HomeMy WebLinkAbout1995-11-10 Conservation Restriction BK 4379 PG 2
CONSERVATION R2STRICTION
To
The TrustAsm of Reservations
Ed eu ood Farm, North Andover
Edgewood Retirement Community, Inc. , a Massachusetts not-for-
pi-of it corporation with an address of 10,60 Osc�ood Straat„ North
Andover, assaerh seetts, 10845 granite, with q tclauim covenants,
to The Trustees of Reservations, a Massachusetts charitable
corporation astalali,shad under Chapter 3 2 of the ,acts of 1051, VO
with an address at 572 Essex Star+est, Daave ly, Massachusetts, its
successors and permitted ar�si sua, (OPGram"9tee") in, Perpetuity and b
exclusively for conservation-ervatio purposes, the full aicrq described C4
conservation Restriction on as parcel of land of approximately
9.5 acres located in the Town, euf North Andover, Massachusetts,
said parcel being described, in Exhibit h attached (I'll Praumises"
Hereafter the term "Grantor" shall ':mean, the .said Edgewoodq.
Retirement Community, 3sc. and its sUenannors and assigns.
This awoss rvaantio n Restriction is defined .in and
authorized by Sections 31-33 of Chapter _184 of the, General Laws
and otherwise; by law. its purpose is to assure that the Premises
will be retained in psrpetauity predominantly, in hair natural,
scenic,, and forested condition and to, prevent any use of the
Premises that ,will significantl impair or interfere with the
ca,aruser aation values -of the Frew Ises. The conservation of the
Premises will yield aau significant public benefit for the
following ar'ea,sesusa
(1) The Premises. lie within the 'watershed of, and
immediately abut, Lake co hichewi.ct, the public water
supply of the Yawn of North And,o er. Preservation of
the watershed is critical to maintaining the water rIO
�apality of the lake and then well,-bein of the tcw'aa's
ianhaahitants.
(2) The Premises, comprise a diverse natuural, area offering,
field aand woodtl,arael habitat. for wildlife and flora. ER
(3) The Premises consist of open spade the preservation of
which is in fuartheraaaaOO or the conservation policy of
the Tlown of North Andover.
(4) The Premises abut and provide a buffer to Weir Hill
Reservation, a property, of The 11rnu,sateas: of Reservations
owned and managed fcor its natural and scenic and its
public recreational opportunities.
The terms of this conservation Restriction are as follows;
A. r2blbited Una. Rxcept, as otherwise provided, as to
reserved rights set :forth in paragraph B below, Grantua:r will
- BK 7
neither perforam 'nor permit the following acts and uses on the
Promises:
(1,) Constructing or placing of any building,, tennis court.,
landing strip, mobile hcmeo swimming pool, asphalt or
concrete pdvemant, sign, billboard unmr other advertising
display, antenna, utility poles, tower, conduit, line or
other temporary or permanent structure or facility on
or above time premai-ses;'
(2), Miunin , excavating, dredging or !removing from the
Premises of soil, loam, peat, gravel, sand, rock or
anther m1 neraai. resource or natural deposit;
(3) Placing, filling, storing or duunping on the Promises of
soil, refuse, trash, vehicle bodies or parts, rubbish,
debris, junk, waste or other substance or 'material
whatsoever or the installation of underground storage
tanks;
(4) cutting,, re+movirng or -otherwise destroying trees,
grasses or other vegetation,
('5) Activities causixn accelerated &oil erosion or inimical
to soil conservat uxmn, and V'hioh are not, conducted in,
compliance with standards and practices recommended for
erosion and sedimentation, control by the U.S.
Department of Agriculture 80il uneerveticn Srvice or
any successor organization,. and
( ) Any ,ather um:ee of the Premises or activity therooua washich
is inconsistent with the purpose of this conservation
Restriction.
