof the property the pro
Coeds thereof.ehall be applied:
FIRST, to reimburse the Grantor, on ataown.beMlI oz. -..i
on behalf of City of Salem for all costa and expenses
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k6017 PGA 66
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incurred by the Grantor Snolndiag, bat not limited to,
I: eaiaries o£ personnel in coaneetio=wior the
hazt theEeofe•
management and resale of the property p
(but lee. any income derived by the Grantor Exch the
property or
part theceo£a aesmlents,aandiw¢tarth tan
management)i all taxes,
sewer ehazges with reapert
to tTa property or pact
thereof; any payments made oc necassazy to be made
to discharge any encumbrances ocUliens existing am'
the property or pert thereof ea e time oE�revaeting
04 title thereto ib the Grantor made
discharge or
pcevene from
or
or'being made any a�defaults, or
encumbrances or Bean due to obligations,
acts of he Grantee, its'suceesaor.' or transferees;
and expenditures made or obligations incurred with
respect to the making ox completion thztlYheceof; te
i
or any past hereof on the property Pa
and any amoonte otherwise owing Ue Grantri by the
I craned and Its Sources" er transferee.;
GHCOND: to reimburse the Grantee• its successors of
I� tiaerees up to an 'ant
to eTe cum of tba
P
price paid by it for the property los allocaDl
to Ue Part thereof) and the Cash actually invested Dy 5
it it making any c£ the LliPrwements an the property or
part thereof, leas any gains oz incwme withdraw oe mnd
by it from this conveyance =from the property.
I, Any balance remaining after each reimbursements shall be retained
It by the Grantor..
The Gsantoc shall be deemed at beneficlaxy of covenants num-
. �. bared FZRHT throng, FIFTH. and Lhe Dnited States shd11 be deemed II
.I beneficiary of the covenant numbered FIFTH. and such covenants
shall run an fnvoc of the Granter and he United States for the
entire period dnxing which such covenants shall be a force and
effect. without regard to whether the Grantor and the Dnited States
is or remains as ewnex of any land or interest theherGrantmr which
ichehe
such emvenante relate. A6 such a banefidceaxyonited Htetee in the
event of any breach of the covenant. an
event of any breach OF the covenant numbered FIFTH, sTall have the
maintnin say
sight to exaxel'ee all the xighte and ceheclpropezdre pruceedings to i
actions at law or suits in equity w,ieh bane£iaiasiam of such
m enforce the curing of each hrenehr W
roveaant may be entitled,
promptly after the completion of Lhe.above-mentioned Improve- .I
menta Sn accordance wiU the provision. of Ua Covstruetioa plana. j
the Granter will furnish the Grantee wiU,an appropriate t frument
o
o certifying in acoozdance with the term. of the Contract for Sale.
t -I Such certification {and rt shall be so provided in tRe certlHcntiO4m
itself) shall be a conclusive detexminatien of satisfaction and
` tetminaticn of the agreements and Covenants in the Contract for
sale and in this Deed obligatin4 the Grantee and ihrovements and
Successors nd'
assigns, with beginning andacompletionion of thersofh aaccordance with
the dates for hag
the terms in the sada Contract for Sale: provided, that�ifbtylmhe
1 I is upon the property a mortgage insured,
�- Federal Housing administration and the Federal Hou.ingnAdministra-
I ,I tion shall MI determined that,ell buildings ronetttnlnn£aaG asub�
{ - I
of the Improvements and covered by such mortgage ora.
I anneially emnpieted in accordance with the Contuse Greaterpand�thee
'I are ready for occupancy, than. inaa ch event.
Grantee shall accept the dot rmiaation of the Federal Housing Asi,
nietratlon as to such completion of the constrvetlon of the IDPrtve-
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BK5017 PG099
i. menta in accordance with Cansttuction Plans, and, iE.the ether
agreements and covenants in the Agreement obligating the Grantee
n respect of the construction and completion of the Improvements
have heen fully satisfied the Grantor shall forthwith issue its
lcertification.
The certification provlead far in the par-gra
ph ext above
shall be in such form as will media it to be recorded do the pro-
per office For the recordation of deeds and other lnatrumente per-
taming to the property hereby conveyed. If the Grantor shall re-
fuse or fail to provide such certification,.the Grantor shall,
within thirty (30) days after written request by the Granton pro-
vide the Grantee With a written statement, indicating in what res-
pects the Grantee has failed to duly complete said Improvements an
What measures or acts Will be necessary in the opinion of the
i! Grantor, for the Grantee to take or perform in order to obtain
such certification.
The Grantor certifies that all conditions precedent tocthe .I
valid execution and delivery of this Deed an its part have been
complied with and that all things necessary to constitute this
Deed its valid, binding and legal agreement on the terms and condi� I'r
tions and for the purposes set Forth herein have been done and pec-
£otmed and have happened: and that the execution and delivery of
this Deed on its part have been and Are in all respects authorized
in accordance with law. The Grantee similarly certifies with ref-
'': sconce to its execution and delivery of this Deed.
li -CU)Pnz i
WITNESS the execution hereof this 1'M)day E �,� y P �
i, ATTESTt SALEM REDEVELOPMENT A1r
TRORITy
BY
j � J IN
S:J%� WILLSAfI .�rS CNAIRdAN
ATTEST: THIRD HERITAGE P -EAST AESOCIAT ON
BY
THE COMMONWEALTH DP MASSAC6U6ET1
y 19]3
Then personally appeared the above-named William J. Tinti,
Chairman as ofareeaid, and acknowledged the'£oregoingp instrument
to be the free act and deed of the4Rdea t Authority. i
W G;�O ca da
G�0 % PPUBLIC
1 ' [OMMOIiW Ac+ OF MASSACHUSEiu' �Gi
I: Tv'], $ �xf-� +p£' �aff M4tN. nEDRGE.P.VALLIS
ata° 1 28 02= iu s a Am Is.675
++;wy.•ep�aAiwlda oiviaes
� �ot+airs?4.` I -.
`----...---'----....._-----.._.._....___..._----------....:.._---- :_.._......:_................_..._._._.J.' :' 5
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R601
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86017 P6090
EXTRACT from the-tonics of a meeting of the Board of DCTetms
Of The Salem Corporation held in the City of Burlfngion• s
on the 24th day of September, 1973.
IInc raaits r, upon motion made and.....dad. it
unanion—ly
NOTED That N.s. Esucc Hekox.SM, General Manager. be
and is hereby suth.ztzed to...cute for and an behalf
of the corporation, io its capacity as general partner'
of it'Third Herirage Plara East wns.datlon a limited
�. partnership, a Quit Claim Decd tabstantiall,is the farm
pme rated to Ow-eating prooidng for the pumhaae by
the a.eodation of Parcels RC-6Al6B as these parcel.
re shown an plana prepared by Whitman 4 Howard,
Engineers and Architects on July 17 and July 14,1973,
reepeutively, for a fetal p...base price of$56,000. and, '
That Mr. Bsuce piekersgill, General Mavagex, in
furNer specifically.mhosiaed to emeouta any and all
other documentation and perform and do all see%act.
and thing.as he, to his diontotite, spay eun.ider
to be ncceseary, desirable or useful far the purpose of
giving effect to this Vote to accordance with the Lerma
thereof, such eutharity to b.in addition to the euthezity
granted specifically authorised
by this Vote t.the person
i
by this Vote.
Lha undersigned, the A.tlatnn[
i Clark df The Salem CorperaHoo do
.. hereby certify the foregoing a true '
' copy of a Beselutipn presently in
j - fell fosse and U..t which was
passed at a coveting of the Beard i
I Director. of Th.Company duly
called and held on the 24th day of
Septembaz,1973.
ore, s
r lei �.
o i €
^ e
Sim......
