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CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
W.GREGORY SENKO
CV ONE SALEM GREEN
CITY PLANNER
3 �� ': 01970
(617)744-4580
Office of Coastal Zone Management; August, 1979
Al. Pickering Wharf and the Nathaniel Bowditch Park comprise 3.2%
of Salem's Coastline, (.51 miles of 15.9 miles) and 1.7% of the
Coastal Land Area (14 acres of 801 acres) . The figure of 801 acres
consists of the waterfront study area used by the City for its 1979
Master Plan update.
PICKERING
'WHARF In 1974, the oil storage tanks at the Pickering Wharf Terminal
were condemned by the Board of Health. The Pickering Oil Heat Company
submitted a petition to the City to construct new tanks next to the
New England Power Company site (approximately one-half (11) mile from
A2, its present site). The company's administrative offices and garage
facilities were to remain at the Pickering Wharf site. While the
City was considering the petition, numerous people indicated that this
may be a prime opportunity to .redevelop the site for something other
than industrial uses. The site was regarded as one with the potential
for sparking waterfront revitalization. Among those interested in trying
to revitalize the site were the Mayor, the Planning Department, the
Redevelopment Authority and especially the Editor of the Salem Evening
News, the late Jim Shea who did much through his editorials to gain
the support of the local community.
The City, through .the City Solicitor, William Tinti, and David Lash
of the Planning Department, .entered into negotiations with Pickering
Oil resulting in an agreement consisting of the following: 1) The
City could purchase the property itself and resell it to a private party
who would redevelop it in a manner consistant with the City's desires;
or the City could find a compatible developer to buy it directly.
2) The sale price of the land would be one-half ('1) the. appraisal value'
with the appraisal conducted under the guideance of the City, but paid
for by Pickering Oil.
The City's leverage in these negotiations consistefl of its permit
granting authority. Pickering Oil Company would get a modern oil
terminal, the Wharf would retain the name "Picker:tf Svl a:=f", &-nd the
Oil Company would get "good press" by showing it was incore:;teci ir, the
overall welfare of the City and its waterfront. T'« twc p ir.•,:, p2ls
involved at Pickering Oil, Mike Davenport and Charles Andrias, :a-ere
very much aware that the local home heating oil business was 3epandent
upon good public relations.
m .
Pickering Oil Company agreed to pay for a $25,000 study, to be
conducted by the City Planning Department consisting of three parts:
1) An appraisal of the property, 2) a soil boring/testing study, and
3) a development prospectus conducted by Skidmore, Owens and Merrill,
which consisted of a geotechnical analysis, an economic and market
analysis, and potential site utilization schemes.
(There was never a formal real estate instrument detailing the
Agreement between the City and Pickering Oil. However, on the one
year anniversary of the initial offer, the City agreed to terminate
the option in six months (by June 1, 1976) if a developer was not found.)
The development prospectus outlined four schemes, all revolving
around a restaurant marina and office concept, for the utilization of
the site and was mailed to both national and local hotel firms. and
real estate development companies. The prospectus caused some curiosity
on the part of potential developers; however, after researching the
hotel market potential on the Northshore, not one of the interested
firms wished to pursue the matter any further. The reasons for this
were two fold: 1) Speculation on.the part of hotel chains in response
to projected tourism for the bi-centennial, had already caused an
over-building of hotels and motels on the Northshore especially along
the major arteries to Boston, and 2) Salem has inadequate connection
to major highways making access and visibility difficult for any
hotel when competing with hotels located on the major interstate
highways only three miles away.
With the deadline of June, 1976 rapidly approaching, the City
opened the door to any potential developer that could work with the
City on developing the site.
A local real estate firm (Carlson Associates) was instrumental
in getting three local parties interested in the site. One group
was interested in developing a tennis and swim club in Salem. The
second party, Ted Hood (of Hood Sails and America's Cup fame) was
considering a.marine industrial site with boatbuilding, repair,
spar and sail manufacturing. and a marina. The third group, Henry
Audesse, Arthur Collins and Bob Bramble, had recently acquired the
Hawthorne Hotel in Salem by securing a mortgage with the Salem
Five Cents Savings Banka This sale was negotiated by Julie Tache
of Carlson Associates. Ms. Tache was aware that Arthur Collins and
Henry Audesse were interested in developing a multi-media tourist
attraction that revolved around an American Clipper ship and a
typical voyage. At the time, they were considering sites in Mystic,
Connecticut, Portland, Maine, and a number of other cities with the
idea of franchising the show. Mssrs. Collins, Audesse and Bramble,
known as Heritage Trust, hired the Architectual firm of ADD, INC.,
Cambridge, Massachusetts to develop schemes for the Picketing site.
(Phil Briggs is the Principal of the firm.)
The interest of the first two groups diminished due to financial
reasons and general distrust, (and lack of patience) of working with
Government (local or otherwise) agencies.
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However, Heritage Trust and Phil Briggs presented a scheme to the
City calling for a marina, office and retail space, and residential uses
on the site. This initial scheme is very-s milar to what Pickering Wharf
is today. The City was receptive to the scheme and a basic agreement
was formulated outlining a phased development schedule, square footage
performance standards and a specified deadline for the completion of
the first phase. (If the performance standards were not met for the
first phase of development; the Agreement would be terminated:) ` -In:
addition, the City would assist the developer in meeting zoning standards
for the site as well as any other permits necessary for development.
An Agreement was agreed to on May 29, two days prior to the
,June 1, 1976 deadline and the property was transferred on June 1.
Heritage Trust, with the assistance of Julie Tache, secured a mortgage
with the Salem Five Cents Savings Bank. One of the conditions of the
Bank, negotiated by Tom Leonard of the Salem Five, was that the Bank
could acquire one-half (!�) interest in the development if the Bank so
desired.
During the next nine months, the City worked on rezoning the site
from an auto-highway zone to a Central Business District zoning (B-5) .
The B-5 zone is the most flexible zoning in the City in that it allows
mixed-use development, requires fewer parking spaces (only residential
spaces required) and allows for a higher density per square foot of land.
At the same time, Heritage Trust was demolishing the oil tanksoand
was considering the purchase of a building adjacent to the site that
fronted on major roads (more visibility) . The Salem Five Cent Savings
Bank decided to become a full participant (not mortgagor) in the project
and formed the "North Shore Corporation." The North Shore Corp. combined
with Heritage Trust to form Heritage Trust II and was; successful in
negotiating the sale of these additional buildings. , Another bank,
the New England Merchants Bank, assumed the role of ,prime lender to
Heritage Trust II from this point on.
Early in 1977, piles were driven into the site for foundations and
work was begun on the newly acquired buildings to convert them into
shops and a theater for the multi-media show. Even though these buildings
weren't included in the original scheme, this work was accepted as
fulfulling the first phase development schedule. Early in 1978,
Heritage Trust II decided ;to abandon the phased development for a full
development schedule. The deciding factor was the signing of
"Victoria Station" as a major restaurant anchored on the outermost portion
of the site.
A3. As of August 1, 1979, construction of the site is ninety percent (90%)
complete. The 45 slip marina is fully utilized. Forty-five out of 54
condominiums have been sold ($60,000 - $125,000 range) and will be ready
for occupancy in September. Two out of the four full service restaurants
are opened, ninety percent (90%) of the 2,200 square feet of office
space is leased and seventy-five percent (75%) of the 70,000 square feet
of commercial space is occupied.
A4. Along with the time devoted to the Pickering project by numerous
city departments, the City spent approximately $17,000 of Community
Development monies (through the Planning Department) on City sidewalks
abuting the area. The City did not spend anything for sewer lines,
drainage or utility lines.
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A5, The original agreement only called for public access along the
east side of the site. However, Phil Briggs of ADD, Inc. developed
a scheme for a public walkway around the entire perimeter of the site "
knowing that this would be an important amenity for drawing the public.
The entire site is open to the public.
A6. There are no special tax agreements between the City and Pickering
Wharf. The site is assessed at and with a tax rate $204/1,000,the tax income to the city amounts to per year.
A7. Design Control: in the original agreement with Heritage Trust, the
developer agreed to review all plans with the City's Design Review Board.
The Design Review Board, an advisory group to the Salem Redevelopment
Authority, is composed of a broad range of individuals, historians,
architects, graphics experts, etc. and is responsible for design
coordination within the City's renewal areas. Even though the Pickering
site is not within the renewal areas, the Review Board agreed to
advise the Planning Department on the plans developed by ADD, Inc.
The outcome and final design reflects the additional time spent
on Design Review. The development functions well,:'is aesthetically
pleasing and is an outstanding addition to the waterfront both in
character and design.
Multi'-Media Show:
Initially, Mssrs. Audesse and Collins were interested in a
"generic" show entailing a typical American ship on a typical voyage.
Early in 1977, Heritage Trust hired the consulting firm of White Oaks
Design Group to develop schemes for the show. White Oaks recommended
that the show would have better success if it was "Salem Specific."
In hind sight, this decision was important because the group developed
a good relationship with the Salem National Maritime Historic Site,
The House of Seven Gables, The Essex Institute and The Peabody Museum.
Through these associations, the Multi-Media Show, "The Voyage of the
India Star" gained credibility and was not regarded as "just another
tourist attraction." This relationship has worked well for all parties
concerned with regards to cooperative marketing and promotion.
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e
O.C.Z.M. : NATHANIEL BOWDITCH PARK, SALEM, MASS.
REBIRTH In the late 1960's, it was apparent that Salem's downtown was on
OF THE its last breath. Its imminent death would be attributable to two factors:
C.B.D. The physical decadence of the buildings in the downtown and the loss of .; .
the City's regional retail market to the newly constructed suburban
B1, shopping centers. In taking a hard look at what, if any, qualities or
features of the downtown could be used as the building blocks for a new
Salem. The community realized that Salem possessed two outstanding
physical attributes that could be used for this new foundation:
1) The numerous 18th and 19th century buildings that blanketed the compact , .
downtown and 2) the close-knit physical relationship between the down
town commercial area, adjoining neighborhoods and industrial areas, and
the Salem Harbor.
Since 1970, Downtown Salem has been experiencing a dramatic trans-
formation. Thirty-five buildings have been renovated or constructed for
commercial and residential use. Essex Street, once a congested and
decay-lined street in the heart of the downtown, has been transformed
into a prized pedestrian mall accompanied by a 1,000 car garage with a
35-store shopping mall. Not only is the City recovering some of its
retail trade that was lost to the suburban shopping centers, Salem is
also experiencing an ever increasing tourist trade (mostly concentrated
in the central city) that is expected to approach 1 million visitors
this year. With the renewal effort in the downtown rounding the final
corner towards completion, the City is actively pursuing the reunification
of its downtown with its adjoining harbor waterfront.
