Pedestrian Easement with Knights of Columbus 18 Commercial Street (1) EASEMENT AGREEMENT
THIS AGREEMENT is made this day of January, 2019 by and
between The Columbus Society of Salem, Inc., a Massachusetts corporation
having a mailing address of 18 Commercial Street, Salem, Massachusetts 01970
(hereinafter "Columbus Society"), and Ice Cream Way Condominium Trust, a
trust recorded with Essex South District Registry of Deeds in Book 37166, Page
542, having a mailing address of 23R South Mason Street, Salem,
Massachusetts 01970, (hereinafter "Condominium Trust").
WHEREAS, Columbus Society is the owner of a certain parcel of land,
known and numbered as 18 Commercial Street and the Condominium Trust is
the owner of the condominium common area at 9-12 South Main Street in Salem,
Massachusetts:
WHEREAS, the parties wish to provide for a certain pedestrian easement
across land of the Columbus Society;
NOW THEREFORE, in consideration of Ten Dollars ($10.00), the receipt
of which is hereby acknowledged, and other good and valuable consideration
including the mutual covenants contained herein, the parties hereto agree as
follows:
1. Grant of Pedestrian Easement
The Columbus Society grants to the Condominium Trust a
perpetual right and easement to pass and repass by foot over the area marked
as "Pedestrian Easement" on the sketch plan attached hereto as Exhibit A,
running from land of the Condominium Trust to Commercial Street across the
land of the Columbus Society on the westerly side of the building at 18
Commercial Street, subject however to Columbus Society vehicular parking
shown on the sketch plan..
2. Maintenance
Reasonable and necessary maintenance of the Pedestrian
Easement area shall be the sole obligation of the Condominium Trust.
3. Indemnification
The Condominium Trust agrees to indemnify and hold harmless the
Columbus Society from and against any loss, damage, or liability arising out
pedestrian use of the easement created hereby, except for any loss, damage or
liability due to the negligence of the Columbus Society or its agents, employees,
or contractors.
4. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of
the Columbus Society and the Condominium Trust and their respective
successors and assigns.
IN WITNESS WHEREOF, this Agreement is executed under seal the date
first above written.
The Columbus Society of Salem, Inc.
By. 9-'*'IP-L—�
Scott Eng ehardt, President
Ice Cream Way Condominium Trust,
Juniper Point Ice Cream Way, LLC,
Trustee
By;
Mark Trano , Man er
2
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this ,ar day of January, 2019, before me, the undersigned notary
public, personally appeared Scott Englehardt, proved to me through satisfactory
evidence of identification, which was o photographic identification with signature
issued by a federal or state government agency, ❑ oath or affirmation of a credible
witness, ypersonal knowledge of the undersigned, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose as his fN an d as President of
the Columbus Society of Salem, Inc.
ublic
y commission ex _
GE W. ATKfNS, III
Notary Public
ONVtEALTH OF MASSACHUSETTS
My Commission Expires
' FObruary 19,2019
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this day of January, 2019, before me, the undersigned notary
public, personally appeared Mark Tranos, proved to me through satisfactory
evidence of identification, which was ❑ photographic identification with signature
issued by a federal or state government agency, ❑ oath or affirmation of a credible
witness, ❑ personal knowledge of the undersigned, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he
signed it v6untarily for its stated purpose as his free act and deed as Manager of
Juniper Point Ice Cream Way, LLC, Trustee of ice Cream Way Condominium
Trust,
Notary Public
My commission expires: 2'1 1.1; 2 5
3
0IRIBIT A
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