Loading...
HomeMy WebLinkAbout2009-03-16 Legal Docs & Related Correspondence RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 (978) 686-4041 FAX (978) 794-2088 attyrvivenzio@hotmaii.com April 5, 2011 Carol Hajjar McGravey, Esq. URBELIS & FIELDSTEEL 155 Federal Street Boston, MA 02110 ' RE: Lydia Lane North Andover, MA Dear Carol: Pursuant to our telephone conversation of last week, I enclose herewith the following proposed documents, in accordance with the planning board's requirement that "the roadway...be maintained by a homeowner's association...,"viz. 1. Declaration of Lydia Lane Homeowners Association(3 pages) 2. By Laws of the Lydia Lane Homeowners Association (10 pages) 3. sample proposed deed which will be used for all three (3) lots in the subdivision (2 pages) Would you kindly review these documents at your earliest convenience and contact my office thereafter. Thank you for your cooperation. Sincerely, Raymond A. Vivenzio Enclosures Federal Express No. 8577 0202 8988 cc: Mr. John Cahill Ms. Judith Tymon, Town Planner 1 3 RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAW STREET NORTH ANDOVER,MA,SSACHUSEWS 01845 (978) 686-4041 FAX(978)794-2088 attytvivenzlo@ha0nnll,com March 4,2011 Ms, Judith Tymon,Town Planner TOWN OP NORTH ANDOVER 1600 Osgood Street North Andover, MA 01845 RE, 166 Salem Street Realty Trost Dear Ms, Tycoon. This office represents 166 Salem Street Realty Trust with respect to the March 16, 2009 decision of the North Andover Planning Board. Reference is made to those portions of the decision dealing with restrictions and obligations imposed by the Board concerning the private roadway,no further subdivision,and maintenance of the roadway. I enclose herewith three(3)proposed deeds, one(1)for each lot in the subdivision,and would ask that you forward them to Town Counsel for his approval,as required in the decision, zf approved�11� these would be the deeds that will be recorded at Ilse _..—_ 1me the lots are sold. I belie'- ve thesess thues an sujecuestion tothe obligationsImpease note tllat the maintenance obligation is a covenant running with the land. Thank you for your anticipated prompt attention to this matter, io by �. -�Sineerel ; ,1 G��tn od r Ra mond A. Vivenzio 1 be, re- 5o l� y Enclosures cc; Mr, John Cahill r UIQ TCLAIM DEED Ryan.Cahill,Trustee of the 166 Salem Street Realty Trust WA dtd j O/26/07 and recorded with the Essex North District Registry of Deeds at Boob 10952,Page 178,of North Andover,Essex County,Massachusetts in consideration of grants to with quitelaim covenants The land in North Andover,Essex County, Massachusetts shown as Lot I on a .plan of land entitled"Definitive Subdivision Plan for the`Captain Nathaniel Berry . Homestead' located in North Andover,Mass."Record Owner&Applicant:166 Salem Street Realty Trust,dated July 23,2008,last revised 2/17/09, and recorded with the Essex North District Registry of Deeds as Plan No. Said Lot IA contains 25,000 st,More or less, and Is bounded and described more particrilarly on said plan,to which reference is hereby made. The premises hereunder are conveyed subject to the perpetual restriction that they shalt never be further divided nor subdivided. Granteos for themselves,their heirs,-successors and assigns,acknowledge and accept the further restriction that Lydia Lane,as shown on the said Definitive Subdivision. Plan;is a private roadway and,pursuant.to the requirements of the North Andover Planning Board as set forth in its decision elated March 16,2009, said roadway will never be maintained by the Town of North Andover,nor accepted as a public way in said town. I a Together with a right-of-way over Lydia Lane,as shown on said plan,to use said private roadway in common with others entitled thereto for ingress and egress to the premises fiom Salem.Street,and for all other purposes for which private roadways are commonly used. Said right-of-way shall be appurtenant to the premises being conveyed ..___. _.....,... ._._--hereunder-and-shal-l-mover-be•separatedtk�ere�om:_... .. ........._�... .._. , .. _. _...._ .. . Appurtenant to the grant of the premises hereunder and the right-of-way as described herein,is the obligation to forever maintain the said Lydia Lane in good and passable condition,and the two(2)"Rain Gardens",so-called, Said maintenance obligation shall include,without limitation,snow plowing, snow removal, surface repairs and repaving This maintenance obligation shall be shared equally by the owners of the three(3) lots shown on the said Definitive Subdivision Plan for"The Captain Nathaniel ferry Homestead"located in North Andover,Mass., and shall constitute a covenant running with the land.A vote of all of the owners of two (2)of the three(3)said lots concerning matters of maintenance of said Lydia Vane and said rain gardens shall be final,binding and conclusive on all of the three (3)lot owners,and any unpaid and overdue assessment shall be assessed and levied against tile owner of the-deficient lot or lots in the-same manner as a lien under Chapter 183A of the General Laws of Massachusetts. The premises conveyed hereby constitute a portion of the premises conveyed to the grantor herein by deed of the Jones Realty Trust,recorded with said Registry at Hook 10952,Page 185. The undersigned certifies that he is the solo Trustee of the 166 Salem Street Realty Trust,that the trust is in full force and effect and has not been amended or revised, except as of record, and has not been revolted, and that he has full power and authority and has been directed by the beneficiaries to execute and deliver the within deed on behalf of the trust, and to sign any and all other related documents in order to effectuate the sale to the named grantees for the consideration stated herein. i EXECUTED as a sealed instrument this day of ,2011 166 Salem Street Realty Trust Ryan Cahill,Trustee The Commonwealth of Massachusetts Essex,ss. 2011 Then personally appeared the above-named Ryan Cahill,Trustee as aforesaid,and he acknowledged that he executed the within instrument fieely and voluntarily for the purpose therein stated, before me. I.D. Raymond A.Vivenzio Notary Public My commission expires.10.1-15 • i I 1 QUITCLAIM DEED Ryan Cahill,Trustee of the 166 Salem Street Realty Trust u/d/t dtd 10/26/07 and 3 recorded with the Essex North District Registry of Deeds at Book 10952, Page 178,of North Andover,Essex County,Massachusetts in consideration of grants to with quitclaim covenants The land in North Andover,Essex County,Massachusetts shown as Lot 2A on a plan of land entitled"Definitive Subdivision Plan for the`Captain Nathaniel Berry Homestead' located in North Andover,Mass,"Record Owner&Applicant :166 Salem Street Realty Trust,dated July 23,2008, last revised 2/17/09, and recorded with the Essex North District Registry of Deeds as Plan No. Said Lot 2A contains 33,421 s,f.,more or less, and is bounded and described more particularly on said plan,to which reference is hereby made. The premises hereunder are conveyed subject to the perpetual restriction that they shall never be further divided nor subdivided. Grantees for themselves,their heirs,successors and assigns, acknowledge and accept the further restriction that Lydia Lane,as shown an the said Definitive Subdivision Plan,is a private roadway and,pursuant to the requirements of the North Andover Planning Board as set forth in its decision dated March 16,2009,said roadway will never be maintained by the Town of North Andover nor accepted as a public way.in said town. i r i To ether with a right-of-way over Lydia Lane, as shown on said eplan, ress to the said g private roadway in common with others entitled thereto for ingress an 8 premises from Salem Street,and ivate roadways are for all other purposes for which being conveyed commonYand shallSaid nevehbe separated shall therefram.appurtenant to the promises hereunder Appurtena -of-way as nt to the grant of the premises hereunder the said L dia ,ane iin good and described herein,is the obligation to forever maintain Y passable condition, and the two Said maintenance (2}"Rain Gardens �vs�oi alsrd w emovat, surface repairs obligation shall include,without limitation,snow plowing, and repaving This maintenance obligation shall be shared equally by the hers of the three (3) lots shown on the said Definitive Subdivision Plan for The Captain NathHomestead"located in North Andover,Masry s,,slid shall constitute id lots concerning ovenant with the land. A vote of all of the owners of two fd o xrheaid ns sk all be final,binding matters of maintenance of said Lydia Lane and sa g and conclusive on all•of the three(3)lot owners,and any lent of orunpaid lots in the same overdue ment shall be assessed and levied against the owner of the de manner as a lien under Chapter 183A of the General Taws of Massachusetts. The premises conveyed hereby constitute a portion of the premises r the grantor herein by deed-of the conveyed Book to Jones Realty Trust,recorded with said Registry 10952,Page 185, Salem The undersigned certifies that lie is the sale Trustsnot been arnendedtreet or revised, Realty Trust,that the trust is in full force and effect and lies except as of record, and has not been revoked, and that he has Rill pow er aithind authority n and has been directed by the beneficiaries to execute and deliver t behalf of the trust,and to sign any and all other related documents in order to effectuate the sale to the named grantees forlhe consideration stated here 1 EXECUTED as a sealed instrument this day of ,2011 166 Salem Street Realty Trust Ryan Cahill,Trustee The Commonwealth of Massachusetts Essex,ss. 2011 Then personally appeared the above-named Ryan Cahill,Trustee as aforesaid, and he acknowledged that he executed the within instr-ument freely and voluntarily for the purpose therein stated, before me. I.D. Raymond A. Vivenzio Notary Public My commission expires:10-1-15 S QUITCLAIM DEED Ryan Cahill,Trustee of the 166 Salem Street Realty Trust u/d/t dtd 10/26/07 and recorded with the Essex North District Registry of Deeds at Boob 10952,Page 178,of North Andover,Essex County,Massachusetts In consideration of grants to with quitelahn covenants The land in North Andover,Essex County,Massachusetts shown as Lot 3 on a plan of land entitled"Definitive Subdivision Plan for the `Captain Nathaniel Berry Homestead' located in North Andover,Mass."Record Owner&Applicant :166 Salem Street Realty Trust,dated July 23,2008, last revised 2/17/09,and recorded with the Essex North District Registry of Deeds as Flan No. Said Lot 3 contains 57,488 s.£,more or less,and is bounded and described more particularly on said plan, to which reference is hereby made. The premises hereunder are conveyed subject to the perpetual restriction that they shall never be further divided nor sub-divided. Grantees for themselves,their heirs,successors and assigns,acknowledge and accept the further restriction that Lydia Lane,as shown on the said Definitive Subdivision flan, is a private roadway and,pursuant to the requirements of the North Andover Planning Board as set forth in its decision dated March 16,2009,said roadway will never ,be maintained by the Town of North Andover nor accepted as a public way in said town. e . i Together with a right-of-way over Lydia Lane,as shown on said plan,to use said private roadway in common with others entitled thereto for ingress and egress to the premises from Salem Street,and for all other purposes for which private roadways are commonly used. Said right-of-way shall be appurtenant to the premises being conveyed hereunder and shall never be separated therefrom. Appurtenant to the grant of the premises hereunder and the right-of-way as described herein, is the obligation to forever maintain the said Lydia Lane in good and passable condition,and the two (2) "Rain Gardens",so-called. Said maintenance obligation shall include,without limitation,snow plowing,snow removal,surface repairs and repaving This maintenance obligation shall be shared equally by the owners of the three(3) lots shown on the said Definitive Subdivision Plan for"The Captain Nathaniel Bevy Homestead"located in North Andover, Mass., and shall constitute a covenant running with the land.A vote of all of the owners of two (2)of the three(3)said lots concerning matters of maintenance of said Lydia Lane and said rain gardens shall be final,binding and conclusive on all of the three(3)lot owners, and any unpaid and overdue assessment shall be assessed and levied against the owner of the deficient lot or lots in the same manner as a lien under Chapter 183A of the General Laws of Massachusetts, The premises conveyed hereby constitute a portion of the premises conveyed to the grantor herein by deed of the Jones Realty Trust,recorded with said Registry at Book 10952,page 185. The undersigned certifies that he is the sole Trustee of the 166 Salem Street Realty Trust,that the trust is in full force and effect and has not been amended or revised, except as of record,and has not been revoked,and that he has full power and authority and has been directed by the beneficiaries to execute and deliver the within deed on behalf of the trust, and to sign any and all other related documents in order to effectuate the sale to the named grantees for the consideration stated herein. i 'I EXECUTED as a seated instrument this day of , 2011• 166 Salem Street Realty Trust Ryan Cahill, Trustee The Commonwealth ofMassaohusetts Essex, ss. 2011 Then personally appeared the above-named Ryan Cahill, Trustee as aforesaid and he acknowledged that he executed the within instrument Feely and voluntarily for the purpose therein stated,before me. J.D. Raymond A. 