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HomeMy WebLinkAboutLegal Document - 1679 OSGOOD STREET 7/24/2013 V� k 13569 P0179 �21684 DECLARATION OF TRUST OF THE SARACUSA WAY HOMEOWNER ASSOCIATION TRUST This Declaration of Trust of the Sarac a Way Homeowner Association Trust(the "Declaration")is made as of the gay of July,2013,by Cranfield Investments,LLC(the "Declarant"),a New Hampshire limited liability company,with an address c/o Green& Company Building and Development Corp., l I Lafayette Road,North Hampton,NH 03862. WHEREAS, the Declarant is the owner of certain land(the",Subdivision")in the Town of North Andover,Essex County,Massachusetts,including nine(9)residential subdivision lots depicted as Lots 16-1 through 16-8 and Lot 31 (each,a"Lot", and collectively,the"Lots"),as well as a subdivision roadway with a cul-de-sac depicted as Saracusa Way("Saracusa Way"),a private unnamed subdivision roadway with a hammerhead turnaround shown bordering on Saracusa Way, Lot 16-5,Lot 31 and Lot 16-6(the"Private Way")on a Definitive Subdivision Plan(the "Subdivision Plan")entitled"Definitive Subdivision Plan,Tax Map 61 Lots 16,34,and Tax Map 31 Lot 4, 1679 Osgood St. &Bradford St.,North Andover,MA",first dated July 14,2010, last revised November 11,2011,prepared for GMZ Realty Trust,Route 125&Bradford Street, North Andover,Massachusetts,prepared by Jones and Beach Engineering,Inc., 85 Portsmouth Ave,PO Box 219,Stratham,NH 03885,recorded herewith;and WHEREAS,the Declarant is creating thereon a residential subdivision, including said Saracusa Way,the Private Way,utility services,drainage facilities,and other related improvements; and i WHEREAS, the Subdivision was approved and the Declarant was granted a Definitive Subdivision Plan by a Decision,dated September 20,2011,issued by the North Andover Planning Board(the"Subdivision Decision"),which Subdivision Decision is recorded herewith in Book ,Page and pursuant to which Subdivision Decision the Declarant has also recorded herewith a that certain Declaration of Restrictions and Easements granted in favor of the Town of North Andover(the"Town Restrictions")at Book ,Page and WHEREAS,the Declarant desires to develop the land depicted on the Subdivision Plan(the "Property")as an attractive and desirable residential subdivision,in a responsible manner,while preserving to the extent reasonably possible the ecological integrity and natural beauty of the Property and enhancing property values therein; and (00069003;0) Bk 13569 Pg180 #21684 WHEREAS,the Declarant wishes to hereinafter establish a homeowner's association trust to be known as the"Saracusa Way Homeowner Association Trust"(the"Trust"or"Homeowner Association') in order to properly maintain,repair,replace and administer various land and improvements in the Subdivision as hereinafter described,including without limitation the Private Way and other improvements,land and/or facilities which may be conveyed to the Trust or made subject to the Homeowner Association's administration pursuant hereto; and WHEREAS,the Declarant further wishes to establish certain easement rights in furtherance of the foregoing as more fully described below and as depicted on the Easement Plat(the "Easement Plan")recorded herewith as part of the Subdivision Plan,and more specifically, sheets A4 and AS of the Subdivision Plan. NOW, THEREFORE,in consideration of the foregoing,the Declarant hereby establishes the Trust and subjects all of the Property,as shown on the said Subdivision Plan,to the terms and provisions hereof,as follows: 1.DECLARATION OF HOMEOWNER ASSOCIATION TRUST A.Name;Legal Form 1. The Trust hereby created shall be known as the"Saracusa Way Homeowner Association Trust",and under that name, so far as legal,convenient and practicable,shall all business carried out by the Trustees be conducted and all instruments in writing by the Trustees be executed. 2. Cranfield Investments,LLC, and its successors and assigns to the extent so designated by it, shall be the Declarant of the Trust,and henceforth shall have and be vested with all of the rights, powers,authority,privileges of the Declarant hereunder. 3.All of the rights and powers conferred upon and exercisable by the Trustees hereunder,and all property,real and personal,tangible and intangible, conveyed to the Trustees hereunder,shall vest in the Trustees as joint tenants with right of survivorship as Trustees of this Trust,in trust,to exercise,manage,administer and dispose of the same,and to receive the income thereof for the benefit of the beneficiaries of the Trust. 4. It is hereby expressly declared that a Trust and not a partnership has been created hereby,and that the beneficiaries hereof are not partners or associates or any other relation whatsoever between themselves with respect to the Trust property,and hold no relation to the Trustees other than as beneficiaries,with only such rights as are conferred upon them as such hereunder. B. Purposes (00069003;v4) Bk 13569 Pg181 #21684 1. The purposes of this Trust include,inter alfa,(a)the maintenance,repair,replacement and administration of the"Common Facilities,"as that term is described hereinafter; (b)to levy and collect assessments from lot owners in order to carry out Trust purposes;and(c)to enforce, under appropriate circumstances the terms and provisions of this Declaration.The Trustees hereunder may,if they deem appropriate or necessary,delegate certain of their powers and duties hereunder to third parties. 2. The"Common Facilities"to be maintained,repaired,replaced and administered by the Trust or by individual Lot owners as shall be further described herein below,shall include,without limitation,the following:the roadway depicted as Saracusa Way on the Subdivision Plan(until such time as it shall be dedicated to and accepted by the Town of North Andover as a public way),the Private Way as it is shown on the Subdivision Plan,the common driveway shown on the Subdivision Plan to be located on and serving Lots 16-7 and 16-8 (the"Common Driveway"), the gravel wetlands located or to be located on Lot 16-1 and 16-2(the"Gravel Wetlands'),the infiltration ponds and sediment forebays located or to be located on Lot 16-3 (the"Infiltration Ponds and Sediment Forbays"), and any and all drainage areas,structures, equipment and facilities located or to be located upon any Easement Areas depicted on the Easement Plan recorded herewith;and any other real or personal property,or any interest therein, conveyed,assigned or transferred to the Trustee in furtherance of the Trust purposes, C. Trustees 1.The original Trustee hereunder shall be the Declarant. Until such time as all nine(9)lots in the Subdivision have been conveyed and/or occupied by individual homeowners,or such earlier time as the Declarant's rights hereunder are surrendered in writing by the Declarant,the Trustee(s) hereunder shall be appointed(and, if appropriate,removed) solely by the Declarant,its successors and assigns. Thereafter,the Board of Trustees shall be comprised of up to three(3) members,to be elected on an annual basis by the owners of the Lots in the Subdivision. 2. The persons so appointed or elected as Trustees shall be and become such Trustees and shall be vested with the powers of the Trustees and titles to the Trust property,jointly and with remaining or surviving Trustees,without the necessity of any active transfer-or conveyance.Any such appointment or election shall be evidenced by the recording of a certificate to that effect with the Registry of Deeds. 3.If for any reason any vacancy in the office of Trustee shall occur, a replacement Trustee may be appointed by the remaining Trustee(s),or by the Declarant(if the Declarant still holds the authority to appoint Trustees)as provided above. Despite any vacancy in the office of Trustee, the remaining or surviving Trustee or Trustees shall continue to exercise and discharge all of the powers, discretions and duties hereby conferred or imposed upon the Trustees. 4. The following provisions shall be applicable to Trustees hereunder: t00069403;v41 Bk 13569 Pg182 #21684 (a)Any Trustee may resign at any time by instrument in writing,signed and acknowledged in the manner required in Massachusetts for the acknowledgment of deeds,and such resignation shall take effect upon the recording of such instrument with the Registry of Deeds. (b)No Trustee appointed as hereinbefore provided,whether as original Trustee or as successor to or as substitute for another, shall be obliged to give any bond or surety or other security for the performance of any of his duties hereunder,provided,however,that the Board may at any time by instrument in writing signed by them and delivered to the Trustee or Trustees affected require that any one or more of the Trustees shall give bond in such amount and with such sureties as shall be specified in such instrument.All expenses incident to any such bond shall be charged as an expense of the Trust heieunder. (c)No Trustee appointed or elected as hereinbefore provided shall under any circumstances or in any event be held liable or accountable out of his personal assets or be deprived of compensation by reason of any action taken,suffered or omitted in good faith or be so liable or accountable for more money or other property than he actually receives, or for allowing one or more of the other Trustees to have possession of the Trust books or property,or be so liable, accountable or deprived by reason of honest errors of judgment or mistakes of fact or law by reason of the existence of any personal or adverse interest or by reason of anything except his own personal and willful malfeasance. J (d)The Trustees and each of them shall be entitled to indemnity both out of the Trust property and by the owner(s)of the lands subject to this Declaration,against any liability incurred by them or any of them in the execution hereof,including without limiting the generality of the foregoing,liabilities in contract and in tort and liabilities for damages,penalties and fines. (e)In any matters relating to the administration of the Trust hereunder and the exercise of the powers hereby conferred: (a)each of the Trustees shall have one vote; and(b)the Trustees may act by a majority vote at any duly called meeting at which a quorum is present as provided below.The Trustees may also act without a meeting by instrument signed by all of the Trustees. D. Beneficial Interest and Beneficiaries Subject in all cases to the Trustee-appointment provisions set forth above,the beneficial interest I hereunder shall consist of one equal beneficial share for each of the nine(9)Lots on the Subdivision Plan which have been made subject to this Declaration. E. Powers,Duties and Functions of Board of Trustees The powers,functions and duties of the Board of Trustees shall include, but shall not be limited to,the following: (00069003;v4) Bk 13569 Pg183 #21684 1.To maintain,operate,repair,improve,replace as necessary, insure and otherwise to deal with and manage the Common Facilities. 