HomeMy WebLinkAbout1973-01-09 Legal Documents DEF SUB SUBDIVISION CONTROL AGREEMENT \fi,
SECURING THE CONSTRUCTION OF r
WAYS AND MUNICIPAL SERVICES lll.
AGREEMENT made this day of , 19 , by and
between BRIAN W . COLSIA, an Individual , whose mailing address
is in care of Timothy J. Schiavoni' Esquire, 17 West Street
Haverhill , Essex County, Massachusetts , hereinafter referred to
as the "Applicant's ; and the TOWN OF NORTH ANDOVER, acting throtj
its Planning Board , hereinafter referred to as the "Board" , viz
I )
WHEREAS , pursuant to the provisions of the Massachusetts
Subdivision Control Law and the Board ' s Rules and Regulations
adopted thereunder , the Board has approved a definitive plan
entitled "Plan of Land (A Townhouse Complex) in North Andover ,
Massachusetts"., Scale l" = 40 ' , dated November 3 , 1975 , John
Callahan Assoc . , Engineers , and recorded at Essex North Distric*
Registry of Deeds as Plan No . 7324 ; and
WHEREAS , the Applicant or his predecessors , and the Board
have executed an instrument entitled "Covenant" , dated December
17 , 1979 , recorded in said Registry of Deeds , as Instrument
No . 13435 on December 17 , 1979 ; and
WHEREAS , the Applicant has tendered a cash deposit in the
amount of $ to the Treasurer of the Town of North
Andover , said principal sum to be disbursed to the Applicant as
and when municipal services shall have been installed and ways
constructed pursuant to said Plan , said Rules and Regulations
and said Covenant .
F
It is further understood and agreed that all of the above
services and ways shall be completed no later than ,
19 unless the date be extended by written amendment by mutual
agreement of the parties thereto .
In the event the work is not completed within the time set
forth or as extended , said funds as retained by the Treasurer of
the Town of North Andover shall be made available to the Board
for completion of the work, and the Applicant shall be deemed to
have authorized the release of said funds for said purposes and
to have relinquished all claims to said funds .
In consideration of the foregoing , the Board hereby re-
leases Parcel A of said "Plan of Land (A Townhouse Complex) in
North Andover , Massachusetts" , recorded at the Essex North
District Registry of Deeds as Plan No . 7324 , from the provisions
of said covenant and conditions therein imposed .
The obligations of the parties hereunder are to be con-
strued consistent with the Subdivision Control Law, and no
rights granted thereunder are waived .
EXECUTED as a sealed instrument this day of ,
19
WILLIAM CHEPULIS
William Chepulis , Chairman
A majority' of the Planning Board , acting for the Town of North
Andover , and duly authorized by vote of said Board .
BRIAN W. COLSIA
Brian W. Colsia , Individually
-2-
1
COMMONWEALTH OF MASSACHUSETTS
ESSEX , SS
Then personally appeared the above-named , BRIAN W . COLSIA,
who acknowledged the foregoing instrument to be his free act and
deed , before me ,
NOTARY PUBLIC
My Commission Expires :
3-
AGREEMENT
I
Agreement made this 31st day of December. 1979
. I
I by and between WALTER P. HUGHES and FRANCES A. HUGHES , as
I
Trustees of The Autumn Holiday Village Trust (referred to as
' I
Sellers) and , Timothy J. Schiavoni, Trustee of Prescott Village Trust
f and not individually and Brian W. Colsia as an individual (hereinafter re,
ferred to as the Buyer which term 'shall mean Timoth J. Schiavona�,
Trustee and Brian W. Colsia, jointly and severall 11
WHEREAS certain property located on Prescotl� treet in
North Andover, Massachusetts has this day been conveyed' be--
tween Sellers and Buyer; and the Buyer has given the Sellers
a second mortgage in the amount of One hundred fifty thousand
($150 ,000 .00) dollars .
THEREFORE, in consideration of the transfers the parties
additionally agree as follows.:
1. If the property is conveyed subject to a mortgage
with the •Andover' Savings Bank, the Buyer assumes and agrees
to pay the same and to not fail to perform any of the condi-
tions of said mortgage or any other mortgage superior to the
above mortgage to Sellers. And further the Buyer agrees to save
and hold harmless the Sellers from all claims , demands , actions
and deficiencies on account of said mortgage or mortgages.
2. If the Sellers co-sign a note with the Buyer with
reference to any mortgage on said property, the Buyer. agrees
to 'pay the same as required and to save and hold harmless the
I ;
II Sellers from all claims, demands , actions and deficiencies on
I� account of said note and mortgage.
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A.Q'I,
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Agreement
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Page 4
purpose of constructing residential units so long as the con-
struction. monies for each completed residential unit does not
exceed Sixty-three thousand ($63,000 .00) dollars per unit; or
in the event of an excess , subordination is agreed so long as
the proper adjustment as set out in Clause - No. 7 has been made
by the Buyer to the Sellers . ** (Please See Below)
10. if any of the bond monies posted with the Town of
North Andover for the purpose of guaranteeing the proper con- ,
struction of roadways and services on the above real. estate
become
payable to the Buyer after he has been defaulted by the
i Town of North Andover for failure to
perform, the bond monies
l shall be paid to the Sellers , and all rights to the same, in
II the event of said default, are hereby assigned to the Seller
s
The above bond may be replaced , substituted or
It by the Buyer. financed so long as the same is duly approved
by the licensing authorities of the Town of North Andover.
