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HomeMy WebLinkAboutLegal Documents i DECLARATION OF EASEMENT FOR COMMON DRIVEWAY AND UTILITIES DECLARATION(this "Declaration," is made as of the day of October, 2017 by the undersigned, Livingstone Development Corp., a Massachusetts Corporation,having a mailing address of P.O. Box 50, Tewksbury, Middlesex County, Massachusetts 01876 (referred to herein as the "Declarant"), WHEREAS,Declarant is the owner of certain property(the "Property")being Lot 2, and Lot 3 on plan of land entitled "Plan of Land Located in Methuen, Mass, Record Owner, Lois R. Lachapelle, 931 Wilton Rd, Mason, NH, Applicant, Livingstone Developnwilt Carp., P.O. Box 50, Tewksbury, MA 01876, Date 415117, Scale 1"— 50',"prepared lry Christiansen and Sergi, Inc, Professional Engineers &Laud Surveyors, 160 Surniner Street, Haverhill, Massachusetts 01830. Said plan being recorded with the North Essex District Registry of Deeds as Plan No. 17595, by virtue of deed of Lois R. Lachapelle dated May 2, 2017 and recorded with the North Essex Registry of Deeds at Boole 15069,Page 268; and WHEREAS there is an area common to said Lots and labeled "Access &Utility Easement" (the "Easement Area") as shown said Plan No. 17595, which Easement Area comprises parts of Lot 2 and Lot 3 (The "Easement Lots"), as shown on the aforementioned Plan; and WHEREAS,Declarant desires to have Lot 2 and Lot 3 serviced by a common driveway,pursuant to a mutual easement arrangement which will service the Easement Lots and which will provide ingress and egress to and from Salem Street and provide a location for the installation of utilities to service the aforementioned Lots individually; and WHEREAS,Declarant desires to establish this Declaration of Easement to create an easement on, over,under and through the Easement Area both burdening and benefitting the Easement Lots; and WHEREAS, Declarant further desires to impose certain covenants and restrictions upon the use, operation and maintenance of the Easement Area; NOW, THEREFORE, Declarant hereby submits the Easement Area to the terms, covenants, restrictions and easements set forth herein for the benefit of the Easement Lots as follows: I. GRANT OF EASEMENT. Declarant hereby grants and declares, to the extent described herein,both benefiting and burdening the Easement Lots, an easement and right of way over and upon the Easement Area,which easement shall be appurtenant to and for the benefit of the Easement Lots and may be used by the Owner(s) of the Easement Lots, their heirs, successors, assigns, licensees and guests. II. USE OF EASEMENT AREA. The Easement Area shall be used for the purposes of ingress and egress to and from Salem Street by vehicular and pedestrian traffic and for the installation,maintenance,repair, and replacement of utilities (including lines for storm water discharge,electric, cable, telephone, sewer,water and other residential utilities)together with any appurtenances related thereto (hereinafter referred to as "Utilities") in order to furnish utility services to the Easement Lots. Each Owner of the Easement Lots shall have the right in common with the other Owner(s)to enter on, over,under and through the Easement Area for the purpose of construction, installation,maintenance,repair and replacement of the driveway and of Utilities,provided however,that any Owner(s) who shall do any work or have any work done affecting the Easement Area upon completion of the work shall repair that portion of the Easement Area to the condition that existed prior to such Owner(s)' entry and shall at all times keep so much of the Easement Area open so that vehicular and pedestrian traffic shall have access from Salem Street to the Easement Lots. III. ACT EXPEDITIOUSLY, When utilizing the Easement Area the Owner(s) shall do so as expeditiously as possible and in such manner as will cause the least possible disturbance to the other Owner(s). IV, OWNERS OF BURDENED LOTS MAY CONTINUE TO USE EASEMENT AREA BUT MAY NOT INTERFERE. The Owner(s) of the Burdened Lots may continue to use the Easement Area in any way that will not prevent the use of the Easement Area by any Owner(s) for the purposes described herein. The Owner(s) of the Burdened Lots shall not erect or allow any structures to be erected on the Easement Area,nor shall they plant or allow to be planted or grown any large trees or any other obstructions which would prevent the use of the Easement Area by the other Owner(s).Nothing contained in this paragraph shall diminish the rights and obligations of the Owner(s) of the Burdened Lots which are established in this Declaration. V. MAINTENANCE AND REPAIR OF EASEMENT AREA. The Owner(s) shall maintain the Easement Area in its present condition or in the condition to which it is improved from time to time,flee and clear of obstruction, shall repair the same as necessary, shall keep the same reasonably free and clear of ice and snow, and shall keep the Easement Area insured with respect to liability. The cost of all necessary repairs,maintenance,snow and ice removal, clearing of the driveway, and insurance thereon shall be paid equally by the Owners. Once