Loading...
HomeMy WebLinkAbout1986-06-16 Legal Documents DEF SUB DECLARATION OF RESTRICTIVE COVENANTS Know all men by these presents then, Flintlock Realty Trust of North Andover , County of Essex , Commonwealth of 'Massae,husetts , being the owner of certain real estate situated in said -No . Andover and described as follows : [DESCRIPTION] hereby imposes the following Restrictions on said premises , which said restrictions shall expire on .� y �► 2021 . 1 . No building or other structure shall. ,be ' erected , placed , or allowed to stand on any lot for any purpose other than for a residence for a single family or in connection with such a residence , nor shall such a building or structure be used in whole or in part for carrying on any trade , commerce or profession . It is not .meant hereby to prohibit use of the structures by its occupants as accessory office and work space in conjunction with a primary office and work location outside the home . Such use will , be allowed only if no external evidence of such use exists . 2 . No building or structure , whether residence , accessory building , swimming pool , fence or other improvements , shall hereafter be constructed upon any lot , nor shall any altera- tion to the exterior of a structure be made unless complete plans , specifications and plot plans therefore , showing exterior design , height , building material and color scheme therof , the location of the structure plotted horizontally and vertically , the location and size of driveways , site utilities , the general plan of landscaping , fencing , and walls , and. the grading p.lan shall have been submitted to and approved in writing by Flintlock Realty, Trust or its succes- s o r in title . �c.`c x G Lt.�.��.� c 3 . Fences may be placed up to three feet of any lot line . Ccycl�� w� No fence exceeding six ( 6) feet in height shall be permitted on any lot . 4 . No trees exceeding thirty ( 30) feet in height shall be cut or removed without prior written consent of Flintlock Realty Trust or its successor i-n title . c •N. 5 . No clothes lines or other clothes drying facilities ` shall be placed on any lot , the storage of garbage , refuse or rubbish in suitable containers only , shall be screened from adjacent lots by shrubs and/or approved fences . 2 - 6 . No farm animal or fowl shall be maintained on any .lot , other than a reasonable number of household pets , nor shall such pets be bred or maintained for purpose of resale . 7 . No sign or advertising material shall be displayed on any lot , save for purposes serving the initial construction or subsequent resale of the residence thereon. 8 . No above-ground swimming pool shall be permitted on any r lot , and any approved swimming pool shall be suitably screened from adjacent lots ' by approved trees , shrubs and/or . fences . 9 . No exterior lighting shall be permitted of such inten- sity that would unreasonably . disturb owners of other lots subject to these restrictions . 10 . The following items may not be maintained in open storage : Boats , campers , trailers , machinery , supplies or materials , and unregistered motor vehicles . 11 . Any construction once started , including landscaping , must be, completed within a six ( 6 ) month period unless waived in writing by Flintlock Realty Trust or its succes- sors in title . . For each day or a part thereof in which the const"ruction or other work is not " completed, a penalty of $100 .00 per. day shall be payable to Flintlock Realty Trust or its successor 'in title . Flintlock Realty Trust or its successor in title shall be notified in writing regarding the commencement date of any construction or landscaping . 12 . All houses and subsequent structures shall have a wood roof. 13 . There shall be a minimum of 3 , 000 square feet of living area exclusive of the attic or basement , in each home constructed on each lot . 14 . The Buyer shall work , at his own expense, in conjunc- tion with the Landscape Architect appointed by Flintlock Realty Trust or its successor in title in locating the house , driveway entrance and path , trees , shrubs , rock walls , gates , swimming pools , elevations , swales , contours and sidewalks . 15 . All landscape plans shall be approved by Flintlock Realty Trust .or its landscape architect or its successor in title prior to the commencement of any landscaping on the lot . 