Attachment 7 - Deed - Tyrell Warranty Deed as recorded.pdf

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Property Title Work NH WMNF Federal contract opportunity
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PAGE 1 ofS BK: 4446 PG: 584

UPON RECORDING, RETURN TO:

WARRANTY DEED

E # 19007906 06/28/2019 02:20 PM

Book 4446 Page 584 Page 1 of 8

Register of Deeds, Grafton County

LCHIP FEE

TRANS TAX

GRA134055 25.00

GR063939 51,000.00

WATERVILLE COMPANY, INC., a New Hampshire corporation, with a mailing address of P.O. Box 530, Waterville Valley, New Hampshire 03215, for consideration paid, grants to TYRELL DEVELOPMENT COMPANY LLC, a Delaware limited liability company, with a mailing address of 11 Court Street, Exeter, New Hampshire 03833, with WARRANTY COVENANTS, certain tracts or parcels ofland, together with any and all buildings, improvements and fixtures thereon, located in the Tov.-n of Waterville Valley, Grafton County, and State ofNew Hampshire, more particularly bounded and described in Exhibit A attached hereto, together with any and all of the easements, licenses, rights of way and appurtenant rights related thereto (collectively, the "Premises"), and subject to the matters set forth in Exhibit B attached hereto, to the extent in force and applicable.

The within-conveyed Premises is not homestead premises.

[remainder of page intentionally blank- signature page to follow]

PAGE 2 ofS BK: 4446 PG: 585

'('•f EXECUTED this _J_i_ day of June, 2019.

STATE OF NEW HAMPSHIRE

COUNTY OF M.el't\~,a..L-

WATERVILLE COMPANY, INC.

By:U~L/. c;;:~

, SS

William W. Cantlin, President Duly Authorized

The foregoing instrument was acknowledged before me this~ay of June, 2019 by William W.

Cantlin, as President of Waterville Company, Inc.

Name:

My Commission Expires:

PAGE 3 of 8 BK: 4446 PG: 586

EXIIlBIT A

Legal Description of Premises

Parcell 135 Valley Road (Tax Map 105-1)

A certain tract or parcel of land, with any and all buildings, fixtures and improvements thereon, located on Valley Road in the Town of Waterville Valley, Grafton County, New Hampshire, shown as "Proposed Lot l" on the plan entitled "Four Lot Subdivision of Tax Map 105 Lot I", dated July 30, 2007 and recorded in the Grafton County Registry of Deeds as Plan 12995. Proposed Lot 1, as shown on the plan, is more particularly bounded and described as follows:

Beginning at a concrete/ granite bound on Valley Road, being the southeasterly most corner of the within described premises; thence S 60° 11' 11" W, a distance of

107.96 feet to a granite bound to be set along the shore of Corcoran's Pond (at an elevation of 1,475.5); thence continuing westerly along said shoreline at said elevation to a point located S 7 6° 07' 14" E 21.84 feet from a granite bound to be set;

thence N 76° 07' 14" W 21.84 feet to a granite bound to be set (the tie course between the two previously mentioned granite bounds being S 79° 20' 24" W, a distance of 588.94 feet); thence N 76° 07' 14" W, a distance of 47.52 feet to a point;

thence in a northwesterly direction along a line for an unspecified distance to a point at or near the building at Tax Map 105, Lots 2 & 3); thence N 54° 49' 04" E, a distance of220.65 feet to a point; thence N 35° 16' 34' W, a distance of 32.32 feet to a point; thence N 54° 43' 27" E, a distance of30.45 feet to a point; thence N 35° 27' 56" W, a distance of 14.65 feet to a point; thence N 54° 43' 27" E, a distance of