-- Early on. in the renewal process, citizens, plannners, and architects
alike:.recognized that the physical layout of the central city was a
product of the world-wide trading activity that eminated from Salem Harbor
during the 17th and 18th centuries. The street layouts and the buildings
situated on them, the neighborhoods, factories and warehouses were all
directly or indirectly a result from the activity (and prosperity)
located along Salem's waterfront.In order to ensure the progress and
continued success of the City's renewal efforts, the community recognized
that Salem would once again have to rely on the uniqueness and the
interrelationships of the central city with its waterfront.
INITIAL In 1978, a plan for the utilization of the South River Channel Area,
SCHEMES long recognized as a focal area for linking the downtown with the harbor
FOR THE and adjoining neighborhoods, was included in Salem's application to
SOUTH H.U.D. for Urban.Development Action Grant (UDAG) funding. The plan for
RIVER the development of the South River Channel Area was developed by the
City's planning staff and included a recreation area on the south side
of the channel, a public marina in the channel itself, and a public walk-
B2. way, park, and parking area on the north side. The plan called for the
utilization of vacant and underutilized land, or land on which inconsistent
or incompatible uses, with respect to their waterfront location (gas
stations, hardware and auto service stores) currently existed into a
public space that would physically and visually open up the harbor to
residents, workers and visitors in the downtown area of Salem. This
component of the U.D.A.G. application was excluded from the final sub-
mittal because the City could not leverage enough private investment in
the housing and industrial components of the application to warrant an
almost 100% public commitment for the South River Area.
Again in 1978, the City tried for assistance in transforming the
concept of the South River development into physical being. The City
applied for Massachusetts Heritage State Park funding through the State
Office of Environmental Affairs. The State was in agreement with the
City that the concept for the utilization of the South River Area was
beneficial to both Salem, the Boston Metropolitan Area and the State.
It provided recreation areas to the City's most desolate neighborhoods. '.
.It put into public use an unmaintained and neglected waterway. It
opened up a previously barricaded harbor by calling for the relocation
of incompatible coastal land uses. It physically linked via pedestrian
ways important cultural and historical sites (the National Park Services'
Derby Wharf site, House of Seven Gables and the Peabody Museum, local
and national historic districts) . The site was very accessible to M.D.C.
transportation.
However, Salem's application to the Heritage State Park Program was
not funded. The State felt that the City had not fully substantiated its
concept for the utilization of the South River Area with an actual design,
detailed engineering analysis, and accurate cost estimates. The State
indicated that the project should be kept afloat, but that the City would
have to develop its plans to a much higher level or degree over .and
beyond what the City's "in-house" staff could produce.
INVOLVEMENT During the development of the application for Heritage State Park
WITH C.Z.M. funding, the City was made aware by the Massachusetts Coastal Zone
Management Program that applications could be submitted for the 1978
Community Assistance Program. The Program provided for 80% funding
(up to $20,000) for research,- planning, engineering and technical-assis-
tance programs that would occur within the Coastal Zone.
The Program was regarded by the City as being the one that could
allow Salem to develop the concept for the utilization of the South
River into sound, well-documented plans. However, when it came to
comparing the scope of the necessary preliminary engineering and design
work with the amount of funding available to each community, it was
realized that only half of the necessary work would be accomplished.
The City decided to review two separate'applications with C,.Z.M. to get
that agency's input as to which one would be best suited for the program.
One application would be for a preliminary engineering study of the
Channel and the stability of its 1800 L.F. of bulkhead ($16,000). The
other would be for planning and preliminary design studies to--transform
the conceptual ideas into workable plans ($20,000) . However, as far
as the City was concerned, both applications were of equal importance
and directly related to one another when considering the amount of
information needed to apply for the total implementation funds.
While reviewing the two Community Assistance applications with the
Massachusetts C.Z.M. staff, Mark Kaufman, Richard Thibedeau and Peter
Kortright, it was suggested by the staff that due to the scope and
complexity of the South River proposal, the two applications should be
combined into one and submitted to the Massachusetts Office of C.Z.M.
for funding through the Washington Office of C.Z.M. under special
Urban Waterfronts Program funding. The State C.Z.M. staff indicated
that the maximum funding limits were higher than the State Community
Assistance Program ($30,000 instead of $20,000) but the 80%/20% match
remained constant.
The City combined the two applications into one comprehensive pack-
age, submitted the package to Massachusetts C.Z.M. in July and received
word that the application was approved at the end of October.
A grant application was signed by C.Z.M. and the City during November,
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The grant amounted to $30,000 (80%) with the City committing $7,500 ,
in matching cash and in-kind services.r-As with all: other grants, the
City was hopeful of using Community Development funds for part of its
local matching funds; however; C.Z.M. is one of the few, if riot the
only, Federal agency that doesn't allow this. This is probably a major
hindrance to towns and cities, similar to or smaller than Salem, that could
certainly benefit from the C.Z.M. program, but are unable to produce
the local matching funds easily.
THE NATHANIEL After reviewing the City's request for proposals (R.F.P.) with the ,
BOWDITCH PARK Massachusetts C.Z.M. staff, the R.F.P. was sent to fourteen landscape
architectural and engineering firms; nine of which submitted proposals
for the South River project. The City interviewed three finalists and
selected the firm of Sasaki Associates, Watertown, Massachusetts as the
Consultant on the project. Contracts, signed at the beginning of Januar
g g
Y
1979, called for Sasaki Associates to conduct an extensive analysis on
the South River Channel, the surrounding bulkheads and the existing con-
ditions in the immediate land area, as well as a complete planning
analysis of the entire site and its surroundings, leading to the
scientific design plans for the entire site.
The South River project study was completed in April. culminating
in the Nathaniel Bowditch Park Project. During January and part of
February, the inventory and analysis phase of the contract was completed
by Sasaki Associates. A rigorous schedule of public meetings was
conducted during February and March, involving the consultants and the
City's Planning Department staff, interested City Boards and Commissions,
residents of the area, businessmen and landowners.
The City and the Massachusetts C.Z.M. staff considered the public
participation portion of the program to be of .the highest priority. 'Due
to the complexity of the site, which involves industrial and utility
uses, commercial uses, and residential uses, it was considered vital
to involve these interests in the design process as early as possible.
The outcome of this process resulted in an understanding of the concerns
and interests, both contrary to and compatible with the goals of the
project, and an opening up of dialogue and communications.between the
affected parties and the City.
The final report outlines the recommended concept plan for the
utilization of the South River Area. The plan (described in the
enclosed brochure: Ann Cowey has the full xeroxed report) emphasizes
public use of this centrally located waterfront area. Active recreational
areas, serving the immediate neighborhoods, a public marina, a historical
theme park, parking and a commercial core area are the recommended uses
for this underutilized waterfront area. The scheme, as it stands now,
entails $1.4 - 2.4 million worth of acquisition and $4 - 6 million in
development costs.
WHERE DO In order to make the scheme for the Nathaniel Bowditch Park in its
WE GO FROM present form a reality, the City can approach the acquisition and
HERE development in a number of ways.
1) Salem could apply for a special appropriation - through Congressional
action, Department of Interior Funding etc. , in order to develop the
Nathaniel Bowditch Park in one phase.
2) Salem could phase the project over four or five years through
funding by Heritage Conservation and Recreation Services and Mass.
Department of Urban. Self Help. Due,, to' the limited '.appropriations',. the
City would .apply for acquisition funds for one area of the park one year,
and development funds for the next.
3) The City could 'combine funding from a broad range of Federal
agencies that would individually be interested in certain components
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of the project, but not necessarily the entire project.
FALL, 1979 The City will be applying to Heritage Conservation and Recreation
Services this fall for acquisition monies for the South side recreation
component of the park, as well as the "Gateway" area on the corner of
B3. Derby and Lafayette Streets.
This fall, while the application is being processed, the City will
have to secure a bond to finance the acquisition, conduct review
appraisals of the properties as necessary, and work with the Massachusetts
Department of Community Development to develop a relocation plan. If
the application is successful, the City will be committed to secure
development funding for the acquired parcels the following year.
This approach appears to leave the acquisition and development of
the ."Historic Theme" Park area and the development of the commercial
core area "on the back burner" for the time being. The City is presently
developing alternative strategies to redevelop this component of the Parka
With the continued support of Mass. C.Z.M. , the City will conduct
a market analysis on the area in order to assist present land owners or
prospective developers in determining the best possible use of this
waterfront land and the costs involved in rehabilitating these buildings.
Salem received a $5,000 grant through the 1979 Community Assistance
Program to conduct this study. The City's 1979 Community Assistance
application also included an environmental analysis and archaeological
review component; however, this was not funded. Instead, the Massachusetts
C.Z.M. staff has offered its assistance in coordinating the various
Federal and State agencies, involved with environmental and permit reviews,
to determine which components of the Nathaniel Bowditch Park will need
their attention and to determine the mechanisms to gain clearance and
approvals from these agencies.
In addition to this study, the City will be pursuing one or more
of the following strategies.
1) Salem could seek an agency (state, federal, local, non-profit,
etc.) to further develop and operate the historic theme park site and
work with that agency to secure funding.
2) The City could pursue special funding through Congressional
action or the Department of Interior.
3) The City could work with the private owners, encourage and
assist them through public improvements and grants,_ or through the
banking community, to adaptively reuse the property for "Waterfront
Compatible" purposes.
4) Salem could designate the area an urban renewal area, and
through the City's Redevelopment Authority work with private owners
or seek a prospective developer for the area in part or in its entirety.'
(The City's present Urban Renewal Area extends to Derby Street already) .'
B4. FINANCING TO DATE
C.Z.M. - $30,000. . . . . . . . . . . ..Nathaniel .Bowditch Park
Local - $ 5,000. . . . . . . . . . . . .Report, Plans and Brochure
Local
In-Kind:
Services $3,719
C.D.G.B. $25,000. . . . . . . .. . . . . . . .Two Appraisals on 16 Properties
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Engineers and Fnvironmenial Planners
TO: Gerard Kavanaugh
City Planner
FR: Ronald Tiberi/William J. Rizzo, Jr.
Rizzo Associates
RE: Direction Reversal of Essex St.