Utilities are installed in the Easement Area, then both of the Owner(s)shall have the right to "tie in" to the Utilities,provided that they shall do so in a good and proper manner without damage to the Utilities. The rest of this paragraph notwithstanding, any Owner(s)who shall,through negligence or willful action, cause any damage which must be repaired hereunder, shall be responsible for the cost incurred to provide the repairs,maintenance and replacement necessitated by the negligence or willful action of that Owner, provided,however,that the Declarant and all subsequent Owner(s)mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. The cost for repairing,replacing,maintaining or improving the Easement Area, pursuant to this Agreement, shall be shared equally as set forth above. In the event that the Owner of either lot shall decide that expenditures shall be incurred for repair and replacing, maintaining or improving the Easement Area which are necessary to maintain the Easement Area, then said Owner shall send written notice to the other Owner(s)which shall request that the other Owner(s)agree to pay their share of the cost of such repair, replacement, maintenance or improvement. In the event that the other Owner(s) agrees to pay their shares in writing,then the cost shall be shared accordingly. In the event that the other Owner(s) does not agree in writing to pay their share, then the Owner(s)proposing said activity may undertake said activity solely at their own cost and expense. In that event,after the work is completed, the Owner(s)performing the work may institute legal action against the other Owner(s)who did not contribute to the cost of such activity. In the event that a court should issue a final, non-appealable ruling that the work was necessary to maintain the Easement Area to the standard required hereunder, and if the work was done to the quality required,then the Owner(s) who should have shared said cost shall be responsible for their share of the cost, and the Owner(s)who performed the work shall be entitled to be reimbursed by the other Owner(s)not only for their share,but also for the expenses incurred in said collection including a reasonable attorney's fee, if a court action is instituted. All repairs, replacement, maintenance or improvements made to the Easement Area shall be made to a quality suitable to accomplish the purposes for which the Easement Area has been created. VI. PERMANENT EASEMENT. The easement created herein shall be a permanent easement, and shall bind the Declarant, all subsequent Owner(s), their heirs, successors and assigns. VII. INTEREST DUE WITH REGARD TO UNPAID OBLIGATIONS. In the event of a failure by any Owner to pay his/her share of any costs or expenses incurred hereunder, such costs and expenses shall, commencing thirty (30) days after the date of billing therefor,bear interest at the rate of twelve(12%)percent per annum until paid. VIII. GRANT AND RESERVATION. For as long as the Declarant owns either Lot 2 or Lot 3, it hereby reserves the right to grant rights of access over the Easement Area to any utility company for the purposes herein contained. The other Owner(s)will sign any documents required by the aforementioned utility companies to carry out the intent of this paragraph which is to provide utility service to the Easement Lots. IX. SUBSEQUENT MODIFICATIONS. All modifications to this Agreement shall be in writing and signed by the Owners of all properties beneftted or burdened by the easement rights created herein. However, in the event that Declarant shall request that minor modifications be made to this Agreement, or to the rights created hereunder, which shall not substantially interfere with any of the rights or obligations created hereunder, then the Owner(s) of said properties will sign a modification prepared by Declarant in order to accomplish said minor modifications. X, MISCELLANEOUS. A. The covenants, agreements and restrictions contained herein shall be covenants running with and for the benefit of and burden upon the Easement Lots and shall be binding upon and inure to the benefit of the Owner(s) thereof, and their respective heirs, successors and assigns. The rights granted herein shall be considered to create permanent casements. B. In the event that the Owners desire to jointly make any decisions hereunder, they shall be made by unanimous vote of the Owners of the Easement Lots. C. Each of the lots shall be treated as if it has one Owner. If any of said lots are owned by more than one person, then all of said persons must unanimously agree on any decision to which they are entitled to vote hereunder. Therefore, if all of said persons cannot unanimously agree, then the Owner(s) of said lot shall have no vote. D. All communications sent pursuant to this Declaration shall be sent in writing and sent by certified mail to the last known address of the recipient, XI. MERGER. The easement rights created herein shall not merge with the fee ownership interest of any lot. XIL RESTORATION. At any time that any Owner(s) shall exercise any rights hereunder,then,when said activity is completed, the Easement Area shall be restored