0 BAKERS ISLAND - PATHS - BUILDING INSPECTION ���� r �/�d ��2�1�s�,
385 Magnolia Avenue
Gloucester, Ma. 01930
June 8, 2007
Mr. Thomas J. St. Pierre
Building Commissioner
Public Properties Department
Building Office
Salem,M 970
RE: aths on Baker's Island, Salem, M
Dear Tom:
Thank you for meeting with me yesterday to discuss my building permit for Susan
Donahue and David Arthur's deck on Baker's Island. In the course of our conversation
yesterday you questioned the ownership of the paths on the island. As a member of the
historical committee on the island and as one who has completed extensive research on
the island in the past couple of years, I offer the following comments and information:
1. Baker's Island was purchased from the Town of Salem in 1731 by John
Turner. Until the government occupied the light station, which consisted of
not more than ten acres, in 1797 and through 1908 the rest of the island was
never but privately owned by one or two individuals in a continuous chain of
title;
2. The Baker's Island Association owns the paths that were laid out in the
surveys completed in the 1910s subdivision of the island. Mable Morse, who
owned the paths, granted them to the Baker's Island Resident's Trust in 1925.
In the reorganization in the late 1970s, the Resident's Trust transferred the
ownership of the paths and those unsold lots, in large part, to the BIA.
(Several lots, including the well lot, went to the Homeowner's Corporation.)
There is nothing that controverts this.'
When the Baker's Island Lighthouse Preservation Society was formed, there
was a great deal of legal work completed. The law firm of Anderson and
Kreiger was hired, specifically because they specialize in environmental and
real property transactions. Their conclusion, after detailed research, was that
the BIA owned the paths laid out in the 1910s and presently shown on the
Salem Assessor's Maps. I completed further research and came to the same
i
1
conclusions. In 2004 David Stinson of the General Services Administration
completed similar research and came to the same conclusion.
3. In addition to the paths owned by the BIA, there are paths that are located over
private property and therefore are owned either by an individual or owned by
two private individuals to the centerline of the path. For example, the path
between my house and the Anderson cottage was laid out on the 1910's
subdivision plan and owned by the BIA, with all abutters maintaining the
access. The path located between the Devine cottage and the Buck cottage is
partially owned by both property owners. The path from the pond to the light
station is wholly owned by a private family trust. As you can see from these
examples, there are no absolutes, only that the paths laid out on the
subdivision plans are owned by the BIA.
Given that the BIA is a private, non-profit organization,who owns these
paths, I would appreciate any assistance you may be able to give in dispelling
the perceptions that these paths are publicly owned. There has been a lot of
misinformation about the ownership of paths. My research and the research
of Anderson and Kreiger make it perfectly clear that the paths are privately
owned and have been continually in the history of the island. Likewise, the
Baker's Island pier has been privately owned, since it was built under a
Chapter 91 license, in 1891. (It is presently owned by the B.I. Wharf
Company and has been continually since 1939.)
As you may be aware, the Baker's Island Lighthouse Preservation Society
(BILPS), challenged the National Park Services' (NPS) award of the Baker's
Island Light station to the Essex National Heritage Commission (ENHC).
(Since the NPS was a co-applicant in the application process, they basically
awarded the light station to themselves.) One of the major issues in the
Federal District Court case was that the Federal government never acquired
the land, resulting in no ability to convey a deed for the property. That being
said, the Federal government will be conveying a quitclaim deed of the light
station with access to the light station via"shoreline access only". The
General Services Administration (GSA) acknowledges that the government's
only legal access is over the beach. That is what they will be conveying when
they transfer the light station to the ENHC and that is what the ENHC
willingly accepted when they applied for the light station.
Islanders expect that over the summer months there will be efforts by ENHC
and other unauthorized visitors to come over the pier. In the federal court
hearing on the case, the Federal attorney stated that her clients would rather
use the pier and,by inference, the paths. Undoubtedly there will be
challenges on this issue, particularly with no security anticipated by ENHC at
the light station, however I do hope that this letter sets the record straight that
the paths are privately owned either by the BIA or private individuals.
2
I thank you for any assistance you may be able to provide in clarifying this
issue with the City. I will forward you copies of all deed information for your
records. In the meantime, if you have any questions or comments, please
contact me on my cell phone at 978-879-9499 or via email.