Salem, MA
DT: February 25, 1985
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This preliminary study was initiated to identify potential
traffic impacts in downtown Salem, MA due to the changing of
direction of one way Essex Street to and from Washington Street
to North Street. The two primary intersections affected are
Essex Street/Summer Street/North Street, and Essex
Street/Washington Street. Traffic flow is predicted to
increase as the change is implemented, primarily due to the
fact that Essex Street will now become a direct route from
northbound and eastbound approaches to downtown Salem.
Essex/Summer/North Streets
The potential of increased traffic flow eastbound from Essex
Street thru the intersection, combined with the existing heavy
traffic volumes on Route 114 will seriously impact on this
intersection. Traffic signals may become a necessary means to
mitigate long delays regardless of existing stop sign
controls. Channelization and some minor widening of all
approaches will also become necessary (see Figure 1) .
Essex/Washington Streets
Essex Street and Washington Street intersection will also
experience increased delays with the likely increase of traffic
with downtown destinations routed thru this area. Under
existing conditions both Washington Street approaches are
congested during peak hours.
Washington Street northbound now exists as a left turn lane
with a thru lane and recessed parking. With the elimination of
the left turn movement , this traffic will be forced to funnel
down from two lanes into one lane , as they cross the
intersection. Washington Street southbound exists as a single
lane approach, and shall remain the same.
r
Engineers and Environmental Planners
Essex Street approach will consist of two movements. A
potential for long delays will occur primarily on the left turn
movement, and delays with the right turn movement may be rather
long , with the heavy flow at Washington Street traffic and the
existing single lane to merge into.
Measures to mitigate impact are the same as the intersection of
North/Summer/Essex Streets (see Figure 2) . Furthermore, if
signalization is imposed traffic markings and parking
restrictions on Washington Street will become more extensive in
order to funnel traffic northbound; also no free right turn
should be allowed on Essex Street. This will allow traffic
southbound on Washington Street to flow uninterrupted.
Summary
In summary, the reversal of Essex Street ' s one way direction is
apparently feasible, with the following measures taken to
mitigate impact:
1. Traffic signals at both affected intersections
2 . Pavement markings and minor roadway widenings will be
required at intersections and Washington Street north of
Essex Street
3 . Elimination of parking on northerly side of Essex Street
between North Street and Washington Street . Also the
elimination or restriction of parking at all approaches to
the affected intersections and in areas of Washington
Street north of Essex Street.
It should be noted that these analyses are conducted on a
conceptual level based on observation and operation. A more
detailed analysis including traffic counts and turning movement
capacities, will be required to justify impacts and suggested
improvements.
f
Engineers and Environmental Planners -
91 - 492 0940
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RECEIVED
GEORGE P. VALLIS
ATTORNEY AT LAW
FEB 81��5
�. ONE CHURCH STREET
SALEM. MASSACHUSETTS 01970 SALEM PLANNING DEPT.
1617) 745-0500
February 4, 1985
Salem Redevelopment Authority
One Salem Green
Salem, MA 01970
Re: Compensation for Professional Services
FOR PROFESSIONAL SERVICES RENDERED
Professional services rendered in accordance with Contract dated
August 16, 1971, in connection with following disposition parcels:
1. Parcel RC-10 (Russell Kiernan) - $ 800.00
DISBURSEMENTS:
Certified copies of various documents and plans 33.00
Recording certified copies with Land Court 65.50
Filing Fee for Petition in Land Court 46.00
Recording Plan and Deed to City of Salem
(Portion of Liberty Street) 55.00
2. Parcel RC-11F (William Carmen, et al) 300.00
3. Parcel RC-11E (Ingemi) 300.00
$1,599.50"
co;
CC M* ALTH Dr MASSACHUSETTS
=vD COURT
DEPASYlY+LE1n OF THE TRIAL COURT
CASE NO. 2568-5
(SEAL)
Upon the petition of Salem Redevelopment Authority, a body politic
and corporate, organized and existing under the laws of the Coaamnwealth
of Massachusetts and having its usual place of business in Salm, Essex
County, Massachusetts, alleging that:
1. Certificate of Title No. 39236 issued by the Southern
Registry District of Essex County stands in the name of Salem Redevelopment
Authority,
2. There is noted on the encirrbrance sheet of Certificate of
Title No. 39236 Document No. 1.95140 being an 0rder of Taking. Locus is
described as Block, 8, Parcel 1, in said Order of Taking and is shown on a
plan recorded with said Registry of Deeds in Plan Book 117, Plan 60.
3. That ownership of said parcel was also acquired by the Petitioner
as a result of a Deed from Donald E. Bixby and Florence Bixby, dated ."ay 14,
1969, and recorded as Docmient No. 131028.
4. That as a result of said taking and acquisition 1--, Deems', the
Petitioner, pursuant to its pro-mess under the pro✓isions of The Fiousinq
and Urban Renewal Law of the Cw= nwealth of Massachusetts, G.L. Chapter
121B did relocate Liberty Street by demolishing the building that was
previously situated on said parcel of registered land and by widening the
old street line of Liberty Street as was previously shown on Plan. No.
2568-A.
5. That the Petitioner then conveyed and released all of its right,
title and interest into the City of Salem of the new layout of said Lil�rty
Street which conta4.^.--,1 a portion of the said registered parcel of la.-6 by
Document No. 1951x_ .
6. Petitioner Las caused to be filed with the- Engineering
Departzent of the Land Court in Boston Plan Nb. 2568-8.
7. Said Plan delineates the subdivision of land shown on Land
Court Plan No. 2568-A into two lots to be numbered 1 and 2 on Plan No.
2568-B.
Petitioner prays that Plan No. 2568-5 be approved.
After due proceedings, it is CRD FJ: that Plan No. 2568-B be and
is hereby approved. Said Plan No. 2568-8 -Iineates said subdivision and
the layout of Liberty Street.
FMTHcM ORDERED: that tt- lines of Liberty Street be established
as sham on said plan.
By the Court. (Sullivan, J.)
Attest:
JEANNF. M. MAIDNEY
DEPUTY RECORDER
Dated: September 13, 1984
hIDC/ml
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D E E D
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SALEM REDEVELOPMENT AUTHORITY, a public body politic and
corporate, duly organized and existing pursuant to the General
Laws of Massmh omenal ' having its office in Salem, Essex County ,
Massachusetts , �tax'/consideration
7(�1t7X7BBBBtdt$ #tBB��B grants to RUSSELL KIERNAN, of 127
Essex Street, Salem, Massachusetts , with QUITCLAIM COVENANTS ,
all the right, title and interest in and to the following
land:
A certain parcel of land, situated on Essex Street, in
the City of Salem, County of Essex, bounded and described as
follows:
i
I
E NORTHERLY b Essex Street thirty-six y-six and 44/100
m ( 36 . 44) feet;
+;
v EASTERLY by land now or formerly of Benjamin Axelrod,
,4 et al.i , eighty-nine and 85/100 ( 89 . 85) feet;
m
x
m SOUTHERLY by land now or formerly of Hannah J . O' Connor,
w forty-two and 26/100 (42. 26) feet;
N
WESTERLY by land now or formerly of Salem Redevelopment
Authority, now being Liberty Street, shown as
Q Lot 2 , on plan hereinafter referred to, twenty-
five and 46/1-00 (25 . 46) feet;
w
w NORTHERLY by other land now or formerly of Salem
Redevelopment Authority , nine and 82/100
H (9 . 82) feet;
Z
w
a
° WESTERLY by other land now or formerly of Salem
Redevelopment Authority, fifty-nine and
47/100 (59 . 47) feet.
Said premises containing 3, 184 square feet of land according to
plan hereinafter referred to.
i
The above-described parcel is shown as Lot 1 on a plan entitled,
"Plan of Land in Salem, Scale : l" = 7.0 ' , dated May 4 , 1984 , Essex '
Survey Service, Inc. , Registered Land Surveyors" and beinq a
subdivision of Land Court Plan numbered 2568A filed with Cert.i-
ficate of Title No. 619 .
For title reference, see Deed of Donald E. Bixby, et al , dated
May 14 , 1969 , recorded as Document No. 131028; see also Order
of Taking recorded as Document No. 195140 , as noted on Certificate:
of Title No. 39236 .
BAND OOtIA°fl. OOSPOtB, lea hnd // <6//J G� pps nvv /1 su/9
herein describe r e;P-4 �/ /
our 4 r�v=4 rn follow as �Y/D✓ !� /fP//t'�/O?.� u��
SEP 21 1984
Plan ;�J�27'�tpt
(Examined as toYig�d do6B ,
/ Tell
i.
it
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This Deed is made and executed upon and is subject to certain
express conditions and covenants, said conditions and covenants
being a part of the consideration for the property hereby conveyed
and are to be taken and construed as running with the land and
upon the continued observance of which and each of which, with
the sole exception of covenants numbered FIRST and FIFTH, the con-
tinued existence of the estate hereby. granted shall depend, and
�! the Grantee hereby binds himself and his successors, assigns,
grahtees , and lessees forever to these covenants and conditions
�I which covenants and conditions are as follows :
(i
FIRST : The Grantee shall devote the property hereby con-
veyed only to the uses specified in the applicable provisions of
the Urban Renewal Plan or approved modifications thereof; subject
( to the provisions in covenant numbered THIRD.
++i
I` SECOND: The Grantee shall pay real estate taxes or assess-
ments on the property hereby conveyed or any part thereof when
i! due and shall not place thereon any encumbrance or lien other than
f for temporary and permanent financing of construction of the
Improvements on the property hereby conveyed as provided for in
the Construction Plans, approved by the Grantor in accordance with
Section 8 (11) of the Contract of Sale dated the 28th day of
i( June, 1978 , between the parties hereto, (hereinafter referred
to as the "Contract of Sale") which Contract of Sale is on file
in the office of the City Clerk of the City of Salem, and for
additional funds, if any, in an amount not to exceed the consider-
ation herein specified, and shall not suffer any levy or attach-
ment to be made or any other encumbrance or lien to attach until
the Grantor certifies that all building construction and other
physical improvements specified to be done and made by the Grantee
have been completed;
THIRD : The Grantee shall commence promptly the construction
of the aforesaid Improvements on the property hereby conveyed in
accordance with the said Contract of Sale and shall prosecute
diligently the construction of said Improvements to completion:
Provided, that in any event, construction shall commence on or
bef— ore7�ugust 15, 1978, and shall be substantially completed within
twelve (12) months from the commencement of such construction
and in accordance with Section 4 of the Contract of Sale dated
the 28th day of June, 1978 .