2. To take all actions with respect to governmental entities,or officials,boards or agencies thereof,and with respect to utility companies,which may be necessary or appropriate in relation to any of the Common Facilities,including; (1)the granting,modification or release of utility easements,and(2)the taking of all such action as may be necessary or appropriate to establish and maintain compliance with applicable order,permits,laws and governmental regulations; and the powers and functions described in this paragraph 2 shall be exercised and perfor7Tred exclusively by the Trustees hereunder,or by the designated Lot owners with respect to certain limited common areas or facilities as may be further described herein below. 3. In connection with the Trust property and with the foregoing, but only consistently with and in furtherance of the foregoing purposes hereof,(i)to retain the Trust property,or any part or parts thereof, in the same form or forms of investment in which received or acquired by them so far and so long as they shalt think fit,without liability for any loss resulting therefrom,(ii)to sell, assign,convey,transfer, exchange,and otherwise deal with or dispose of,the Trust property,or any part or parts thereof,free and discharged of any and all Trusts,at public or private sale,to any person or persons,for cash or on credit, and in such manner,on such terms and for such considerations and subject to such restrictions, stipulations,agreements and reservations as they shall deem proper,including the power to take back mortgages to secure the whole or any part of the purchase price of any of the Trust property sold or transferred by them,and to execute and deliver any deed or instrument in connection with the foregoing, (iii)to purchase or otherwise acquire title to,and to rent,lease or hire from others for terms which may extend beyond the termination of this Trust any property or rights to property,real or personal,and to own,manage, use and hold such property and such rights, (iv)to borrow or in any other manner raise such sum or sums of money or other property as they shall deem advisable in any manner and on any terms, and to evidence the same by notes,bonds,securities or other evidence of indebtedness, which may mature at a time or times,even beyond the possible duration of this Trust,and to execute and deliver any mortgage,pledge,or instrument to secure any such borrowing,provided however,that no Lot shall be mortgaged,pledged or encumbered and no individual Lot owner shall be liable for any such indebtedness unless the Lot owner shall consent thereto in writing and join in and execute such note, bond,security,mortgage,pledge or instrument, (v)to enter into any arrangement for the use or occupation of the Trust property,or any part or parts thereof, including,without thereby limiting the generality of the foregoing,leases,subleases,easements, license,or concessions,upon such terms and conditions and with such stipulations and agreements as they shall deem desirable,even if the same extend beyond the possible duration of this Trust,(vi)to invest and reinvest the Trust property,or any part or parts thereof and from time to time and as often as they shall see fit to change,investments,including power to invest in all types of securities and other property,of whatsoever nature and however denominated,all to such extent as to them shall seem proper,and without liability for loss,even though such property or such investments shall be of a character or in an amount not customarily considered proper for the investment of trust funds or which does or may not produce income, (vii)to obtain and maintain such casualty and liability insurance on and with respect to the Trust property as they shall deem necessary or proper,(viii)to incur such liabilities,obligations and expenses, and (00069003;v4) Bk 13569 Pg184 #21684 to pay from the principal or the income of the Trust property in their hands all such sums,as they shall deem necessary or proper for the furtherance of the proposes of the Trust,(ix)to determine as to all sums of money and other things of value received by them,whether and to what extent the same shall be deemed to be and shall be accounted for as principal or as income,and as to all charges or expenses,whether and to what extent the same shall be charged against principal or against income,including, without hereby limiting the generality of the foregoing,power to apportion any receipt or expense between principal and income,and power to determine what portion,if any,of the actual income received upon any asset purchased or acquired at a premium or any investment shall be added to principal to prevent a diminution thereof upon the maturity or exhaustion of such asset or investment, (x)to vote in such manner as they shall think fit any or all shares in any corporation or trust which shall be comprised in the Trust property,and for that purpose to give proxies, to any person or persons or to one or more of their number,to vote, waive any notice or otherwise act in respect of any such shares, (xi)to guarantee performance of the obligations of others in any cases where they shall deem that it is to the advantage of this Trust that they give such guaranty,(xii)to maintain such offices and other places of business as they shall deem necessary or proper to engage in business in Massachusetts or elsewhere, (xiii) to provide and contract for maintenance,repair,cleaning and other services to owners of Lots, or relating to the Common Facilities,and(xiv)to employ,appoint and remove such agents, managers,officers, brokers,employees,servants,assistants and counsel(which counsel may be a firm of which one or more of the Trustees are members)as they shall deem proper,for the purchase, sale or management of the Trust property,or any part or parts thereof, or for conducting the business of the Trust and may define their respective duties and fix and pay their compensation, and the Trustees shall not be answerable for the acts and defaults of any such person;and the Trustees may delegate to any such agent,manager,officer,board,broker, employee,servant,assistant or counsel any or all of their powers(including discretionary powers,except that the power to join in amending,altering,adding to,terminating or changing Hs Declaration of Trust and the Trust hereby created shall not be delegated)all for such times and purposes as they shall deem proper. F. Assessments and Charges 1. Prior to December 1 of each year,the Trustees shall estimate the expenses expected to be incurred during such next calendar year,if any,together with a reasonable provision for the contingencies and reserves,if any, and after taking into account any undistributed or unexpected funds from the prior year,for the performance and fulfillment of all of the duties,functions and activities of the Trustees which,as determined by said Trustees in their reasonable discretion,are for the general benefit of all of the owners and occupants. 2.Each such common budget relating to general Common Facilities to the benefit of all Lots, such as Saracusa Way(until such time as it is accepted by the Town as a public way)and Gravel Wetlands and infiltration Ponds and Sediment Forbays(regardless of their location on a single Lot)shall be divided into the same number of shares as there are Lots subject to this Trust,one for each such lot.Notwithstanding the foregoing,in the event that the Trustee(s) deem it prudent or necessary to expend funds for purpose(s)which are of benefit to,or necessitated by one or more(but not all)of the Lots or to the extent that the individual Lot owners responsible for (00064003;v4) Bk 13569 Pg185 #21684 maintenance of a limited common area hereunder serving and benefitting more than one Lot but less than all Lots,such as with the Private Way or the Common Driveway,the Trustees)or responsible Lot owners as hereinafter provided may assess such costs or expenses only to that or those applicable or specifically benefitted Lot(s)or Lot owners. 