B. ESMSIXed Righ ,. All acts and uses not prohibited in
'paragraph A are permissible and are reserved to and may be
Undertaken exclusively by Grantor, Notwithstanding the
provisions, of pear agrr aph ?n, the following acts and uses are also
permitted. by Grantor only but only if such uses and, activities, do
not materially irnpuair the purpose of this conservation -
Restrrictiorn,
(1) Fishing, hixing, cross-country skiing and other passive
outdoor recreational activities.
("2) Selective cutting or trimming of trees, brush and other
vegetation for the purposes of maintaining the existing
field as open, neadlow, removal of deed or diseased
vegetation, and removal, of safety hazards tc users of
the Promises
(3) The construction, amarkirug, maintenance, and repair of
t,rails for pedes'trrian use, provided that such trails
are located, constructed and maintained. in amanner
BK 4379 PG 244
approved in writing by the Grantee as consistent with
protection of the ecological and public health values
of the Premises, which approval shall not he
unreasonably withheld. One trail providing reasonably
direct hoceas from other land of the Grantor to the
lakeshore may be surfaced with asphalt or other
impervioga material, px'avided it is nc greater than six
feet in width. Drarrtor agrees to =aintain any paved
trail in good condition and to promptly remova
fractured pavement+ All other trails ®hall be surfaced
with dirt, wood chips or other natural, pervious
,material.
(+4) Construction, maintenance, and repair of a picnic
shelter no greater than 16 by 16 feet in either floor
or roof dimensions, provided however that the shelter
shall be located a minimum of 75 feet from the
shoreline of the lake and provided further that the
-location and design shall first be approved in vriting
by the Grantee as consistent with the protection of the
eraoingical and public health values of the PreMi8es,
which approval shall not be unreasolukbly withhold nar
delayed in violation of Paragraph G below.
(5j construction of a small seating area ne4r the lakes hnre
to provide Grantor with a resting area offering viewa
across the IARa, construction of which may include
installation of benches, selective clearing of
vagatntion, and limited extension of any pavemant from
the paved balking path, provided, however,. that, the
location and design of the seating area shall first be
approved in writing by the Grantee as consistent with
protection of the aaologfcal and public health values
of thu Premises, which approval ahall not he
unreasonably withheld nor delayed in vxoiatiOn of
paragraph C below.
(6) ]following notice to Grantee, demolition and removal of
the existing residence and storage shad on the
Pramises, removal of debris in the existing field, and
restora►tian of the disturbed around through the
application of fill, loam, seed and plant materials, as
naaessary. Demolition and removal of materials and
restoration shall ba cunducted in such a manner ae to
prevent erosion from the -work site and to otherwise
protect the conservation values of the Premlaes.
(7) use of the existing field for gardens to be maintained
by presidents of Grantor's adjacent property. said use
may Include the erection of small, communal shads for
the storage of tools, the in&tallatforx of water luxes
for irrigation, and tha erection Of fnnaes. pcsticide
use shall be kept to a reasonable minimum -and shall ba
in compliance with federal, state and local law;
BK 4379 PG 245
Grantor shall erect and nai,ntain a sign at the entrance
to the gardens notifying residents of these
limltaotions.
C. I otfce And b=p_vd3,. Whenever notice to or approval by
Grantee is required under the provisions of paragraph 8, Grantor
ehsll notify Grantee in writing not loss than sixty (60) days
prior to the date Grantor intends to undertake the activity in
quaotion. The adios shall describe the nature, scope, design,
location, timetable and any other material aspect of the proposed
activity in sufficient detail to permit Grantea to make an
informr;4 judgment as to its consistency with the purpasas cf this
Conaervatiun Restriction. Where Grantee's approval is required,
within sixty days of receipt. of Grantor'a written request
therefor, Grantee shall, in writing, either (a) approve the
request, or (b) disapprove the request, it which came it will
give written notice of the resorts why and suggestions for
modification whareW such request may be made acceptable.
Failure of Grantee to respond in writing Within Quch 450 days
shall be doomed to constitute approval by Grantee of the request
as submitted, so long as the request sate forth the provisions of
thin mection relating to doomed approval after the passage of
eimo.