1
ESSEX SS.RECORDED �an�19V_4j�i•P25T u /0M INST.
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BK61-96 P6036
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D E E D
i SALEM PEDEVELOPHENT AUTHORITY, a public body politic and
corporate, duly avganl2ed and existing par...nb to the General Lu
cf M.....h...tea, having its office in Salem, I.... County, M--"-
ch...tts,
assa-ch...tts, in ....ideration of Fifty-Six Thousand Five Hundred
($56,500.00) Dollars paid, grants to TRIAD HERITAGE PLAZA-EAST
SSOCIATION a t > er hie d existing under th¢
One S.1p_0,b,. aws of the Co,d ....lth of Massachu..sea. having 1 ce I. -
$w+.uAa Salem, Ease. County, Maseachuaatte, with'OUITCLAIM COVENANTS{'all
`I Sok.•W" its right, title and interest in and to the following described
land,
PARCEL I:
A certain parcel of Land, situated an Church Street, Salem, being
shown a. Parcel RC-6A on a plan entitled, Property Plan Pivject
No. Mae.. R-PS, Heritage Plaza East, Salem Redevelopment Authority,
Salem, Maes., Scale: 1" - 20', July 17, 1972, Whitman s Howard,
Inc., Engineers and Architects" recorded with Essex South District l
p( Registry of Deeds, bounded and described as follows:
Sc. O1M
049l.f l4gJ NORTHERLY by Church Street, seventy-five and 45/100 (75.45)
Not:
EASTERLY and shown
n said plan, seventy-eight
d (75.0 S)
SOUTHERLY by Parcel RC-6E, as shown on said plan, seventy-£outs
and 30/100 (74.30) feat;
WESTERLY by Parcel P-6, as shown on said plan, seventy-seven
and 98/100 (77.98) feet.
Said parcel containing 5,044 square feet of land according to said
plan.
l PARCEL II:
A certain parcel of land,situatad at the rear of Church Street and
I being shoo as Parcel RC-6B on a plan entitled, "property Plan
Project No. Masa. R-95, Heritage plaza Mat, Salem Redevelopment
Authority, Salem, Mase., Scale, 1" m 20', July 14,1972, Whitman
a Nowavd, Inc., Engineers and architects" recorded with said
Registry of Deeds, bounded and described as follow..
I. NORTHERLY by Parcels P-6 and AC-6A, as .hewn on said plan,
one hundred fifty-five and 67/100 (155.67) feet;
EA6 my by 2cpown an said plan, eighty and
7 /100 (8072) fact;
SCUTHERLY ' by Pascal RC-7A, as shown on said plan, eighty-
�' I three and 3/100 (83.03) feet; nineteen _
i. . EASTERLY b pLan,said Parcel Rc-7A, as shown on said
and 26/10D (19.26) feet;
SOUTHERLY by nPP .. Said plan, seventy-eight
and 92/100 (70.92)9 feet;
' IwE...Fly by said Parcel P-6, as he. on said plan,-ninety
four and 55/100 (94.55) feet.
Said parcel containing 14,098 square feet of land, according to
,i said plan. 1
The above two parcels combine to make ane building lot.
see Order of Taking by the Salem Redevelop-
For title reference, I )
Dent Authority, dated February 1970, recorded with Essex youth
District Registry of Deeds, on February 21, 1970. in Book 5668,
Page 220. I:
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A :d
k61.96 PG 039
i
Jo a from the
-1-
eed
This deed is given en codater9 Seotembac 277v1973,drecorded with
grantor to the Seentecr P
said Registry of Deeds, Book 6017, Page 85. i
This Geed is made and exeeutod upon and is subject to cer-
tain express conditions and covenants, said conditions and cove-
cents being a part of the consideration fox the property hereby
conveyed and are to be taken and construed as running with the land
and upan the continued obe¢rvonee of which and each of which, with
the ole exception of too,enento numbered FIRST
and
hall FMdopend, and
continued existence of the estate hereby granted
the Grantee hereby blade itself end its sureessozs. assigns,
heao covenants and conditions
grantees, and lesaaea forever to t
which covenant- and eonditione are ae follows:
FIRST: The Grantee shell devote the property hereby con-
veyed only to the uses specified in the applicable provisions of
the Urban Renewal Plan or approved modifications thereof;
SECOND: The Grantee shall pay real estate taxes or assess-
menta on the property hereby conveyed or any part thereof when due
and shall not place thereon any encunbranoo or lien other than for
temporary, and permanent financing of construction of the Imp=
ments on the property hereby conveyed as provided for in the Can-
' struct01, PartsIFaofrthe contractthe 0fort Saler dated thence 22ndltday of
Geon 601,
December, 1cont between the parties hereto, (hereinafter i referred
ca as the
contract for sale"j which contract for Saleisfilte
in the office of the City Clerk of the City o[ Salem,
tio,wl funds, if any, in an amount not to exceed the consideration)
herein specified, and shall not suffer anylevy or attachment
pent too be
mode or any Other' ancuse renc. or Lien to -ttach,.wi
011 of the far egotng, until the Grantor certifies that all buildinyl
construction and other physical improvements specified to be done I
and made by the Grantee have been completed
in accordance with the,
terms in the Contract fcs Sala, v m
TBIRD: The Grantee shall commence promptly the construc-
tion of the aforesaid improvements on the property herein conveyed
in accordance with the said on,astraetion plans and shall prosecute
id
accordentlance withe th onthe schedule setruction of sforthpinvthen said Contts to ractiforin
Sale, as amended.
FOURTH: Until the Grantor certifies that all the aforesaid
Improvements specified to be done and made be theconGranteephaveebe
completed, the Grantee shall have no p
hereby conveyed or any part thereof without the prior written con-
sent of the Grantor except t0 a Mortgagee of T;nateexcept as e under a Mort-
- gage or
,and If Trust pe omitted by this Deed, Lhere
security for obtaining financing permitted by this ones,
dan transfer,
shall be no transfer, and the Grantee shall not perm Y
by any Party, owning ten percent or more of the -tock of the Grantee
of such stock, nor shall there be, r be eOff esed to be by the
Grantee, any other similarly significant change in the
wi'thrzespeoi
such stock or in the re]affi=kSeadie control -2 theribution oGreatee or the
to the identity of the por
degree thereof, by any other method or mean-, incl-d"91 be
othat
limited to, increased capitaliratian, merger, corp
amendments, issuance of additional or new stock or class SfLcation
of stock, or otherwise;
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i BK6196 PG040
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' a
FIFTH: The Grantee agrees for Itself and any Successor in
interest not to discriminate upon the basis of race, color, sex,
religion, OY national origin in the tale, lease or rental or in
the use or occupancy of the properky hereby conveyed or any past
thereof or of any Improvements erected or to be erected thereon or
I'. any part thereof.
