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AGREEMENT ., .
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THIS AGREEMENT is by and between DEAN T . BOUCHER ("BOUCHER") and
the SALEM HOUSING AUTHORITY ("SHA") and the CITY OF SALEM.
WHEREAS, BOUCHER is the owner of a certain parcel of property
known and numbered as 75 Boston Street, Salem, Massachusetts and
depicted in Plan Book 293, Plan 8, on file with the Essex South
District Registry of Deeds; and
WHEREAS, the SHA is the owner and holder of an access easement
("easement") over the said 75 Boston Street property, as shown
on said Plan Book 293, Plan 8; and
WHEREAS, BOUCHER has caused to be constructed a foundation and
structure for a parking garage ("building") , which foundation
and structure unlawfully encroaches upon the SHA' s easement, as
shown on an "Exhibit Plan of Land in Salem, MA prepared for
Salem Housing Authority Scale 1' = 20' March 25, 2002 HSA
Hancock Survey Associates, Inc. , 235 Newbury Street, Danvers,
Massachusetts 01923"; and
WHEREAS, the parties wish to resolve this matter in an amicable
and mutually advantageous fashion;
NOW, THEREFORE, in consideration of the mutual undertakings set
out hereinbelow, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by
both parties, the parties hereto hereby agree as follows :
ONE: The parties agree to relocate the SHA' s easement as shown
on the plan annexed hereto as Exhibit A.
TWO: BOUCHER shall pay for any and all survey, drafting,
construction and legal and related work that may be reasonably
necessary in connection with the relocation of the easement, all
such work to be performed by the aforementioned Hancock Survey
i
Associates, Inc. ; William J. Lundregan, Esq. ; and a contractor
1
selected by SHA ( ) , which amounts to date
are as follows :
SHA surveying costs: 0
Proposed construction costs: $3,700.00
SHA legal fees : $1 ,500.00
Said amounts have been paid this date by BOUCHER.
THREE: In furtherance of this, BOUCHER will contract to have
the above work completed by his Contractor which will be to the
satisfaction of Thomas Mackey & Sons, Inc. who is the SHA' s
Contractor. If the above work is not completed prior to
November 30, 2003, to the satisfaction of Thomas Mackey & Sons,
Inc. , then the SHA may use the Thirty-Seven Hundred and 00/100
Dollars ($3, 700 . 00 being held in escrow by William J. Lundregan,
Esq. to complete said work. (See Paragraph 4 . ) Any amounts not
so expended will be returned to BOUCHER.
FOUR: William J. Lundregan, Esq. will hold the Thirty-Seven
Hundred and 00/100 Dollars ($3, 700 . 00) for the proposed
contruction cost paid by BOUCHER this date in his IOLTA as per
completion of Paragraph 3 above.
FIVE: BOUCHER insures that the relocated easement is at least as
topographically appropriate and useable as the present easement,
and shall pay for any and all work that maybe reasonably
necessary to accomplish this end, including, but not limited to,
proper grading, smoothing and paving, any painting of lines,
etc.
SIX: Construction of the building will be completed on or prior
to November 30, 2003, failing which this agreement shall become
2
null and void and the SHA may, in its sole discretion, require
BOUCHER to remove the building and otherwise restore the SHA' s
easement to its original, pre-encroachment condition. In this
context, construction of the building is "completed" only when
all construction work has concluded, any and all necessary
approvals, certificates and permits have been acquired, and the
property has been properly landscaped.
SEVEN: BOUCHER agrees and represents that the building shall be
used exclusively for parking for his abutting tenants .
EIGHT: BOUCHER agrees not to apply for an occupancy permit
until such time as he has received a release from the SALEM
HOUSING AUTHORITY stating that the new easement is usable and
passable and to the satisfaction of the SALEM HOUSING AUTHORITY.
NINE: Upon completion of the road and the issuance of an
occupancy permit by the City of Salem, Building Inspector, the
SALEM HOUSING AUTHORITY will dismiss with prejudice the action
now pending in the Essex Superior Court to wit : Salem Housing
Authority vs . Dean T. Boucher and Kimberly E. Boucher, Essex
Superior Court, Civil Action Number: ESCV 2003-02049
TEN: Time is of the essence of this Agreement.
ELEVEN: For any breach of this Agreement, in addition to any
remedy specifically provided hereinabove, the nonbreaching party
may have recourse to all remedies at law, in equity, and
otherwise, including, without limitation, the right to
specifically enforce this agreement against the breaching or
nonperforming party and/or the right to bring an action at law
against the breaching or nonperforming party for damages,
including, without limitation, incidental and consequential
damages .