Sincerel ,
Robert T. Leavens
'During the original subdivision,rights of way were laid out. Many of these remain on the current
assessor's map. It is obvious, from the layout that the person who did it had never been to the island as
many of the rights of way are over impassable terrain. So over the years paths developed that suit the
needs of Islanders.
Title research conducted at the Essex South District Registry of Deeds in Salem,Ma. indicate that on
November 14, 1925,Mable Morse sold all her"interest and rights in all beaches, shore and flats adjoining
said island and in all rights of way or paths and all other land now owned by me on this island"to the
Baker's Island Residents Trust. (See Book 2663,Page 409,Plan Book 98,Plan 75 and Plan Book 25,Plan
13).
When the Baker's Island Residents Trust was dissolved in the reorganization of 1977, the paths and rights
of way went to the Baker's Island Association. On November 28, 1977,the Baker's Island Residents Trust
"for One($1.00)dollar and other good and valuable considerations"granted the Baker's Island Association
"all of the land owned by said Bakers Island Residents Trust at Baker's Island in Salem,Massachusetts,
including its interest and rights in all beaches, shore and flats adjoining said island and all rights of way or
paths on said island" (See Book 6426,Page 241). Also included in the restrictions of this deed was the
restriction:
"1. Said land and lots are subject to location and use of present and/or future roads or rights of way by
Baker's Island Residents and their guests."
This clearly indicates in a chain of private title that the paths are owned and for the use of islanders and
their guests. There is nothing public about the paths. It is also interesting to note that in the deed at
reorganization it was anticipated that paths might move around.
Another issue is that in the case of some of the original rights of way the land has physically washed away
over time,essentially forcing the path onto privately owned lots. Some of the paths cross land that is
privately owned,but by say the Wharf Company or the Homeowners Corp., which are owned by all
islanders.
3
a ,
S ^�ni
JI
�k f f
2663
--- ;V , �. 409
personally
Pbt, �#y' Y appear- ) Geo. E. Newcomb ) Trustees
s of any person JS c "d' eduthe above named Perc (seal)
Of the vote certifib ' ` y ) Edwin B. Stiles ) as
G" Crocker and acknow- (seal)
9"s ) Frederic E. Abbe
!o recorded shall a1sC .. '' ) Aforesaid (seal)
ledged<the foregoing in- ) Horace M, Iobdell
The original- cap (seal)!
b„� . by him.subscribed to be his free act and, deed. Before me, .
.vided for the purpos2Y
the
Atesander W. Lacgowen No
par value,.oPFt $ b Public (Notarial Seal)
� ;; ? My Commission Expires Feb. 27, 1931
hereinafter seri !'.4V
� } Eas`es sa. Received Nov. 27; 1925 15"m, past 12 P. M. Recorded and Esamineb
r the amount•of fi - ;.
�4f -- ----------------------
TRUST. Authorized; hgN BAILy
THESE FAE
20• Issued $500 fie. + ' . "" W; THAT I, Mabel M. Morse, widow, of Salem,
Iiasex'Catmty, Massachusetts for consideration paid Morse
of is the owneri� 4 grant to Percy G. Croak- to
,�..
} ' er;SEdwia B. Stites, Horace M. Iobdell, Frederic E. Abbe and George
F.oder an agreement � s;: Bakers Island
trustees of the Bakers'Is
x Deeds lib: -; Page ` $ r:'OMD, as they are tLand Residents Trust, is ac Residents
pfTrust
�?°ordance with a written instrument to be recorded in the Essex South Dis-i
•;£;care is transfeig rt1 ::
trict' Re iatry of Deeds with WAEUiANTy COVENANTS all the land owned by the
Bement and declaration 1 g -
}'3 9said.Esbe1 M. Morse at BAKERS ISIAND so called is I ✓�• 7�f }G
stees and a.surreade r � � SALEM HARBOR, excepting) D f
,a ' three'.:small Parcels hereinafter described; Intenikding his - day of A D . -„ SYN ding to include and convey
wa�pareel of land on the said Bakers Island begin at the T i
Trustees �1! �� no cor-
:ertificates ahallbe ,. � rAtfiereof by. a stone wall mad lot numbered 39 on plan hereinafter refer!