'V'ivenzio Notary Public My commission expires:10.1 15 a r ' .. G� I��7-.J.C, �a..r-'_'.:�•'��:!��''ti"��sY'.�R-r,ti.!"�x ;d ..'i _.. .... 1ts Act or cc w1b_- i47.a .�� saa . . .,� ..feet,�Sr4�8,.`���;..t~.4ns�•l;t.r30'��©�tl.tl�l:'t.l 114ASSACHUSE'I'TS QUITCLAIM DEED We, Lewis J.Jones and Beverly M.Jones,Trustees of the Jones Realty Trust under a Declaration of Trust dated January 12,2002 and recorded with Essex North District Registry of Deeds in Book 6625 Page 105,both of Nbath Andover,&sex County,Massachusetts, in consideration of One Million Three Hundred Thousand and 00/100($1,300,000.00)Dollars grant to Ry C�yali�,T_06rustee of the 166 Salem Street Realty Trust under Declaration of Trust dated. t 6 ,2007 and-recorded herewith, of 166 Salem Street, . North Andover, MA 01845 I with quitclaim covenants' tDcwdptionand emumbrwo*,ifany) PROPERTY ADDRESS: 1166 Salem Street,North Andover,MA 01.845 That certain parcel of land with the buildings thereon,situated on the northerly side of Salem Street In North Andover,Essex County,Massachusetts,and being shown as Lot B on a, plan of land entitled,"Plan of Land in North Andover,,Mass.Drawn for Lewis Jones 166 Salem Street,Nord,Andover,MA 01845 Scale: 1"=40'Date June 9, 1999 Merrimack Engineering Services 66 bark Street Andover,Massachusetts 01810",which plan is recorded with Essex North District Registey of Deeds as Plan Number 13511,and reference may be had to said plan for a more particular description. i 00RTh 6. Town of North Andover 3 Office of the Planning Department Community Development and Services Division i ��SS'IIGHtf5���g Osgood Landing 1600 Osgood Street Building#20,Suite 2-36 P(9 7$)688-9535 North Andover,Massachusetts 01845 it(978)688-9542 Tom Urbelis, Esq. Urbelis and Fieldsteel, LLP 155 Federal St. Boston, MA 02110 March 4, 2011 Tom, I have attached copies of three deeds for a subdivision that was approved by the Planning Board. The deeds have been drafted by Ray Vivenzio, attorney for the property owner, Jack Cahill. The provisions in the deed should address conditions #3 and #6 in the Subdivision Decision. I have enclosed a copy of the Subdivision Decision and a draft of the deeds from Attorney Vivenzio. Let me know if you think the deeds satisfy the terms of the decision. Thanks for your help. Sincerely, Judy Tymon, Town Planner Attachments: Definitive Subdivision Decision Draft Deeds for Lots BOARD OF APPEALS 688-9541 'BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 I III �� k RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 (978) 686-4041 FAX (978) 794-2088 attyrvivenzio@hotmail.com March 4, 2011 Ms. Judith Tymon, Town Planner TOWN OF NORTH ANDOVER 1600 Osgood Street North Andover, MA 01845 RE: 166 Salem Street Realty Trust Dear Ms. Tymon; This office represents 166 Salem Street Realty Trust with respect to the March 16, 2009 decision of the North Andover Planning Board. Reference is made to those portions of the decision dealing with restrictions and obligations imposed by the Board concerning the private roadway, no further subdivision, and maintenance of the roadway. I enclose herewith three (3)proposed deeds, one (1) for each lot in the subdivision, and would ask that you forward them to Town Counsel for his approval, as required in the decision. If approved, these would be the deeds that will be recorded at the time the lots are sold. I believe these deeds fully address the issues and subject the land in question to the obligations imposed by the Board. Please note that the maintenance obligation is a covenant running with the land. Thank you for your anticipated prompt attention to this matter. Sincerely lr- Raymond A. Vivenzio Enclosures cc: Mr. John Cahill QUITCLAIM DEED Ryan Cahill, Trustee of the 166 Salem Street Realty Trust u/d/t dtd 10/26/07 and recorded with the Essex North District Registry of Deeds at Book 10952, Page 178,of North Andover, Essex County,Massachusetts in consideration of grants to with quitclaim covenants The land in North Andover, Essex County, Massachusetts shown as Lot 1 A on a 'plan of land entitled"Definitive Subdivision Plan for the `Captain Nathaniel Berry Homestead' located in North Andover,Mass." Record Owner&Applicant :166 Salem Street Realty Trust, dated July 23, 2008,last revised 2/17/09, and recorded with the Essex North District Registry of Deeds as Plan No. Said Lot 1A contains 25,000 s.f,more or less, and is bounded and described more particularly on said plan, to which reference is hereby made. The premises hereunder are conveyed subject to the perpetual restriction that they shall never be fiuther divided nor sub-divided. Grantees for themselves, their heirs,-successors and assigns, acknowledge and accept the further restriction that Lydia Lane,as shown on the said Definitive Subdivision Plan;is a private roadway and,pursuant.to the requirements of the North Andover Planning Board as set forth in its decision dated March 16,2009, said roadway will never be maintained by the Town of North Andover nor accepted as a public way in said town. Together with a right-of-way over Lydia Lane, as shown on said plan, to use said private roadway in common with others entitled thereto for ingress and egress to the premises from Salem Street, and for all other purposes for which private roadways are commonly used. Said right-of-way shall be appurtenant to the premises being conveyed -- hereunder and-shall never be-separated-therefrom: Appurtenant to the grant of the premises hereunder and the right-of-way as described herein, is the obligation to forever maintain the said Lydia Lane in good and passable condition, and the two (2) " Rain Gardens", so-called. Said maintenance obligation shall include, without limitation, snow plowing, snow removal, surface repairs and repaving This maintenance obligation shall be shared equally by the owners of the three(3) lots shown on the said Definitive Subdivision Plan for"The Captain Nathaniel Berry Homestead"located in North Andover, Mass., and shall constitute a covenant running with the land. A vote of all of the owners of two (2) of the three(3) said lots concerning matters of maintenance of said Lydia Lane and said rain gardens shall be final, binding and conclusive on all of the three (3) lot owners, and any unpaid and overdue assessment shall be assessed and levied against the owner of thee-defcient lot or lots in the same manner as a lien under Chapter 183A of the General Laws of Massachusetts. The premises conveyed hereby constitute a portion of the premises conveyed to the grantor herein by deed of the Jones Realty Trust, recorded with said Registry at Book 10952, Page 185. The undersigned certifies that he is the sole Trustee of the 166 Salem Street Realty Trust,that the trust is in full force and effect and has not been amended or revised, except as of record, and has not been revoked, and that he has full power and authority and has been directed by the beneficiaries to execute and deliver the within deed on behalf of the trust, and to sign any and all other related documents in order to effectuate the sale to the named grantees for the consideration stated herein. I EXECUTED as a sealed instrument this day of , 2011 i 166 Salem Street Realty Trust Ryan Cahill, Trustee The Commonwealth of Massachusetts Essex, ss. 2011 Then personally appeared the above-named Ryan Cahill,Trustee as aforesaid, and he acknowledged that he executed the within instrument freely and voluntarily for the purpose therein stated, before me. I.D. Raymond A. Vivenzio Notary Public My commission expires:10-1-15 i i i i i I QUITCLAIM DEED Ryan Cahill,Trustee of the 166 Salem Street Realty Trust u/d/t dtd 10/26/07 and recorded with the Essex North District Registry of Deeds at Book 10952,Page 178,of North Andover,Essex County,Massachusetts in consideration of grants to with quitclaim covenants The land in North Andover,Essex County, Massachusetts shown as Lot 2A on a plan of land entitled"Definitive Subdivision Plan for the `Captain Nathaniel Berry Homestead' located in North Andover,Mass."Record Owner&Applicant :166 Salem Street Realty Trust, dated July 23, 2008, last revised 2/17/09, and recorded with the Essex North District Registry of Deeds as Plan No. Said Lot 2A contains 33,421 s.£, more or less, and is bounded and described more particularly on said plan, to which reference is hereby made. The premises hereunder are conveyed subject to the perpetual restriction that they shall never be further divided nor sub-divided. Grantees for themselves, their heirs, successors and assigns, acknowledge and accept the further restriction that Lydia Lane, as shown on the said Definitive Subdivision Plan, is a private roadway and, pursuant to the requirements of the North Andover Planning Board as set forth in its decision dated March 16, 2009, said roadway will never be maintained by the Town of North Andover nor accepted as a public way in said town. use To ether with a right-of-way over Lydia Lane, as shown on said pant Q the private roadway in common with said g others entitled thereto for ingress an egress premises from Salem ivate roadways are the premises Street, and for all other purposes for which p being conveyed commonly used. Said right-of-way shall be appurtenant to hereunder and shall never be separated therefrom. Appurtenant to the grant of the premises hereunder and the right-of-way as o forever maintain the said Lydia Lanni anca and described herein, is the obligation t passable condition, and the two (2) "Rain Gardens", so-called. Said ma limitation, snow plowing, snow removal, surface repairs obligation shall include,without and repaving This maintenance obligation shall be shared equally by the owners ri t e three(3) lots shown on the said Definitive Subdivision Plan for The Captain Nat y Homestead" located in North Andover,Mass., and shall constitute a covenant running with the land. A vote of all of the owners of two (2) of rehethree 3) saidshall final,b ots concerning matters of maintenance of said Lydia Lane and said ra gardens ding and conclusive on all of the three (3) lot owneer�f���any rcrent lot n paid 1 lots in he sameoverdue shall be assessed and levied against the own manner as a lien under Chapter 183A of the General Laws of Massachusetts. The premises conveyed hereby constitute a portion of the premises conveyed at Book the grantor herein by deed-of the Jones Realty Trust, recorded with saidRegistry 10952,Page 185. The undersigned certifies that he is the sole Trustee ee not been the 166 Salem Street revised, Realty Trust,that the trust is in full force and effect and except as of record, and has not been revoked, and that he has fullpower nd n deed authority and has been directed by the beneficiaries to execute and deliver on behalf of the trust, and to sign any and all other related documents in order to effectuate the sale to the named grantees for the consideration stated herein. i EXECUTED as a sealed instrument this day of , 2011 166 Salem Street Realty Trust Ryan Cahill, Trustee The Commonwealth of Massachusetts Essex, ss. 2011 Then personally appeared the above-named Ryan Cahill, Trustee as aforesaid, and he acknowledged that he executed the within instrument freely and voluntarily for the purpose therein stated, before me. I.D. Raymond A. Vivenzio Notary Public My commission expires:10-1-15 t QUITCLAIM DEED Ryan Cahill,Trustee of the 166 Salem Street Realty Trust a/d/t dtd 10/26/07 and recorded with the Essex North District Registry of Deeds at Book 10952, Page 178, of North Andover,Essex County, Massachusetts in consideration of grants to with quitclaim covenants The land in North Andover,Essex County,Massachusetts shown as Lot 3 on a plan of land