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Home My WebLink AboutLegal Document - 1060 OSGOOD STREET 9/24/2004 LAW OFFICE OF MARK B. JOHNSON RECEIVED 12 Chestnut Street S E P 2 8 2004 Andover,Massachusetts 01810-3706 Community Development (978)475-4488 and Services Telecopier: (978)475-6703 Para MARK B. JOHNSON (MA,NH,DC) KATHRYN M. MORIN DONALD F. BORENSTEIN (MA,ME) LIANNE CRISTALDI MICHELE C. JONIKAS JAMES BONFANTI (MA) KATHLEEN H. HARBER MARK A. MEROLLI (MA,IL) KAREN P. EHRAMJIAN JOHN G. LAMB (MA) DAWN M. WALKER BRANDI D.L. HURD September 24, 2004 Heidi Griffin Director of Community Development Town of North Andover 120 Main Street North Andover, MA 01845 Re: Rezoning— 1060 Osgood St.,North Andover, MA Dear Heidi: Enclosed you will find a photo-copy of Declaration of Restrictive Covenants, Conditions and Restrictions, which has been recorded at the Essex North District Registry of Deeds on this date. Should you have any questions, please feel free to contact me. Very truly yours, Mar . Johnson MBJ—klb Enclosure F:Wew-Docsltiam realty,IIc104.132 no.andover warrant article restiictionlgrillin-IV 9-24-04.doc DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS 1. This Declaration of Protective Covenants, Conditions and Restrictions ("Declaration") by TIAM Realty, LLC (the "Declarant"), of 7 Ridge Hill Way, Andover, MA 01810, owner of the property at 1060 Osgood Street, North Andover, Massachusetts more particularly described in a deed recorded at the Essex North District Registry of Deeds at Book 8211, Page 178 (the "Locus") for the benefit of the Town of North Andover ("Town"), in consideration of Town Meeting approving the rezoning of the Locus from a I2 zoning district to a B2 zoning district and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. 2. The Declarant wishes to impose certain restrictions on the uses which will be pern3j d on the Locus so that such restrictions will be a burden on and bind and run with the Locus. , 3. The Declarant, on behalf of itself, its successors, assignees, designees, nominees5,,-dd J= successors in right, title and interest to the Locus, hereby covenants and agrees with the plan > and its successors, that for a period of 99 years from and after the date of recording oQ41s Declaration, the Locus shall be subject to the following Protective Covenants, Conditions Restrictions: a' (a) Notwithstanding that an automobile service is an allowed use in the B2 zoning district, the locus shall not be used for an automobile service station; cm (b) Notwithstanding that parking/indoor storage is an allowed use in the B2 zoning district, the Locus shall not be used for an indoor parking facility or = indoor storage facility except as allowed as an accessory use to some other . permitted use, provided that said accessory use shall not be noxious, offensive or injurious to the neighbors. (c) Notwithstanding that a public parking garage is an allowed use in the B2 zoning district, the locus shall not be used for a public parking garage; (d) Notwithstanding that a taxi depot is an allowed use in the B2 zoning district, the locus shall not be used for a taxi depot. 4. Simultaneous with the execution of this Agreement, the Declarant will cause any and all mortgagees holding an interest in the Locus to subordinate such interests to this Restriction. All future conveyances or mortgages of an interest in Locus shall specifically make reference to this Agreement and Covenant. 5. This Restriction may be enforced in whole or in part any number of times by the Town without exhausting the rights of the Town and no waiver or omission by the Town on any particular occasion shall act as a waiver or release of any of the Town's rights hereunder. 6. The restrictions and limitations provided for herein may be extended in accordance with the provisions of M.G.L. Chapter 284, §27 and 29, or the comparable provisions of subsequently acted law. The Declarant agrees, on its behalf and on Behalf of its successors, assignees, designees, nominees and successors in right, title or interest to the Locus, to co-operate in recording this Declaration and executing and recording any notices of extension of the covenants, conditions and restrictions herein contained and to assent to the noting of this Declaration any such notices of extension, on any certificates or transfer certificates of title, or any deeds recorded with respect to the Locus at any time. 7. If any portion of this Declaration is deemed to be void or unenforceable for any reason, the remaining portions of this Declaration shall remain in full force and effect, and as fully enforceable, as if this Declaration had been entered into omitting the provisions found to be void or unenforceable. 8. The Declaration is to be governed, construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts. EXECUTED AS A SEALED INSTRUENT this �-� M day of May, 2004. TIAM REALTY LLC By: David Samuels Manager COMMONWEAL TH OF MASSACHUSETTS ESSEX,,vs. May 7 , 2004 On this 7 day of May, 2004, before me, the undersigned Notary Public, personally appeared the above-named David Samuels, Manager of TIAM REALTY LLC, proved to me through satisfactory evidence of identification, which was a Massachusetts Drivers License, 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 Manager of TIAM REALTY LLC. �KB JO '��y ` � / c ENE 3°•�0 9. O ;� Nota6 Pu lic My Commission Expires: ��2O:9�rhOpMpgSP�?•• �, PU6 2 Return: Mark B. Johnson 12 Chestnut Street Andover, MA 01810 File: 00-592.2 (SPACE ABOVE THIS LINE RESERVED FOR REGISTRY OF DEEDS USE) SUBORDINATION OF MORTGAGE Banknorth, NA, with a principal place of business at 370 Main Street, Worcester, MA 01608 holder of a Mortgage from TIAM REALTY LLC to Banknorth,NA, dated September 2, 2003, and recorded at the Essex North District Registry of Deeds in Book 8211, Page 180, for consideration paid, hereby subordinates said Mortgage to the Declaration of Protective n, Covenants, Conditions and Restrictions dated May ��, 2004 and recorded herewith. { FT The premises affected by this instrument are located at 1060 Osgood Street,North ' ' Andover, MA and which is more fully described in a deed recorded at the Essex North Dist rn Registry of Deeds at Book 8211, page 178. ' It is the intent of this instrument that the Declaration of Protective Covenants, ConA ans -C' and Restrictions referenced above, shall be deemed to have priority over the Mortgage ident-LQd D herein. c-)-(1 n-i r-n Signed as a sealed instrument this 7 th day of May , 2004. u cr Banknorth,NA By: Stephen E Anderson COMMONWEALTH OF MASSACHUSETTS ESSEX, ss, cr On this 7 th day of May , 2004 before me,the undersigned notary public,personally appeared Stephen E Anderson of Banknorth,NA, proved to me through satisfactory evidence of identification, which was Drivers TA nG , to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purposes in his capacity as vice President Banknorth NA, and that he had the authority to sign in such capacity, Note Public My commission e NM �monvr� .lftt elf a ch zex A3y Contri ;;:, fit�s 3