1
Exhibit 10.15
QUITCLAIM DEED
XXXXXXXX CHELMSFORD B ASSOCIATES LIMITED PARTNERSHIP, a Massachusetts
limited partnership having its principal place of business at 000 Xxxxxxxxx
Xxxx, Xxxxxxxxx, Xxxxxxxxxxxxx ("GRANTOR"), for consideration of Six Hundred
Thousand Dollars ($600,000) paid, hereby grants unto RIVERNECK ROAD LLC, a
Delaware limited liability company having its principal place of business c/o
Mercury Computer Systems, Inc., 000 Xxxxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxxxxxxx
("GRANTEE") WITH QUITCLAIM COVENANTS, the parcel of land situated in Chelmsford,
Middlesex County, Massachusetts, together with any improvements if any located
thereon (collectively, the "Property") being more particularly in EXHIBIT A.
SUBJECT to and with the benefit of all easements, covenants, restrictions
and other encumbrances of record, to the extent in force and applicable,
including, without limitation, the easements described in the deed from Xxxx X.
Xxxxxxxx and X. Xxx Xxxxxxxx, Trustees of Xxxxxxxx Chelmsford Trust to Grantor
dated December 5, 1986 and recorded with the Middlesex North District Registry
of Deeds in Book 3818, Page 249 and Transfer Certificate of Title No. 27533
filed with the Middlesex North Registry of the Land Court.
The premises are granted subject to the restriction that no building or
buildings exceeding 97,000 gross square feet of floor area in the aggregate,
including, without limitation, additions hereto (exclusive of parking or
accessory structures or matters not included within the meaning of "gross floor
area" contained in the Town of Chelmsford Zoning By-Laws as amended) shall be
constructed upon the Premises; unless, prior to construction the Grantee, its
successors or assigns shall record in the Land Court Registry District of North
Middlesex County and the Middlesex County (Northern District) Registry of Deeds
either (i) an affidavit pursuant to X.X. x. 183 Section 5B attaching evidence
issued pursuant to X.X. x. 30 Section 61 through 62H and 301 C.M.R. 11.00 et
seq. for construction of up to 59,000 gross square feet of floor area upon Lot A
on the plan entitled "Plan of Land in Chelmsford, Mass." prepared for Xxxx X.
Xxxxxxxx & Co. by Xxxxxxx Bienvenue & Associates, Inc. Engineers and Surveyors,
Billerica, Mass. dated January 27, 1984 recorded with the Middlesex County
(Northern District) Registry of Deeds in Plan Book 144 Plan 142 as described in
a Deed recorded with said Deeds in Book 3838 Page 289 (ii) an affidavit pursuant
to X.X. x. 183 Section 5B stating that a building has been build on Lot A and a
certificate of occupancy has been issued by the Town of Chelmsford for such
building, or (iii) the written consent of the owner from time to time of Lot A.
In creating the building restriction herein contained the Grantor
acknowledges that the construction of a building and other improvements
consistent with the plans entitled "Building II 495/3 Tech Center Site
Development Plans Chelmsford, MA" containing 17 sheets endorsed by the Planning
Board of the Town of Chelmsford July 21, 1997 and referred to in 4 Certificates
of Decision on Special Permit Application voted June 4, 1997 and issued June 6,
1997 by the
2
Planning Board of the Town of Chelmsford in favor of Northland Development
Corporation and recorded in the Middlesex County (Northern District) Registry of
Deeds herewith, does not violate this restriction and is in compliance
therewith.
The foregoing restriction shall expire upon the issuance of a certificate
of occupancy by the Town of Chelmsford for a building on Lot A.
XXXXXXX's title is derived under a deed recorded with the Middlesex North
District Registry of Deeds in Book 3818, Page 249 and Transfer Certificate of
the Title No. 27533 filed with the Middlesex North Registry District of the Land
Court.