entitled"Definitive Subdivision Plan for the `Captain Nathaniel Berry Homestead' located in North Andover,Mass."Record Owner&Applicant :166 Salem Street Realty Trust, dated July 23, 2008, last revised 2/17/09, and recorded with the Essex North District Registry of Deeds as Plan No. Said Lot 3 contains 57,488 s.f.,more or less, and is bounded and described more particularly on said plan, to which reference is hereby made. The premises hereunder are conveyed subject to the perpetual restriction that they shall never be further divided nor sub-divided. Grantees for themselves, their heirs, successors and assigns,acknowledge and accept the further restriction that Lydia Lane, as shown on the said Definitive Subdivision Plan, is a private roadway and, pursuant to the requirements of the North Andover Planning Board as set forth in its decision dated March 16,2009, said roadway will never be maintained by the Town of North Andover nor accepted as a public way in said town. i i Together with a right-of-way over Lydia Lane, as shown on said plan,to use said private roadway in common with others entitled thereto for ingress and egress to the premises from Salem Street, and for all other purposes for which private roadways are commonly used. Said right-of-way shall be appurtenant to the premises being conveyed hereunder and shall never be separated therefrom. Appurtenant to the grant of the premises hereunder and the right-of-way as described herein, is the obligation to forever maintain the said Lydia Lane in good and passable condition,and the two (2) "Rain Gardens", so-called. Said maintenance obligation shall include, without limitation, snow plowing, snow removal, surface repairs and repaving This maintenance obligation shall be shared equally by the owners of the three (3) lots shown on the said Definitive Subdivision Plan for"The Captain Nathaniel Berry Homestead" located in North Andover, Mass., and shall constitute a covenant running with the land. A vote of all of the owners of two (2) of the three (3) said lots concerning matters of maintenance of said Lydia Lane and said rain gardens shall be final, binding and conclusive on all of the three (3) lot owners, and any unpaid and overdue assessment shall be assessed and levied against the owner of the deficient lot or lots in the same manner as a lien under Chapter 183A of the General Laws of Massachusetts. The premises conveyed hereby constitute a portion of the premises conveyed to the grantor herein by deed of the Jones Realty Trust, recorded with said Registry at Book 10952, Page 185. The undersigned certifies that he is the sole Trustee of the 166 Salem Street Realty Trust, that the trust is in full force and effect and has not been amended or revised, except as of record, and has not been revoked, and that he has full power and authority and has been directed by the beneficiaries to execute and deliver the within deed on behalf of the trust, and to sign any and all other related documents in order to effectuate the sale to the named grantees for the consideration stated herein. i I i I i EXECUTED as a sealed instrument this day of , 2011 166 Salem Street Realty Trust Ryan Cahill, Trustee The Commonwealth of Massachusetts Essex, ss. 2011 Then personally appeared the above-named Ryan Cahill,Trustee as aforesaid, and he acknowledged that he executed the within instrument freely and voluntarily for the purpose therein stated, before me. I.D. Raymond A. Vivenzio Notary Public My commission expires:l0-1-15 RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSAC14USETTS 01845 (978) 686-4041 FAX (978) 794-2088 attyrvivenzio@hotmail.com May 26, 2011 Ms. Judith Tymon, Town Planner TOWN OF NORTH ANDOVER 1600 Osgood Street North Aridover, MA 011,821.5 RE: 166 Salem Street Realty Trust Dear Ms. Tymon; I have recorded the following documents at the Registry of Deeds today, viz. 1) Planning Board Decision on Definitive Subdivision Plan-Book 12498, Page__57 2) Planning Board Decision on Watershed Special Permit-Book 12498, Page 66 3) Form I Covenant-Book 12498,Page 73 4) Form M Conveyance of Easements and Utilities-Book 12498, Page 80 The first page of each of these recorded documents is enclosed herewith. Also, all seven pages of the plan have been recorded as Plan No. 16459. A copy of the recording receipt from the Registry of Deeds is also enclosed, and all documents may be viewed online. Please call me if you have any questions. Sincerely, Raymond A. V ivenzio Enclosures cc: Mr. John Cahill i { �16RTp 12498 P973 --26--201 1 ar 10 = 23ci * �n 3ACHU PLANNING DEPARTMENT Community Development Division Form I - COVENANT 3 KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned has submitted an application,dated R 3 ,2009 to the North Andover Planning Board for approval of a Definitive Plan of a certain subdivi ion bearing the name of C Apf rJ .L„k L _fie y 964estrA.8 _, and has requested that the Board approve such plan without requiring a performance bond, THIS AGREEMENT WITNESSED THAT,for the consideration that the North Andover Planning Board waive the aforesaid requirement for a bond,the undersigned covenants and agrees with the Town of North Andover as follows: 1.The undersigned will not sell any lot until the work on the ground necessary to serve such lot adequately has been completed in the manner required in the aforesaid application,and in accordance with the covenants,conditions and agreements thereof,(except for the following particular Items of work,the performance of which shall be exempt from the conditions of this oontract): PLAt�f As pWigI �1 d� M1A2c1-t l iO l o�tao� 2.The undersigned agrees to record this agreement in North Essex Registry of Deeds as required by the Rules and Regulations of the North Andover Planning Board. 3.The undersigned agrees that this contract shall be binding upon his/her heirs,executors,and administrators,and particularly upon any grantees of the undersigned. It is the intention of the undersigned, and it Is hereby understood and agreed,that this contract shall constitute a covenant running with the land.Lots within the subdivision shall respectively be released from the foregoing conditions hereof upon the recording of a certificate of performance executed by a majority of said Planning Board which certificate shall enumerate the specific lots to be so released. There are no mortgages of record or otherwise on any of the land in the aforesaid subdivision except as described be ow and the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. IN WITNESS WHEREOF,the undersigned, applicant as aforesaid, does hereunto set hislher hand and seal this ea's day of ,20.jL. Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2.36 Planning Dept.,Massachusetts 01845 Phone 970.688.9535 Fax 978.688.9542 Web www.lownofnorlhandover.com Edged 7/30/Y007 h Bk 12498 Pg74 #11956 Description of Mortgages(Give complete names and Registry of Deeds reference): Mortgage dated October 26 2007 to northern Bank & Trust Company in the on inal rincipal amount of $800,000.00 recorded with -the Essex North District Reizistry of Deeds in Book 10952 Wage 189. Assents of Mort apes Norther n & Trust Com By: n Marquis, Vice President COMMONWEALTH OF MASSACHUSETTS Date �aw. as. aocI 1 AN . CANt1LE, P 'nt na Then personally appeared the above-named �-4fr and acknowledged the foregoing instrument to be his/her free act and diWd before me. Notary' ublic LINDA SAITTA My Commission !=x fires: NOTARY PUBLIC p DMNWEALTH OF MASSAMErrS Icy COMMISSION EMRES fl3JM013 Commonwealth of Massachusetts Middlesex, ss: On this J-011day of , 2011, before me, the undersigned notary public, personally appeared Kevin Marquis, Assistant Vice President of northern Bank & Trust Company, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, i such c ity. Nottw ublic RONi„M5ELL NOTARY PUBLIC VIhtII4lIYVEALTH OF IMASSACHUSEM Cow&Slotj WIRES JOUARY 21,2017 Page 2 of 2 1600 Osgood Street,North Andover,11Idg.20,Suite 2-36 Planning Dept.,6tossachasefls 01845 Phone 918.608.9535 Fox 978.688,9542 Web www 1oWn0northandovemom i i I 1 { of AORTH rya O r. ON I Tin 9SS�cµUSq PLANNING DEPARTMENT Community Development Division Form M -- CONVEYANCE OF EASEMENTS AND UTLITIES lib 5►ac 5TkrAV-'I '2c f,, (Name of owner) of 166 SAt-"„ S`lyo Amo(address) County, Massachusetts for the consideration of -�-' , hereby grants, transfers and deliver unto the Town of North Andover, a municipal corporation in Essex County, the following: A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (1)a sanitary sewer or sewers with any manholes, pipes, conduits, and other appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and (3)a covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes, in, through, and under the whole of , dated J-111Y R& 2&Idl , said plan is made and said plan is incorporated herein for a complete and details description of said roads. I-hr e`/� l*9 N,#Tl-,#At1rG sale ' eiilorl- of ,l'lld Y111iMolY B. The perpetual rights and easements to use for 4S PlR 1YW-4/1;ye NUJ, EC!f/��(describe use/purpose)the following parcel of land situated on X41fM- (Street) in said Town of North Andover and bounded and described as follows: The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it) has good title to transfer the same, and that he will defend the same against claims of all persons. For grantor's title see deed from JO-NEf W ITYTkUSTdated /D-�d , 200/", and recorded in 6X �FX a District Registry of Deeds, Book&2fAS- , Page fS"- ,or under Certificate of Title No. registered in District of the Land Court, Book , Page This is not a homestead property, To be completed if a mortgage exists: And Northern Bank & Trust company the present holder of a mortgage on the above described land, '. which mortgage is dated October 26 , 20 07, and recorded in said Deeds, Book_ 10952 , Page 189 , for consideration paid, hereby releases unto the Town forever from the operation of said mortgages, the rights and easements herein above granted and assents thereto. ! y Norther Bank & Trust Company i�� S�L1�M S` 1 C-r —r(LA4.5+ thorized sl a ure o ortgage 0 r By:. Kevin Marq 's 4ssistant V c IN WITNESS WHEREOF we have hereto set our hands and seal this cR! T� day ofM�, 20 f! , Page 1 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01045 Phone 978,688.9535 Fax 978.688,9542 Web www.lownofnorthandover.com Edited 8/1/07 ri COMMONWEALTH OF MASSACHUSETTS Then personally appea ed the above named L ry( —.and acknowledge the foregoing to be free act an ,before nee. Notaq public My Commission Expires: LINDA SAIT'A bIt NQTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS iSSION EXPIRES 03/2912013 ' i1►ry6P a-rPTPssfr�o��6I�I�.KaVh . NOTE:This conveyance is not effectivo until accepted by Town Meeting. Commonwealth of Massachusetts Middlesex, ss: On this )0 day of ax, 2011, before me, the undersigned notary public, personally appeared Kevin Marquis, Assistant Vice President of Northern Bank & Trust Company, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is .signed on the preceding or attached documgnt, and acknowledged- to me that he signed it voluntarily for its stated rpose, n such capacity. Notary Public a SHARON L,RUSSELL NOTARY PUBLIC 3 COMMONWEALTH OF MASSACHUSETTS • • -�� MY COMM ISSION EXPIRES JANUARY27,2017 �*�o�t bb�Yyk 'PA fKtiil RR y�' T Olt �y "SA tjs� PLANNING DEPARTMENT Community Development Division Form M — CONVEYANCE OF EASEMENTS AND UTLITIES &6 At CM S+AAtrV„ ,T�Xf. (Name of owner)of 146 SAL 5" No Aevq(address) County, Massachusetts for the consideration of �-- , hereby grants,transfers and deliver unto the Town of North Andover, a municipal corporation in Essex County, the following. A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (1) a sahitary sewer or sewers with any manholes, pipes, conduits, and other appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes, in, through, and under the whole of* , dated s l/ 224W , said plan is made and said plan is incorporated herein for a complete and details description of said roads. n f" NATIUNIF1 AF&I ell fTFAd f'�dd�y%siars� B. The perpetual rights and easements to use fory3f PAR 9A4101V6? (describe use/purpose) the following parcel of land situated on _ .S"ALFM (Street) in said Town of North Andover and bounded and described as follows; The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances,that he (it) has good title to transfer the same, and that he will defend the same against claims of all persons. For grantor's title see deed from '.-ONEf-WO W ffrdated /0-a?6' , 20 09, and recorded in FJXr yg District Registry of Deeds, Book C.t:- ., Page_ ,J S- , or under Certificate of Title No. , registered in District of the Land Court, Book , Page This is not a homestead property, To be completed if a mortgage exists; And—N-Qrthern__Bank & Trust Company the present holder of a mortgage on the above described land, which mortgage is dated October 26 , 20 07, and recorded in said Deeds, Book 10952 , Page 189 , for consideration paid, hereby releases unto the Town forever from the operation of said mortgages, the rights and easements herein above granted and assents thereto. Norther Bank & Trust Company 1(a�p Sr'1C M S" t' (�- ` r(L'4-!'+ Vrized si a ure o ortgage 0 r Byt. Kevin Marq s ,assistant V IN WITNESS WHEREOF we have hereto set our hands and seal this oR:5 r� day of�, 20-U—. Page t 1600 Osgood Street,North Andover,81dg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978,680.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 Print Form I �ortrH 0 M „ Fhh be '�,q °+,..p.•*gay SS aCMOs PLANNING DEPARTMENT Community Development Division Form J— LOT REA LEASE The undersigned being a majority of the Planning Board of the Town of North Andover, MA hereby certify that the requirements for work on the ground called for by the Conditional Approval dated Vch 16 , 20AT and recorded in Essex North District Registry of Deeds, Book Pi- , Page It! q r registered in ----- Land Registry District as Document No. , and noted on Certificate of Title No. , in Registration Book — , Page ) have been completed to the satisfactiof�] of the Planning Board as to the following s enumerated lots shown on Plan entitled'Yhe & anid e e I��Y eslead " recorded with said Deeds, Plan Book PL , Plan 15q , (or registered in said land Regisq District, Plan Book - , Plan )and said lots are hereby released from the restrictions as to sale and building specified thereon. Lots designated on said Plan as follows: t-O a A (To be attested by a Registered Land Surveyor) I hereby certify that lot number(s) Z9 on ky d' kalhe_ �.Street(s) do conform to layout as shown on Definitive Plan entitle Section Sheet(s) t ff' �r..:�c i �) y MICHA L ��, ��- r)J VG JAG V�S � J. pl a-o f�L " �'rhe ea fain sG� N Registered La urveyor 33�91 .� 6e►wy C-�am&-shad Ma' ty 9f Pe Pl ing Board of North Andover COMMONWEALTH OF MASSACHUSETTS f / Dale Then personally appeared the above-named <— and acknowledged the foregoing instrument to be his/her free act and deed before me. Leeson t Vic'MY �t ROFWss+�+ OT6�+n►e,�ry i�,aots1600 Osgood Sireat,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Ma Phone 978.689.9535 Fox 978.68B.9542 Web wwv0ownofnor1handovor.(on) Edited 8/1/07 NORTH .7-4 7-.3 '3 A- 1 4,15 0 4, 2 0 12 0 All" SACH 6 PLANNING DEPAItTMENT Comm mity Developme it Division Form J — LOT RHILEASE The undersigned being a majority of the Planning Board of the Tow ii of North Andover, MA hereby certify that the requirements for work on the ground called for by the Conditional A prova?dted 03a rij P) ,1,�z 4>�"20 and recorded in Essex North District Registry of Deeds, Book tge (or registered in Land Reqistry District as Document No. , and noted ()n Certificate of Title No. in Registration Book— — -— Page— ) have been completed t the atisfaction of the Plannin Board as tq the fojlowing enumerated Vs shown on Plan entitled Jnecjal C,4' it J*qff&f6 qVith said P,g. Deeds, Plan Book—, Plan—, (or registered in said Land Registry District, Plan Book , Plan ) and said lots are hereby released from the restrictions at to sale and building specified thereon. Lots designated on said Plan as follows: ... 4,0-1. -4 (To be attested by a Registered Land Surveyor) I hereby certify that lot number(s) S on 'S Street(s) do conform to la out as shown on Definitive Plan entitled C )AT f5r'-2a Section 0*7o:OL)2Z Sheet(s) 0 Registered L*d Surveyor Majo nnip Board of North Andover 4Z COMMONWEALTH OF MASSACHUSETTS Date �k�vsr Then personally appeared the above-named 10—dIv— and acknowledged the foregoing instrument to be his/her free act and deed before me. 111 �/w_w — JEAN P ENRIGHT 12ol /�iv Notary pudic N#� of comn ionwedthmm of M Mis sion Expires: OLT Z' lycoks��A OCfObOt 6,2017 1600 Osgood Street,North Andover,Bfdg,20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web wwwAomofnorlhandovemorn Edited 8/1/07 i I ,' i fark 1 t��� Ps x 30 022-61 MASSACHUSETT5 STATE EXCISE TAX Ezspex Worth Resistrs Date: 10-07-n1314 & 02113pm CtIt. 325 Dort. 22615 Fee. $4r674.00 Cons: $17025000.130 Massachusetts Quitclaim Deed WE,JOHN P. CAHILL and PAMELA A.CAHILL, husband and wife, of North Andover, Essex County, Massachusetts for consideration paid in the amount of ONE MILLION TWENTY FIVE THOUSAND AND 00/100($1,025,000,00)DOLLARS grant to Richard S. Tilson and Jennifer Tilson Marin, husband and wife as Tenants by the Entirety, of 166 Salem Street,North Andover, MA owith Quitclaim Covenants b Q A certain parcel of land with the buildings thereon in said North Andover shown as Lot 2B on a plan entitled "Plan of Land Located In North Andover"prepared for John P. &Pamela A. Cahill, z 166 Salem Street in North Andover, Massachusetts dated September 26, 2014 and recorded in +; the Essex North District Registry of Deeds herewith. � � � � b-Z m Being a portion of the premises conveyed to John P. Cahill and Pamela A. Cahill by Ryan Cahill as Trustee of 166 Salem Street Realty Trust by deed dated March 13, 2014 and recorded with said Deeds in Book 13810,Page 288. u� The Grantors, John P. Cahill and Pamela A. Cahill, do hereby voluntarily release any and all homestead rights they may have in said property and do hereby affirm and state that no other individual has homestead rights in the said property, b a� a 0 Witness our hands and seals this day of October, 2014. (9 -1 cu) JO P. CAHILL PAMELA..A. CAHILL COMMONWEALTH OF MASSACHUSETTS ;SS On this day of October, 2014, before.me, the undersigned notary public, personally appeared John P. Cahill and Pamela A. Cahill,proved to me through satisfactory evidence of identification, which were on� r_- to be the person whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Volatir- Public i"V RDA SAITTA a 40 0 40 80 FT SCALE: 1" = 40' FYISTING 12' WATER MAIN EXISTING UP SEWER SERVICE LOT 2A #1388 s y� AREA = 33,421 S.F. EXISTING 4'CAS MAIN .A s FRONTAGE= 174_S7' \� EXISTING �? WATER sE EXISTING NOTE IF THE EXISTING SEWER BENCHMARK, TO REMAINAIN HOUSE f166 STUB IS FOUND TO BE INSTALLEO vs CUT SPIKE s£r m PROPOSED �s AT A SLOPE OTHER THAN ZOX, 24 MAPLE �z ADD1rrON THE INVERT ELEVATIONS OF THE ELEV. =222.30' :� :'•�:• (NcvD 192e) ������; REMAINDER OF THE SEWER SERVICE MUST BE ADJUSTED HANDICAP RAMP TER LOT 3 ACCORDINGLY.SE WA RVICE AREA =57,488 SP. - FRONTAGE= 125.01' PROS SMH 02 RIM=220,03 1NV 6`PVC AT INV S'PVC IN.:215.25 UA �.��. PROPp5E0 NODS£=217.00 INV 6'PVC OUT=21445#7369 -^�— f ,95 V 6'PVC, S= O.Or7r ��' �� f =227.0 f PROPosED sMH#r � cAs `6' RI:M s 2rS.S0 SERVICE \ GAR. FL& EXISTING SMH INV 6'"PVC IN=211.52 RIM = 219.69 INV 6'PVC OUT=211.42 INV 8'PVC = 2197 4 „ 1Nv 6-pm2r0.6f 6'PVC SEWER 2is LF 6"Pvc sE6r£R SEWER SERVICE MODIFICATION PLAN ��- f SERVICE SERVICE, S=0.0072 FOR f EXISTING 6"PVC LOTS 1A&3 ;. � , SEWER SERVICE STU w S PROPOSED HOUSE SE-OPE ! TOP FNO. AT 1 �'f =228.a THE CAPTAIN NATHANIEL BE 0.02w) \ \�`, +„ • GAR RR. UNDERGROUND BERRY HOMESTEAD ELECTRIC, UP , .� Q f =226.0 TELEPHONE, AND AT #139 o WATER sERvrcE CABLE UNES 0717.) BENCHMARK. '166 SALEM STREET f +ti CUT SPIKE SET IN U r L O T 1 A 3O"MAPLE IN AREA = 25,000 S.F. ELEV, w.\` 226.50' NORTH ANDOVER, MASS.f FRONTAGE= 135.84' NGV0 rs2S - DATE:AUGUST 18,2011 INV 6"PVC AT �.�'"'�� HOUSE 21400 � PROFESSIONAL ENGINEERS&LAND SURVEYORS �t t cslCHRISTIANSEN &SERGI, INC. 160 SUMMF_R STREET,HAVERHIL MASSACHUSE'i j 01830 � WWW.CSI-ENGR00M TELS78373-MlO FAX.978 372-39 6 0 DWG_ N0. 07.039012 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER,MASSACHUSETTS 01845-2909 BRUCE D. THIBODEAU,P.E. DIRECTOR Eugene P. Willis, M.S. PE o4 Hon*a Telephone(978) 685-0950 Director of Engineering Fax(978) 688-9573 P,'A 1...Y•x.�x y August 29, 2011 SRCHU9� North Andover Planning Board 1600 Osgood St. North Andover Re: Captain Nathaniel Berry Homestead subdivision sewer service modification Dear Board Members, I have reviewed plans by Christiansen &Sergi slated Aug. 18, 2001 to modify the proposed sewer service to lots 3 and 1A. The proposal eliminates the sewer connection in Salem St. for lot 3 and provides a common connection with lot 1A through a proposed SMH#1 (see attached plan). I offer the following comments: 1. The Sewer Dept. and the DPW support the proposed change. 2. The sewer services will be private. 3. There will be a homeowners association set up for the three lots to establish the maintenance responsibilities of the common driveway, rain gardens, utilities, etc. The deed restrictions and homeowner's association documents have been submitted to Judy Tymon and town counsel for review. These documents will be revised to include the common maintenance of the sewer service in question by the owners of Lots 1A and 3. 4. The easement language in the deed for Lot 1A will be changed to referefte that the easement across the front is a"Sight Distance& Utility Easement". 5. The right of way will be permanently private as per the Planning Board approval and deed restrictions Sincerely, Eugene P. Willis PE Town Engineer cc file, Tim Willett Water& Sewer Superintendent, Dan O'Connell PE Christiansen& Sergi 11/14/22, 11:36 AM Town of North Andover Mall-Amendment to the HOA for Lydia lane NORTH AKOPVER Jean Enright<jenright@northan dove rma.gov> Massaclius�tts ,.: Amendment to the HOA for Lydia Lane 1 message Fran Murphy <francis.murphy1@vefton.net> Fri, Nov 11, 2022 at 4:39 PM To: Jean Enright <jenright@northandoverma.gov> Cc: JOHN CAHILL <cahill.jack@comcast,not> Jean, The following is the language being added to the HOA to address the inclusion of the sewer service. Let me know if there are any questions on this item. John Morin is going to review the rain garden question and we hope to hear his feedback by Tuesday morning. Thanks, AMENDMENT TO DECLARATION OF LYDIA LANE HOMEOWNERS ASSOCIATION WHEREAS, WE, John P. Cahill, Pamela A. Cahill, Donald Felch, Stacy Williamson, Carson Wooten and Devin Markinson are the record title holders of Lot 3A on Plan# 17162 by deed recorded at Book 13810 Page 288, Lot 2B on Plan# 17162 by deed recorded at Book 17395 Page 214 and Lot 1A on Plan # 16459 by deed recorded at Book 17566 Page 128 respectively. WHEREAS, the above referenced lots are subject to the terms and conditions of the Declaration of the Lydia Lane Homeowners Association which are recorded at the Essex North Registry of Deeds at Book 14386 Page 174. WHEREAS, We are the Declarant according to the terms of the Lydia Lane Homeowners Association and wish to amend the terms of the Declaration of the Lydia Lane Homeowners Association. NOW, THEREFORE, We, as the Declarant of the Lydia Lane Homeowners Association hereby amend Section three (a) as follows; ( a) maintain the private roadway shown as Lydia Lane on said Plans, including, without limitation, snow plowing, snow removal, surface repairs and repaving and maintenance of the sewer system servicing the premises. https://mai l,goegle.comlmai llu/01?ik=7c2eff6265&view=pt&search=all&perinthid=thread-f%3A1749237377902342739&si mpl=msg-f%3A17492373779... 1/2 11/14122, 11:36 AM Town of North Andover Mail-Amendment to the HOA for Lydia Lane IN WITNESS WHEREOF, the Declaration has caused these By-Laws to be amended this day of November, 2022. Fran Murphy Mobile: 508-662-6134 https://mall.google.com/mai I/u/01?i k=7o2eff6265&view=pt&search=all&permthid=thread-f%3A1749237377902342739&simpl=msg-f%3A17492373779... 212 Bk DECLARATION OF LYDIA LANE HOMEOWNERS ASSOCIATION WHEREAS, We,John P. Cahill,Pamela A. Cahill, Richard S.Tilson and Jennifer Tilson Marin, (collectively referred to herein and in the By-Laws as the"Declarant") are the record title owners of certain land shown on two plans entitled"Defirative Subdivision Plan `The Captain Nathaniel Berry Homestead' North Andover,Mass.," recorded at the Essex North District Registry of Deeds as Plan No. 16459, as that Plan may be amended and plan entitled"Plan of Land Located In North Andover, MA., prepared.for John P. &Pamela A. Cahill"recorded at the Essex North District Registry of Deeds as Plan No. 17162, as that Plan may be amended(said plans collectively referred to herein and in the By-Laws as the"Plan"). For Declarant's Title see deeds recorded with said Registry of Deeds in Book 13810,Page 288, and Book 14004, Page 130. WHEREAS,the Declarant desires to establish a Homeowners' Association and By-Laws all in connection with the said land and development shown on the Plan. NOW,THEREFORE, the following is hereby declared: I. The Declarant hereby submits to this Declaration the land described on the aforesaid flan. 2. There is hereby established the Lydia Lane Homeowners' Association (referred to herein and in the By-Laws as the"Association"), The owners of lots shown on the aforesaid Plan shall have certain rights to control the Association as provided in the By-Laws referred to herein. 3. The sole purpose of the Association shall be to: (a) maintain the private roadway shown as Lydia Lane on said plan, including,without limitation, snow plowing, snow removal, surface repairs and repaying, (b) to take all actions necessary to effectuate this purpose of the Declaration. 4. The Lydia Lane Homeowners' Association and each of the owners of Lots on the Plan(and their heirs, successors and assigns in interest) shall hold harmless, defend and indemnify the Town of North Andover and its employees and agents from any responsibility,liability and claims arising out of or related to the maintenance of Lydia Lane. The Town of North Andover shall at no time have any responsibility or liability for the maintenance and operation of the above referenced private roadway. In the event that the Lydia Lane Homeowners' Association fails to property maintain the roadway and the Town of North Andover is called upon to perform any work in or on the same in order to ensure their proper operations and functioning,the Bk 14386 Pg175 #24706 Association and each of the owners of Lots on the Plan(and their heirs, successors and assigns) shall reimburse the Town for all such expenditures and the Town shall have the right to use all such legal procedures allowed it under law to secure such reimbursement. The Association and each of the owners of the lots in the Association(and their heirs,successors and assigns) hereby consent to the Town of North Andover having the right, after fourteen days written notice to the Association and each of the lot owners, to place a lien upon their property for all such reimbursed expenditures. The Association Board of Directors,or its agents,may execute a certificate as to the status of unreimbursed expenditures to the Town of North Andover and third parties dealing with said Association shall be able to,rely upon the expenditures to the Town of North Andover for all purposes including conveyancing purposes. There is hereby granted to the Inhabitants of the Town.of North Andover, an easement over all of said land described on the plan to maintain and repair the private roadway if necessary;however, all financial responsibility for any such repairs and maintenance shall be solely that of the Association and all lot owners by virtue of their interest in said Association. 5. As set forth immediately above, the maintenance and upkeep of Lydia Lane shall be solely the responsibility of the Association and all lot owners by virtue of their interest in the Association. As set forth in Article V, Section 2 of the attached By-Law,the Declarant has deposited the sum of$100,00 in the Association's account; this account shall be Dept for the sole purpose of maintenance,repair and/or restoration of Lydia Lane. The said Article V of the By-Laws attached hereto also provides for the teems and method of assessments, and the method of drawing on such funds. No alteration of the private roadway known as Lydia Lane shall be made without the written approval of the North Andover Planning Department and procurement of applicable permits and approvals for any such alteration. 6. The Association shall hereby have any and all easements and rights of ways necessary to accomplish the purpose as described herein and shown on the Plan, and may hold or convey title to interests in real estate consistent with the purpose of the Association, 7. This Declaration is also for the benefit of the Town of North Andover, who acting through its Planning Board may enforce the obligations contained herein. This Declaration may not be modified or terminated without the approval of the North Andover Planning Board. 8. The Association shall have the right to make assessments against the Lot Owners for any costs incurred by the Association in connection with the purpose described above,on a pro rata basis among all of the Lot Owners. Any costs or expenses incurred as result of a Lot Owner's failure to pay assessments shall be assessed only against said Lot and Lot Owner. Bk 14386 Pg176 #24706 � 9. The Association shall establish such By-Laws for the conduct of the affairs of the Association as the Association shall, from time to time, determine. The initial form of By-Laws are attached hereto and made a part hereof IN WTINESS WHEREOF, John P. Cahill,Pamela A. Cahill,Richard S. Tilson and Tennifer Tilson Mann have hereunto to set their hand and seal this day offf�,��8 ;2015. N '?'/1 P ( � J// John P ahill Pamela A, Cahill Richard S. Tilson Je99ferTilson Marin COMMONWEALTH OF MASSAC14USF-TTS ESSEX,ss• �`G // 2015 Then personally appeared the above-named John P. Cahill and Pamela A. Cahill, as aforesaid, proved to me through evidence of identification, which was photographic identification with signature issued by a federal or state government agency, oath or affirmation of a credible witness,personal knowledge of the undersigned to be the persons whose names are signed on s /SM the preceding or attached document, and acknowledged to me that they .� signed it voluntarily for its stated purpose. Notary ubTis My 66mmission Expires; �1ir+rrnrrnrHr► `- y y { •` I r I tip . , o �3x• Bk 14386 Pg177 #24706 BY LAWS OF THE LYDIA LANE HOMEOWNERS ASSOCIATION ARTICLE I GENIis RAL PROVISIONS _ 1. PURPOSE: The administration of the Lydia Lan Homeowner's Association shall be governed by these By-Laws which are annexed to the Declaration of Lydia Lane Bomeowner's Association and made a part thereof,and all present and future owners of any lots within the subdivision("Lot Owners") shall be subject to these By-Laws, as well as to the Declaration and the Rules promulgated hereunder. 2. BY-LAWS APPLICABILTY: The provisions of these Bylaws are applicable to the land described herein,and shall be binding on all Lot Owners and future Lot Owners. The acceptance of a deed of conveyance of a Lot shall constitute an acknowledgement that such Lot Owner or future Lot Owner has accepted and ratified the Declaration, these By-Laws and any Rules promulgated hereunder, and will comply with therm, 3. OFFICE: The office of the Association and of the Board of Directors shall be located at the subdivision or at such other place as may be designated from time to time by the Board of Directors, ARTICLE IX LOT OWNERS' ASSOCIATION 1, COMPOSITION: All of the lot Owners shall constitute the"Association" which shall have the responsibility of administering the Declaration, establishing the means and methods of collecting assessments, and performing all of the acts that may be rewired to be performed by the Association. The administration of the Declaration shall be performed by the Board of Directors (as more particularly set forth in Article III). I Bk 14386 Pg178 #24706 2. VOTING: Each Lot shall be entitled to one vote in the Association. Since a Lot Owner may be more than one person, if oardy one person is present at a meeting of the Association,that person shall be entitled to cast the vote appertaining to that lot. But ffmore than one of the persons is present, the vote apperh ning-to that Lot shall be oast only in accordance with the agreement of a majority of them,and such consent shall be conclusively presumed if any one of thew purports to cast the vote appertaining to that Lot without protests being made forthwith by the others to the person presiding over the.meeting. As applied to a person which is not a natural person,the word"person"shall be deemed for the purposes of this section to include,without limitation,any one Natural person having authority to execute deeds on behalf of such person which is not a natwral person and which is,either atone or in conjunction with another person or persons,a Lot Owner. Except where a greater number is required by the Declaration or these Bylaws,a simple majority of votes of the Lot Owners present and in good standing and entitled vote shalt be decisive. ' 3. PLACE OF MEETING: Meetings of the Association shall be held at the subdivision or at such other suitable place as may be designated by the Board of Directors and stated in the notice of the meeting. 4. BOARD OF DIRECTORS; . Declarant shall call the first meeting of the Association for the purpose of election of the Board of Directors. Thereafter, each annual meeting shall be held within three (3) months of the anniversary date of the first annual meeting. The Board of Directors shall consist of three (3) members, each of whom shall serve one (1) year terms. The Board of Directors shall be elected by vote of the lot owners. S. SPECIAL MEETINGS: it shall be the duty oftbe President to call a special meeting of the Association if so directed by resolution of the Board of Directors or upon Bk 14386 Pgg179 #24706 a petition signed and presented to the Clerk by Lot Owners having not less than fifty(50)percent of the votes of all owners. The notice of any special meeting shall set forth the purpose thereof and business shall be transacted at a special meeting as stated in the notice. 6. NOTICE OF MEETING: It shall be the duty of the Clerk to mail.,by United States mail,return; receipt requested, a notice of each annual meeting or special meeting,at least twenty-one(21)days in advance of such meeting,stating the purpose thereof,as well ass the time and place where it is to be held,to each Lot Owner of record, at the address of their respective sots and at such other address as each Lot owner may have designated by notice in writing to the Secretary; provided, however,such notice maybe hand delivered by the Secretary or manager, if the Secretary or Manager obtains a receipt of acceptance of such notice from the Lot Owner. 7. 'VOTING REQUIREMENTS: A Lot Owner shall be deemed to be in good standing and entitled to vote at any annual meeting or at any special meeting of the Association if,and only if,he shalt.have fully paid all assessments made or levied and due against him or his Lot by the Board of Directors as hereinafter provided, together with all interest,costs,attorney's fees,penalties and other expenses,if any pioperly chargeable to him and against his Lot,at least three(3)days prier to the date fixed for such annual or special meeting. 8. PROMES: The vote appertaining to any Lot may be cast pursuant to a proxy executed by or on behalf of the Lot Owner or,where the Lot Owner is more than one person,by or on behalf of all such persons. 9. QUORUM: A quorum shall be deemed to be present throughout any meeting of the Lot Owners,until adjourned,if persons entitled to cast more than thirty three and one-third (33 11311/6)percent of the total votes are present at the beginning of'such meeting. 10. ORDER.OF BUSINESS: The order of business at all meetings of the Association may be as follows: (a)roll call; (b)recitation of proof of notice of meeting, (o) reading of minutes of preceding meeting; (d)reports of officers;(e)report of Board of Directors; (f)reports of committees; (g) election of directors, 3 Bk 14386 Pg180 #24706 if applicable;(h)turfuaished business;and(i)new business, any of which may be waived. 1 CONDUCT OF MEETING: The president, or his designated alternative, shall preside over all meetings of the Association and the Secretary shall keep the minutes of the meeting and shall record all transactions occurring and all resolutions adopted at the meeting. ARTICLE _M B2A)RDOV U MV TORS 1, POWERS AND DUTMS: The affairs and business of the Association shall be managed by a Board of Directors (sometimes hereinafter referred to as the"Board')which shall have all of the powers and duties necessary for the administration of the affairs of the Association and of all such acts and things as are specified in the Declaration. The Board of Directors shall have the power, from time to time,to adopt any Rules deemed necessary for the enforcement of the Declaration. no Board of Directors may delegate to one of its members the authority to act on behalf of the Board of Directors on all matters which might arise between meetings of the Board of Directors. In addition to the general duties imposed by these By-Laws,the Board of Directors shall have the power to,and be responsible for,the following: (a) preparation of an annual budget,in which there may be established the assessment of each Lot Owner; (b) making assessments against Lot Owners to defray the common expenses, f establishing the,means and methods of collecting such assessments, depositing the proceeds thereof in a bank depository which the Board shall approve,anal using the proceeds to carry out the purpose of the Declaration. Wess otherwise determined by the Board of Directors,the annual assessments against each Lot Owner for their proportionate share of the common expenses shall be payable in equal monthly Ir2sWhnents to be duo and payable in advance of the first day of each month for said month. The terpo,common expenses,shall include,but not be limited to the following: (i) all costs incurred in performing the maintenance in Section 3 of the Declaration;and (ii) any other actions authorized or taken pursmut to the Declaration or these By-Laws 4 Bk 14386 Pg181 #24706 (c) The Board shall establish a separate account for the sole purpose of the maintenance,repair,aadlor restoration of the detention basin and storm water drainage facility allda sediment forebay located on Parcel D. The assessments against each Lot Oymer for their share of this find shall be assessed pursuant to the terms of paragraph"b"above. (d) designating,luring and dismissing the personnel necessary for the maintenance of the Drainage Facility,and where appropriate,providing compensation of such personnel and for the purchase or use of equipment, supplies and material to be used by such personnel in the performance of their duties,which supplies and equipment, if purchased,shall be deemed the conunon property of the owners: (e) making and amending Rules respecting the provisions of the Declaration, these By-Laws and such Rules promulgated hereunder, and bringing any legal process which may be,authorized and instituted on behalf of the owners; (f) maintaining the books of account showing the receipt and expenditures of the Association. The said books shall be available for examination by the Lot Owners,their duly authorized agents or attorney,during general business hours on business clays;and (g) to do such other things and acts not inconsistent with the Declaration which it may be authorized to do by a resolution of the Association. ARTICLK TV OrIFICERS 1. DESIGNATION: Tho principal officers of the Association shall be a President,a Secretary- Clerk and a Treasurer,all of whom shall be elected by the Board. The Board may appoint assistants or such other officers as in its judgment may be necessary. With the exception of the President,no officer need be a member of the Board. The offices of the Treasurer and Secretary-Clem may be hold by the same person. 2. ELECTION OF OFFICBRS., The officers of the Association shall be elected annually by the Board of the organization meeting of each new Board,and skull hold office at the pleasure of the Board. Any vacancy in an office shall be filled by the Board at a regular meeting or a special meeting called for such purpose. 5 Bk 14386 Pg182 #24706 3, REMOVAL OF OFFICERS: The officers shall hold offlee until their respective successors are chosen and qualify in their stead. Any officer elected or appointed by the Board of Directors may be removed at any time by the affrrnative vote of a majority of the whole board,and his successor may be elected at any regular meeting of the Board, or at any special meeting of the Board called for such purposes. 4. PRESIDENT: The President shall be the chief executive officer;he or his designate alternate,shall preside at meetings of the Association and if present at meetings of the Board of Directors,and shall be an ex o#fxclo member of all committees;he shall have general and active management of the business of the Association and shall see that all order and resolutions of the Board are caused into effect, He skull have all of the general powers and duties which are usually vested in or incident to the office of the President of a stock corporation organized under the laws of the Commonwealth of Massachusetts. S, SECRETARY: The Secretary-Clerk, or his designated alternate,shall attend all meetings of the Boar of Directors and all meetings of the.Association,shall record the minutes of all proceedings in the Record Book of the Association shall perform like duties for committees when required. The Secretary shall keep the record book current and ire his custody. He shall give,or cause to be given,notice of all meetings of the.Association the Board and committees and shall perform such other duties as may be prescribed by the Hoard or President. The Secretary shall compile and keep current at the principal office of the Association a complete list of the owners and their last known post office address, This list shall be open to inspection by all Lot;Owners and other persons lawfully entitled to inspect the same at reasonable hours during regular business days. 6. TREASURER: The Treasurer shall have the custody of all funds and securities that are not under the control of the Manager,and with the assistance of the Manager, shall.keep full and accurate records of receipts and disbursements,shall prepare all required financial data, and shall deposit all monies and other valuable personal property in such depositories as may be designated by the Board,where possible,taking proper vouchers for such disbursements,and shall render to the President and Directors,at the regular meeting of the B'aard, or whenever they may require it,an 6 Bk 14386 Pg183 #24706 account of all his transactions as Treasurer and of the financial conditions of the Association. 7. AOREEMENTS,CONTRACTS,DEEDS, CHECK,ETC; All agreements,contracts,deeds,leases,checks,and other instruments of the Association for expenditures or obligations may be executed by any officer of the Association or by such other person or persons as may be designated by the Board of Directors. 8. COMPENSATION OF OFFICERS.- No officer shall receive any compensation from the Association for acting as such. ARTICLE V OPERATION OF THE PROPERTY l. DETERMINATION OF COMMON EXPENSES AND ASSESSMENTS AGAINST OWNERS: (a) Fiscal Year. The fiscal year of the Association shall be the twelve month period commencing on January I"of each year and terminating on December 31". The fiscal year herein established shall be subject to change by the Board of Director's. (b) Preparation and Approval of Budget. Each year the Board of Directors shall adopt a budget for the Association con aining an estimate of the total amount which it considers necessary to pay the costs of maintenance of the Drainage Facilities. Such budget shall also include such reasonable reserves the Board of Directors considers necessary to,provide general operating reserves and reserves for contingencies and replacements. The Board of Directors shall make reasonable efforts to send to each Lot Owner a copy of the budget,in a reasonably itemized form which sets forth the amount of the common expenses payable by each Lot Owner,at least fifteen(15)days in advance of the fiscal year to which the budget applies. 2. Deolarant has deposited the sum of$ 1ob,anin the.Association's account, All Owners shall be obligated to pay the common expenses assessed by the Hoard of Directors pursuant to the provisions of the Declaration and these bylaws. The Association account shall be maintained with a mmunum balance of not less than$100.00 at all times.No Lot Owner may exempt himself from liability for his contribution of the Maintenance Responsibility by abandonment of his Lot.No loot Owner shall be liable for the payment of any part of the common expenses assessed against laic 7 Bk 14386 Pg184 #24706 Lot subsequent to a sale, transfer or other conveyance by him of such Lot. The purchaser of a Lot or successor,owner by virtue of such transfer or other conveyance shall be jointly and severally liable with the selling owner for all unpaid assessments against the Lot expenses up to the time of conveyance, without prejudice to the purchasers' right to recover from the selling owner the amounts paid by the purchaser therefore;provided however,that any such selling owner or purchaser shall be entitled to a recordable statement from the Board setting forth the amount of unpaid assessments against the Lot conveyed, subject to a lien for any unpaid assessments in excess of the amount therein set forth;failure to furnish or make available such statement within twenty one (21)days from receipt of such request shall extinguish the lien for any unpaid assessments. Payment of fee often($ 10.00)dollars shall be required as a prerequisite for issuance of such statement. If a mortgagee of a first mortgage of record or purchaser of a Lot obtains title to the Lot as a result of foreclosure of first mortgage, or through the enforcement of any other remedies provided for in the mortgage,or by virtue of successors and assigns shall not be subject to a lien for the payment of common expenses assessed prior to a lien for the payment of common expenses assessed prior to the acquisition of title to such Lot by such mortgagee or purchaser pursuant to the aforesaid remedies. Such unpaid share of common expense assessed prior to the acquisition of title to such Lot by such mortgagee or purchaser pursuant to the aforesaid remedies shall be collectible from all owners, including, the purchaser or first mortgagee, in proportion to their respective votes in the Association. ARTICLE VI AMENDMENT TO BY-LAWS 1. AMENDMENTS: The Declaration and these By�Laws may be modified or amended either (a)by vote of at least seventy-five (75 )percent ofthe Lot Owners oast in person or by proxy at a meeting duly held in awordance with the provisions hereof, provided that notice of the proposed amendment shall have been given each Lot Owner simultaneously with the notice of such meeting;or(b)pursuant to a written instrument duly executed by at least 8. a Bk 14386 Pg185 #24706 seventy-five(75%) percent of the Owners,no amendment or modification shall compromise the proper maintenance of the private roadway. No modification or amendment shall be made to the provisions of the Declaration of Lydia Lane Homeowner's Association without prior approval of the North,Andover Planning Board, ARTICLE VXI RESOLUTION OF DISPUTES 1. Right to Arbitration: In the event of any dispute(i)between the Board of Directors,or(ii)between the Lot Owners, or(iii)between the Lot Owners and the Board of Directors (each a"Disputing Party"), as to any matter involving this Association,and where such dispute shall not have been resolved within fourteen days after notice thereof,then any of the Disputing Parties shall submit the matter to arbitration. 2. Selection of Arbitrators: The party desiring arbitration shall notify the other party ofMsfher intention in writing and shall name one (1) arbitrator. The other party shall respond in writing within fourteen(14) days with the name,of a second arbitrator. The two arbitrators shall then select a third arbitrator. 3. Arbitration Pxocedure: It shall be the duty of the three arbitrators so selected to settle the dispute brought before them. If any arbitrator refuses to appear at any meeting appointed by the arbitrators, a majority of two may act without the absent arbitrator, The decision of the arbitrators shall be binding and acted upon without unreasonable delay. Any arbitration conducted under the provisions of this Section shall follow the rules and procedures of the American Arbitration. Association. The cost of such arbitration shall be shared equally by all parties. IN WITNESS WHERBOV,the Declarant has caused these By-Laws to be executed this day of .,2015. Jo1w.P.ebw4b- ahill (i• Pamel A. Cahill r Richard S. Tilson i Je fer Til on Marin 9 Bk 14386 Pg186 #24706 r f COMMONWEALTH OF MASSACHUSETTS Essex, ss PI , 2015 On this j f day of 2015,before me,the undersi /rP ' notary public,personally appeared John P. Cahill and Pamela A. Cahill raved to me 't o o through satisfactory evidence of identification, which was .4& ,t_ /fr"X4,--• to be the person whose name is signed on the preceding document, and acknowledged to '"' me that they signed it voluntarily for its stated purpos Irk �✓rr1 Notary fi My mmission Expires: VA 110 r 9 Enri ht, Jean From: Enright,Jean Sent: Thursday, December 31, 2015 10:29 AM To: cahill.jack@comcast.net Cc: Enright,Jean Subject: 166 Salem Street Hi Jack, Just touching base regarding the requirement for residential sprinkler systems. You indicated you were going to request a waiver for this condition. As a reminder, a Certificate of Occupancy cannot be issued until this condition is either met or waived by the Planning Board. Please let me know if you have any questions. Thank you Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978,688.9533 Fax 978.688,9542 Email: ienright@townofnorthandover.com Web: www.TownofNorthAndover.com i 'IS DECLARATION OF LYDIA LANE HOMEOWNERS ASSOCIATION t WHEREAS, We,John P. Cahill, Pamela A. Cahill, Richard S. Tilson and Jennifer Tilson Marin, (collectively referred to herein and in the By-Laws as the "Declarant") are the record title owners of certain land shown on two plans entitled "Definitive Subdivision Plan `The Captain Nathaniel Berry Homestead' North Andover,Mass.," recorded at the Essex North District Registry of Deeds as Plan No. 16459, as that Plan maybe amended and plan entitled "Plan of Land Located In North Andover, MA., prepared for John P. &Pamela A. Cahill" recorded at the Essex North District Registry of Deeds as Plan No. 17162, as that Plan may be amended (said plans collectively referred to herein and in the By-Laws as the"Plan"). For Declarant's Title see deeds recorded with said Registry of Deeds in Book 13810, Page 288, and Book 14004, Page 130. WHEREAS, the Declarant desires to establish a Homeowners' Association and By-Laws all in connection with the said land and development shown on the Plan. NOW,THEREFORE, the following is hereby declared, 1. The Declarant hereby submits to this Declaration the land described on the aforesaid Plan. 2. There is hereby established the Lydia Lane Homeowners' Association (referred to herein and in the By-Laws as the"Association"). The owners of lots shown on the aforesaid Plan shall have certain rights to control the Association as provided in. the By-Laws referred to herein. 3. The sole purpose of the Association shall be to: (a) maintain the private roadway shown as Lydia Lane on said plan, including, without limitation, snow plowing, snow removal, surface repairs and repaying; (b) to take all actions necessary to effectuate this purpose of the Declaration. 4. The Lydia Lane Homeowners' Association and each of the owners of Lots on the Plan (and their heirs, successors and assigns in interest) shall hold harmless, defend and indemnify the Town of North Andover and its employees and agents from any responsibility, liability and claims arising out of or related to the maintenance of Lydia Lane, The Town of North Andover shall at no time have any responsibility or liability for the maintenance and operation of the above referenced private roadway. In the event that the Lydia Lane Homeowners' Association fails to property maintain the roadway and the Town of North Andover is called upon to perform any work in or on the same in order to ensure their proper operations and functioning, the E I Association and each of the owners of Lots on the Plan (and their heirs, successors and assigns) shall reimburse the Town for all such expenditures and the Town shall have the right to use all such legal procedures allowed it under law to secure such reimbursement. The Association and each of the owners of the lots in the Association (and their heirs, successors and assigns) hereby consent to the Town of North Andover having the right, after fourteen days written notice to the Association and each of the lot owners, to place a lien upon their property for all such reimbursed expenditures. The Association Board of Directors, or its agents, may execute a certificate as to the status of unreimbursed expenditures to the Town of North Andover and third parties dealing with said Association shall be able to rely upon the expenditures to the Town of North Andover for all purposes including conveyancing purposes, There is hereby granted to the Inhabitants of the Town of North Andover, an easement over all of said land described on the plan to maintain and repair the private roadway if necessary;however, all financial responsibility for any such repairs and maintenance shall be solely that of the Association and all lot owners by virtue of their interest in said Association. 5. As set forth immediately above, the maintenance and upkeep of Lydia Lane shall be solely the responsibility of the Association and all lot owners by virtue of their interest in the Association. As set forth in Article V, Section 2 of the attached By-Law, the Declarant has deposited the sum of$100.00 in the Association's account; this account shall be kept for the sole purpose of maintenance,repair and/or restoration of Lydia Lane. The said Article V of the By-Laws attached hereto also provides for the terms and method of assessments, and the method of drawing on such funds. No alteration of the private roadway known as Lydia Lane shall be made without the written approval of the North Andover Planning Department and procurement of applicable permits and approvals for any such alteration, 6, The Association shall hereby have any and all easements and rights of ways necessary to accomplish the purpose as described herein and shown on the Plan, and may hold or convey title to interests in real estate consistent with the purpose of the Association. 7. This Declaration is also for the benefit of the Town of North Andover, who acting through its Planning Board may enforce the obligations contained herein. This Declaration may not be modified or terminated without the approval of the North Andover Planning Board. S. The Association shall have the right to make assessments against the Lot Owners for any costs incurred by the Association in connection with the purpose described above, on a pro rata basis among all of the Lot Owners. Any costs or expenses incurred as result of a Lot Owner's failure to pay assessments shall be assessed only against said Lot and Lot Owner. 9. The Association shall establish such By-Laws for the conduct of the affairs of the Association as the Association shall, from time to time, determine. The initial form of By-Laws are attached hereto and made a part hereof. IN WTINESS WHEREOF, John P. Cahill, Pamela A. Cahill, Richard S. Tilson and Jennifer Tilson Marin have hereunto to set their hand and seal this day of.frpTi'Abl , 20t5. John P ahill A..& Z Pamela A�Cahill p', Ii Richard S. Tilson r Jeqlifer Tilson Marin COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. Then personally appeared the above-named John P. Cahill and Pamela A. Cahill, as aforesaid, proved to me through evidence of identification, which was photographic identification with signature issued by a federal or state government agency, oath or affirmation of a credible witness, personal knowledge of the undersigned to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. _ Notary a&Ic My commission Expires: 11"ffflfflll,,,+,. W y r +`` V`\��5 1S J�j••"�j 111 r (S ti avow. i i i I I i i 3 BY LAWS OF THE LYDIA LANE HOMEOWNERS ASSOCIATION ARTICLE I GENERAL PROVISIONS I. PURPOSE: The administration of the Lydia Lane Homeowner's Association shall be governed by these By-Laws which are annexed to the Declaration of Lydia Lane Homeowner's Association and made a part thereof, and all present and future owners of any lots within the subdivision ("Lot Owners") shall be subject to these By-Laws, as well as to the Declaration and the Rules promulgated hereunder, 2. BY-LAWS APPLICABILTY: The provisions of these By-laws are applicable to the Iand described herein,and shall be binding on all Lot Owners and future Lot Owners. The acceptance of a deed of conveyance of a Lot shall constitute an acknowledgement that such Lot Owner or future Lot Owner has accepted and ratified the Declaration, these By-saws and any Rules promulgated hereunder, and will comply with them. 3. OFFICE: The office of the Association and of the Board of Directors shall be located at the subdivision or at such other place as may be designated from time to time by the Board of Directors, ARTICLE II LOT OWNERS' ASSOCIATION L COMPOSITION: All of the lot Owners shall constitute the "Association" which shall have the responsibility of administering the Declaration, establishing the means and methods of collecting assessments, and performing all of the acts that may be required to be performed by the Association. The administration of the Declaration shall be performed by the Board of Directors (as more particularly set forth in Article III). I i i i i 2. VOTING: Each Lot shall be entitled to one vote in the Association. Since a Lot Owner may be more than one person, if only one person is present at a meeting of the Association, that person shall be entitled to cast the vote appertaining to that Lot. But if more than one of the persons is present, the vote appertaining to that Lot shall be cast only in accordance with the agreement of a majority of them,and such consent shall be conclusively j Presumed if any one of there purports to cast the vote appertaining to that Lot without protests being made forthwith by the others to the person presiding over the meeting. As applied to a person which is not a natural person, the word "person"shall be deemed for the purposes of this section to include, without limitation,any one natural person having authority to execute deeds on behalf of such person which is not a natural person and which is, either alone or in conjunction with another person or persons, a Lot Owner. Except where a greater number is required by the Declaration or these By-Laws, a simple majority of votes of the Lot Owners present and in good standing and entitled vote shall be decisive. ' 3. PLACE OF MEETING: Meetings of the Association shall be held at the subdivision or at such other suitable place as may be designated by the Board of Directors and stated in the notice of the meeting. 4. BOARD OF DIRECTORS: Declarant shall call the first meeting of the Association for the purpose of election of the Board of Directors. Thereafter, each annual meeting shall be held within three (3) months of the anniversary date of the first annual meeting. The Board of Directors shall consist of three (3) members, each of whom shall serve one (1) year terms. The Board of Directors shall be elected by vote of the lot owners. 5. SPECIAL MEETINGS: It shall be the duty of fhe President to tali a special meeting of the Association if so directed by resolution of the Board of Directors or upon 2 a petition signed and presented to the Clerk by Lot Owners having not less than fifty (50)percent of the votes of all owners. The notice of any special meeting shall set forth the purpose thereof and business shall be transacted at a special meeting as stated in the notice. 6. NOTICE OF MEETING: It shall be the duty of the Clerk to mail, by United States mail, return receipt requested, a notice of each annual meeting or special meeting, at least twenty-one(21) days in advance of such meeting, stating the purpose thereof, as well ass the time and place where it is to be held, to each Lo Owner of record, at the address of their respective Lots and at such other address as each Lot Owner may have designated by notice in writing to the Secretary; provided, however, such notice may be hand delivered b the Secretary or manager, if the Secretary or Manager obtains a recei t of acceptance of such notice from the Lot Owner. p 7. VOTING REQUIREMENTS: A Lot Owner shall be deemed to be in good standing and entitled to vote at any annual meeting or at any special meeting of the Association if, and only if,he shall have fully paid all assessments made or levied and due against him or his Lot by the Board of Directors as hereinafter provided together with all interest, costs, attorneys fees,penalties and other expenses, if any properly chargeable to him and against his Lot, at least three (3) days prior to the date fixed for such annual or special meeting. g 8, PROMS: The vote appertaining to any Lot may be cast pursuant to a proxy executed by or on behalf of the Lot Owner or, where the Lot Owner is more than one person, by or on behalf of all such persons. 9. QUORUM: A quorum shall be deemed to be present throughout Lot Owners, until adjourned, if persons entitle o cast moreet a of the three and one-third (33 113%)percent of the total votes are present afi�tithe begging of such meeting. 10. ORDER OF BUSYNESS: The order of business at all meetings of the Association may be as follows: (a)roll can; (b)recitation of'proof of notice of meeting; (c) reading of minutes of Preceding meeting; (d)reports of officers; (e)report _ of Board of Directors; (f)reports of committees; (g) election of directors, 3 I if applicable; h ( )unfinished business; and (i)new business, any of which may be waived. 11, CONDUCT OF MEETING: The President, or his designated alternative, shall preside over all meetings of the Association and the Secretary shall keep the minutes of the mee and shall record all transactions aceurriiig and all resolutions ado ting the meeting, pted at ARTICLE III' DA.RD OF DOCTORS 1. POWERS AND DUTIES, The affaks and business of the Association shall be managed by a Board of Directors (sometimes hereinafter referred to as the "Board') which shall have all Of the powers and duties necessary for the administration of the affairs of the Association and of all such acts and things as are specified in the Declaration. The Board of Directors shall have the power, from time to time, to adopt any Mules deemed necessary for the enforcement of the Declaration. The Board of Directors may delegate to one Of its members the authority to act on behalf of the Board of Directors on all matt which might arise between meetings Of the Board of Direct ers rs. Directors shall have the power to, and be respo ns addition to the general duties imposed by these By-Laws, the Board of o ible for, the following; (a) preparation of an annual budget, in which there maybe established the assessment of each Lot Owner, (b) making assessments against Lot Owners to defray the common establishing the means and methods of collecting such assessmentssenses, depositing the proceeds thereof in a bank depository which th approve, and using the proceeds to c out the a Board shall Declaration. Unless otherwise determined by the Board of f it annual assessments against each Lot Owner far their prop rtianate sharethe of the common expenses shall be payable?' equal r Pr installments be due and payable in advance of the first day of each month lments to month, The term common Expenses, shall include, but not be limited said the following; limited to 0) aII costs incurred in performing the maintenance in Sec ti'Declaration; and ne 3 of the (ii) any Other actions authorized or taken purs these By-Laws uant to the Declaration or i I 3 (c) The.Board shall establish a separate account for the sole Purpose of th maintenance, repair, and/or restoration of the detention bas and soe water drainage facility a/k/a sediment forebay located on Parcel D. The assessments against each Lot Owner for their share of this fund shall be assessed pursuant to the terms of paragraph "b" above. (d) designating, hiring and dismissing the personnel necessaryfor maintenance of the Drainage Facility, and where appropriate,providing compensation of such personnel and for the purchase or use of equipment, supplies and material to be used by such personnel in the perfonnance their duties, which supplies and equipment, if Purchased, shall be deemed the common property of the owners. these By-Laws and such Rules promulgated hereun(e) making and amending Rules respecting the provisions of the Declaraon, der, and bringing any legal process which may be authorized and instituted on behalf of the owners; {fl maintaining the books of account showing the receipt and expenditures the Association, The said books shall be available for examination by the Lot Owners, their duly authorized agents or attorney, during general business hours an business days; and (g) to do such other things and acts not inconsistent with the Declaration which it may be authorized to do by a resolution of the Association. ARTICLE zy OFFICE13a 1 DESIGNATION. The principal officers of the Association shall be a President, a Secretary- Clerk and a Treasurer, all of whom shall be elected by the Board. The Beard may appoint assistants or such other officers as in its judgment ma be necessary. 'With the exception of the President, no officer nee y member of the Board. The offices Of the Treasurer and Secre d be a may be held by the same person. dry-Clerk 2. ELECTION OF OFFICERS: The officers of the Association shall be elected annually b the Board the organization m at eeting of each new Board, and shall hold office t t of Pleasure of the Board. Any vacancy in an office shall be filled be e Board at a regular meeting or a special meeting called for such ye purpose. 5 i i I 3. REMOVAL OF OFFICERS; The Officers shall hold office until then and qualify in their stead, Anyofficer elected ors Successors are chosen of Directors may be removed an appointed by the Board majority of the whole board, and his time may afflibe eve vote ected at an a regular meeting of the Board, or at any special meeting of the Board calledfor such purposes. 4. PRESIDENT: The President shall be the chief executive officer, he or his designate alternate, shall preside at meetings of the Association and ifPresent t meetings of the Board of Directors, and shall be an ex officio meinbe all committees; he shall have general and active management �e r of business Of the Associati on and shall see that all order and resolutions of the Board are carried into effect. He shall have all of the general and duties which are usually vested in or incident to the Office of powers the President of a stock corporation organized under the laws of the Commonwealth of Massachusetts. 5, SECRETARY: The Secretary,C]erle, or his deli of the Board of Directors and all m eetings Rile A soc ationted alternate, �hall attendshmeetings all record the minutes Of all proceedings in the Record Book of the Associa io shall perform like duties for committees when required. The Secretary shall keep the record book current and irn his custody. He shall ` be given, notice of all meetings of the Association the Boar gadve, or cause to committees and shall perform such other duties as may be prescribed the Board or President. The Secretaryby the principal office of the Associati a comclme compile and keep current at their last known post Office address. This listshall ibe pent inspecst of the owners tion by all Lot Owners and other persons entitled titled to in at reasonable hours during regular business en spect the same 6. TREASURER: The Treasurer shall have the custody of all funds and securities not under the control of the Manager,and with the assistance of Chet are Manage, shall keep full and accurate records ofrecei is an disbursements, shall prepare all required financial data, and sh all monies and other valuable personal roe ' all deposit may be designated by the Board, wherepossible,Property in such depositories as _ prop for such disbursements, and shall render tothe President an Pr vouchers the regular meeting of the Board, or whenever they may re d Directors, at quire t 6 account of all his transactions as Treasurer and of the financial conditions of the Association, 7. AGREEMENTS, CONTRACTS,DEEDS, CMCK ETC: All agreements, contracts, deeds, leases, checks, and other instruments the Association for expenditures or obligations may be executed nn of Officer of the Association or by such other person or persons as a any designated by the Board of Directors. may be 8• COMPENSATION OF OFFICERS: No officer shall receive any compensation from the Association as such. on for acting ARTICLE V opERATxoN of THE PRoPERTy 1. DETERMWATION OF COMMON EPENS AGAINST OWNERS: ES AND ASSESSMENTS (a) Fiscal Year, The fscal year of the Association shall be Period cornrnencing on,Zane twelve month December 31 S`. nary Is' of each year and terminating on The fiscal year herein established shall be subject to change by the Board of Directors. (b) Preparation and Approval of Budget, Each year the Bo shall adopt a budget far the Association can and vfDirectors amount which it considers necessary to pay the ow of sth of the total the Drainage Facilities. Such budget shall also include sc maintenance of reserves the Board of Directors considers necessary to provide$a general operating reserves and reserves for contingencies and replacements. The Board of Directors shall make reasonable efforts to send to each Owner a copy of the budget,in a reasonably itemized fo=which Lot forth the amount ofthe common expenses payable b eachah sets least fifteen (l5j days in advance of the f seal year to which Owner, at applies. the budget 2. Declarant has deposited the sum of$ All Owners shall be obligated to pay thmmorl expenses assessed b account, the Board of Directors pursuant to the provisions of the Declaration and d these bylaws, The Association account shall be maintained in�mum balance of not less than $zp� p pp at all times. No Lot a may exempt himself from liability Responsibility fors contribution of the Main#weer Respy by abandonment of his Lot. No Lot Own Hance for the payment of able any part of the common expenses asses ed again t his G� 7 i Lot subsequent to a sale, transfer or other conveyance by him of such Lot. The purchaser of a Lot or successor, owner by virtue of such transfer or other conveyance shall be jointly and severally liable with the selling owner for all unpaid assessments against the Lot expenses up to the time of conveyance, without prejudice to the purchasers' right to recover from the selling owner the amounts paid by the purchaser therefore; provided however, that any such selling owner or purchaser shall be entitled to a recordable statement from the Board setting forth the amount of unpaid assessments against the Lot conveyed, subject to a lien for any unpaid assessments in excess of the amount therein set forth; failure to furnish or make available such statement within twenty one (21) days from receipt of such request shall extinguish the lien for any unpaid assessments. Payment of a fee of ten ($ 10.00) dollars shall be required as a prerequisite for issuance of such statement. If a mortgagee of a first mortgage of record or purchaser of a Lot obtains title to the Lot as a result of foreclosure of first mortgage, or through the enforcement of any other remedies provided for in the mortgage, or by virtue of successors and assigns shall not be subject to a lien for the payment of common, expenses assessed prior to a lien for the payment of common expenses assessed prior to the acquisition of title to such Lot by such mortgagee or purchaser pursuant to the aforesaid remedies. Such unpaid share of common expense assessed prior to the acquisition of title to such Lot by such mortgagee or purchaser pursuant to the aforesaid remedies shall be collectible from all owners, including, the purchaser or first mortgagee, in proportion to their respective votes in the Association. ARTICLE VI AMENDMENT TO BY-LAWS 1. AMENDMENTS; The Declaration and these By-Laws may be modified or amended either (a) by vote of at least seventy-five (75%)percent of the Lot Owners cast in person or by proxy at a meeting duly held in accordance with the provisions hereof, provided that notice of the proposed amendment shall have been given each Lot Owner simultaneously with the notice of such meeting; or(b)pursuant to a written instrument duly executed by at least 8. - 0 ICI seventy-five (75/o) percent of the Owners; no amendment or modification shall compromise the proper maintenance of the private roadway. No modification or amendment shall be made to the provisions of the Declaration of Lydia Lane Homeowner's Association without prior approval of the North Andover Planning Board, ARTICLE VII RESOLUTION OF DISPUTES 1. Right to Arbitration: In the event of any dispute(i)between the Board of Directors, or(ii) between the Lot Owners, or (iii) between the Lot Owners and the Board of Directors (each a"Disputing Party"), as to any matter involving this Association, and where such dispute shall not have been resolved within fourteen days after notice thereof, then any of the Disputing Parties shall submit the matter to arbitration. 2. Selection of Arbitrators: The party desiring arbitration shall notify the other party of his/her intention in writing and shall name one(1) arbitrator. The other party shall respond in writing within fourteen (14) days with the name of a second arbitrator. The two arbitrators shall then select a third.arbitrator. 3. Arbitration Procedure: It shall be the duty of the three arbitrators so selected to settle the dispute brought before them. If any arbitrator refuses to appear at any meeting appointed by the arbitrators, a majority of two may act without the absent arbitrator. The decision of the arbitrators shall be binding and acted upon without unreasonable delay. Any arbitration conducted under the provisions of this Section shall follow the rules and procedures of the American Arbitration Association. The cost of such arbitration shall be shared equally by all parties. 1N WITNESS,WHEREOF, the Declarant has caused these By-Laws to be executed this _ �/fl day of -<-7 _, 2015. D Jahn P. ahill ollwzb— Pamel A. Cahill Richard S. Tilson Jeatff fer Til on Marin 9 I COMMONWEALTH OF MASSACHUSETTS Essex, ss 2015 On this / day of �-� , 2015, before me,the undersi notary public,personally appeared John P. Cahill and Pamela A. Cahill'proved to me through satisfactory evidence of identification, which was to be the person whose name is signed on the preceding document, and acknowledged to me that they signed it voluntarily for its stated purpos Notary li My mmission Expires: ►►'►►111}I Pol711f0III a 4 i W q: V�h� 0 1 9 i i