HomeMy WebLinkAbout2015-09-01 Recorded Conservation Restriction - Town of North Andover Bk .1.5227 Pg279 #24248
09-19-2017 @ 08: 03a
Grantor: Wellington Woods flomeeivner Association Trust
Grantee: Town of North Andover
Address: 602 Boxford St.,North Andover,MA
Title Reference; Essex(North)Registry of Deeds Book 14447,Page 94
CONSERVATION RE TRICTION
TO TOWN OF NORTH ANDOVER
The undersigned, Messina Development. Co, Inc. as Trustee of WELLINGTON
WOODS HOMEOWNER ASSOCIATION TRUST, u/d/t dated November 15, 2015 as
recorded at the Essex (North) Registry of Deeds, Book 14447, Page 153 , being the sole
owner, for it successors and assigns (hereinafter "Grantor,), acting pursuant to Sections
31, 32, and 33 of Chapter 184 of the Massachusetts General Laws hereby
QUITCLAIM COVENANTS, to the TOWN OF NORTH ANDOVER, acting by and
r through its CONSERVATION COMMISSION, a municipality organized under the laws
of the Commonwealth Massachusetts with its usual place of business at 120 Main Street,
North Andover, Massachusetts 01845, pursuant to the authority set forth in M.G.L. c.40,
z §8C, and its permitted successors and assigns (hereinafter, "Grantee"), for nominal
consideration, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION
PURPOSES, the following Conservation Restriction on land ("Property") located in
North Andover, Essex County, Massachusetts containing approximately 1 1.8 acres and
u� shown as Open Space Parcel A ("Parcel A") and Open Space Parcel B {"Parcel B") on
the plan of land titled "Definitive P.R.D. Subdivision Plan of`Wellington Woods in No.
Andover,MA,"prepared by Christiansen&Sergi, Inc, dated June 23,2015, at Sheet 2 of
15 and Sheet 3 of 15 and recorded at the Essex North District Registry of Deeds as Plan
Number 17354 (collectively, the "Premises"), and more particularly described in Exhibit
A and shown in the sketch plan in Exhibit B, which exhibits are attached hereto and
incorporated herein.
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1. PURPOSES:
This Conservation Restriction is defined in and authorized by Sections 31-33 of
Chapter 184 of the Massachusetts General Laws and otherwise by law. The purposes of
this Conservation Restriction are to assure that the Premises will be maintained in
Perpetuity for conservation purposes,predominantly in a natural,scenic and undeveloped
condition and to prevent any use of the Premises that will materially impair or interfere
with the conservation and preservation values("conservation values,,).
This Conservation Restriction is required by and in accordance with a "Notice of
Decision: Special Permit-Planned Residential Development, Wellington Woods" issued
by the North Andover Planning Board to Messina Development Company, Inc, , dated
September 1, 2015, and recorded at the Essex (North) Registry of Deeds, Book 14410,
Page 106; a "Notice of Decision: Definitive Subdivision Plan," issued by the Andover
Planning Board, dated September 1, 2015 and recorded at the Essex (North) Registry of
Deeds, Book 14410, Page 98 and the written determination of the Division of Fisheries
and Wildlife (NHESP Tracking Number 14-33638, dated November 5, 2015 and
recorded at the Essex North Registry of Deeds,Book 14438,Page. It 6. The granting and
acceptance of this Conservation Restriction is in accordance with Article 4 on Town
Meeting vote on May 10,2016.
The conservation:values include the following:
A. Preservation of,Natural Habitat and Open Space. The Premises provides
significant natural value in its present state as natural habitat and open space which has
not been subjected to development incompatible with said uses. The Premises provide
significant ecological habitat, outdoor recreation and recreational values in its
undeveloped state as a natural area that has not been subjected to development. This
Conservation Restriction protects the undeveloped nature of the Premises preserving
those benefits in perpetuity;and
B, Preservation of Rural Landscape. The Grantor and the Grantee recognize
the uniqueness of the Premises as a distinctive Massachusetts landscape embodying the
special rural and pastoral character of the region in which the Premises is located and
have the common purpose of conserving the natural and rural character around Boxford
Street for this generatioh and future generations;and
C. Protection of Wildlife Habitat. Portions of the Premises contain valuable
wildlife habitat,breeding sites and migration routes for wildlife,including the Blanding's
Turtle (Ernydoidea blandingii), which at the time of this recording is listed as a
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"threatened" species pursuant to the Massachusetts Endangered Species Act CIMESA"),
M.G.L, c.13IA, §3 and its regulations at 321 CMR 10.23.
D. Furtherance of Governmental Policy. Protection of the Premises furthers
the Town of North Andover's 2016 Open Space and Recreation flan, including fulfilling
.Recommendations E4, H-1 and R-1 to: expand existing conservation efforts; to protect
and preserve scenic hilltops, landscapes and farmlands;and to protect habitat diversity.