The covenants and agrsemento Contained dlI- t eecovenannts
l' numbered FIRST shall terminate an March 23,
and agreements contained in covenants numbered issues, THIRD, and
tifi-
FOURTH shall terminate on the data the Grina
antor issues the Cterm
care of Completion as herein provided except only that the terminal
^, tion of the covenant numbered SECOND shall in no way be contested
- y real estate taxes
to release the Grantee Exam its obligation to pa
or assessments on the property batcby conveyed or any part thereof(
IIS I The covenant numbered FIFTH shall remain in affect without any
limitation an to
ti-a-a case of the breach or violation of BUY One of the eove_I
l nests avmbered SECOND, THIRD and FOURTH at any time prior to the
time the Grantor certifies that all building construction and other
(physical improvements have been cam plated in accordance with the
rm
tes In the Contract for Sale and in case Such branch or Such
violation shall at be sated, ended or remedied within sixty (6O)
days after written demand by the Grantor So to do with respect to
L „ covenant nH and three (I) months after written demand
umbered FODRTered
Iby the Grantor so to [hatiahbceachcortviolation twith�brespect st�onthe
and TNIRD (Provided, deal in with completion of thel
portion of covenant numbered THIRD, remedied wrLfiinSi- (61 months
Improvements may to used, ended, _
.after written demand by theGrantor ahetnraneor Se Sia soletdiston-
I
Sion thereof that may be g Y
cretion, than all estate, conveyed under this used, shall cease
to and datetmine, and title in fee simPaitsihe successorsall or aSSignoko
j and become reverted in the Grantor, or in it,
-and such title shall be reveeted fully and camhall letelbe entitlad�to
i Che said Grantor, it-
and
or assigns,
and may of right enter upon and take posneeeLon o£ the
said pca-
petty:.provided, that any such revesting Of title W the Grantor:
(1) Shall always be subject to and limited by, and shall
not defeat, render invalid, of limit in any way
I' E (i) the lien of any mortgage or Deed of Trust
I
I' ( permitted by this Deed; and
(ii) any rights or interest. provided in the Contract
for Sale for the protection of the trustees of any
such Deed of Trust or the he
oE.any such
- mortgage; and
(2) In Nc event that title to the said property or part
thereof shall revest Ln the Grantor in accordanne with
the provisions of this Deed, the Gsentor shall pax- I
applicable law us?
Stant to its responsibilities under
Its bas[ xf£crY9 to resell the property or part there
i e liens as hereinbefore Be
of (subject to such mortgag
j forth and Provided) xs soon and in such mantas as the
Grantor shall find feasible he
of thenUrbannRenewaltPlan II
j objectives of such law, P or artier (as y
.0 a qualified and responsible pasty
I ho will assume the oblige
determined by the Granebr) w
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9K6196 P6040
-3-
FIFTH: The Grantee agrees for itself and any successor in
interest or to discriminate up.. the basis of sect, color, ser,
raligics, o= national origin in the. sale, lease or rental or in
the use or occupancy of the property hereby conveyed ed any part
thereof or of any lmprovements erected or to be .reeked thereon or
any part thexeaf,
The 0....ants and agreements contained in the covenant I..
numbered FMT shall terminate an March 23, ed12. The THI , ad
and agreements cantalned in ....sent. nvmbecd SECOND, TNSRDand -
FOURTH shall terminate on the date the Granter issues the certlEi-
c to of Camplotion as herein construed
provided except only that the termina-
tion of the covenant numbered SECOND shall in no way b-
pay
to release the Grantee from its obligation to pay real a=tetheY of L
or assessments on the property hereby conveyed or any p
Tho cov0nant numbered FIFTH shall remain in effect withaue any
filtration as to time.
In case of the breach or violation of any one of the rnve-
s Rants numbered SECOND( TNIPO and FOURTH at any time prise to the
time the Grantor certifies that all letedbuildain accordance wiihdkhah
physical impxlvemalts have been ramp
-- each breach or eah
terms in the Contract for Sal* and nis remedied within sixtyc(60)'
violation shall not be cured, endedo
days after written demand by the Grantor so to do with tten demand
.pect to
covenant numbered FOURTH and three (3) months after writt
Eby the Greater no to do with
brespecarcviolacovenants
nuu eoPsoted EhoNth
and THIRD (provided,
portion of covenant numbered THIRD, dealing with comt
pletion o£ hat
Improvements may be cured, ended, ¢L cemedled within six (er months
after written demand by the Grantor so to do) or any further ext¢.-
s dis-
Sion thereof that may be grants d by the GraREOL Sn ehallicases
oration, than all astute, too a
rimula tatehe Dee .haa revert G1 1
ins and title in P d n1
and detexm ,
and beerint revente3 in the Grankor, of Lta succItslis or ass g
and such title shall ba ravested fully and coaplately entitle8nto '
the said Gmantur, its successors or assigns, hh
1 and may of eight 11 be
enter upon and take poseeesiln oC trite said pra-
, party: Provided, that any sues reveoting o£ title to the Granton
(1) Shall always be subjeet'to ed bonand shall
not defeat, render invalid, or limit
(i) the lite of any mortgage 1x Deed of Trust
permitted by this Deed; and .
(ill any rights or interests provided Sn the Contract
for Sale for the protraction of the ==rose £ any
),I such Deed of Trust or the holders of.any such
. .;I mortgage; and :..
�.. (2) In the event that title to the said property or part
i thereof shall revert in the Grantor n accordance with
PUT-
he provisions of this Deed, the Greater shall pus-
.dant to its responsibilities under applicable law
no-
toart t ere-
resell the property or p
of (subject to such mortgage liens as Rezcinbefore, set:
forts and provided) ae 0111 and in such manse= as tit?
Grantor shall find feasible end ....intent with the
j objectives o: such law, and of the tlrban ReRewal'plan 1!
re a qualified and responaible pasty or pasties (as
determined by the Grantor) who will assume the oblige-
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BK61'96 P6041
i
it Gion e£ making or complaeing the Improvements or such
other Smprovemente in their stead as sha11 ba satis-
Eaetory to the Grantor and in accordance with the uses
i ' sppecified for the above described property ox any part
thereof in the Urban Ronewfll Plan. Upon such resale
of the property the proceeds thereof shall he applied:
FIRST: toreimburse the Grantor, on its awn behalf or
•
ciTyehalf of City of Salem for all costs and expenses
incurred by the Granter'including, but not limited to,
salaries of personnel in connection with the recapture
management and resale of the property or part thereof
ibut
ocan with Such the
roperty orart t ereofiusatio
management); all text., assessments, and water and
..,or chargee with respect to the property or part
thareoE; any payment- made or necessary to be made to
III discharge any encumbaaneea or ifene existing on the
i * property or part thereof at the time of revesting of
title thereto in the Grantor octe discharge or prevent
from attaching or beingmade anysub¢. t encambsansa
I" I or liege due to obligations, defaults, as acts of the
Grantee, its so.....are, or transferees; and eapendi- I
tures made or obligations incurred with respect to the
l
making or completion of the Improvement- ar any part AI
thereof on the property or part thereof; and any amoun s
othero,lat owing the Grantor by the Grantee and Ste'
successors or transferee.; and
S CDND: to reimburse the Grantee, its .uecesaore at
eransarea$ up to an -mount equal to the sum of the
purchase price paid by it for the property '(os allo-
cable to the past thareoE) and the cash actually
invested by it in making ay of the Improvements on
the property or part thereof, levo nay gains or Sneome
�'- withdrawn or made by it from this conveyance or from
the property.
Any balance remaining after such reimbursements shall be retained
�by tb Grantor.
The Grantor shall be deemed a beneficiary of rovenania um-
bared FIRST through FIFTH, and the United Stets. shall be deemed a
beneYioiary of the covenant numbered FIFTH,.and such covenants
shall run Sn favor .f the Grantor and the United States for the
entire period during which such too....t...hall be Sn force and
laffect, without regard to whether the Granter and the United State.
