HomeMy WebLinkAbout2004-02-05 Protective Covenant DECLARATION OF PROTECTIVE COVENANTS,
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CONDITIONS, AND RESTRICTIONS
This Declaration of Protective, Covenants, Conditions and Restrictions is made this 12th
day of May, 2003, by Inning E. Rogers, III, Walter E.Rogers and Stephen H. Rogers, as Trustees
of the Lawrence Eagle Tribune Realty Trust, u/d/t dated April 28, 195E and recorded with the
Essex North District Realty Trust at Book 1059, Page 446, its successors and assigns (herein
collectively referred to as the "Declarant").
WHEREAS, the Declarant is the owner of a certain parcel of land located on Route 114
in North Andover, Essex County, Massachusetts shown as Plat 24, Parcels 16 and 17, and Plat
27, Parce122 on North Andover Assessor's Maps, containing 14,496 acres more or less, and
being a portion of the same premises conveyed to the:Declarant by deed, dated October 14, 1971,
and recorded with the Essex North District Registry of Deeds at Book 1181, Page 223; and
WHEREAS, the Declarant has submitted an Article Ito the Town of North Andover Town
Meeting to amend the zoning of the Property from R-4 to General Business, and
WHEREAS, the Declarant has agreed to exclude from the Property certain allowed uses
in a General Business district; and.
WHEREAS, the Declarant also has agreed to certain design criteria for any development �4
on the Property,
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby
aGknowledged, and for the mutual prornises and covenants contained herein, the following is
declared:
1. Land Submitted to D eclaratlon. That the undersigned hereby submits to this
Declaration the real property described hereinabove as the Property, which Property{and all
...portions thereof) is, and shall be, held, transferred, sold, conveyed, and occupied subject to the
covenants, conditions and restrictions set forth hereinbelow, said covenants, conditions and
restrictions to automatically be incorporated into all appropriate deeds and other conveyances of
record, which said covenants, conditions and restrictions are deerned to run with the land and the
Interests therein conveyed.,
2, Use Restriction. Notwithstanding the uses allowed.in a general Business district
in the Town of North Andover, no portion of the Property shall be used as an.autorobile service
and filling station, automobile storage and repair garage, including automobile body repairs and
painting, or an automobile sales agency for new or used cars, In addition, the Property shall be
developed as a single parcel.
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3. Deslen_Criteria, Al development on the Property shall conform to the following
criteria, as reasonably determined by the Town of North Andover Planning Board,
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(a) Eaglewood Shops will provide a pleasant, Pedestrian friendly shopping experience
.ence of
smaller scale retail and restaurant establishments. Reference to the local historic
architectural materials, styles and townscapcs will inform the layout and design of the
center so that the shoppers will experience a landscaped, convenient, well lit and
meaningful environment.
(b) Most of the shops will be accessible to each other via commodious landscaped
sidewalks in order to encourage cross shopping. The restaurants will offer exterior
seating in season to add to the convenience, variety and excitement of the shopping
experience.
(c) The massing of the center will be broken down using visual breaks, changes in
materials, color and varying roof heights. Controlled and coordinated signage,
lighting and landscape programs will enhance the image of the center. The parking
areas will be visually buffered from the road.
(d) The development shall be similar in character, quality and size to the preliminary
grading plans entitled Eaglewood Retail Development, dated January 31,2003 and
the preliminary aerial perspectives entitled Retail Shops, dated March 2003 and
submitted to the Town of North Andover Planning Board on May 3, 2003.
4, ]enforcement. It is expressly understood and agreed that the PROTECTIVE
COVENANTS AND RESTRICTIONS contained herein shall attach to and run with the land and
non for the benefit of the Town of North Andover. Enforcement of these covenants, reservations,
and restrictions shall be by a proceeding at law and/or in equity by the Town of North Andover,
acting by and through its Planning Board against any person or persons violating or threatening
to violate any covenant either to restrain the violation and/or recover damages suffered by them
for any violation thereof. The Declarant, and its successors and assigns, shall have full right to
enforce these PROTECTNE COVENANTS AND RESTRICTIONS and recover damages.
5. Severability. Each and every one the covenants, conditions and restrictions,
contained herein shall be considered to be an independent and separate covenant and agreement,
and in the event any one or more of such covenants, conditions and restrictions shall, for any
reason, be held to be invalid or unenforceable by a court of law, then all remaining covenants,
conditions and restrictions shall nevertheless remain in full force and effect.