16 . All. .utility service lines shall be placed underground . i j r f - 3 - 17 . Tc alleviate any unreasonable hardship in any particu- lar instance , . these restrictions may be waived or modified by Flintlock, Realty Trust or its successor in title , such waiver or modification to be indicated in writing in proper form to be recorded , qnd recorded at the North Essex Regis- try of Deeds . 18 . If any provision herein shall be declared invalid by any court , such invalidity shall in no way affect the validity of any other provision . 19 . These restrictionst an ot may an bofetheseerestr by gctions owner byaaction ved by any viola Y in equity in any court of cotnpetent ,jurisdiction . FLINTLOCK REALTY TRUST David A . Kindred , Trustee Tniel�T . Kindred , Trustee _ , Peter 0 .._._ -- Tighe , TTrustee L COMMONWEALTH OF MASSACHUSETTS 19B6 Middlesex , -ss . Then personally appeared before me ©avid A. Kindred,, Daniel T . Kindred , and Peter J . Tighe , Trustees of Flintlock F wledged the foregoing to be their Realty Trust , and ackno free act and deed . — Philip R . Shea , Notary Public My commission expires : 9/9/88 s (" DECLARATION OF RESTRICTIVE COVENANTS PLANNING Know all men by these presents that Flintlock Realty Trust of North Andover , County of. Essex , CommonwealLh' of Massachusetts , being the owner of certain real estate situated in said No. Andover and described as follows : Lots 1 through 5 , inclusive , on a plan entitled , "Cranberry Lane Subdivision Plan of Land in North Andover , Massachu- seLLs, for Flintlock Realty Trust , " DiPreLe-Marchiond & Assoc . , Inc . , which said plan is recorded iwLh the Essex North District Registry of Deeds herewith , and to which said plan and the record thereof reference is hereby made for a more complete description of said Lots 1 through 5 inclusive . hereby imposes the fallowing Restrictions on said premises , which said restrictions shall expire on October 3 , 2021 . 1 . No building or other structure shall be erected , placed , or allowed to stand on any lot for any purpose other than for a residence for a single family or in connection with such a residence , nor shall such a building or structure be used in whole or in part for carrying on any trade , commerce or profession . It is not meant hereby to prohibit use of the structures by its occupants as accessory office and work space in conjunction with a primary office and work location outside the home . Such use will be allowed only if no external evidence of such use exists . 2 . No building or structure , whether residence , accessory building , swimming pool , fence or other improvements , shall hereafter be constructed upon any lot , nor shall any altera- Lion to the exterior of a structure be made unless complete plans , specifications and plot plans therefore , showing exterior design , height , building material and color scheme therof, the location of the structure plotted horizontally and vertically , the location and size of driveways , site utilities , the general plan of landscaping , fencing , and walls , and the grading plan shall have been submitted to and approved in writing by Flintlock Realty Trust or its succes- sor in title . Exterior design of any building or structure must be consistent with the character and appearance of the North Andover Olds Center Area. 3 . Fences may be placed up to three feet of any lot line . No fence exceeding six ( 6 ) feet in height shall be permitted on any lot . 4 . No trees exceeding thirty ( 30 ) feet in height shall be cut or removed without prior written consent of Flintlock Realty Trust or its successor in title . r k 2 - 5 . No clothes lines or other clothes drying facilities shall be placed on any lot , the storage of garbage , refuse or rubbish in suitable containers only , shall be screened from adjacent lots by shrubs and/or approved fences . 6 . No farm animal or fowl shall be maintained on any lot , other than a reasonable number of household pets , nor shall such pets be bred or maintained for purpose of resale . 7 . No sign or advertising material shall be displayed on any lot , save for purposes serving the initial construction or subsequent resale of the residence thereon . S . No above-ground swimming pool shall be permitted on any lot , and any approved swimming pool shall be suitably screened from adjacent lots by approved trees , shrubs and/or Fences . 9 . No exterior lighting shall be permitted of such inten- sity that would unreasonably disturb owners of other lots subject to these restrictions. 10 . The following items may not be maintained in open storage : Boats , campers , trailers , machinery, supplies or materials , and unregistered motor vehicles . 