I. or rem.lna an owner of any land er jet....t therein to which
suah covenant. relate♦ As( such a beneficiary, the GrStates anter in the event of any breach of the Covenant, and the United in the
event of any breach of the covenant numbered FIFTH,
Shall h the
right-t. exercise all the rights and remcdiee, and to maintain any
factions at law or suits in equity ox other proper proceedings to
enforce the curing of such breach, to which beneficiaries of such'•
covenant may be entitled,
I' Pretgotly after the completion f the above-mentioned Im-
provements in accordance with the provioi.ns o4 the Cocaaction
plane, the Grantor will furnish the Grantee with an app p
traetafor tSale
go Ce Such certificationing I. n(andg. iterm-th the f
it shall be -0
I
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I,I
.....................................................—._.........._................m;........
BK6196 PGO42
I
in the certification itself) shall be a conclusive determination of
satisfaction and termination of the agreements and covenants in the
Contract for sale and in this Deed obligating the Grantee and its
succes6ors and assigns, with respect to the cenatructieo of the Tm-
provemants and the dates for beginning and completion thereof in
accordance with the terms in the caid Contract for Sale: Provided,
that if there is upon theproperty a mortgage insured, cr, e� r
owned, by the Federal Houing Administration and the Federal Hous-
ing Administration shall have determined that all buildings consti�
tuting a part of the Improvements and covered by such mortgage are,
in face, substantially completed in accordance with the Construe-
. tion Plans, and are ready for occupancy, than, in such event, the
Granter and the Grantee shall accept the determination of the
Federal Housing Administration as to such completion of the construe-
- tion of the Improvements in accordance with Construction Plans, and,
if the other agreements and covenants in the Agreement obligating
the Grantee in respect of the construction and completion Of the
Improvements have been fully satisfied the Grantor shall forthwith _
issue its certification.
The certification provided dor in the paragraph next tbOVC
i shall be in such form as will enable it to be recorded in the pro-
per office for the recordation of deeds and other instruments per-
taining to the property hereby conveyed. If the Grantor shall re-
fuse or fail to provide such certification, the Grantor shall,
within thirty (30) days after written request by the Grantee Pro-
vide the Grantee with a written statement, indicating in what res-
pects the Grantee has failed to duly complete said Improvements arta
what measures or acts will be necessary, in the opinion of the
i Grantor, for the Grantee to take or perform in order to obtain
such certification.
The Grantor certifier that all conditions precedent to the
valid execution and delivery, of this Deed on its part have been
complied with and that all things necessary to constitute this
Dead its valid, binding and legal agreement on the terms and condi
tions and for the purposes sot forth herein have been done and per
formed and have happened, and that the execution and delivery of
this Deed on its part have been and are in all respects authorized
in accordance with law. The Grantee similarly certifies with ref-
erenea to its execution and delivery of this aped.
WITNESS the execution hereof this to day of July, 1975.
ATTEST, SALEM REDEVELOPMENT AUTHORITY
dZ
AT7ESM1'� /1 ,I Y
GE
THIRD HERITAGE ASSOCIATION
/Vn,U,I'✓//VVf '1(111L TH ;NELriGE PL �ICAi/oN
2cu C[(u�PS 64:
- THE COMMONWEALTH OF MASSACHUSETTS j
Essex, es. July�? 1995
.i Then personally appeared the above-named is eves J. Olceo ,
[hainnan as aforesaid, and achnowla ged he forego instruments I:L.
to be the free act and deed of the Sale Ra eve m at Authority.
IgJEOear 1.
I/NGTner PDGLICBLIC
MYYY"'LOMNISVION QPIeE6 11.
ESSEX E5. RECOMM_!T 9- 19VS�- PAST.L ly ISST.aBf
j
I I
I �
6K6196 PG044
CERTIFICATE OF COMPLETION
Tune 2, 1975
Sam P.EDEVELOFMENT AUTHORITY, a public body politic and
corporate, duly organized and existing pursuant to the General '..
Laws of Maseachuseets, having its office in Salem, Essex County,
M....chusette, the grantor in a deed to Third Heritaee Plaza-East
1 Association, said deed being dated September 27, 1973, and
recorded with essex South District Registry of Deeds, Book 6017,
Peg. 85, hereby certifies that all work required under the
Contract of Sale between said parties and referred to in said
deed has been performed in accordance with the terms thereof
and that no exceptions exist.
IN WITNESS WHEREOF, said Salem Redevelopment Authority
has caused its name to be signed and its corporate seal to be
hereto affixed, by Lawrence J. Olsson, its Chairman, thereunto
duly authorizad, this led. day of June, 1975.
';am REOLVELOPMENT AUTHORITY
BY
AAEENCE T.�O[¢ O CHASNMAN
1, b COMMOINCEALTH OF MASSACHUSETTS
j Essex, ss. June 2, 1975
I
Than personally appeared the above-named Lawrence J.
Olsson, Chairman as aforesaid, and acknowledged the foregoing
instrument to be the free act and deed of the Salem Redevelopment
Authority, before me,
_ B ata I.VAtli
NM.M.aYa4C
DEC le, I.,. F
dS5E8 SS. dECCRDED 2�01 1 ✓� . PAST
I
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PURCHASE ORDER
Fiscal Year 2011 Page 1 COMMUNITY DEVELOPMENT
-7 (978) 745-9595 EXT 5692
Purchase OO/ OZ9O8-OO 120 WASHINGTON STREET 3rd FI
Order#
SALEM, MA 01970
•
LANDWORKS STUDIO INC COMMUNITY DEVELOPMENT
(978) 745-9595 EXT 5692
112 SHAWMUT STREET 6B 120 WASHINGTON STREET 3rd FI
BOSTON, MA 02218 SALEM, MA
01970
•
qpG- 3033
',Vendor Phone Number' lVendor F ,.Number... Requisition.Number: 1� Delivery Reference.,`
617-399-0657 617 00003213
DateOrdere.d- Vendor Number, Date Required FreightMethod/Tefnns,e; :Department/Location
09/20/10 019021 09/20/10 COMMUNITY DEVELOP
-"""'Cost Each^`•^"^,r -^'*^"*:Extended-
Price-001 salem green plaza design study 1.0 5000.00000 5,000.00
Each
2432-200-000-050-00-000-0-0-5713 5,00.0.00
PO Total 5,000.00
a
CITY RECORDS INDICATE SUFFICIENT UNENCUMBERED FUNDS
CITY OF SALEM ARE PRESENT IN THF$LIDT ACCOUNT.
PURCHASING DEPARTMENT
• 120 Washington Street, Aaaaoveo BY ,�/f// 7lLliLf
SALEM, MASSACHUSETTS 01970 Thomases Watkins
TEL (978) 745-9595 FAX 19781 744-5918 ACTING PURCHASING AGENT
SALES TAX EXEMPTION #E-046-001-413 INOT VALID WITHOUT CITY PURCHASING AGENT'S SIGNATURE)
Last Transmission Feb.14.2011 03:01 PM
Name : City of Salem, Dept. of Planning
Tel : 9787400404
Date Time Type ID Duration Pages Result
Feb. 14 03 : OOPM Send 916174263033 00 : 27 1 OK
t -
CITY OF SALEM
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
MEMORANDUM
TO: , Julia Medina
FROM: Toni Daniel
SUBJECT: PO for Landworks Studio (Salem Green Plaza Design Study)
DATE: September 17, 2010
Please set up a purchase order for design services for the Salem Green plaza in the amount
of$5,0000.00. The funding source is LTDAG.
The PO should be made out to Landworks Studio.
Landworks Studio
112 Shawmut Avenue, Studio 68
Boston,MA 02118
Thank you.
r
Z %1 1 t•31 1
Salem Five Square
Landworks Studio Scope of Services and Fee Proposal
September 07,2010
Landworks Studio is pleased to present this proposal with respect to Landscape Architectural services for the
above referenced project.We are thrilled to be considered for such an interesting and challenging commission.
