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Home My WebLink AboutProtective Use Covenant - Miscellaneous - 1874 TURNPIKE STREET 5/5/2019 ICH 9,J-0 P-E-j 2 0 8 DECLARATION OF PROTECTIVE USE COVENANTS, CONDITIONS AND RESTRICTIONS ,ji,s,Declaration of Protective Use Covenants, Conditions and Restrictions is made as of this clay of 2019 by 1874 Turnpike Street LLC, a Massachusetts limited liability company with a mailing address of 25 Sugarcane Lane, North Andover, MA 01845, on behalf of itself and its successors in title (herein collectively referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant is the current owner of real property, consisting of ONE parcel of land consisting of approximately 1.08 acres of land, known and numbered 1874 Turnpike Street, which said parcel is identified in a Deed to Declarant recorded with the Essex North District Registry of Deeds in Book 15762, Page 143 (hereinafter referred to as the "Property"); and, WHEREAS, the Declarant's Property was the subject of Warrant Article of the 2019 Annual Town Meeting for the Town of North Andover where said Article requests approval for the rezoning of the Property from Village Residential (VR)to Business 2 (B-2); and, WHEREAS,the Declarant has agreed to prohibit certain uses outlined under the list of uses permitted within the Business 2 Zoning District as outlined under Section §195-4.8 of the Town of North Andover Zoning Bylaws; NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and for the mutual promises and covenants contained herein, the Declarant 11 declares that the Property is and shall be held, transferred, leased, encumbered, conveyed, improved and occupied subject to the covenants and restrictions, hereinafter set forth below: Land Subject to This Declaration. The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration is the Property as defined above. n Notwithstanding the uses permi tted within the Business 2 Zoning 2 Use Restrictions District as outlined under §195-4.8 of the Town of North Andover Zoning Bylaws, the Declarant agrees the Property shall not be used for the following purposes: a. Automobile service station; and, b. Taxi depot; c. Public Parking Garage; d. Drive through facility. Subject to the use limitations above, the Declarant shall be permitted to use the Property uses permitted by law, including but not limited to, other uses permitted under the for all other p Town of North Andover Zoning Bylaws, as amended. ral Features: Any structure to be built under the conditions of a Site Plan Review O new 3 Architectural B law, Article 8 Part 3 § Special Permit, as specified in the North Andover Zoning England" style architecture. shall conform to the maximum extent possible to "New Y of Protective expressly understood and agreed that this Declaration 4. Enfarcement. It is exp' Y v Declaration shall be by a proceeding Use Covena nt Conditions and Restrictions shall attach to and run with the land and run art e benefit of the Town of North Andover. Enforcement of acting and through its Planning Board, in at law and/or in equity by the Town of North Andover, acting by her to against any person of persons violating or threatening to violate any covethereof. The Declarant, y thm for any the violation and/or recover damages sufsuc sered uccess and assigns, shall have the full right to law or the Town of North Andover and their enforc e this Declaration of Protective Use Covenants, Conditions and Restrictions bothin and at equity, and to recover damages. one of the covenants, conditions and restrictions contained and, the . Sey� erabilit . Each and every herein shall be considered to be an independent ns and restrictions shall, for any reason, be event that anyone or more of the covenants, co nd then all remaining covenants, con itions held to be invalid or unenforceable by ain in full force�and effect. and restrictions shall nevertheless rem oin covenants and restrictions shall continue and regardless of how 6. Duremain in full i_vati°n. All tit-ties the foregoing g applicable law provides that such covenants and force and effect at all times against the owner(s) of any lot(S) in such Property, such title was acquired, in perpetuity, unless ppin which case they n perpetuity, restrictions cannot continue and remain in full force and e. of thirty (30) yea from the date of shall continue and remain in full force and effect or a period riled with the Essex North of after which time said Declaration shall autamaeiiecoy be extended f°i' recording hereof, an instrument which shall b successive ten (10) year periods, by f Deeds by the owner(s) of the Property or which may 27 recorded by the District Registry o M.G.L. c. 184, Town of North Andover, within the time prescribed by or Declarant to enforce the h Andover Town Nort 7. Non_. -waive1' The failure or delay of ein hall not be deemed a waiver of the right to do restrictions, covenants of other provisions prior or subsequent. so thereafter as to the same breach or to one occurring p e amended, ons in this 8. Amendment and Termination. The pro visi title holder Declaration the property, and with the assent modified, and/or terminated by vote of the record t ification mod of the Town of North Andover'Planning Board,but such amendment, to writing, signed by deer termination shall not be effective until such time as it is reduced Property owner(s) of record, and recorded with the Essex North District Registry of Deeds. 9. Successors Bound. All of the covenants, conditions and restrictions described herein shall run with the land, and the grantees of the Property, by accepting the deed thereto, accept the same subject to such covenants, conditions and restrictions, and agrees for themselves,their heirs, administrators, successors and assigns to be bound by each such covenant, condition and restriction jointly, separately and severally. 10. Extent of Covqnant§, Conditions and Restrictions. The covenants, conditions and restrictions created pursuant to this Declaration: (a) shall be subject to restrictions presently of record, if any; and, (b) shall only be effective after: (i) the North Andover Town Meeting adopts the Zoning Bylaw Amendment in the form set forth in the published 2019 Annual Town Warrant, (ii) all subsequent actions shall have been completed that are necessary to cause such Zoning Bylaw Amendment to be incorporated into the Zoning Bylaw (such as approval by the Attorney General); (iii) to the extent that any referenda challenging the Town Meeting's adoption of the Zoning Bylaw Amendment or any other appeal of the Town Meeting's adoption of the Zoning Bylaw Amendment has occurred, such referendum or appeal [a] has been fully adjudicated by a court having jurisdiction over such a matter(which court upholds the"Town Meeting's adoption of the Zoning Bylaw Amendment) the decision of which is not subject to appeal or from which no appeal is taken within the relevant period; [b] such referendum or appeal is dismissed with prejudice, or [c] the appeal is settled by the parties thereto with the Zoning Bylaw Amendment remaining in force and effect without any modification thereto (collectively, "Final Zoning Bylaw Approval') IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed under of the day of June 2019. seal by 1874 Turnpike Street, LLC as 1874 Turnpike Street, LLC By: Ricriard O'Donnell, Manager 2 4/1, J n O'Donnell, Manager COMMONWEALTH OF MASSACHUSETTS ESSEX COUNTY 2019, before me, the undersigned notary public, On thisSlk day of Turnpike Street, personally appeared Richard O'Donnell and Jane O'Donnell, Managers of 1874 Tut LLC ,a Massachusett s limited liability company, proved to me through satisfactory evidence of identification, which was limited identification with signature issued by a federal or he person whose name is signed on the preceding or attached state governmental agency, to be t document, and acknowledged to me that he signed it voluntarily for its stated purpose in said capacity as Manager and that it represented the free and voluntary act and deed of 1874 Turnpike Street, LLC ,a Massachusetts limited liability company ........... 04, y c "Publi Notar 'Publi My Commission t��Xpires S B 0 -A 1, 0 Z. tot,, is il I