11 . Any construction once started , including landscaping , must be completed within a six (6 ) month period unless waived in writing by Flintlock Realty Trust or its succes- sors in title . For each day .or a part thereof in which the construction or other work is not completed , a penalty of $100 .00 per day shall be payable to Flintlock Realty Trust or its successor in title . Flintlock Realty Trust or its successor in title shall be notified in writing regarding the commencement date of any construction or landscaping . 12 . All houses and subsequent structures shall have a wood roof. 13 . There small be a minimum of 3 , 000 square feet of living area exclusive of the attic or basement , in each home constructed on each lot . 14 . The Buyer shall work , at his own expense , in conjunc- tion with the Landscape Architect appointed by Flintlock Realty Trust or its successor in title in locating the house , driveway entrance and path , trees , shrubs , rock wails , gates , swimming pools, elevations , swales , contours and sidewalks . 1 _ 3 15 . All landscape plans shall be approved by Flintlock Realty Trust or its landscape architect- or its successor in title prior to the commencement of any landscaping on the lot . 16 . All utility service lines shall be placed underground . 17 . To alleviate any unreasonable hardship in any particu- lar instance , these restrictions may be waived or modified by Flintlock Realty Trust or .its successor in title , such waiver or modification to be .indicated in writing in proper form to be recorded , and recorded at the North Essex Regis- try of Deeds . 18 . If any provision herein shall be declared invalid by any court , such invalidity shall in no way affect the validity of any other provision. 19 . These restrictions may be enforced by any owner aggrie- ved by any violation of any of these restrictions by action in equity in any court of competent jurisdiction. FLINTLOCK REALTY TRUST Davies Kip re T uste Daniel T. Kindred , TrusteeW eter . }TxghTrustee COMMONWEALTH OF MASSACHUSETTS Middlesex , ss . October 2 , 1986 Then personally appeared before me David A . Kindred , Daniel T . Kindred , and Peter J . Tighe , Trustees of Flintlock Realty Trust , and acknowledged the for oing to be their free act and deed . / Phi J.p .i Shea , N0Cary Piiti l is My commission expires : 9/9/88 FORM a RELEASE roPm The undersigned , being a majority of the Planning Board of the Town of North Andover , Massachusetts , hereby certify that : a . the requirements for the construction of ways and municipal services • called for the the Performance Bond or Surety and dated 19 Ai and/or by the Covenant dated 19 and recorded in District Deeds , Book Page or registered in Land Registry District as Document No . and noted on Certificate of Title No . in Regis- tration Book Page ; has been completed/partially completed , to the satisfaction of the Planning Board to ade uately serve the enumerated lots shown on Plan entitled i t&11" � z rr�Q'. �>. 6!P/ S e c t i o n ( s ) Sheets Plan dated ,, , 19 recorded by the G-S � Regis try of Deeds , Plan Book , Page or registered in said Land Registry District , Plan Book , plan and said lots are hereby released from the ro - strictions as to sale and building specified thereon . Lots designated on said Plan as follows : ( Lot number( s ) and street ( s ) ) b . ( To be attested to by a Registered Land Surveyor) I hereby certify that lot number( s ) - -i TiI���� (P on .:�-cl8 r-71" Street ( s ) do conform to layout as shown on Definitive Plan entitled La `� rev .�� tc►S Se Sheet ' k�-1\� eat= �.�iyU lu �<<Yz.it•� lwt�cn.�'L NiA g` � d;: Re i t e d �L--a n-d--5-u-"-e y o'r a' c. The Town of North Andover ., a municipal corporation situated in the County of Essex , Commonwealth of Massachusetts , acting by its duly organized Planning Board , holder of a Performance Bond or Surety dated �, ,�I11��,p. V c,2Q � a� and/or a Covenalnt dated 3r� , 19 from of/the City/Town of /t� /�N?sdU County , Massachusetts recorded with e G =77t Di stri ct Deeds , Book �.3_,, / , Page jf or registeredin Land Registry District as cement No . and noted on Certificate of Title No . in Registratio Book Page acknowledges' sates action of the terms thereof and ereby re� Teases its right , title and in - terest in the lots designated on said plan as follows : EXECUTED as a sealed instrument this day of /—e4f u 190 49 t Majority of the Planning