FOURTH: Until the Grantor certifies that all the aforesaid
i! Improvements specified to be done and made by the Grantee have
II been completed, the Grantee shall have no power to convey the
property hereby conveyed or any part thereof without the prior
written consent of the Grantor except to a Mortgagee or Trustee
I under a Mortgage or Deed of Trust permitted by this Deed, and,
�i except as security for obtaining financing permitted by this Deed,
there shall be no transfer , and the Grantee shall not permit any
transfer, by any party, owning ten percent or more of the stock
of the Grantee of such stock, nor shall there be, or be suffered
(I to be by the Grantee, any other similarly significant change in
-3-
the ownership of such stock or in the relative distribution there-
of, or with respect to the identity of the parties in control of
the Grantee of the degree thereof , by any other method or means ,
including, but not limited to, increased capitalization, merger ,
corporate or other amendments , issuance of additional or new stock
or classification of stock, or otherwise;
FIFTH: The Grantee agrees for himself and any successors
in interest not to discriminate upon the basis of race, color , sex
religion, or national origin in the sale, lease , or rental or in
the use or occupancy of the property hereby conveyed or any part
thereof or of any Improvements erected or to be erected thereon or
any part thereof.
The covenants and agreements contained in the covenant
numbered FIRST shall terminate on March 23, 2012. The covenants
and agreements contained in covenants numbered SECOND, THIRD, and
FOURTH shall terminate on the date the Grantor issues the Certifi-
cate of Completion as herein provided except only that the termina
tion of the covenant numbered SECOND shall in no way be construed
to release the Grantee from its obligation to pay real estate taxee
or assessments on the property hereby conveyed or any part thereof.
The covenant numbered FIFTH shall remain in effect without any
limitation as to time.
In case of the breach or violation of any one of the cove-
nants numbered SECOND, THIRD and FOURTH at any time prior to the
time the Grantor certifies that all building construction and
other physical improvements have been completed, and in case such
breach or such violation shall not be cured, ended or remedied
within 60 days after written demand by the Grantor so to do with
respect to covenant numbered FOURTH and three (3) months after
written demand by the Grantor so to do with respect to covenants
numbered SECOND and THIRD (Provided, that a breach or violation
with respect to the portion of covenant numbered THIRD, dealing
with completion of the Improvements may be cured, ended or reme-
died within six (6) months after written demand by the Grantor so
to do) or any further extension thereof that may be granted by
the Grantor in its sole discretion, then all estate , conveyed
under this Deed, shall cease and determine, and title in fee
simple to the same shall revert to and become revested in the
Grantor, or its successors or assigns, and such title shall be
revested fully and completely in it, and the said Grantor, its
successors or assigns , shall be entitled to and may of right enter
upon and take possession of the said property: Provided, that any
such revesting of title to the Grantor:
(1) Shall always be subject to and limited by, and shall
not defeat, render invalid, or limit in any way
i
(i) the lien of any mortgage or Deed of Trust
permitted by this Deed; and
(ii) any rights or interests provided in the Contract
of Sale for the protection of the trustees of
�I any such Deed of Trust or the holders of any
such mortgage; and
(2) In the event that title to the said property or part'
thereof shall revest in the Grantor in accordance
with the provisions of this Deed, the Grantor shall
pursuant to its responsibilities under applicable law
I
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1 use its best efforts to resell the property or part
thereof (subject to such mortgage liens as herein-
before set forth and provided) as soon and in such
manner as the Grantor shall find feasible and consis-
tent with the objectives of such law, and of the
Urban Renewal Plan, to a qualified and responsible
party or parties (as determined by the Grantor) who
will assume the obligation of making or completing
the Improvements or such other improvements in their
stead as shall be satisfactory to the Grantor and in
accordance with the uses specified for the above
described property or any part thereof in the Urban
Renewal Plan. Upon such resale of the property the
proceeds thereof shall be applied:
I
FIRST : to reimburse the Grantor , on its own behalf
or on behalf of the City of Salem for all costs and
expenses incurred by the Grantor including, but not
limited to, salaries of personnel in connection with
the recapture , management and resale of the property
or part thereof (but less any income derived by the
Grantor from the property or part thereof in connec-
tion with such management) ; all taxes, assessments ,
and water and sewer charges with respect to the pro-
perty or part thereof; any payments made or necessary
to be made to discharge any encumbrances or liens
existing on the property or part thereof at the time
f of revesting of title thereto in the Grantor or to
I" discharge or prevent from attaching or being made any
II subsequent encumbrances or liens due to obligations,
defaults , or acts of the Grantee, hissuccessors , or
transferees; and expenditures made or obligations
incurred with respect to the making or completion of
the Improvements or any part thereof on theproperty
or part thereof; and any amounts otherwise owing the
Grantor by the Grantee and his successors or trans-
ferees ; and
l
SECOND: to reimburse the Grantee , his successors or
transferees up to an amount equal to the sum of the
purchase price paid by him for the property (or allo-
cable to the part thereof) and the cash actually
i invested by him in making any of the Improvements on
the property or part thereof, less any gains or
�i income withdrawn or made by himfrom this conveyance
or from the property.
Any balance remaining after such reimbursements shall be retained
by the Grantor.
I! The Grantor shall be deemed a beneficiary of covenants
Ij numbered FIRST through FIFTH, and the United States shall be
li deemed a beneficiary of the covenant numbered FIFTH, and such
covenants shall run in favor of the Grantor and the United States
(I for the entire period during which such covenants shall be in
force and effect, without regard to whether the Grantor and the
IUnited States is or remains an owner of any land or interest
therein to which such covenants relate. As such a beneficiary,
the Grantor, in the event of any breach of any such covenant, and
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the United States in the event of any breach of the covenant
numbered FIFTH, shall have the right to exercise all the rights
and- remedies, and to maintain any actions at law or suits in
equity or other proper proceedings to enforce the curing of such
breach, to which beneficiaries of such covenant may be entitled.
Promptly after the completion of the above-mentioned Im-
provements in accordance with the provisions of the Construction
Plans , the Grantor will furnish the Grantee with an appropriate
iinstrument so certifying in accordance with the terms of the Con-
tract of Sale. Such certification (and it shall be so provided
I in the certification itself) shall be a conclusive determination
f of satisfaction and termination of the agreements and covenants
I� in the Contract of Sale and in this Deed obligating the Grantee
and his successors and assigns , with respect to the construction
of the Improvements and the dates for beginning and completion
thereof: Provided, that if there is upon the property a mortgage
insured, or held or owned, by the Federal Housing Administration.
and the Federal Housing Administration shall have determined that
all buildings constituting a part of the Improvements and covered
by such mortgage are, in fact, substantially completed in accord-
ance with the Construction Plans and are ready for occupancy,
then in such event, the Grantor and the Grantee shall accept the
determination of the Federal Housing Administration as to such
completion of the construction of the Improvements in accordance
with the Construction Plan, and, if the other agreements and cove-
nants 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 and
such determination shall not constitute evidence of compliance
with or satisfaction of any obligation of the Grantee to any
holder of a mortgage, or any insurer of a mortgage, securing
money loaned to finance the Improvements , or any part thereof.
The certification provided for in the paragraph next
above shall be in such form as will enable it to be recorded in
the proper office for the recordation of deeds and other instru-
ments pertaining to the property hereby conveyed. If the Grantor
shall refuse or fail to provide such certification, the Grantor
shall , within thirty (30) days after written request by the
Grantee provide the Grantee .with a written statement, indicating
in what respects the Grantee has failed to duly complete said
Improvements and what measures or acts will be necessary, in the
opinion of the Grantor , for the Grantee to take or perform in
order to obtain such certification.
The Grantor certifies that all conditions precedent to
the valid execution and delivery of this Quitclaim Deed on its
part have been complied with and that all things necessary to
constitute this Quitclaim Deed, its valid, binding and legal
agreement on the terms and conditions and for the purposes set
forth herein have been done and performed and have happened,
and that the execution and delivery of this Quitclaim Deed on
its part have been and are in all respects authorized in accord-
ance with law. The Grantee similarly certifies with reference
I
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to its execution and delivery of this Quitclaim Deed.
I
WITNESS the execution hereof this 26th day of September, 1984.
W ESS SALEM REDEVELOPMENT AUTHORITY
By
JO BO ,AU, Chairman
WITNESS :
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COMMONWEALTH OF MASSACHUSETTS
Essex, ss . September 26, 1984
i
Then personally appeared the above-named Joan Boudreau,
i
Chairman as aforesaid, and acknowledged the foregoing instrument
to be the free act and deed of the Salem ted velopment Authority.
I
Y
GEORGE P. VALLIS.
NOTARY PUBLIC
MY COMMISSION EXPIRES
JAN. 19, 1990
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£�� �r'"5'..v�+` , � mx .�fi'€„'� f , � r>3 "� tz e•' + t. 1 � f 'a"'"g. "„" �#'„ ' •, ;.
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PALf
FLAW
D E I: D
SALEM REDEVELOPMENT AUTHORITY , a public body politic and
corporate , duly oryanized and existing pursuant to the General
Laws of Massachusetts , havi.nq its office in Salem, Essex County ,
Massachusetts , in consideration of Ten Thousand Five Hundred
($10 , 5(Yb. 00) Dollars , paid , qrants to RUSSELL KIERNAN, of 127
Essex Street , Salem, Massachusetts , with QUITCLAIM COVENANTS ,
all the right , title and interest in and to the following land :
A certain parcel of land , situated on Essex Street , in
the City of Salem, and being shown as Lot RC-10 , on a plan entitled
"Property Plan Project No . Mass . R-95 , Heritage Plaza East , Salem
Redevelopment Buthor.ity , Salem, Mass . , Scale : 1" = 10 ' , dated
October 13 , 1972 , Whitman & Howard , Inc . , Engineers and Architects"
bounded and described as follows :
NORTHERLY by Essex Street , on two (2) courses , forty-
one and 52/1.00 (41 . 52) feet;
EASTERLY by land now or formerly of Benjamin Axelrod ,
et al , eiqhty-nine and 85/100 (89 . 85) feet;
SOUTHERLY by other Land now or formerly of Benjamin
Axelrod , et al , forty-two and 38/100 (42 . 38)
feet ;
WESTERLY by land of the Salem Redevelopment Authority ,
shown as Parcel P-8 on said plan , eighty-four
and 18/100 (84 . 18 ) leet .
Containing 3 , 630 square feet of land according to said plan.