3. Statements rendered by the Trustees hereunder to owners of Lots pursuant to provisions of the foregoing shall be due and payable within thirty days after the same are rendered,provided that if the Trustees or responsible Lot owners as hereinafter provided so elect,the same inay be paid in monthly or other installments specified by the Trustees. In the event that the Trustees shall determine during any fiscal year that the common budget so established is less that the expenses actually incurred(including reserves),or in the reasonable opinion of the Trustees likely to be incurred,the Board of Trustees or responsible Lot owners as the case may be shall make a supplemental assessment or assessments and render statement therefor in the manner aforesaid, and such statements shall be payable and take effect as aforesaid.The amount of each such statement,if not paid when due,shall remain the ongoing obligation of the Lot owner,shall constitute an ongoing lien on the Lot until paid as provided below,and shall be subject to late charge of 5%of the overdue amount and bear interest at the rate of one(1)percent per month until paid. 4. With respect to any special functions or activities performed for or on behalf of any particular Lot(s),the Trustees or responsible Lot owners shall,before undertaking or commencing the same, (a)make determinations, in the reasonable discretion of the Trustees,of(i)the estimated initial costs and,if applicable,the continuing costs,of such facilities,functions or activities, and (ii)the particular Lot(s)to whom or which such costs are to be assessed, and the proportions of such assessments among them if more than one,and(iii) the user charges, if any,which are to be established for the use or benefit from such facilities,functions or activities,and(b)submit such determinations in writing in reasonable detail to the owners involved in the particular facility, function or activity,and(e)make such arrangements as the Board of Trustees in its reasonable discretion deem appropriate for the payment and/or financing of all such costs and charges. 5.The Trustees shall have a lien against the Lot in question for all amounts properly and reasonably assessed to the Lot owner,or otherwise owed by the Lot owner to the Trustees hereunder,until paid in full. Such lien shall have priority over all other liens except for(a)real estate taxes and other municipal liens,and(b) a first mortgage on the Lot in question which was recorded prior to the time when the assessment or charge was first levied.Such lien may be foreclosed by the Trustees in like manner as a condominium assessment lien under M.G.L. Chapters 1.83A and 254.Upon reasonable advance written request,any owner or mortgagee of any Lot may obtain a written statement from the Trustees,in recordable form,setting forth any amounts owed by the Lot owner to the Trustees hereunder. G. Rules,Regulations,Restrictions and Requirements The Trustees may at any time and from time to time adopt,amend and rescind administrative rules and regulations governing the details of the operation and use of the areas and facilities (00069003;0) Bk 13569 Pg186 #21684 with respect to which the Trustees have jurisdiction hereunder. H.Meetings;Notices 1, The Trustees(if more than one)shall meet at least annually,and at such meeting may elect the Chairman,Treasurer and Secretary hereinbefore provided for other meetings may be called by the Chairman and in such other manner as the Trustees may establish,provided,however,that written notice of each meeting stating the place,day and hour thereof shall be given at least seven days before such meeting to each member of the Trustees.Trustees holding at least one- half of the voting power hereunder shall constitute a quorum at all meetings, and such meetings shall be conducted in accordance with such rules as the Trustees may adopt. 2. The Lot owners shall meet at least annually.At each annual meeting a Board of Trustees comprised of three members shall be elected,with each Lot owner being entitled to one(1)vote for each Lot owned. Special meetings may also be called by the Board of Trustees when they deem prudent or necessary, and such special meeting(s)shall be so called by the Board of Trustees upon the written request of owners of 33%or more of the lots.Attendance of owners(in person or by proxy)representing more than 50%of the Lots shall constitute a quorum at any annual or special meeting of Lot owners. 3.Every notice to any Lot owner or Trustee required under the provisions hereof,or which may be deemed by the Trustees necessary or desirable in connection with the execution of Trust created hereby or which may be ordered in any judicial proceeding,shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the Trustees by mailing it,postage prepaid, and addressed to the lot owner or Trustee at the address as it appears upon the records of the Trustees, at least seven days prior to the date fixed for the happening of the matter,thing or event of which such notice is given. 1.Miscellaneous Provisions 1. Books,accounts and records of the Trustees shall be open to inspection to any one or more of the Trustees or Lot owners. 2. Checks,notes,drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustees or of the Trust may be signed by any Trustees, or by any person or persons,to whom such power may at any time or from time to time be delegated by not less than a majority of the Trustees. 3.The fiscal year of the Trust shall be the year ending with the last day of December or such other date as may from time to time be determined by the Trustees. 4.The titles and hearings of different parts hereof are inserted only for the convenience of reference and are not to be taken to be any part hereof or to control or affect the meaning, (00069003,0) Bk 1.3569 Pg187 #21684 construction, interpretation or effect hereof All provisions herein contained shall take effect and be construed according to the laws of the Commonwealth of Massachusetts. J.Rights and Obligations of Third Parties with the Trustees 1.No purchaser,mortgagee,lender or other person dealing with the Trustees as they then appear of record in said Registry of Deeds shall be bound to ascertain or inquire further as to the persons who are then Trustees hereunder or be affected with any notice,implied,or actual,otherwise than by a certificate thereof,and such record or certificate shall be conclusive evidence of the personnel of said Trustees and of any changes therein. 2.No recourse shall at any time be had under or upon any note,bond,contract order,instrument, certificate undertaking, obligation,covenant,or agreement,whether oral or written made,issued, or executed by the Trustees or by any agent or employee of the Trustees,or by reason of anything done or omitted to be done by or on behalf of them or any of them,against the Trustees individually,or against any such agent or employee or against any beneficiary either directly or indirectly,by legal or equitable proceeding,or by virtue of any suit or otherwise,and all persons extending credit to,contracting with or having any claim against the Trustees,shall look only to the Trust property for payment under such contract or claim,or for the payment of any debt, damage,judgnnent or decree,or of any money that may otherwise become due or payable to them fiom the Trustees, so that neither the Trustees nor the beneficiaries,present or future, shall be personally liable therefor. 3. Every note,bond, contract,order,instrument,certificate,undertaking,obligation,covenant or agreement,whether written or oral,made issued or executed by the Trustees,or by any agent or employee of the Trustees,shall be deemed to have been entered into subject to the terms, conditions,provisions and restrictions hereof,whether or not express reference shall have been made to this instrument. 4. This Declaration of Trust and any amendments hereto or any certificate or paper signed by said Trustees or any of them which it may be deemed desirable to record shall be recorded with the Registry of Deeds and such record shall be deemed conclusive evidence of the contents and effectiveness thereof according to the tenor thereof; and all persons dealing in any manner whatsoever with the Trustees,the Trust property of any alternation or amendment of this Declaration of Trust,or change of Trust or Trustees, when the same shall be recorded with said Registry. Any certificate signed by the Trustees in office at the time,setting for as facts any matters affecting the Trust, including statements as to who are the beneficiaries,as to what action has been taken by the beneficiaries and as to matters determining the authority of the Trustees to do any act,when duly acknowledged and recorded with said Registry shall be conclusive evidence as to the existence of such alleged facts in favor of all third persons,including the Trustees, acting in reliance thereon. Any certificate executed by any Trustee hereunder,or by a majority of the Trustees hereunder setting forth the existence of any facts,the existence of which is necessary to authorize the execution of any instrument or the taking of any action by such Trustees or majority,as the case may be,shall,as to all persons acting in good faith in reliance (00069003;v4) Bk 13569 Pg188 #21684 thereon,be conclusive evidence of the truth of the statements made in such certificate and of the existence of the facts therein set forth. HI COMMON SCHEME DECLARATION OF EASEMENTS,COVENANTS AND RES'T'RICTIONS i A.Easements The Declarant hereby establishes,declares and grants the following easements,subject to the terms and provisions hereof: 1. To the Board of Trustees:The right and easement to enter upon,maintain,repair,replace and administer,as necessary,any of the Common Facilities,whether located upon land owned by the Trust or upon land owned by an individual lot owner; and the right and easement to enter upon any lot,upon reasonable advance notice to the lot owner,in order to inspect same and/or cant' out any act or function thereon as deemed prudent or necessary by the Trustees in furtherance of the purposes,terms andlor provisions of this Declaration. 