Vic
the surrender theireo ' red-t°� the runnt g southeasterly by said lot 39 a
way, and lots 40
ip 4l;.to.lot numbered 42 on saidplan, .thenoe turning and
;ertificate or.rete; ti , dab`' running south-
�e teily:by lots 42, 4.3. 44 and_45 on said plan
.ded shall make,<the P to lot numbered 47 on said
9 lea
-thence turning and ttm� northwesterly'e naude in vchich�the'A " ° y by said lot 47 and lots 48 'h
ea y t' and 49 ,on said plan to a stone wallthence turning mad
1 be conclusiveF erJ i�Z
running northeasth
a#"' m ¢4a b9 said atone wall to the point oP be
and the shareholflera ginning. Also another parcel ofl
ransferring suchtoe
;. the said Bakers Island bounded beginning at tbs.westerly corner
to inquire in any t�reOn on Sunset Avenue by lot numbered 102 on said plan, thence running'
rthenumbered 106
pledgor or pl asterly to lot$ge�g. a�,:, on said Plan, thence running
� g southeast- I
gall divide sucliz�gp Q” kY�b9,said lot 106 and lots numbered '107 and 108, a way, )qts 97 and 961,
iey deem for thebelot`95 on said plan, thence turning and {
running southwesterly to the
sterly corner of lot numbered 95, thence turning andsoutheast-
fifty
i 9
yrs. 11. At thery�te� �, a � nm�ino southeast-
j III
r� 8rlg#fifty seven and
by vote or actioa� fifty three one hundredths (57.5,x,) feet to a.stone;xatlfence rt
turning and 3
roperty and divifle.j running southwesterly by said stone wall to land{
rtion to their re' �0rmerly of Heng W. Morse, thence turnip
wY mbout`ane hunflred fifty g and running northwesterly
easonably necessary y (150) feet, thence turning and.r'n^i^^
LY b7`sald lead Of Henryipet G southwestIf
-
xi r my W. Morse, two hundred I iI
ce shareholders:*c » y (290) feet, then i
tand running southeasterly to numbered 80
Stiles, 9f, a�'Tus on said plan, thence
i
apt
ian& runniag. southwestarlp by, said lot numbered 80 and lot nrmmfereci i
es herein namefly�hau, a
. trm3said'Plan to Eastern Avenue, thence turning and =1
ax first aboverunning northwester] g
y�e1said'Zastern Avenue to lot numbered:100 on said plan, thence twining V
+•jhY?..
r' 41077
- --- - �6fi� 411
-�- 4 r-a.
t
' and running northeasterly by said lot num a F9 a line vdiich is twenty (20) feet southwesterly of the wharf, -northwest,
urnii� and running northwesterly. by said lot numbered 100 slat n� "- Ierly fifty (50) feet more or less-by the end of said wharf and, northeast-I
f thence turning and Y (6p) Pee` > ;
, erly by a line which is twenty running no
again by lot numbered 103 on . k .i. Y (20) feet northeasterly of the side of sail
Plan sixty (60) feet, thence t„�+ +.g sax, ' j�vtiarf. Leant 9 and intending hereby to convey said wharf and the land there-
r m� northwesterly one h rh • '
i sixty (160) feet to the point of beg under, together with a strip of land Plats este
beginning, Also intenAing to convey extending to a width of twenty;
Y all,
land shown on said plan as unstaked } I (26) Peet on either side of said wharf, making the total width -of said
,� lots numbered 18, 19, 20 '
{ i i39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52 21" 37, 38;i r' -strip hereby conveyed approximately fifty 53, 54 55 57 € Y Y (50) feet. See plan recorded in
63, 64 65, 66 6 56 r z a'i
58, 62, 7, 80, 81,. 82, 83, 84, 85, 86, 87, 88 r� :said Registry in Book 2290 Page 600. For title see Essex County Probate
ft 89 90 `
92, 93, 94, 95, .106, 107, 103 on said plan. Also ince 9i 'i ,-#123270. WITNESS nlY hand and seal this 14th dao of November 1925
-intending to in
a I ' my interest and rights in all beaches, shore and flats ude iCOLhtON'AEALTH OF MASSACMWTiS ) Mabel M. Morse
coining saifl Ia s? gJi (seal) ,
land and in all I
the al other land y `°�. „Essex as. November 14, 1925 Then personally appeared the above named Mabel
now ownefl '
Zzceptilig from the above conveyance, �t� i 'M Korse and acknowledged the foregoing I !
