HomeMy WebLinkAboutDeed Restriction - Miscellaneous - 93 WINTERGREEN DRIVE 12/16/2019 ;:r},a}-€ gia s @-
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Department of Environmental Protection
Bureau of Resource Protection, Wastewater Management
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GRANT OF TITLE 5 BEDROOM COUNT DEED RESTRICTION
This Grant of Title 5 Bedroom Count Deed Restriction is made as of thisl2th_day
of December, 2019 by Jeffery&Shannon Arciero ("Grantor"), of North Andover,
Essex County,_Massachusetts, pursuant to M.G.L.c. 21A, §13 and 310 CMR 15.000
(collectively, "Title 5").
WITNESSETI
WHEREAS,Grantor,being the owner in fee simple of that certain parcel of land
located in North Andover,Essex County,Massachusetts, [with the buildings and
improvements thereon],pursuant to a deed from J Maren &Camille Maren to Grantor,
dated 8/31/15, and recorded with Essex County Registry of Deeds in Book 14358,Page
151 source of title other than by deed]and/or pursuant to Certificate of Title issued by the
Land Registration Office of the Essex County Registry District, said parcel(s) of land
being more particularly bounded and described in Exhibit A, attached hereto and made a
part hereof, and being shown on a plan entitled,"Wintergreen Estates",dated 2/26/85,
wprepared by Christiansen Eng.,recorded with Essex County Registry of Deeds as Plan
No.10032, in Plan Book and/or registered as Land Court Plan No. on file with the Land
Registration Office of Essex County Registry District("Property"); and
WHEREAS,Grantor desires to restrict the number of bedrooms, as the term
bedroom is defined at 310 CMR 15.002 ('Bedroom"), through the granting of this Title 5
Bedroom Count Deed Restriction;
L NOW,THEREFORE,Grantor does hereby GRANT to North Andover of Essex
County,Massachusetts, a municipal corporation located in Essex County,having a
mailing address of 120 Main Street,Massachusetts, and acting by and through its Board
of Health("Local Approving Authority"), for nominal and non-monetary consideration,
the sufficiency and receipt of which are hereby acknowledged,with QUITCLAIM
COVENANTS,a TITLE 5 BEDROOM COUNT DEED RESTRICTION("Restriction")
in, on,upon, through, over and under the Property.
Said Restriction operates to restrict the Property as follows:
1. Restriction. Grantor hereby restricts the total number of Bedrooms in, on,upon,
through, over and under the Property to L] Bedrooms,such that at no time shall
there exist more than L4] Bedrooms in, on,upon, through,over and under said
Property.
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2. Severability. Grantor hereby agrees that,in the event that a court or other tribunal
determines that any provision of this instrument is invalid or unenforceable:
(i) That such provision shall be deemed automatically modified to conform to the
requirements for validity and enforceability as determined by such court or
tribunal; or
(ii) That any such provision, by its nature, cannot be so modified,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.
3. Enforcement. Grantor expressly acknowledges that a violation of the terms of
this Restriction could result in the following:
(i) upon determination by a court of competent jurisdiction, in the issuance of
criminal and civil penalties, and/or equitable remedies, including, but not
limited to, injunctive relief, such injunctive relief could include the issuance
of an order to modify or remove any improvements constructed upon the
Property in violation of the terms of this Restriction; and
(ii) in the initiation of an enforcement action and/or assessment of penalties by the
Local Approving Authority and/or the Massachusetts Department of
Environmental Protection,a duly constituted agency with a principal office
located at One Winter Street,Boston,MA 02108 (DEP), to enforce the terms
of this Restriction pursuant to Title 5;M.G.L. c.111, §§ 2C, 17, 31, 122, 123,
125, 127A-0,inclusive, and 129; and M.G.L c. 83, §11.
