HomeMy WebLinkAbout1994-08-16 Recorded Conservation Restriction DEF SUB P
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CONSERV A'1G`,ION RESTRICTION
X. GRANTING CLAUSE:
Thomas D. Laudani, individually, as owner of Lot I shown on a
plan entitled"Subdivision-Plan of Land in North Andover,`Mass. Drawn for
Edmund Leland"-by-Merrimack Engineering Services, Inc,, 66.Park Street,
Andover, MA 0I810, filed with the Essex North Registry of Deeds as Plan
No. 1248.1 (the "Plan"), of 41 Marblerldge Road, North Andover,
Massachusetts and Thomas .D. Laudani, as Trustoo of Ridgeway Realty to
Trust u/dlt dated March 7, 1994 and recorded with the Essex North
Regidtty of Deeds in Boole 4001,-Page.320, as owner of Lott 2, 3,-4,. aad.S r~
shown on the Plan, of 733 Turnpike Street, -Suite 209, North Andover,
Massachusetts,,
_(hereina€ter collectively "Grantor"), acting pursuant to
Sections 31, '32 and 33 of Chapter 184 of the General Laws, grant to the
Inhabitants of-the Town of North Andover, acting by and -through its
Conservation Commission, located at 120 Main Street, North Andoverr,
Massachusetts, and its sueensors and permitted assign ("Grantee"),
exclusively for conservation purposes as set forth isi Section 8C of Chapter
40 of the General Laws, the following described Conservation Restriction
on certain land located in the Town of North Andover, Massachusetts, said
land being described .in Exhibit A attached hereto (the "Conservation
Restriction Easement ,Area"), reserving to Grantor the fee -simple in the
Conservation Restriction Easoment Area and all other rights therein not
expressly granted^to Grantee,
11. Pi1.RPOSES:
The Conservation Restrictions-Easement Aroa is contained-within the rami
Watershed Protection District and the Non-Disturbance Buffer Zone and the
Non-Discharge Buffer Zone as those terms-are defined In the Zoning By
Law of the Town of North Andover. This Conservation Restriction is
granted for the purpose of preserving the Conservation Restriction
Easement Area in its predominantly natural and/or open condition, with the
public benefit of such preservation being as follows:
(a) preservation and maintenance of the filtration and
purification function of the land,.the ground water table
and the purity of the ground water and Lake $'
Coclrichewick;
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(b) -preservation of the natural environment;-and
(c) ,protection of the public-health, safety and welfare.
911, PROHIBITED ACTS AND-USES, EXILE-PTIONS TIMAETO,
AND PERMITTED`USE8:
A. grohibita Acts n U es, Subject to the exception►s set forth in
paragraphs B and C below, the following acts and asses are prohibited in the
V:Onecrvation Restriction Easement Area,
1. Cni►structing or placing -any building, .landing strip,
mobile.lrome, tennis court, swimming pool, asphalt or
concrete-pavement, sign, billboard or other advertising
display, antenna, utility-Pole, tower, conduit, nr line or
other temporary.or permanent structure Dr faoility on or
above-the Conservation Restriction Easement Area;
2. -Mining, excavating, dredging or removing from the
Conservation Restriction -Easement Area, soil, loam,
pent, gravel, sand, -rodk or other mineral resource -or
natural deposit;
3. The installation. 3of underground -storage tanks, or tide
dumping in-the Con�mrvation Restriction 9mment Area
Of refuse, tml►, vehicle bodies or parts, rubbish, debris,
-junk, waste or other substance Di-material;
4. Cutting, removing or otherwise destroying trees;
-5. Activities iletrixnentaI -to drainage, flood control, water
conservation, erosion-control or soil conservation;_and
6. Undertaking any other use or activity in the
Conservation Restriction easement Area which woaild
-~impair-materially any significnut conservation interests
unless necessary for the protection Dr the conservation
interests that are Ahe -subject of this Conservation
Restriction.