2. To the Lot Owners: (a)The right and easement to use Saracusa Way for ingress, egress,utility services and any other purposes for which streets and ways are commonly used in the Town of North Andover,provided that the fee ownership of Saracusa Way shall be retained by the Declarant,until such time as the said roadway shall be dedicated to and accepted by the Town of North Andover as a public way;and(b)the mutual right and easement for reasonable surface water drainage through stormwater drainage structures that are included within the right of way in the Subdivision,in accordance with the terms and provisions of this Declaration,and until such stormwater drainage structures may be accepted by the Town; and (c)The perpetual right and easement to maintain the Gravel Wetlands and the Infiltration fonds and Sediment Forhays, which will remain private in perpetuity to be maintained by the Homeowner Association and which Gravel Wetlands and Infiltration fonds and Sediment Forbays will not be maintained by the Town of North Andover.Until such time as Saracusa Way shall be accepted by the Town of North Andover,the Declarant and the Lot owners shall be solely responsible for the maintenance of Saracusa Way,including but not limited to snow removal,pavement repair and replacement. With respect to any drainage easement areas on individual Lots as shown on the Subdivision Plan,including on Lot 16-1, 16-2, 16-3 and 16-4, which are not located within the bounds of Saracusa Way, such drainage areas shall be granted and conveyed by easement to the Town of North Andover,such easement granting to the Town the right to access, but not the obligation to maintain,such areas at the sole discretion of the Town of North Andover, 3. To the Owners of Lot 16-5,31 and 16-6:The perpetual right and easement to use the Private Way for ingress,egress,utility services and any other purposes for which streets and ways are commonly used in the Town of North Andover,it being specifically acknowledged and agreed, that the Private Way is not intended to be dedicated to or accepted by the Town of North Andover as a public way but shall always remain as a private roadway. The Owners of Lot 16-5, 31 and 16-6,shall be solely responsible for the maintenance of the Private Way, including but {00069003;0} Bk 13569 Pg189 #21684 not limited to snow removal,pavement repair and replacement,at the sole cost and expense of the owners of Lot 15-5, 31 and 16-6,to be.shared and allocated one-third to each such Lot owner. 4.To the Owners of Lot 16-7 and 16-8:The perpetual right and easement to use the Common Driveway for ingress,egress,utility services and any other purposes for which streets and ways are commonly used in the Town of North Andover,it being specifically acknowledged and agreed,that the Common Driveway is not intended to be dedicated to or accepted by the Town of North Andover as a public way but shall always remain as a private driveway.The Owners of Lot 16-7 and 16-8,shall be solely responsible for the maintenance of the Common Driveway, including but not limited to snow removal,pavement repair and replacement,at the sole cost and expense of the owners of Lot 16-7 and 16-8,to be shared and allocated one-half to each such Lot owner. 5. The easement rights granted above are granted upon the express conditions that the parties availing themselves of such easements shall: (i)do so in strict conformity with all laws,codes, orders and regulations;and(ii)fully and promptly restore any easement areas in question upon the completion of any work thereon. 6.As the Lots in the subdivision are graded and landscaped the Declarant shall retain an easement to perform regrading as it determines to be necessary to create transitions between Lots and to allow for water flow and run off between the Lots,including but not limited to swales and underground drainage,if necessary. Furthermore,the Declarant reserves the right to relandscape any areas that may have been previously landscaped,prior to completion of the Subdivision,in order to achieve proper drainage and water run off. This provision shall survive the transfer of title from the Declarant to each Lot owner and continue in effect until completion of the Subdivision by the Declarant. It shall be the responsibility of the Declarant to regrade, reloam,and reseed any areas disturbed pursuant to the foregoing provision. B. Covenants Each lot owner, by acceptance and recording of a deed to any lot in the Subdivision,shall be deemed to have agreed to comply with the following covenants: 1.Each lot owner, as well as any party claiming through them,shall comply with any and all terms and provisions of this Declaration,including without limitation the covenant hereby established to promptly pay any and all assessments levied by the Trustees pursuant to the terms hereof 2. Commencing upon initial occupancy of any home constructed on any lot in the Subdivision, the individual homeowner shall carry out the following ongoing obligations: (00069003;v4) Bk 13569 Pg190 #21684 (a)All bio-retention areas(rain gardens),infiltration basins,grassed swales and drainage channels that are located on individual Lots shall be maintained in perpetuity by individual Lot owners in the Subdivision, at each homeowner's sole cost and expense. (b)Any home located on a lot in the Subdivision shall be equipped with a functional automatic fire-suppression sprinkler system, to be inspected and approved by the Town of North Andover Fire Department. In the event that any lot owner does not comply with the foregoing covenants,and such failure or refusal is not cured within 15 days after written notice of same,the Trustees may carry out the necessary measure or function, and the costs thereof shall be assessed to the non-compliant owner. C.Restrictions 1.None of the lots subject to this Declaration shall be used for non-residential purposes; provided,however,that home office use may be allowed,to the extent allowed under any applicable provision of the Town of North Andover Zoning By-Law. 2. There shall be no Rather division or subdivision of any of the Lots within the Subdivision. 3. The wooded areas identified on sheet A4 and A5 of the Subdivision Plan and designated as "Deed Restricted Wooded No Cut Buffer Zone"on the Easement Plan recorded herewith,shall be maintained in perpetuity as a no-cut zone in which no trees shall be removed without the express written approval of both the Board of Trustees and the Town of North Andover Planning Board. i 4. Only one single-family dwelling,together with usual and customary accessory buildings, garages,sheds and/or barn,whether attached or detached,may be constructed on any Lot in the Subdivision.Notwithstanding the foregoing,if and to the extent allowed under applicable provisions of the Town of North Andover Zoning By-Law,a so-called"in-law apartment"may be allowed within an attached portion of any home. 5.No dwelling shall be erected,place or permitted on any lot,until the type,exterior design and location thereof,as indicated on plans, specifications,or other data to be submitted with respect thereto,which have been approved by a written instrument duly recorded with the Essex North District Registry of Deeds executed by the Declarant, or its assignees, evidencing this right of approval by Declarant or its assigns. A complete set of such plans,including all elevations, foundation and site plan showing the location of the dwelling,the garage,the driveway, landscaping and any proposed tree cutting shall be provided to Declarant for review. Total living floor space,excluding garage,cellar,attic,deck,shall not be less than 2000 square feet. Lots shall not be clear-cut,and tree cutting shall be limited to areas necessary for construction of the (OOO69003;v4) Bk 13569 Pg191 #21684 house,garage,leach bed,well, driveway and other reasonable yard area. Areas to be cut should be approved by Declarant. Treeforts,clubhouses and the like are expressly prohibited without prior approval by the Declarant. Landscaping and paved driveways or other surface approved by Declarant shall be completed within one(1)year of commencement of construction. 6. Any exterior sign on any lot in the Subdivision shall be no more than six square feet,showing the name of the owner or occupant and the name or number of the lot.No commercial or advertising signs of any kind shall be erected,placed,permitted or maintained on any Lot or improvement except for a single sign of not more than four square feet advertising a lot or house for sale. This prohibition shall apply to any sign advertising the builder or remodeler of a home. All signs shall be compatible with the environment,and under no circumstances shall projecting signs,neon or brightly-lit or self-Iit signs be permitted on any lot.Notwithstanding the forgoing provisions of this paragraph,the Declarant reserves the right to place signs on the property advertising Lot or home sales and its preferred builders. The number and size of such signs shall be in the Declarant's sole discretion. Specifically a"subdivision"sign on the premises and/or a sign advertising the Declarant's Lender shall remain until removed by the Declarant or its agents. 