4. Provisions to Run with the Land. The rights, liabilities, agreements and
obligations created under this Restriction shall run with the Property and any
portion thereof for the term of this Restriction. Grantor hereby covenants for
themselves and their executors, administrators, heirs, successors and assigns, to
stand seized and to hold title to the Property and any portion thereof subject to
this Restriction.
The rights granted to the Local Approving Authority,its successors and assigns,
do not provide,however, that a violation of this Restriction shall result in a
forfeiture or reversion of Grantor's title to the Property.
5. Concurrence Presumed. It is agreed that:
(i) Grantor and all parties claiming by,through,or under Grantor agree to and
shall be subject to the provisions of this Restriction; and
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(ii) Grantor and all parties claiming by,throug,or under Grantor, and their
respective agents, contractors, sub-contractors and employees, agree that the
Restriction herein established shall be adhered to and shall not be violated,
and that their respective interests in the Property shall be subject to the
provisions herein set forth.
6. Incorporation into Deeds Mort a es Leases and Instruments of Transfer.
Grantor hereby agrees to incorporate this Restriction, in full or by reference, into
all deeds,easements,mortgages, leases, licenses, occupancy agreements or any
other instrument of transfer by which an interest and/or a right to use the Property,
or any portion thereof,is conveyed.
7. Recordation. Grantor shall record and/or register this Restriction with the
appropriate Registry of Deeds and/or Land Registration Office within 30 days of
receiving the approved Restriction from the Local Approving Authority. Grantor
shall file with the Local Approving Authority and the DEP a certified Registry
copy of this Restriction as recorded and/or registered within 30 days of its date of
recordation and/or registration.
8. Amendment and Release. This Restriction may be amended only upon the
approval and acceptance of such amendment by the Local Approving Authority.
Release of this Restriction"shall be granted by the Local Approving Authority
upon(i) Grantor's request of such release; and(ii) the Property being connected to
a municipal sewer system and the septic system serving the Property being
abandoned in accordance with 310 CMR 15.354. Any such amendment or release
shall be recorded and/or registered with the appropriate Registry of Deeds and/or
Land Registration Office and a certified Registry copy of said amendment or
release shall be filed with the Local Approving Authority and the DEP within 30
days of its date of recordation and/or registration.
9. Term. This Restriction shall run in perpetuity and is intended to conform to
M.G.L. c.184, §26, as amended.
10.Rights Reserved. This Restriction is granted to the Local Approving Authority.
It is expressly agreed that acceptance of this Restriction by the Local Approving
Authority shall not operate to bar, diminish, or in any way affect any legal or
equitable right of the Local Approving Authority or of DEP to issue any future
order with respect to the Property or in any way affect any other claim, action,
suit, cause of action, or demand which the Local Approving Authority or DEP
may have with respect thereto. Nor shall acceptance of the Restriction serve to
impose any obligations, liabilities, or any other duties upon the Local Approving
Authority.
11. Effective Date. This Restriction. shall become effective upon its recordation
and/or registration with the appropriate Registry of Deeds and/or Land
Registration Office.
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WITNESS the execution hereof under seal this day , 20LCJ
*ranto"r
[STATE]
20 C�
Then personally appeared the above-named Jeffery& Shannon and
acknowledged the foregoing instrument to be their free act and deed before me.
Notary
My co "'�-n expires:
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Approved and A, cepted By:
Date: Z
L cal proving Authority
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Printed: December 1 T
201
Essex North Registry9 ® $:45:4
M. Paul Iannuccillo
Register
Trans#; 24849
OPer:STEPHENM
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Rcak 16119 e___-----
Ctl#: 47 Reca 2-lbjy Inst# 31759--
NAND 93 WINTERGREEN2DR9 @ �'45:41a
DOC DESCRIPTION
RESTRICTION TRANS ---
Surcharge CPA $20.00
50.00 recording fee 20.00
5.00 TECH FEE 50.00
5.00
Total fees: --------
Total charges: 75.00
CASH PMT PAYMENT - 75.00
CASH 75.00