11. As to condition set out in paragraph #3 of said mort-
gage covenants, alienation of said real estate will be per-
mitted for the following purpose and only said purpose; i .e.
or employ (s)
to permit the mortgagor to form/a corporation/or to enter into
partnerships whose purposes or ,
purpose will be to construct roadways and/or residential units
as specifically referred to in Plan No. 7324 , which is more
fully described in deed of Sellers to Buyer.
12. It is intended that this Agreement supercedes and re-
places the Purchase and Sales Agreement made between the par-
ties .
**The Sellers ,,acrree to . subordinate second mortgage for 'the
purpose of constructing roads, ways and services so long as-
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the Sellers are..able to assume any mortgage given to that end.
I
{
Agreement
Page 5
k ,
a sealed instrument this. St-day of
Executed as , Y
I , 19 and to be attached and incorporated
with a� Note of Buyer to Sellers of the same date.
li \
i } PRES OT
by T TRUST
f , 7
eph J. C' rcoran, TO BOTH mothy . Schi voni , Trustee
Gl 4� )
B Ean 14.^Colsia, , Individually f
i
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COMMONWEALTH OF ,MASSACHUSETTS
Ik
ESSEX, SS. December 31 , 1979
1 Then personally appeared the above named Timothy J. !
Schiavoni , Trustee of PRESCOTT VILLAGE TRUST
' and Brian W. Colsia, Individually and acknowledged
the foregoing instrument to be their free act and deed, be
fore me,,
{ Y Notary Public
Stephe J. ,Corcoran
My Commis on expires : 7/7/83
CJ
AUTUMN, H Y V L AGE TRUST
byl ` ¢
a to l P. f_ui q s , Trustee
1v" tl�._�
Frances A. Hug , Trustee
COMMONWEALTH OF MASSACHUSETTS
ESSEX , SS December 31, 1979
Then personally appeared the a �4ve named Walt P, Hughes
and Frances A. Hughes, Trustees of 14M TUMN H L` A V LLAGE TRUST,
and acknowledged the foregoing ins 6e b h it free act
and deed, before me,
ep n J. Co coran ,
Not y Pubj !
My Commiss 'on Expires : 7/7/83
t
COVENANT
KNOW ALL MEN by these presents that whereas the undersigned
has submitted an application , through its successors , dated
November 29 , 1972 , to the North Andover Planning Board for
approval of a definitive plan of a certain subdivision entitled:
"Plan of Land (A Townhouse Complex) North Andover , Massachusetts ,`
dated November 3 , 1975 , Engineers , John Callahan Associates , and
said plan was approved on November 17 , 1975 ,
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consider-
ation of the North Andover Planning Board approving said plan
after having required a performance bond, and in consideration
of One Dollar in hand paid, receipt whereof is hereby acknowledg-
ed, the undersigned covenants and agrees with the Town of North
Andover as follows :
1. That the undersigned represents and covenants that the
undersigned is the owner in fee simple of all the land included
in the aforesaid subdivision and that there are no mortgages of
record or otherwise on any said land, except such as are
described below and subordinated to this contract , and the
present holders of said mortgages have assented to this contract
prior to its execution by the undersigned.
2 . That the undersigned represents and covenants further
that the roads and ways now or hereafter constructed in or
within the premises which make up the subdivision are now and
shall be in perpetuity private. The undersignedfor itself and
its successors and assigns further represents and covenants that
no road or way now or hereafter located within the premises whichi
make up the subdivision will ever be presented to the Town of
North Andover for dedication as a public way. In addition, the
undersigned represents and covenants that it shall maintain ,
service and repair all roads or ways now or hereafter located
within the premises which make up the subdivision.
3. That this agreement shall be binding upon the executors , '',
administrators , devisees , heirs , successors and assigns 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 included in the aforesaid
subdivision and shall operate as restrictions upon said land.
IN WITNESS WHEREOF, the unders ' ned appli nt as aforesaid, ;
is applicant/owner.
PRES V T
by
TXAOTHY' , Trustee
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS
Then personally appeared the above-named, Timothy J.
Schiavoni , Trustee, and acknowledged the foregoing instrument
to be the free act and deed of PRESCOTT VILLAGE TRUST.,
NOTARY PU#LTC
My Commission Expires (11-)
COVENANT RUNNING :ITH THE LkND-- ---
Pursuant to the provisions of Mass. G.L. c ,41, Section
81U, we, Trustees of Autumn Holiday Village Trust, 13
Lockway Road, Andover, Massachusetts, being the owners o
that tract of land in said North .Andover, shown on that
plan . of land #�324 and entitled "plan of Land (A Town-
house complex) in North Andover, Massachusetts. % drawn
I
by Jahn Callahan Associates dated November, 1975, hereby ;
COVENANT with the planning board of said North Andover,
as its membership now is and may from time to time here- '
after be constituted as follows;
THAT THE WAYS -:REQUIRED TO BE CONSTRUCTED AND THE MUNI-
CIPAL SERVICES REQUIRED TO BE INSTALLED WITHIN SAID
TRACT, PURSUANT TO THE RULES AND REGULATIONS OF SAID
BOARD, INCLUDING ANY CONSITIONS WHICH HAVE BEEN OR SHA L
HEREAFTER BE SPECIFICALLY IMPOSED BY IT RELATIVE TO T
SUBDIVISION OF SAID TRACT, SHALL BE PROVIDED TO SERVE
- : ANY LOT M OWN ON SAID PLAN BEFORE SUCH LOT MAY BE BUIL
� } UPON OR CONVEYED, OTHER THAN BY MORTGAGE DEED.