Vance however, stl g Ing instnmment to be her Free act andi
and flats and beach as is be such land Kv- �. deed',:befoxe me Elmer W. Iiebsch Justice of the Peace
by me this da to the
�g deeded y Bakers Ssland 'tri,1
f Residents Wharf Trust and also such land as is called for vIDbere , r ! MY commission expires Feb, 23, 1929 j
by lot n
'! jfI I31 on said Plan.and also.a triangular piece Of land on which aaEssex ss: Received Nov. 27, 1925 15 m, past 12 P.M. Recorded and Examined
tends the s #;
( cottage Of the grantor, said lot be " -----------------------;-- -----
Ing bcundefl as follows: Bounded south- ) ,
+'tI erlq by right of way, westerly by Winne +�11`NO ALL MEN BY THESE PRESENTS. THAT WE, Percy G. Crocker, Edwin B. Stiles Baker Island
!fit gen Avenue, northerly by bo Residents Trust
�! of lots numbered 97 and 96 on said len 'Horace M: Lobdell, Frederic E. Abbe and Geo Y.
B and Easter]y by George F. Newcomb ail the are Trs. of
numbered 95. Also excepting the wharf °f lot trustees of the Bakery Island Residents Trust, in accordance with a written to
which is this day being conveyedst5..��
the Trustees of the Bakers Island Residents Wharf r � rinstrument to be recorded in the Essex South District Registry of Deeds, I Morse
Trust, Bee Plan ofTgt$ I'
Rat Bakers Island, Salem Harbor, June 1914, Charles A. Metcalf, Surveyor
Ir
for paid
t , grant ta:lfabel M. Morse of Salem, Essex County,
r' recorded in said Be is uu�� -Massachusetts with MORTGAGE COVffi6AA1T3, to secure theii.4,r31assP.vW
g try in Book 2290 Page 600. For .title see EsCo�' x PaYm9nt of Three.Thoti-
fit-
sex n I Probate #123270. WITNESS tt
'sly . i 3nY hand and seal this 14th 88nd Five Hundred Dollars in Sive Years with six per cent. interest, per I lj..a6� P�� �I'
day of November 192 a
lie : I COM6igiN7PEAT,77i OF MASSACHUSETTS ) Mabel M. Morse ' w e imi Payable semi-annually, together with $200 of the principal payable] I1'
y� !r" � 'Essex ss. November 14, 1925 Then (�� annually as provifled in a nts of even date, the. land in esid SAIEE¢. at
0.1 ,1 i "' Personally appeared the above named
� YGr �« zj �I
L , ? M. Morse and acknowledged the .Foregoing instrumefi
nt to be her free acettQ' �� ISIAND so called in Salem Harbor, excepting three small parcels here-
deed, before me Elmer W. I,iebsch A 7naftex Described: Intending to include and convey a parcel of lanfl an t¢g
Justice of the Peace . .
MY commission expires Feb. 23, 1929 Baid'Baksrs Island be
; �Q ging nine at the northerly corner thereof by a stone
r' Essex ss. Received Nov. 27, 1925 15 m. past 12
C wall+ lot Examine ' ` `
t numbered 39 on plan hereinafter referred to, .thence running
P.M. Recorded and
----- goubheaste ly
r ---- by said lot . way. lots 4 41 of numbered
T 39 a and 0 and to 1
axe�R i
j Morse RNG! AIL MEN By THESE �OII said plan, thence t
PRESENTS THAT I Mabel 1 , j
Morse, widow, of Salem, � g uT23i.IIg and running southwesterly by lots 42, 43, � �
r' r
to ;Esse% County, Massachusetts for consideration � { d_45 on said plan to lot numbered 47 on said plan, thence turning
paid, grant to Percy G`
f ) makers Island 1 am
Crocker, Edwin B, Stiles, Horace M. Lobdell� Frederic E. Abbe and Geoix running northwesterly by said lot 47 and lots 48 and 49 on said plan
} Residents Wharf a'st
zq Trust Trs. of F. Newcomb, as they are trustees of the Bakers Island Residents-Wharf ,;a , k - oIIe wall, the turning and ru ing northeasterly by said stone
rv� I L'
e pot of
Trust in accordance ruall to thinbe
rdance with a written instrument to be recorded in the Es Q ginning. Also another parcel of land on the said
s I„
South district Registry Of Deeds with WARRANTY COVET c{�=.",Ts'Island bounded beginner at the westerly corner thereof on Sunset
f UFTS the land 11 .