16.40 feet to a point; thence N 35° 16' 34'' W, a distance of 28.40 feet to a point;

thence S 54 ° 29' 20' W, a distance of 16.40 feet to a point; thence N 35° 16' 34" W, a distance of 18.00 feet to a point; thence S 54° 43' 27" W, a distance of8.63 feet to a point; thence N 35° 15' 58" W, a distance of 44.54 feet to a point; thence S 54° 44' 02" W, a distance of 222.34 feet to a point; thence N 35° 13' 08" W, a distance of

84. 76 feet to a sewer man hole; thence N 73 ° 30' 25" W, a distance of 84.4 7 feet to a point along the assumed edge ofright of way for Village Road; thence along an arc of a curve having a radius of 625.00 feet and a length of 67.68 feet to a point; thence N 11° 11' 37" E, a distance of 144.04 feet to an iron pin/pipe; thence along an arc of a curve having a radius of 615.09 feet and a length of 148.42 feet to a point; thence along an arc of a curve having a radius of 400.00 feet and a length of120.67 feet to a point; thence along an arc of a curve having a radius of 25.00 feet and a length of

35.62 feet to a point along the sideline of Valley Road (the previous five courses being along the assumed edge of right of way for Village Road); thence S 56° 04' 13" E, a distance of 775.13 feet to a NHHD highway bound called for but not found;

thence along an arc of a curve having a radius of 1,008.74 feet and a length of 452.48 feet to a concrete/granite bound, being the point of beginning (the previous two courses being along the sideline of Valley Road).

PAGE 4 of 8 BK: 4446 PG: 587

Parcel Il Valley Road (Tax Map 105-1.2)

A certain tract or parcel of land, with any and all buildings, fixtures and improvements thereon, located on Valley Road in the Town of Waterville Valley, Grafton County, New Hampshire, shown as "Proposed Lot 3" on the plan entitled "Four Lot Subdivision of Tax Map 105 Lot l '',dated July 30, 2007 and recorded in the Grafton County Registry of Deeds as Plan 12995. Proposed Lot 3, as shown on the plan, is more particularly bounded and described as follows:

Beginning at a point on Valley Road, being the southeasterly most corner of the within described parcel; thence N 73° 03' 49" W, a distance of 17.00 feet to a concrete/ granite bound; thence along an arc of a curve having a radius of 991. 7 4 feet, a length of 142.80 feet and a delta of 08° 15' 00" to a granite bound to be set; thence N 59° 20' 17" W, a distance of270.59 feet to a concrete/granite bound; thence N 89° ST 09" W, a distance of 121. 7 4 feet to granite bound to be set; thence N 09° 29' 51" W, a distance of 201.11 feet to an granite bound to be set along the shore of Corcoran's Pond (at an elevation of 1,475.5); thence continuing easterly along said shoreline at said elevation to a granite bound to be set at said elevation (the tie course between the two previously mentioned granite bounds being S 53° 58' 01" W, a distance of 448.41 feet); thence N 75° 06' 52" E, a distance of 61.51 feet to a point;

thence along an arc of a curve having a radius of991.74 feet and a length of74.81 feet to a concrete/granite bound; thence N 79° 26' 11" E, a distance of 17.00 feet to a concrete/granite bound; thence along an arc of a curve having a radius of 1,008.74 feet, a length of 484.16 feet and a delta of 27° 30'' 00" to a 6"x6" NHHD highway bound found, being the point of beginning.

Parcel III 13 Beanbender Road (Tax Map 101-13)

A certain tract or parcel of land, with any and all buildings, fixtures and improvements thereon, located in the Town of Waterville Valley, Grafton County.New Hampshire, being a portion of Tract 4, all of Tract 5, and all of Tract 6 as described in Warranty Deed of Ralph H. Bean to Waterville Company, Inc., dated February 1, 1966 and recorded in the Grafton County Registry of Deeds at Book 1030 Page 52, as corrected by a deed dated July 28, 1966 and recorded in said Registry at Book 1040, Page 375 and as further coITected by a deed dated September 1, 1966 and recorded in said Registry at Book 1042, Page 361. EXCEPTING AND RESERVING THEREFROM, (a) the parcel shown as lot "2-01-02-0 l" on the plan entitled "Lot Line Adjustment Survey for Waterville Valley Ski Resort, Inc. Waterville Valley, N.H.", dated August 2000 and recorded in the Grafton County Registry of Deeds as Plan #10208 (also shown in the municipal tax records as Tax Map 101-12 and described in this deed as Parcel IV), and (b) any other portion of the within-described premises conveyed by the Granter and lying to the west of said Lot 2-01-02-01, including without limitation Lot 1 as shown on said Plan #10208.

