CONSERVATION RESTRICTION - 15 WARD STREET v
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SO.ESSEX #520 B08110 P 516
GRANTOR: 15 Ward Street LLC ryry
12l13/2019 12:10 GRNT Pg 1J179
GRANTEE: City of Salem, MA
PREMISES: 15 Ward Street,Salem, MA
FOR GRANTOR'S TITLE SEE: Southern
Essex District Registry. of Deeds Book
32809 Page 284
CONSERVATION RESTRICTION
15 Ward Street LLC,a Massachusetts limited liability company,with a principal place of business
located at 96 Lafayette Street, Salem,Essex County,Massachusetts, for its successors and assigns
("Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts
General Laws, grants, with QUITCLAIM COVENANTS, to the City of Salem acting by and
through its Conservation Commission by authority of Section 8C of Chapter 40 of the
Massachusetts General Laws, with an address of 93 Washington Street, Salem, Essex County,
Massachusetts, its permitted successors and assigns ("Grantee"), for consideration of$40,000 in
Massachusetts General Laws Chapter 44B Community Preservation Act (CPA) funds, IN
PERPETUITY AND EXCLUSIVELY FOR CONSERVATION AND RECREATION
PURPOSES, the following Conservation Restriction for Public Recreational Use(hereinafter the
"Conservation Restriction"or the"Restriction") on land located at 15 Ward Street in the City of
Salem, Massachusetts containing the entirety of a 1925 square foot parcel of land ("Premises"),
which Premises is more particularly described in Exhibit A. which is incorporated herein and
attached hereto.
I. PURPOSES:
This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of
the General Laws and otherwise by law. The purpose of this Restriction is to assure that the
Premises will be maintained in perpetuity for conservation and public recreation purposes and to
prevent any use or change that would impair or interfere with its conservation and public
preservation values("conservation values").
Construction of the park was undertaken on the Premises using M.G.L. c. 44B Community
Preservation Act funds. Documentation of the City Council vote authorizing the use of such funds
for such purpose is attached hereto as Exhibit B.
The conservation values include the following:
• Public Access. Public access to the Premises will be allowed for outdoor recreation.
• Public Park Preservation.This Conservation Restriction will ensure that the Premises will
be permanently available as a recreational space.
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H. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED
USES
A. Prohibited Acts and Uses
Subject to the exceptions set forth herein, the Grantor will not perform or allow others to perform
the following acts and uses which are prohibited on, above, and below the Premises:
(1) Constructing,placing or allowing to remain any temporary or permanent building, landing
strip, mobile home, swimming pool, billboard or other advertising display, antenna, tower, solar
panel, solar array, or other temporary or permanent structure or facility on, above or under the
Premises;
(2) Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel,
sand,rock or other mineral resource or natural deposit or otherwise making topographical changes
to the area;
(3) Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish,
debris, junk, tree and other vegetation cuttings generated off-site, waste or other substance or
material whatsoever or the installation of underground storage tanks;
(4) Cutting,removing or otherwise destroying trees, grasses or other vegetation;
(5) Activities detrimental to drainage,flood control,water conservation,water quality, erosion
control, soil conservation,wildlife habitat, or archaeological conservation;
(6) Use, parking or storage of vehicles including motorcycles, mopeds, all-terrain vehicles,
trail bikes,or any other motorized vehicles on the Premises except for vehicles necessary for public
safety(i.e.,fire,police,ambulance,other government officials)in carrying out their official duties
or as necessary for the mobility impaired;
(7) Subdivision or conveyance of a part or portion of the Premises alone, or division or
subdivision of the Premises(as compared to conveyance of the Premises in its entirety which shall
be permitted), and no portion of the Premises may be used towards building or development
requirements on this or any other parcel;
(8) The use of the Premises for business, residential or industrial use, or for more than de
minimis commercial recreation;
(9) The disruption, removal, or destruction of the stone walls or granite fence posts on the
Premises;
(10) The use of the Premises for piling of snow from off of the Premises;
(11) Any other use of the Premises or activity which is inconsistent with the purpose of this
Restriction or which would impair its conservation values.
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B. Reserved Rights and Exceptions
The Grantor reserves the right to conduct or permit the following activities and uses on the
Premises,but only if such uses and activities do not impair the conservation values or purposes of
this Restriction.
