HomeMy WebLinkAbout2018-11-13 Recorded Legal Documents 7
Bk 16283 Pg349 #9894
04--29-2020 @ 02 : 52p
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PLANNING DEPARTMENT
Community & Economic Development Division
Farm J - LOT RELEASE
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 February 21 _, 2019 and
recorded in Essex North District Registry of Deeds, Book 15764 , Page 136 (or registered in
Land Registry District as Document No, , and noted on Certificate of Title No.• in Registration
Book Page ) have been completed to the satisfaction of the Planning Board as to the following
enumerated lots shown on Plan entitled Definitive subdivision plan for Improvement of Rea Street recorded with said Deeds,
Plan Book . Plan 17K1, (or registered in said Land Registry 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: 1,2 ,3 ,4 , 5, 6, 7
(To be attested by a Registered land Surveyor)
A I hereby certify that tot numbor(s)_1,2, 3,4, 5, 6, 7 on Rea Street(s)
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do conform to layout as shown on Definitive Plan entitled" Definitive Subdivision Plan for Improvement of Rea Street
Section -- Sheens)) 2 of 12 n
as
RLS#i*45099 � ors
Registered Land Surveyor riMOTHY `s�
Majori f the Planning :Board of North Andover � wiNiivcs
Jo_ 45099
��Fess�o�e
of-
COMMONWEALTH OF MASSACHUSETTS `
Dat
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r
Then personally appeared the above-namAfore
and acknowledged the foregoing
instrument to be hider free act and deedme.
y
VIRGlnffA-s. wol.ST' 46MER Notary Pub �
Notary Putinc
t- COMMONWEALTH OF MASSACHLACTT9 My Commission Expires0. �i
My COMMISB,On EXPIEOs
June 24, 2022
Page 1 of 2 �7'
120 Main Street North Andover,Massachusetts 01845
nE. nYn ZIM6 AC',C r..../]7n non nVAn
Bk 16283 Pg350 #9894
Description of Mortgages(Give complete names and Registry of heeds reference):
mortgage given by Wlnter dill Rank to RDM Rea Street LLC Bk 15802 Pg 266 Iwssex North Registry of Deeds
Assents of Mortgages
COMMONWEALTH OF MA SACNUSETTS
t}�tB L a
Then personally appeared the above-named e.Vf � �. . and acknowledged th
foregoing instrument to be his/her free act and deed before me.
�tuti�sriusrrrrr
Notary Public
rf My Commission Expires
w
PU�' ,p`
Paga 2 of 2
i2o Main Street North Andover,Massachusetts 01845
Phone 978.688.9535 Pax 978.688.9542 Web www.northandoverma,nov
M. PAUL I,A•NNUCQILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
3 7 4
0 2 2 1 21--)19 12 2 5 rl,
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115
PLANNIN(O' I)EPAR'I'MEN'V
Community Developillont DiVisioll
Form I ---- COVENANT
Grantor: Joseph J.Averka (Owner)
Grantee: Town of North Andover, Planning Board
Property: Lots 1-7 on Rea Street, located in the Rea Street subdivision, North Andover, MA,
Assessors Map 38, Parcels 36, 37, 47.
Reference: North Andover Planning approval of Definitive Subdivision approval recorded with
North Essex Registry of Deeds herewith and prior hereto.
KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned has
submitted an application, dated, June 14 2018 to the North Andover Planning Board for approval
of a Definitive Plan of a certain subdivision bearing the name of"Definitive Subdivision Plan for
Improvement of Rea Street in North Andover, IVIA." Owner: Joseph A. Averka, 260 Marbleri&e
Rd.. North Andover, MA 01845,Applicant: Messina Development Company, Inc., 277 Washington
Street, Groveland, MA, 01834, prepared by Christiansen & Sergi, a Division of the Morin Cameron
Group, Inc., 160 Summer Street, Haverhill. Massachusetts 01830, dated June 11, 2018, 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:
(001 27272;v3) Page I of 4
120 Main Street, North Andover, Massachusetts 01845
Phone 978.688.9535 Fax 978,68B.9542
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
contract);
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 below and the present holders of said mortgages have assented to this
contract prior to its execution by the undersigned,
(00127272;v3) Page 2 of 4
120 Main Street, North Andover, Massachusetts 01845
Phone 978.688,9535 Fax 978.688.9542
i
IN WITNESS WHEREOF, the undersigned, applicant as aforesaid, does Hereunto set his/her hand
and seal this —10t° day of, '-.fir , 2019.
a
Joseph J.Averka
Name:
Title:
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this Al day of 2019, before me, the undersigned notary public, personally
appeared: � �Y�; . 1 �'�t _ as who proved to me through
satisfactory evidence of identification, which was a driver's license, to be the person whose name
is signed on the preceding or attached document, and acknowledged to me that he/she signed it
voluntarily for its stated purpose, acting in such capacity.
Notary Public
My Commission Expires:
DEBORAH A, BEGLEY..
I 1A1Y PUBIlC
ComMyjC. _ oL'M"' husaHE
My Cammiss n Expkei
January 2, 2026
(00127272;v3) Page 3 of 4
120 Main Street, North Andover, Massachusetts 01845
Phone 978.688,9535 Fax 978,688.9542
1 IIi
Description of Mortgages(Give complete names and Registry of Deeds reference):
k
Assents of Mortgagees
By:
Name:
Title:
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this day of , 2019, before me, the undersigned notary public, personally
appeared of , who proved to me
through satisfactory evidence of identification, which was a driver's license, to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he/she
signed it voluntarily for its stated purpose, acting in such capacity.
Notary Public
My Commission Expires:
(00127272;v3} Page 4 of 4
120 Main Street, North Andover, Massachusetts 01845
Phone 978.688.9535 Fax 978,688.9542
Town of North Andover
Health Department
10 DAY 1,N.ERGENCY BE,AVER OR MUSICRAT PERMIT j
Name Bob Messina—Messina Development Co, Permit No. 218_mm
Address: 277 Washington Street, Groveland,MA 01834
Authorized Agent Name(if applicable): Beaver Solutions LLC.
Complaint Location: Rea Street
In accordance with and pursuant to provisions contained in chapter 131 of the Massachusetts
General Laws section 40, 80A and 321 Code of Massachusetts Regulation 2.08 and 10.00
(Wetlands Protection Act),the perinittee(s)above named may immediately remedy the threat to
human health and safety by one or more of the following options: (measures to be used- see
highlighted items)
(a) the use of conibear or box or cage-type traps for the taking of beaver or muskrat,
subject to the regulations promulgated by the Division of Fisheries and Wildlife (see
back)
(b) the preaching of dams, dikcs, bogs or berms,so-called*
(c) employing any nonlethal management or water-flow devices*
*If the permittee chooses option(s)b and/or c,he/she must appear before the local conservation
commission to obtain an emergency certification regarding specifications for breach size and/or water-
flow device installation in accordance to M.G.L. c. 131,s.40(Wetlands Protection Act).
The Board of Health has determined that said beaver or musluat problem poses a threat to public
health and safety as stated in M.G.L. c.131, s.80A.
Specify: Flooding property - - -
Board of Health Official Name: Brian I, LaG sse Director of Public Health
Board of Health Official Signature: Date.-
The alcove signature validates this(ermit for 10 consecutive days from the date shown for
option (a) only, If the permittee chooses options (b)anal/or(c),he/she must return to the Board
of Health for a final signature after obtaining an emergency certification from the conset vation
commission.
Please attach the emergency certification to this permit and return to the Board of Health
for final approval.
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.9542
Town of North Andover '
Health Department
This permit is valid for 10 consecutive clays from the date of the final Board of Health
signature for options (b) and (c) after Conservation Commission approval.
Board of Health Official Name:Brian J. LaGrasse Director of Public health
Board of Health Official Signature: .0 Date:
This permit floes not allow permittee(s) or their authorized agent to trespass on private
property.
This permit or a copy thereof shall be carried on the person of any individual exercising the
authority thereof and shall be shown upon request if challenged by any local or state law
enforcement officer empowered to enforce the provisions of M.G.L. c. 131.
Massachusetts Division of Fisheries and Wildlife trapping regulations
Permittee(s) may destroy problem furbearing mammals (named above) by means of a body
gripping trap or by means of a box or cage type trap including Hancock or Bailey traps for
catching beaver. The pan of Hancock and Bailey traps must be submerged in water. Problem
furbearing mammals that are captured alive shall be disposed of by destruction in a humane '
manner. Body gripping traps with a jaw spread not less than 4.inches and not greater than 7
Inches or body gripping traps with a jaw spread not less than 6 inches and not exceeding 10
inches for the trapping of beaver only, may be used if such traps are completely submerged in
water. The placement of traps in reference to the proximity of the beaver lodge or beaver dam is
unrestricted, but the disturbance or destruction of the beaver lodge or beaver dam is strictly
prohibited unless otherwise authorized.
Permittee(s)taking problem furbearing mammals, on the property of another, by means of a trap
shall possess a valid Massachusetts trapping license and traps shall be registered according to
M.G.L. c. 131, s. K
Said problem furbearing mammals (named above), their carcasses or parts thereof may be
retained by the perm ittee, sold, bartered, or exchanged far consideration during the open
regulated harvest season for that species Sealing of beaver pelts is required. Disposition of all
carcasses obtained from the incidental capture of furbearing mammals not authorized by this
permit must be surrendered to the District Wildlife Manager of the Division of Fisheries and
Wildlife having jurisdiction in the town where the furbearing mammal was taken.
120 Main Street
North Andover,MA 01845
Phone: 978.688.9540 Tax: 978.688.9542
. .......... .
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection -Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.I . c. 131,§40 ,
A. Emergency Information
Important: North Andover Conservation Commission
When filling out Issuance From: Issuing Authority
forms on the 0 Rea Street, Map 38 Lot 37
computer,use 1, Site location:
only the tab
key to move 2 Reason for Emergency:
your cursor-
do not use the Flooding of adjacent properties encroaching on septic s stems
return key.