- The covenentors understand andagree that this, their Cov -
ID nant, shall- run with the land as to all of said lots and
shall be binding and effective except as it may hereafte
# by "released" by said Board, in full or in part, all as "^
provided
P ed by said section $1U.
EXECUTED AS A SEALED INSTRUMENT, this seventeenth day of
December, 1979.
ter.. P; Hu es, t ustee
rances A. ug es, Y,trus ee
COMMONIe►EALTH OF MASSACHUSFTTS
ESSEX, SS. s
MASS.
December 17, 1979
Then personally appeared Walter P. Hughes and Frances A.
Hughes and acknowledged the foregoing as their free act
and deed, before me .
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CAWFINAUT RUCINING VITTIT TIIJ--� LAkID
I-lux"mmit to the p- mg-mg of wo , jr,-ustecu o;(-' 11(,0mer Te'ust, 170 J.-Iorrimack
St 1:( an n s, Iialid
0 t., Low e,I I , I-IQ 2 r,(ACI MS e t t'3, b Oi lIg the OW10,K F3 C)f t I ICA t t X-a C t 0 f
Plorth Andove-K, -Jxown on that p1mi of Ixtnrl cmt:ctlOd "Plan of Land (A Townhouse
Campleat) in Ooyth Andover, (Irclwn by John Callahan M,-;socicites
(.1ated Novemler , 1972, hereby COWNA(Tr with the planning board of rwid North
cis its membership -now is and itmy froi-R time to time heroafter be con-
stituted cu'A fullows .
THAT TUC T,,IAYS REQUIRED IA) BE CoII1,ITft?CTED AM) WE MIRUCIPAL
REQU"WE'D 'A) BE INVALTIE'D WITHIN SAD) TRACT, 111I1tSUANT TO "TES
AND 'REGULATIONS) UP .1,3AD) BOARD., INCLUDING ANY CONDITIONS W111CH MWE
DEEM OR SMALL HEREAFTM? IIE -',3)?ECIrTCAT-,LY BY IT V)0,,ATJ."Vf;,' T, f *X,x,,
U.)
S
--! ANY 1,01"
L)IMMISITOR OF IS'AID 'ITIACT, B).,;' PROVIDE1 33ERW
S S OTIJER T f?X t- MI BY
AD) PUN W-U"ORE: SWII LOT HAY BE BUILTUPION OR CONVEYEDf
DEED.
The convemi-itor's- understand and (Agree that this, thoix Covenant,
run with the land. as to all of said I(Ast cAnd sh all be binding and ef.-fective.
exCept as it may here afiler, be "Yelectsed' 'I by said Board, in full or in part, cill
ws pxovielod by said 81 U.
B),IAt�UTAED &' A SEALM) TIMSTRUM.31TP, THis, fifth day of February, 1973;
COMMOM41-1ALT11 OF AMASSACHUSIEMS
E'ssex, rebrxictry 5, 1973
Then pvysonctlly ctppectred Sy B. 1-3oloviont, (A�d (Ichnowledged the Toro( oing
instruille-wit C.A." cuu, to bellis -r-wee act Vqf6re me.
4
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Recorded Feb. 8q1973 at 10:29ANI I--1,5 3
COVKmANT AMMING WITH TH)"' bANQ
Pursuant to thti provisiorls of we, Trm;t000 of PQI,mer RealtY
Streot, L(MG11, Minsachusetts, being -the owners of that ftact of WWI 3,11 auld
North Andover, shown on that plan of land entitled "Plan of Wnd (A rowni-iouge
1.11 Andover, Masywchijoet,ts.", eh.-avin by John Ccillahcan Asouciates
MAHT with the plirmmbiq bo4.ud of said Nox-th
Norv.!,�,ib,!�-e,, , 1972F hexeby COYL
Andover, as its membership now U and Tflay fro).;I -IJI(ke tc) tllue he'roaftc.4 bm coxx-
stitute(i (AH :6_il lows..
TWIT THE WAYS REQUIREM TO BE C0I.V,3TR(:TP'4D AND TUE' HUM.WXPAL
iiEqUIRE)l IW 'D)� PUsTALLED WITHIN SAM T)IACTO P(RuMIMIT To Tmn nml.�.s
A14D REGULATIONS OF' SAID BOARDO INCLUDINa ARY C011DUTURS WHAIMA HAVE
BEE)l UR SHIALI, I-WRIMPTER D8 ISWEXIMALLY BY . IT 1113LATIVP To VIC,
- 0 "AD) 'M ACT, r '�ROVDXD Ift) 1-3-ERVE A14Y OT ', ), 0
SUBDIVVITOR V 16 I-JAIJ, BE I j 314( wN �
13AID PLAN 'JAVORB SUCH L.UV Mly 13tIlLIF Upol-4 oh. CorIVEYI-3,T), OTH!"M TMMl 13Y
RAITGAGE DEED.