(1) Community Park Uses. The construction, installation, maintenance,renewal and use of a
community park,provided that any construction receives prior approval of the Grantee,and further
provided that motorized uses shall not be permitted, except as necessary in connection with the
construction, installation, maintenance, and renewal of the community park features and related
infrastructure as described herein. For the purposes of this paragraph, allowable elements
associated with a "community park" shall include recreational courts or fields, playground
structures, community gardens, farmers' markets, tree and other vegetation plantings, and other
improvements commonly associated with community parks, including,but not limited to benches
and seating, trash receptacles, and water fountains, but shall not include buildings or other
structures inconsistent with the uses described in this Paragraph II(B)(1). Allowable uses shall
include, without limitation, the use of the elements listed above for open space and recreational
purposes as well as activities commonly associated with community parks;
(2) Vegetation Management. The selective minimal removing of brush, pruning and cutting
to prevent, control or remove hazards, disease, insect or fire damage, or to preserve the present
condition of the Premises, woods roads, fence lines and trails and meadows;
(3) Non-native or nuisance species. The removal of non-native or invasive species, the
interplanting of native species, and the control of species in a manner that minimizes damage to
surrounding,non-target species and preserves water quality;
(4) Wildlife Habitat Improvement. With the prior written permission of Grantee, measures
designed to restore native biotic communities, or to maintain, enhance or restore wildlife,wildlife
habitat,or rare or endangered species including selective planting of native trees, shrubs and plant
species;
(5) Archaeological Investigations. The conduct of archaeological activities,including without
limitation survey,excavation and artifact retrieval,following submission of an archaeological field
investigation plan and its approval in writing by Grantee and the State Archaeologist of the
Massachusetts Historical Commission(or appropriate successor official).
(6) Signs. The erection, maintenance and replacement of signs with respect to trespass, trail
access,identity and address of the occupants,the Grantee's interest in the Premises, any gift,grant,
or other applicable source of support for the conservation of the Premises, and the protected
conservation values.
(7) Outdoor Passive Recreational Activities. Bird-watching, basketball, and other non-
motorized outdoor recreational activities that do not materially alter the landscape, do not degrade
environmental quality, and do not involve more than minimal use for commercial recreational
activities;
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(8) Permits, Regulations. Laws. The exercise of any right reserved by Grantor under this
Paragraph B shall be in compliance with zoning,the Wetlands Protection Act, and all other
applicable federal, state and local laws, rules,regulations, and permits. The inclusion of any
reserved right requiring a permit from a public agency does not imply that the Grantee or the
Commonwealth takes any position whether such permit should be issued.
(9) Best Management Practices. The exercise of any right reserved by Grantor under this
Paragraph B shall follow, when available and if applicable, established,up to date, and
regionally-applicable Best Management Practices or similar standards developed by a
governmental agency or other entity with known expertise in the area of practice and designed to
protect the natural features potentially affected by the action(s).
C. Notice and Approval.
Whenever notice to or approval by Grantee is required, Grantor shall notify Grantee,by a method
requiring proof of receipt, in writing not less than 60 days prior to the date Grantor intends to
undertake the activity in question. The notice shall describe the nature, scope, design, location,
timetable and any other material aspect of the proposed activity in sufficient detail to permit the
Grantee to make an informed judgment as to its consistency with the purposes of this Restriction.
Where Grantee's approval is required, Grantee shall grant or withhold approval in writing within
60 days of receipt of Grantor's request. Grantee's approval shall not be unreasonably withheld,
but shall only be granted upon a showing that the proposed activity shall not impair the purposes
of this Restriction.
III. LEGAL REMEDIES OF THE GRANTEE
A. Legal and Injunctive Relief.
The rights hereby granted shall include the right to enforce this Restriction by appropriate legal
L proceedings and to obtain injunctive and other equitable relief against any violations, including,
without limitation, relief requiring restoration of the Premises to their condition prior to the time
of the injury complained of(it being agreed that the Grantee will have no adequate remedy at law).
The rights hereby granted shall be in addition to, and not in limitation of, any other rights and
remedies available to the Grantee for the enforcement of this Restriction. Grantee agrees to
cooperate for a reasonable period of time prior to resorting to legal means in resolving issues
concerning violations provided Grantor ceases objectionable actions and Grantee determines there
is no ongoing diminution of the conservation values of the Restriction.
Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses(including
reasonable counsel fees) incurred in enforcing this Restriction or in taking reasonable measures to
remedy, abate or correct any violation thereof, provided that a violation of this Restriction is
acknowledged by Grantor or determined by a court of competent jurisdiction to have occurred.