3. Applicant to perform work; Seaver Solutions
4. Public agency to perform work or public agency ordering the work to be performed:
Health Department ---
6. Date of Site Visit: Start Date; End Date*:
August 2, 2018
no later than 30 dayb From start date or 60 days in the
case or an Immediate Response Action approved by
DEP to address an oillhazardous material release.
6. Work to be allowed*:
Installation of Flexible Pond Leveler and exclusion fence within Mosquito Brook at beaver dam. A
limited breach of the beaver dam will be required. All work to be in accordance with documents
attached.
*May not Include work beyond that necessary to abate the emergency.
B. Signatures
Certified to be an Emergency by this Issuing Authority.
Signatures:
Chairman(or des nee) Date
A copy of this form must be provided to the appropriate DEP Regional Office.
INPA Emergency Cartifco0on Pago 1 of 2
Rev.0113V0
i
CONSERVATION DEPARTMENT
Community &Econornic Development Division
EMERGENCY CERTIFICATE
SPECIAL CONDITIONS
Rea Street (Map 38,Lot 37),North Andover
1. This permit or a copy thereof,shall be carried on the person(s) exercising the authority
thereof,and shall be shown upon request to an Agent of the Conservation Commission,any
agent of the Department of Fisheries Wildlife and Environmental Law Enforcement,or to
any officer empowered to etiforce the provisions of MGL Chapter 131,Section 40.
2. Limited breaching of the beaver darn shall occur by hand only. No mechanical machinery is
allowed for the breaching activities as detailed in"Beaver Date Breaching Procedures"letter
from Beaver Solutions.
3. No breaching of the dam shall occur during and/or following a major storm event(1 inch or
greater of rainfall in 24 hours). Furthermore,no breaching shall occur unless a rain event as
described above has adequately infiltrated (resulting in a lower water table).
4. Breaching of the dam is limited to a maximum of a T wide x V deep to install the flow
leveling pipe. The hired professional shall contact the Conservation Department if a larger
breaching area is necessary or if any other changes ate proposed,
5. Limited breaching of the dam must be carefully conducted to prevent downstream flooding;
adverse impacts to the wildlife habitat located upstream and downs tteam,including the
created beaver habitat;and changes to the hydrology of the wetland-resource area.
Breaching activities shall only occur at the beaver dam located on the property referenced
herein.
6. Upon completion of the breaching activities,the applicant or Beaver Solutions shall contact
the Conservation Department, so that we may conduct an inspection to ensure that wildlife
habitat and hydrology of the wetland resource system have not been significantly impacted
or altered.
120 Maui Street,North Andover,Massachusetts 01845
Mom 978.688.9530 Fax 978.688.9542
NVel,:littp://www.iio rtlzandoveriva.gov
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UAvrm OR MUSKRAT CQNSl':NT FORM
Consent IFitr
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i give permission tor��_ 6 �—k to atew my property for the
ptuposa of rrlioviating a tlrrestt#o public ltalth and safety posed by beaver or ptuskrctt;ps
tiq cra Wit ed by the Boardofklealtl
pate
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Purpose of alleviating a threat to public health and safety posed by beaver or muskrat,as
etertnined by the Board of H filth.
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1 give pennisslori for _to aacos my property Cor the
purpose of ailevlating A threat w public hedith and safety posed by baavor or muskrat,as
detormiated by the Board dfHoalth.
Signawre pf Prnperty Owner bate
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04---03--20151 a
DECLARATION OF TRUST AND COMMON SCHEME RESTRICTIONS
FOR THE REA STREET EXTENSION HOMEOWNER ASSOCIATION TRUST
This Declaration of Trust and Common Scheme Restrictions for the Rea.Street Extension
Homeowner Association Trust(the"Declaration") is made as of the 3rd day of April, 2019, by
RDM Rea Street LLC(the"Declarant"), a Massachusetts limited liability company,with an
address of 475 Boston Road,Billcrica, MA 01821.
WHEREAS,the Declarant is the owner of certain land in the Town of North Andover, Essex
County, Massachusetts, comprised of and including seven (7)residential building lots shown as
Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6 and Lot 7 (each, a"Lot", and collectively, the"Lots"),
and two (2) additional open space parcels shown as Parcel A("Parcel A") and Parcel B ("Parcel
B") on a plan (the "Plan ') entitled"Definitive Subdivision Plan for Improvement of Rea Street
in North Andover, MA," Owner: Joseph A, A.verka,260 Marbleridge Rd., North Andover, MA
01845,Applicant; Messina Development, 277 Washington Street, Groveland, MA, 01834,
prepared by Christiansen & Sergi, a Division of the Morin Cameron Group, Inc., 160 Summer
Street, Haverhill, Massachusetts 01830,dated June 11,2018 and recorded with the Essex North
Registry of Deeds as Plan No, 17901; and
WHEREAS, the Lots are located along and adjacent to a currently unimproved portion of Rea
Street, which is an existing way in the Town of North Andover, and Declarant is extending the
roadway and making infrastructure improvements within said unimproved }portion of Rea Street
and creating the Lots as part of a residential development project to be known as the Rea Street
Extension (the "Subdivision"), including construction and improvement of the roadway, utility
services, drainage facilities, creation of open space, and other related improvements; and
WHEREAS,the development of the Lots and Subdivision were approved by and pursuant to (i) a
Notice of Decision for a Definitive Subdivision,dated November 13,2018, issued in favor of
Messina Development Company, Inc. (the"Applicant")by the North Andover Planning Board
(the"Subdivision Decision"), which Subdivision. Decision is recorded herewith in Book 15764,
Page 136, and (ii) a Wetlands Order of Conditions, dated December 5, 2018, issued to the
(00127254;v3)
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Bk 15802 Pg246 #6944
Applicant by the North Andover Conservation Commission with respect to MassDEP File 4:
242-1739 (the"Wetland Order"), which Wetland Order is recorded in Book 15764, Page 99_
(collectively, the Subdivision.Decision and Wetland Order are hereinafter sometimes referred to
as the"Subdivision Approvals"); and
WHEREAS,the Declarant desires to develop the land depicted on the Plan and as further
described in the Subdivision Decision and Wetland Order (the "Project")as an attractive and
desirable residential subdivision, in a responsible manner, while preserving to the extent
reasonably possible the ecological integrity and natural beauty of the Property and enhancing
property values therein; and
WHEREAS,the Declarant wishes to hereinafter establish a Homeowner's association trust to be
known as the"Rea Street Extension Homeowner Association Trust"(the"Trust"or
"Horneowner Association") in order to properly maintain, repair,replace and administer various
land and improvements in the Project as hereinafter described, including without limitation
common elements, improvements, land and facilities related to the Lots in the Subdivision and/or
which may be conveyed to the Trust or made subject to the Homeowner Association's
administration pursuant hereto; and
WHEREAS,the Declarant further wishes to establish certain rights in furtherance of the
foregoing as more fully described below,
NOW, THEREFORE,in consideration of the foregoing,the Declarant hereby establishes the
Trust and subjects all of the Lots to the terms and provisions hereof, as follows:
1. DECLARATION OF HOMEOWNER ASSOCIATION TRUST
A,Name; Legal Form.
1, The Trust hereby created shall be known as the"Rea Street Extension Homeowner
Association Trust",and under that name,so far as legal, convenient and practicable, shall all
business carried out by the'Trustees be conducted and all 'instruments in writing by the Trustees
be executed.
2. RDM Rea Street, LLC, being the owner of the Property and Declarant hereunder as nominee
and assign of the Applicant, and its successors and assigns to the extent so designated by it, shall
be the Declarant of the Trust, and henceforth shall have and be vested with all of the rights,
powers, authority,privileges of the Declarant hereunder.
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Bk 15802 Pg247 #6944
3. All of the rights and powers conferred upon and exercisable by the Trustees hereunder, and all
property, real and personal, tangible and intangible, conveyed to the Trustees hereunder, shall
vest in the Trustees as joint tenants with right of survivorship as Trustees of this Trust, in trust, to
exercise, manage, administer and dispose of the sane, and to receive the income thereof for the
benefit of the beneficiaries of the Trust.
d. It is hereby expressly declared that a Trust and not a partnership has been created hereby, and
that the beneficiaries hereof are not partners or associates or any other relation whatsoever
between themselves with respect to the Trust property, and hold no relation to the Trustees other
than as beneficiaries, with only such rights as are conferred upon them as such hereunder.
B. Purposes
1. The purposes of this Trust include, inter alia, (a) the maintenance, repair, replacement and
administration of the"Common Facilities," as that terra is described hereinafter; (b) to levy and
collect assessments, but only if and as necessary, from lot owners in order to carry out Trust
purposes; and (c)to enforce, under appropriate circumstances the terms and provisions of this
Declaration. The Trustees hereunder may, if they deem appropriate or necessary, delegate certain
of their powers and duties hereunder to third parlies.
