HomeMy WebLinkAboutLegal Document - 1160 GREAT POND ROAD 5/19/2017 `r --D III-$ P # 7 49'12 3 'x
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RE,S RICTIVE COVE,NAN
Reference is hereby made to a certain deed of recorded with the,-Essex N-olth County
Registry o Deeds at Book 530 Page 290 pursuant to which certain n ins roved and uni'improved
real property at 1160 -cat Pond Road, Forth.Andover, Massachusetts was.conveyed to Brooks
School (hereinafter, the "Property"").
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Or
RE CITALS.
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14.+
VMERE .S Brooks School ("Brooks"') owns the Prop6�ty,.Which is durrOntly located
within the Residential I (R-1) zoning district under the North AtfdAyer :honing-,bylaw, and has
sought various approvals from the town of North Andover (the "To rn") in.. on#ection with the
reconstruction of existingdeveloped areas on the Propetty, thy:,demol.Won and 'ren al. o
buildings, the construction of an of s center building, the reco . tt-action owls, parking, and
landscaping, and the re-grading .existing soccer field(collectively, tie,"Pr j ct");
WHEREAS, the North. �. ndoveerPlawiing Board issued a.Watershed District Special
Permit to Brooks on o•about March 21, 2017 (the"Special e nit"•-VpKo i g the Project Frith a
series of Special{Conditions; an 4y
i"ERE,AS one of th- Special Permit conditions rel i "I ine,1 j i tar' type o
fertilizers etiides, and herides to be used in connection with the-Project.
NOW THE,RE FORE for good and valuahl consideration. including; but not limited
to, the benefits to the occupants of the Property, as well as the dontinijed%proft,,ction of Lake
Cochiehew' ick and the safety a d welfare of the residents of Noi : . r�_ ' On id r tion
being fully adequate, and mutually b eneficial. to Brooks and the T810 ri;•Bto o ovima.nts
as follows relative to the present and future use of the Propeity.
COVENANT x k. •i,
o ti,'; *• i.tin `} i#.ice..
Brooks, as the culTent owner of the Property, hereby declares and.covenants that
the Propeity shall he subject to the following restriction and con i .i A s' 16i in*the Special
Permit (the"Restrictive Covenant");
rooks shall, on,-the Property, u only fertilizers are
organ ic or sloiv-release n itrogen and ph osphoroits'-ffte -' f d sh d11
not use non-organte pesticides or herbichles or".c6al tai4ased
pant sealants at airy thne. -
di k
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2. This Restrictive Covenant shall he permitted e�cep-Lion t 'x�unth the tale
d shall he hidin the ';o �11:-preseni-, l+�trc
to the 'r o ei ty i perpetuity an
owners of all or any part of the Property and on all present d{kf t rr- � t�j�aftts and other
persons or entities having any right, title, interest or estate in or to=all{or aqy-_paftpf the Property,
as well as the successors and assigns of each of the foregoing, and th ,.a qits,` employees,
contractors, or other persons or entities acting under.; the dire ti R:and-cotitf of any o r the
� e �Uch oregoxng, t event the �• lty i sividd i .t tVo or n • - ar � subdivision
shall not affect the validity of this Restrictive Covenant and this Restrictive Covenant shall bind
all of the subdivided pareels of the Property. * :�55 ;� ,- ,{ LL •5•:F,.
t qftyL ( ) Of
. Notwithstanding the foregoing, Brooks shall not b6 11AIe o .*. ,.V.
olatons
such restriction resulting on eases 'beyond ros' contrl.`".fldln•:` a ftood,,, stoic
a
earthmovement, and acts caused trespass or other willfal anti rid not ca ed
o contributed t
by Brooks, or •om any prudent action taken y Brooks under eki e t e r- ms .-
abate, or m s to pre nt,
ate damage e to the Property resulting roe such ea .• `` `# ` '
. The undersigned person executing this Restrictive Co en nt',i`s a r epres6ntafive o
Brooks as of the date of this Restrictive Covenant, and represents and.'cei e 'that he is duly
authorized and has been empowered to execute and deliver this Restrictive Covenant.
WTNESS the execution hereof as a sealed instrument under Massachwetts law as o
this ` day of May, 2017.
SCH
{ t `tip!-. ' ''• F• _ '.%`•'r FY
By
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Paul Grif xnnjl or . .
Du ':'ly atho'lZed _ "` aR •'
COMMONWEALTH OF MASSACITUSETTS
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SSA s •.: 'i � , 201
Then personally appeared the above named Paul Griffin,.Chieff Financial; Officer o
Brooks School who is personallyknown to nee and ac nowt �� d�--t 6l' or g i }' t 'be the
.
.•ee act and deed of Brooks School, before me,41
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NotaryPublic25,
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