D. Proceeds from ExtinouishMent. Grantor and Grantee agree
that :the danation .cf this Conservation Restriction .gives rise for
purposes of this-paragraph to a property -right, immediately
vested in Orantes, with a value at any point in time equal to the
differance between the fair-market value -of the Premises as if
unancumbarad by this Restriction (minus -any increase.4n value.-
attributable to improvements imade after the date of this grant)
and the fair market value of the Premises as if subject to this
Restriction. If any change in conditions ever dives rise to
axtinguiehment or other release of the Conservation -Restriction
under applicable law, then Grantee, on a subsequent sale,
excbangs or involuntary conversion of the Premises, shall be
entitled to a portion of the proceeds equal to the valms of
Grantee's property tight as previoU91y defined, the valuation
data being the date of suds sale, exchange or involuntary
conversion; subject, however, to any applicable law which -
axprasaly provideip for a different disposition of proceeds.
Whenever all or any part of the Premises or any intQrsst tbersin
is taken by public authority under power of eminent domain, or if
all or any part of this Coneervatiorn Restriction Jr. otherwise
extinguished by act of public authority, then Grantor and Grantee
shall cooperate in recoverittg the full value of all direct and
consequential damages resultfnq from such action. All related
expenses incurred by Grantor and Grantee shall first be paid out
of any recovered proceeds, and the remaining proceeds &halll be
distributed between Grantor and Grantee as determined by a► court
of competent jurisdiction. Grantee shall use its share of the
proceeds in a manner consistent with the r:onservation purpose set
forty herein.
d
BK 4379 PG 246
E. Assess. The Conservation Restriction hereby conveyed
does not grant to Grantee, to the Public generally, or to any
athar person any right to enter upon tha Premises except as
follows:
(1) There is hereby granted to Grantee and its
raprasentatives the right to enter the Premises (a) at
reasonable times and in a reasonable manner for the
purpose of Inspecting the attma to determine compliance
herewith and (b) after 30 days prior written notice, to
take any and all actions with respect to the Premises
at the then fee owner Ia reasonable post, subject to the
provisions ofparagraph G hereof, as may be reasonably
naceasary or appropriate, with or without order of
Court, to remedy, abate or otherwine anforce any
violation hereof.
(2) There is hereby granted to Grantee the aright to erect
-and from time to time replace, at appropriate locations
near the boundaries of the Promises mutually agreed
upon, suitable 6igns identifying Grantee as thin holder
of this Cans$rvation Restriction.
P. Baal peraa[�ies....s f. rantee. The rights hereby granted
shall ino3ude t�la right to enfoarca this Conservation Restrictiap
by appropriate legal proceedings and to obtain injunctive and
other ac�r stable relief aga$nst any violations, including without
limitatyoun relief requiring restoration .of the Premises to its
condition at the time of this grant (it being agreed that Grantee
may have no asdaquate remedy at law) , and shall bo in :addition for
and not in limitation of, any other rights and reanedieu available
to Grantee. Grantor covenants and agrees to reimburse Grantee
all. Treasonable costs and expenses (including without limitation
reasonable caunsal fees) incurred in sntcrcing this conservation
Restriction or in taking reasonable measures to remedy or abate
any violation thereof. By its acceptance, Grantee does not
Uhdartake any liability or Obligation ralaCiriq to the ennditiOn
of the promisees. Enforesmant of the terma of this Restriction
shall be at the reasonable discretion of Crantea, and any
forbearance by Grantee to exercise its rights under this -
Restriction shall not be deemed or construed to be a waiver. if
any provision of th ie Conservation Restriction shall tc any
extent be hold invalid, the remainder shall not be a4ffactad.
G. Actm HMnd GrantoLlaNatwithatanding anything
herain to the contrary, nothing contained in this Conservation
Restriction ahall be construed to entitle Grantee to bring any
action against Grantor, or wake Grantor liable on its covenant to
reimburse Grantee all reasonable costs and expanses incurred in
enforcing this Conservation Restriction, for any fnj�aary to or
change In the Premises resultingq from causes bayond the Grantor's
control, including, but not linxtted to, fire, flood, storm, earth
movement,, and acts caused by trespass on the Premises not
contributed to by acts or negligence of Grantor, or from any
5
BK ?9 PS 247
prudent action to Ran by Granntor under easergetxcy c0ndltions to
p.]revent, abate, or mitigate e ignificant 'injury to the Pramisas
regulti-sg from sums causes.