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B. Non-Waiver.
Enforcement of the terms of this Restriction shall be at the discretion of Grantee. Any election by
the Grantee as to the manner and timing of its right to enforce this Restriction or otherwise exercise
its rights hereunder shall not be deemed or construed to be a waiver of such rights.
C. Disclaimer of Liability
By acceptance of this Restriction, the Grantee does not undertake any liability or obligation
relating to the condition of the Premises pertaining to compliance with and including, but not
limited to,hazardous materials,zoning, environmental laws and regulations, or acts not caused by
the Grantee or its agents.
D. Acts Beyond the Grantor's Control
Nothing contained in this Restriction shall be construed to entitle the Grantee to bring any actions
against the Grantor for any injury to or change in the Premises resulting from causes beyond the
Grantor's control, including but not limited to fire, flood, storm and earth movement, or from any
prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to the Premises resulting from such causes. In the event of any such occurrence,
the Grantor and Grantee will cooperate in the restoration of the Premises,if desirable and feasible.
IV. ACCESS
The Grantor hereby grants to the Grantee,or its duly authorized agents or representatives,the right
to enter the Premises upon reasonable notice and at reasonable times,for the purpose of inspecting
the Premises to determine compliance with or to enforce this Restriction. The Grantor also grants
to the Grantee, after notice of a violation and failure of the Grantor to cure said violation,the right
to enter the Premises for the purpose of taking any and all actions with respect to the Premises as
may be necessary or appropriate to remedy or abate any violation hereof,including but not limited
to the right to perform a survey of boundary lines.
The Grantor agrees to take no action to prohibit or discourage access to and use of the Premises
by the general public,but only for daytime use and only as described in Section II(B)(7)
provided that such agreement by Grantor is subject to the Grantor's reserved right to establish
reasonable rules,regulations, and restrictions on such permitted recreational use by the general
public for the protection of the purposes and conservation values of this Restriction. Grantor has
the right to control, limit, or prohibit by posting and other reasonable means activities or uses of
the Premises not authorized in Section II(B)(7). The Grantor's right to grant public access across
the Premises is subject to the restrictions described in this Restriction. Any public use which is
permitted by the terms of this Restriction constitutes permission to use the Premises for purposes
described in the Massachusetts General Laws Chapter 21, Section 17C and the Grantor and
Grantee hereto benefit from exculpation from liability to the extent provided in such section. The
Grantee may require the Grantor to post the Premises against any use that may result in rutting or
erosion or other damage to the natural resources of the Premises.
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V. EXTINGUISHMENT
A. If circumstances arise in the future such as render the purpose of this Restriction impossible
to accomplish,this restriction can only be terminated or extinguished,whether in whole or in part,
by a court of competent jurisdiction under applicable law after review and approval by the
Massachusetts Secretary of Energy and Environmental Affairs. If any change in conditions ever
gives rise to extinguishment or other release of the Restriction under applicable law,then Grantees,
on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a
portion of the proceeds in accordance with Paragraph V(B) below, subject, however, to any
applicable law which expressly provides for a different disposition of the proceeds and after
complying with the terms of any gift,grant,or funding requirements. Grantees shall use its share of
the proceeds in a manner consistent with the recreation purpose set forth herein.
B. Proceeds. Grantor and Grantee agree that the donation of this Restriction gives rise to a
real property right,immediately vested in the Grantee,with a fair market value that is at least equal
to the proportionate value that this Restriction bears to the value of the unrestricted property. Such
proportionate value of the Grantee's property right shall remain constant. Any proceeds will be
distributed only after complying with the terms of any gift, grant, or other funding requirements,
including CPA funding.
C. Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the
Premises or any interest therein is taken by public authority under power of eminent domain or
other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the
full value of all direct and consequential damages resulting from such action. All related expenses
incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the
remaining proceeds shall be distributed between the Grantor and Grantee in accordance with
Paragraph V(B) — above, after complying with the terms of any law, gift, grant, or funding
requirements. If a less than fee interest is taken,the proceeds shall be equitably allocated according
to the nature of the interest taken. The Grantee shall use its share of the proceeds like a continuing
trust in a manner consistent with the conservation purposes of this grant.
VI. DURATION &ASSIGNABILITY
A. Running of the Burden. The burdens of this Restriction shall run with the Premises in
perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the
Grantor holding any interest in the Premises.