' SA Mr with the buildings thereon being a certain sue by lot numbered 102 on said
r parcel oP land sitvate4 � `���?< plan, thence running northeasterly to
at Bakers Island in SAIML HARBOR andbeing the wharf
40t"131umbered 106 on said plan, .thence runni 9 southeasterly by said lot
at.said BAMRRS
{ with the parcel of land flats lots numbered 107 and 108, a way, lots 97 and 96, to lot 95 on
' bounded and .described as follows: Bounaedl. =�)il I � „>
3d.5,:i e- ..
T,
Robert '8.. Abbe, Clifford W. England, • Howy,iZPeter�F. r�Q°�nb
cF,Ariane and Ruth ard A. Gra
S. Rogers, surviving trustees of the Baker island
idents Trust, under indenture of Trust, recorded in Essex South District
irstry of Deeds, Book 2663, .Page 398, and having its usual, pl,aCe. qf i
isine8s at Baker's Island, 'Salem, Essex County, MaSsachusettS, �f
R-0€the-W4bb e -AF1A4II�?ZtA341 '
OoE-tke&SF�4�}ie€- �FJSfiv -ii+r'ritB ,
,
prnver conferred by said Trust and by vote of the shareholders of said. Trust
dated August 20, 1977, ih•accordance with the Agreement and Plan of
or anization dated August 31, 1977, between t e a • Wf
Raker Island Residents Trust '& the Bakers island and eve o power,
Maker
($1. 00) Dollar and other' arf Co. every
good and valuable consideration
;grant! to the Baker's Island Association, of Baker' s Island, I8a em, Essex F
oint ;. Massachusetts, all of
r1 owned by said Baker, Island Residents Trust at Baker's Islands °y
em, Massachusetts; in its int-
nd flats ad ' nin said. Island and , rights otsway orlpeths onf 11
rf`Islan described as fol IC chps
e
8tharcel of land beginning at the Northerly corner thereof by. a stone wall
e Southwesterly corner of Lot 39 as shown on Plan A, hereinafter
erred to, thence .running
IITHEASTERLY by said Lot 39, a way, and Lots_ 40 and 41 to Lot 42
turning and running th$nce
�JTHWESall
TERLY by Lots 42 , 43, 44, and 45 to Lot 47, thence turning f ,
and running '
RTHOl
-WESTERLY by Lots 47, 48, and 49 to a stone wall, thence turning
and running � h-
kRTHEAaTERLY by said stone wall and Lots 50, 5, 4, and 3 ,
point of beginning. . to the
Ij ' �.
sora parcel of land beginning at the Northwesterly corner of Lot 102
i�5yinset Avenue on a plan hereinafter referred to, thence running
�..
RTHEASTERLY along the Easterly side of Sunset Avenue to a point
one hundred seventy (170) feet from the point of beginning
thence turning and running
dUHEASTERLY to a point one hundred eighty g ht
y (180) feet from the I a"
Northwesterly corner of land formerly owned by Henry W.
=' Morse, thence turning and running U
UTHWESTERLY by said land of Henry W. Morse, one hundred ten (110) feet �1
i 4�•''
thence turning and running14,1
l
f .�,. ..
UTHEASTERLY to the Northwesterly corner of Lot 80, thence turning and . �r
running
u,s:
UTHWESTERLY b'y Lot 80, and Lot 1 to Eastern Avenue, thence turning
and running
THWESTERLY thirty (30) feet
more or less to "the Southeasterly cornerI"�
of Lot 101 on Eastern Avenue as shown on Plan B herein-
after referred to, thence turning and running
, thence turning g an
,, d
SEASTERLY by Lots 101 and 105 on said Plan B the
�
running
0RTHWESTERLY by Lots 105,104,103 and 102 on said Plan B to the gtik�
beginning. point of ,
t �
`s parcel is subject to future survey,
x r .
BO<LOtS 37, 39, 40, 41, 50, 65, 66, 83, 95, 106 and 107 as shown on Plan ,
�%6reinafter referred to.