H. The burdens of this
Conservation Restrictions shall rust with the premises and shall be
enforceable against Gararstor in perpetuity. Grantee is authorized
to record or file any notices or instruments approgri&te to
assuring the perpetual enforceability of this Conservations
Rastriation� and Grantor appoints Grantee as Grantor's
attorney-ins-fact maiely to executes, acknowledge and deliver, on
Grantor 4 s betsal f, any instrumertt whose male purpose is to assure
the perpetual enforceability of this Conservation Restriction.
Without limiting the foregoing, Granter agrees to execute any
such instrument upon request. Tba benefits of this Conservation
Rentricti.on shall, be In gross and shall not b@ assignable by
Grantes, except in the following instances from time to time:
(i) an a conditions of any assign-Aant, Grantee requires that the
purpose of this conservation Restriction florstinue to be carried
ouL, and (ii) the assignee, at the time of assignment, qualifies
under Section 170(h) of the Internal Revenue Code of 1986, as
arm ed, and applicable regulations thareunder, and under Section
32 of Ghspter 1$d cf the General Laws as are eligible donee to
re'caive this Conservation Restriction directly, Grantor and
Grantee intend that the restrictions -arining hereunder take_
affect upon the data hereof, and to the extent enforceability by
arsy person ever depends upon the -approval of governmental
officials, such approvaI when gfven-shaII _relate .back to the slate
hereof regardlesa of the dame .of actual approval. or the date of
filing or recording of any instrument evidencing such -approval—
X.
Grantor agrees to incorporate the
terms of this Cotlsarvation gestriction in any deed or other legal
inatruarent by vbich Grantor conveys arsy interest in all or a
portion of the Premiesea, including, without limitation, a
leasehold interest, Grantor further agrees to give written
notice to Grantee of the transfer of any interest at least twenty
(20) days prior to the date of etch transfer, Failure of Grantor
to do no shall not inpai.r the validity of this ConserVatiOM
Paitriction or limit its enforceability its any way. -
J, !? teaoal Certifica a. Upon request by Grantor# Grantee
ahail within twenty (20) days execute and deliver to Grantor any
document, including an estoppel cartificate, which cartiflas
CrantorPs compliance with any obligatian of Grantor contained in
thin Conservations Restriction, and which otherwise evidences the
status of this Conservation Restrictions as may be requested by
Grantor.
Ho documentary stamps are required a5 this Conservations
Restriction. is a► gift.
K 43 , - PG 248
Xxacuted under seal this day Of � � 1995.
EDGE tOOn RETI UT COW UNITY, INC.
ny Hmme
comKOMWEALTH OF MASSACHUSSi"F I
t us. , ' 95.
Then pareanally appeared the above-naa*d 0SehA lek t o bc
and acknowledged the foregoing instrument to be n he free act d
dead of Zdgawoad Retirement COMmunIty, Inc. , befora me.
Notary paxtl
my commission expires:
ACCEpTAHCE OF GRANT
The above Conservation Restriction Jr. acoepted tbio 19
day of a rnlel . . ► 1995, to take effect-upon execution by
Grantor.
m�iS T tUS'i`SES OF RSSERVATIQMS
COMMONWEALTH OF MASSACHUS=' i pq
Then personally akppaared the above-named 61 i0ro r.
and acknowledged the foregoin Instrument to ba the free act and
dead of The Trustees of Reservations, before: me
etary Public
My commission expires: co�? Arco
APPROVAL OF SELEC'hM4
We, the undersigned, being a majority of the Sslectmen of the
'own of forth Andover, 3ksaachuimatta, hereby oarti hat at a
meeting duly hsld on i Ft} , i the
Selectmen noted to approve the forego rig Conservation Restriction
to The Trustees of Reservations pursuant to 24.G.L. Chapter 164,
Section 32, subject to the approval of the Secretary of
Environmental Affairs.