Design Process
Working in close coordination with The City of Salem,Landworks Studio proposes to establish a clear,new
direction for the urban courtyard adjacent to the Salem Five Bank.This new direction will emerge from a careful
and succinct design process(a single phase,design/production)informed by input from various abutters,
stakeholders and city agencies having jurisdiction over the work.
We are aware of the urban significance of this courtyard and its capacity to improve the public experience and the
experience of restaurant goers and lunch time visitors.Further,we are mindful that a rejuvenated Salem Five
Square would become a catalyst for addition urban development along the perimeter and a more appropriate
space commensurate with the presence of a rejuvenated City Hall.However,we are also aware of the extreme
economic state in which we are working.Therefore,we propose a 'small,medium, large'approach to this project,
whereby we explore a range of ideas that aranging in order of magnitude from a budgetary point of view.
Landworks Studio anticipates a six week design process that shall include presentations to the Design Review
Board and SRA as necessary. Landworks Studio will produce those drawings necessary for the reliable pricing and
construction of all proposed work.
Excluded from our scope of services are the following:professional renderings and models,engineering services
of any kind
Fee:$4,750
Fee excludes reimbursable expenses(not to exceed 5%of total fee)
If this proposal meets with your acceptance,please sign and return to this office at your convenience.In the
meantime,we are prepared to begin work on your authorization to do so.
Appreciatively,
Michael Blier.RLA,ASLA
Principal
it A entA�L AILAW-�,-
CHURCH STREET
N78°-41'-32"E
N78°-30 -10 E - 40.56 _-74173
79.251- 20.00 34.89 A
v
o m MARY A.TASSINARI mj'o ''
N N 13:
R - 3 r >
o Ire ° 1--
RC-6A <
a
q
79.81
378°-39,-15°W nl" rl j
„1 P-6 IZ r ¢ r .
T
1= n/stk. SALEM REDEVELOPMENT n/sick. AUTHORITY PK.spk.set ' m
set 81.37 _s_e 74.30 _ — a
oEN 155.67
IAalv� w 0
W - 6B NW
O4,098 S. F. o>� O ,dtooaWa
n/stk. 0
-set 83.03 -- 1800-578°- 23 - 52' WWLPK.spk.
set
mN RC-7A
n/stk, S83 -04-24W
set n/stk. a m
P- 6 set p
1� SALEM REDEVELOP ENT / AUTHORITY m
' ESSEX 76V OF bmt`S 50.DIST.SALEM,Mg55.
Rad.d- .x719. 3 r•111t SALEM
FIVE CENT I\
SAVINGS
BANK ESSEX ST.
NFt¢SF. �,pb' �'•�yP1'1FljJ
Approval underthe Sub71Ud vista Dwot' NOTE: Interior property lines fined by
Control Law not required. deeds,assessors plans,record information -
PLAN I 0 and field survey, Bearings
SAL M
are based upon Mass. State Grid.
1
Dote:
PROPERTY PLAN PROJECT N2MASS.R-95
HERITAGE PLAZA EAST
�� 4xs4JN- 7"r SALEM REDEVELOPMENT AUTHORITY
SALEM , MASS.
SCALE I" 20' JULY 14, 1972
WHITMAN fi HOWARD, INC. ENGINEERS 4N0 ARCHITECTS
� 69 BROAD STREET BOSTON, MASS,
cR-
2-160
i
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M rn
l• , e
aF0�1's.,s1
nssru.a8tmgss..
Re� 01g5_tiu- 931923 �a� )
I
CHURCH X-CUT
STREET
set
nseik N78°-30'-10°E N78°-4l�- 32°E rX-CUT set
20.00 " -- 34.89 40.56 - 74.03
0 O
S 3 =
R -3 Qo RC - 6A a %'
MARY A. ill m w F'
TASSINARI " ^ b i I
g n
coz ^ AREA = 5t844 S. F " W
Um—
-
t J
0
JO U
U 0 >
> U
U 0
o U J
U Q
Q
74.30
n/stk' 378°-3015°W
set 5Pk.1' I
W
P se{ J
a
LU RC - 6B
QN
r
N O n
;
RC-7A
Approval under the Subdivision NOTE. Interior property lines fixed by .
Control Law not required. deeds,assessors plans,record information
SAM PLAWBand field survey. Bearings are hosed
upon Moss. State Grid.
Date:
jPROPERTY PLAN PROJECT N°MASS R-95
r�<<y HERITAGE PLAZA EAST
SALEM REDEVELOPMENT AUTHORITY �
SALEM , MASS .
4\'S:
SCALE 1" = 20' JULY 17, 1972
WHITMAN 5 69 BROAD STREET WARD, INC. ENGINEERS AND ARCHITECTS
MASS.
2-160
QUITCLAIM DEED 2Z0310115001415IIIIBIkIli199918�lPg:504
0711512003 12:44:00 DEED Pa 1/3
I, GARY B. SIMON, TRUSTEE of the SALEM GREEN REALTY TRUST, u/d/t dated July 20,
1984, recorded at Essex South District Registry of Deeds in Book 7473, Page 2, with principal
place of business of located at 10 Newbury Street, Boston,Massachusetts 02116,
for consideration paid, and in full consideration of Four Million One Hundred Sixty Seven
Thousand Five Hundred and 00/100 Dollars($4,167,500.00),
grant to SALEM GREEN REALTY COMPANY, LLC, a Delaware Limited Partnership
Company, of 100 Hano Street,Boston,Massachusetts 02134
with QUITCLAIM COVENANTS:
All those certain lots, parcels or pieces of land with buildings and improvements thereon erected
or to be erected, situate, lying and being in the City of Salem, County of Essex, Commonwealth
of Massachusetts, bounded and described as follows:
PARCELI:
A certain parcel o f land, situated on Church Street, Salem,being shown as Parcel RC-6A on
Plan entitled, "Property Plan Project No. Mass. R-95, Heritage Plaza East, Salem Redevelopment
Authority, Salem, MA, Scale: 1"=20', July 17, 1972, Whitman &Howard, Inc., Engineers and
`h Architects recorded as Plan No. 493 of 1973, bounded and described as follows:
V
NORTHERLY by Church Street, seventy-five and 45/100 (75.45) feet;
EASTERLY by Parcel P-5, as shown on said plan, seventy-eight and 5/100
(78.05) feet;
OSOUTHERLY by Parcel RC-613, as shown on said plan, seventy-four and 30/100
(74.30) feet;
WESTERLY by Parcel P-6, as shown on said plan, seventy-seven and 98/100
(77.98) feet.
PARCEL II:
A certain parcel of land, situated at the rear of Church Street and being shown as Parcel RC-613
on a plan entitled "Property Plan Project No. Mass. R-95, Heritage Plaza East, Salem
Redevelopment Authority, Salem,MA, Scale: 1"=20', July 14, 1972, Whitman &Howard, Inc.,
Engineers and Architects"recorded as Plan No. 493 of 1973, bounded and described as follows:
2003011500454 WOMB P9;505
01116/2003 12:44100 DEED PB 213
NORTHERLY by Parcels P-6 and RC 6A, as shown on said plan, one hundred
fifty-five and 67/100 (155.67) feet;
EASTERLY by Parcel P-5 as shown on said plan, eighty and 72/100 (80.72)
feet;
SOUTHERLY by Parcel RC-7A, as shown on said plan, eighty-three and 3/100 .
(83.03) feet;
EASTERLY by said Parcel RC-7A, as shown on said plan nineteen and 26/100
(19.26) feet;
SOUTHERLY by Parcel P-6, as shown on said plan, seventy-eight and 92/100
(78.92) feet;
WESTERLY by said Parcel P-6, as show on said plan, ninety-four and 55/100
(94.55) feet. -
The above two parcels combine to make one building lot.