to the condition it was in immediately prior to said activity, except to the extent permitted hereunder. Executed as a sealed instrument this day of 12017. Livingstone Development Corp. by Thomas B. Hodgson,President and Treasurer COMMONWEALTH OF MASSACHUSETTS ESSEX, SS i i On this day of 2017, Before me, the undersigned notary public,personally, appeared Thornas B. Hodgson, as he is President and Treasurer of Livingstone Development Corp., duly authorized, and proved to me through satisfactory evidence of identification, which was �� to be the person whose name is signed on the preceding document, and aclaiowledge to me that he signed it voluntarily for its stated purpose on behalf of Livingstone Development Corp, II I Notary Public: My commission expires: i i I i 1 b Declaration of Restrictive Covenants This Declaration of Restrictive covenant(this"Covenant") is made a�of the day of October,2015 by the undersigned,Livingstone Development Corp., a Massachus tts Corporation,having a principal place of business and mailing address of P.O.Box 50,Y6wksbury,Middlesex County, Massachusetts 01876 (referred to herein as the"Declarant"), fpf the benefit of the inhabitants of the Town of North Andover(the"Town"),-acting by and tlirou its Manning Board(the"Planning Board"), and having a mailing addresf 1600 Osgood Sheet;-gorth Andover,Massachusetts 01845,and for the benefit of All future owners of the'Property(as defined below). Whereas, the Declarant is the owner of certain property(the"Property")being Lot 1,Lot 2, and Lot 3 on plan of land entitled "Plan of Land Located in Methuen, Mass, Record Ovtwer, Lois R. Lachapelle, 931 Wilton Rd, Mason, NH,Applicant, Livingstone Development Coup., P.O. Box 50, Tewksbury, MA 01876. Dale 415117, Scale I"=50',"prepared by Christiansen and Sergi, Inc, Professional Engineers&Land Surveyors, 160 Stnnnter Street, Haverhill, Massachusetts 01830. Said plan being recorded with the North Essex District Registry of Deeds as Plan 17595, by virtue of deed of Lois R. Lachapelle dated May 2, 2017 and recorded with the North Essex Registry of Deeds at Boob 15069,Page 268. Whereas, the Planning Board has issued a Notice of Decision Land Disturbance Permit, dated September S, 2017 and recorded with said Registry at Book 15242, Page 72, Whereas, the Planning Board and the Declarant desire for the Declarant to memorialize certain restrictive covenants concerning the Property as described in and required by said Notice of Decision-Land Disturbance Permit. Now,therefore, in consideration of the foregoing premises and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Declarant, for itself, its successors and assigns, does hereby forever covenant and agree,for the benefit of the Town, acting through the Planning Board, and for the benefit of all future owners of the Property, as follows: 1. There shall be no further division or subdivision of any part or portion of the Lots. 2. The owners of each of Lot 1, Lot 2, and Lot 3 shall responsible to maintain,repair and replace all drainage structures, including bio-retention areas, infiltrations basins,grassed swales,drainage channels and other drainage improvements as may be located on their respective lots. 3. The Declarant agrees to file this Covenant with the Essex North Registry of Deeds and to forward recorded copies of this Covenant to the Planning Board within thirty(30) days of recording. 4. This Covenant shall be binding upon and inure to the benefit of the owner of each of Lot 1,Lot 2,and Lot 3,and any successors in interest to the Property, it being the express intention and understanding and agreement that this Covenant shall constitute a covenant running with the land. Each and all of the covenants and provisions of the Covenant shall be incorporated by reference into and shall be referenced in the future deeds for such Lots. 5, This Covenant shall also be and is for the benefit of the Town, its successors and assigns. 6. This Covenant shall run with the Property in perpetuity from the date of recordation in the Essex North District Registry of Deeds and shall be binding upon Declarant,Declarant's successors and assigns,and any other party having an ownership interest in said Property 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 Covenant 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 of Covenant 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 Covenant and shall not, in any enforcement action, raise the invalidity of any provision of this Covenant. 7. This Covenant shall not be modified,amended,changed, or terminated or waived, without the consent of the Declarant(or Declarant's successor(s))and the consent of the Town. The Declarant as well as the Town may enforce and, if necessary,extend this Covenant 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 Covenant in perpetuity in accordance with applicable law. The Town is hereby declared to be a benefited party to and a bolder of this Covenant 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 and/or their behalf, including,but not limited to any notice or instrument which may at any time be necessary to maintain this Covenant 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. 