B. Execution of Instruments. The Grantee is authorized to record or file any notices or
instruments appropriate to assuring the perpetual enforceability of this Restriction;the Grantor,on
behalf of itself and its successors and assigns, appoints the Grantee their attorney-in-fact to
execute, acknowledge and deliver any such instruments on its behalf. Without limiting the
foregoing, the Grantor and its successors and assigns agree themselves to execute any such
instruments upon request.
C. Running of the Benefit. The benefits of this Restriction shall run to the Grantee, shall be
in gross and shall not be assignable by the Grantee, except in the following instances:
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As a condition of any assignment, the Grantee shall require that the purpose of this Restriction
continues to be carried out; that the Assignee is not an owner of the fee in the Premises, that the
Assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue
Code of 1986,as amended,and applicable regulations thereunder,and is a donee eligible to receive
this Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts. Any
assignment will comply with Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts,if applicable.
VII. SUBSEQUENT TRANSFERS
The Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other
legal instrument which grants any interest in all or a portion of the Premises,including a leasehold
interest and to notify the Grantee not less than twenty (20) days prior to the execution of such
transfer. Failure to do any of the above shall not impair the validity or enforceability of this
Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of
the Commonwealth of Massachusetts, if applicable.
The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts
or omissions occurring prior to any transfer and liability for any transfer if in violation of this
Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the
Premises or removal of violations caused by prior owner(s) and may be held responsible for any
continuing violations.
VIII. ESTOPPEL CERTIFICATES
Upon request by the Grantor, the Grantee shall, within thirty(30) days execute and deliver to the
Grantor any document, including an estoppel certificate,which certifies the Grantor's compliance
or non-compliance with any obligation of the Grantor contained in this Restriction.
IX. NON MERGER
The parties intend that any future acquisition of the Premises shall not result in a merger of the
Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will
not take title,to any part of the Premises without having first assigned this Restriction to a non-fee
owner that is qualified under Section 170(h) of the Internal Revenue Code of 1986, as amended,
and applicable regulations thereunder and is eligible to receive this Restriction under Section 32
of Chapter 184 of the General Laws of Massachusetts in order to ensure that merger does not occur
and that this Restriction continues to be enforceable by a non-fee owner.
X. AMENDMENT
If circumstances arise under which an amendment to or modification of this Restriction would be
appropriate,Grantor and Grantee may jointly amend this Restriction;provided that no amendment
shall be allowed that will affect the qualification of this Restriction or the status of Grantee under
any applicable laws,including Section 170(h)of the Internal Revenue Code of 1986, as amended,
or Sections 31-33 of Chapter 184 of the General laws of Massachusetts. Any amendments to this
Restriction shall occur only in exceptional circumstances. The Grantee will consider amendments
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only to correct an error or oversight, to clarify an ambiguity, or where there is a net gain in
conservation value. All expenses of all parties in considering and/or implementing an amendment
shall be borne by the persons or entity seeking the amendment. Any amendment shall be consistent
with the purposes of this Restriction, shall not affect its perpetual duration, shall be approved by
the Secretary of Energy and Environmental Affairs and if applicable, shall comply with the
provisions of Art. 97 of the Amendments to the Massachusetts Constitution, and any gifts, grants
or funding requirements. Any amendment shall be recorded in the Southern Essex Registry of
Deeds.
XI. EFFECTIVE DATE
This Restriction shall be effective when the Grantor and the Grantee have executed it, the
administrative approvals required by Section 32 of Chapter 184 of the General Laws have been
obtained, and it has been recorded in a timely manner in the Southern Essex Registry of Deeds.
XII. NOTICES
Any notice, demand, request, consent, approval or communication that either party desires or is
required to give to the other shall be in writing and either served personally or sent by first class
mail,postage pre-paid, addressed as follows:
To Grantor: Mickey Northcutt, Manager
15 Ward Street LLC, C/O North Shore Community Development Coalition
96 Lafayette Street
Salem,MA 01970
With a copy to:
Kimberly L. Martin-Epstein, Esq.
Hackett Feinberg P.C.
155 Federal Street, 9th Floor
Boston, MA 02110
To Grantee:
The City of Salem Conservation Commission
98 Washington Street
Salem,MA 01970
or to such other address as any of the above parties shall designate from time to time by written
notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable
by the parties.
XIII. GENERAL PROVISIONS
A. Controlling Law. The interpretation and performance of this Restriction shall be governed
by the laws of the Commonwealth of Massachusetts.