Exch fir, *y
1 + ) ,
an� references above are as follows:
Y
an+ A: " "Plan of Lots at Baker's Island,. Salem Harbor, June, 1914 , Charles
etcalf, Surveyor" recorded in Essex Registry of Deeds, South District,
t�Book 2290, Page 600,
ltan"B: "Plan of Lots at Baker' s Island, Salem, Mass. October, 1961,
T. Brudzynski, Surveyor" recorded in Essex Registry of Deeds,. South �Y
�atict, at Plan Book 98, Plan 75.
a�f : 4
e,'consideration for this deed is less than $100 and, therefore, no
avenue stamps are required.
�lc jr
f 1,1
,
1
1 4
+ " Intending to convey all the land, lots, rights and in remain`'
of said land, lots, rights and interests conveyed to the Trustees,;o�
said Baker Island Residents Trust by deed of Mabel M. Morse, dated',
November 15, 1945, and recorded in said Essex Registry of Deeds, S'
District, at Book 2663, Page 409. . 7{
F 'p 1 Said property herein conveyed is subject to the following restrict
�3
1. Said land and lots are subject to location and use of presentY'
future roads or rights of way by Baker' s Island Residents and thei
a5 q•y , I1 }
01,
2. No. building or structure shall ever be built or located on said
and lots other than the present Sherman C. Burnham Hall and its ou`
buildingor their ;replacement. rly.
' 3. .'Said land and lots shall never be sold but. are to held for coli„
purposes as per the 'Agreement and Plan of Reorganization referredR
SIFoi I j. .
..
'J
�+7 '
I
WITNESS our hands and seals this day of November, 1977
, J{ V I I _ JL'uG-CF'(_Y- �}Irtr.Ly�✓ ,�Ft
n � r.
Robert `&, Abbe
C.Lltrpfa W. Eng
�•Y,;;;11 I i ,r�d
�•��n � � I I �i li
pp
� /
Ettmon... .x....hand s and seals this.. r .r.k.. .....day of..........November 19 E`
V •
a .d... ....�.ra {I
1l' i IY3 .....................
ak:. 4P{ Peter MacFarlane
tfr? 'i sr ...................................................................................... Lj.. !l a(f rt.¢J 1t4
r .... .... •�•
1
,��r� i'+ ;, � � � �i�r �iummnntttrttii� of �xs�xrf�usrtta �'�
.. Essex, ss. November
L ^ II I
Then personally appeared the above named Aeber` Abbe,_ , Clifford `
. "--y, Peter F. MacFarlane W. Eng
, l
and acknowledged the foregoing instrument to be their free act and deed, before me
ouu,,,u '{:
.......
.............................. IA
,i
= y' s
4 p(Y f.., (� Notary Public—)nst+se•oFfh21
X: I
ptT- Pa .. My commission expires.................... 19 7
0 'ALANL GRENIER,..• �,h
,q m
p < I ,' ":,, •Syr - d,�\. 1 Ndory Public
"'+ •... � �.EOan1Y10n Expires February
r
�A �� 't i
41
IT4 Itti
EXHIBIT At:
y [J4�yf
�{ hs
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F
Yh
AGREEMENT AND PLAN OF REORGANIZATION
inrt
Agreement and Plan of Reorganization ,("Agreement")
t t � f. ` dated as of August 31, 1977, between the Baker ' s Island Associa
ur4, G ("Association" ) , the Baker Island Residents Trust ("Residents.
hk/ ` Trust")', and the Bakers Island Wharf Company ("Wharf Company")
s • WHEREAS, the Association wishes to transfer its busing
{A operations .and assets to the Wharf Company and its municipal and
utility operations and assets
to a new corporation to be formeda
rr as provided ,herein, to be called the Baker 's Island Homeowners
Corpo-ration, Inc. , ("Homeowners Corporation" ) in transactions •''
# 1fkl 6"
intended to qualify\ as a . "reorganization" within the meaning of ;
or I I y
I
Section 368 (a) (1) (D) of the Internal Revenue" Code of 1954 , it
dAlbeing contemplated by the Association, that the Residents Trust
will thereafter distribute its cash to the Wharf Company andit
shares of the Wharf Company to. its shareholders, as an integral ;
1 1 '' part of .this transaction, a . e Wharf Company will survive
so thtthe e
l4 �iiyy` r as the operative entity and so that the Residents Trust will be;(
eliminated and/ will not survive as an entity; and the Associatiod
1-
(+�i11'�np'� J IiI the Wharf Company, and the current cottage-owning,g g, voting membeii
3 � 'allb+� ppf � Ifl of the Association wish to 'form the Homeowners Corporation to
i f:� � p Sln'y l,i��ii nl��l�y71 II
acquire the business and substantially all of the -assets of they,
Association heretofore used in the operation of municipal and
F)�k ,i ,�.+, I�.:
> s ,�� �I utility operations on the terms and conditions set out. herein,
a X , NOW THEREFORE
AROIFF• ARDIFF @ MOM / , the Association, the Residents Trust, _
fa"•Y ' Ti j;' 13'6 1 'I uw orrlaee -
. 31 MA>Lr etRen
DANVERS, MASS.01923
X Y Sr
i ➢[ �yel'lp !'��I:C i,h !!,� TCL. (6171 714.7121 --
R 11111 !