2
3
Executed under seal this 1st day of October, 1997,
XXXXXXXX CHELMSFORD B ASSOCIATES
LIMITED PARTNERSHIP
By: /s/ Xxxx X. Xxxxxxxx
---------------------------------
Xxxx X. Xxxxxxxx
General Partner
By: /s/ X. Xxx Xxxxxxxx
---------------------------------
X. Xxx Xxxxxxxx
General Partner
COMMONWEALTH OF MASSACHUSETTS
Norfolk County, ss. October 1, 1997
Then personally appeared the above-named Xxxx X. Xxxxxxxx, General Partner
of Xxxxxxxx Xxxxxxxxxx B Associates Limited Partnership and acknowledged the
foregoing instrument to be the free act and deed of said corporation, before me,
/s/ Xxxxx Xxxxxx Xxxxxxx
---------------------------------
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Norfolk County, ss. October 1, 1997
Then personally appeared the above-named X. Xxx Xxxxxxxx, General Partner
of Xxxxxxxx Xxxxxxxxxx B Associates Limited Partnership and acknowledged the
foregoing instrument to be the free act and deed of said corporation, before me,
/s/ Xxxxx Xxxxxx Xxxxxxx
---------------------------------
Notary Public
My Commission Expires:
3
4
EXHIBIT A
Parcel I (Registered)
That certain parcel of registered land in Chelmsford, Middlesex County
bounded as described as follows:
Southwesterly by Orleans Street, three hundred fifty-three and 50/100 (353.50)
feet;
Northwesterly by land now or formerly of Sundry Owners, by three lines measuring
together seven hundred twenty-one and 69/100 (721.69) feet;
Northeasterly by land now or formerly of Xxxxxx X. Xxxxxx et al, five hundred
sixty-eight and 34/100 (568.34) feet;
Southeasterly by Lot 0 xxx Xxxxxx Xxx., one hundred thirty (130) feet;
Easterly seventeen and 79/100 (17.79) feet; and
Southeasterly fifty-five (55) feet by said Xxxxxx Ave.,
Southeasterly again by said Xxxxxx Ave. and Lot 12, by two lines measuring
together one hundred seventy-six and 68/100 (176.68) feet;
Southwesterly twenty (20) feet; and
Southeasterly one hundred forty-three (143) feet, by land now or formerly of
Xxxxxxx Xxxxxxxxx.
All of said boundaries are determined by the Land Court to be located as shown
on subdivision plan 8155-E drawn by Xxxxxxx, Xxxxxxxx & Associates Inc.,
Surveyors, dated August 8, 1985, as approved by the Court, filed in the Land
Registration Office, a copy of a portion of which is filed with Certificate of
Title 27533, and said land is shown as Lot eleven (11) on said plan.
Being the premises described in Transfer Certificate of Title No. 27533 filed in
the Land Court Registry District of Northern Middlesex County in Land
Registration Book 131 Page 93.
Parcel II (Recorded)
A certain parcel of land in Chelmsford, Massachusetts, shown as Lot 2-B on
a plan entitled "Plan of Land in Chelmsford, Mass., Prepared for: Xxxxxxxx
Chelmsford Trust", dated August 9, 1985, prepared by Xxxxxxx, Xxxxxxxx &
Associates, Inc., Billerica, Mass. (the "Plan") recorded in the Middlesex County
North District Registry of Deeds (the "Registry") in Plan Book 152, Page 115,
and bounded and described according to the Plan as follows:
4
5
SOUTHEASTERLY
EASTERLY and
SOUTHEASTERLY by Riverneck Road, in four courses measuring 123.81 feet,
5.00 feet, 64.14 feet, 89.37 feet;
WESTERLY by land of Xxxxxx X. Xxxxxx, of Xxxxxx X. Xxxxxxx, of Xxxx
X. Xxxxxx, Xx., of Xxxxxxx X. Xxxx, and Lot 2-A, 923.34
feet;
NORTHWESTERLY by Lot 3, 88.09 feet;
EASTERLY by Lot 1, 287.06 feet;
NORTHEASTERLY by Lot 1, 133.97 feet;
EASTERLY by Lot 1, 77.00 feet;
NORTHERLY by Lot 1, 25.00 feet;
EASTERLY and
NORTHEASTERLY by Lot 1, in five courses measuring 37.60 feet, 47.26 feet,
218.68 feet, 61.09 feet, and 8.46 feet; and
NORTHEASTERLY by Lot 1, 56.04 feet.
Parcel II contains 3.17 acres of land, according to the Plan.
Parcel I and II are the same premises conveyed to Xxxxxxxx
Chelmsford B Associates Limited Partnership by a Deed filed with the Land Court
Registry District of Northern Middlesex County as Document No. 114711 and
recorded with the Middlesex County (Northern District) Registry of Deeds in Book
3818 Page 249.
5