I
Included in the above described parcel of. land is a portion of
registered land being a subdivision of land shown upon plan
numbered 2568-A, as noted on Certificate of Title No. 61.9 filed
in the Land Registration Office and bounded and described as
follows :
NORTHERLY by Essex Street, thirty-six and 44/100 ( 36 .44 )
feet ;
EASTERLY by land now or formerly of Walter. F. Peck ,
eighty-nine and 85/100 (89 . 85) feet ;
I I'
SOUTHERLY by land now or formerly of Hannah J . O ' Connor ,
forty-two and 38/100 (42 . 38) feet ;
WESTERLY by land now or formerly of Salem Redevelopment
Authority , twenty-five and 47/100 (25 . 47) feet;
NORTHERLY by other land now or formerly of the Salem
Redevelopment Authority, nine and 95/1,00
(9 . 95) feet;
WESTERLY by other land now or formerly of the Salem
Redevelopment Authority , fifty-nine and 47/100
(59. 47) feet .
A
BOtlh; i 24%, PAGt. 364
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Said premises containing 3 ,187 square feet of land.
For title reference, see Order of Taking, recorded with Essex
South District Registry of Deeds , on November 22 , 1972 , in
Book 5927 , Page 447 .
This Deed is made and executed upon and is subject to
certain express conditions and covenants , said conditions and
covenants being a part of the consideration for the property
hereby conveyed and are to be taken and construed as running
with the land and upon the continued observance of which and
each of which, with the sole exception of covenants numbered
FIRST and FIFTH, the continued existence of the estate hereby
granted shall depend , and the Grantee hereby binds himself
and his successors , assigns , grantees and lessees forever to
these covenants and conditions which covenants and conditions
are as follows :
FIRST : The Grantee shall devote the property hereby
conveyed only to the uses specified in the applicable provisions
of the Urban Renewal Plan or approved modifications thereof ;
subject to the provisions in covenant numbered THIRD.
SECOND: The Grantee shall pay real estate taxes or
assessments on the property hereby conveyed or any part thereof
when due and shall not place thereon any encumbrance or lien
other than for temporary and permanent financing of construction
of the Improvements on the property hereby conveyed as provided
for in the Construction Plans , approved by the Grantor in accor-
dance with Section 8 (11) of the Contract of Sale dated the 28th
day of June , 1978 , between the parties hereto , (hereinafter
referred to as the "Contract of Sale") which Contract of Sale is
on file in the office of the City Clerk of the City of Salem, and
for additional funds , if any, in an amount not to exceed the
consideration herein specified , and shall not suffer any levy or
attachment to be made or any other encumbrance or lien to attach
until the Grantor certifies that all building construction and
other physical improvements specified to be done and made by the
Grantee have been completed;
THIRD: The Grantee shall commence promptly the construc-
tion of the aforesaid Improvements on the property hereby conveyec
j in accordance with the said Contract of Sale and shall prosecute
diligently the construction of said Improvements to completion :
Provided, that in any event, construction shall commence on or
before August 15 , 1978 , and shall be substantially completed
within twelve (12) months from the commencement of such construc-
tion and in accordance with Section 4 of the Contract of Sale
dated the 28thday of June, 1978 .
FOURTH : Until the Grantor certifies that all the afore-
said Improvements specified to be done and made by the Grantee
r have been completed, the Grantee shall have no power to convey
the property hereby conveyed or any ,part thereof without the
prior written consent of the Grantor except to a Mortgagee or
Trustee under a Mortgage or Deed of Trust permitted by this
Deed, and, except as security for obtaining financing permitted
by this Deed, there shall be no transfer, and the Grantee shall
not permit any transfer, by any party, owning ten ( 10%) percent
or more of the stock of the Grantee of such stock, nor shall ther(
i
w `,.t. 'xTM r�1ti e�ky+.r�" *�..�.n.. e.�......w.tew.a ".�"."""'°"""o""':"'"' r g . •�..-v-« �..
ia6a'&iL:> b .
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I
be, or be suffered to be by the Grantee, any other similarly
significant change in the ownership of such stock or in the
relative distribution thereof, or with respect to the identity
of the parties in control of the Grantee a tee of the degree i
g ee thereof,
by any other method or means , including, but not limited to,
increased capitalization, merger, corporate or other amendments ,
issuance of additional or new stock or classification of stock ,
or otherwise ;
FIFTH: The Grantee agrees for himself and any successors
in interest not to discriminate upon the basis of race, color ,
sex, religion, or national origin in the sale , lease , or rental
or in the use or occupancy of the property hereby conveyed or any
part thereof or of any Improvements erected or to be erected
thereon or any part thereof.
The covenants and agreements contained in the covenant
numbered FIRST shall terminate on March 23 , 2012. The covenants
and agreements contained in covenants numbered SECOND, THIRD, and
FOURTH shall terminate on the date the Grantor issues the Certi-
ficate of Completion as herein provided except only that the ter-
mination of the covenant numbered SECOND shall in no way be con-
strued to release the Grantee from its obligation to pay real
estate taxes or assessments on the' property hereby conveyed or
any part thereof. The covenant numbered FIFTH shall remain in
effect without any limitation as to time.
In case of the breach or violation of any one of the cove
nants numbered SECOND, THIRD, and FOURTH at any time prior to the
time the Grantor certifies that all building construction and
other physical improvements have been completed , and in case such
breach or such violation shall not be cured, ended or remedied
within sixty (60) days after written demand by the Grantor so to
do with respect to covenant numbered FOURTH and three (3) months
after written demand by the Grantor so to do with respect to
covenants numbered SECOND and THIRD (Provided, that a breach or
violation with respect to the portion of covenant numbered THIRD,
dealing with completion of the Improvements may be cured, ended
or remedied within six (6) months after written demand by the
Grantor so to do) or any further extension thereof that may be
granted by the Grantor in its sole discretion, then all estate,
conveyed under this Deed , shall cease and determine , and title
f in fee simple to the same shall revert to and become revested in.
the Grantor, or its successors or assigns , and such title shall
be revested fully and completely in it, and the said Grantor,
its successors or assigns , shall be entitled to and may of right
enter upon and take possession of the said property : Provided,
that any such revesting of title to the Grantor :
(1) Shall always be subject to and limited by , and
shall not defeat, render invalid, or limit in
any way
(i) the lien of any mortgage or Deed of Trust
permitted by this Deed; and
i
(ii) any rights or interests provided in the
Contract of Sale for the protection of the
trustees of any such Deed of Trust or the
holders of any such mortgage ; and
II e
i
1
,.. 'y qW.. y,g� a ar t�" a A"`h,+ at+• v �' � '` P `E;r
xek ,�
1 -f�Rx M1' k .h. ... 4{. .4A n. kd •
Rnor,7?_4%? rnc(. 366
4-
(2) In the event that title to the said property or part
thereof shall revest in the Grantor in accordance
with the provisions of this Deed, the Grantor shall
pursuant to its responsibilities under applicable
law use its best efforts to resell the property or
part thereof (subject to such mortgage liens as
hereinbefore set forth and provided) as soon and in
such manner as the Grantor shall find feasible and
consistent with the objectives of such law, and of
the Urban Renewal Plan, to a qualified and respon-
sible party or parties (as determined by the Grantor)
who will assume the obligation of making or complet-
ing the Improvements or such other improvements in
their stead as shall be satisfactory to the Grantor
and in accordance with the uses specified for the
above described property or any part thereof in the
Urban Renewal Plan. Upon such resale of the property
the proceeds thereof shall be applied :
FIRST : to reimburse the Grantor, on its own behalf
or on behalf of the City of Salem for all costs and
expenses incurred by the Grantor including , but not
limited to, salaries of personnel in connection with
the recapture , management and resale of the property
or part thereof (but less any income derived by the
Grantor from the property or part thereof in connec-
tion with such management) ; all taxes , assessments ,
and water and sewer charges with respect to the pro-
perty or part thereof; any payments made or necessary
to be made to discharge any encumbrances or liens
existing on the property or part thereof at the time
of revesting of title thereto in the Grantor or to
discharge or prevent from attaching or being made any
subsequent encumbrances or liens due to obligations ,
defaults , or acts of the Grantee, his successors, or
transferees ; and expenditures made or obligations
incurred with respect to the making or completion , of. �
the Improvements or any part thereof on the property
or part thereof; and any amounts otherwise owing the
Grantor by the Grantee and his successors or trans-
ferees'; and
SECOND: to reimburse the Grantee , his successors or
transferees up to an amount equal to the sum of the
purchase price paid by him for the property (or
allocable to the part thereof) and the cash actually
invested by him in making any of the Improvements on
the property or part thereof , less any gains or
income withdrawn or made by him from this conveyance !
or from- the property.
Any balance remaining after such reimbursements shall be retained
by the Grantor.
The Grantor shall be deemed a beneficiary of covenants
numbered FIRST throuqh FIFTH, and the United States shall be
deemed a beneficiary of the covenant numbered FIFTH , and such
covenants shall run in favor of the Grantor and the United States
for the entire period during which such covenants shall be in
i
anor•'72�1%' PncE 367
Yi
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force and effect, without regard to whether the Grantor and the
United States is or remains an owner of any land or interest
therein to which such covenants relate . As such a beneficiary,
the Grantor, in the event of any breach of any such covenant, and
the United States in the event of any breach of the covenant
numbered FIFTH, shall have the right to exercise all the rights
and remedies , and to maintain any actions at law or suits in
equity or other proper proceedings to enforce the curing of such
breach, to which beneficiaries of such covenant may be entitled.
it
Promptly after the completion of the above-meptioned
Improvements in accordance with the provisions of the Constructio
Plans, the Grantor will furnish the Grantee with an appropriate
instrument so certifying in accordance with the terms' of the Con-
tract of Sale. Such certification (and it shall be so provided
in the certification itself) shall . be a conclusive determination
of satisfaction and termination of the agreements and covenants
in the Contract of Sale and in this Deed obligating the Grantee
and his successors and assigns , with respect to the construction
of the Improvements and the dates for beginning and completion
thereof : Provided, that if there is upon the property a mortgage
insured, or held or owned, by the Federal Housing Administration
and the Federal Housing Administration shall have determined that
all buildings constituting a part of the Improvements and covered
by such mortgage are , in fact, substantially completed in accord-
ance with the Construction Plans and are ready for occupancy,'
then in such event , the Grantor and the Grantee shall accept the
determination of the Federal Housing Administration as to such
completion of the construction of the Improvements in accordance
with the Construction Plan, and, if the other agreements and cove-
nants 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 and
such determination shall not constitute evidence of compliance
with or satisfaction of any obligation of the Grantee to any
holder of a mortgage , or any insurer of a mortgage , securing
money loaned to finance the Improvements, or any part thereof .