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B. Liberal Construction. Any general rule of construction to the contrary notwithstanding,
this Restriction shall be liberally construed in favor of the grant to effect the purpose of this
Restriction and the policy and purposes of Chapter 184, Sections 31, 32, and 33 of the
Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any
interpretation consistent with the purpose of this Restriction that would render the provision valid
shall be favored over any interpretation that would render it invalid.
C. Severability. If any provision of this Recreation Restriction or the application thereof to
any person or circumstance is found to be invalid,the remainder of the provision of this Recreation
Restriction shall not be affected thereby.
D. _Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to this Recreation Restriction and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Recreation Restriction, all of which are merged
herein.
XIV. MISCELLANEOUS
A. Pre-existing Public Rights. Approval of this Recreation Restriction pursuant to Chapter
184,Section 32 of the Massachusetts General Laws by any municipal officials and by the Secretary
of Energy and Environmental Affairs is not to be construed as representing the existence or non-
existence of any pre-existing rights of the public, if any,in and to the Premises,and any such pre-
existing rights of the public,if any, are not affected by the granting of this Recreation Restriction.
B. Subordination. The Grantor attests that there is no mortgage, promissory note, loan, lien,
.-Ndity.credit line, refinance assignment of mortgage, lease, financing statement or any other
agie eut which gives rise to a surety interest affecting the Premises.
Attached hereto and incorporated herein by reference are the following:
ature pages:
-��'` rtrrantd :�15 Ward Street LLC,Mickey Northcutt Manager
Grantee Acceptance: Conservation Commission
Approval by City of Salem, Kimberley Driscoll, Mayor
Approval by City Council
Approval of the Secretary of Energy and Environmental Affairs.
Exhibits:
Exhibit A: Legal Description of Premises
Exhibit B: Letter From City Clerk Summarizing City Council Vote authorizing use of CPA funds
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WITNESS hand and seal this_d�day of ff(mil U -- ,2019,
By: on
Mic ey rth
Manager 15 Ward Street LL
COMMONWEALTH OF MASSACHUSETTS
Essex County, ss:
On-this 4 day-of Q 0uL_),� , -2019, before me,-the undersigned notary
public,personally appeared MICKEY NORTHCUTT, and proved to me through satisfactory
evidence of identification which was t>r;ver`s CA ce_A-•T.e to be the person whose
name is signed on the proceeding or attached document, and acknowledged to me that she signed
it voluntarily for its stated purpose.
C ti'
(:iarypublic ZTc"on C. P i na.
My Commission Expires: %Tunes
10
ACCEPTANCE OF CONSERVATION RESTRICTION
BY CITY OF SALEM CONSERVATION COMMISSION
We, the undersigned, being a majority of the Conservation Commission of the City of Salem,
Massachusetts, hereby certify that at a public meeting duly held on /b�/D 12019,
the Conservation Commission voted to approve and accept the foregoing Conservation Restriction
from 15 Ward Street LLC pursuant to M.G.L. Chapter 184 Section 32 and Chapter 40 Section 8C
and do hereby accept the foregoing Conservation Restriction.
CITY OF SALEM CONSERVATION COMMISSION:
Bart Hoskins Gre,7 t. Lo
Tom`C mpWf Ty le . Glode
Dan Ricciarelli' Scott Sheehan
Nabssa Vieira
COMMONWEALTH OF MASSACHUSETTS
Essex County, ss:
On this /G 711, day of &4 2019, before me, the undersigned notary public, personally
appeared: n
Ow Cc1.v,4-) l7p I , and
K— f4 , 1 012 and
Cl v) i Ce f Ct.r l l , and
5L1 f P (n , and
and
and
and proved to me through satisfactory evidence of identification which were MA Drivers Licenses,
to be the persons whose names are signed above, and acknowledged to me that they signed it
voluntarily for its stated purpose.
tary Public
y Commission Expires: 'IIL y121
JOANNE We.
' Nolai�Puma
11 or
My cap-*is m �rPi►�s
APPROVAL OF CONSERVATION RESTRICTION
BY MAYOR OF THE CITY OF SALEM AND THE SALEM CITY COUNCIL
I, Mayor Kimberley Driscoll,the undersigned,being the Mayor of the City of Salem, Essex
County,Massachusetts,pursuant to a vote taken by the Salem City Council at a meeting duly
held on oloe j_ , 2019, hereby approve and accept the foregoing Conservation
Restriction from 15 Ward Street LLC to the City of Salem acting by and through its
Conservation Commission in the public interest pursuant to Section 32 of Chapter 184 of the
General Laws of Massachusetts.