7.No mobile home,trailer,recreational vehicle or similar temporary or moveable vehicle or structure shall be used for residential purposes on any lot;provided,however,that a trailer or shed may be placed on a lot during active periods of construction thereon,for a period not to exceed nine months; and provided further that mobile homes,trailers or similar recreational vehicles may be permitted to remain on a Iot(but shall not be used for residential purposes)as long as such vehicles are kept in a closed garage or barn.No structure of temporary character, trailer,basement,tent,shack, garage,barn or other building or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently, 8.No noxious,dangerous,unduly noisy,or offensive use or activity shall be carried out on any lot,nor shall any unlawful activity be carried out thereon.Premises shall be maintained to project a neat appearance. 9.No underground fuel storage tanks shall be allowed on any lot.Above-ground fuel storage tanks shall be screened from view,either with vegetation or other attractive screen or barrier,so as not to be visible from Saracusa Way or from a neighboring lot within the Subdivision.No clothes shall be hung or placed outside,so as to be visible from any other lot within the Subdivision.No trash,waste,refuse,tools, garden equipment,or children's play things shall be allowed to accumulate outdoors, so as to give an unsightly appearance.No unregistered and/or inoperable motor vehicle of any type shall be maintained on any lot.No Lot shall be used or maintained as a dumping ground for rubbish.Trash,garbage or other waste shall not be kept except in sanitary containers and said containers should be kept out of sight until collection. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. (00069003;v4) Bk 13569 Pg192 #21684 10.A Lot owner may lease his property for a period of not less than six(6)months and the Lot Owner shall be responsible to ensure compliance with these covenants by the lessee or occupant of a home. 11.No animals,Iivestock,or poultry of any kind shall be raised,bred,or kept on any Lot,except that a reasonable number of household pets shall be allowed provided that they are not kept, bred, or maintained for any commercial purposes. No pet shall create unreasonable noise or create a nuisance or annoyance to neighbors. 12.All fences shall be constructed with finished side facing away from the dwelling, No chain link fencing will be allowed if within public view. However,under no circumstances shall silver or galvanized color chain link fence,posts or parts be approved. No fence shall be constructed between the front plane of any house and the street unless approved by the Trustees. A Lot owner wishing to install any fence shall submit a drawing of such fencing and a sample of materials to be used to the Declarant or Trustees prior to installation. No fence shall be installed without obtaining the Declarant or Trustee's approval. 13,All satellite dishes and installation locations shall require approval by the Declarant or Trustees prior to installation. No satellite dishes in excess of 24"in diameter will be allowed. 14.Owners of vacant Lots,Lots with houses under construction,and Lots with finished homes shall at all times keep and maintain their property in an orderly manner,not permit lawns to become overgrown,and prevent any accumulation of rubbish or debris on the premises.Front and side yards shall be free of unattended lawn chairs,swing sets,playground/fort type structures,swimming pools and the like. Swing sets,playground/fort type structures and swimming pools and the like must be located directly behind the house or totally out of public view and are to be approved by the Declarant or Trustees. 15. The following are prohibited: (a)clotheslines; (b)lawn ornaments; (c)above ground swimming pools;(d)exterior antennas;(e)boats,all terrain vehicles, off road vehicles, snowmobiles,water craft, trailers,motor homes,campers,R.V.vehicles, school buses and all other commercial vehicles unless stored in a garage or outbuilding conforming to these covenants;(f)unregistered or uninspected automobiles or automobiles being repaired,refinished or restored for a period of more than seven(7)days shall be stored in a garage or other enclosed structure. The maintenance of motor vehicles is discouraged. Any waste products,used motor oil, antifreeze,grease or other lubricants may not be disposed of on or upon any part or portion of the subdivision,the open space or the drainage system;and(g)additions or outbuildings or appurtenances unless prior written approval has been obtained from the Trustees. 16.Notwithstanding the foregoing,in the event that strict conformity with the provisions of these restrictions would cause undue hardship or injustice to an individual homeowner,the Board of (00069003;v4) Bk 13569 Pg193 #21684 Trustees shall have the authority to approve(or disapprove,in their sole discretion)a request by that homeowner for a Variance from the terms hereof,provided that other Lot owners are not materially and adversely affected thereby,and provided further that any such noncompliance by the-homeowner in question does not violate the terms or provisions of any law,ordinance,by- law,permit or approval relating to the lot or the Subdivision. D.Miscellaneous Provisions 1.Maintenance of Drainage Facilities by the Board of Trustees. The Trust,acting by and through its Board of Trustees,shall maintain,repair,replace and administer any and all drainage facilities,structures and equipment located on or beneath Saracusa Way or the Private Way,and any Drainage Easement areas as depicted on the Easement Plan recorded herewith.In the case of the drainage facilities and structures located within Saracusa Way, such facilities shall be maintained until such time as said roadway may be accepted by the Town of North Andover as a public way.In the case of all other drainage easement areas, facilities and structures located within the Subdivision, said maintenance obligations of the Homeowner Association shall be ongoing and perpetual. Without limitation to the foregoing,reference is hereby made to the Stormwater Pollution Prevention Plan and the Operations&Maintenance Plan for the Subdivision as referenced in paragraph 7 of the Subdivision Decision,and the Homeowner Association, acting by and through the Board of Trustees,shall be responsible for any and all future or ongoing maintenance obligations thereunder. 2.Reasonable Regulations;Fines. The Board of Trustees is hereby given the power and authority to promulgate reasonable rules,regulations and restrictions,as necessary, in order to more fully carry out their functions and duties and to fulfill the overall purposes of this Declaration. Moreover,in the event that the terms and provisions of this Declaration or any such reasonable rules,regulations and restrictions are violated,the Trustees may levy a fine or series of fines against the lot owner,which fines shall be the personal obligation of the lot owner and a lien against the lot,until paid. Such lien may be enforced by the Trustees in the same manner as a fine levied by a condominium association pursuant to M.G.L. Chapter 183A. 3.Enforcement.Enforcement of the terms and provisions of this Declaration and any further rules,regulations and/or restrictions promulgated pursuant hereto may be at law or in equity, against any person or party violating or attempting to violate same,either to restrain the violation or to recover fines and/or damages.Such enforcement actions may be prosecuted by the Trustees or by any other party owning a lot subject to this Declaration,The failure of any party to enforce any such easement,covenant,restriction herein contained or adopted pursuant hereto shall in no event be deemed a waiver of the right to do so in any instance thereafter,In the event of a successful action to enforce the terms and provisions hereof or any rule,regulation or restriction adopted pursuant hereto,the party successfully seeking enforcement shall be entitled to recover his,her or its reasonable attorney's fees and costs. 4. Severability.The invalidation of any provision of this Declaration by judgment or a court order shall in no way affect any other provision of this Declaration, which shall thereafter remain (00069003;v4) II Bk 13569 Pg194 #21684 in Rill force and effect. 