The within conveyance is made subject to and with the benefit of all easements, covenants,
restrictions, agreements and conditions of record insofar as the same maybe in force and effect,
including, without limitation, those conditions and covenants set forth in said Deed from Salem
Redevelopment Authority to Third Heritage Plaza-East Association dated September 27, 1973
and filed with Essex South District Registry of Deeds in Book 6017 at page 85, and
Confirmatory Deed in Book 6196 at Page 38, as affected by that Certificate of Completion dated
June 2, 1975, and recorded with the Essex South District Registry of Deeds at Book 6196, Page
44.
Being the same premises conveyed by Deed dated July 23, 1984 and recorded with the Essex
South District Registry of Deeds in Book 7473, Page 8.
Witness my hand and seal this S T4 day of January, 2003. r
Gary B. imon, Trustee
0 h 8 P O Salem Green Real Realty Trust
o tb
U ❑ o �
0 1
C LEC
NDN
' W UP
WW
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1003011500454 Bk;19998 Pg;505
01/15/2003 12:66:03 DEED Pp 313
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. January L-52003
Then personally appeared the above-named Gary B. Simon,Trustee of the Salem Green
Realty Trust and acknowledged the foregoing instrument to be his free act and deed,before me,
Q/hV j b Alt SFAN Notary Public
My Commission Expires: )Z/ 3) ' u 1�
D:\Clients\Copley InveslmentASecured Realty,Inc.\QUITCLAIM DEED.doc
i
!
h BK6196 PG043
EASEMENT
t SALEM REDEVELOPMENT AUTHORITY, a public body politic and
Ij corporate, duly organized and existing pursuant to the General
�IsWB of Massachusetts, having its Office in Salem, Essex County,
> Massach...tts, (hereinafter called Grantor), in consideration of
1'0ne Dollar ($1.00) and other good and valuable consideration paid,
t 1 !1 grants to THIRD'HERITAGE PLAZA-RAST ASSOCIATION, a limited partner-
i 1 hi or anized and existin under the laws'o£ the Commonwealth of
Oxs So�i..�rw. asset use s, aving s o ce in Salem, Essex County; Meseachu-
at/,p setts, (hereinafter called Grantee), the right and easement, as
hereinafter set forth, to construct, install and erect in.the -
i (ground and subsurface, six concrete footings located under land
Il of the said Grantor situated in Salem, Essex County, on the follow
D jog described'parcel of land, shown on a plan of lend entitled',
q "Plan Of Subsurface Easement, Salem, Mass., Dated; February 6,
1 fi ,1974Scale: 1" a 20', Harry y R. Feldman, .Inc., Surveyors" to'be
,!recorded ` , bounded and described as follows;
�1 NORTHERLY by Church Street, sixty-seven and 84/100 (67.84). feet
`I WESTERLY by other land of the Grantor, eighty-one and 35/100.
I I (81.35) feet; '
j SOUTHERLY by Parcel RC-6B, as shown�On said plan, three;and
y 25/100 (3.25) feet:
EASTERLY by Parcel RC-6A, as shown on said plan, seventy-seven
and 98/100 (77.98) feet;
�I SOUTHERLY fby sC iveaid Parcel 8 OSA95)sfeeUm,on said plan, seventy-
( a 45/
EASTERLY by Church Street, three and 25/100 (3.25) feet,
! i !which easement is to become established by the construction, -
installation and erection of said concrete footings on said land
1
of Grantor.
e r 1 It is agreedthat the Grantee.shall indemnify and hold
!harmless the Grantor, its successors and.aeaigna, fr. any and all
( 'costs, damages, claims, actions or suits for or on account of loss) _
¢ „ or damage to property or injury to persons caused by the negligence
of the Grantee, its agents, employee. and assigns and the exercises
by the Grantee of the easement
hereby granted provided, however,
that the Grantee shall not be responsible for such teats, damages,) .
j claims, actions or suits to the extent they are caused by the
negligence of,the'Grantor, its agent.; employees and assigns or by
j ;the negligence of third parties. •/(
P WITNESS the execution hereof, this. $ay of July, 1975. _
'SALEM LOP NT AUTHORITY
HY
j J Lilies ..
i RENC J. O SON, CHAIRMAN ,
THE COMMONWEALTH OF MASSA SETTS
h Essex, se.• July`� 1975 t
- Then personally appeared ih ab -name Lawrence J. Olsaone
��4i Il Chairman as aforesaid, and acknow dged the r going instrument t
{t,.^ be the free act and deed of the ale. Re eve ant
Authority..
k' ..Rat P.VALWN4
'NOTARY PVeUO
W.c1.N13sION EXPIRES
i pam Is. 1815
ESSEX SS. RECOF.bED '/' 1 104 •PAST_LIL.GLM IN
ST.# ��
i I
,
BK 631. PG71!2
I �
SALEM REDEVELOPMENT AUTHORITY, a body corporate and I �,
politic organized and existing under the laws of the Commonwealth
'hereinafter referred to as °Afor
uthority°) t
I'
of Massaehusattsr ( 9.
- of less than one Hundred Dollars ($100.00)
nominal consideration ,
HERITAGE PLAZA-EAST ASSOCIATION, a Massachusetts
grants to THIRD
limited partnership, (hereinafter referred to as °Developer°) and ?.
having its usual place of�business at One Salem Green, Salem,
Ha sachusett,, all of its right, title and interest, subject to t P
appropriate terms land conditions as set forth in an Agreement 'G ,
between the S&1em;Off-Street Parking Cummie,lon and the Authority yi f
datedOctober9, 1975, to be recorded herewith, the following II •'
f I p1
rights and easements,
1. The right and easement to use the under-id- of the
Parking facilst�
lowest parking level of the off-street automobile p 9
(East India Garage, ,o-called) (hereinafter called -garage") to
exact, attach, hang, use, maintain, replace and repair ceilings
�•`
for the mall, air-conditioning and heating unit,, pipes, cables, '.•1
conduits, ducts,;venter wires, hangers, plumbing,drains and
II sprinkler unite and such other equipment as may be necessary or
appropriate-for the construction, operation and service of a
' p
shopping center, (hereinafter called "mall") to be established `•" +:
j
{ and constructed on Parcels RC-5, R-4 and ACS-7 and in portions of 'I Y,.
the air space over Parcel RC-5, which parcels are shown on a plan) S ,
yr
. ( _ entitled, "Property Plan, Project No. Mass: R-95, Aeritaga Plaza
- 20{
East, Salem Redevelopment Authority, Salem, Mass,r Scale: 1" fa
3974,
Whitman 6 Howard, Engineers a Architects"]
dated December 13,
to be recorded herewith.
.1 2. The right and easement to use and adapt the footing,
wall of the garage for the
_ 4 I and columns Supporting the Southerly
construction, -iteration, relocation, maintenance and repair of
footings, columns and other means of support of the abutting
i
I
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li BKG317 PG713
I
I4 I
Zstructure to be'erected on said Parcel R-4 and RCS-7, on said plant
II 3. The right and easement to attach materials to the
Icolunm, and other means of support of the garage and any pipes,
l conduits, cables, vents or other appurtenances to the garage
� 'which may pass through or immediately adjacent to the mall and to
I {
yl ilimprove or enclose said columns, supports, pipes, conduits, cablesi
vents or other appurtenances as appropriate for the final improve-[
�Imants, finishing the design of the mall.
