HomeMy WebLinkAbout07-18-1989 Usable Open Space Restriction PRD -unsigned- � t
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OFFICES OF: of°;"'°:�'"aa� Town of 120 Main S11'c CI
BUILDING
NORTH ANDOVER NOrI, nllh�i°�'`_'l',
CONSERVATION '• NIIEISS�ICLISCRS 0184-5
HEALTH aAtnuss� DIVISION OFF (508) 682-611.83
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
Joel Bard
Kopleman & Paige
77 Franklin Street
Boston, MA 02110
FPS a Rosemont.
Tear Joe 1 ;
Enclosed you will find the Usable Open Space Remstrict ion for the
above roferonood project. I have? merit you a latter with a list of
concurns reuardinp this document and mistakenly forgot to include
a copy.
As always, if you have any q uezt i aria please feel free to contact
my office.
Sincerely;
Christian C. Huntress
Environmental Planner
i
USABLE OPEN SPACE RESTRICTION
PARTHENON DEVELOPMENT GROUP, INC . , a Massachusetts
corporation having its usual place of business at North Andover,
Massachusetts , for consideration paid, grants to the Town of
North Andover, a Massachusetts municipal corporation situated in
Essex County, a Restriction pursuant to the provisions of Section
8 . 5 ( 6 ) (F) of the North Andover Zoning By-Law, as hereinafter
specified, on the land hereinafter described, and to that end, to
the grantor, for itself and its successors and assigns , hereby
specifies, provides, covenants with the grantee, and grants as
follows :
1 . The Restriction hereby granted shall be perpetual,
and the right to enforce the same shall be managed and controlled
by the Planning Board of the Town of North Andover.
2 . The land affected by said Restriction constitutes
those portions of the land of the grantor in said North Andover
which are designated as Usable Open Space and delineated as such
on the plan annexed hereto as Exhibit A, which land was conveyed
to the grantor by deed dated March 16 , 1988 recorded with Essex
North Registry of Deeds in Book 2693, Page 27 .
3 . The rights hereby granted constitute the perpetual
right to enforce the Restriction, and the grantor hereby
covenants for itself and its successors and assigns as aforesaid,
to stand seized and hold title to said premises subject to the
restrictions that said premises shall be retained as Usable Open
Space as defined in said Section 8 . 5 (6 ) (F) and as provided in the
following paragraph 4 hereof, and the grantor, and its successors
and assigns , shall neither perform nor permit others to perform
any of the following activities on said land:
( i) Construction or placing of any building or other
structures on or above ground expect as are
currently permitted in Usable Open Space pursuant
to said Section 8 . 5 ( 6 ) (F) ;
( ii) Dumping or placing of trash, waste or unsightly
or offensive materials;
( iii) Use of said land except for Usable Open Space
purposes as defined in said Section 8 . 5( 6 ) (F) and
except for such roads, drainage facilities , and
site work as may be permitted by the Site Plan
for Rosemont (as hereinafter defined) approved by
said Planning Board.
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4 . The land affected by this Restriction is a portion
of a tract of land containing 45 . 8 acres which is to be developed
as Rosemont, a 44 unit condominium pursuant to a Planned
Residential Special Permit issued.
The grantor shall have, and hereby reserves unto itself and
its successors and assigns , the rights and easements (a) to
develop and construct said Rosemont project on the portions of
said land which are not hereby so restricted, pursuant to and in
accordance with applicable law and permits issued and to be
issued therefor, (b) for purposes of such development and
construction, to use and have access to such hereby restricted
portions of said lands as are necessary thereto, (c ) for purposes
of such development and construction, to install, construct,
maintain, repair, replace, and use such underground utility
lines, and drainage facilities , site work, and such fire lanes or
emergency access ways , through such hereby restricted portions of
said land as , are necessary thereto, (d) for purposes of such
development and construction, to grade and alter the grade of,
and to landscape, plant and replant, such hereby restricted
portions of said land as are necessary thereto (e) for the
benefit of all residents of said Rosemont project, to use, and to
maintain said restricted premises in suitable condition for use
as Usable Open Space as hereinbefore defined.
5 . By hereby establishing said Restriction the grantor
does not hereby grant either to said Town or to the public any
right to enter said premises or any portion thereof, except that
the grantor hereby grants to said Town an easement of access , at
reasonable times and after prior notice to the grantor or its
successors or assigns , by said Town's Planning Board for the
purposes of inspecting the premises in order to insure compliance
with and fulfillment of the foregoing restrictions .
6 . The land hereby restricted shall be and constitute
Usable Open Space provided by the grantor for all purposes of the
North Andover Zoning By-Law.
7 . This Restriction is to be administered by said
North Andover Planning Board and may be modified or amended by
said Planning Board and the grantor and its successors and
assigns .
No Massachusetts deed excise stamps are affixed hereto, as
none being required by law.
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Witness the execution hereof under seal this day of May,
1989 .
PARTHENON DEVELOPMENT GROUP, INC.
BY:
JOHN J. NOLAN, its President
and Treasurer
COMMONWEALTH OF MASSACHUSETTS
Essex, ss . May _. 1989
Then personally appeared the above-named JOHN J. NOLAN and
acknowledged the foregoing to be the free act and deed of
Parthenon Development Group, Inc . , before me,
Notary Public
My Commission Expires :
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