HomeMy WebLinkAboutDeed Restriction - Miscellaneous - 35 TIFFANY LANE 2/12/2021 Bk 16766 Pg93 #5011
02-12-2021 @ 11: 08a
GRANT OF TITLE 5 BFDROQM COUNT DEED RESTRICTION
This Grant of Title 5 Bedroom Count Deed Restriction is made as of this 11'l' day
of February, 2021, by Nathan A. Demars and Kathryn E. Demars, Trustees of the
Demars Family Trust uldlt dated July 26. 2019, as set forth in the Trustee's Certificate
pursuant to M.G.L. c. 184, Section 35,recorded in the Northern Essex Registry of Deed
in Book 15984,Page 329("Grantor"), of 35 Tiffany Lane, North Andover, Essex County,
Massachusetts, pursuant to M.G.L. c. 21A, §13 and 310 CMR 15.000(collectively, "Title
5").
WITNESSETH
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WHEREAS, Grantor, being the owner in fee simple of a certain parcel of land
located in North Andover, Essex County, Massachusetts, with the buildings and
i U improvements thereon, pursuant to a deed from Nathan A.Demars and Kathryn E.
Demars to Grantor, dated August 27, 2020 and recorded with Northern Essex Registry of
Deeds in Book 16468, Page308. Said parcel 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, "Modified Definitive Plan of Land in North Andover, Mass., owner
Ferrante Trust, 224 Foster Street, North Andover,Nelson Engineering—Civil Engineers,
144 Sudbury Road, Concord,MA., scale 1"=40', April 13, 1988" recorded with the
Northern Essex Registry of Deed as Plan No. 11162("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;
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NOW, THEREFORE, Grantor does hereby GRANT to the Town of North
Andover of Essex County,Massachusetts, a municipal corporation located in Essex
County, having a mailing address of 120 Main Street,North Andover, 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:
l. Restriction. Grantor hereby restricts the total number of Bedrooms in, on, upon,
through, over and under the Property to Four (4) Bedrooms, such that at no time
shall there exist more than Four(4) 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. PMvisions 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
itself and its 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, through, 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, Mortgages_ 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 11't' day of February, 2021
Nathan A_ Demars, Trustee
The Demars Family Trust
f
Kathryn E: Demar-s/VT\ru ee
The Demars Family'Tru�
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss
On this- :�ofFebruary, 2021,before me, the undersigned notary public,
personally appeared Nathan A. Demars and Kathryn E. Demars, as Trustees of the
Demars Family Trust and proved to me through satisfactory evidence of
identification, which were MA Driver's License to be the person(s)whose name is
signed on the preceding or attached document, and acknowledged to me that they
signed it voluntarily for its stated purpose.
A4W�k--
KININ E. BUCK 146tavt§Public:
Notary Public My commission expires:
Commonwealth of Massachusetts tU�Z 2 l
my Commission Expires
f
W October 23, 2026
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M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
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