The certification provided for in the paragraph next
above shall be in such form as will enable it to be recorded in
the proper office for the recordation of deeds and other instru-
ments pertaining to the property hereby conveyed. If the Grantor
shall refuse or fail to provide such certification, the Grantor
shall , within thirty (30) days after written request by the
Grantee provide the Grantee with a written statement,, indicating
in what respects the Grantee has failed to duly complete said
Improvements and what measures or acts will be necessary , in the
opinion of the Grantor, for the Grantee to take or perform in
order to obtain such certification.
1.
The Grantor certifies that all conditions precedent to
the valid execution and delivery of this Quitclaim Deed on its
part have been complied with and that all things necessary to
constitute this Quitclaim .Deed, its valid, binding and legal
agreement on the terms and conditions and for the purposes set
forth herein have been done and performed and have happened,
and that the execution and delivery of this Quitclaim Deed on
its part have been and are in all respects authorized in accord-
ance with law. The Grantee similarly certifies with reference
77777-771,
7 111!1111111
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to its execution and delivery of this Quitclaim Deed
WITNESS the execution hereof this 2nd '
day
WITN SS "
n3>v w 5
SALEM REDEVELOPMEN k W-.4. y
BY
f
RUSSELL KIERNAN
COMMONWEALTH OF MASSACHUSETTS �
Essex, ss. August 2 , 1978
Then personally appeared the above-named Dominic R. Marraffa
Chairman, and acknowledged the foregoing instrument to be the
free act and deed of the Salem Redevelopment Authority, before
me ,
I
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$F'} 'Ir' tt yy. "kh ;1:7 .11-1� t d 0 EORGE P. VALLIS
r' !'�f",'� „sC� ; 1S. t ,a:l. NOTARY PUBLIC
tt{{ �i';���� t MY COMMISSION EXPIRgp j
DEC. 10,
1882
' I
Essex es. RECORDED_,b 1Y 83 --k-ApgST _C . IDST 377
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MASSACHUSETTS QUITCLAIM DEED Sy CORPORATION (SHORT FORM) 684
SALEM REDEVELOPMENT AUTHORITY,
a corporation duly established under the laws of the Commonwealth of Massachusetts,
and having its usual place of business at One Salem Green, Salem,
Essex County,Massachusetts
nominal
for,tonsideration paid,anddadulkwuddumianxi
ltants to CITY OF SALEM a municipal corporation established and existing under the
aws of the Commonwealth of Massachusetts, having its usual place of business at
93 Washington Street, Salem, MA.
11111� with gnitrinitn ravennnfn
�I tmCll xi*xl*
A certain parcel of land, situated on Liberty Street, City of Salem, County of Essex,
bounded and described as follows:
NORTHERLY by a line in Liberty Street, twenty-eight and 64/100 (28.64) feet;
EASTERLY by land now or formerly of.Salem Redevelopment Authority, twenty-
five and 46/100 (25.46) feet, being Lot 1 on plan hereinafter
referred to;
SOUTHERLY by a line in Liberty Street, twenty-eight and 46/100 (28.46) feet;
WESTERLY by a line in Liberty Street, twenty-five and 55/100 (25.55) feet.
The above-described parcel is shown as Lot 2 on a plan entitled, "Plan of Land in
Salem, Scale: 1" = 20' , dated May 4, 1984, Essex Survey Service, Inc. , Registered
Land Surveyors" and being a subdivision of Land Court Plan numbered 2568A filed
with Certificate of Title No. 619.
e For title reference, see Deed of Donald E. Bixby, et al, dated May 14, 1969,
,1 recorded as Document No. 131028; see also Order of Taking recorded as Document
m No. 195140, as noted on Certificate of Title No. 39236.
In
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to
H
y 1[Y$ ut n.p, lrfgexrof, the said Salem Redevelopment Authority,
4Jhas caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and
v
A delivered in its name and behalf by Joan Boudreau,
I
its Chairman hereto duly authorized, this 26th
o
day of September in the year one thousand nine hundred and eighty-four.
w
SOnd seale in presence of
...............................................................................................................................
Ha
SALEM,_REDEVELOPMENT AUTHORITY
.. ..... .... . .. .. ..... .................. ................ ....................................................................:.
o by
��a
JO UDREAU, Chairman
u7hr hCntnntnntuen[tll of ffinnnnxllnnefYn
Essex, ss. September 26, 1984
Then personally appeared the above named Joan Boudreau, Chairman as aforesaid,
and acknowledged the foregoing instrument to be the free act d of Salem Redevelopment
Authority, before me
t
......................... ........ ...... ... .hy
..................................................
Notblic--justice-of+he-Peau
GEORGE P. VALLIS
My commission expires NOTARY PUBLIC Is\,
MY COMMISSION EXPIRES
CHAPTER 183 SEC. 6 AS AMENDED BY CHAPTER 497 OF 1969 JAN. 19, 1990
Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and
a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a
specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by the grantee or remaining thereon.All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with
this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the
requirements of this section.
l— 6
THE FOLLOWING IS NOT A FART OF THE DEED, AND IS NOT TO RE RECORDED) '?
CHAPTER 183, SECTION 11, GENERAL LAWS
A deed in substance following the form entitled "Quitchum Deed" shall when duly executed have the
force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with
covenants on the part of the grantor, for himself, his heirs, executors, administrators and successors, with the
grantee, his heirs, successors and assigns, that at the time of the delivery of such deed the premises were
free from all encumbrances made by him, and that he will, and his heirs, executors and administrators shall,
warrant and defend the same to the grantee and his heirs and assigns forever against the lawful claims and
demands of all persons claiming by, through or under the grantor,but against none other.
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07201
3
D E E D
SALEM REDEVELOPMENT AUTHORITY, a public body politic and corporate, duly
organized and existing pursuant to the General Laws of Massachusetts, having
its office in Salem, Essex County, Massachusetts, in consideration of One
Thousand ($1,000.00) Dollars paid, grants to WILLIAM CARMEN and BEVERLY E.
CARMEN, husband and wife, as joint tenants, of 16 Dartmouth Street, West Newton,
Massachusetts with QUITCLAIM COVENANTS, all its right, title and interest in
and to a certain parcel of real estate more particularly described in Schedule
"A" annexed hereto and made a part hereof.
This Deed is made and executed upon and is subject to certain express
conditions and covenants, said conditions and covenants being a part of the
consideration for the property hereby conveyed and are to be taken and con-
strued as running with the land and upon the continued observance of which and
each of which, with the sole exception of covenants numbered FIRST and FIFTH,
the continued existence of the estate hereby granted shall depend, and the
Grantee hereby binds itself and its successors, assigns, grantees, and lessees
forever to these covenants and conditions which covenants and conditions are
as follows:
FIRST: The Grantee shall devote the property hereby conveyed only to
the uses specified in the applicable provisions of the Urban Renewal Plan or
approved modifications thereof; subject to the provisions in covenant numbered
THIRD.
SECOND: The Grantee shall pay real estate taxes or assessments on the
property hereby conveyed or any part thereof when due and shall not place
thereon any encumbrance or lien other than for temporary and permanent financ-
ing of construction of the Improvements on the property hereby conveyed in
accordance with Section 12 of the Contract of Sale, dated the 15th day of
September, 1982, between the parties hereto (hereinafter referred to as the
"Contract of Sale") which Contract of Sale is on file in the office of the City
Clerk of the City of Salem, and for additional funds, if any, in an amount not
to exceed the consideration herein specified, and shall not suffer any levy or
attachment to be made or any other encumbrance or lien to attach until the
i Grantor certifies that all building construction and other physical improve-
ments specified to be done and made by the Grantee have been completed;
THIRD: The Grantee shall commence promptly the construction of the
aforesaid Improvements on the property hereby conveyed in accordance with
approved Construction Plans and shall prosecute diligently the construction
� of the said Improvements to completion: Provided, that in any event, con-
i struction shall commence within seven (7) days from the date of this deed and
shall be substantially completed in accordance with Section 4 of the Contract
of Sale dated the 15th day of September, 1982.
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FOURTH: Until the Grantor certifies that all the aforesaid Improvements
ifIspecified to be done and made by the Grantee have been completed, the Grantee
shall have no power to convey the property hereby conveyed or any part thereof
without the prior written consent of the Grantor except to a Mortgagee or
Trustee under a Mortgage of Deed of Trust permitted by this Deed, and, except
as security for obtaining financing permitted by this Deed, there shall be no
transfer, and the Grantee shall not permit any transfer, by any party, owning
ten percent or more of the stock of the Grantee of such stock, nor shall there
be, or be suffered to be by the Grantee, any other similarly significant change]
! in the ownership of such stock or in the relative distribution thereof or with
respect to the identity of the parties in control of the Grantee of the degree
thereof, by any other method or means, including, but not limited to, increased
capitalization, merger, corporate or other amendments, issuance of additional
or new stock or classification of stock, or otherwise;
FIFTH: The Grantee agrees for itself and any successor in interest not
to discriminate upon the basis of race, color, sex, religion, or national
j origin in the sale, lease, or rental or in the use or occupancy of the property
ii hereby conveyed or any part thereof or of any Improvements erected or to be
erected thereon or any part thereof.
The covenants and agreements contained in the covenant numbered FIRST
shall terminate on March 23, 2012. The covenants and agreements contained in
covenants numbered SECOND, THIRD and FOURTH shall terminate on the date the
Grantor issues the Certificate of Completion as herein provided except only
that the termination of the covenant numbered SECOND shall in no way be con-
strued to release the Grantee from its obligation to pay real estate taxes or
assessments on the property hereby conveyed or any part thereof. The covenant
i
numbered FIFTH shall remain in effect without any limitation as to time.
j
In case of the breach or violation of any one of the covenants numbered
SECOND, THIRD and FOURTH at any time prior to the time the Grantor certifies
ii that all building construction and other physical improvements have been com-
pleted, and in case such breach or such violation shall not be cured, ended or
'I remedied within sixty (60) days after written demand by the Grantor so to do
with respect to covenant numbered FOURTH and three (3) months after written j
demand by the Grantor so to do with respect to covenants numbered SECOND and
jl THIRD (provided, that a breach or violation with respect to the portion of
covenant numbered THIRD, dealing with completion of the Improvements may be
cured, ended or remedied within six (6) months after written demand by the
Grantor so to do) or any further extension thereof that may be granted by the
Grantor in its sole discretion, then all estate, conveyed under this Deed,
shall cease and determine, and title in fee simple to the same shall revert to ,
and become revested in the Grantor, or its successors or assigns, and such
II
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title
3-title shall be revested fully and completely in it, and the said Grantor, its
successors or assigns, shall be entitled to and may of right enter upon and
take possession of the said property: Provided, that any such revesting of
title to the Grantor:
(1) Shall always be subject to and limited by, and shall not
defeat, render invalid, or limit in any way
(i) the lien of any mortgage or Deed of Trust permitted
by this Deed; and
(ii) any rights or interests provided in the Contract of
Sale for the protection of the trustees of any such
Deed of Trust or the holders of any such mortgage;
and
(2) In the event that title to the said property or part thereof
shall revest in the Grantor in accordance with the provisions
of this Deed, the Grantor shall pursuant to its responsibilities
under applicable law use its best efforts to resell the property
or part thereof (subject to such mortgage liens as hereinbefore
set forth and provided) as soon and in such manner as the .
