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Home My WebLink About2002-12-17 Covenant Wit-V k EP 0 Covenant Noii,rl-r ANDOVUi PLANNING f)L-,,Pi-ii;rmE.NT 383 Johnson Street Realty, L.L.C., a Massachusetts Limited Liability Company, with a usual place of business at 200 Sutton Street, North Andover, Massachusetts (herein Grantor), as owner of that certain parcel of land in North Andover, Essex County, Massachusetts, being shown as Lot 1 on plan entitled "Plan of Land of #383 Johnson Street, at Lisa Lane in North Andover, MA, showing proposed lots, Owner: John R. Leeman, Jr. and Elizabeth Leeman, Date: July 10, 2002, Rev: July 26, 2002" prepared by Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810 and recorded with Essex North District Registry of Deeds as Plan No. 14526, hereby makes and declares said parcel to be subject to the following restrictive covenant: "No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance on said parcel" The foregoing restriction is pursuant to the decision of the North Andover Planning _ rl Board which on December 17, 2002, granted a special permit as to said parcel, and shall ruh-- : with said parcel and shall be enforceable against Grantor and its successors and assigns, in.".'; J> perpetuity, CDNotwithstanding the foregoing, Grantor shall not be liable for change or violation of said ,i- restriction resulting from causes beyond Grantor's control, including, but not limited to fire, storm, earth movement, and acts caused by trespass on said parcel not contributed to by acts C--, or omissions by Grantor, or from any prudent action taken by Grantor under emergency -� 0 conditions to prevent, abate or mitigate injury to the parcel resulting from such causes. w No documentary stamps are required by this restrictive covenant, For title reference see Insfrurrent No. 51681 recorded with Essex North District Registry of Deeds on August 22, 2003. t � r In witness whereof, 383 Johnson Street Realty, L.L.C. has causeghese presents to be W executed in its name and behalf by Charles T. Matses, a member, this 2Z day of August, 2003. - 0 ti 383 Johnson Street Realty, L.L.C. co by Charles T. Matses, Member Commonwealth of Massachusetts Essex, ss August , 2003 Then personally appeared Charles T. Matses, Member of 383 Johnson Street Realty, L.L.C. and made oath the foregoing was the free a and deed f sal .L.C., before me, `,0/m/e -i1 f;�4ery,,L� Notary Public My Commission Expires: FEB-12-2004 10 :53 PM P. 02 1 COVENANT 1,.1'aseph M. palich,as Trustee for 383 Johnson Street Realty Trust, under declaration of trust dated,tune 25,2003 and recorded with Essex North Registry of Deeds in Book 7972,Page 326,with a usual place of business at 44 Mitchell Road, Ipswich, MA 01938 (herein"Grantor"), own certain parcels of land in North Andover, Essex County,Massachusetts,being shown as Lots 2, 3,and 4 (the"Parcels")on "Platt of Land of#383 Johnson Street,at Lisa Lane in North Andover, MA showing proposed lots,Owner: John R. Leeman,Jr. and Elizabeth Leeman,Date: July 10, 2002, Rev., July 26,2002"prepared by Merrimack Engineering Services,66 Park Street, Andover,Massachusetts 01810 and recorded with Essex North District Registry of Deeds as Plan No. 14526. On December 17, 2002,the North Andover Planning Hoard issued special permits for each of the Parcels. Such permits require that the owner of such Parcels covenant, and in compliance therewith Grantor hereby does covenant,and agree as follows. "No pesticides,fertilizers or chemicals shall be used in lawn care or maintenance on said parcels." Grantor further agrees that such covenant shall run with said Parcels and shall be enforceable against Grantor and its successors and assigns, .in perpetuity. Notwithstanding the foregoing, Grantor shall not be liable for change or violation of said restriction resulting From causes beyond Orantor's control, including,but not limited to fire, flood, storm,earth movement,and acts caused by, trespass on said parcels not contributed to by acts or omissions by Grantor,or from any prudent action taken by Grantor under emergency conditions to prevent, abate or mitigate injury to the parcels resulting from such causes. No documentary stamps are required by this restrictive covenant. For title reference see deed dated June 27, 2003 and recorded with Essex North District Registry of Deeds in Book 7972, Page 333, In witness whereof, Joseph M. Pei ich, has caused these presents to be executed in his capacity as Trustee on behalf of the Grantor,this j day of February , 2004. 383 Johnson Street Realty Trust sep M. Pel ich 4 COMMONWEALTH OF MASSACHUSETTS Essox,ss February 1),,2004 Then personally appeared Joseph M. Pelich,Trustee,of 383 Johnson Street Realty Trust, and made oath the t,ftbolti Ws.'the duly authorized free act and deed of said 'Trust, before tne, Terri Sheppard, No ary Public My commission expires: MAJ,si owI0 ( COVENANT I' I. ,it►5eph M. Pelic l�, as Tru-te.e fbr 3R3 Johnson Street Realty Trust, iErIcicI'declaration<�I trust,date,d June 25, 200; acid recorded with Essex N(.)rth Registry of'Dee6 in Book 7972, Poge 326, with a cIsual place ol'busincss at 44 Mitchell Road, Ipswich, MA 0038 (herein own certain parcels of land in North Andover, Essex County,Massachusetts,being shown as Lots 2, 3, and 4 (the"Parcels") oit "Plan of Land of 438.3 Johnson Street, at Lisa Lane: in is OT111 Andover, MA showing proposed lots, Owner: John R. LeemAn, Jr. and Flizaboh Leeman, Date: July 1 . 2002, Rev.; July 26, 2002"prepared by Merrimack Engineering ,Services, 66 Park Street. Andover. Massachusetts 01810 m)d recorded with Essex North T7ist.rict Registry Of'Deeds as Plan No. 14526. On De.cumber 17,2002, the Not-tb Andover Phanning Board issued special p4rrtaits for each of the Parcel:;. Such permits require that the owner of such Parcels covenant, and in compliance therewith Grantor horoby does covenant,and agree as follows: "No pesticides, fertilizers or chemicals shall be used in lawn care or maintenancc on said parcels." Grallto r.finther.,agrees that such covenant shall run with said Parcels and shn11 be enforcea.Cle against ("rrtEntor and its successors grid assigns, in perpetuity. i Notwithstanding the foregoing, Grantor shall not be liable for change or vioIatioa:'(Y asatcF resisi0on resulting from causes beyond Grantor's control, including, but not limited to flt're;, — ilood, su.wm, earth movement,sand acts caused by trespass on said parcels nett contributccl:.'t.'by acts or omissions by Granter,or from any pntdem action taken by Grantor under emergo-0 D conditions to prevent,abate,or mitigate injury to the parcels resulting from such cat[.WS. rrt LU Cn No doeUrn:tttary stamps are required by this restrictive covenant.. For title reference,see deal dated Junc 27. 2003 and recorded with Essex North District Registry o fkeds in Hoak 7972, Page.333. In witness whereof, Joseph M, Pclich, has caused thme presents to be exc:c:ulM in his capacity c►s'I"tltstcc on behalf of the Grantor, this/ day asi'FebruFiry , 2004. C7- 383 Johnson Street. Realty Trust � N Abseptrm. Pelich C.()NINIONWF.AUH OF MASSACIiUSETTS Esscx.ss February j�, 2004 Then personally :appeared Joseph M. 1'elich, '1'rustec, of:383 .lohnson Strcct Roalt.y 'freest, and madC. e path the foregoim, -was the duly authorized free act and deed of mid Trust, before me, Terri Sheppard, 4061ry Public My commission expires: IV(-A J,,5,- W[0