2. The"Common Facilities"to be maintained, repaired,replaced and administered by the Trust
shall include,without limitation, the following: (i) the roadway improvements to be constructed
as an extension of Rea Street, including without limitation the Right of Way Easement area over
a portion of Lot 1 and Lot 2, and the catch basins,drainage structures and improvements located
within the said roadway as shown on the Plan (until such time as the roadway shall be dedicated
to and accepted by the Town of North Andover as a public way), (ii) the drainage improvements
and drainage easement areas (collectively, the "Drainage Easement Areas"), including without
limitation within the roadway and right of way areas and within Drainage Easement#1 (over a
portion of Lot 3 and Lot 4) and Drainage Easement 42 (over a portion of Lot S, Lot 6 and Lot 7),
and the grading, lines,catch basins,drainage structures and improvements located within the said
Drainage Easement Areas as shown on the Plan; (iii)the grassed island and landscaped area ill
the center of the cul-de-sac(to be maintained in perpetuity and continuing after and even if the
roadway shall be dedicated to and accepted by the Town of North Andover as a public way), and
(iv) Parcel A and Parcel B (until such time as said open space parcels shall be conveyed to and
accepted by the Town of North Andover); and (v) any other areal or personal property,or any
interest therein, conveyed, assigned or transferred to the Trustees in furtherance of the Trust
purposes and for the common benefit of the Subdivision Lots.
t00127254-,01
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Bk 15802 Pg248 #6944
C.Trustees
1. The original Trustee hereunder shall be the Declarant. Until such time as all of the Lots have.
all been conveyed to and occupied by individual homeowners, or such earlier time as the
Declarant's rights hereunder are surrendered in writing by the Declarant,the Trustees)
hereunder shall be appointed (and, if appropriate, removed) solely by the Declarant, its
successors and assigns. The initial successor Board of Trustees when the Declarant's rights
hereunder are surrendered in writing by the Declarant to the Lot owners may be appointed in
writing by the Declarant with the written acceptance by three (3) Lot owners designated by the
Declarant or, at the Declarant's option,the initial successor Board of Trustees may be elected by
the Lot owners at a meeting noticed and called by the Declarant, with one Trustee appointed or
elected for a one(1) year term, with one Trustee appointed or elected for a two (2) year term, and
with one Trustee appointed or elected for a three (3)year term. Thereafter, the Board of Trustees
shall be comprised of tin-cc (3)members with one Trustee to be elected by the owners of the Lots
on an annual basis and for a three(3) year terra, such that the terms of the Trustees shall be
staggered. Whenever a Trustee shall die, be removed,resign or otherwise leave office during a
term, a successor shall be appointed by the remaining Trustees for the remainder of the said
Trustee's term such the terms of the Board of Trustees shall remain so staggered.
2. The persons so appointed or elected as Trustees shall be and become such Trustees and shall
be vested with the powers of the Trustees and title to the Trust property,jointly and with
remaining or surviving Trustees, without the necessity of any active transfer or conveyance. Any
such appointment or election shall be evidenced by the recording of a certificate to that effect
with the Registry of Deeds.
3. If for any reason any vacancy in the office of Trustee shall occur, a replacement Trustee may
be appointed by the remaining Trustee(s) for the remainder of the then current teen, or by the
Declarant(if the Declarant still holds the authority to appoint Trustees) as provided above.
Despite any vacancy in the office of Trustee, the remaining or surviving Trustee or Trustees shall
continue to exercise and discharge all of the powers, discretions and duties hereby conferred or
imposed upon the Trustees.
4. The following provisions shall be applicable to Trustees hereunder:
(a) Any Trustee may resign at any time by instrument in writing, signed and acknowledged in the
manner required in Massachusetts for the acknowledgment of deeds, and such resignation shall
take effect upon the recording of such instrument with the Registry of Deeds.
(b) No Trustee appointed as hereinbefore provided, whether as original Trustee or as successor to
or as substitute for another, shall be obliged to give any bond or surety or other security for the
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Bk 15802 Pg249 #6944
performance of any of her or his duties hereunder, provided,however, that the Board may at any
time by instrument in writing signed by therm and delivered to the Trustee or Trustees affected
require that any one or more of the Trustees shall give bond in such amount and with such
sureties as shall be specified in such instrument. All expenses incident to any such bond shall be
charged as an expense of the Trust hereunder.
(c)No Trustee appointed or elected as hereinbefore provided shall under any circumstances or in
any event be held Iiable or accountable out of his personal assets or be deprived of compensation
by reason of any action taken, suffered or omitted in good faith or be so liable or accountable for
more money or other property than he actually receives, or for allowing one or more of the other
Trustees to have possession of the Trust books or property, or be so liable, accountable or
deprived by reason of honest errors of judgment or mistakes of fact or law by reason of the
existence of any personal or adverse interest or by reason of anything except his own personal
and willful malfeasance.
(d) The Trustees and each of them shall be entitled to indemnity both out of the Trust property
and by the owner(s) of the lands subject to this Declaration, against any liability incurred by
them or any of them in the execution hereof, including without limiting the generality of the
foregoing, liabilities in contract and in tort and liabilities for damages, penalties and files,
Directors and Officers Insurance may, at the Board's option, be maintained following the
appointment of the initial successor Board of Trustees and following the turnover of the
Homeowner Association by the Declarant to the Lot owners.
(e) In any matters relating to the administration of the Trust hereunder and the exercise of the
powers hereby conferred: (a) each of the Trustees shall have one vote; and (b)the Trustees may
act by a majority vote at any duly called meeting at which a quorum is present as provided
below. The Trustees may also act without a meeting by instrument signed by all of the Trustees.
D. Beneficial Interest and Beneficiaries
Subject in all cases to the Trustee-appointment provisions set forth above, the beneficial interest
hereunder shall consist of one equal beneficial share for each of the legal owners of the seven(7)
Lots in the Subdivision which have been made subject to this Declaration. Sucln beneficial
ownership and interest bereunder shall be deemed appurtenant to the title each of the Lots and
shall not be separable therefrom and shall run with the land, and regardless of and despite what
may or may not otherwise be stated in the deed. By accepting a deed to any of the Lots, the
owner shall also be deemed to have accepted therewith the beneficial interest hereunder and shall
be deemed to have accepted title subject to the terms and provisions of the this Declaration of
Trust and Common Scheme Restrictions.
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Bk 15802 Pg250 #6944
E, Powers, Duties and Functions of Board of Trustees
The powers, functions and duties of the Board of Trustees shall include, but shall not be limited
to,the following.
1. To maintain, operate, repair,improve, replace as necessary, insure and otherwise to deal with
and manage the Common Facilities.
2. To take all actions with respect to governmental entities,or officials, boards or agencies
thereof, and with respect to utility companies, which may be necessary or appropriate in relation
to any of the Common Facilities, including: (1) the granting,modification,or release of utility
easements, and (2)the taking of all such action as may be necessary or appropriate to establish
and maintain compliance with applicable orders, permits, laws and governmental regulations;
and the powers and functions described in this paragraph 2 shall be exercised and performed
exclusively by the Trustees hereunder.
3. In connection with the Trust property and with the foregoing, but only consistently with and in
furtherance of the foregoing purposes hereof, (i)to retain the Trust property, or any part or parts
thereof, in the sarne form or forms of investment in which received or acquired by them so far
and so long as they shall think fit,without liability for any loss resulting therefrom, (ii)to sell,
assign, convey, transfer, exchange,and otherwise deal with or dispose of,the Trust property, or
any part or parts thereof, free and discharged of any and all Trusts, at public or private sale, to
any person or persons, for cash or on credit, and in such manner, on such terms and for such
considerations and subject to such restrictions, stipulations, agreements and reservations as they
shall deem proper, and to execute and deliver or to accept any deed or instrument in connection
with the foregoing, (iii) to purchase or otherwise acquire title to,and to rent, lease or hire from
others for terms which may extend beyond the termination of this Trust any property or rights to
property, real or personal, and to own, manage, use and hold such property and such rights, (iv)
to borrow or in any other manner raise such sum or sums of money or other property as they
shall deem advisable in any manner and on any terms, and to evidence the same by notes, bonds,
securities or other evidence of indebtedness,which may )-nature at a time or times, even beyond
the possible duration of this Trust, and to execute and deliver any mortgage,pledge, or
instrument to secure any such borrowing,provided however,that no Lot shall be mortgaged,
pledged or encumbered and no individual Lot owner shall be liable for any such indebtedness
unless the Lot owner shall consent thereto in writing and join in and execute such note, bond,
security,mortgage, pledge or instrument, (v) to enter into any arrangement for the use or
occupation of the Trust:property, or any part or parts thereof, including, without thereby limiting
the generality of the foregoing, leases, subleases, casements, license,or concessions,upon such
terms and conditions and with such stipulations and agreements as they shall deem desirable,
even if the same extend beyond the possible duration of this Trust, (vi)to invest and reinvest the
Trust property,or any part or parts thereof and from time to time and as often as they shall see fit
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Bk 15802 Pg251 #6944
to change, investments, including power to invest in all types of securities and other property, of
whatsoever nature and however denominated, all to such extent as to them shall seem proper,
and without liability for loss, even though such property or such investments shall be of a
character or in an amount not customarily considered proper for the investment of trust funds or
which does or may not produce income, (vii) to obtain and maintain such casualty and liability
insurance on and with respect to the Trust property if and as they shall deem necessary or proper,
(viii) to incur such liabilities, obligations and expenses, and to pay from the principal or the
income of the Trust property in, their hands all such sums,as they shall deem necessary and
proper for the furtherance of the purposes of the Trust, (ix) to determine as to all sums of money
and other things of value received by them, whether and to what extent the same shall be deemed
to be and shall be accounted for as principal or as income, and as to all charges or expenses,
whether and to what extent the same shall be charged against principal or against income,
including, without hereby limiting the generality of the foregoing, power to apportion any receipt
or expense between principal and income, and power to determine what portion, if any, of the
actual income received upon any asset purchased or acquired at a premium or any investment
shall be added to principal to prevent a diminution thereof upon the maturity or exhaustion of
such asset or investment, (x) to vote in such manner as they shall think fit any or all shares in any
corporation or trust which shall be comprised in the Trust property, and for that purpose to give
proxies, to any person or persons or to one or more of their number, to vote, waive any notice or
otherwise act in respect of any such shares, (xi)to guarantee performance of the obligations of
others in any cases where they shall deem that it is to the advantage of this Trust that they give
such guaranty, (xii) to maintain such offices and other places of business as they shall deem
necessary or proper to engage in business in Massachusetts or elsewhere, (xiii)to provide and
contract for maintenance,repair, cleaning and other services to owners of Lots, or relating to the
Compton Facilities, and(xiv)to employ, appoint and remove such agents, managers,officers,
brokers, employees, servants, assistants and counsel (which counsel may be a firm of which one
or more of the Trustees are members) as they shall deem proper, for the purchase, sale or
management of the Trust property, or any part or parts thereof, or for conducting the business of
the Trust and may define their respective duties and fix and pay their compensation, and the
Trustees shall not be answerable for the acts and defaults of any such person; and the Trustees
may delegate to any such agent,manager, officer, board, broker, employee, servant, assistant or
counsel any or all of their powers (including discretionary powers, except that the power to join
in amending, altering, adding to, terminating or changing this Declaration of"Trust and the Trust
hereby created shall not be delegated) all for such times and purposes as they shall deem proper.