5. Amendment. (a)The Declarant expressly reserves the right to record Special Amendments to this Declaration in order to correct typographical errors,mistakes or omissions which do not materially and adversely affect any rights or obligations established hereby.Upon the sale of all Lots in the Subdivision to third-party homeowners,this right to record Special Amendments shall be deemed transferred to the Board of Trustees. (b)In addition to such Special Amendments described above,this Declaration may also be amended by written instrument executed by the Trustees,provided that the Trustees have first obtained the written consent of 75 percent of the lots subject to this Declaration,which such Amendment shall be thereafter recorded at the Registry of Deeds;provided,however,that(i)as long as the Declarant owns any Lots in the Subdivision,no proposed Amendment which adversely affects the rights of the Declarant shall be of any force or effect unless consented to in writing by the Declarant; (ii)no provision of this Declaration which requires the written consent or approval of the Town of North Andover Planning Board under certain circumstances may be amended to delete or otherwise affect such provision while requiring such consent or approval, unless agreed to in writing by the Town of North Andover Planning Board(meaning and intending,for purposes of clarity,that the provisions of paragraphs 11(a)(1), 11(a)(2),11(a)(3), II(a)(4),11(b)(2),11(c)(2), II(c)(3), and II(d)(1)shall not be amended without approval of the North Andover Planning Board); and(iii)no provision hereof which is intended to directly benefit any particular Lot within the Subdivision may be amended so as to delete or diminish that benefit without the express written consent of the owner of the Lot in question. i 6, Duration. I The provisions hereof shall be deemed to bind any and all owners,mortgagees and occupants of the Property or any portion thereof, and to run with the land.The provisions of this Declaration shall remain in effect for 100 years from the date of recording, and shall thereafter be extended for one or more extension terms of 20 years each by the recording at the Registry of Deeds of an instrument signed by then-owners of 75 percent or more of the lots affected by this Declaration, or as otherwise provided by law.Notwithstanding the foregoing,to the extent this instrument contains restrictive covenants,restrictions,or conditions(hereinafter "restrictions")subject to G.L. c. 184 § § 23,26-30, as said statute may be amended or replaced(the"restriction statute"), the enforceability of such restrictions may be extended,beyond the first thirty(30)years of the Tenn, for further periods of not more than twenty(20)years at a time by owners of record,at the time of recording of the extension,of fifty percent(50%)or more of the restricted area in which the subject lot(s)is/are located.Any such extension shall be recorded within the time,and shall contain such information and include such signatures,as is required by the restriction statute for such extension.The lots comprising the Property,as shown on the Subdivision Plan,constitute the benefited land and the subject parcels)with respect to any and all such restrictions. Any and all restrictions contained in this instrument are for the benefit of the owner of each lot comprising t00069003.Y41 Bk 13569 Pg195 #21684 39.1 S ib►s'si >;;)?A;srizCi �eisr' the Property,as shown on the Sl1b1l1'VIO*M�n and his/her successors in interest in and to such lot,and each such lot shall haVdM9 6&MM ; Ai shall be subject to,such restriction(s).The Homeowner Association shall be entitled to enforce such restrictions against any one or more of the lots comprising the Property.Each owner of a lot shall be entitled to enforce such restrictions against any other lot or lots comprising the Property,to the extent such restriction(s)apply to such other lot or lots. Executed as an instrument under seal thisd,-�y of July,2013. Declarant: Cranfield I estme C By: Na e:Rich W. Cneen Title Mana COMMONWEALTH OF MASSACHUSETTS Essex,ss. On thisk^y of July,2013,before me,the undersigned notary public,personally appeared Richard W. Green, as Manager of Cranfield Investments,LLC,who proved to me through . satisfactory evidence of identification,which was a driver's Iicense,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose, acting in such capacity. R Notary Public My Commission Expires: LISA M.MERRILL,Notary Public My Commission Expires March 24,2015 i {00069003;x4} V) Bk IZ569 Pa I9621685 7-26---2013 & 03 n 51 ct DECLARATION OF RESTRICTIONS AND EASEMENTS THIS DECLARATION OF RESTRICTION(hereinafter the"Declaration")is made this day of July,2013,by Cranfield Investments,LLC,a New Hampshire limited liability company with an address c/o Green&Company Building and Development Corp., I l Lafayette Road,North Hampton,NH 03862(hereinafter the"Declarant"). WITNESSETH WHEREAS,Declarant is the owner of that certain parcel of land,consisting of nine(9) residential subdivision lots depicted as Lots 16-1 through 16-8 and Lot 31 (each,a"Lot", and collectively,the"Lots"),as well as a subdivision roadway with a cul-de-sac depicted as Saracusa Way("Saracusa Way"),a private unnamed subdivision roadway with a hammerhead turnaround shown bordering on Saracusa Way,Lot 16-5, Lot 31 and Lot 16-6(the"Private Way")on a Definitive Subdivision Plan(the"Subdivision Plan")entitled"Definitive Subdivision Plan,Tax Map 61 Lots 16,34,and Tax Map 31 Lot 4, 1679 Osgood St. &Bradford St.,North Andover, MA",first dated July 14,2010,last revised November 11,2011,prepared for GMZ Realty Trust, Route 125 &Bradford Street,North Andover,Massachusetts,prepared by Jones and Beach Engineering, Inc.,85 Portsmouth Ave,PO Box 219, Stratham,NH 03885 (collectively,the "Property"). A copy of the Subdivision Plan is recorded herewith as Plan No. For title reference,see deed recorded herewith at the Essex North District Registry of Deeds in Book ,Page . (collectively,the"Property");and WHEREAS, the Declarant was granted Approval of a Definitive Subdivision Plan by Decision, dated September 20, 2011, issued by the North Andover Planning Board (the "Subdivision Decision'),which Subdivision Decision is recorded herewith in Book ,Page and the Declarant was also granted Common Driveway and Frontage Exception Special Permits by Decision, dated September 20, 2011, issued by the North Andover Planning Board (the "Common Driveway and Frontage Exception Decision"), which Common Driveway and Frontage Exception Decision is recorded herewith in Book Page _ (the Subdivision Decision and Common Driveway and Frontage Exception Decision are collectively referred to herein as the"Decisions"); WHEREAS,Special Conditions 3,4,6 and 10 of the Subdivision Decision and Special Condition 1 of the Common Driveway and Frontage Exception Decision require the Declarant and its successors,acting by and through that certain homeowner association known or to be known as the"Saracusa Way Homeowner Association Trust,"created by Declaration of Trust recorded herewith(the"Homeowner Association"),maintain certain roadways and drainage areas,maintain bio retention areas and swales,maintain a wooded no cut buffer zone,restrict further subdivision of Lots,and maintain common driveway easements,in perpetuity,which obligations,restrictions and requirements are required to be incorporated as a deed restriction on the Property; NOW,THEREFORE,Declarant hereby voluntarily declares and imposes in perpetuity upon the Property the following covenants,conditions and restrictions for the benefit of Declarant,its successors and assigns,and the Town of North Andover,by and through its Planning Board(hereinafter the"Town"),and said Property shall be held,transferred,sold, (0006927ly4) Bk 13569 Pg197 #21685 conveyed,occupied and used subject to the covenants,conditions,and restrictions hereinafter set forth. 1. Prohibited Acts and Uses. The Declarant hereby imposes the following restrictions and easements on the Property: a. The following common facilities on the Property shall be and remain private, in perpetuity, and shall be maintained, repaired, replaced and administered by the Homeowner Association or by individual Lot owners: (i) the Private Way as it is shown on the Subdivision Plan, (ii)the common driveway shown on the Subdivision Plan to be located on and serving Lots 16-7 and 16-8 (the"Common Driveway"),(iii) the gravel wetlands located or to be located on Lot 16-1 and 16-2 (the "Gravel Wetlands"), (iv) the infiltration ponds and sediment forebays located or to be located on Lot 16-3 (the "Infiltration Ponds and Sediment Forebays"), and (v) any and all drainage areas, structures, equipment and facilities (the "Drainage Structures") located or to be located upon Lots 16-1, 16-2, 16-3 and 16-4 and shown as Drainage Easement areas ("Drainage Easements"), as depicted on the Easement Plat (the "Easement Plan')recorded as sheets A4 and A5 of the Subdivision Plan.With respect to any such Drainage Structures and Drainage Easements,the Town is hereby granted and conveyed an easement to such Drainage Structures and over such Drainage Easements as shown on the Easement Plan, for access and egress thereto at the sole discretion of the Town, but the Town shall have no obligation to maintain such Drainage Structures and Drainage Easements, The Owners of Lot 16-5, 31 and 16-6, shall be solely responsible for the maintenance of the Private Way, including but not limited to snow removal, pavement repair and replacement, at the sole cost and expense of the owners of Lot 15-5, 31 and 16-6. The Owners of Lot 16-7 and 16.8, shall be solely responsible for the maintenance of the Common Driveway, including but not limited to snow removal, pavement repair and replacement, at the sole cost and expense of the owners of Lot 16-7 and 16-8. b. The roadway depicted as Saracusa Way on the Subdivision Plan shall remain private until such time as it shall be dedicated to and accepted by the Town of North Andover as a public way. Until such time as Saracusa Way shall be accepted by the Town of North Andover, the Declarant and the Lot owners, acting by and through the Homeowner Association, shall be solely responsible for the maintenance of Saracusa Way,including but not limited to snow removal,pavement repair and replacement. C. All bio-retention areas(rain gardens), infiltration basins,grassed swales and drainage channels that are located on individual Lots as shown on the Subdivision Plan shall be maintained in perpetuity by individual Lot owners, at each homeowner's sole cost and expense. d. The wooded areas identified on sheet A4 and A5 of the Subdivision flan and designated as "Deed Restricted Wooded No Cut Buffer Zone" on the Easement Plan recorded herewith, shall be maintained in perpetuity as a no-cut zone in which no (00069271;%,4) 2 Bk 13569 