PAGE 5 of'H BK: 4446 PG: 588

Parcel IV 15 Beanbender Road (Tax Map 101-12)

A certain tract or parcel of land, with any and all buildings, fixtures and improvements thereon, located on Beanbender Road in the Town of Waterville Valley, Grafton County, New Hampshire, and shown as "Lot 10" on the plan entitled "Cascade Ridge at Waterville Valley, Waterville Valley, N.H.", dated February 2000, as revised on March 22, 2000 and recorded in the Grafton County Registry of Deeds as Plan 9891. Lot 10, as shown on the plan, is more particularly bounded and described as follows:

Beginning at the southeasterly most comer of the within descdbed parcel; thence along an arc of a curve on Beanbender Road having a radius of 45.00, a length of

55.18 feet, andadeltaof70° 15' 17" to a point; thence continuing along Beanbender Road along an arc of a curve having a radius of25.00 feet, a length of24.91 feet, and a delta of 57° 04' 56"; thence N 24° 30' 26" E, a distance of 101.15 feet to an iron pipe; thence N 71° 32' 20" W, a distance of 69.27 feet to a point; thence N 17° 46' 37" E, a distance of 136.04 feet to an iron pipe; thence N29° 16' 03" E, a distance of

125.57 feet to an iron pipe; thence N 34° 57' 21" E, a distance of 129.82 feet to an iron pin; thence N 48° 23' 00" E, a distance of 115 .50 to an iron pin; thence S 48° 26' 21 E, a distance of96.37 feet to an iron pipe; thence S 49° 10' 10" W, a distance ofl 11.01 feet to an iron pipe or pin; thence S 35° 28' 39" W, a distance of95.52 feet to an iron pin; thence S 27° 40' 36" W, a distance of 139.60 to a point; thence S 17° 61' 00" W, a distance of 197.40 feet to an aluminum pipe; thence S 32° 13' 40" E, a distance of 43.61 feet to a point, being the point of beginning.

Parcel V 40 Village Road (Tax Map 105-008)

A certain tract or parcel of land, with any and all buildings, fixtures and improvements thereon, located on Village Road in the Town of Waterville Valley, Grafton County, New Hampshire, and shown as "Proposed Lot l '' on the plan entitled "Waterville Company, Inc., Green Peak A Condominium Phase I, Tax Map 105, Lot 8" dated May 24, 2012, as revised and recorded in the Grafton County Registry of Deeds as Plan #14311. Proposed Lot 1, as shown on the plan, is more particularly bounded and described as follows:

Beginning at a point at an iron pipe or re bar found at the intersection ofV alley Road and Village Road, being the easterly most comer of the within described premises;

thence S 26° 44' 46" W, a distance of 233.95 feetto an iron pipe or rebar found;

thence along an arc of a curve having a radius of 590.00, a length of 154.22, a delta of 14° 58' 36" to an iron pipe or rebar found; thence S 11° 46' 10" W, a distance of

170.76 feet to an iron pipe or rebar found; thence along an arc of a curve having a radius of 575.00 feet, a length of 215.51 feet and a delta of 21° 28' 26" to an iron