Name: Kimberley Driscoll
Its: Mayor, duly authorized
COMMONWEALTH OF MASSACHUSETTS
Essex County, ss:
On this day of 2019,before me,the undersigned notary public,
personally appeared Kimberley Driscoll proved to me through satisfactory evidence of
identification which was personal knowledge to be the person whose name is signed on the
proceeding or attached document, and acknowledged to me that she signed it voluntarily for its
stated purpose as Mayor of the City of Salem, MA.
Notary Public
My Commission Expires:
C£, JENNIFER7MASSACH�,USFTTS
SSELL
_n Notarylic
COMMONWEAUH O
My CommisExpresJune 322
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VOTE OF SALEM CITY COUNCIL
I,Ilene Simons, City Clerk of the City of Salem hereby certify that at a meeting duly held on
October 24 ,2019 the City Council voted to approve and accept the foregoing Conservation
Restriction from 15 Ward Street LLC to the City of Salem acting by and through its
Conservation Commission in the public interest pursuant to Section 32 of Chapter 184 of the
General Laws of Massachusetts.
By:
Name: Ilene Simons
Its: City Clerk,duly authorized
COMMONWEALTH OF MASSACHUSETTS
Essex County, ss:
On this I d-day of ° `'"� ,2019,before me,the undersigned notary public,
personally appeared Ilene Simons,proved to me through satisfactory evidence of identification
which was personal knowledge to be the person whose name is signed on the proceeding or
attached document,and acknowledged to me that she signed it voluntarily for its stated purpose
as City Clerk for the City of Salem,MA.
q0tary Public
My Commission Expires:
U-�� JENNIFE'R WESSELL
Notary Public
NWEAii H OF MASSACHUSETTSCommission Expires
June 3, 2022
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APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth
of Massachusetts,hereby certifies that the foregoing Conservation Restriction from 15 Ward Street
LLC to the City of Salem acting by and through its Conservation Commission has been approved
in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32.
Dated: o ern 7�,2019
KAT 4LEEN A. THEOHARIDES
Secretary of Energy and Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss: ,,t
On this day of tVO�l�afY� � , 2019, before me, the undersigned notary
public, personally appeared KATHLEEN A. THEOHARIDES, and proved to me through
satisfactory evidence of identification which was _ �(}1,�(e[ ' to be the
$
person whose name is signed on the proceeding or attached document, and acknowledged to me
that she signed it voluntarily for its stated purpose.
Notary Public 2
My Commission Expires:
IDENISE P bRESNotary OF M SMCHUSEnSANIMy commission ss
My Ccmmi r 28 Expires023
Decto ember — 2023
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EXHIBIT A
The land subject to this Conservation Restriction,referred to herein as the Premises,is a certain
parcel of land on Ward Street in Salem, Massachusetts, bounded and described as follows:
SOUTHERLY by Ward Street forty-three(43) feet;
WESTERLY by land now or late of D. Foley about forty-seven feet two inches (47'2");
NORTHERLY by land now or late of Owen Connors twelve feet two inches (12'2");
NORTHEASTERLY by the same land three feet three inches (3'3");
NORTHERLY by the same land twenty-nine feet seven inches (297); and
EASTERLY by land now or late of Radford about forty-three feet six inches(43'6").
Description derives from deed of Marie Anna L'Heureux,Trustee, et al dated July 30, 1968 and
recorded at Essex South District Registry of Deeds in Book 5551, Page 31.
The entirety of the Premises is subject to this Conservation Restriction.
Premises address: 15 Ward Street, Salem, MA
Premises also shown on Salem Assessor's Map 34 as Lot 393
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EXHIBIT B-Letter From City Clerk Summarizing City Council Vote authorizing use of CPA
funds
[Attached]
16
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Juyao�� 91100 ?l1
March 28,2019
Ms.Jane Guy
Assistant Community Development Director
City of Salem
Department of Planning&Community Development
98 Washington Street
Salem, MA 01970
RE: 15 Ward Street Pocket Park
Dear Ms. Guy:
At a regular meeting of the City Council held on June 26,2014,the City Council adopted the
recommendation from the Community Preservation Committee and voted unanimously to authorize the
use of$40,000 in Community Preservation Act funds for the purpose of constructing a park on the
premises of 15 Ward Street by 15 Ward Street,LLC.
This action was approved by the Mayor on July 1, 2014.
Very truly yours,
ILENE SIMONS
CITY CLERK