4. The right and easement to alter and fill the garage
'walla which arecommon to or abut the mall (along appropriate
L- Ii
iicolumn lines) incident to the construction, maintenance and iI,
11repair of a fire wall or walls to achieve the necessary fire- i 1
!rating along or.adjacent to column line on the second and third -
i I1.
• IQovels of themsll.
q
i S. The sight and easement to use the exterior of the
garage to install, maintain, and repair flashing and other ,
i
:materials for waterproofing protection whets the garage and the
mall or portions thereof abut.
6. The right and easement to attach pipes, venks, ducts
�.and other ventilation equipment to the exterior walla of the
garage near or adjacent to the mall.
7. The right and easement to construct and finish a
by ` wayof pedestrian accessbetween the garage and the second level
lo£ the mall which is to be located within parcels A-4 and AC5-7,
on said plan, including to alter, finish or remove portions of thei >
Er t ��,_
FFr ,
A L jiwall of the garage and improvements incidentthereto in connection I
Ill with the construction of said way of access. I,
i
1 6. The right and easement of free and unimpeded passage i {;
.r
SK 6 3 17 PGJ 14 I
I
I. -;-
rl through and over an area immediately in front of each exit door
...'
to be located on the second level.of the all for a Bingle entrance
way, which is to be located within Parcels R-4 and RC5-7, on said
plan, exiting into;the garage.
9. The right and easement to install, locate, use,
1,
' maintain, rePlace,,and repair pipes and vents on Parcels RCS-1
and RCS-4, as shown on said plan, and to attach said pipes and I
-vents to the walls and roof of the garage located on and over
I
said Parcels.
10. The right and easement to enter the Salem Off-Street
jParking Commissionls premises during or after construction of the 1`
(garage for the purpose of maintenance and repair of the elements
i.
I of the mall, including, but not limited to, ceilings, floors,
!walls, footfnge, columns, or other means of support, heating and k-
air-conditioning systems or units, utilities and any and all
equipment or other facilities serving the mall or an portion
9 Y
thereof. All each worknshall be done, as so Ear practicable in
�4
Such a manner as to avoid interference with the connection and use
of the garage.
I
11. The above rights and easements shall inure to the
I(Developer and its successors and assigns as if they were in every r _N
l case maintained and expressed and wherever reference is made to
any of the parties hereto it shall be held to include and apply
I
'also the.successors and assigns of such parties-, as if in each
and every case so expressed.
Meaning end intending to grant to the Developer all the
rights and easements granted to the Authority by an instrument
from the Salem Off-Street Parking Commission to be recorded lr
- (herewith. ;
I �
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' BK63-17 PG715
1
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7
IN WITNESS WHEREOF, the said Salem Redevelopment
y�
Authority has caused its corporate seal to be hereto affixed
and these Presents to be signed, acknowledged and delivered in FIJI''
't its name and behalf by Robert B. Bowman, its Chairman. hereto - E
5a r
�F
duly authorized, dile day of January, 1977., ig
SALEM REDEVELOPMENT ADTwO?lZ'T3N i I_d, �•'.
BY
, ROBERT B., BOWMAN, CBA, w 1
COMMONWEALTH OF MASSACHUSETTS
January 1977
q I E66eX, 65• T '
1 Then personally appeared the above-named Robert B. eawman'- hi
' r and acknowledged the foregoing instrument to be the free edE:and
Y
g
T II deed of the Salem Redevelopment Authority, before me,
/J 1
eeef.E P. uAl.u.
IOmbliS ON
MY COux9E Q. I EIlPPC6 `^
- - � DEC Iq IB83 a�
j
g
SER SS, RECORDED, 977W M. INST..
�M. PAST
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BK6288 PG433
I
,.i 1976;
THIS DEED OF EASEMENT, made.this lJc day of
both of Peabody, Essex
between JAMES RALLAS and PETER RALLAS,
°-
Countyr Massachusetts, and WILLIAM XALLAS, of Salem, said County.
of Essex, herein called the Grantors and the SALEM REDEVELOPMENT
AUTHORITY, a public body, politic and corporate, duly organized
sr
3 ' and existing pursuant to the provisions of the Housing and Urban i.
a earin in
q Henewal Law of the Cowvanwealth of Massachusetts, pp 4
' > I'Massachusetts General Laws, Ter. Ed., Chapter 12111; and having
Essex County, Mossachu-
.�a fits principal place of business in Salem,
setts, herein called the Authority.
pursuance of its powers and WHEREAS, the Authority in p - {
3 + (objectives as set out in said Housing and Urban Renewal Law and.
ievery other power thereunto enabling, determined that the area j
i'
p Il known and referred;to as Heritage plaza-East Urban Renewal Areal
S I.within the City of;Salem, which includes the premises hereinafter
s Y�;•,. 4 described constituted a substandard area ae defined in Chapter
�121B and further determined that an Vnban-Renewal Project ought I {
-� to be undertaken in said City; and _
F;,F
� WHEREAS, the Authority has prepared an Urban Renewal
I i ;�5g9
Plan.aa defined in Section 1 of said Chapter 121H for the said
]project area entitled, -Heritage plaza-East Urban Renewal Project
y
t' No. Mass. R-95"; and
. WHEREAS, following due notices, the City Council for
Nm
:.: the City of Sale :held public hearings regarding said plan and
said plan was duly approved by the Mayor and the City Council Of
complete copies of which are oh file at the
the City of Salem,
offices of the Authority and the Salem City Clerk; and
R
x"; WREREAS, .the Authority has entered into a Loan and Grant I
under Title I of the
'Contract with the United states of America
{
I-
BK6288 P6434
;.Housing Act of 19494, as amended, providing for federal financial )* "
'assistance in connection with the carrying out of said Urban
f "
I;Renewal Project in ;accordance with the said Urban Renewal Plan;
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and
. �' WHEREAS, the said Urban Renewal Project wan undertaken
p
� i and the said urban Renewal Plan was adopted for, among other
I:
things, the preservation and restoration of historic and
archi-tectural values associated with structures and areas within the
t' Project Area; and
' WHEREAS, the said Urban Renewal Plan containsstandards '��
i
j
for exterior appearance to be imposed on all structures designated
II
for historic and/or architectural preservation.requiring among
II bother things, the acquisition and/or retention of facade easements
I �
II
over individual properties by the Authority as a stimulus to pie-
. I' d
servation activities; and
WHEREAS, the Grantors are the owners and holders of record
'o£ fee simple title�to certain real property,located in the Urban
(Renewal Proj act.Area and situated on Washington Street and Salem Y .
o-
Green, in said Salem, on which there is situated a structure of
4=.:
architectural significance and historic value, said premises being..,
' - Il more particularly described in Schedule A;annexed hereto and made -:
j a part hereof;
x0W, THEREFORE, in recognition of theforegoing and in t
consideration of the premises, mutual promises, obligations cove
i nants-and restrictions hereinafter defined, the parties hereto
_ agree as follows: +?