Board of the Town of ' d North Andover COMMONWEALTH OF MASSACHUSETTS s s . �e i�r�aCT 19 07 Then personally appeared S/J77[7 one of the above named members of the Planning Board of the Town of—North Andover,. Massachusetts and acknowledged the foregoinn instrument to be the free act and deed of said Planning Board , before me , Notary Public My Commi ss on Expires 9 ( Page 2 of 2 ) FORM I I'H _.... � .. , �, i ' COVENANT �p No. Andover , MA KNOW ALL MEN by these presents that the undersigned has submitted an application dated 3-17--86 to the No. Andover Planning Board for approval of a Definitive Plan of a subdivision of land entitled: Cranberry Lane Subdivision Plan of Land No. Andover plan by: DiUretg.,_HgX.ghiwda & Associates, Inc. T _' dated by: February. dab ► owned by: George B. Stern and Wendy W& Stern address: 58 Osgood St. , No. Andover land located: Osgood St. ,, No. Andover and showing 6 proposed lots . The undersigned has requested the Planning Board to approve such plan without requiring a " performance bond. IN CONSIDERATION of said Planning Board of No. Andover in the county of Essex approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the town as follows: 1. That the undersigned is the *owner in fee simple absolute of all the land included in the subdivision and that there are no mortgages of record or otherwise on any of the land, except for those described below, and that the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. *If there is more than one owner , all must sign. "Applicant" may be an owner or his agent or representative , or his assigns , but the owner of record must sign the govenant . 2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any permanent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve. such lot has been completed in accordance with the covenants , conditions , agreements, terms and provisions as specified in the following: a . The Application for Approval of Definitive Plan (Form C) . b. The Subdivision Control. Law and the Planning Board ' s Rulers and Regulations governing this subdivision. C . The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated 6-16-86 Page 1 of 4 • i i d . The Definitive Plan as approved and as qualified by Certificate of Approval . e. Other document.(s ) specifying construction to be completed, namely, None However , a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which provides that no lot be sold or conveyed o:- shall be built upon until ways and services have been provided to serve such lot . 3. That this covenant shall be binding upon the executors , admistrators , devisees, heirs , successors and assigns, of the undersigned and shall constitute a covenant running with the land included in the subdivision and shall operate as restrictions upon the land . 4. That particular lots within the subdivision shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released. 5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant , of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. 6. That the undersigned agrees to record this covenant with the Essex County Registry of Deeds, forthwith, or to pay the necessary recording fees to the said Planning Board in the event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the Definitive Subdivision Plan as approved. 7. A deed or any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three ( 3 ) years from the date of such deed, as provided in . Section 81-U, Chapter 41 , M.G. L. 8. That this covenant shall be executed before endorsement of approval of the definitive plan by the Planning Board and shall take effect upon the endorsement of approval . Said covenant shall expire two years from the date of endorsement of the definitive plan . Page 2 of 4 1 t 9. Upon final completion of the construction of ways and installation of zlad-'. nicipal services as specified herein, on or before / . � { the Planning Board shall. release thYvnant by an appropriate instrument, duly acknowledged . Failure to complete construction and installation within the time specified herein or such later date as may be specified by vote of the Planning Board with a written concurrence of the applicant, shall result in automatic rescission of the approval of the plan. Upon performance of this covenant with respect to any lot, the Planning Board may release such lot from this covenant by an appropriate instrument duly recorded. 10. Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and installation of municipal services from time to time or from securing by one, or in part by one and in part by another of the methods described in M.G.L. , Chapter 41 , Section 81- U, as long as such security is sufficient in the opinion of the Planning Board to secure performance of the construction and installation. .For title to the property, see deed fromKrnest L. Wilkinson & Helen K. Wilkinson dated 6-5-71 , recorded in Essex Regis try of Deeds, Book 1220 , Page 30 , QxxxlkOg�AAk2MOdxx6ax R-18A CrZFX—yx42PAXD PAMRR)txxNog , ax rkx dxxx s[x �c �g Z RA AAA Rx�M• r 1�xxkl e x x nxx� , �sj ift xgxyxxxfzxdxxgt� , P&gAxx , cx]cyks*eMdxxxi nx x ax x oIfxxUi)t x '1'. xm�x�aszxa�esxxtxetxcx� xTl����� x�#� � t�7xx��cx�4�33�k�exx�e�xti�xst�boc�cexx�tx�kx ��`�x ��xx� c t����xx��a�����xi3tM�Cxx��R�de�x�e$ �sxx�bt�xxida��L�xx�4�x��e ' mR�'x �€��x�xtrC��xx�e�x��txxtx�tt ��9'x��x�lga�x�x s kt�.��� ��xtx##ae�xa��x�c�emx�rxtxx gPVA=(gxx)afxx " r wexxmmxkmmxh�mx-*hexxprem:i n xxshmkixx xm-m4watKxxmxxthLr�,,xxxxx I�� sf�klt��k�� cxk�kx��YK�txx��ts �x�rdxxi���s;�a��xxa�;xx��x}���x�� t,�r r � 3��kxgiacx �Exxet� r3yxx } ecxxxyi ' tt� x { xxxx Page 3 of 4 1 IN WITNESS WHEREORF we have hereunto get our -hands a d seals this - -39* of _September _ e 19 86 r: a Acceptance by a Majority of the Planning Board of ,V 6, rZ COMMONWEALTH OF MASSACHUSETTS Essex, ss. September 30,`` 1986 ' Then personally appeared the above named and acknowledged the foregoing to be the free act and deed of No. Andover Planning .Board, before me, Notary Public My commission expires: Page 4 of 4 F } DRAINAGE EASEMENT ` George B. Stern and Wendy W. Stern, both of 58 Osgood Street , North Andover, Massachusetts, for consideration paid, hereby grant to David A. Kindred, Daniel T. Kindred, and Peter J . Tighe ,,. stees of FLINTLOCK REALTY TRUST, au/ / recordedthe Wi4 North Registry of Deeds at Book ,� Page —1-0Z an easement appurtenant to the land now owned or hereafter acquired in North Andover, Essex County, Massachusetts by David A. Kindred, Daniel T. Kindred, and Peter J . Tighe , Trustees of FLINTLOCK REALTY TRUST on and over the parcel of land in said North Andover as hereinafter described; A parcel of land on the Westerly, Northwesterly and Northerly side of Lot 6 shown as "Proposed Drainage Easement" on a plan of land entitled "Cranberry Lane Subdivision Plan of. Land in North Andover , Massachusetts for Flintlock Realty Trust, P.O. Box 531, North Andover, Massachusetts'' dated February 1936, by DiPreete-Marchionda & Assoc . , Inc, and recorded herewith as Plan No. 1,) V61 more particularly bounded and described: Starting at the Southwesterly corner of Lot 6 as shown on said plan and running therefrom Northerly by Lot 5 N 00 . 43 .40E one hundred and seventy eight and 28/100 ( 178 . 28 ) feet; thence Easterly S 87 . 36 . 17E eighty two and 34/100 (82 . 34 ) feet and one hundred and fifty and 85/100 ( 150 .85 ) feet to a point on the westerly side of Osgood Street; thence Southerly by the westerly side of Osgood Street twenty ( 20 ) feet; thence Westerly N 87 . 36 . 17 W one hundred and twenty ( 120 ) feet; thence Southwesterly S 36 . 28 . 52 W eighty (80 ) feet; thence Westerly N 83 . 16 . 20 W forty five (45) feet ; thence Southerly S 00 .43 . 40 W ninety ( 90 ) feet; thence Westerly N 89 . 16 . 20 W twenty (20 ) feet to the point of beginning . The easement is to be used for drainage purposes including the repair and maintenance and replacement of culverts , pipes, conduits and other drainage facilities, and LAW OFFICES OF :GINALO L, MAIIOEN, P.C. 23 CENTRAL. STREET - �NDQVER, MA59, OEBIO TEW 017) 470.0471 � j I including the right to enter onto the easement to perform such drainage work. The property to be benefitted is shown as Lots 1-5 on a plan entitled "Cranberry Lane Subdivision plan of land in North Andover for Flintlock Realty Trust recorded as Plan WITNESS WHEREOF, George B. Stern and Wendy W. Stern witness our hands and seal this day of September, 1986. �S eorge , Stern Wendy W Stern COMMONWEALTH OF MASSACHUSETTS Essex, ss. September 30 , 1986 Then personally appeared before me the above-nailed Aeorge B. Stern and Wendy W. Stern and acknowledged the fpregpinT-7to be theiir tree act and deed before me . V4 Notary Public My commission expires: Reeord1r-1&-,0`c't.3,1986 at 3:1PD11 #32983 LAW OFFICES OF REGINALD L. MARDEN. P.C. 23 CENTRAL STREET ANDOVER. MASS. Of41O TRLI (017) 47O.0477 32�813 /,Yl �3 � 4cT 3 3 QI P '8 RF��FtD�� PEG:S t RY OF DEEDS stofEs - ES ; �^ RECEIVE 3, 1 fit lc� REGISTER OF DEEDS a