The convena rate ro uilderotand and a( t
.j.ree that thio, their Coveno.x4
,riktj with tbo land as to all of scAid lots, (xrxd shall be binding (And efl,`eotive
as it may hereafter be "released" by said Bourd, in fW1.1 tax; in vatt, q- 11,
as provIded by Said § 81
1973
Mf'ECU[n�,!-) V3, A $EAJUM "CHS1130MENT, THis fifth dQy of Febri.-viry,
OF 14A,1.1)1UACII[r,,ETTS'(i
Febrmxy 5, 1973
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COV£NAN'r RLJNNINO WITH THE LAND
Pursuant to the provivione of we, Trustees of Palmer Realty `PYuat, I70 Marrirsack
ii.
Street, Lowell, mhncachuaetta, being the ownsrs of that tract of Land in said :.I
North Andover, lahown on that plan of land entitled "Plan of Land (A Townhouse i
Complex) in North Andover, Maasachueette.«, drawn by John Callahan Associates #k"
' dated November, 1972, hereby COVENANT with the planning board of said North
Andover, as its membarohip now is and may from time to time hereafter be con-
stituted as follows$
( THAT THE WAYS REQUIRED TO BE CONSTRCTED AND THE MUNICIPAL SERVICES
REQUIRED TU BE INSTALLED WITHIN SAID TRACT, FURSUANr TO THE RULES -"
AND REGULATIONS OF SAID BOARD, INCLUDING ANY CONDITIONS WHICH k{AVE fit.
BEEN OR SHALL HEREAFTER BE SPECIFICALLY IMPOSED BY IT RELATIVE TO THB It;.
` SUBDIVISION O SAID TRAC , SHALL BE 1'RUVID£A IU SERV£ ANX LOTS wN O•::
A
ID PLAN BEFORE SUCH LOT MAY BE BUIL UPON 0 THAN B
RTGAG£ DEED.
The convenantors understand and agree that this, their Covenant, ehal
run with the land as to all 'of said lots, and shall be binding and effective ii
.
ex0apt as it may hereafter be 'lreleased" by said Bogrd, in full or in part, all ,
as provided by said 81 U. , �..
EXECUTED AS A SEALED INSTRUHENr, TLiis :fifth day of February, 19731
j Trus ee
u7;
! Trustee
C014)4pNWEALTH OF MASSACHUSETTS
Essex, es. February S, 1973
Then personally appeared Sy B. Solomont-;-and achnowledged the foregoing r1.'
Instrument as and to bohis free act and dead—b9f6re me. / f'
Notary a
My,commission expires March 27, 1975 L
0 !,
i Recorded Feb.8,1973 at 10:29AM #1153
i
CLARIFICATION OF COVENANT RUNNING .
WITH THE LAND
The undersigned, being all of the members of.
the Planning Board of the Town of North Andover, hereby
confirm that Parcel "B" as shown on a plan of land entitled
"Plan of Land (A Townhouse Complex) in North Andover,
Massachusetts" , drawn by John Callahan Associates , dated
November 3, 1975 , recorded in the Essex North Registry
of Deeds as Plan No. 7324 , is not subject to the
provisions of a certain - "Covenant Running With the Land"
made by the Trustees of Palmer Realty Trust , dated February
s , 1973, and recorded with said Deeds at Book 1212 , Page 18 ,
and that said Covenant does not restrict conveyance of or
construction upon said Parcel "B".
Executed as a sealed Kstrume3et thi `day of
March , 1976 .
��
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. NORTH ANDOVER, MASS
March 22., 1976
Then personally appeared_ / V/14171 '(T��ic`�G A(, i',/w-/
and and acknowle gn t c oregoing to be their
free act and doe , before me
Notary Publi.c'r .. -
My .Cotpm '§si 7i,yes:
Recorded Apr.1391976 at 10:38AM #2507
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128
PRESCQTT VILLAGE ;
MASTER DECLA TION OP'COVENANTS CONDITIONS AND RESTRICTIONS ;
' FOR THE PLANNED DEVRLOPMtNT OF '
PRESCOTT VZULAGE .,
IN NORTH ANDOVER, L5SEX COUNTY, MASSACHUSBTTS
PREAMBLE '
r.. Thid Master 'Declaration'is made on August 1,'1900, by Timothy J. : .
Schinvonii Trustee of Prescott Village Trust datod December 311979,
recorded with Essex North District Registry of Deeds in- Book 1413, ,
s, •page 155,•hereinafter called the "Grantor" as owner of approximately
4.152 acres of real estate in the Town of'North Andover, County of ;
Essex, Commonwealth of Massachusetts, said real estate being more,
particularly described in Article II hereof.'
xt•is the intention of the Grantor to develop the above real
estate as a planned townehome community to be, known as "Prescott. :
Village".- Much of the land will be devoted .to residential use and
owned in townehouse fashion. other portions of said land will be
used for 'and devoted to recreational purposes for the benefit of all.,
the Townehome Owners, occupants and their invitees, 'In furtherance
of this plan the Grantor will sell and convey in�ts as townehome units
' subject to the restrictions set-forth herein.