8. The Town shall have the authority and right to enforce this Covenant 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 compliance with this Declaration of Covenant;(ii)enforcing this Declaration of Covenant; 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 parties violating or attempting to violate the terms of this Covenant 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, 9. In the event that the Declarant, the Owners of Lots 1,2, and 3 and their successors and assigns fail to fulfill their obligations created by this Covenant 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 Lots 1, 2,and 3 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, 10. If any court or other tribunal of competent jurisdiction determines that any provision of this Covenant 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. 11. Any election by the Town as to the manner and timing of its right to enforce this Covenant or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. 12. Declarant and Declarant's successors and assigns,including all subsequent owners of the Property or portions thereof, shall inform a potential purchaser in writing of this Declaration of Covenant and shall incorporate this Declaration of Covenant, 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 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, 13. No amendment or release of this Covenant shall be effective unless 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, 14. Nothing herein shall be deemed to prohibit a conveyance subject to this Covenant of all or any interest in the Property. Executed as a sealed instrument this day of 52017. Livingstone Development Corp. by Thomas B. Hodgson,President and Treasurer i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On this day of 2017, Before me, the undersigned notary public,personally, appeared Thomas B.Hodgson, as he is President and Treasurer of Livingstone Development Corp., duly authorized, and proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding document, and acknowledge to me that he signed it voluntarily for•its stated purpose on behalf of Livingstone Development Corp. Notary Public: My commission expires: i DECLARATION OF EASEMENT FOR COMMON DRIVEWAY AND UTILITIES DECLARATION(this "Declaration," is made as of theTo day of.T+A L�/ , 2019 by the undersigned, Livingstone Development Corp., a Massachusetts Corporation,having a mailing address of P.O, Box 50, Tewksbury, Middlesex County,Massachusetts 01876 (referred to herein as the "Declarant"), WHEREAS,Declarant is the owner of certain property (the "Property")being Lot 2, and Lot 3 on plan of land entitled "Plan of Laud Located in Methuen, ,glass, Record Owner, Lois R. Lachapelde, 931 Wilton Rd, Mason, NH,, Applicant, Livingstone Development Corp., P.O. Box 50, Te►vWury, MA 01876. Date 415117, Scale 1"— 50`,"prepared by Christiansen and Sergi, Inc, Professional Engineers &Land Surveyors, 160 Summer Street, Haverhill, Massachusetts 01830. Said plan being recorded with the North Essex District Registry of Deeds as Plan No. 17595,by virtue of deed of Lois R, Lachapelde dated May 2, 2017 and recorded with the North Essex Registry of Deeds at Book 15069, Page 268; and WHEREAS there is an area common to said Lots and labeled "Access&Utility Easement" (the "Easement Area") as shown said Plan No. 17595, which Easement Area } comprises parts of Lot 2 and Lot 3 (The "Easement Lots"), as shown on the aforementioned Plan; and WHEREAS the premises are subject to the provisions of a Notice of Decision Common Driveway,Frontage Exception and Access Other than Legal Frontage Permits dated March 7, 2017 and recorded with said Registry at Book 15060,Page 60. WHEREAS, Declarant desires to have Lot 2 and Lot 3 serviced by a common driveway,pursuant to a mutual easement arrangement which will service the Easement Lots and which will provide ingress and egress to and from Salem Street and provide a location for the installation of utilities to service the aforementioned Lots individually; and WHEREAS, Declarant desires to establish this Declaration of Easement to create an easement on, over, under and through the Easement Area both burdening and benefitting the Easement Lots; and WHEREAS,Declarant further desires to impose certain covenants and restrictions upon the use, operation and maintenance of the Easement Area; NOW,THEREFORE,Declarant hereby submits the Easement Area to the terms, covenants,restrictions and easements set forth herein for the benefit of the Easement Lots as follows: I. GRANT OF EASEMENT. Declarant hereby grants and declares, to the extent described herein, both benefiting and burdening the Easement Lots, an easement and right of way over and upon the Easement Area, which easement shall be appurtenant to and for the benefit of the Easement Lots and may be used by the Owners)of the Easement Lots,their heirs,successors, assigns, licensees and guests. II. USE OF EASEMENT AREA. The Easement Area shall be used for the purposes of ingress and egress to and from Salem Street by vehicular and pedestrian traffic and for the installation,maintenance,repair, and