f 4 Il^
{ d 41L tk Lla I�.x I I I
-
x14� ^F
y is i I
4 �T t i "�lkIl p°f
NI
n,
1���3 'I `` � F4��rJ��x]I i r I •
,
Andtthe Wharf Company agree as follows: I � 3
A. Description of the Proposed Reorganization 1
`' )
e. 1. Baker Island Residents Trust and Bakers �� '
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Island Wharf Company
The 'Residents Trust will distribute its cash
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to;the Wharf Company and its shares in the Wharf Company toits r ,�
iareholders. The Residents Trust will distribute its remaining 33 ;
deal estate to the Association to be held by it for conservation E -
efiry'
Au�poses only. The Wharf Company will survive as the operative fd +
eAtxity. The Residents Trust will be eliminated and will not
viveas "an entity. +1 i ,
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2. The Wharf Company and Baker ' s Island Associatio
The Association will transfer to the Wharf {,
company the cooperative store business, the "store building, and yis
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ments, the busi
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=eal .estate, all wharf improve
ries of wharf and i5Y+4
mooring rentals, the ferry contract, and all other normal busineh_ � '
(non-utility) operations, including cash, accounts and record boo s,
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etc. . The Association will then distribute its shares of Wharf -- q
("'company stock to the Association cottage-owning members. ,
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3 . Baker' s Island Association and Baker ' s Island ..
Homeowners Corporation, Inc. i )y
~- A new entity will be created, the Baker' s
,iIsland Homeowners Corporation, Inc. , to provide cooperative publi
utility services for the Islanders. The Homeowners Corporation b�,'';tt
ll be organized under the nonprofit corporation laws of Massa-
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chusetts (M.G.L. , Chapter 180) with membership limited to island
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cottage owners and the Bakers Island Wharf Company and the p' k
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} Baker's Island Association, voting limited to one vote per cottage
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a � + and one vote per entity. The Homeowners Corporation will be )
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incorporated by the voting members of the Association, th'e`wh�x'' ,
Company, and the Association, who will cause the Associatioh =tg' '.
}� trdnsfer to the Homeowners Corporation all assets related to a'�
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public utility services in exchange for one transferable memberail
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{ ship share to each cottage owner and each entity. The assets *A '
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k " " transferred to the. Homeowners Corporation will be :
F 1. Title to the pond, well, pipes, pumps;
and other related real property. ''S
2 . Firefighting, weed and insect control; !Y
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equipment,
3. Telephone equipment. ���
fil 1,, 4 . Contract for caretaker' s cottage, genera-
# tor, and' employment for security. nLn
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4l" 5 . Cash, accounts, record books, etc. "' Rl
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sgr ) Ftl`, , The Baker' s Island Homeowners Corporation4 U1
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� !!+ seeks recognition of tax exempt status under InternalRevenue
01,
Code , Section 501(c) (12) as a cooperative public utility. 'St iso
expected that assessments made to and r '
payments received from
r c $v ll members will be exempt from Federal taxation pursuant to In
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Revenue code;- Section 501(c) (12) . 3
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4 . Baker' s Island Association ? rr {
b � A 'The; Association will retain the hall the` +'t
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Driftwood Gift Shop, the. library, and some cash. The By-laws ,3
) itkf y r, '�; will be amended to make it a membership. organization, with vottagr
}rl�y
4I no longer tied to cottage ownership. It will continue to colt t'
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