PAGE 6 of'S BK: 4446 PG: 589 pipe orrebar found; thence S 33° 14' 36" W, a distance of 69.32 feet to an iron pipe or re bar found; thence along an arc of a curve having a radius of225.00 feet, a length of 199.99 feet and a delta of 50° 55' 36" to a point; thence S 84° 10' 12" E, a distance of 41.61 feet to an iron pipe or rebar found; thence along an arc of a curve having a radius of385.00 feet, a length of145.29 feet and adeltaof21° 37' 21"to an iron pipe or rebar found; thence N 74° 12' 27" W, a distance of 94.36 feet to an iron pin or rebar found; thence along an arc of a curve having a radius of 25.00 feet, a length of36.51 feet and a delta of 83° 40' 46" to an iron pipe; thence along an arc of a curve having a radius of 101.00 feet, a length of 34.38 feet, and a delta of 19° 30' 15' to an iron pipe or re bar found; thence along an arc of a curve having a radius of 75.00, a length of 60.19 and a delta of 45° 58' 54" to an iron pipe or rebar found;

thence N 49° 14' 56" W, a distance of 41.22 feet to an iron pipe or re bar found;

thence N 49° 14' 56" W, a distance of 94.72 feet to an iron pipe or rebar found;

thence N 53° 31' 21" W, a distance of 67.98 feet to an iron pipe or rebar found;

thence N 25° 43' 48" W, a distance of 51.55 feet to an iron pipe or rebar found;

thence N 11° 05' 38" W, a distance of 271.23 feet to an iron pipe or rebar found;

thence N 25° 18' 18" W, a distance of 168.01 feet to an iron rod or rebar found;

thence S 63° 34' 59" W, a distance of 150.47 feet to an iron rod or rebar found;

the11ce along an arc of a curve having a radius of245.00 feet, a length of 244.57 feet and a delta of 57° 11' 42" to an iron pipe or reba.r found; thence along an arc of a curve having a radius of570.00 feet, a length of242.78 and a deltaof24° 24' 16" to an iron pipe or rebar found; thence N 79° 01' 33" W, a distance of 65.35 feet to a 5/8" rebar set; thence S 22° 09' 19" E, a distance of 155.10 feet to a 5/8 rebar set;

thence N 77° 0 l' 50" E, a distance of 145 .27 feet to a 5/8 re bar set; thence N 22° 09' 19" W, a distance of 150.61 feet to a 5/8 rebar set; thence along an arc of a curve having a radius ofl,240.00 feet, a length of71.33 feet and a delta of3° 17' 46" to an iron pipe or rebar found; thence N 73° 52' 49" W, a distance of 64.01 feet to an iron pipe or rebar found; thence along an arc of a curve having a radius of 444.46 feet, a length of 391.47 and a delta of 50° 27' 55" to an iron rod or rebar found; thence S 55° 39' 16" E, a distance of 53.69 feet to an iron rod or rebarfound; thence S 55° 39' 16'' E, a distance of 147.04 feet to an iron rod or rebar f0tmd, being the point of beginning.

PAGE 7 ofS BK: 4446 PG: 590

Parcel VI 9 Valley Road (Tax Map 108-001)

A certain tract or parcel of land, with any and all buildings, fixtures and improvements thereon, located on Valley Road in the Town of Waterville Valley, Grafton County, New Hampshire, shown on the plan entitled "Site Plan, Waterville Valley Realty Real Estate Sales Center", dated May 1983, as revised and recorded in the Grafton County Registry of Deeds as Plan #1896, and more particularly bounded and described as follows:

Beginning at a concrete bound at the comer of Route 49 a/k/a Mad River Road and Tecumseh Road on the southerly side of Tecumseh Road; thence mnning parallel to Route 49 (Mad River Road) South 39° 10' 33" W, a distance of 226.04 feet to a concrete bound; thence turning and runningN 49° 40' 20'' W, a distance of99.88 feet to a concrete bound; thence turning and running N 38° 59' 25" E, a distance of

226.14 feet to a concrete bound; thence turning and mnning parallel to Tecumseh Road, S 49° 39' 20" E, a distance of 100.64 feet to the point of beginning.