6, Duration. All of the foregoing PROTECTIVE COVENANTS AND .
RESTRICTIONS shall continue and remain in full force'and effect at all times against the
owners) of any lot(s) in such Property, regardless of how title was acquired, for a period of thirty
(30} years from the date of the recording hereof, after which time said PROTECTNE
COVENANTS AND RESTRICTIONS shall automatically be extended for successive ten (10)
year periods, by an instrument which shall be recorded with the Essex North District Registry of
Deeds by the owner(s) of the Property within the time prescribed by M.O.L.- c. 194, §27,
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7. Non-Waiver. The failure or delay of the Town of North Andover to enforce the
restrictions, covenants or provisions hereof shall not be.deemed a waiver of the right to do so
thereafter as to the same breach or to one occurring prior or subsequent.
8. Amendment and Termination. The foregoing PROTECTIVE COVENANTS
AND RESTRICTIONS may be amended, modified, and/or terminated by vote of the record
titleholder of the Property and by the assent of the Planning Board for the Town of North
Andover. Such amendment, modification, and/or termination shall not be effective until such
time as it is reduced to writing and signed by the property owner and thc,Planning Board of
North Andover and recorded in the Essex North District Registry of Deeds.
9. Successors Bound. All of the covenants, conditions and restrictions set forth
herein shall ran 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 of such covenants,
conditions and restrictions jointly, separately, and severally.
WITNESS the duly authorized hand and seal of the Declarant this 12th day of May, 2003,
LAWRENCE EAGLE TRIBUNE
REALTY TRUST
BY-
Irving E. Rogers, III
BY:
alter E, Ra s
BY:
Gephen H. Ro ers
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7920 PG
COMMOWEALTH OF MASSACHUSETTS
ESSEX, SS May 12, 2003
Then personally appeared the abol7e named Irving E, Rogers, IN, Walter I,, Rogers and
Stephen H. Rogers, as Trustees of the Lawrence Eagle Tribune Realty Trust, and acknowledged
the foregoing instrument to be their free act and deed and the duly authorized act and deed of
Lawrence Eagle Tribune Realty Trustf before ,
Cit -C
Notary Public
My Commission Expires;
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o8354
THE COMMONWEALTH OF MASSACHUSETTS
Y OFFICE OF THE ATTORNEY GENER*,k N0li,tl.l
a
One Ashburton Place
b Boston, Massachusetts 02108-1698
TI-IoMAs F.REILLY (617)727-2200
ATTORNEY GENERAL «�'W.ago•state.ma.us
July 17, 2003
Joyce A. Bradshaw, Town Clerk
120 Main Street
North Andover, MA 01845
RE: North Andover Annual Town Meeting of May 12, 2003—Case # 2525
Warrant Articles # 26, 27, 29,31 and 33 (Zoning)
Dear Ms. Bradshaw:
Articles 26, 27.29 31 and 33 - I return with the approval of this Office the amendments to
the town by-laws adopted under these Articles on the warrant for the North Andover town meeting
that convened on May 12, 2003, and the maps pertaining to Articles 26, 27, 29 and 31.
Note: General Laws Chapter 40, Section 32,requires that both general and zoning by-laws
and by-law amendments,once approved by the Attorney General, must be posted and
published by the Town Clerk before they may be deemed to take effect. Once this
statutory duty is fulfilled, (1)general by-laws and amendments take effect on the date
that these posting and publishing requirements are satisfied unless a later effective
date is prescribed in the by-law, and(2) za, nine by-laws and amendments are deemed
to have taken effect from the date they were voted by Town Meeting, unless a later
effective date is prescribed in the by-law,
If the Attorney General has disapproved and deleted one or more portions of any by-
law or by-law amendment submitted for approval, only thoseportions approved are
to be posted and published pursuant to G.L. c. 40, § 32, We ask that you forward to
us a copy of the finial text of the by-law or by-law amendments reflecting any such
deletion. It will be sufficient to send us a copy of the text posted and published by the
Town Clerk pursuant to this statute.
Very truly yours,
THOMAS F. REILLY
ATTORNEY GENERAL
by: Kelli E. Gunagan
Assistant Attorney General
By-law Coordinator,Municipal Law Unit
1350 Main Street, 41b Floor -
Springfield,MA 01103-1629
(413) 784-1240,x 117