' 1.' The Grantors do hereby grant and convey to the
.Authority an easement in gross (known as a facade easement) over ti h
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i
i
I
BR 6288 PG 435
i,
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I, rear of the
i the exterior appearance of the/e trucYuze situated on the herein-
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before described premises visible from the public way, known as
I'Salem Green. The Facade easement herein granted shall entitle I 4,
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the Authority to enter upon the Owner's premises.for the purpose I i
If furnishing and installing upon or in connection with the }
exterior of the structure all additions, improvements, alterations I p.
repair., and services'lin accordance with the construction plan 1
reservation of the
I'foi the rehabilitation, restoration and p
pp which Plan
is an file in
extarier appearance of said structure,
the office of the BuiI i0g Inspector of the City of Salem and the ! ,
,iy 1'office of the Authority. upon completion of the rehabilitation
and restoration work by the Authority, the Grantors covenant and I ti
agree that the exterior appearance of said a.zucture shall be.
d i11 maintained and preserved in its completed state. The facade ease- .S
' meet herein granted 'shall further permit the Authority and its
'i i'.zepresentatives, agents and/or employees access to and entitle the
y
Authority and its rep ... agent' and/or employees to
d I enter the property thereafter whenever and to the extent necessary :1
Ifar the purpose only of inspection and enforcement of the covenants
t� Iand the terms of the easement granted herein which the Authority
IIis hereby entitled to enforce in any court of competent jurisdic- I -
S thereafter, on the
�9' t I'tion• In the event of any default or failure, I,
s Grantors to so maintain and preserve the exterior
part of the
` appearance of each structure, whether in whole or in part whether't
by omission oz departure from the standard and ap
ecificatrons
ower
< ,t hereinbefore designated, the AuthorityShallhave the right, p it
y•„ its after refusal or neglect by the
e
k;. k and authority at lection,
Grantors to correct such default or failure following a ninety (90)
rcise the Grantor.' i
day notice so to do by the Authority, to exe
k � �
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BK6288 PG 436
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' _
unfulfilled obligations hereunder including the right to remedy
'any and all defective,performance on the Grantors' part and to
s
l charge the coat thereoF to the Grantors.
7 x '
;o. ! 2. The Authority covenants and agrees to, furnish and '+ P
.' !install upon or in connection with the exterior of the structure y
' fat no cost to the Grantors, all additions, improvements, altera
1 'tions, repairs and services in accordance with the said construe
). t
tion plan in order to,achieve the rehabilitation, restoration and
4y�
preservation of the exterior archipectural character of said "
structure up to, a maximum Of Fourteen Thousand Four Hundred Twenty
I :
�i ($14,420.00) Dollars.. The work which the Authority is required
(: .to perform shall be fully completed within six (6) months from thei
i ht
date of commencement of construction.
t:
ji The Authority shall assume all risk of and shall save
L �
harmless, defend and indemnify the Grantors against all acts St'
i;cl aims, demands, liabilities, and damages which may in any manner
!;be imposed on or incurred by the Grantors as a consequence of or
N
< jarising Out.of, any act, default or omission on the part of the
. - Authority, or any of its officers, employees, or agents, in connec-
tion with the condition or use of the Grantors' premises by the
,Authority as a result Of the work caused to be done by the Autho
rity to achieve the rehabilitation of the exterior of the said !, :q: "s�--
Ip; -
! structure. i
3. In the event that the cost of said rehabilitation ("'•'
and restoration work shall exceed Fourteen Thousand Four Hundred
Twenty ($14,420.00) Dollars, the Grantors covenant and agree to
pay tO the contractor, chosen by the Authority, to perform said
work, any additional sums over and above the said Fourteen Thousand -e >
_ Four Hundred Twenty ($14,420.00) Dollars including all necessary ,y !
y.
i
i
I
ii BK 6288 PG 437
e change orders that may come about in the process of the work to ].,
�: be done, in accordance with contract documents to be prepared by
.the Authority, provided such change orders shall be agreed upon
by theGrantore and the Authority. The Grantors agree to execute I^
I'
such documents as shall be reasonably required by the Authority t
to effect and complete such work.
kI 4. Structural changes, alterations, additions, or improve)
N
.,N in �mems over the exterior appearance of the structure visible from
?jas wbuld not in the opinion
13 '. the public way, known as Salem Green,
hi or
f the Authority fundamentally alter its char
or its setting
- may be made thereto by the Grantors, provided that the prior
written approval
of the Authority to such change, alteration Or ?
FZ I
impzoven,ents shall have been obtained. The Authority shall act t}
:5 upon a written request by the Grantors for such approval within I '
("
thirty (30) days of,its receipt and shall give notice Of any dis- I
I
approval to the Grantors in writing with zeasone. If a request
approval is not disapproved by the Authority within thirty M1
;( - 1 for(' I (30) days, it shall.be deemed approved. In case of disapproval
L (30) days after notice of disapprov
the Grantors may within thirtyal
request a review of the disapproval by a person o£ competence and
,. g 'I experience in such matters, designated by the Salem Historical
Commission or its chairman or acting chairman. The finding of
this reviewshallbe made is writing within sixty (60) days after I'
the request, and shall be binding on the Grantors and the Authority. )
The cost, if any, of such review shall be shared equally by the
' Grantors and the Authority. I -
-o . fire or Other casualty so serious
5 S. In case of damage by
z
nably adjudged to be
as to cause reconstzuction to be reaso 'imprac-
+, Obligations,
tical, this easement,
-together with all covenants, 9
I F.
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s u BK6288 FG438
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Cyr? I:and restrictions herein recited shall terminate and otherwise sbal}
`1
Tremain in effect without limit to time. �9
11
6. The Authority in its discretion may erect a.Ssingle J--.
- marker or sign not exceeding two feet by two,feet, which states the -`
If
' name of the Authority and'advises that the Authority owns the easel 1
1, Ilment granted herein. `
II7. The covenants agreed to and the restrictions imposed 1
leas aforesaid, shall not only be binding upon the Grantors but also 1,
other successors to them in interest and shall continue as a servi �.
tude running with the land in perpetuity withthe above described Iv#
premises and shall survive any termination of the Authority a eras
_ �tence: All rights reserved herein to the Authority may be exercised;
�. de-
no
*.
modified, or released by its successors or assigns or by its de r.
�A
sign.. duly authorized in a deed or appointment executed by its
Chairman. This facade easement shall not be assigned to any person l$ C,
or entity other than the City of Salem without the prior written kA
consent Off the Grantor.
'I IN WITNESS WHEREOF, the said James mallas, Peter Eallas
IAnd William Eallas hereunto sat thein he s and scale, this ho .1
day of 0;i,,Gr 1976,.
I I, JAM SLA
i ACCEPTED:
SALEM REDEVELOPMENT AUTHORITY PET R EALLAS
BY
_ WIL IAM KALI 5 Gy fir
4 Y YL
!
COMMONWEALTH OF MASSACHUSETTS
0t'4- 1, 19765, k;'•
i Essex, as. S
Then personally appeared the above-named James Eallas V }>'
peter Sanaa and William Kallas, and acknowledged the foregoing
I..
.'' instrument to be their free act and deed, before me, ''�#
,
.---_--_...--_ ----
7.;
3
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8K6288 PG439 I:
"SCHEDULE.B' l
n
with the buildings thereon, situated
f-A certain parcel of land,
i� on Washington Street, bounded and described as follows, i
c '
WESTERLY by Washington Street, one hundred thirty-six
and 1/100 (136.01) feet;
n (NORTHERLY by land now or formerly of the H¢Litage j
Cooperative Bank., eighty-one (81) feet; II{
�I y -
.EASTERLY by land now or former; of khe Salam
Redevelopment Authority, commknown
ad f
ae th¢ Salem Green, one hundred forty and i
�F' x 31/100 (140.31) feet
a
. _ SOUTHERLY by other land now or forme
of Salem 1 1
y t b Redevelopment Authority, eighty-one and
Y. 86/100. (81.86) feet. i
Being a Portion of the premises Howard
ronveyad to us by d1965 eed frecpsded
W. Cole, et al, Trustees by deed dated November 1,
with Essex South District Registry of Daede, Book 5315, Page 44.
ESSEX SS. RECORDT^ 1976 /' pAST, Q'Y� IHSTri 7/
)_ -
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