8elactmaet
COMMNWEALTH OTC` -KASSACSUSETTS
S5 7C 1 65. at rt 1��e
Then 'peroen811y appeared the above-named ��' � fF�a�T ,ems ,
h fT F and ."xel £1cJ
and acknowledged the foregoing instrument to bet air free act
and deed, and the tree not and deed of the Posrd of Sslsctmen of
the Ta?6m of North Amdover, before roe.
xo r �ub11 ,
My commission " ires!
s
SK 173,79 FG, 250
COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of the rWQcU ivQ Off'c Of
nviurorimentai Affairs of the Commonwealth of Haassacbuuaatts,
hay 'eby aszrtifiaa that the foregoin Con,SerVation Raat!rictiOn to
The Trustees of Reservations b,a le, 'a, roved in the public
interest pHu rsuvant, to M.G.L4 C Ss tio n 32.
careta of un ronmen.Adl Arrair
Then persrnnnai,�.y appeared, ov xn
the above- almed�
",
and acknowuiedgfad they f oregolng instrument to Ee his or h free
act a,uwd .doodo before me.
Notary Pubs l c
V,XRTB,IT' A BK 4379 106 251
C RVATIION RESTRICTION DES-CRIPI'DO& -
the watier,5h:edine ar, sh)crim on sbeet two Of
A Portion of Lot 6 being eaStOclY Of Aril 11, 19,39, -recordod at the
by Marry R., jFe�jarmanj Inc., t1ated
Dep-is a.
set, of four, c 9, plan No. 11654 of 19W, With
Essex Co=tY NDrt,y Distxict Regi'Stl—1 Of 19a9 as, DcojffeRt
�,e7
affi,dav,jt aqTa2,jdmant of MA ,b-r� 9, 1589 recardEd.on 1�oveTbmr 17,
No,. 25218, bmma0d and descril6id as
Seginning at a d�cill hole at the corner of a stone W41 at the Lmd of the lane to
Pond Pa5ture at. the, junction with land of Samuel F. Rockwellt jr., et, al and tot
E, along astone wall, a di5tanck, Of
thence t,=ninq and runnier 19
181.49, feet to a cQrn@,r Of a stone wall; 6 as'
stone wall b y
thence turning and running along four
follows:
N 7801 53" 101" Zs a di'r-tan,ce of 286'61 feet'
N 78'0 32, 29n F, a distance Of 168.03 feet
N 78 0 041 17" Eo a &stance Of 363�.94 feet,,
N 77" 341 ZQ- E, a distance of �25, feet mOre Oc loss to the' w"esterly
shoreline of LaXe CochichelwiCk as, located on January 6r 19861t
&ia mest,erly shoreline 0( La)M C*chich. 8wicX
thence, J:urjjj.nq and running along thc S r leq�-% to a Point;
generally southerly, a distancia Of 1485 felt coke �O feet moce cc Ic!ss
the ace turning and running 8 79P 55' 35- W, a &xstanca of 594
to an iron is thence turO,i ng aj,o�pg the aforem
ancl en,tiorji�d vatersned line generallY ,,j a
w rL9 runni Or jess to a poj�t# 5,aid p joint
etherly th direct.jono a aistan4-,e of 1610 feet FT*ca
lying on e northerly bo unda ry of said tot 6 adloining laTkd, now or f0tn- erly' Of
mar F. charles and the renterline Of the lane tO Pond PasturaX
thence: turning and CIV,Oing along, the said centerline by land now or, formeflY Of
3ary S �89 031 24" E a distance of 51-10 ;feet 'to a Point;
thance turning' and running along a 5tone wall S 62` 59, ow, W, a distance of
60.14 feet to, the point of, beginn,10.9- 1,2B&,,250 feet
The above 4,es;ccjbed parcel contains appccx�matelY
(29,. 213 acres) oaf land as shown oft t.he aforementionw3 reforencQ plan.