5 It is the•purpose of'these restrictions to provide a means for
maintaining, controlling and preserving Prescott village as a residen-'
tial• community with the amenities desirable for residential .living, `
It.is. to preserve the beauty and'appeal of Prescott village For all #
future owners of property therein that' these restriations.afe estab-
lished, and the intention of the Grantor is that the provisions hereof ,.
shall be understood and construed to achieve that objective. 'Ever i
person by acceptance of the Dead to his townehome does thereby agree, *'
to be bound by covenants, conditions and restrictions of this Master
Declaration.
' `?''s:r'::Y-�..` �.`eier..::en:+`n-rr*al<rnr rivn!�'tS[`;Y•yp n,,... n+CR:R"t:il�:i. .... r:r..•.... e s ,v • 1 '•
ww11.. a*t. The term "Lot" -shall mean the' land together with improvements'
conveyed or to be donveyed by deed to a Tow.nehome Owner by the GrantQx
including lots unbuilt upon owned by the Grantor.'
Lot Open Areas. The term "Lot Open Areas" ohall, mean all areas Con» .
Veyed to-a'Townehome Owner except that covered by buildingy garage,'
patio, balcony, terraces, or enclosed fenoed-in areas.appurtenant tc
the townehome, a+
Master Declaration, The term "Master Declaration" shall'mean this-
Instrument made by the Grantor and incorporated by referenced- herein
and such amendments to this instrument as may from time to time be
` made.
!E_ Mawber, The term "Member" shall mean any person corporation, partner- ;;. .
a�h-£p;'3eint venture or other legal entity which Is a member of the
Corporation as defined in'Article XV, Rection'2 of this instrument.
Prescott Villa e, Soe ."Community'of Prescott Village!'.
�. refit V"ilae Restrictions. The term "Prescott Village Restrictions"
�. shall mean the covenants and restrictions contained In thi$ instrument.
' Prescott village 'Mules and Re ulations. The term'r'Preseott Village
P Rules and Regu 'at one or Ru es an Regulations" shall mean the rules
and regulations as adopted by the Board or the'Corporation! pursuant to
this instrument and the Bylaws as'either may be amended from time to
time.
Owner, The term `!Owner" or'"Tounehome Owner" shah mean the person or
persons owning a townehome within the Community of Prescott Village,
Person. The term "Person" shah mean an individual; corporation, ;
un neorporated association, partnership, joint venture, trustee, con-
servator, administrator, or any entity which has the right to bold -
title to real property: ;
Elan. The term "Plan" shall mean the plan dated' November 3,- 1975, ;
prepared by John Callahan Assoc. recorded as Plan no. 7324, in Essex
North District Registry of Deeds, including any modification thereof
duly recorded with said Registry of Deeds,'
Pro ert The term."Property" shall mean the land, buildings, and ! '
a other The
thereon (including the townehomes and the
'dommunity Areas hold by the Corporation) or areas concerning which
easements have been granted to the Corporation and ali'other rights, - °
easements and appurtenances belohging thereto and all-other property,
zeal personal or mixed, intended for use in connection therewith,
except that property granted to each Tiownehome owner in his individual
deed and ooncerning which no easement has been reserved by. the Grantor
either conveyed or to be conveyed to the Corporation. ,
Residential Areas. The term "Residential Areas" shall mean the towne-
homep ,and appurtenant garage, patios, fenced-in dress, balconies, and
terraces. :
Restrictions. Sae "Prescott Village Restrictions".
Rules and Regulations, See "Prescott Village Rules and Regulations".
11-3
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". b) grantors, Plans and specifications. The Grantor shell from
time to time, file with the DoArd,,as defined heroin, such plai%s'And'
specifications as they may hay* for the purpose of maintaining ak per-
s manent record•of isrprovemente. cohetrutted on any Community Area.
c) No part Of the Community Areas shall be mead for parking or
storing of trucks, other commercial vehicles, boats, campers, trailers
or other vehicles, items or goods, except as may he permitted in
accordance with the Rules and Regulatians'as may be adopted by-the .•,
Board of Direoiors.
:d) No part of the community Areas shall.be used for repairing.
r: maintaining, washing or storing cf permitted motor vehicles) provided
i further, that any motor vehicle that is not operable and/or not xegie-
tered is not permitted in the Community of Rrescott Village,
e) The use of the Community Areas'by all, the.Owners and all {
other persons authorized to use the•sama shall be at all times subject
to the Bylaws and such Rules and Regulations as may be prescribed and
established governing such use, or which may be her prescribed'
and established by the 130'ard.
• � section 3 - Residential Areas* Permitted uses and Restrictions, Car►+•
}" .•struction• and Alteration of Improvement.
The Residential Areas shall include the townehome,.Appurtenant '
garage, balconies, terraces, patios and enclosed courtyards.
a) No lot open area or residential area may be divided or
subdivided into a-smaller area, nor-may any portion or portions thereof 3
be soldr provided-howeverf that notwithstanding the foregoing, -the '
Grantors until such time as the townehomes have been sold may modify F '
lot lines on .lots owned by them, whether built upon or not.
b) Rach tgwnehama is hereby restricted to residential use by "xr
the Owner- thereof, his lessees, his immediate family, guests and 'r '
invitees, - Sash townehome shall be permanently occupied by no more }�
l than two persons per bedroom as a single-family residence and for no
.` other purpose. Notwithstanding any provisions of .this section to the f
contrary, however, the Grantor have-the right. until all,iota are initm
ially sold by them to use any Residential Area, Lot Open Area, or
community Area owned by them for modals and for sales, construokinn,
storage .and administration.
c) Bach garage is hereby restricted to use for parking A duly
V registered and operable private passenger automobile owned by 'the owner j
of the garage or his lessee as provided herein, and for miscellaneous
storage purposas, not otherwlao restricted hereln, Garages may be
,�.. leased only'to other xawnahoma Owners.
d) The use of the Residential Areas by All persons authorized '
to use same shall be at•all times subject to the Bylaws and such Mules
r; and Regulations as may be preseribed,and established to govern such use,
-5
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;1 .14"A .of all members in common with others entitled thereto to age,the:sense
v .for all purposes for which goads and streets acre used in the Common
} wealth of Massachusetts '
}.. b) '�he'maintenance, repair and Improveme'nt- (including saow'
removal,) of roadways shall be performed by the Corporation. The costs .',.
of such maintenance, repair and improvements shall, be a common expense
' and shall be allocated and assessed to each Townehome Owner in the OM qL ,, -,
ity of Prescott Village in the same manner as any-other common expense
c) The cuteaox parking spaces are intended to be used solely
for dUly'xegistered and operable private passenger automobiles of t4
occupants of the townahomes and their guests, and neither the Outdoor
parking spaces nor other outdoor areas are to be used for repairing,
maintaining', washing or atoring of said permitted motor Vehicles.
d) The outdoor parking spaces shall not be used for the
parking or storing of trucks, other commercial Vehicles, boats,
campors, trailers or other vehicles, 'items or goods. .
Section 6, - Common Elements and Encroachments
t. a) Pipes, ducts, cables, wires, cortftits,'publio utility �ines '
and other common elements located inside- Lots.
Each Townehome Owner 'shall have an easement in common with all .
other Townehome owners to use all pipes, wires, ducts, cables, eon- }
duito, public utility lineo, and other elements located in any of the
Other lots or Community Areas and serving his Lot. Each Lot, and Com-
munity Area shall be subject to, an easement in favor of other' Lots to ,
use the pipes, ducts, cables, wires,conduits,. public utility lines . •
and other elements serving other Lots Or Community Areas and located � +
in.saoh puch lot, In addition, each lot shall be subject to and
shall have easements .of susport and shelter from and over such lots 4 .
and the Community Areas as may be necessary for the quiet enjoyment
Of such lot. The Board shall have the right to reasonable access to
each lot and building thereon to inspect the same, to remove Viola- '
tions therefrom and to maintain, repair or zeplaee the element common
to it and other lots or Community Areas and such appliances and facil-
ities which the Corporation •has the duty to.ma#ntaln'aantained therein
or elsewhere in the buildings.
b) Encroachments
xf any structure of the community Areas now or hereafter
'encroaches upon any lot,if any-structure including townehomes intended
2 to be totally on any Lot now, or hereafter encroaches upon any other
lot cr upon any portion-of the community Areae.as a result of the
construction of the bui,ldings,or if any such'ancroachment shall occur
:.after such construction as a result of the settling of'ohifting of
r. the buildings, a vaiid -easement shall•exiet for the encroachment and
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. Section 3 •. Auties of the. Corporation
Subject to and' in accordance with the'pmcott Val �strlokiona� , '
the Articlds and the Bylaws, the Corporation shall have the follow.
ing duties to be,perfoxmed for the benefit of .the members of the
' CorppFationt .
a) operation of the Community Axone :. To operate a7td maintain
or provide for the operation andIna:intenance of all Community Areas"
and to keep all #provements of whatever kind and for whatever purpose
.from time to time located thereon in good ,order and repair. ;
b)", .Payment of Taxes To pay'all real estate and personal. .{r
property taxes and aneeesments levied upon any property owned by the
Corporation. Such taxes and assessments may be Contented. or.coinpromi.sed' E
by the Corporation. Any taxes or Aseessmento levied on any Townehome
shall be the responsibility of the Owner of such townehome.. •
a) Public Service - To contract for or provide'.(to the extent ' '
adequato services axe not provided by a public authority) such police
and fire protection, refuse disposal, and other services, facilities
and maintenance of a public or quasi-public nature as may be desirable
for the of or perpetuation of•the purposes of the Prescott VJ11Age
Restrictions. 1n connection with the providing of such facilltiev�and �-
services, tha-Corporation may contract with or,delegate its duties to
any public authority; governmental body or special district,
d} xneuranae -.To obtain and maintain in force such insurance
as the Board shall deem necesearyto protect the Corporation from loss
by reason of fire or other casualty and Pram liability for personal
injury and property damage of the Community Areas and buildings and
to obtain and maintain such fidelity and other bonds as• the Board shall,
deem appropriate to protect the Corporation. In addition,.to maintain.
as A Cemmon expanse such insurance as the Board shall deem necessary
to protect the Townehome owners from lose by reason of fire or other
casualty and from liability for personal instiry and physical damage
to cover the buildings and improvements of the Townehome owners. .
Section 4 '«'Powers and Authority of the Corporation
f The Corporation shall have all of the powers of a nonprofit f
corporation organized under.Chapter 180 of the: Coneral Laws of the
Commonwealth of Massachusetts, subject.only to,such limitations upon
the exercise of such ow s a r s are expressly
' p � r ssI
set. for p th t y in he Artiqlas,'ths. ,
Dy1aws or the Prescott Vi11s
9'e. Raatxiationa. It shall have the power to do
. any -and all lawful things'whioh'may-be .authorized, required or permitted
. to-be done by the Corporation tinder Arid by'Virtue of the Prescott Vi11Rge ppstric_
tions! the Articles and the Bylaws, and to do and perform any and all acts•
y' . ,which may.be necessary or proper for ax,i.nctidental to the exercise of
' any of the express powers of the Corporation, or for the peace, health,
*' comfort, safety, or general welfare Of its members. Without in any
way limiting the.generality of the foregoing provisionGe -the Corporation'
,-. shall have the power and authority any any times
;/:-l•lytS�r,•'"Ye17.:7'�MYY'�Ytln/tld ^awne�rt+N^ .vn»I!�r1Yv71GM1�V:K:':f��Ml'FaA�li.^a.TJDW'CTatei.i:CFC1YY�l� �•
No member of the Board, nor any employee of the Corporation
shall be personally liable to any member.of the Corporation, or to.
any othelk party,, for any damage, .lose or prejudice suffered or
claimed on account'gf any-act-or omission of the Corporation, the <,
Board, the Managing Agent or any other representatives or employeea.
of the Corporation, except for his own individual, misconduct or bad
faith.
ARTI= V"- BOARD OF DIRBCx012.4
'The management of the 'business and conduct of the affairs of the
Corporation shall be vested in the.]Board of,Directors, which to.the
extent permitted by applicable law, shall have, the powers and duties ,
set forth in the Articles of organization, tho Bylaws and this- xnatru-
�' meat.
i
i Section i Oiierltting Fund
k' The Hoard shall establish an operating fund for the Corporation
r into which shall be deposited all moneys paid to the Corporation and "
from which disbuk•sements shall bq made for expenses incurred .in con-
nection with the functions an the duties of the Corporation under'
-the Prescatt'Villago Restrictions,
Section 2 - Operating and Maintenance Expense.0 '
a) Budget*, Assessment
At lease thirty (30) days prior to the commencement of each
fiscal year, the Board shall prepare and adopt a bu4get for the- "
Corporation reflecting an estimate of the expenses to be incurred
by the Corporation during such fiscal year in performing its func-
tions. Said estimated expenses shall be divided by the total number s'
of townehomes then within the Community' of Prescott Village (including those;
if any, which may then be owned by the 'Grantor) . and assessed in the "
following manner: - each owner shall be liable to,the Corporation for '
that proportion of the estimated expenses which.the number of toWne+
:tomes owned by him bears to the total, number of townehomaa, then existing
in the Oommunity of Preswtt Village, The expenses so allocated shall be .
! ' a lien on the property of such owner and shall. remain suoh until such
expenses are paid
b) Additional, Zxpenses
If, at any time during any fiscal year, moneys additional -to that -
received by the Corporation pursuant to paragraph a) of this suction
are needed, the Board may prepare an estimate of additional expenses
which amount shall be assessed to each owner in accordance with said
paragraph a) .
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14'0 Section .2 - Might of First Refu"I
The Corporation shall have a right of.first refusal with respect
to all sales of.townehomes (except initial sales'thete'of by..the Grantors
or their assigns,' the Declarant hereof), and to that and no owner of
any townehome shall sell or convey the same to any person other than s
EE
spouse or child of ouch owner unless (1) the-Owner has received a bona-
fide offer to,purcliase the townehome, (2) the owner has given the Board '
of'the Corporation written notice stating the name and address of the
offeror and the terms, and conditions of said offer and the encumbrances
subject to which the townehome is to be conveyed, and containing an
{ offer by the Owner to'sell said townehome to the Board of the Corpora,,
ation on the same terms and conditions cif the bonafids offer, and .
(3) the Board shall not, within ten (10) days after the receiving:of
such notice, have given the Owner written notice• of the election of
the Board to purchase the townehome in accordance with the offer. .in:
the event that the Board shall so elect to purehase, 'the deed shall
be delivered and consideration paid at Bssex North District Registry
Of Deeds at 1100 a.m, on the thirtieth• day. after the date of-the
giving of such notice of election to purchase. In the event that
the Board shall not so elect to'purchase, then said owner shall be
free thereafter.to sell and convey the townehome to the offeror named
i in the owner's notice at a price not lower than that specified therein,
t but the Owner shall not sell or convoy the townehome to any',other per.
son or at any lower price without-again offering the 'same to the Board, .
The provisionsof this section shall not be construed to apply to bona.
fide mortgages of any townehome or to sales or other proceedings €or '
£' the foreclosure thereof. For purposes-of this section, a leaso' or
tenancy or occupancy for more than one (1) year shall be deemed. a
the for sale u• g recess of this section and exercisable in the manner
aforesaid insofar as applicable, except that in the 'event the Board
shall 'elect'not to lease, the Board's approval of such lease shall be i
`r in accordance with the provisions of Section 1 of this Article; The
• rights of first refusal hereunder shall not be exercised so as to fy
restrict ownership, use or occupancy of townehomes because of racei, x}Y
*reed, sex, color-or national origin. No Owner shall be liable for
Any-breach of the provisions of this section except such as occur
during his or her ownership. in any event, the right of the Board to
elect to purchase under its 4tion of first refusal shall bs subject•
j to tho provisions of Section 3 o,this Article.