Pg198 #21685 trees shall be removed without the express written approval of both the Board of Trustees and the Town of North Andover Planning Board. e. There shall be no further division or subdivision of the Property or of any of the Lots shown on the Subdivision Plan. 2. Term-Binding Effect In Pervetuity. This Declaration of Restriction and its provisions herein set forth shall run with the Property in perpetuity from the date of recordation in the Essex North District Registry of Deeds and shall be binding upon Declarant,Declarant's successors and assigns,and any other party having an ownership interest in said Property or claiming to have an interest with respect to said Property as tenants,invitees,licenses or otherwise,and all of the respective heirs,successors,grantees,mortgages,assigns,agents, contractors,subcontractors and employees of the foregoing. This Declaration of Restriction is hereby intended and declared to be in perpetuity and no re-recordation of this Declaration of Restriction under G.L.c.184,ss.23-30 or any other law shall ever be necessary in order to maintain the full legal effect and authority hereof and Declarant and its successors and assigns,including but not limited to all subsequent owners of the Property,hereby waive all their legal right to and shall forego any action u-x law or equity of any kind whatsoever attempting to contest the validity of any provision of this Declaration of Restriction and shall not,in any-enforcement action,raise the invalidity of any provision of this Declaration of Restriction. Notwithstanding the forgoing,g, g obligations the rights and oations contauzed herein shall be enforceable against the current owner of said Property,and therefore,it being understood and agreed that,from and after any conveyance or transfer of all or a portion of the Property covered by this Declaration,only the transferee of said Lot shall be liable for the performance or observance of,and shall have the benefit of,said covenants and agreements herein. 3. Modification or Termination of Restrictions. This Restriction shall not be modified, amended,changed,or terminated or waived without the consent of the Declarant(ox Declarant's successor)and the consent of the Town. The Declarant as well as the Town,may enforce and,if necessary,extend this Declaration in accordance with applicable law. Declarant agrees for itself,and its heirs,successors and assigns to execute and record such notices of restriction as are required to extend this Declaration in perpetuity in accordance with applicable law. The Town is hereby declared to be a benefited party to and a holder of this Declaration and the Declarant hereby appoints the Town as its attorney-in-fact to execute,acknowledge, deliver and record any such notice or instrument on its and/or their behalf,including,but not limited to any notice or instrument which may at any time be necessary to maintain this Restriction in effect in perpetuity.Without limiting the forgoing,the Declarant and its successors and assigns agree to execute any such notices and instruments upon request of the Town. 4. Enforceability. The Town shall have the authority and right to enforce this Declaration of Restriction.The Town shall have the right to bring proceedings at law or equity against any party or parties violating or attempting to violate the terms of this Declaration to enjoin them from so doing and to cause any such violation to be remedied,after providing written notice to such party or parties and the Town shall recover its attorneys fees and costs in any action of (00069271;x4) 3 Bk 13569 Pg199 #21685 enforcement. Notwithstanding the forgoing,if all or a portion of the Property is conveyed to a successor owner where a violation has occurred or will occur resulting in an enforcement action being taken,then the Town may only seek such enforcement against the owner of said lot(s)on which the violation has occurred,and therefore,it being understood and agreed that,from and after any conveyance or transfer of any portion of the Property covered by this Declaration,the transferee of said portion of the Property shall be liable for the performance or observance of, and shall have the benefit of,said covenants and agreements herein. 5. Severability. If any court or other tribunal of competent jurisdiction determines that any provision of this Declaration of Restriction is invalid or unenforceable,such provision shall be deemed to have been modified automatically to conform to the requirements for validity and enforceability as determined by such court or tribunal. In the event the provision invalidated is of such a nature that it cannot be so modified,the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case,the remaining provisions of this instrument shall remain in full force and effect. 6. Non-Waiver. Any election by the Town as to the manner and timing of its right to enforce this Declaration of Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. 7. Incorporation Into Deeds. Declarant and Declarant's successors and assigns,including all subsequent owners of the Property or portions thereof,shall inform a potential purchaser in writing of this Declaration and shall incorporate this Declaration of Restriction,in full or by reference,into all deeds.Any such deed purporting to convey any portion of the Property without including this Declaration of Restriction in full or by reference shall be deemed and taken to include said Declaration of Restriction in full even though said Declaration of Restriction is not expressly described or referenced therein. 8. Reeordatzo /Iiegistration. Declarant shall record and/or register this Declaration of Restriction with the appropriate Registry of Deeds and/or Land Registration Office prior to any work being performed on the Property and prior to the issuance of a building permit. 9. Amendment and Release. No amendment or release of this Declaration of Restriction shall be effective unless it has been approved in writing by the Town(hereinafter the"Town Approval")and said amendment or release and the requisite Town Approval has been recorded j with the appropriate Registry of Deeds and/or Land Registration Office. IN WITNESS WHEREOF,Cranfield es ents LLC,has caused these presents to be signed,acknowledged and delivered this of off 013. eclat EL E ENTS,LLC B c ar W. ee ,Mwrager (00069271;v4) 4 Bk 13569 Pg200 #21685 34,10NOW$i[�16f#y&s ,�siS1f23t1,ti< a?�i 1091to 19AIGM � COMMQNWEVNW pF MASSACHUSETTS Essex,ss. July,2013 On t p day before me, the undersigned notary public, personally appeared �—, proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a state governmental agency, ❑ oath or affirmation of a credible witness,❑ personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she/he signed it voluntarily for its stated pigpose. Notary Public SEAL My Commission Expires: LISA M.MyGommfs onExPWOBMarch24'2015 I I' i i i i (00069271;v4) 5 En SK 8351 PG 8 7 EcoAI D 1, CHRISTOPHER V. ADAIMS, TRUSTEE OF S. .C. REALTY TRUST, uld/t dated March 15, 1985 and recorded with Essex County No District Registry of Deeds in Book 1940, Page 16, as amended by Amendment to Trust dated June 27, 1986 and recorded with the Essex County Northern District Registry of Deeds in Book 2332, Page 60, of Boston, Suffolk County, Massachusetts for consideration paid One ($1.00) Dollar grant to CHRISTOPHER V. ADAMS, Trustee of the 1591 Osgood Street Nominee Trust uldh dated January 1, 2003 and recorded simultaneoiLsly herewith, of 35 Webster Street, Unit 302,Last Boston, Suffolk County, Massachusetts with quitclahn covemaniv Two certain parcels of land,with the buildings thereon,situated in said No Andover. FIRST PARCEL: Being shown as "Parcel No. I" on plan of land entitled: "Plan of Land In North Andover, Mass., Owned by Christopher V. &Elaine M. Adams, Oct. 13, 1958",record6d with North Essex Registry of Deeds,said premises being substantially bounded and described hs follows: NORTHERLY three hundred fifty-six and 56/100 (356.56) feet by land formerly of John Glennie, Inc.and now of Gulf Oil Corp.,as shown on said plan: EASTERLY two hundred six and 66/100 (206.66) feet by Parcel No. 2, as shown inn said plan; SOUTHERLY three hundred seventy-one and 74/100 (371.74) feet by land now or formerly of Barker, as shown on said plan;and WESTERLY two hundred seventy-five(275)feet by the Easterly line of Osgood Street, as shown on sa•id plan. Containing 1.948 acres, more or less. Together with all right title and interest, if any, of said John Glenne, Inc., in that portion of said Osgood Street which is opposite to the granted premises and between the Northerly and Southerly lines thereof. SECOND PARCEL: Being shown as"Parcel No. 2"on the plan above referred to, said pre"ises being substantially bounded and described as follows: Beginning at an iron pin in the Northerly line of land of one Barker, said pin being 371.74 feet Easterly Prom the Easterly line of Osgood Street as, measured along the Northerly line of said Barker land and the Southerly line of Parcel No. 1, as shown on said plan; thence Northerly by said Parcel No. I by an old wire fence and ditch 206.66 feet to an iron pipe;thence Northeasterly by land now or formerly of Rosario Coppola et ux 414.26 feet to an iron pipe-, thence turning at a right angle and running Southerly still by said Coppola 1and 193.19 feet to an iron pipe in the Northerly line of said land of Barker;thence Southwesterly by the Northerly line of said Barker land 487.65 ft. to point of beginning. Being 2 acres,more or less. Said premises are conveyed subject to and with the benefit of any restrictions and casements of record insofar as the same are in force and applicable. For Grantor's title see deed dated March 15, 11985 and recorded with Fssex County Northern District Registry of Deeds,Book 1940,Page 24. LOCUS. 