Grantor shall find feasible and consistent with the objectives
of such law, and of the Urban Renewal Plan, to a qualified and
responsible party or parties (as determined by the Grantor)
who will assume the obligation of making or completing the
Improvements or such other improvements in their stead as shall
be satisfactory to the Grantor and in accordance with the uses
specified for the above described property or any part thereof
in the Urban Renewal Plan. Upon such resale of the property
the proceeds thereof shall be applied:
FIRST: to reimburse the Grantor, on its own behalf or on behalf
of the City of Salem for all costs and expenses incurred by the
!' Grantor, including, but not limited to, salaries of personnel in
connection with the recapture, management and resale of the pro-
perty or part thereof (but less any income derived by the Grantor
from the property or part thereof in connection with such manage-
ment) ; all taxes, assessments, and water and sewer charges with
respect to the property or part thereof; any payments made or
necessary to be made to discharge any encumbrances or liens exist-
ing on the property or part thereof at the time of revesting of
ii title thereto in the Grantor or to discharge or prevent from
i; attaching or being made any subsequent encumbrances or liens due
to obligations, defaults, or acts of the Grantee, its successors,
or transferees and expenditures made or obligations incurred with
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respect to the making or completion of the Improvements or any
�i part thereof on the property or part thereof; and any amounts
otherwise owing the Grantor by the Grantee and its successors
'I or transferees; and
i
SECOND: to reimburse the Grantee, its successors or trans-
ferees up to an amount equal to the sum of the purchase price
paid by it for the property (or allocable to the part thereof)
and the cash actually invested by it in making any of the
Improvements on the property or part thereof, less anv gains
or income withdrawn or made by it from this conveyance or from
the property.
Any balance remaining after such reimbursements shall be retained by the
Grantor.
The Grantor shall be deemed a beneficiary of covenants numbered FIRST
through FIFTH, and the United States shall be deemed a beneficiary of the
covenant numbered FIFTH, and such covenants shall run in favor of the Grantor
and the United States for the entire period during which such covenants shall
be in force and effect, without regard to whether the Grantor and the United
States is or remains an owner of any land or interest therein to which such
covenants relate. As such a beneficiary, the Grantor, in the event of any
breach of any such covenant, and the United States in the event of any breach
of the covenant numbered FIFTH, shall have the right to exercise all the rights
and remedies, and to maintain any actions at law or suits in equity or other
proper proceedings to enforce the curing of such breach, to which beneficiaries
of such covenant may be entitled.
Promptly after the completion of the above-mentioned Improvements in
accordance with the provisions of the Construction Plans, the Grantor will
furnish the Grantee with an appropriate instrument so certifying in accordance
with the terms of the Contract of Sale. Such certification (and it shall be so
provided in the certification itself) shall be a conclusive determination of
satisfaction and termination of the agreements and covenants in the Contract
of Sale and in this Deed obligating the :Grantee and its successors and assigns,
with respect to the construction of the Improvements and the dates for begin-
ning and completion thereof: Provided, that if there is upon the property a
mortgage insured, or held or owned, byibe Federal Housing Administration and
the Federal Housing Administration shall have determined that all buildings
constituting a part of the Improvements and covered by such mortgage are, in
" fact, substantially completed in accordance with the Construction Plans and
l
are ready for occupancy, then, in such event, the Grantor and the Grantee shall
i� accept the determination of the Federal Housing Administration as to such com-
pletion of the construction of the Improvements in accordance with the Con-
i
struction Plan, and, if the other agreements and covenants in the Agreement
obligating the Grantee in respect of the construction and completion of the
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Improvements have been fully satisfied the Grantor shall forthwith issue its
certification and such determination shall not constitute evidence of compliance
with or satisfaction of any obligations of the Grantee to any holder of a mort-;
gage, or any insurer of a mortgage, securing money loaned to finance the
Improvements, or any part thereof.
�I The certification provided for in the paragraph next above shall be in
.i such form as will enable it to be recorded in the proper office for the recor-
dation of deeds and other instruments pertaining to the property hereby conveyed.
If the Grantor shall refuse or fail to provide such certification, the Grantor
shall, within thirty (30) days after written request by the Grantee provide the
Grantee with a written statement, indicating in what respects the Grantee has
failed to duly complete said Improvements and what measures or acts will be
necessary, in the opinion of the Grantor, for the Grantee to take or perform in
order to obtain such certification.
The Grantor certifies that all conditions precedent to the valid execution
and delivery of this Quitclaim Deed on its part have been complied with and
that all things necessary to constitute this Quitclaim Deed, its valid, binding
and legal agreement on the terms and conditions and for the purposes set forth
herein have been done and performed and have happened, and that the execution
and delivery of this Quitclaim Deed on its part have been and are in all res-
pects authorized in accordance with laws. The Grantee similarly certifies with'
reference to its execution and delivery of is�6 Quitcl 'm Deed.
WITNESS the execution hereof this qday of� f1953.
��' 888888
(SEAL) SALEM REDEVELOPMENT AUTHORITY
� J BOUDRE Chairman
WILLIAM CARMEN
BEVERLY t. CARMEN
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. �'j 1983
j� Then personally appeared the above-named Joan M. Boudr au, Chairman, as
'i aforesaid, and acknowledged the foregoing instrum he free act and
Iideed of the Salem Redevelopment Authority, befor
IF
GEORGE P. VALLIS;_
NOTARY PUBLIC
MY COMMISSION EXPIRES
pA.%' 19: 1990
�f
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"SCHEDULE A"
A certain parcel of land, being shown as Parcel RC-11F on plan of
land entitled, "Property Plan, Project No. Mass . R-95 , Heritage
Plaza-East, Salem Redevelopment Authority , Salem, Mass. , Scale:
1 " = 201 , June 29 , 1979 , Essex Survey Service, Inc. " recorded
with Essex South District Registry of Deeds , in Plan Book 155,
Plan 42 , bounded and described as follows:
NORTHERLY by land now or formerly of Carmen, thirty (30 )
feet;
EASTERLY by Parcel RC-11G, as shown on said plan, twenty
(20) feet;
SOUTHERLY by said Parcel RC-11G, as shown on said plan,
thirty (30) feet;
WESTERLY by the sideline of Holyoke Court, twenty (20)
feet.
Said premises containing 600 square feet of land, more or less ,
according to said plan.
Said premises are conveyed together with the benefit of certain
rights and reservations retained by the Salem Redevelopment
Authority in its deed to Pasquanna Developers, Inc. , dated
September 18, 1979 , recorded with said Registry of Deeds , Book
6640 , Page 633.
For title of grantor, see Order of Taking recorded on December 17 ,
1975, with Essex South District Registry of Deeds , Book 6205 , Page
413.
D E E D
SALEM REDEVELOPMENT AUTHORITY , a public body politic, .
and corporate , duly organized and existing pursuant to the General
Laws of Massachusetts , having its office in Salem, Essex County ,.
Massachusetts , in consideration of One Thousand ($1, 000 . 00) Dollars
paid , qrants to JOHN M, INGEMI and STEPHEN C . INGEMI, as tenants
in common, of 38 Margin Street, Salem, Massachusetts ,
with [QUITCLAIM COVENANTS , all its right , title and interest in and
to a certain parcel of real estate more particularly described in
Schedule "A" annexed hereto and made a part hereof.
This Deed is made and executed upon and is subject to
certain express conditions and covenants , said conditions and
covenants being a part of the consideration for the property
hereby conveyed and are to be taken and construed as running with
the land and upon the continued observance of which and each of
which, with the sole exception of covenants numbered FIRST and
FIFTH, the continued existence of the estate hereby granted shall
depend, and the Grantee hereby binds itself and its successors ,
assigns , grantees , and lessees forever to these covenants and
conditions which covenants and conditions are as follows :
FIRST: The Grantee shall devote the property hereby
conveved only to the uses specified in the applicable provisions
of the Urban Renewal Plan or approved modifications thereof;
subject to the provisions in covenant numbered THIRD.
SECOND: The Grantee shall Day real estate taxes or
assessments on the property hereby conveyed or any part thereof
when due and -shall not place thereon any encumbrance or lien .
other than for temporary and permanent financing of construction
of the Improvements on the property hereby conveyed .in accordance
with Section 12 of the Contract of Sale, dated the 3rd day of
December; lb R4, .between the parties hereto, (hereinafter referred
to as the "Contract of Sale" ) which Contract,'of 'Sale is on file
in the office of the City Clerk of the City of Salem, and for
additional funds , if any, in an amount not to exceed the considera
tion herein specified, and shall not suffer any levy or attachment
to be made or .anv other encumbrance or lien to attach until the
Grantor certifies that all building construction and other physical
improvements specified to be done and made by the Grantee-have
been completed} `*
,.,,.:THIRD: -Th'e'Grantee7-:shal1 'commence promptly the constru
tion of the aforesaid,'&Improvements on the property hereby conveyed
in accordance w}th';approved'Construction• plans; and shall prosecute
Y) } '
III
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diligently the construction of the said Improvements to completion:
xg��cR���xx��c�xxzmx�sa�x���xixa;X����%XaaX��a.Yv}z��tF�X1X�S���F�X�tx
X����Ix�Rkx����x�x�mX%M�X��X�xNkxX34��Xxx��tx�C�]xk�h�ttl�x
xRax&�x��mN Y�x��xzxxa��Nx��N��x���Jax��acK�X��d�[�xx�ra�ax�ca�,
�atX�xda���XRhe�x��txx�a[�x��x �XXa�� xx
FOURTH: Until the Grantor certifies that all the afore-
said Improvements specified to be done and made by the Grantee
have been completed, the Grantee shall have no power to convey the
property hereby conveyed or any part thereof without the prior
written consent of the Grantor except to a Mortgagee or Trustee
under a Mortgage or Deed of Trust permitted by this Deed , and,
except as security for obtaining financing permitted by this Deed ,
there shall be no transfer, and the Grantee shall not permit any
transfer, by any party , owning ten percent or more of the stock
of the Grantee of such stock, nor shall there be, or be suffered
to be by the Grantee , any other similarly significant change in
the ownership of such stock or in the relative distribution thereof
or with respect to the identity of the parties in control of the
Grantee of the degree thereof, by any other method or means ,
including, but not limited to, increased capitalization, merger ,
corporate or other amendments, issuance of additional or new stock
or classification of stock, or otherwise;
FIFTH: The Grantee agrees for itself and any successor
in interest not to discriminate upon the basis of race, color ,
sex, religion, or national origin in the sale, lease, or rental
or in the use or occupancy of the property hereby conveyed or any
part thereof or of any Improvements erected or to be erected
thereon or any part thereof.
The covenants and agreements contained in the covenant
numbered FIRST shall terminate on March 23 , 2012. The covenants
and agreements contained in covenants numbered SECOND, THIRD and
FOURTH shall terminate on the date the Grantor issues the Certi-
ficate of Completion as herein provided except only that the
termination of the covenant numbered SECONDshallin no way be
construed to release the Grantee from its obligation to pay real
estate taxes or assessments on the property hereby conveyed or
any part thereof. The covenant numbered FIFTH shall remain in
effect without any limitation as to time.
In case of the breach or violation of any one of' the
covenants numbered SECOND, THIRD and FOURTH at any time prior to
the time the Grantor °cer-tifies Ul ,ast all, building construction and
other physical.,improvements havewbeen completed, and in case such
_.- breach or such violation shall ;n1t� be `cured, ended 'or remedied
within sixty, (60)- days after written ded d..- y •:the Grantor so to
-3-
respect to covenant numbered FOURTH and three ( 3) months
after %::ritten demand by the Grantor so to do with respect to
covenants numbered SECOND and THIRD (provided , that a breach or
violation Faith respect to the portion of covenant numbered THIRD ,
dealing o:ith completion of the Improvements may be cured , ended _
or remedied ,:ithin six ( 6) months after written demand by the
Grantor so to do) or any further extension thereof that may be
granted b . the Grantor in its sole discretion , then all estate ,
cenae•:,ed under this Deed , shall cease and determine, and title Jr.
fee _si^:_-Dle to the same shall revert to and become revested in the
grantor , or its successors or assigns , and such title shay: be
revested full . and completely in it , and the said Grantor , its
successors or assigns , shall be entitled- to and may of richt enter
upon and take possession of the said property: Provided, that anv
suer: revesting of title to the Grantor:
( 1) Shall always be subject to and limited by , and
shall not defeat, render invalid, or limit in
any way
( i) the lien of any mortgage or Deed of Trust
permitted by this Deed; and
(ii) any rights or interests provided in the
Contract of Sale for the protection of
the trustees of any such Deed of Trust
or the holders of any such mortgage; and
( 2) In the event that title to the said property or
part thereof shall revest in the Grantor in
accordance with the provisions of this Deed,
the Grantor shall pursuant to its responsibili-
ties under applicable law use its best efforts
to resell the property or part thereof (subj.ect
to such mortgage liens as hereinbefore set forth
and provided) as soon and in such manner as the
Grantor shall find feasible and consistent with
the objectives of such law, and of the Urban
Renewal Plan, to a qualified and responsible
party or parties (as determined by the Grantor)
who will assume the obligation of making or
completing the improvements or such other improve-
ments in their stead as shall be satisfactory to
the Grantor and in accordance with the uses
specified for the above described property or
any part thereof in the Urban Renewal Plan. Upon
-4-
such resale of the property the proceeds thereof
shall be applied :
FIRST: to reimburse the Grantor , on its own behalf
or on behalf of the City of Salem for all costs
and expenses incurred by the Grantor, including ,
but not limited to , salaries of personnel in con-
nection with the recapture , management and resale
Of the property or part thereof (but less any
income derived b-,- the Grantor from the property
or part thereof in connection with such management) ;
all taxes , assessments , and water and sec•,er charges
with respect to the property or part thereof ; any
payments made or necessary to be made to discharge
any encumbrances or liens existing on the property
or part thereof at the time of revesting of title
thereto in the Grantor or to discharge or prevent
from attaching or being made any subsequent encum-
brances or liens due to obligations , defaults , or
acts of the Grantee , its successors , or transferees ;
and expenditures made or obligations incurred with
respect to the making or completion of the Improve-
ments or any part thereof on the property or part
thereof ; and any amounts otherwise owing the Grantor
by the Grantee and its successors or transferees ;
and
SECOND: to reimburse the Grantee, its successors
or transferees up to an amount equal to the sum
of the purchase price paid by it for the property
(or allocable to the part thereof) and the cash
actually invested by it in making any of the
Improvements on the property or part thereof ,
less any gains or income withdrawn or made by it
from this conveyance or from the property.
Any balance remaining after such reimbursements shall be retained.:
by the Grantor.
The Grantor shall be deemed a beneficiary of covenants
numbered FIRST through FIFTH, and the United States shall be
deemed a beneficiary of the covenant numbered FIFTH, and such
covenants shall run in favor bf the Grantor and the United States
for the entire period during which such covenants shall be in
force and effect, without regard to whether the Grantor and the
United States is or remains an owner of any land or interest
-5-
therein to which such covenants relate . As such a beneficiary ,
the Grantor , in the event of anv breach of any such covenant, and
the United States in the event of any breach of the covenant
numbered FIFTH, shall have the right to exercise all the rights
and remedies , and to maintain any actions at law or suits in
equity or other proper proceedings to enforce the curing of such
breach , to which beneficiaries of such covenant may be entitled.
Promptly after the completion of the above-mentioned
Improvements in accordance with the provisions of the Construction
Plans , the Grantor will furnish the Grantee with an appropriate
instrument so certifying in accordance with the terms of the
Contract of Sale. Such certification (and it shall be so provided
in the certification itself) shall be a conclusive determination
of satisfaction and termination of the agreements and covenants
in the Contract of Sale and in this Deed obligating the Grantee
and its successors and assigns , with respect to the construction
of the Improvements and the dates for beginning and completion
thereof : Provided, that if there is upon the property a mortgage
insured, or held or owned, by the Federal Housing Administration
and the Federal Housing Administration shall have determined that
all buildings constituting a part of the Improvements and covered
by such mortgage are, in fact , substantially completed in accord-
ance with the Construction Plans and are ready for occupancy , then,
in such event, the Grantor and the Grantee shall accept the deter-
mination of the Federal Housing Administration as to such comple-
tion of the construction of the Improvements in accordance with
the Construction Plan, and, if the other agreements and covenants
in the Agreement obligating the Grantee in respect of the con-
struction and completion of the Improvements have been fully
satisfied the Grantor shall forthwith issue its certification and
such determination shall not constitute evidence of compliance
with or satisfaction of any obligations of the Grantee to any
holder of a mortgage, or any insurer of a mortgage, securing money„
loaned to finance the Improvements , or any part thereof.
The certification provided for in the paragraph next
above shall be in such form as will enable it to be recorded in
the proper office for the recordation of deeds and other instru-
ments pertaining to the property hereby conveyed. If the Grantor
shall refuse or fail to provide such certification, the Grantor
shall , within thirty (30) days after written request by the
Grantee provide the Grantee with a written statement, indicating
in what respects the Grantee has failed to duly complete said
Improvements and what measures or acts will be necessary, in the
opinion of the Grantor, for the Grantee to take or perform in
order to obtain such certification.
I
-E-
^heGrantor certi`-ies _r.at all conditions nrecedent to j
the -✓alid execution and delivery of this Quitclaim Deed on its
part have been complied with and that all things necessar': to
constitute thiS Quitclai— Dee: , -tS val_d, binding and lega:
acreement cn the terms and cenditic;:s and for the curposes set
fcrth herci. have beer. done and performed and have happened , and
theeecution and delivery of this Quitclaim Deed on its
cart nage been and are in all respects authorized accordance
4:it:. lal-E . The Grantee similar!`. certifies with reference to its
execution and deliver*,- of this Q:atC_' aim Deed.
1,,!17:ESS the execution hereof this 3rd day of December,
1984 .
(SE j S-LLE7,. REDEVELOPMENT AUT'HO:IT
kN M. BOUDREAU, Chairman
j0. -M, INGEMI
P
l
TEP EN C. INGEMI
COMIMONB EAi T,H OF MASSACHUSETTS
Esser., ss . December 3, 1984
Then personally appeared the above-named Joan M.
Bouarea' , Chairman , as aforesaid , and acknowledge the forecoing
-nstruraen.t to be the free act and deed o " Sa em Redevelopment
^-.ut`erity , before me,
(,tIRE . VALLIS.,
Y PUBLIC
CSSION EXPIRW
JAN. 19. 1990
Cd '
41
l
. A
A
"SCHEDULE A"
A certain parcel of land, being shown as Parcel RC-11E on plan of
land entitled, "Property Plan, Project No. Mass . R-95 , Heritage
Plaza-East, Salem Redevelopment Authority , Salem, Mass . , Scale:
1" = 20 ' , June 29 , 1979 , Essex Survey Service , Inc. " recorded
with Essex South District Registry of Deeds , in Plan Book 155 ,
Plan. 42 , bounded and described as follows:
NORTHERLY by land now or formerly of Joseph R. and
Stephen C . Ingemi , forty-eight and 61/100
(48 . 61) feet;
EASTERLY by Parcel RC-11G, as shown on said plan ,
ten (10) feet;
SOUTHERLY by Parcel RC-11G , as shown on said plan,
forty-eight and 61/100 (48 . 61) feet;
WESTERLY by Parcel RC-11G, as shown on said plan,
ten (10) feet.
Said premises containing 486 square feet, more or less , according
to said plan.
Said premises are conveyed together with the benefit of certain
rights and reservations retained by the Salem Redevelopment
Authority in its deed to Pasquanna Developers , Inc. , dated
September 18 , 1979, recorded with said Registry of Deeds , Book
6640 , Page 633.
For title of Grantor, see following:
1. Deed of Albert R. Pitcoff, Executor, dated June 25, 1969 ,
recorded with said Registry of Deeds , Book 5617 , Pare 588 .
2. Order of Taking , recorded December 17, 1975 , with Essex
South District Registry of Deeds , Book 6205 , Page 413 .
U5
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BENJAMIN
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� � ROBERT y� 47 {2deia/ Jtreet Sa/ern
COUIc'T /N5T/ZUCT/ONS OF /97/ 3LrwEEN 4/l9/ 7B C, B.
BOWMAN y
No. 18887
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