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B, Exceptions to t]the se 'z'olaibited nd Use . The
following .acts and uses otherwise -prohibited in subparagraph A are
permitted but only if such -acts or uses do not materially.impair siSnifics►i►t
comery llon interests,
1. Excavation and removAl from the Conservation
Restriction Easement Area of sail, gravel or other
mineral resource or natural.deposit-as may be incidental
to the-maintenance of.good drain►age, sail conservation
praetires or-to other permissible use of the Conservation
Restriction Easement:Area;
2, selective .cutting of trees for fire -proteotion, unpaved
trail and-road maintenance,-tick control, or otherwise to
preserve the present condition of the Conservation
Restriction Easement Area, including vistas;-and
3. Hiking, her-seback ridinS, cross country skiing and other
outdoor recreational activities,
C. -Rermitted Acts and Usgs. All acts and-►gems not prohibited .by
subparagraph A are permissible. Further, notwithstanding anything
-contained herein to the contrary, Grantor nxpressly retains rand Teserves for
itself, and its suoeessors and assigns, and the Conservation Restriction
Easement Area is eouvoyeri sOject-to, the following reserved -casements
and -rights, including, without limitation, the right for installation,
maintenance, repair or replacement, which may result from the exercise by
Grantor of any rights reserved, all of whicli are Hallowed;
1. To the extent presently existing, the right to maintain
drainage, retaining walls, utility poles, voz►duiis, lines
and appurtenances thereto;
2. The right to drain surface and subsurface water onto the
Conservation Restriction Easement Area (including
quantity and rate) from the land:retained by Grantor-and
maintain the existing outlet control-devise;
.3. The right to convey the Conservation Restriction
Easement Area-or any portion thereof separately, or any
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lawful subdivision of the Conservation Restriction
Easement Area; and
d. The right to out and remove hay from the Consemation
Restriction Easement Area,
XV. LEGAL REMEDIES UE THE GRANTEE:
A. 1 id lnjjincti a lie , The rights hereby granted shall
include the right to enforce this Conservation Restriction by appropriate
legal proceedings and to obtain injunctive and other equitable relief against
any violations, including, without limitation, relief requiring restoration of
the Conservation Restriction Basement Area to its condition prior to the
time of injury complained of (it being agreed that Grantee may have no
adequate remedy at law), and shall be in addition to, and not in limitation
of, any other rights and remedies available to Grantee.
R imb r ement of Costa of Enforcement Grantor, and their
successors and assigns, covenants and agrees to reimburse Grantee for all
reasonable costs and expenses (including Without limitation counsel fees)
incurred in enforcing this Conservation Restriction or in remedying or
abating any violation thereof.
C. a t Disclaimer of ili . By its acceptance of this
Conservation Restriction, Grantee does not undertake any liability or
obligation relating to the condition of the Conservation Restriction
Easement Area.
D. Severnbility Clause. If ally provision of this Conservation
Restriction shall to any extent be held invalid, the remainder shall not be
affected,
E. Win-Waiver, Any election by the Grantee as to the inanner
and tinning of its riglit to caforce this Conservation Restriction or otherwise
exeroise its rights hereunder shall not be deemed or construed to be a
waiver of such rights,
F. Agts a Grantor's C ntrol. Nothing contained in this
Conservation Restriction shall be construed to entitle Grantee to bring any
action against Grantor for any injury to or change in tlue Conservation
Restriction Easement Area resulting from causes beyond the Grantors'
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control, including without limitation, fire, flood, storm, earth movement,
and acts caused by trespass on the Conservation Restriction Easement Area,
or from any prudent action taken by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Conservation Restriction
Easement Area resulting from such causes,
Cr, TerminatigIL f Rights and QbligatiQim. Notwithstanding
anything to the contrary herein, the rights and obligations, under this
Conservation Restriction, of any party holding any interest in the
Conservation Restriction Easement Area shall terminate upon transfer of
that party's interest, except that liability for acts or omissions occurring
prior to transfer shall survive transfer.