1591 ftoodStmet,Norlh Andover,MA Witness my hand and seat this I"day of January,2003 Z RISTOP R V.ADAMS,TRUSTEE OF S.P.E.C.REALTY TRUST THE CO AdMONWEA L TH OF AMRV CFM, M. Mddlesex, ss b7nuary 1, 2003 Then personally appeared the above--amed CHRISTOPHER V. ADAMS,TRUSTEE OF S.P.E.C. REALTY TRUST and acknowledged the foregoing instrument to be his free act and deed,before me, 5 h D.Cataldo,Notary Public commission expires: 10-11-07 Ok 13569 P!3157 -11-271676 07-26--2013 of 0S:51UL w ,AOR7y d Oi�."-%O ,SysyO y i AL r«ti �qssacHU PLANNING DEPARTMENT Community-Development Division i Form I - COVENANT KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned has submitted an application,dated Z` , 20.E to the North Andover Planning Board for approval of a Definitive Plan oY a certain subdivision entitled uDefinitive Subdivision Plan,Tax Map fit, Lots 16&34&Tax Map 34,Lot 31, 1679 Osgood Street&Bradford Street, North Andover, MA"and has requested that the Board approve such plan without requiring a performance bond, THIS AGREEMENT WITNESSED THAT,for the consideration that the North Andover Planning Board waived the aforesaid requirement for a bond,the undersigned covenants and agrees with the Town of North Andover as follows: 1.The undersigned will not sell any lot until the work on the ground necessary to serve such lot adequately has been completed in the manner required in the aforesaid application,and in accordance with the covenants,conditions and agreements thereof.Notwithstanding the foregoing, Lot 16 may be transferred separately from the remaining lots in the subdivision.The performance of the following particular items of work shall be exempt from the conditions of this contract: NONE 2.The undersigned agrees to record this agreement in North Essex Registry of Deeds as required by the Rules and Regulations of the North Andover Planning Board. 3. The undersigned agrees that this contract shall be binding upon his/her heirs, executors,and administrators,and particularly upon any grantees of the undersigned. It is the intention of the undersigned, and it is hereby understood and agreed,that this contract shall constitute a covenant running with the land.Lots within the subdivision shall respectively be released from the foregoing conditions hereof upon the recording of a certificate of performance executed by a majority of said Planning Board which certificate shall enumerate the specific lots to be so released. There are no mortgages of record or otherwise on any of the land in the aforesaid subdivision except as described below and the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. Page 1 of 3 1600 Osgood Street,North Andover, Bldg.20,Suite 236 Planning Dept., Massachusetts 01845 , Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com ' Bk 13569 Pg158 #21676 IN WITNESS WHEREOF,the undersigned, applicant as aforesaid,does hereunto set his/her hand and seal this 24th day of July,2013. —j1§dss4 Moschetto all Nellie Saracusa Samuel Moschetto Description of Mortgages(Give complete names and Registry of Deeds reference): NONE Assents of Mortgages Not applicable COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. On this 24th day of July,2013,before me,the undersigned notary public,personally appeared Russell Moschetto, and proved to me through satisfactory evidence of identification, which was a driver's 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. Notary Public:'Sdji rN VAd�&e-11 My commission expires: Page 2 of 3 1600 Osgood Street, North Andover, Bldg.20,Suite 2-36 Planning Dept., Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com i f 1 Bk 13569 Pg159 #21676 COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. On this 24th day of July,2013,before me,the undersigned notary public,personally appeared Nellie Saracusa,and proved to me through satisfactory evidence of identification,which was a driver's license,to be the person whose name is signed on the preceding or attached,,, document,and acknowledged to me that she signed it voluntarily for its stated purpose.-:-. f At. , Notary Public:16eN-'r\ 'CSM My commission expires: COMMONWEALTH OF MASSACHUSETTS i ESSEX,SS. On this 24th day of July,2013,before me,the undersigned notary public,personally appeared Samuel Moschetto,and proved to me through satisfactory evidence of identification, which was a driver's 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. Notary Public: My commission expires: F:1PJGW32 33-0008FORMICOVENANT.DOCX s 3 Page 3 of 3 1600 Osgood Street,North Andover,Bldg.20, Suite 2-36 Planning Dept., Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Bk 13569 Pg160 #21676 IN WITNESS WHEREOF,the undersigned,applicant as aforesaid, does hereunto set his/her hand and seal this 24th day of July,2013. Russell Moschetto Nellie Saracusa Samuel Mosc tto l Description of Mortgages(Give complete names and Registry of Deeds reference): NONE Assents of Mortgages Not applicable, COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. On this 24th day of July,2013,before me,the undersigned notary public,personally appeared Russell Moschetto, and proved to me through satisfactory evidence of identification, which was a driver's 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. Notary Public: My commission expires: Page 2 of 3 # 1600 Osgood Street, North Andover, Bldg.20, Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9533 Fax 978.688.9542 Web www.townofnorthandover.com { I I Bk 13569 P+g161 #21676 0q,1A"'i94t-4 ,sfeWH t531tp; 5S ttetO AM.yw, 3MA COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. On this 24th day of July,2013,before me,the undersigned notary public,personally appeared Nellie Saracusa,and proved to me through satisfactory evidence of identification,which was a driver's license,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public: My commission expires: ii COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. On this 24th day of July,2013,before me,the undersigned notary public,personally appeared Samuel Moschetto,and proved to me through satisfactory evidence of identification, which was a driver's 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. o Notary Public: My commission expires: F Public nt�rlcia i apfl� AnfV60EV0?A66 1< My CommhWon Of VW Expkas D7145t201v F-,Tl 16032 13-04S93F0RMICOVENANT.DOCX Page 3 of 3 1600 Osgood Street,North Andover,Bidg.20,Suite 2-36 Planning Dept., Massachusetts 01045 Phone 976.688.9535 Fax 973.688.0542 Web www.townofnorthandover.com pORTIir1cd+,/, Oesl... -ats'I PC —= 2, _ F- Ck 24 AAancet At MOAy,MA 01913 « i DAAffD '�' 1SS�c►+us�� PLANNING DEPARTMENT Community Development Division Form 3 — LOT RELEASE AJ The undersigned being a majority of the Planning Board of the Town of North Andover, MA hereby certify that the requirements for work on the ground called for by the Conditional Approval dated 9/20/2011 and recorded in Essex North District Registry of Deeds, Book 13569, Page 148(or registered in Essex North Land Registry District as Document No.21675,and noted on Certificate of Title No. , in Registration Book Page )have been completed to the satisfaction of the Planning Board as to the following enumerated lots shown on Plan entitled"Definitive Subdivision Plan,Tax Map 61 Lots 16 34 and Tax Map 31 Lot 4 1679 Osgood St &Bradford i St., Northy Andover,MA" recorded with said Deeds, Plan Book P4 , Plan lt;ss (or registered in said Land Registry District, Plan Book , Plan )and said lots are hereby released from the restrictions as to sale and I building specified thereon. Lots designated on said Plan as follows: Lot 16-1, Lot 16-2, Lot 16-3, Lot 16-4, Lot 16-5, Lot i 16-6, Lot 16-7, Lot 16-8 and Lot 31,on Stanton Way (To be attested by a Registered Land Surveyor) I hereby certify that lot number(s) Lot 16-1, Lot 16-2, Lot 16-3, Lot 16-4, Lot 16-5 Lot 16-6 Lot 16-7 Lot 16-8 and Lot 31 on Stanton Way Sfim—et(S) do conform to layout as shown on Definitive Plan entitled.' . fi 'five Subdivision Plan Tax Map 61 Lots 16 34 and Tax Ma 31 Lot 4 1679 Osgood St.&Bradford St.,Northv Ando _ft_'6h Sheet(s) " SEM ; Registered Land S eyor No.11,3j9' III M 'o ity Q the P Board of North Andove �v<Y"ut COMMONWEALTH OF MASSACHUSETTS Date /I/d t/- 7, Z.o r3 Then personally appeared the above-named 4/p,rh Z y,yv'o and acknowledged the foregoing instrument f to be his/her free act and deed before me. .� .Votary Public ��(.F'l�� Cc: +wealth of Mmachul:r:e. ,,;YcomrrimmExpUes Nary Public October 6,2017 My Commission Expires: CP L. 20 17- 1600 Osgood Street, North Andover, Bldg.20, Suite 2-36 Planning Dept., Massachusetts 01845 Phone 978.688.9535 Fax 978.688,9542 Web www.townofnorthandover.com Edited 8/1/07 I V John P.Ffeealey(193&-2007h -RobedDedwin Healey, Desha es sMEoM O e4�nel�et Q n Beede 'Michael A-Tacker j� V agl i a rd i & `.A(3M FFED IN'MA S NH Woelfel PATTORNEYS 24 Market Street • Amesbury,Massachusetts 01913 (978)388-1787 • Fax:(978)388-9727 August 18,2014 Ms.Jean Enright North Andover Planning Department 1600 Osgood Street,Bldg. 20,Suite 2-36 North Andover,MA 01845 Re: Stanton Way Subdivision Dear Ms. Enright: Enclosed please find a copy of the recorded Form J-Lot Release regarding the above- captioned matter. If you need anything further,please feel free to contact my office. Sincerely Paul J. Gagliardi PJG/kb Enclosures LTY20MCran6e€d lnvestmenM LLC-StantonWoods,NorthAndoverTlamtingltwpd