replacement of utilities(including lines for storm water discharge, electric, cable, telephone, sewer,water and other residential utilities)together with any appurtenances related thereto (hereinafter referred to as "Utilities") in order to furnish utility services to the Easement Lots. Each Owner of the Easement Lots shall have the right in common with the other Owner(s)to enter on, over,under and through the Easement Area for the purpose of construction,installation,maintenance,repair and replacement of the driveway and of Utilities,provided however,that any Owner(s) who shall do any work or have any work done affecting the Easement Area upon completion of the work shall repair that portion of the Easement Arca to the condition that existed prior to such Owner(s)'entiy and shall at all times keep so much of the Easement Area open so that vehicular and pedestrian traffic shall have access from Salem Street to the Easement Lots. III. ACT EXPEDITIOUSLY. When utilizing the Easement Area the Owner(s) shall do so as expeditiously as possible and in such manner as will cause the least possible disturbance to the other Owner(s). IV. OWNERS OF BURDENED LOTS MAY CONTINUE TO USE EASEMENT AREA BUT MAY NOT INTERFERE. The Owner(s) of the Burdened Lots may continue to use the Easement Area in any way that will not prevent the use of the Easement Area by any Owner(s) for the purposes described herein. The Owner(s) of the Burdened Lots shall not erect or allow any Structures to be erected on the Easement Area,nor shall they plant or allow to be planted or grown any large trees or any other obstructions which would prevent the use of the Easement Area by the other Owner(s). Nothing contained in this paragraph shall diminish the rights and j i obligations of the Owner(s) of the Burdened Lots which are established in this Declaration. V. MAINTENANCE AND REPAIR OF EASEMENT AREA. i The Owner(s)shall maintain the Easement Area in its present condition or in the condition to which it is improved from time to time, free and clear of obstruction, shall repair the same as necessary, shall keep the same reasonably free and clear of ice and snow, and shall keep the Easement Area insured with respect to liability. The cost of all necessary repairs, maintenance, snow and ice removal, cleating of the driveway, and insurance thereon shall be paid equally by the Owners. Once Utilities are installed in the Easement Area, then both of the Owner(s) shall have the right to "tie in" to the Utilities, provided that they shall do so in a good and proper manner without damage to the Utilities. The rest of this paragraph notwithstanding, any Owner(s) who shall, through negligence or willful action, cause any damage which must be repaired hereunder, shall be responsible for the cost incurred to provide the repairs,maintenance and replacement necessitated by the negligence or willful action of that Owner,provided, however, that the Declarant and all subsequent Owner(s) mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. The cost for repairing,replacing,maintaining or improving the Easement Area, pursuant to this Agreement, shall be shared equally as set forth above. In the event that the Owner of either lot shall decide that expenditures shall be incurred for repair and replacing, maintaining or improving the Easement Area which are necessary to maintain the Easement Area, then said Owner shall send written notice to the other Owner(s) which shall request that the other Owner(s) agree to pay their share of the cost of such repair,replacement, maintenance or improvement. In the event that the other Owner(s) agrees to pay their shares in writing, then the cost shall be shared accordingly. In the event that the other Owner(s) does not agree in writing to pay their share,then the Owner(s)proposing said activity may undertake said activity solely at their own cost and expense. In that event,after the work is completed, the Owner(s)performing the work may institute legal action against the other Owner(s) who did not contribute to the cost of such activity. In the event that a court should issue a final,non-appealable ruling that the work was necessary to maintain the Easement Area to the standard required hereunder, and if the work was done to the quality required, then the Owner(s)who should have shared said cost shall be responsible for their share of the cost, and the Owners)who performed the work shall be entitled to be reimbursed by the other Owner(s)not only for their share,but also for the expenses incurred in said collection including a reasonable attorney's fee, if a count action is instituted. All repairs, replacement, maintenance or improvements made to the Easement Area shall be made to a quality suitable to accomplish the purposes for which the Easement Area has been created. VI. PERMANENT EASEMENT. The easement created herein shall be a permanent easement, and shall bind the Declarant, all subsequent Owner(s), their heirs,successors and assigns. VII. INTEREST DUE WITH REGARD TO UNPAID OBLIGATIONS. In the event of a failure by any Owner to pay his/her share of any costs or expenses incurred hereunder,such costs and expenses