1;±, Assessments and Charges
1. Prior to December 1 of each year,the Trustees shall, if and as necessary, establish a budget
and estimate the expenses expected to be incurred during such next calendar year, if any,
together with a reasonable provision for the contingencies and reserves, if any, and after taking
into account any undistributed or unexpected funds from the prior year, for the performance and
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Bk 15802 Pg252 #6944
fulfillment of all of the duties,functions and activities of the Trustees which, as determined by
said Trustees in their reasonable discretion, are for the general benefit of all of the Lot owners
and occupants and shall snake assessment to each Lot owner for their proportionate share of the
estimated expense as herein below provided.
2. Each such common budget relating to general Common facilities to the benefit of all Lots,
shall be divided into the same number of shares as there are Lots subject to this `trust, one for
each such lot, ie, one-seventh (1/7")per Lot.
3. Statements rendered by the Trustees hereunder to owners of Lots pursuant to provisions of the
foregoing shall be due and payable within thirty days after the same arc rendered,provided that
if the Trustees or responsible Lot owners as hereinafter provided so elect, the same may be paid
in monthly or other installments specified by the Trustees, In the event that the Trustees shall
determine, during any fiscal year that the common budget so established is less that the expenses
actually incurred (including reserves), or in the reasonable opinion of the Trustees likely to be
incurred,the Board of Trustees or responsible Lot owners as the case may be shall snake a
supplemental assessment or assessments and render statement therefor in the manner aforesaid,
and such statements shall be payable and take effect as aforesaid.
Cr, Rules,Regulations,Restrictions and Requirements
The Trustees may, subject to the rights of others(if any) lawfully entitled to use the same in
common with the Lot owners, at any time and from tine to time adopt, amend and rescind
administrative rules and regulations governing the details of the operation and use of the areas
and facilities with respect to which the Trustees have jurisdiction hereunder.
H. Meetings; Notices
1. The Trustees shall meet at least annually, and at such meeting may elect a Chairman,
Treasurer and Secretary and further meetings may be called by the Chairman and in such other
manner as the Trustees may establish, provided, however,that written notice of each meeting
stating the place, day and hour thereof shall be.given at least seven days before such meeting to
each member of the Trustees. Trustees holding at least one-half of the voting power hereunder
shall constitute a quorum at all meetings, and such meetings shall be conducted in accordance
with such rules as the Trustees may adopt. Trustees shall hold office until their successors are
duly elected or appointed.
2. The Lot owners shall meet annually or at such other frequency as determined by the Trustees.
At each annual meeting a Board of Trustees comprised of three members shall be elected, with
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Bk 15802 Pg253 #6944
each Lot owner being entitled to one (1) vote for each Lot owned. Special meetings may also be
called by the Board of Trustees when they deem prudent or necessary, and such special
rneeting(s) shall be so called by the Board of Trustees upon the written request of owners of 33%
or more of the Lots. Attendance of owners (in person or by proxy) representing more than 50%
of the Lots shall constitute a quorum at any annual or special meeting of Lot owners.
3. Every notice to any Lot owner or Trustee required tinder the provisions hereof, or which may
be deemed by the Trustees necessary or desirable in coruiection with the execution of Trust
created hereby or which may be ordered in any judicial proceeding, shall be deemed sufficient
and binding if a written or printed copy of such notice shall be given by one or more of the
Trustees by mailing it,postage prepaid, and addressed to the Lot owner or Trustee at the address
as it appears upon the records of the Trustees, at least seven days prior to the date fixed for the
happening of the matter, thing or event of which such notice is given.
1. Miscellaneous Provisions
1. Books,accounts and records of the Trustees shall be open to inspection to any one or more of
the Trustees or Lot owners.
2. Checks, notes, drafts and other instruments for the payment of money drawn or endorsed in
the names of the Trustees or of the Trust may be signed by any Trustees, or by any person or
persons,to whom such power may at any time or from time to time be delegated by not less than
a xrlajority of the Trustees,
3. The fiscal year of the Trust shall be the year ending with the last day of December or such
other date as may from time to time be determined by the Trustees.
4. The titles and headings of different parts hereof are inserted only for the convenience of
reference and are not to be taken to be any part hereof or to control or affect the meaning,
construction, interpretation or effect hereof. All provisions herein contained shall take effect and
be construed according to the laws of the Commonwealth of Massachusetts.
J. Rights and Obligations of Third Parties with the Trustees
1, No purchaser, mortgagee, lender or other person dealing with the Trustees as they then appear
of record in said Registry of Deeds shall be bound to ascertain or inquire further as to the persons
who are then Trustees hereunder or be affected with any notice, implied, or actual, otherwise
than by a certificate thereof, and such record or certificate shall be conclusive evidence of the
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Bk 15802 Pg254 #6944
personnel of said Trustees and of any changes therein.
2, No recourse shall at any time be had under or upon any note, bond, contract order, instrument,
certificate undertaking,obligation,covenant, or agreement,whether oral or written inade,issued,
or executed by the Trustees or by any agent or employee of the Trustees, or by reason of
anything done or omitted to be done by or on behalf of them or any of them, against the Trustees
individually, or against any such agent or employee or against any beneficiary either directly or
indirectly,by legal or equitable proceeding, or by virtue of any suit or otherwise, and all persons
extending credit to, contracting with or having any claim against the Trustees, shall look only to
the Trust property for payment under such contract or claim, or for the payment of any debt,
damage,judgment or decree, or of any money that may otherwise became due or payable to
them from the Trustees, so that neither the Trustees nor the beneficiaries,present or future, shall
be personally liable therefor.
3, Every Rote, bond, contract, order,instrument,certificate, undertaking, obligation, covenant or
agreement,whether written or oral,made issued or executed by the Trustees, or by any agent or
employee of the Trustees, shall be deemed to have been entered into subject to the terms,
conditions,provisions and restrictions hereof, whether or not express reference shall have been
made to this instrument.
4, This Declaration of Trust and any amendments hereto or any certificate or paper signed by
said Trustees or any of them which it may be deemed desirable to record shall be recorded with
the Registry of Deeds and such record shall be deemed conclusive evidence of the contents and
effectiveness thereof according to the tenor thereof; and all persons dealing in any manner
whatsoever with the Trustees, the Trust property of any alternation or amendment of this
Declaration of Trust,or change of Trust or Trustees, when the same shall be recorded with said
Registry. Any certificate signed by any Trustee in office at the time, setting for as facts any
matters affecting the Trust, including statements as to who are the beneficiaries, as to what action
has been taken by the beneficiaries and as to matters determining the authority of the Trustees to
do any act, when duly acknowledged and recorded with said Registry shall be conclusive
evidence as to the existence of such alleged facts in favor of all third persons, including the
Trustees, acting in reliance thereon. Any certificate executed by any Trustee hereunder, or by a
majority of the Trustees hereunder setting,forth the existence of any facts, the existence of which
is necessary to authorize the execution of any instrument or the taking of any action by such
Trustees or majority, as the case may be, shall, as to all persons acting in good faith in reliance
thereon,be conclusive evidence of the truth of the statements made in such certificate and of the
existence of the facts therein set forth.
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Bk 15802 Pg255 #6944
11. COMMON SCHEME DECLARATION OF EASEMLi NTS,COVENANTS
AND RESTRICTIONS
A. Easements
The Declarant hereby establishes, declares and grants the following easements,subject to the
terms and provisions hereof,
1. To the Board of Trustees: The right and easement to enter upon, maintain,repair,replace and
administer, as necessary, any of the Common Facilities, whether located upon land owned by the
Trust or upon land owned by an individual Lot owner;and the right and casement to enter upon
any Lot, upon reasonable advance notice to the Lot owner, in order to inspect same and/or carry
out any act or function thereon as deemed prudent or necessary by the Trustees in furtherance of
the purposes, terms and/or provisions of this Declaration.
2. To the Homeowner Association and Lot Owners: (a)The right and easement to use the Rea
Street roadway extension improvements (as shown on the flan) for ingress,egress,utility
services and any other purposes for which streets and ways are commonly used in the Town of
North Andover, with the fee ownership of such roadway extension improvements to be retained
by the Declarant, until such time as the said roadway improvements shall be dedicated to and
accepted by the Town of North Andover as a public way; and(b) the mutual right and easement
for reasonable surface water drainage through stormwater drainage structures that are included
within the roadway or in any of the Drainage Easement Areas, in accordance with the terms and
provisions of this Declaration, until such stormwater drainage structures and catch basins may be
accepted by the Town or North Andover; and (c) the perpetual right and easement to maintain
the drainage systems within Drainage Easement 41 and Drainage Easement#2,
3. The easement rights granted above are granted upon the express conditions that the parties
availing themselves of such easements shall: (i) do so in strict conformity with all laws, codes,
orders and regulations; and (ii) fully and promptly restore any easement areas in question upon
the completion of any work thereon.
4. As the Lots in the Subdivision are graded and landscaped the Declarant shall retain an
easement to perform re-grading as it determines to be necessary to create transitions between
Lots and to allow for water flow and run off between the Lots, including but not limited to
swales and underground drainage, if necessary. Furthermore, the Declarant reserves the right to
re-landscape any areas that may have been previously landscaped,prior to completion of the
Subdivision project, in order to achieve proper drainage and water run off. This provision shall
survive the transfer of title from the Declarant to each Lot owner and continue in effect until
completion of the Subdivision project by the Declarant. It shall be the responsibility of the
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Bk 15802 Pg256 #6944
Declarant to re-grade, re-loam,and reseed any areas disturbed pursuant to the foregoing
provision in the event that the Declarant shall re-landscape any previously landscaped areas. The
Trustees are hereby granted a permanent grading easement and the right to maintain the grassed
drainage swales on each Lot in the Subdivision project upon such grades as the same shall be
finally constructed by the Declarant.Notwithstanding the right of the Trustees to maintain such
grades, the individual Lot owners shall be primarily responsible to maintain such areas and
grades at their sole cost and expense. Each of the owners of the Lots agrees to maintain such
grades on the Lots as shall be originally constructed and shall not in the future change, disturb or
alter any grades,including without limitation in any manner which would affect or alter surface
water runoff or drainage.
B. Covenants
The Declarant shall complete construction on all Lots in accordance with the terms and
provisions of the,Subdivision Approvals and thereafter, each Lot owner, by acceptance and
recording of a deed to any lot in the, Project, shall be deemed to have agreed to comply with the
following covenants:
1. Each Lot owner, as well as any party claiming through them, shall comply with any and all
terms and provisions of this Declaration, including without Iimitation the covenant hereby
established to promptly pay any and all assessments levied by the Trustees pursuant to the terms
hereof,
2, The Trustees and Homeowner Association shall maintain all of the Common Facilities in the
Subdivision,in perpetuity, in accordance with the terms and provisions of the Subdivision
Approvals and as contemplated above by this Declaration. Without limitation to the forgoing, the
Trustees and Homeowner Association shall maintain the newly constructed roadway extension
(until such time as the roadway improvements may be completed by the Declarant and become a
public roadway as accepted by the'Town of North Andover),the cul-de-sac, the Drainage
Easement Areas, and all drainage structures, infiltration basins, grassed swales, drainage
channels and any stormwater basins, pursuant to and in accordance with (i) Special Conditions
26,27 and 30 of the Subdivision Decision, and (ii) Conditions 66 and 67 of the Wetland Order
and the stormwater best management practices Operations and Maintenance Plan as referenced
in condition 66 of the Wetland Order and as attached as an Exhibit to the Wetland Order. With
respect to such matters that are the responsibility of individual Lot owners, including the matters
described in(i) Special Condition 27 of the Subdivision Decision and(ii)the roof drywells
located on Lot 1, Lot 6 and Lot 7 as described in the Operations and Maintenance Plan attached
to the Wetland Order,the homeowner Association shall have the right but not the obligation to
maintain such improvements and it shall remain the primary obligation of the Lot owners to
maintain the improvements exclusively serving their Lot as further described below.
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Bk 15802 Pg257 #6944
3. Each Lot owner shall maintain all drainage systems which are located solely on such Lot
owner's respective Lot in accordance with the terms and provisions of the Subdivision
Approvals, including without limitation carrying out the following ongoing obligations:
(a) All infiltration basins or systems, grading and grassed swales, and drainage channels or
improvements that are located on and serving an individual Lot are to be maintained in
perpetuity by the respective owner of such Lot, at each such Lot owner's sole cost and expense,
pursuant to and in accordance with Special Condition 27 of the Subdivision Decision or as
contemplated by Condition 67 of the Wetlands Order.
(b)No underground storage of fuel oils shall be allowed on any Lot within one-hundred (100)
feet of any wetland resource area,pursuant to and in accordance with Condition 81 of the
Wetland Order.
(c) Fertilizers used for landscaping and lawn care shall be slow release, low-nitrogen (<5%) and
phosphorous free, and shall not be used within twenty five (25) feet of a resource area, and
pesticides and herbicides shall not be used within one-hundred (100) feet of a wetland resource
area, pursuant to and in accordance with Condition 82 of the Wetland Order,
(d) The use of coal tar-based pavement sealants is prohibited on any Lot, as they have been
determined to contribute high levels of polyeyclic arornatic hydrocarbons(PAHs) to stormwater
runoff, pursuant to and in accordance with Condition 83 of the Welland Order.
(e) There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland
resource area including the buffer zone on any.Lot, pursuant to and in accordance with Condition
84 of the Wetland Order
In the event that any lot owner does not comply with the foregoing covenants, as set forth in
paragraph 3 of this Section B, and such failure or refusal is not cured within fifteen (15) days
after written notice of same,the Trustees may carry out the necessary measure or function, and
the costs thereof shall be assessed to the non-compliant Lot owner.
C. Restrictions
1. None of the Lots subject to this Declaration shall be used for non-residential purposes;
provided, however,that home office use may be allowed, to the extent allowed under any
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Bk 15802 Pg258 #6944
applicable provision of the Town of North Andover Zoning By-Law.
2. Only one single-family dwelling, together with usual and customary accessory buildings,
garages or sheds(whether attached or detached and so long as the same shall be sited,permitted
and installed in compliance with all applicable bylaws,rules and regulations),may be
constructed on any Lot in the Project.
3. Any exterior sign on any Lot in the Project shall be no more than six square feet, showing the
name of the owner or occupant and the name or number of the lot.No commercial or advertising
signs of any kind shall be erected,placed, permitted or maintained on any Lot or improvemezit
except for a single sign of not more than four square feet advertising a lot or house for sale. This
prohibition shall apply to any sign advertising the builder or remodeler of home. All signs shall
be compatible with the environment, and under no circumstances shall projecting signs, neon or
brightly-lit or self-lit signs be permitted on any lot. Notwithstanding the forgoing provisions of
this paragraph,the Declarant reserves the right to place signs on the property advertising Lots or
home sales. The number and size of such signs installed by the Declarant shall be in the
Declarant's sole discretion.. Specifically a"subdivision"sign or signs on the premises and/or a
sign advertising the Declarant's Lender may be installed and shall remain until removed by the
Declarant or its agents.
4. No mobile home, trailer, recreational vehicle or similar temporary or moveable vehicle or
structure shall be used for residential purposes on any Lot.No structure of a temporary character,
trailer, basement,tent,shack, garage,barn or other building or other outbuilding shall be used on
any Lot at any time as a residence either temporarily or permanently.
S. No noxious, dangerous,unduly noisy,or offensive use or activity shall be carried out on any
Lot, nor shall any unlawful activity be carried out thereon.Each Lot shall be maintained to
project a neat appearance.
6. No clotheslines shall be allowed and no clothes shall be hung or placed outside, so as to be.
visible from any other lot within the Project; clotheslines shall only be allowed in the rear yard of
a home and if adequately screened so as riot to be visible from the front or side of the home or
from another Lot(where screening from visibility is required under this Declaration the Trustees
shall have authority to make a determination as to whether screening is reasonable, but for
purposes hereof a 6 foot wooden fence, by way of example and not to the exclusion of other
methods of screening,shall be deemed to provide adequate screening.)No trash,waste, refuse,
tools, garden equipment, children's play things, or other property shall be allowed to accumulate
outdoors, so as to give an unsightly appearance. No unregistered and/or inoperable motor vehicle
of any type and no boat, camper, recreational vehicle, trailer, or other similar vehicles shall be
parked or maintained on any Lot unless the same shall be in the rear yard and shall be screened
(00127254,v3)
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Bk 15802 Pg 259 #6944
so as not to be visible from the front or side of the home or from another Lot. No Lot shall be
used or maintained as a dtiraping.ground for rubbish. Trash, garbage or other waste shall not be
kept except in sanitary containers and said containers should be kept out of sight until collection.
All equipment for the storage or disposal of such material shall be kept in a clean and sanitary
condition.
7. No animals, livestock, or poultry of any kind shall be raised,bred, or kept on any Lot, except
that a reasonable number of household pets shall be allowed provided that they are not kept,
bred, or maintained for any commercial purposes. No pet shall create unreasonable noise or
create a nuisance or annoyance to neighbors. The owner of each Lot shall be responsible for
cleaning up after and removing all animal waste, promptly, and whether such waste shall be on
the owner's Lot or on any common area or other property. All animals shall be safely and
properly restrained, at all times, in accordance with any applicable leash laws. The Lot owner
shall be responsible for compliance hereunder whether the pet or animal shall belong to the Lot
owner or to their invitee or guest.
8. All fences shall be constructed with finished side facing away from the dwelling. No chain
link.fencing will be allowed if within public view, However, under no circumstances shall silver
or galvanized color chain link fence,posts or parts be approved, No fence shall be constructed
between the front plane of any house and the street unless approved by the Trustees. A Lot
owner wishing to install any fence shall submit a drawing of such fencing and a sample of
materials to be used to the Declarant or Trustees prior to installation. No fence shall be installed
without obtaining the Declarant or Trustee's approval.
9. All satellite dishes and installation locations shall require approval by the Declarant or
Trustees prior to installation. No satellite dishes in excess of 24" in diameter will be allowed.
10. Owners of vacant Lots, Lots with houses under construction, and Lots with finished hornes
shall at all times keep and maintain their property in an orderly manner, not permit lawns to
become overgrown, and prevent any accumulation of rubbish or debris on the premises. Front
and side yards shall be free of unattended lawn chairs, swing sets,playground/fort type
structures, swimming pools and the like. Swing sets, playground/fort type structures and
swimming pools and the like must be located directly behind the house or totally out of public
view and are to be approved by the Declarant or Trustees.
11. The following are prohibited: (a) lawn ornaments (excepting for seasonal decorations which
shall be permitted on a temporary basis, ie, up to 30 days, in and for the applicable season); (b)
above ground swimming pools; (c) exterior antennas (excepting for satellite dishes approved and
installed in accordance with Section 9 above); (d) boats, all tetrain vehicles, off road vehicles,
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Bk 15802 Pg260 #6944
snowmobiles, water craft,trailers, motor homes,campers, I2..V, vehicles, school buses and all
other commercial vehicles(unless parked in the garage or otherwise stored in a rear yard and
adequately screened in a manner conforming to these covenants so as not to be visible froin the
front or side of the home or from another Lot); (e)unregistered or uninspeeted automobiles or
automobiles being repaired, refinished or restored for a period of more than seven (7) days shall
be stored in a garage or other enclosed structure; and (f) additions or outbuildings or
appurtenances, including without limitation temporary structures or garages, unless prior written
approval has been obtained from the Trustees. For purposes hereof a commercial vehicle shall be
deemed to be a vehicle with a gross vehicle weight rating in excess of 9,000 pounds. The
maintenance of motor vchicles is discouraged, Any waste products, used motor oil, antifreeze,
grease or other lubricants may not be disposed of on or upon any part or portion of the Project,
the open space or the drainage system. Further, notwithstanding that all terrain vehicles, off road
vehicles, snowmobiles and other similar recreational vehicles are permitted to be stored on Lots
in compliance with the adequate screening requirements,the Lot owner expressly acknowledges
and agrees that such recreational vehicles shall not be used on the Common Facilities or within
the Project, and that the use of such vehicles within the Project or on any conservation areas
within or adjacent to the Project are expressly prohibited,
12. Notwithstanding the foregoing, in the event that strict conformity with the provisions of these
restrictions would cause undue hardship or injustice to an individual homeowner, the Board of
Trustees shall have the authority to approve(or disapprove, in their sole discretion) a request by
that homeowner for a Variance from the terms hereof,provided that other Lot owners are not
materially and adversely affected thereby, and provided further that any such noncompliance by
the homeowner in question does not violate the terms or provisions of any law, ordinance,by-
law,permit or approval relating to the lot or the Project.
D. Miscellaneous Provisions
1. Maintenance of Common Facilities and Drainage Easement Areas by the Board of Trustees.
The Trust, acting by and through its Board of'rrustees, shall maintain, repair, replace and
administer the Common. Facilities. In the case of any Common Facilities which are to be granted
to the Town of North Andover, including the roadway extension, such facilities shall be
maintained until such time as they may be completed by the Declarant and accepted by the Town
of North Andover. In the case of all other Common Facilities and drainage facilities and
structures which are not to be transferred to the Town of North Andover or for which
maintenance obligations are to be retained by the Homeowner Association, including the
landscaping areas within the cul-de-sac and any drainage facilities located within the Drainage
Easement Areas for which the Homeowner Association is to remain responsible,the
maintenance obligations of the Homeowner Association shall be ongoing and perpetual.
100127254;v3?
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Bk 15802 Pg261 #6944
2. Reasonable Regulations;Fines. The Board of Trustees is hereby given the power and authority
to promulgate reasonable rules, regulations and restrictions, as necessary, in order to more fully
carry out their functions and duties and to fulfill the overall purposes of this Declaration.
Moreover, in the event that the terms and provisions of this Declaration or any such reasonable
rules,regulations and restrictions are violated, the Trustees may levy a fine or series of fines
against the Lot owner, which fines shall be the personal obligation of the Lot owner and may be
assessed as a lien against the Lot, until paid. Such lien may be enforced by and at the election of
the Trustees in the same manner as a fine levied by a condominium association pursuant to
M.C.L. Chapter 1 K3A.
3. Enforcement. Enforcement of the terms and provisions of this Declaration and any further
rules, regulations and/or restrictions promulgated pursuant hereto may be at law or in equity,
against any person or party violating or attempting to violate same, either to restrain the violation
or to recover fines and/or damages. Stich enforcement actions may be prosecuted by the Trustees
or by any other party owning a Lot subject to this Declaration. The failure of any party to enforce
any such easement,covenant,restriction herein contained or adopted,pursuant hereto shall in no
event be deemed a waiver of the right to do so in any instance thereafter. In the event of a
successful action to enforce the terms and provisions hereof or any rule, regulation or restriction
adopted pursuant hereto,the party successfully seeking enforcement shall be entitled to recover
his,her or its reasonable attorney's fees and costs.
4. Severability, The invalidation of any provision of this Declaration by judgment or a court
order shall in no way affect any other provision of this Declaration, which shall thereafter remain
in full :force and effect.
5. Amendment.
(a)The Declarant expressly reserves the right to record Special Amendments to this Declaration
in order to correct typographical errors, mistakes or omissions which do not materially and
adversely affect any rights or obligations established hereby or to make any changes or
modifications hereto which are consistent with and were expressly contemplated by the
Subdivision.Approvals. Upon the sale of all of the Lots in the Subdivision by the Declarant to
third-party homeowners, this right to record Special Amendments shall be deemed transferred to
the Board of Trustees,
(b) In addition to such Special Amendments described above, this Declaration may also be
amended by written instrument executed by the Trustees, provided that the Trustees have first
obtained the written consent of 75 percent of the then record owners of the Lots subject to this
Declaration,which such Amendment shall be thereafter recorded at the Registry of Deeds;
provided, however, that as long as the Declarant owns any of the Lots in the Project,no proposed
(00127254;v3)
17
Bk 15802 Pg262 #6944
Amendment which adversely affects the rights of the Declarant shall be of any force or effect
unless consented to in writing by the Declarant.
IH. ,ADDITIONAL COVENANTS AND RESTRICTIONS FOR BENEFIT OF TOWN
1. The Declarant agrees to file this Declaration with the Essex North Registry of Deeds, and
to forward recorded copies of this Declaration to the Planning Board within thirty (30)days of
recording.
2. This Declaration shall be binding upon and inure to the benefit of the owner of each of
the Lots, and any successors in interest to the Lots, it being the express intention and
understanding and agreement that this Declaration shall constitute a covenant running with the
land. Each and all of the covenants and provisions of the Declaration shall be incorporated by
reference into and shall be referenced in the future deeds for such Lots.
3. This Declaration shall also be and is for the benefit of the Town, its successors and
assigns.
4. This Declaration shall run with the land in perpetuity from the date of recordation in the
Essex North District Registry of Deeds and shall be binding upon Declarant, Deelarant's
successors and assigns, and any other party having an ownership interest in said property
comprising any part of the Subdivision or claiming to have an interest with respect to said
property as tenants, invitees, licenses or otherwise, and all of the respective heirs, successors,
grantees, mortgagees, assigns, agents, contractors, subcontractors and employees of the
foregoing. This Declaration is hereby intended and declared to be a covenant in perpetuity held
by a governmental body as defined in and with the benefit of M.G.L. c. 184, § 32 and no re-
recordation of this Declaration under G.L. c. 184, §§23-30 or any other law shall ever be
necessary in order to maintain the full legal effect and authority thereof and Declarant and its
successors and assigns, hereby waive all their legal right to and shall forego any action in law or
equity of any kind whatsoever attempting to contest the validity of any provision of this
Declaration and shall not, in any enforcement action, raise the invalidity of any provision of this
Declaration.
5. This Declaration shall not be modified, amended, changed, or terininated or waived
without the consent of the Declarant (or Declarant's successor) and the consent of the Town.
The Declarant as well as the Town, may enforce and, if necessary, extend this Declaration in
accordance with applicable law. Declarant agrees for itself, and its heirs, successors and assigns
to execute and record such notices of restriction as are required to extend this Declaration in
perpetuity in accordance with applicable law. The Town is hereby declared to be a benefited
party to and a holder of this Declaration and the Declarant hereby appoints the Town as its
attorney-in-fact to execute, acknowledge, deliver and record any such notice or instrument on its
(00127254;v3)
18
Bk 15802 Pg263 #6944
and/or their behalf, including, but not limited to any notice or instrument which may at any time
be necessary to maintain this Declaration in effect in perpetuity. Without limiting the forgoing,
the Declarant and its successors and assigns agree to execute any such notices and instruments
upon request of the Town.
6. The Town shall have the authority and right to enforce this Declaration as a benefited
party. The Town shall have the right to enter the restricted land in a reasonable manner and at
reasonable times, for the purposes of(i) inspecting the restricted land to determine compliancc
with this Declaration; (ii) enforcing this Declaration; and (iii) taking any other action which may
be:necessary or appropriate. The Town shall have the right to bring proceedings at law or equity
against any party or patties violating or attempting to violate the terms of this Declaration to
enjoin them from so doing and to cause any such violation to be remedied, after providing
written notice to such party or parties and the Town shall recover its attorney's fees and costs in
any action of enforcement.
7. The Declarant and each of the owners of the 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 claim arising out of or related
to the obligations of the Declarant, the Owners of the Lots and their successors and assigns
pursuant to this Declaration. The Town of North Andover shall at no time have any
responsibility or liability for the maintenance and operation of the above referenced systems,
structures, swales, catch basins or facilities. The Town of North Andover shall not have any
responsibility or liability for the way shown as the extension of Rea Street on said plan until such
time as the Declarant shall construct and the Town accepts the extension of ilea Street as a
public way. In the event that the Declarant, the Owners of the Lots and their successors and
assigns fail to fulfill their obligations created by this Declaration and the Town of North Andover
is called upon to perform any work in order to ensure their proper operations and functioning, the
Declarant and each of the owners of the 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 Declarant, the
owners of the Lots, and their heirs, successors, and assigns hereby consent to the Town of North
Andover having the right after thirty days written notice to place a lien upon their property for all
such reimbursement expenditures unless within such thirty day period the parties have either
reached an agreement regarding such reimbursement or the Declarant or Lot owners have
obtained injunctive relief frown a court of cornpetctit jurisdiction enjoining the placement of such
lien, There is hereby granted to the Inhabitants of the Town of North. Andover, an easement over
the drainage easement areas and the way as shown as extension of Rea Street on said plan to
perform such work as described herein if necessary; however, all financial responsibility for any
such repairs and maintenance shall be solely that of the Declarant, the Lot owners, and their
successors and assigns.
(00127254;v3)
19
Bk 15802 Pg264 #6944
S. If any court or other tribunal of competent jurisdiction determines that any provision of
this Declaration, is invalid or unenforceable, such provision shall be deemed to have been
modified automatically to conform to the requirements for validity and enforceability as
determined by such court or tribunal. In the event the provision invalidated is of such a nature
that it cannot be so modified, the provision shall be deemed deleted from this instrument as
though it had never been included herein. In either case, the remaining provisions of this
instrument shall remain in full force and effect.
9. Any election by the Town as to the manner and tinting of its right to enforce this
Declaration or otherwise exercise its rights hereunder shall not be deemed or construed to be a
waiver of such rights.
10. Declarant and Declarant's successors and assigns, including all subsequent owners of the
Subdivision property or portions thereof, shall inform a potential purchaser in writing of this
Declaration and shall incorporate this Declaration, in full or by reference, into all deeds,
easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer
by which an interest in and/or a right to use the restricted land or any portion thereof is
conveyed.. Any such deed purporting to convey any portion of the Subdivision property or
interest therein without including this restriction in full or by reference shall be deemed and
taken to include said restriction in full even though said restriction is not expressly described or
referenced therein.
11. No amendment or release of this Declaration shall be effective untess it has been
approved in writing by the Town acting by its Planning Board (hereinafter the "Town
Approval") and said amendment or release and the requisite Town Approval has been recorded
with the appropriate Registry of Deeds and/or Land Registration Office.
12. Nothing herein shall be deemed to prohibit a conveyance subject to this Declaration of all
or any interest in the Property.
13. The undersigned represents and warrants that it has the right,power, and authority to
enter into and perform its obligations under this Declaration and that it is duly established or
organized, validly existing and authorized to do business under the laws of the Commonwealth
of Massachusetts. The undersigned agrees to maintain such right,power authority and
authorization.
(00127254;v3)
20
Bk 15802 Pg265 #6944
Executed as an instrument under seal this 3rd day of April, 2019,
Declarant;
RDM Rea Street LLC
By-. �` P
Name; Robert L. lnnis
Title: Member, a to
COMMONWEALTH OF MASSACHUSETTS
Essex, ss•
On this 3rd day of April, 2019, before me, the undersigned notary public,personally appeared
Robert L, Innis, as Member of RDM Rea Street LLC,who proved to ine through satisfactory
evidence of identification, which was a driver's license, to be the person whose name is signed
on the preceding or attached document, and acknowledged to me that he/shu signed it voluntarily
for its stated purpose, acting in such capacity, P,5 �µ�y Awry kiz.kfl fi&nj RgaaY eF
Notar PublicIc Af\ g2os�t
My C minis "on xpre .
(00127254;v3l
21
Bk 16422 Pg328 #19556 j
07-31-2020 @ 08 : 27a
AMENDMENT
OP THE DECLARATION OF TRUST AND COMMON SCHEME RESTRICTIONS F
FOR THE REA STREET EXTENSION HOMEOWNER ASSOCIATION TRUST
1
1, Robert L. Innis, Member and authorized signatory of the RDM Rea Street; LLC and R
Declarant of(lie Declaration of`I'rclSt and Common Scli(mie Restrictions for the Rea
Street Extension Homeowner Association Trust "TruSt") Ll/d/t dated April 3, 2019 and
recorded wil€i the Essex North Registry ot'Deeds in Boo1c15802 Page245, hereby amend
said Trust all the following malmer:
Section 1, B (2): By adding subsection(vi): "the so-called "bca w deceiver"* located o:t
Lot 7 for (lie benefit of all lots, incinding carrying all opetations and-ilia intenance
agreement,with a professional company experienced in installing and maintaining
"beaver deceivers" to be iti place in perpetuity. The ecluipEnclit shall be maintained
according to the agreement and it shall be replaced ,when warranted".
P
a
Witness the hand and seal of the undersigned this 30th day of lily 2020.
o RDM Rea Street LLC
41
I obert L. I�iivs
0 Member and authorized signatory
ro
P4
COMMONWEALTH Or MASSACHUSETTS
a Middlesex: ss;
Oil this 30th day of July, 2020 [)efore me, (lie undersigned notary public, personally
appeared, Robert L. Innis, as Member of RDNI Rea Street LLC, who proved to me
through satisfactory evidence of identification which ,was person tim.-ledge, to be the
Pei-Sol) Whosename is signed on the preceding document, at�d cic owledged to me that
he signed it voluntarily for its slated purpose, acting in such ca ac , as duly authorized
signatory of RDM Rea Street LLC
Notary Public:
My
�•r,':yr",r� pti�tMlkRtCi)1 RSlaiV71
i. . s!•
1` �1• �� �0�����Ul71iG
f�:. ....••;s Ca3ns�anvrv�flE�alPllassachuse4lr
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a-rrt^r-rvv;'1'w-a,.acrv�+orr�-r�-ra4'+`9waV'�ti ',
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
s•_osrnoncn
i
Bk 16023 Pg198 #24294
1.0-01-2019 @ 12 : 58p
DEED
a
RThe undersigned, Messina Development Company, Inc., a Massachusetts corporation,
having a principal address at 277 Washington Street, Groveland, MA 01834 (the
"Grantor")
L�
in consideration of One Dollar ($1.00)
c
grants to The Inhabitants of the Town of North Andover under the control and
z custody of the North Andover Conservation Commission for open space and
conservation purposes, a municipal corporation with an address of 120 Main Street,
North Andover, Massachusetts 01845
o with quitclaim covenants
Those certain parcels of land, commonly known and shown as Parcel A and Marcel B
c situate in North Andover, County of Essex, Commonwealth of Massachusetts, as more
particularly described on Sheet 3 of 12 on plan entitled "Definitive Subdivision Plan For
"Improvement of Rea Street" in North Andover, MA,, Lotting Sheet Parcels A & B"
0i Owner: Joseph J. Averka, 260 Marbleridge Road, North Andover, MA, 01845, Applicant:
V Messina Development, 277 Washington Street, Groveland, MA., 01834, prepared by
a Christiansen & Sergi, a division of the Morin Cameron Group, Inc., 160 Summer Street,
Haverhill, Massachusetts 01830, www,CSI-ENGR.COM, Tel. 978-373-0310 Fax. 978-
372--3960 dated 6/11/18, Revised 7/31/18, 9/18/18, 1118/18, 11/21/18. 117/19, and
recorded with the Essex North Registry of Deeds as Plan No. 17901 (the "Plan").
tJi
Said Parcel A consisting of portions of the land formerly known as-Assessor's..Map_38__ _.._.___
Lot 37 and Map 38 Lot 36, and said Parcel B also known as Assessor's Map 38 Lot 47.
M
Parcel A containing approximately 117 acres +/- and Parcel B containing approximately
0 6 acres +/-, according to said Plan.
a
Subject to and with the benefit of all easements, rights, restrictions, covenants,
conditions, takings and other matters of record, insofar as the same are now in force
and applicable. Without limitation to the forgoing, this deed is granted subject to the
Notice of Decision dated November 13, 2018 and recorded in Boob 15764 Page 136 of
the Essex North Registry of Deeds. Subject to Conveyance of Easements and Utilities
in Book 15764 Page 147and Covenant recorded in Book 15764 Page 150.
Subject to the Orders of Conditions recorded in Book 15764 Page 99.
(00094865;vl)
MASSACHVSF.TTS STATE EXCISE TAX
Essex North Registrar
Date: 10-01-2019 0 12:58pm
Ctl#: 141 Doc#: 24294
Fee: 0.00 Cons: $1.00
Bk 16023 Pg199 #24294
The above premises are a portion only of the land conveyed to Grantor by deed
recorded at Book 15773, Page 71.
This conveyance constitutes a sale or transfer in the ordinary course of Grantor's
business and does not constitute all or substantially all of said Grantor's assets in the
Commonwealth of Massachusetts. Further, the undersigned, Marylee Messina, by her
signature below, hereby certifies that she currently remains in office as the duly
appointed President and Treasurer of Messina Development Company, Inc., and that
she is duly authorized to execute and deliver this deed for and on behalf of Messina
Development Company, Inc.
The premises hereby conveyed are not homestead property of any person and all rights
of homestead therein, if any, are hereby forever waived and released.
Executed under seal as of this 25_day of March, 2019.
Messina Development Company, lnc.
Name: Ma ee Messina
Title: President and Treasurer
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX �
On this 25 day of March, 2,0*, before me, the undersigned notary public, personally
appeared Marylee Messina, proved to me through satisfactory evidence of identification,
which was idriver's license, CI personally known to me, or❑ personally known to 31a
party witness personally known to me, to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that she signed it voluntarily
for its stated purpose, in her capacity as President and Treasurer of Messina
Development Company, Inc.,
CA2L����
Notary Public
My Commission Expires:
CAMfLLE MIRAGLI4TTA DALY
(00094865;v r) kv owelmw evk" Famoy 12.2024
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E-RECORDED
E
1yr I
DNAGE AND ACCESS EASEMENT
rk
This Drainage and Access Easement(this"Easement")is made this )r day of
M G+rrd,,__ ,2019,by the undersigned Messina Development Company,Inc.,a
Massachusetts corporation,with an address of 277 Washington Street,Groveland,MA
01834(the"Grantor"),to and in favor of the inhabitants of the Town.of North Andover,
acting by and through its Board of Selectmen, 120 Main Street,North Andover,
Massachusetts 01845 (the"Grantee").
RECITALS:
A. The Grantor is the current owner of certain land situated in North
Andover,Essex County,Massachusetts,comprised of and including seven(7)residential
building lots shown as Lot 1,Lot 2,Lot 3,Lot 4,Lot 5,Lot 6 and Lot 7(each,a"Lot",
and collectively,the"Lots"), and two(2)additional open space parcels shown as Parcel
A("parcel A")and Parcel B ("Parcel B")on a plan entitled"Definitive Subdivision Plan
for Improvement of Rea Street in North Andover,NIA,"Owner:Joseph A,Averka,260
Marbleridge Rd.,North Andover,MA 01845,Applicant:Messina Development,277
Washington Sheet, Groveland,MA,01834,prepared by Christiarisen&Sergi,a Division
of the Morin Cameron Group, Inc., 160 Summer Street,Haverhill,Massachusetts 01830,
dated June 11,2018 and recorded with the Essex North Registry of Deeds as Flan No.
17901 (the"Subdivision Plan"),
B. The Grantor intends to develop the property shown on the Subdivision
Plan and to construct certain drainage facilities on,under and within Rea Street and the
areas shown as(i)"Drainage Easement#1 A=5,730 S.P."on portions of Lot 3 and Lot 4
as more particularly shown and described on the Subdivision flan,and(ii)"Drainage
Easement#2 A=6,583 S.F."on portions of Lot 5, Lot 6 and Lot 7 as more particularly
shown and described on the Subdivision Plan(collectively,the"Drainage Easement
Areas").
C. The Grantor now desires to grant a drainage easement(the"Drainage
E sement")in favor of the Town of North Andover,upon the terms and scope as
hereinafter set forth,
D. The Grantee's.acceptance of the drainage easement does not imply or
carry with it any obligation to construct,maintain, or repair any drainage infrastructure,
facilities or any part of the Drainage Easement Areas.
(001272$7;v4)
Bk 15802 Pg239 #6942
NOW THEREFORE,in consideration of Ten Dollars($10.00)paid,the mutual
covenants contained heroin and for other good and valuable consideration,the receipt and
sufficiency of which are hereby acknowledged,and intending to be legally bound hereby,
the Grantor hereby grants this Easement in favor of the Grantee as follows:
The Grantee is hereby granted and shall have the perpetual rights and easements to
construct, inspect,repair,remove, replace, operate and forever maintain,within the
Drainage Easement Areas,underground sewers,manholes,pipes,conduits,covered
surfaces,ground water drains,underground drainage detention systems,infiltration
basins,grassed swales,drainage channels and stormwater management basins(ponds)
and all other drainage facilities and appurtenances for storage,removal,conveyance and
discharge of water,including storm water or ground water and including water from
underground detention systems,all as may hereafter be constructed or installed,if at all,
and to do all acts incidental to the foregoing,so as to maintain the drainage facilities in
good operating order and condition, consistent and in accordance with and as shown in
the Subdivision Plan. This easement is granted with the right,but without the obligation,
to construct,repair or maintain any such drainage utilities.
This easement is granted with the perpetual right and easement from time to time,
without payment,of the above named Grantee, its employees,agents,successors and
assigns,to pass and re-pass over,across and upon said Drainage Easement Areas as is
reasonable and necessary in order to repair,remove,maintain,operate and patrol said
drainage systems,including to make,upon,reasonable notice to the Grantor,or its
successors in title,such excavation or clearings as may be reasonably necessary in the
opinion and judgment of the Grantee,its successors and assigns,for the care and
maintenance of said Drainage Easement Areas,provided however,that any area
excavated shall be reasonably restored to its former condition upon making any such
excavation.
The easement as granted herein shall run with the land and shall be binding upon and
inure to the benefit of the Grantor and Grantee and their respective successors and
assigns.
For title of Grantor see deed recorded at Book L 5 913 ,page -V
(00127257;v4)
Ek 15802 Pg240 #6942
IN'WITNESS WHEREOF,the undersigned have caused this document to be executed
under seal as of this day of '�P rw 2019,
Messina Development Company,Inc,
Name"yl Messina
Title;president and Treasurer
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this 0 day of c ,2019,before me,the undersigned notary public,
personally appeared Marylee Me sins,as President and Treasurer of Messina
Development Company,Inc.,who proved to me through satisfactory evidence of
identification,which was a driver's license,to be the person whose name is signed on the
preceding or attached document,and acknowledged to me that he/she sighed it
voluntarily for its stated purpose,acting in such capacity.
QjO----c� �k
Notar&ubliq
My Commission Expires;
JODY K ALLEN
NOTARY PUBLIO
M C NWOU"ft Op J� G
10
i
(00127257;v4)
Bk 15802 Pg241 #6942
ACCEPTANCE BY TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
The Town of North Andover, Massachusetts, acting by and through its Board of
Selectmen,accepts the foregoing conveyance to said Town.
Regina lyan,Chair
P it D
Christopher obile
Richard Vaillancourt
f0.0semary eMe
COMMONWEALTH Op'MASSACHUSETTS
ESSEX, SS
On this ay of_ !!/�f,Y , 2019, before me, the undersigned
notary public, personally appeared Regina Sean, Phil DeCologero, Christopher Nobile,
and Rosemary Smedile, each proved to me through satisfactory
evidence of identification,which was a Massachusetts Driver's License and/or personally
known to me, to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that she/he each signed it voluntarily for its stated
purpose, acting in her/his capacity as a Selectman for the Town of North Andover.
otary ubiia
My Commission Expires:
LAURIe A, 'U ZL.AFF'
Notary PebttC
COlslAfUkWpA14N OF A449fiJVCNU55iT8 .
!Ny,�cirimles]on.EXptrea
Qotnber 2, 2020
{oo127257,v4t
1 157 6 4- P 1-4-7 -Z�37-4 IF1
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CH
PIANNING DL, PAWrMEN'Y
Community Devolopinent Divkion
Form M — CONVEYANCE OF EASEMENTS AND
UTILITIES
Grantor: Joseph J. Averka, (owner)
Grantee: Town of North Andover, Essex County, Massachusetts
Property Location: A portion of Lots 1, 2, 3, 4, 5, 6, and 7 Rea Street, North
Andover, MA
Interest Conveyed: Utility Easements, shown as Roadway Easement, Drainage
Easement #1 and #2 as shown on Subdivision,Plan for Rea Street Recorded at
Northern Essex Registry of Deeds as Plan No.
Messina Development Co., Inc., a Massachusetts Corporation, with an address
of 277 Washington Street, Groveland, MA 01834 ("Grantor"), for the
consideration of the Planning Board's issuance of a Decision on the Approval of
a Definitive Subdivision Plan, dated November 13, 2018, hereby grants, transfers
and delivers 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
the Right of Way Easement area on a portion of Lot I and Lot 2 (the
"Roadway Easement Area"), and Drainage Easement#1 on a portion of
(00127262A) Page 1
120 Main Street, North Andover, Massachusetts 01845
Phone 978.688,9535 Fax 978.688.9542
Edited 8/1/07
i
Lot 3 and Lot 4, and Drainage Easement#2 on a portion of Lot 5, Lot 6
and Lot 7 (the "Drainage Easement Areas"), as depicted on the plan
entitled "Definitive Subdivision Plan for Improvement of Rea Street in
North Andover, MA," Owner: Joseph J. Averka, 260 Marbleridge Rd.,
North Andover, MA 01845, Applicant: Messina Development, 277
Washington Street, Groveland, MA, 01834, prepared by Christiansen &
Sergi, a Division of the Morin Cameron Group, Inc., 160 Summer Street,
Haverhill, Massachusetts 01830, dated June 11, 2018 (the "Subdivision
Plan") and recorded with the Essex North Registry of Deeds as Plan No.
said Subdivision Plan is referenced and incorporated herein for a
complete and detailed description of said Roadway Easement Area and of
said Drainage Easement Areas.
B. The perpetual rights and easements to use, for the conveyance of
water, groundwater and stormwater associated with residential uses, the
way known as Rea Street, inclusive of the Roadway Easement Area, and
the Drainage Easement Areas situated adjacent thereto, in said Town of
North Andover and as depicted on the Subdivision Plan.
The Grantor warrants that the aforesaid easements are free and clear of all
liens or encumbrances, that Grantor has good title to transfer the same, and
that the Grantor will defend the same against claims of all persons.
For Grantor's title seP rippd of Joseph J. Averka dated ;, „ fit and
recorded at Book -1 - Paget
i
This is not a homestead property.
To be completed if a mortgage exists:
And , the present holder of a mortgage on
the above described land, which mortgage is dated _ -, and
recorded in said Deeds, herewith, at Book , Page , for
consideration paid, hereby releases unto the Town forever from the operation
of said mortgage, the rights and easements herein above granted and
assents thereto.
By: 1 E.
Being an Authorized signature of Mortgage Owner
y
(00127262,0) Page-'2
120 Main Street, North Andover, Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542
Edited 8/1/07
IN WITNESS WHEREOF we have hereto set our hands and seal this it day of
2019.
Owner:
Joseph J. Averka
By:
Name.
Title:
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this' f day of L , 2019, before me, the undersigned notary
public, personally appeareddti,�.,�,.� :� ; u , as of
, who proved to me through satisfactory evidence of
identification, which was a driver's license, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that
he/she signed it voluntarily for its stated purpose, acting in such capacity.
Notary Publi
My Commis ion Ex.p e :
DEBORAH A, BEGtEy
NOTARY Puurc
I Commonweollh of Masscauserh
yf( My commission ExpGas'
January 2, 2026
i
(00127262;v3) Page 3
120 Main Street, North:Andover, Massachusetts 01845
Phone 978.088.9535 Fax 97-5.688.9542
Edited 8/1/07