Executed this day of !'Lau 2003 :
4DAN . BOUCHER
3
SALEM HOUSING AUTHORITY,
By Its Executive Director:
ROL A. MACGOWN
CITY OF SALEM
BY ITS CITY SOLICITOR,
JOH D. KEENAN
4
LUNDREGAN
LAW OFFICES, P.C.
WILLIAM J.LUNDREGAN THE KINSMAN BUILDING TELEPHONE(978)741-3888
JANET. LUNDREGAN 81 WASHINGTON STREET FACSIMILE(978)745-3607
SALEM,MASSACHUSETTS 01970 Email:wjl@lundreganlaw.com
December 15, 2003
Mr. Thomas St. Pierre
Building Inspector
Salem City Hall
93 Washington Street
Salem, MA 01970
RE: Agreement between Dean T. Boucher and Salem Housing Authority
75 Boston Street, Salem, MA
Deed of Easement
Dear Mr. St. Pierre:
Please find encloseda copy of the Agreement between Dean T. Boucher and the Salem
Hous.ng.Au'thority and the City of Salem. I bring your attention to Paragraph 7 of the
agreement which states that.Mr. Boucher will exclusively, use thebuildingfor parking for
his abutting tenants.
I also enclose a copy of the Deed of Easement which has been recorded at the Essex
South District Registry of Deeds on Friday, December 12, 2003 in Book 22184, Page
377.
If you should have an questions with reference to this matter, please do not hesitate to
call me.
Very tru your
#Wj M J. LUND GAN
WJL/amc
Enclosure
Cc Carol A MacGown; Executive Director, Salem Housing Authority .
3i John D. Keenan, City Solicitor
Steven P. Lovely, Esq.
DEED OF EASEMENT
DEAN T. BOUCHER of Salem, Essex County, Commonwealth of Massachusetts,
for nominal consideration paid, grants to
The Salem Housing Authority, a public body,politic and corporate having a usual place
of business at 27 Charter Street, Salem, Essex County,Massachusetts
An easement over the portion of those premises presently owned by the Grantor
for the purpose of parking and passing and repassing by foot and with vehicles over said
parcel for ingress and egress to and from that certain lot of land owned by the Grantor
and which is shown as"Access Easement" on plan entitled" Easement Plan of Land in
Salem, MA, Prepared for Salem Housing Authority, Scale 1"=20', March 21, 2003,
Hancock Survey Associates, hic. 235 Newbury Street,Danvers, Massachusetts 01923."
Said Plan to be recorded herewith.
This grant of an easement supersedes and replaces a prior grant of an easement made to
the Grantee by the Grantor by deed dated September 8, 1994 and recorded with the Essex
South District Registry of Deeds in Book 12739, Page 31; and acceptance of this Deed
of Easement by the Grantee hereof shall work an immediate and permanent abandonment
of the prior easement referenced in this paragraph.
For title see deed recorded in Book 13187, Page 99. See also Plan Book 293,Plan 8 and
Plan in Deed Book 3551, Page 532.
IN WITNESS WHEREOF, the said Dean T. Boucher has caused these presents to be
signed this `f-} day of I-Xpv. 2003.
Dean T. Boucher
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. /30V" . .5—;Z- 2003
Then personally appeared the above-named Dean T. Boucher3apkaeknowledged the
foregoing instrument to be his free act and5l7t,, be
No Pu lic
y commission expires:
ASSENTED TO this 10th day of December, 2003 .
HERITAAPERATIVE BANK
By: (.1�Y
Ama)
Professional Land Surveyors 8 Civil Engineers
ESSEX SURVEY SERVICE 1958 - 1986
OSBORN PALMER 1911 - 1970
BRADFORD 8 WEED 1885 - 1972
PLOT PLAN OF LAND
LOCATED IN
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I hereby certify to the
Building Inspector that the pro—
ZONE: /�2 LOT AREA: /SGr/L`Sf LOT FRONTAGE: ,JJ posed construction shown conforms
to the dimensional zoning
FRONT YARD: SIDE YARD: REAR YARD: ?O/ 6 1��l Mass. —
SCALE: / ='9'
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DATE:
REFERENCE: BK PG Christopher R. Mello PLS 31317
104 LOWELL STREET
PEABODY, MASS.01960
(978) 531-8121
FAY, (978) 531-5920