. !section 3 w Approval of Purchase
The Corporation, or its nominee,-may purchase by and through
the Board, a townehome directly from the owner-.In` accordance with .
Section 2 of this Article or at a foreclosure sale-, provided, how
n ever, that any such purchase by the Corporation shall have•the prior :
approval of eighty-five percent (85%) of the Townehome'Owners. :
: yY; ZZ-23
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142 shall not be.expresely mentioned or described-therein.' No part of the
aPPurtenaslt interest of Any lot, may be sold, transferred or otherwise
disposed of, except as part:. of a sale, transfer, or other disposition
of the lot to which-such interests are appurtenant, or As. part o -a
' sale, transfer or such other dispooition of such part of the appurtenant ,
interesC'of'all lots.
ARTICLE VXI M6RTGAobta OTATU8
A'mivrtgagee Acquiring title W A lot by foreclosure or by deed
in lieu of foreclosure shall continue to be considered a mortgagee
as well-as the owner of such lot-until such time as a document evi.
dancing an intent.to merge the legal and equitable in is executed , ,•.,
i by the mortgagee and is recorded in the land records.
ARTICLE VIII - CONDEMNATION
0e0ti6n 1 - Partial making Without Aired Effect on Lots"
If part: of the Community of Prescott village shall be talcs))or Oandamr e'd
by any authority having the power of enlihant domain, such that no lot
is taken,' all comgennAtion end danwagae for account of the taking o.!
the Community Areas exclusive of compensation for consequential damages ,
i to certain affected lots, shall be,payable to the 0oard and to.the '
Insurance Trustee established pursuant to Article X of the' Bylaws
€ -as the parson to whom insurance and other awards in exaess.of-625,000'
: are paid•ae trustee for all townehome owners and mortgagees according
to the loss or damages to their.rbapeetive interest -in such Community
Areas. . The corporation acting through the board shall have the right s
to act en behalf of the owners with respect to the negotiation and
litigation of the issues with respect to the taking and compensation ..
affecting the Community Areas without limitation on the rights of,
the Owner to represent their dwn interest.' such proceeds shall be
used in accordance with the provisions of the Bylaws. No herein
is to.,prevelit owners whose lots are specially, affected by the taking
or condemnation from Joining in the condemnation proceedings and
Petitioning an their.own behalf for consequential damages relating
to logs of value of the affected lgts, or personal, improvements
therein, exclusive of damages relating to Community Areas. In ths'
event that the condemnation award does not allocate consequential'
damages to_specific owners, but-by its terms includes-an award for '
' reducUon•in value of cots without such allocation, the award shall
be divided between-affected owners and the board as -the interest' .
maY appear by,arbitration in accordance with the rules of the
American Arbitration Association.
II-15
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of the corporation settling forth the'amendment or repsil and E
the facts relating to its adoption by the Board and the Own'eXB. .
(2) for a period of Pive (5) years,grom thq data of it
recording of this Master Declaration, the wkitten•consent of
Grantor of any amendment or repeal shall be required by the '
foregoing subparagraph (1). ;
b) Duration of Restrictions.
; . 5ubJect to the provisions of paragraph �) 'of Section 1 hereof,
this instrument shall remain in full force and effect until duly l, '
2005. Thereafter the term of the Master Declaration may be- extended
for further Periods of twenty (20) years each, in -the manner provided
in Massachusetts General Laws c.• 104, Subsection 29, as it may be.
amended from time to time.
't Section 2 - Bnforcement'and Non-waiver
s� a) Right of Enforcement
The Prescott Village Restrictions are for the benefit of all the
land contained in the Community of Prescott village- and shall run•wi.th
the land. Except as otherwise provided herein, any Owner, •Grantor.or
the Corporation (irrespective of whether the Gralitor or the Corporation
. '} then own any townehomes within the community of Prescott Village shall
have the right to enforce any or all of the provisions of the Prescott
i; Village Restrictions.
b) Violation of- Law
Any violation within-the Community of Prescott'Village of any
state law or town bylaw, or any regulation pertaining to•the ownership, .
' occupation or use of any property is hereby declared to be a violation
of the Prescott Village Restrictions and sub�oct to any or all of the
enforcement procedures not forth herein.
e)' Remedies oumulative
Each remedy provided by the Prescgtt 'Village Restrictions or the -
Prescott Village Bylaws at any time shall not conetitute a waiver of
the right thereafter to enforce any such provision or any other pro-
vision of said Restrictions or Bylaws,
7t. Section 3 Velivery of Notice and'Doeument '.
Any written 'notice or other document relating to or required by
the Preacgtt Village Restrictions may be delivered either personally!
or by mail.. If-by mail, 'it shall be deemed to 'havo 'been delivered' >
twenty-four (24) hours after a copy of same has been deposited in the
United States mail, postage prepaid addressed as follower'
If to the Corporationi
Prescott Village Homeowners' Association, Inc.
17 west Street
Haverhill, Massachusetts
r 11-17