V. ACC;ErSSr
The Conservation Restriction hereby conveyed does not grant to
Grantee, to the general public, or to any person any right to enter upon the
Conservation Restriction Easement Area except there is granted to the
Grantee acting by and through its Conservation Commission the right to
enter the Conservation Restriction Easement Area (i) at reasonable times,
(it) in a reasonable manner, and (iii) with reasonable notice to Grantor and
the successors and assigns of Grantor holding any interest in the
Conservation Restriction Easement Area, for the sole purpose of inspecting
the Conservation Restriction Easement Area to detorinine compliance
herewith and to enforce the provisions hereof,
VI, ASSIGNABLL,ITY,
A. Dunning gf the, Burden. The burdens of this Conservation
Restriction shalt run with the Conservation Restriction Easement Area, and
shall be enforceable against Grantor and the successors and assigns of
Grantor holding any interest in the Conservation Restriction Easement
Area,
B. Running of the lien fi , The benefits of this Conservation
Restriction shall be in gross and shall not be assignable by Grantee, except
in the following instances and from time to time:
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1, As a condition of any assignment, the Grantee requires
that tite purpose of this Conservation Restriction
continue to be carried out; and
2. The-assignee, at the time of assignment, gvalifies under
Sootion 32 of Chapter 184 of the General Laws as art
eligible donee to receive this Conservation Restriction
directly. j
VII. SUBSEQUENT TRANSFERS:
Grantor Agrees to incorporate by reference the terms of this
Conservation Restriction in the initial deed(s) from it by which it divests
itself of-any interest in all or a portion of the Conservation Restriction
Easement Area,
VIII. EFFECTIVE DATE AND TERM:
This Conservation. Restriction shall be effective when Grantor and.
Grantee have executed it and it has been recorded with Essex North Deeds;
Grantor shall record this instrument in a timely fashion,
The restrictions contained herein shall remain in felt force and effect
until thirty (30) years from this date, and may thereafter be extended and
continued for further periods of twenty (20) years each in the manner
provided in Massachusetts General Laws, Chapter 184, Section 27, as it
may be amended from time to time. Upon the recording of the
administrative approvals required by Section 32 of Chapter 184 of the
General laws, the burden of these restrictions shall ruts in perpetuity.
Executed under seal as of the L day of September, 1995.
RIDGEWAY REALTY TRUST
By,
Thomas D, Laudani, as Trustee Ti omas lD, Laudani
and not individually
G
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COMMONWEALTH OF MASSACHUSETTS I
Essex, ss. September It, 1995
Then personally appeared before me the above-named Thomas D.
Laudani and acknowledged the foregoing instrument to be his free act find
deed individually-and as trustee of Ridgeway
atary PubhC Linda�—O }�nr4hav,
My Commission Expires: FtdrvAfgZ`'zoao
ACCEPTANCE OF GRANT j
The above Conservation Restriction is accepted pursuant to Section
8C of Chapter 40 of the General Laws for conservation purposes this
Y17 day of September, 1995,
TOWN OF NORTH ANDO'VER
By its Conservation Commission
hairman
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. SeptemberI 1995
Then personally appeared before me the above-named
and acknowledged the foregoing to be his free act .
and doe .
Notary public
My Commission Expires: c�,,�r�24r?-ew
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BK 4366139 FG 245
EXHIBIT A
The land in North Andover, Essex County, Massachusetts, being
shown. as "Conservation Restriction Easement" on a plan entitled "Plan of
Land in North Andover, Mass. Depicting Conservation Restriction '
Easement, as Prepared for Ridgeway Realty 'rust" by Merrimack
Engineering Services, Inc., 66 Dark Street, Andover, MA 01810, filed with
the Essex North Registry of Deeds as Plan No. L60-,�--- (the
"Conservation Restriction Easement Area"),