shall, commencing thirty(30) days after the date of billing therefor,bear interest at the rate of twelve(12%) percent per annum until paid. VIII. GRANT AND RESERVATION. For as long as the Declarant owns either Lot 2 or Lot 3, it hereby reserves the right to grant rights of access over the Easement Area to any utility company for the purposes herein contained. The other Owner(s)will sign any documents required by the aforementioned utility companies to carry out the intent of this paragraph which is to provide utility service to the Easement Lots. IX. SUBSEQUENT MODIFICATIONS. All modifications to this Agreement shall be in writing and signed by the Owners of all properties benefitted or burdened by the easement rights created herein. However, in the event that Declarant shall request that minor modifications be made to this Agreement, or to the rights created hereunder, which shall not substantially interfere with any of the rights or obligations created hereunder, then the Owner(s) of said properties will sign a modification prepared by Declarant in order to accomplish said minor modifications. X. MISCELLANEOUS. A. The covenants, agreements and restrictions contained herein shall be covenants running with and for the benefit of and burden upon the Easement Lots and shall be binding upon and inure to the benefit of the Owner(s)thereof, and their respective heirs, successors and assigns. The rights granted herein shall be considered to create permanent casements. B. In the event that the Owners desire to jointly make any decisions hereunder, they shall be made by unanimous vote of the Owners of the Easement Lots. C. Each of the lots shall be treated as if it has one Owner. If any of said lots are owned by more than one person, then all of said persons must unanimously agree on any decision to which they are entitled to vote hereunder. Therefore, if all of said persons cannot unanimously agree, then the Owner(s) of said lot shall have no vote. D. All communications sent pursuant to this Declaration shall be sent in writing and sent by certified mail to the last known address of the recipient, XI. MERGER. lot.The easement rights created herein shall not merge with the fee ownership interest of any XII, RESTORATION. 1 I i I At any time that any Owner(s) shall exercise any eights hereunder, then, when said activity is completed,the Easement Area shall be restored to the condition it was in immediately prior to said activity, except to the extent permitted hereunder, i Executed as a sealed instrument this Y4�day of Q T Lf 1-% , 2019. Livingstone Development Corp. by ��- Thomas B. Hodgson,President and Treasurer COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On thi�KAay oK-Y14 019, Before ine,the undersigned notary public,personally, appeared Thomas B. Hodgson, as he is President and Treasurer of Livingstone Development Corp., duly authorized, and proved to me through atisfactory evidence of identification, which was -��� j��•vl� to be the person whose name is signed on the preceding document, and acknowledge to me tha he signed it voluntarily for its stated purpose on behalf of Livingstone Development Corp. t_C2.T.�'•r•-®`'`�F(p��lR'Na �_/p�r_S�Ygpe'2yrgZpY'{.`Z.4'.rnT ', ��Ytl�i WP0A4�@�N CY 0.n VIlI'11��-k-• Notary&�ubl4o Notary Public. M commission ex i�cs: / '' Commorwjzan01massaahu Y p �'� /> y comm.Exosa8vt bor I I I i i i I Declaration of Restrictive Covenants This Declaration of Restrictive covenant(this"Covenant")is made as of tba-lday of,,�Ly 2019 by the undersigned,Livingstone Development Corp.,a Massachusetts Corporation,having a principal place of business and I ailing address of P.O.Box 50,Tewksbury,Middlesex County, Massachusetts 01876(referred t herein as the"Declarant"),for the benefit of the inhabitants of the Town of North Andover(the"T wn"),acting by and through its Plarming Board(the "Planning Board"), and having a mailing a dress of 120 Main Street,North Andover,Massachusetts 01845, and for the benefit of all future owners of the Property(as defined below). Whereas,the Declarant is the owner of certain property(the"Property") being Lot 1, Lot 2,and Lot 3 on plan of land entitled "Flan of'Land Located in Methuen, Mass, Record Owner, Lars R. Lachapelle, 931 Wilton Rd, Mason, NH,Applicant, Livingstone Development Corp., P.0. Box 50, Tewksbury, MA 01876. DcJIe 415117, Scale I"=50',"prepared by Christiansen and Sergi, Inc, Professional Engineer s•&Land Surveyors, 160 Sommer Street, Haverhill, Massachusetts 01830. Said plan being recorded with the North Essex District Registry of Deeds as Plan 17595, by virtue of deed of Lois R. L*apelle dated May 2,2017 and recorded with the North Essex Registry of Deeds at Book 15069,Page 268. Whereas, the Planning Board hl s issued a Notice of Decision-Land Disturbance Permit,dated d September 5,2017 and recorde with said Registry at Book 15242,Page 72, Whereas,the Planning Board a `d the Declarant desire for the Declarant to memorialize certain restrictive covenants concerning the Property as described in and required by said Notice of Decision-Land Disturbance Permit. Now, therefore,in consideration:of the foregoing premises and for other