Parcel VII 7 Clearwater Lane (Tax Map 107-003)

A certain tract or parcel of land, with any and all buildings, fixtures and improvements thereon, located on Tripoli Road in the Town of Waterville Valley, Grafton County, New Hampshire, and shown as "Tax Map 107 Lot 3" on the plan entitled "A Lot Line Adjustment Plan between lands of Waterville Company, Inc. and Town of Waterville Valley, Tax Map 107 Lot 3 & 4, Tripoli Road, Waterville Valley, NH", dated June 2014, as revised and recorded in the Grafton County Registry of Deeds as Plan#l4975. Tax Map 107 Lot 3, as shown on the plan, is more particularly bounded and described as follows:

Beginning at a rebar set on the easterly side of Tripoli Road, being the southerly most comer of the within described premises; thence along an arc of a curve have a radius of 970.00 feet, a length of 156.11 feet and a delta of 009° 13' 15" to an iron pipe or rebar found; thence N 41° 47' 50" W, a distance of 231.82 feet to an iron pipe or rebar found; thence along a survey tie line, N 53°13' 49" E, a distance of340.35 feet to a point; thence S 07° 12' 16" E, a distance of70.48 feet to a concrete monument found; thence S 21° 58' 20" E, a distance of 285.91 feet to a re bar set; thence S 39° 04' 42" W, a distance of 191.88 feet to a rebar set, being the point of beginning.

PAGE 8 ot'S BK: 4446 PG: 591

EXHIBITB

Permitted Encumbrances

1. Rights of Waterville Valley Sld Area, Ltd., its successors and assigns, under agreements recorded in the Grafton County Registry of Deeds at Book 2116, Pages 292 and 299 (Parcels I, II, ID, IV, V and VII only).

2. Agreement Creating Easements in Favor of Tovvn of Waterville Valley recorded in the Grafton County Registry of Deeds at Book 3791 Page 73 (Parcels I and V only).

3. Rights, easements and reservations in deed to Waterville Valley Sld Area, Ltd. recorded in the Grafton County Registry of Deeds at Book 2116, Page 310, as affected by affidavit recorded in the Grafton County Registry of Deeds at Book 3355, Page 955 (Parcel IV only).

4. Easements, covenants, restrictions, reservations and obligations in Declaration of Covenants for Cascade Ridge, recorded in the Grafton County Registry of Deeds at Book 2696, Page 265 (Parcel IV only).

5. Terms and provisions ofNHDES Wetlands Petmit recorded in the Grafton County Registry of Deeds at Book 2701, Page 184 (as amended at Book 2780, Page 481) (Parcel IV only).

6. Rights of the public and others (including, without limitation, the Cascade Ridge Homeowners Association and other owners within the Cascade Ridge Subdivision) in and to Beanbender Road, Cascade Ridge Road, Boulder Path Road, and Cascade Ridge Homeowners Association Common Area, as described in the deed recotded in the Grafton County Registry of Deeds at Book 2958, Page 216, as affected by c01rective deed at Book 4310, Page 197, and in the deed recorded in the Grafton County Registry of Deeds at Book 3833, Page 61 (Parcel IV only).

7. Rights and easements to Laurand International, Ltd. set forth in instrument recorded in the Grafton County Registry of Deeds at Book 2154, Page 163, as amended at Book 3119, Page 932, as affected by Affidavit of Waterville Company, Inc. recorded herewith (Parcel VII only).

8. Terms and provisions of NHDES Septic System Approval recorded in the Grafton County Registry of Deeds at Book 2206, Page 628 (Parcel VII only).

9. Agreement between Waterville Company, Inc. and Town of Waterville Valley recorded in the Grafton County Registry of Deeds at Book 4171, Page 343 (Parcel VII only).

4830·3245-8136, V. 3

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