II. PROH11BITE'0 ACTS AND USES EXCEPTIONS THERETO
PERMITTED USES
Subject to the exceptions set forth herein, the Grantor shall neither perform nor
permit others to perform any Of the following acts or uses which are prohibited,on,
above,and below the Premises
A. Prohibited Acts and Uses
i. Constructing, placing or allowing to remain any temporary or permanent building,
tennis court, landing strip, mobile home, swimming pool, asphalt or concrete
pavement, sign, fence, billboard or other advertising display, antenna, utility pole,
tower, conduit, line or other temporary or permanent structure, or facility in, on,
above or under the Premises,
2, Miming,excavating,dredging or removing fxotn the Premises of soil, loam,peat,
gravel,sand,rock or other mineral resource or natural deposit or otherwise make
topographical changes to the area,except those activities within the defined
"Drainage Easement Areas"as defined within,and consistent with a recorded
Drainage Easement given by Messina Development Company, Inc. to the Town
of North Andover,as recorded at the Essex(North)Registry of Deeds at Book
14447,Page 150
3. Placing,filling,storing or clumping 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,removing,or otherwise destroying trees,grasses,shrubs or other
vegetation;
S. Activities detrimental to drainage, flood control,water conservation,water
quality,erosion control,soil conservation,or archaeological conservation;
6. Use,parking, landing or storage of motorized vehicles,including motorcycles
mopeds, all-terrain vehicles,trail bikes,or any other motorized vehicles on the
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Premises except for vehicles necessary for public safety(i.e.,.fire,police,
ambulance,other governmental officials) in carrying out their official duties;
7. Subdivision or conveyance of a part or portion of the Promises alone, or division
or subdivision of the Premises (as compared to conveyance of the Promises in its
entirety which shall be permitted);
8. Use of the Premises for more than de minimis commercial recreation, business,
residential or industrial use;
9. Use of(lie Premises for (a) transferring development rights to this or any other
property, whether or not the receiving land is adjacent to the Premises; or (b)
calculating permissible lot yield of this or any other property, except as may be
specifically permitted by the issued Special Permit. — Planned Residential
Development as referenced above.
10. Any other use of the Premises or activity which is inconsistent with the purpose of
this Conservation Restriction or which would materially impair its conservation
values. unless such use or activity is necessary in an emergency in the opinion of
the Grantee and at the Grantee's sole discretion for the protection of the
conservation interests that are the subject of this Conservation Restriction.
11.Hunting or trapping,except with the prior written consent of Grantee,such
consent to be given only to the extent necessary to control non-native species or
disease,to maintain the ecological balance of native wildlife, or for ecological
research. All other use of guns and any other weapons,target shooting with guns
or any other weapons, use of explosives and fireworks are prohibited.
B. Raer•ved_Rights and Exceptions
The provisions of Paragraph A notwithstanding, the Grantor reserves to itself and
its successors and assigns the right to conduct or permit the following activities on the
Premises provided that such uses and activities do not materially impair the purposes or
conservation values of this Conservation Restriction:
1. Permits. The exercise of any rights reserved by Grantor under this Paragraph B
shall be in compliance with zoning, the Wetlands Protection Act, and all other
applicable federal, state or local laws, rules, regulations and permits, The
inclusion of any reserved right requiring a permit from a public agency does hot
imply that the Grantor or the Commonwealth takes any position whether such
permit should be issued.
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2. Vegetation Management In accordance with generally accepted forest
management practices,selective minimal removal of brush,pruning and cutting to
prevent, control or remove hazards, disease, insect or fire damage, or to preserve
die present condition of the Premises, including vistas, wood reads, Fence lines
and trails and meadows. To the extent such activity occurs within Open Space
Parcel B portion of the Premises, with the prior written permission of Grantee
and/or the Division.
3, Non-native or nuisance species. The removal of non-native or invasive species,
the interplanting of native species, and the control of species in a mariner that
minimizes damage to surrounding,non-target species€nd preserves water quality;
4. Wildli.£e Habitat Im rovernent. With the prior'written permission of Grantee and,
as applicable, the Massachusetts Division of 'Wildlife and Fisheries, measures
designed to restore native biotic communities, or to maintain, enhance or restore
wildlife,wildlife Habitat or rare or endangered species including selective planting
of native trees,shrubs and plant species.
5. Trails. The marking,clearing and maintenance of existing footpaths, however the
marking and clearing of any new trails shall require the written permission of the
Grantee and/or the Division
6. Signs, The erection, maintenance and replacement of signs with respect to
trespass, trail access, identity and address of occupants, sale of the Premises, the
Grantee's interest in the Premises and the protected conservation values or other
reserved rights-
7. Reserved Easement Rights: The Premises, or portions thereof, are subject to
certain easements granting rights to third parties and reserving such rights as
contained therein are specifically approved within the easement areas as
designated in the following:
a) Grant of Easement: from Messina Development Company, Inc. to
Massachusetts Electric Company granting the perpetual right and easement to
pass and repass within the Electric Distribution Construction Basement area (a
portion of which is located within Open Space Parcel A), to install, construct,
reconstruct, repair, replace, add to, maintain and operate for the transmissioil of
high and low voltage electric current and for the transmission of intelligence an
Underground Distribution System, as such. Grant of Easement is described and
recorded at the Essex (North)Registry of Deeds,at Book 14499,Page 260.
b)Drainage Easement: from Messina Development Company,lire.to the Town of
North Andover, acting by and through its Board of Selectmen, granting the right
and easement to construct, repair, inspect, remove, replace, operate and forever
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maintain within the Drainage Easement Areas, a portion of whicl,are within Open
Space Parcel B of the Premises and as shown on the Subdivision Plans recorded
as Plan 17354 at the Essex (North) Registry of Deeds, underground sewers,
manholes, pipes, conduits, covered surfaces, ground water drains, underground
drainage detention systems, infiltration basins, grassed swales, drainage chaunels
and stormwater management basins (ponds) and all other drainage facilities and
appurtenances for storage,removal,conveyance and discharge of water,including
stormwater or groundwater and including water from underground detention
systems all as constructed and to do all acts incidental to the foregoing to maintain
the drainage facilities in good operating order and conditions, as such Drainage
Easement is described and recorded at the Essex (North) Registry of Deeds, at
Book 14447,Page 161.
c)Reserved Fights as Set forth in a Declaration of Restriction: Consistent with a
Declaration of Restrictions entered into by Grantor's predecessor-in-title and
anothert, as recorded at the Essex (North) Registry of Deeds, Book 1.4502, page
82, through which certain activities are restricted within that portion of the
Premises identified as Open Space B, Grantor reserves the following rights for
itself,its successors and assigns at the Premises:
(i)The right to establish, enforce, waive, alter and amend such additional rules,
regulations, covenants, conditions and restrictions governing use of the
Pmmises as allowed by applicable federal, state or local law or regulation,
Fturther, to the extent such additional rules, regulations, covenants, conditions
and restrictions governing use of the Premises pertain to that portion of the
Premises identified as Open Space Parcel B, any such establishing, enforcing,
waiving, altering or amending rtrust be agreed in writing by the.Massachusetts
Division of Fisheries and Wildlife("Division');
(ii) The right to conduct or permit selective cutting or pruning of trees and
vegetation to maintain access to and over existing footpaths located within the
Premises, not otherwise inconsistent with the Drainage Easement, and for
Protection of persons and property from imminent risks of harm or datuage to
persons or structures,
(iii) The right to construct fences as necessary or boundary makers and to the
extent such fences or boundary markers are within that portion of the Premises
referenced as Open Space B,written consent of the Division must be obtain,
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S&L.Homes,LLC,as the record owner of lands adjacent to the Premises,shown as Lot 1 Reference Plan
No.2 and Lot 2 Reference Plan No.2 on a Plan recorded at the Fmex(North)Registry of Deeds as Platt
No. 17389,rvhich lands are also subject to the Declaration of Restriction,as recorded in Book 14502,Page
92,but not subject to this Conservation Restriction.
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(iv) Tile right to conduct or permit habitat management activities, and for such
activities within Open Space Parcel B,upon the prior written approval from the
Division, its successors or assigns.
(v)The right to enter upon the Premises and to locate, construct, maintain, and
use any and all underground and above ground fixtures, facilities and
customary structures appurtenant thereto (referred to as the "facilities") for the
establishment, use, repair, replacement and maintenance of stormwater
management facilities and related appurtenances, along with associated erosion
control and grading for such facilities, and for purposes of maintaining the
Premises, all as authorized ptu^suant. to both a "Notice of Decision -- Special
PerTnit — Planned Residential Development, Wellington Woods," dated
September 1, 2015, as amended, and "Notice of Decision Definitive
Subdivision Plan," dated September 1, 2015, as amended (collectively, the
Planning Board Decisions") , a Wetlands Order of Conditions (DEP File. 242-
1655) issued by the North Andover Conservation Commission on September
10, 2015,as amended,approving the work on the proposed roadway,as well as
wetlands orders of conditions for each lot as may be necessary for work
proposed on each lot, or other applicable approval (if any) issued by any
applicable govermnental authority based upon the plans and other supporting
materials described in the Planning Board Decisions (collectively,
"Governmental Approvals") and to do all other acts incidental to any of the
foregoing subject to the terms as contained in the Declaration of Restrictions.
(vi) The right to enable the Town of North Andover to have the right, but not
the obligation, to access and maintain Open Space Parcel B in accordance with
an access and maintenance easement providing the Town of North Andover
with the right to maintain said open Space Parcel B as well as the rights to
maintain the stormwater treatment areas located within Open Space Parcel B;
(vii)The right to enable the Town of North Andover- to have the right, but not
the obligation, to plate, constrict, maintain and monitor trails or paths within
Open Space Parcel B along with siguage covering the same and to allow public
access through such open space,but subject to approval by the Division.
8. Markers. The right to maintain in good condition any bounds, metes,markers and
signs demarcating the boundaries of the Premises,
9, Eores , lu accordance with generally accepted best forestry management
practices, the right.to conduct, or to permit others to conduct, sound silvicultural
uses of the Premises in accordance with a forest management plan to be prepared
by a professional forester licensed to practice forestry in Massachusetts pursrtant
to M.G.L. c. 132, sections 47-49, which plan shall be approved in advance of'any
timber harvest by Grantee. All forest management plans shall provide for the
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management of the Premises in a manner consistent with generally accepted"Hest
Management Practices", as those practices may he identified by appropriate
governmental or educational institutions, and in a manner not wasteful of soil
resources or detrimental to water quality or ether conservation values of this
Conservation Restriction.
10.Archaeological Investigations, The conduct of archaeological activities,including
without limitation survey, excavation and artifact retrieval, following submission
of an archaeological field investigation plan and its approval in writing by
Grantee and the State Archaeologist of the Massachusetts Historical Commission
(or appropriate successor official).
11.Snch other non-prohibited activities requested by the Grantor and expressly
approved in writing by the Grantee, in its sole and exclusive discretion, which
approval Grantee shall grant only if it expressly finds that the activity is consistent
with and does not materially impair the purpose of acid the conservation values
protected by this Conservation Restriction and is otherwise not inconsistent with
the Declaration of Restriction as it relates to activities within Open Space Parcel
l3.
C. Notice and Approval.
Whenever notice to or approval by Grantee is required, Grantor shall notify Grantee in
writing not less than 60 days prior to the date Grantor intends to undertake the activity in
question. The notice shall describe the nature, scope, design, location;, timetable and any
other material aspect of the proposed activity in sufficient detail to permit Grantee to
make an informed judgment as to its consistency with the purposes of this Conservation
Restriction. Where Grantee's approval is required, Grantee shall grant or withhold
approval in writing within 60 days of receipt of Grantor's request. Grantee's approval
shall not be, unreasonably withheld, but shall only be granted upon a showing that the
proposed activity shall not materially impair the purposes and conservation values of this
Conservation Restriction,
Failure of Grantee to respond in writing within 60 days shall be deemed to constitute
approval by Grantee of the request as submitted, so long as the request sets forth. the
Provisions of this section relating to deemed approval after 60 days in the notice, the
requested activity is not prohibited herein and the activity will not materially impair the
conservation values or purposes of this Conservation Restriction.
III. LEGAL REMEDIES OF THE GRANTEE
A. Legal and Injunctive Relief
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The rights hereby granted shall include the right to enforce this Conservation Restriction
by appropriate legal proceedings and to obtain injunctive and other equitable relief
against any violations, including, without limitation, relief requiring restoration of the
Premises to their condition prior to the time of the injury complained of(it being agreed
that the Grantee will have no adequate remedy at law). The rights hereby granted shall be
in addition to, and not in limitation of, any other rights and remedies available to the
Grantee for the'enforcement of this Conservation Restriction. Grantee agrees to cooperate
for a reasonable period of time prior to resorting to legal means in resolving issues
concerning violations provided Grantor ceases objectionable actions and Grantee
determines there is no ongoing diminution of the conservation values of the Conservation
Restriction.
Grantor covenants and agrees to reimburse Grantee all reasonable costs and expenses
(including reasonable counsel fees) incurred in enforcing this Conservation Restrction or
in taking reasonable measures to remedy, abate or correct any violation thereof,provided
that a violation of this Conservation Restriction is acknowledged by Grantor or
determined by a court of competent jurisdiction to have occurred. In the event of a
dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a
survey and to have the boundaries permanently marked, if necessary.
B. Nan-Waiver
Enforcement of the terms of this Conservation Restriction shall be at the discretion of
Grantee. Any election by the Grantee as to the manner and timing of its right to enforce
this Conservation Restriction or otherwise exercise its rights hereunder shall not be
deemed or construed to be a waiver of such rights.
C. Disclahaer of Liability
By acceptance of this conservation restriction, the Grantee does not undertake any
liability or obligation relating to the contrition. of the Premises pertaining to compliance
with and including, but not limited to, hazardous materials, zoning, environmental laws
and regulations,or acts not caused by the Grantee or its agents.
D. Acts Beyond the Grantor's Control
Nothing contained in. this Conservation Restriction shall be construed to entitle the
Grantee to bring any actions against the Grantor for any injury to or change in the
Premises resulting from causes beyond the Grantor's control, including but not limited to
fire, flood, storm and earth movement, or from any prudent action taken by the Grantor
rtnder emergency conditions to prevent, abate, or mitigate significant injury to the
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Premises resulting from such causes. In the eve-at of any such occwrence, the Grantor and
Grantee will cooperate in the restoration of the Premises,if desirable and feasible.
IV. ACCESS
The Grantor hereby grants to the Grantee,or its duIy authorized agents or representatives,
the right to enter the Premises upon reasonable notice and at reasonable times, for -lie
purpose of inspecting the Premises to determine compliance with or to enforce this
Conservation Restriction. The Grantor also grants to the Grantee, after notice of a
violation and failure of the Grantor to cure said violation, the right to enter the Premises
for the purpose of taking any and all actions with respect to the Premises as may be
necessary or appropriate to remedy or abate any violation hereof, including but not
limited to the right to perform a survey of boundary litres.
Public access is allowed through Open Space Parcel B and the Town may plan,maintain,
construct and monitor paths and trails and install signage to facilitate public access to
such Open Space.
V. EXTINGUISHMENT
A. If circumstances arise in the future such as reader the purpose of this
Conservation Restriction impossible to accomplish, this restriction can only be
terminated or extinguished, whether in whole or in part, by a court of competent
jurisdiction under applicable law after review and approval by the Massachusetts
Secretary of Energy and Environmental Affairs. If any change in conditions ever gives
rise to extinguishment or other release of the CR under applicable law, there Grantees,on
a subsequent sale, exchange,or involuntary conversion of the Premises, shall be entitled
to a portion of the proceeds in accordance with paragraph B below, subject, however, to
any applicable law which expressly provides for a different disposition of the proceeds
and after complying with the terms of any gift, grant, or funding requirements. Grantees
shall use its share of the proceeds in a manner consistent with the conservation puupose
set forth herein.
B. Proceeds. Grantor and Grantee agree that the donation of this Conservation,
Restriction gives rise to a real property right, immediately vested in the Grantee, with a
fair market value that is at least equal to the proportionate value that this Conservation.
Restriction determined at the time of the gift bears to the value of the unrestricted
property. Such proportionate value of the Grantee's property right shall remain constant.
Any proceeds will be distributed only after complying with the terms of any gift, grant,
or other funding requirements.
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of the Premises or any interest therein is taken by public authority under power of
ernhient domain or other act of public authority, then the Grantor and the Grantee shall
cooperate in recovering the full value of all direct and consequential damages resulting
from such action. All related expenses incurred by the Grantor and the Grantee shall
first be paid out of any recovered proceeds, and the remaining proceeds shall be
distributed between: the Grantor and Grantee in accordance with paragraph V.B—above,
after complying with the teens of any law, gift, grant,or funding requirements, If a less
than fee interest is taken, the proceeds shall be equitably allocated according to the
nature of the interest taken. The Grantee shall use its share of the Proceeds like a
continuing trust in a manner consistent with the conservation purposes of this grant.
VI. ASSIGNABILITY
A. Running of the Burden, The burdens of this Conservation Restriction shall run
with the premises in perpetuity, and shall be enforceable against the Grantor and the
successors and assigns of the Grantor holding any interest in the Premises,
B. Execution of Instminents, The Grantee is authorized to record or file any notices
or instniments appropriate to assuring the perpetual enforceability of this Conservation
Restriction; the Grantor, on behalf of herself and her successors and assigns, appoint the
Grantee their attorney4ti-fact to execute, acknowledge and deliver any such instruments
on her behalf. Without limiting the foregoing,the Grantor and her successors and assigns
agree themselves to execute any such instruments upon request.
C. Ru ding of the Benefit. The benefits of this Conservation Restriction shall ruts to
the Grantee, shall he in gross and shall not be assignable by the Grantee, except in the
following instances:
As a condition of any assignment, the Grantee shall require that the purpose of this
Conservation Restriction continues to be carried out; that the Assignee is not an owner of
the fee in the Property, and the Assignee, at the time of the assignment, qualifies under
Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable
regulations thereunder, and is a donee eligible to receive this Conservation Restriction
under Section 32 of Chapter 184 of the General Laws of Massachusetts. Any assigrunent
will comply with article 97 of the Amendments to the Constitution of the Commonwealth
of Massachusetts,if applicable.
V11. SUBSEQUENT TRANSFERS
The Grantor agrees to incoiporatc by reference the terms of this Conservation Restriction
in any deed or other legal instrument which grants any interest in all or a portion of the
Premises, including a leasehold interest and to notify the Grantee within 20 days of such
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transfer. Failure to do any of the above shall not impair the validity or enforceability of
this Conservation Restriction. Any transfer will comply with article 97 of the
Amendments to the Constitution of the Commonwealth of Massachusetts,if applicable.
The Grantor shall not be liable for violations occurring after their ownership. Liability for
any acts or omissions occurTing prior to any transfer and liability for any transfer if in
violation of this Conservation Restriction shall survive the transfer. Any new owner shall
cooperate in the restoration of the Premises or removal of violations caused by prior
owner(s)and may be held responsible for any continuing violations.
V1II. ESTOPPEL CERTMCATES
Upon request by the Grantor, the Grantee shall, within thirty (30) days execute and
deliver to the Grantor any document,including an estoppel certificate,which certifies the
Grantor's compliance with any obligation of the Grantor contained in this Conservation
Restriction.
JX. NON MERGER
The parties intend that any future acquisition of the Premises shall not result in a merger
of the Conservation Restriction into the fee. The Grantor agrees that it will not grain,and
the Gr-antee agrees that it will not take title, to any part of the Premises without having
first assigned this Conservation Restriction to a non-fee owner that is qualified under
Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable
regulations thereunder and is eligible to receive this Conservation Restriction under
Section 32 of Chapter 184 of the General Laws of Massachusetts in order to ensure that
merger does not occur and that this Conservation Restriction continues to be enforceable
by a non-fee owner.
X. AMENDMENT
If circumstances arise under which an amendment to or modification of this Conservation
Restriction would be appropriate, Grantor and Grantee may jointly amend this
Conservation Restriction; provided that no amendment shall be allowed that will affect
the qualification of this Conservation Restriction or the status of Grantee under any
applicable laws, including Section 170(h) of the Internal Revenue Code of 1986, as
amended, or Sections 31-33 of Chapter 184 of the General )taws of Massachusetts. Any
amendments to this conservation restriction shall occur only in exceptional
circurnstauces. The Grantee will consider amendments only to correct an error or
oversight,to clarify an ambiguity, or where there is a net gain in conservation value. All
expenses of all parties in considering and/or implementing an amendment shall be bare
by the persons or entity seeking the amcrrdrnent. Any amendment shall be consistent
with the purposes of this Conservation Restriction, shall not affect its perpetual duration,
shall be approved by the Secretary of Energy and Environmental Affairs and if
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applicable, shall comply with the provisions of Art. 97 of the Amendments to the
Massachusetts Constitution, and any gifts, grants or funding requirements. Any
atneudment shall,be recorded in the Essen.(North)Registry of Deeds.
XI. EFFECTIVE DATE
This Conservation Restriction shall be effective when the Grantor and the Grantee have
executed it, the administrative Approvals required by Section 32 of Chapter 184 of the
General Laws have been obtained, and it has been recorded in a timely manner in the
Essex(North)County Registry of Deeds.
XII. NOTICES
Any notice,demand,request,consent,approval, or other communication that either party
desires or is required to give the other shall be in writing and either served personally or
sent by first class mail,postage prepaid,addressed as follows:
If to Grantor: Wellington Woods Homeowner
Association"Trust
c/o Messina Development Company,Inc.
277 Washington Street
Groveland,MA 01834
With a copy to: John T. Smolak, Esq.
Smolak&.Vaughan LLP
21 High Street, Suite 301
North Andover,MA 0I845
If to Grantee. Town of North Andover Conservation
Commission
120 Main Street
North.Andover,MA 01845
Or to such other address as any of the above parties shall designate from time to time by
written notice to the other or, if notice is returned to sender, to an address that is
reasonable ascertainable by the parties.
XIH, GENERAL PROVISIONS
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A. Controlling Law. The interpretation and performance of this Conservation
Restriction shall be governed by the laws of the Commonwealth of Massachusetts.
B. Lib rat Construction. Any general rule of construction to the contrary
notwithstanding,this Conservation.Restriction shall be liberally construed in favor of the
grant to effect the purpose of this Conservation Restriction and the policy and purposes of
Massachusetts General Laws Chapter 184, Sections 31-33. if any provision hi this
instrument is found to be ambiguous, any interpretation consistent with the purpose of
this Conservation Restriction that would render the provision valid shall be favored over
any interpretation that would render it invalid.
C. Severability. If any provision of this Conservation Restriction or the application
thereof to any person or circumstance is found to be invalid, the remainder of the
provision of dais Conservation Restriction shall not be affected thereby.
D. Entire A eernent. This instrument sets forth the entire agreement of the parties
with respect to this Conservation Restriction and supersedes all prior discussions,
negotiations,understandings or agreements relating to the Conservation Restriction,all of
which are merged herein,
XIV. NUSCELLANEQUS
A. Pre-existing Public Rights. Approval of this Conservation Restriction pursuant to
M.G.L. Chapter 184, Section 32 by any municipal officials and by the Secretary of
Energy and Environmental Affairs is not to be construed as representing the existence or
non-existence of any preexisting rights of the public,if any, in and to the Premises, and
any such pre-existing rig}rts of the public, if any, are trot affected by the granting of this
Conservation Restriction,
B. Homestead. The Grantor attests that there is no residence on or abutting the
Premises (including exclusions) that is occupied or intended to be occupied as a principal
residence by a spouse, former spouse, or children of the grantor, or a spouse, former
spouse,or children of a beneficiary of the trust,if Premises is owned by a trust.
C. The Grantor agrees to subordinate all liens, mortgages, construction loans and
home equity lines of credit to this Conservation Restriction,
D. Attached hereto and incorporated herein by reference are the following-
Signature pages:
Grantor
Grantee Acceptance
Approval by Select Board
(00108329;vl)
I
Bk 15227 Pg293 #24248
Approval of the Secretary of Energy and Environmental Affairs.
Exhibits:
Exhibit A: Legal description
Exhibit B. Sketch plan
Exhibit C—Certificate of Authority
IN WITNESS WHEREOF, the said WELLIN'GTON WOODS HOMEOWNER
ASSOCIATION TRUST grants this Conservation Restriction and agrees to be bound by
its terms,have hereunto set his hands and seals this ? day of ,2p17
GRANTOR,
WELLINGTON WOODS HOMEOWNER
ASSOCIATION TRUST
Messina Development Company, Inc.,Trustee
By: Marylee Messina,President and Treasurer
COMMON WEALTH OF MASS.ACHUSETTS
Essex,ss.
Oil this YXXday of a4uj r 2017,before me, the undersigned notary public,
personally appeared ,06 A fIN'st proved to me through
satisfactory evidence of identification, which was ❑ my personal knowledge of the
principal's identity )(a Massachusetts driver's license, to be the person whose name is
signed on the preceding document, and acknowledged to me that s/he signed it
voluntarily for its stated purpose.
Nota ublic
My Commission Expires:74 'r
ER:Ati G.VAU HAN
Notary Publics
COMMONWEALTH OF MASMCHUMM
i1Ry Comrnlssion Expires
July&,2018
(c0108329,vt)
Bk 15227 Pg294 #24248
ACCEPTANCE OF GRANT BY TOWN OF NORT)ff ANDOVER
CONSERVATION COMMISSION
We, the undersigned, being a majority of the Conservation Commission of the Town of
North Andover,Massachusetts,hereby certify that at a public meeting duty held on
....I.;a+h 2017, the Conservation Commission voted to accept the foregoing
Conservation Restriction from Wellington Woods Homeowner Associa6ati Trust.,
pursuant to M.G.L. c.I84,Sections 31-33 and Chapter 40,Section 8(Q.
TOWN OF NORTH ANDOVER
CONSERVATION COMMISSION
By-
By:
By:
1c,
By:
By:
By:
{ovios329;vx}
9
Blc 15227 Pg295 #24248
COMMONWEALTH OF MASSACHUSETTS
Essex., ss.
E
On this 12th day June, 2 17 before rr�e, the undersigned notary public,
personally appeared proved to me
through
satisfactory evidence id ntiflcatian, wh ch wasz(my personal knowledge of the
principal's identity ❑ a Massachusetts driver's license, to be the person whose name is
signed on the preceding document, and acknowledged to me that he signed it voluntarily
for its stated purpose and as the free act and deed, as Chairman of Town of North
Andover Conservation Commission.
)Z�
Notary Pu lic
My Commission Expires:
. WO O TROMI
sVIRt1NIA Notary Public
coMMpHwrun or tASAas
My commission Expiroa
June 24, 2022'
I
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{00108329,A)
Bk 15227 Pg296 #24248
APPROVAL OF SELECTMEN
We, the undersigned, being a majority of the Board of Selectmen of the Town of
North Andover, Massachusetts, hereby certify that at a public meeting duly held on
__�, 2017, the Selectmen voted to approve the foregoing
Cottset at Restriction from Wellington Woods Homeowner Association Trust to the
Town of North Andover,acting by and through its Conservation Comillission pursuant to
Section 32 of Chapter 184 of the General Laws of Massachusetts,
i
COMMONWEALTH OF MASSACHUSETTS
Essex,ss,
On this At-day of 2017 before me, the undersigned notary public,
personally appeared .fir! �/�lbn[ Zcr f--, proved to me through
satisfactory evidence of identification, which was Amy personal knowledge of the
principal's identity ❑ a Massachusetts driver's license, to be the person whose name is
signed on the preceding document, and acknowledged to me that s/he signed it
voluntarily for its stated purpose,
t
Notary Puff c
Cornxr►ission pires:
LAUAIL
0 ANOTt rOFPubllo
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�Y CnrrxniaeFptt expires
+ r 2, iota
(04108329;vl)
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Bk 15227 Pg297 #24248
i
tl
APPROVAL_BY_SECRETARY OF ENERGY AND ENVIRONMENTAL
AFFAIRS
COMMONWEALTH OT`MASSACHUSETTS
The undersigned, Secretary of the Executive Office of Energy and Environmental
Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing
Conservation Restriction in the Town of North Andover from Wellington Woods
Homeowner Association Test to the Town of North Andover, acting by and through its
Conservation Commission has been approved in the public interest pursuant to
Massachusetts General Laws Chapter 184, Section 32.
Date: ;.
MATTHEW A.BEATON
Secretary of Energy and Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
Suffolk,ss.
On this day of 2017,before me, the undersigned notary public,
personally appeared MATTI�BEATON, proved to me through satisfactory
evidence o identification, which was ❑ my personal knowledge of the principal's
identity tea Massachusetts dt iver's license, to be the person whose name is signed on the
preceding docarnent, and acknowledged to nie that s/he signed it voluntarily for its stated
purpose.
Notary Public
My Commission Expires; ;.;; �;
DENISE PII"iLES
Notary PublIc
oommowntnt oFMns& rrs
My C41t MIS61or1 Explras
Dmmbst 20, 2023
(00108324;vr)
Bk 15227 Pg298 #24248
Exhibit A
Legal Description of Premises
Open Space A
A certain parcel of land with the buildings thereon located on the northerly side of
Boxford Street,North Andover,Essex County,Massachusetts being Open Space A on a
plan entitled"Definitive P.R.D. Subdivision Plan of Wellington Woods in North.
Andover,Ma.by Christiansen&Sergi Inc.record owners Gorton family Trust and
applicant Messina Development Co. Inc. dated 8/10/15 recorded with the Essex North
Registry of Deeds as Plan No.17354.More particularly bounded and described as
follows:
Beginning at the southeast corner at land now or formerly of Bryan&Derry Hanssen
which is a distance of 274.97 feet from an Essex County granite bound.
Thence S 85°07'02"W a distance of 29.731to the easterly sideline of Wellington Way to a
stone bound to be set;
Thence by said Wellington Way with a curve turning to the right with an arc length of
44.25',with a radius of 30.00',with a delta angle of 8413012211, to a stone bound to be set;
Thence by said Wellington Way N 10122'36"W a distance of 159.96'to a stone bound to
be set;
Thence by said Wellington Way with a curve turning to the right with an are length of
45.56',with a radius of 475.00'with.a delta angle of 5°29'45",to a stone bound to be set;
Thence by said Wellington Way N 04°52'51"W a distance of 16.69'to a stone bound to
be set and Lot 7;
Thence by said Lot 7 N 489 5'56"E a distance of 6.97'to a point at land n/f of Bryan&
Kerry Hanssen;
Thence by said land of Hanssen S 20°40'58"E a distance of 262.64'to the point of
beginning;
Containing according to said plan 8,171 square feet or 0.1876 acres.
Being a portion of land conveyed to the grantor by deed recorded with the Essex North
Registry of Deeds in Book 14447 Page 94.
Subject to and with the benefit of easements,rights,restrictions,covenants, conditions,
takings and other matters of record,insofar as the same are now in force and applicable.
(00108329;vr)
9
Bk 15227 P9299 #24248
Open Space,13
A certain parcel of land with the buildings thereon located on the northerly side of
Boxford Street,North Andover,Essex County,Massachusetts being:Open Space B our a
plan entitled"Definitive P.R.D. Subdivision Plan of Wellington Woods in North
Andover,Ma. by Christiansen&Sergi Inc, record owners Gorton)Fancily Trust and
applicant Messina Development Co-Inc. dated 8/10/15 recorded with the Essex North
Registry of Deeds as PIan No.17354. More particularly bounded and described as
follows:
Beginning at a stone bound to be set at the southeast comer at the intersection of the
westerly sideline of Wellington Way and the northerly sideline of Boxford Street.
Thence S 85°07'02"W a distance of 88.77'to land n/f of Charlotte Hopping;
Thence by said Hopping with a curve turning to the left with an are length of 47.091, with
a radius of 30.00',with a delta angle of 8905611", to a point;
Thence by said Hopping N 0415258" W a distance of 155.00'to a point;
"Thence by said Hopping N 78111101"W a distance of 261.01'to land n/f S&L Honres
LLC;
Thence by said S&L Hornes LLC N 03025'04"E a distance of 110.87'to a point;
Thence by said S&L Homes N 60°06'26" W a distance of 296,021to a point;
Thence by said S&L Homes S 25°35'27"W a distance of 464,69'to a stonewall at land n/f
of Cornelius Donovan;
Thence by said Donovan and the stonewall N 40°03'57"W a distance of 109.63'to a wall
corner;
Thence by said Donovan and the stonewall S 6097 12"W a distance of 69.07'to an
angle in the wall,
Thence by said Donovan and the stonewall S 84'55'12"W a distance of 13.28'tea an
angle in the wall;
Thence by said Donovan and the stonewall N 76*54128" W a distance of 10.91'to an
angle in the wall;
Thence by said Donovan and the stonewall N 55"03'18" W a distance of 16.67'to an
angle in the wall;
t00108329t;vt l
Bk 15227 Pg300 #24248
Thence by said Donovan and the stonewall N 72°3228"W a distance of41.57'to an
angle in the wall;
Thence by said Donovan and the stonewall N 60*40'18"W a distance of 61.01'to an
angle in the wall;
Thence by said Donovan and the stonewall N 84°09'38" W a distance of 20.19'to an
angle in the wall;
Thence by said Donovan and the stonewall S 65121'12"W a distance of 20.53'to a wall
corner at land n/f Thomas&Catherine Donovan;
Thence by said Donovan and the stonewall N 26050108"W a distance of 250.00'to a wall
corner at land nlfPaul&Jane Rabbitt;
Thence by said Rabbitt,several other abutters and the stonewall N 43°17'52"E a distance
of 757.56'to an angle in the wall;
Thence by several abutters and the stonewall N 50024'32" E a distance of 198.02'to a
wall corner at land nff of the Town of North Andover;
Thence by said town S 56°19'53"E a distance of 322.15'to Lot 4;
Thence by said Lot 4&3 S 5591'28" W a distance of 250.74'to a point;
Thence by said Lot 3 S 21°[6152"E a distance of 233.79'to Lot 2;
Thence by said Lot 2 S 46009`55"E a distance of 212.05'to a Lot 1;
Thence by said Lot 1 S 47"39'25"E a distance of 56.72to a point;
Thence said Lot 1 N 85007'09"E a distance of 163.07'to a stone bound to be set on the
westerly sideline of Wellington Way;
Thence by said Wellington Way S 04°52'51"E a distance of 127.98'to a stone bound to
be set;
Thence by said Wellington Way with a curve turning to the left with an are length of
50.36',with a radius of 525.00',with a delta angle of 05°29'45",to a stone bound to be
set;
Thence by said Wellington Way S 10°22'36"E a distance of 149.38'to a stone bound to
be set;
{00108329;v11
Bk 15227 Pg301 #24248
Thence by said Wellington Way with a curve turning to the right with an are Iength of
50.00',with a radius of 30.00',with a delta angle of 95°29138", to the point of beginning,
Containing according to said plan 508,952 square feet or 11.6839 acres.
Being a portion of land conveyed to the grantor by deed recorded with the Essex North
Registry of Deeds in Book 14447 Page 94.
Subject to and with the benefit of easements,rights,restrictions,covenants,conditions,
takings and other matters of record, insofar as the same are now in force and applicable.
(00[08329,v11
Bk 15227 Pg302 #24248
Exhibit S
[Sketch Piaui
(00108329;v1)
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Bk 15227 Pg304 #24248
Exhibit C
(Certificate of Authority)
{00108329;v l)
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E-•RECORDED