good and valuable consideration, the receipt of which is hereby acknowledged,the Declarant, for itself, its successors and assigns,does hj�eby forever covenant and agree, for the benefit of the Town, acting through the Planning Board,and for the benefit of all future owners of the Property, as follows: 1. There shall be no furtl er division or subdivision of any part or portion of the Lots. 2. The owners of each o Lot 1,Lot 2, and Lot 3 shall responsible to maintain,repair and replace all drainage structures, including bio-retention areas,infiltrations basins, grassed swalcs,drainage channels and other drainage improvements as may be located on their I k. 1 respective lots. 3. The Declarant agrees to file this Covenant with the Essex North Registry of Deeds and to forward recorded copies of this Covenant to the Planning Board within thirty(30) days of recording. 4. This Covenant shall be binding upon and inure to the benefit of the owner of each of Lot 1, Lot 2, and Lot 3, and any,successors in interest to the Property, it being the express intention and understanding and agreement that this Covenant shall constitute a covenant running with the land. Each anJ all of the covenants and provisions of the Covenant shall be incorporated by reference into end shall be referenced in the future deeds for such Lots. 5. This Covenant shall also be and is for the benefit of the Town,its successors and assigns. 6. This Covenant shall run with the Property in perpetuity from the date of recordation in the Essex North District Registry of Deeds and shall be binding upon Declarant,Declarant's successors and assigns, and any`other party having an ownership interest in said Property or claiming to have an interest wit 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 Covenant 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 of Covenant 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 andbeclarant 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 provi�ion of this Covenant and shall not, in any enforcement action, raise the invalidity of any proviion of this Covenant. 7. This Covenant shall not be modified,amended,changed, or terminated or waived without the consent of the Declarant(or Deelarant's successor(s)) and the consent of the Town. The Declarant as well as the Town may enforce and, if necessary, extend this Covenant 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 Covenant in perpetuity in accordance with applicable law. The Town is hereby declared to be a benefited party to and a holder of this Covenant 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 and/or their behalf, including but not limited to any notice or instrument which may at any time be necessary to maintain this Covenant 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�I awn. 8. The Town shall have the authority and right to enforce this Covenant 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 compliance with this Declaration of Covenant;(ii)enforcing this Declaration of Covenant; 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 aga'nst any party or parties violating or attempting to violate the terms of this Covenant 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, 9. In the event that the jDeclarazrt,the Owners of Lots 1, 2, and 3 and their successors and assigns fail to fulfill their obligations created by this Covenant 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 Lots 1,2, and 3 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, 10. If any court or other tribunal of competent jurisdiction determines that any provision of this Covenant is invalid or utenforceable, 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. i 11. Any election by the Town as to the manner and tithing of its right to enforce this Covenant or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. 12. Declarant and Declarant's successors and assigns, including all subsequent owners of the Property or portions thereof, shall inform a potential purchaser in writing of this Declaration of Covenant and shall incorporate this Declaration of Covenant, 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 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. 13. No amendment or release of this Covenant shall be effective unless 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. 14. Nothing herein shall be deemed to prohibit a conveyance subject to this Covenant of all or any interest in the Property. Executed as a sealed instrument this 7 v day of I 1-t L V ,2019. Livingstone Development Corp. Thomas B. Hodgson,President and Treasurer 1 i COMMONWEALTH Or MASSACHUSETTS ESSEX, SS On this7e>day of'3UW 2019,Before me,the undersigned notary public,personally, appeared Thomas B. Hodgson, as he is President and Treasurer of Livingstone Development Corp.,duly authorized, and proved to me through satisfactory evidence of identification,which was to be the person whose name is signed on the preceding document, and acknowledge to me that he signed it voluntarily for its stated purpose on behalf of 3 Livingstone Development Corp. Notary Public: My commission expires: CA13Criw �. :�.3} f�ctaru!"is If ,:4;;V C rntnen,: