HomeMy WebLinkAbout1993-02-12 Legal Documents DEF SUB .. ::�:.1.• .: B K 37 G.3 A
FORK X
ITIES
John a,;Polan, Trustee of H!•1drose Realty Trust u/d/t dated y.<�•�3
and reeordod,at nookcounty,� Pogo ' Z -.bf 853 Turnpike Street, North 4 AndoJnr,`^ Essex County, Massachueetts,' for the' consideration of c ,
,:�hergy grants, •transfers and delivers unto the Town
^� of -North :Andover, a municipal corporation in Essex County, the
fallowing as'described on a certain plan entitled "NORTH ANDOVER
;9 + HEICHTS, •A PLANNED RESIDENTIAL DEVELOPMENT, APPLICANT: WILDROSE
REALTY TRUST, 853 Turnpike Street, North Andover, Massachusetts,
Christiansen and Sergi, dated November 11, 1992, as revised and
recorded at the Essex North District Registry of Deeds as Plan No.
<�•. .k /�•yr.(J rJ r,r .1•JO �'"nC�c �,rJ rN.� r
The perpetual rights and easements to construct, inspect, repair,
Fes`' remove, replace, operate and forever maintain (1) a sanitary sewer
or sewers with any manholes, pipes, conduits and other
appurtenances, (2) pipes, conduits and their appurtenances for the
conveyance of water, and (3) a covered surface and ground water
drain or drains With any manholes, pipes, conduits and their
appurtenances, and to do all other acts incidental to the
foregoing, including the right to pass along and over the land for
the aforosaid purposes, in, through, and under the whole of Ridge
a, Way and Skyviow Terrace as described in the above Plan, which Plan
is incorporated herein for a complete and detailed description of F1
: said roads,
Cr14
1�4) The grantor warrnnto that the aforesaid anaomonts are free and
clear of all Ilona or encumbrances, that it hna good title to P�
10 tranofor tto soma, and that it will defend tho soma ag4inat claim%
of any persona,
} Fi.'5 7/`a' f 1 7
for grantor r title see dead at and recorded in
z a the Essex North District Registry of Deeds herewith.
I11 "T"88 WHL'RLOY I have hereunto set my hand and seal this 2nd 4 day of March, 1993,
r�s .
ry
4 jJnj. Nol n, rustee
COMMONWEALTH OF MASSA Q;
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County of Essex
March 2, 1993
Then personally appeared the above named f)ulo l, Trcr)&�
and acknowledged the foregoing to be ��i, free act and deed, "
bsfarr m�, $
�Not4ryblio i4y!;e'.�Q%,Q'k Q
my commissio i 1 a .��I.'!
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FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
John J. Nolan, Trustee of Wildrose Realty Trust u/d/t dated
and recorded at Book Page of 853 Turnpike Street, North
Andover, Essex County, Massachusetts, for the consideration of
$ , hereby grants, transfers and delivers unto the Town
of North Andover, a municipal corporation in Essex County, the
following as described on a certain plan entitled "NORTH ANDOVER
HEIGHTS, A PLANNED RESIDENTIAL DEVELOPMENT, APPLICANT: WILDROSE
REALTY TRUST, 853 Turnpike Street, North Andover, Massachusetts,
Christiansen and Sergi, dated November 11, 1992 , as revised and
recorded at the Essex North District Registry of Deeds as Plan No.
The perpetual rights and easements to construct, inspect, repair,
remove, replace, operate and forever maintain (1) a sanitary sewer
or sewers with any manholes, pipes, conduits and other
appurtenances, (2) pipes, conduits and their appurtenances for the
conveyance of water, and (3) a covered surface and ground water
drain or drains with any manholes, pipes, conduits and their
appurtenances, and to do all other acts incidental to the
foregoing, including the right to pass along and over the Land for
the aforesaid purposes, in, through, and under the whole of Ridge
Way and Skyview Terrace as described in the above Plan, which Plan
is incorporated herein for a complete and detailed description of
said roads.
The grantor warrants that the aforesaid easements are free and
clear of all liens or encumbrances, that it has good title to
transfer the same, and that it will defend the same against claims
of any persons.
For grantor' s title see deed of even date herewith and recorded in
the Essex North District Registry of Deeds herewith.
IN WITNESS WHEREOF I have hereunto set my hand and seal this 2nd
day of March, 1993 .
J nr. N�� n, rustee
COMMONWEALTH OF MASSACH E
County of Essex March 2 , 1993
Then personally appeared the above named
and acknowledged the foregoing to be NL) free act and deed,
before me,
Notary Public
My commission expires:
F.�11 M.F}Vrl i\�4Y • ! Y K V 7 6 3
- 39
KNOW ALL MEN BY THESE PRESENTS
That John J. Nolan, Trustee of WILDROSE REALTY TRUST, u/d/t dated
,'. G - t S-`�.3a Massachusetts Trust recorded at Book 7/4, Papa
with a principal place bf business located at 853 Turnpike Street,
;* North ndover, Essex County, Massachusetts, hereinafter referred
to as Grantor" for consideration•'of ;One ($l.qO) Dollar, grants to
is the TOWW OF NORTH ANDOVER;Ia municipal corporation, hereinafter
t , the ,• { referred to as the "Grantee" with QUITCLAIM COVENANTS �
perpetual right and easement for future road access as described q
on a certain plan entitled "NORTH ANDOVER HEIGHTS, A PLANNED
RESIDENTIAL DEVELOPMENT, APPLICANT: WILDROSE REALTY TRUST, 853
n. Turnpike Street, North Andover, Massachusetts, Christiansen and
Sergi, dated November 11, 1992, as revised as retarded at the Essex
North District Registry of Deeds as Plan No,/ WTI-.
+r� MA.0 :;l.� uch7/l i/.0/704,, �
Together with the right to use the streets and ways as shown on
said plan for all purposes for which streets and ways are commonly
used in the Town of North Andover in common with all others
lawfully entitled thereto until conveyed to the Town of North
Andover.
Being a portion of the premises conveyed by deed of Cyr Associates
dated � ,.1993 and recorded , rw4.6_, 6 3 7/5? f o77cc
Ea �
x IN WITNESS WHEREOF, WILDROSE REALTY TRUST, through its duly C"
v r{ authorized trustee, has set its hand and seal this 2nd day of C:
p r March, 1993. �] !
o
WILDROSE REALTY TRUST ' }
4
x A B,y: a n J. N lan, Trust". COMMONWEALTH OF NA�SSAC SETTS
Essex, as. March 2, 1993 ^'
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Then personally appeared-the above•-na ed John J. Nolan, Trustee of
wildross Realty Trust, and acknowle ed the foregoing to ba his co
t: free act and deed, before ■e,
j
James, Jr. x
-' s ;• No Public + 32
My commission expirest
February 21, 1997
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FORM I
COVENANT
MRRc 14 , 19 �t 3
No a:r N A,.2 fl a u kf • MA
KNOW ALL MEN by these presents that the undersigned has
submitted an application dated jVoue,r.64n. 11, E1 z , to the NORTH
ANDOVER PLANNING BOARD for approval a Definitive Plan of a
subdivision of land entitled: tv o ctTH AN oovf cc H S l&14-r S__►
plan by: C—t%r,s -N%A-,,s L r• + S
dated: jj0ven.6-cLj it , 1 , 9 2 owned by: UJIL-VR05% ReLALlY Tru3T ►
address: 3.a:3 -ru2;,jeekt 5-rAr.9.•r, Nor-`-++ h,,.jaousA- i MR- o IkKS;
land located: KA I\ja,4--, 4-2
and showing tg proposed lots. The undersigned has
requested the Planning Board to approve such plan without
requiring a performance bond.
IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in
the county of ESSEX approving said plan without requiring a
performance bond, the undersigned hereby covenants and agrees
with the inhabitants of the town as follows:
1. That the undersigned is the *owner in fee simple
absolute of all the land included in the subdivision
and that there are no mortgages of record or otherwise
on any land, except for those described below, and that
the present holders of said mortgages have assented to
this contract prior to its execution by the
undersigned.
*If there is more than one owner, all must sign.
"Applicant" may be an owner or his agent of record
must sign the covenant.
2 . That the undersigned will not sell or convey any lot in
the subdivision or erect or place any permanent
building on any lot until the construction of the ways
and installation of municipal services necessary to
adequately serve such lot has been completed in
accordance with the covenants, conditions, agreements,
terms and provisions as specified in the following:
a. The Application for Approval of Definitive Plan
(Form C) .
b. The Subdivision Control Law and the Planning
Board' s Rules and Regulations governing this
subdivision.
1 of 5
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C. The *Certificate of Approval, and the conditions of
approval specified therein, issued by the Planning
Board, dated F�,6ry ok rY - 2. , s 9 9 3 3 c c� �ti0 r"h r 7
I7 �11131 rC3 (pec.4-1uaI ,
d. The Definitive Plan as approved and as qualified
by Certificate of Approval.
e. Other document(s) specifically construction to be
completed, namely,
However, a mortgage who acquires title to the mortgaged
premises by foreclosure or otherwise and any succeeding
owner of the mortgaged premises or part thereof may
sell or convey any lot, subject only to that portion of
this covenant which provided that no lot be sold or
conveyed or shall be built upon until ways and services
have been provided to serve such lot.
3 . That this covenant shall be binding upon the executors,
administrators, devisees, heirs, successors and assigns
of the undersigned and shall constitute a covenant
running with the land included in the subdivision and
shall operate as restrictions upon the land.
4 . That particular lots within the subdivision shall be
released from the foregoing conditions upon the
recording of a certificate of performance executed by a
majority of the Planning Board and enumerating the
specific lots- to be released.
5 . That nothing herein shall be deemed to prohibit a
conveyance by a single deed subject to this covenant,
of either the entire parcel of land shown on the
subdivision plan or of all lots not previously released
by the Planning Board.
6 . That the undersigned agrees to record this covenant
with the S -g- Nor- County Registry of Deeds,
forthwith, or to pay the necessary recording fees to
the said Planning Board in the event the Planning Board
shall record this agreement forthwith. Reference to
this covenant shall be entered upon the Definitive
Subdivision Plan as approved.
7 . A deed or any part of the subdivision in violation of
the covenant shall be voidable by the grantee prior to
the release of the covenant; but not later than three
(3) years from the date of such deed, as provided in
Section 81-U, Chapter 41, M.G.L.
2 of 5
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8. That this covenant shall be executed before endorsement
of approval of the . definitive plan by the planning
Board and shall take effect upon the endorsement of
approval. Said covenant shall expire two years from
the date of the endorsement of the definitive plan.
9 . Upon final completion of the construction of ways and
installation of municipal services as specified herein,
on or before M Ar.C H ; 1996 , the Planning Board
shall release this covenant by an appropriate
instrument, duly acknowledged. Failure to complete
construction and installation within the time specified
herein or such later date as may be specified by vote
of the Planning Board with a written concurrence of the
applicant, shall result in automatic rescission of the
approval of the plan. Upon performance of this
covenant with respect to any lot, the Planning Board
may release such lot from this covenant by an
appropriate instrument duly recorded.
10. Nothing herein shall prohibit the applicant from
varying the method of securing the construction of ways
and installation of municipal services from time to
time or from securing by one, or in part by one and in
part by another of the methods described in M.G.L. ,
Chapter 41, Section 81-U, as long as such security is
sufficient in the opinion of the planning Board to
secure performance of the construction and
installation.
For title to the property, see deed f of e.ver.s Apir4e .
detted
Registry of Deeds, Book
Page , or registered in Land
Registry as Document No . �andnoted on
certificate of title No. and noted onficate of
title No. in Registration Book , Page
The present holder of a mortgage the property is
of
The mortgage is dated and recorded
in Registry of Deeds, Book ,
Page , or registered in Land
Registry as Do5jaCent No. , and noted on certificate
of title no. , in Registration Book , Page
The mart gee agrees to hold the mortgage subject to the
covena he s set forth above and agrees that the covenants shall
have same status, force and effect as though executed and
re rded before the taking of the mortgage and further agrees
at
3 of 5
Tor
00spouse of the ,
t
hereby agrees that such interest as I ave in the
premises shall be sub ' rovisions of this covenant and
insofar necessary releases all rights of tenancy by the
rein.
IN WITNESS WHEREOF we gave hereunto set our hands and seals this
of A CC-W 19 2-3..,.
b sue►-- �
owner tz
Spouse of Owner
Mortgage
Acceptance by a Majority
of the Planning Board of
AloicrH Q novek,
COMMONWEALTH OF MASSACHUSETTS
fss — LVIr l•. , 19
Then personally appeared before me the above named
and , acknowledged the foregoing instrument to
be free act and deed.
N tary Pdblic
My Commission E pires:
COMMONWEALTH OF 1ASSACHUSETTS
'Essex ,s s 19
Then personally appeared before me the above named ��kSiMD/9S
and acknowledged the foregoing instrument to
be 746 0t free act and deed.
?6tary Publio
My Commission Expires: It?—a L / T
4 of 5
j
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COMMONWEALTH OF MASSACHUSETTS
ass , 19
Then personally appeared before me the above named
and acknowledged the foregoing instrument to
be free act and deed.
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
ss , 19
Then personally appeared before me the above named
and acknowledged the foregoing instrument to
be free act and deed.
Notary Public
My Commission Expires:
5 of 5
ORM I
kry -' COVENANT
i N1� C l9g3
MA F t
KNOW ALL MEN by these presents that the undersigned has A? 7
submitted 'an application dated 1' �,
jovet u z 1! 41 , to the NORTH <
ANDOVER PLANNING BOARD for approval a Definitive Plan of a {
subdivision of land entitled: t.]ottT-H ANVOVtfL t3E[6r[4-rs. , f I
plan by: 1 I
r, H IN 4r[r I
dated: owned by: UJILOQ09t eLA10 f-S , €
address:
land.located: MA t Vt2 , f;
and showing 19 proposed lots. The under, gned has
requested the Planning Board to approve such plan without
requiring a performance bond. S,
t IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in 4i \�
the county ' of .ESSEX' approving said plan without requiring a .
performance "bond, the"undersigned hereby 'covenants and agrees
with the inhabitants of the town as follows: r,• .
1. That the . 'undersigned is 'the Aowner " in fee simple ?
absolute of all. the land included in the subdivision
and that there are no mortgages of record or otherwise
on any land, except for those described below, and that
the present holders 'of said mortgages have assented to
this contract . prior to its execution by the
undersigned.
*If is more than one owner, all must sign.
I'Applicant° may be an owner or his agent of record
must sign the covenant.
2. That the undersigned will-not sell or convey any lot in
the . subdivision or erect or place any permanent
building on' any lot until the construction of the ways i
and installation ,of municipal services necessary to
adequately . serve such lot has been completed in
accordance with the covenants, conditions, agreements, ,
terms and provisions as specified in the following: {
a. The Application for Approval of Definitive Plan :"
(Form C) . w
b, .. The Subdivision control haw and the Planning
Board's Rules and Regulations governing this
subdivision.
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Af etx rff,cav"Iwnw.s�.zv,�,).li "sv1 » ��_ '
Thq"''Certilirate';:ol,Approvai::and.tihe conditions of
npproyal•specilied therein; iaeue'd by the' Planning .
board; dated <'F w 3 a,.�d Ftsrv�r7 �'cl
11j li1s, f:ai-.v*ly.,
.4s
d. -The -Definitive Flan as`approved and as qualified
f i by'Certificate of Approval.
0. :'r;,Other.;dxumentIIsl s ecificall construction to be _
\
- 1
C (completed,',namely,. 1.
Ho waver,,a ,mortgage who acquires title to the�;martgaged
y <� ..premises,by foreclosure or.otherwis6'and, any succeeding '
owner. of.'the mortgaged, premises o.r ,part "thereof may "
sell or convey any,. lot; `subject ,only tolthat`portian of
this covenant which, provided;;ttiat no lot '•'be said or
conveyed or shall be" built upon'until ways and services .'
s have been provided to serve such"loti '
That ahie, covenant shall'.be"binding upon ,the executors,
I administrators devisees', heirs successors and assigns
of the 'undersigned and ''shill� 'constitute "a'. covenant
.f running with the land included in the 'subdivision and
I
shall operate as restrictions upon the land.
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1, That :particular the subdivision shall be
released from the foregoing
i .. 'conditions upon the ?. z
'- recording of.a certi executed by, a
fic'ate,of" er€ormance
i majority , of the Planning Board and enumerating the �{ `f
" specific lots to be released. {
That .:nothing;,harein shall be deemed to prohibit a
' => conveyance ,by; a .single.,deed' subject to this covenant,
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! of either the .entire .parcel 'Of land shown on the
j� ;{ subdivision plan"or of all lots"not previously released
!`€ by the Planning board. 5y
f 1 z
i 6. That the undersigned "agrees„ to record this covenant
.,with the or'i County":Registry of Reeds,
forthwith, or to pay the necessary recording fees to y
y y the said Planning Board in the event 'the Planning Board
? ;,s shall re agreement forthwith. Reference to
a this covenant shall be entered upon the Definitive , a
!" Subdivision Plan as approved.
7. A deed or any part of the subdivision in violation of
the covenant shall be voidable by the grantee prior to
i the release of the covenant; but not later than three "
(3) Years from the date of such deed, as provided in 5
Section al-U, chapter 41, M.G.L. '
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'-3 ,1�'� -..t...»I,-at♦,a....,h lakN.rl P.Sa'.wi s".?+e.YI'+ay�2Y..rn+•+a rll��.ia1f 4A'f5YifWdiQ'OISssL-
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g. That this' covenant shall be executed befor the dorsem
�� 1' ,•
of approval of the definitive plan by planning
Board and shall "take effect' upon the endorsement of
approval. 'Said"covenant" shall expire .two �ycars :from 1
the date of the endorsement of the definitive plan. i
9. Upon final completion of the construction .of ways and
installation of municipal.services as specified herein,
t on or ,before r� N +`I r the Planning Board
shall release this covenant by an appropriate ]
instrument, duly " acknowledged. Failure to complete ! I
the time specified
. an within
construction and install ati
> herein or such later date as may be specified by vats
of the Manning Board with 'a written concurrence of the
applicant, shall result in automatic rescission of the g�
approval of the plan. Upon performance of ' this
covenant with 'respect to any lot, the Planning Board
an {
may.', releass such lot from this covenant by
appropriate instrument duly recorded.
• applicant from
'E 10. Not herein shall prohibit the
varying the method of securing the Construction of ways
1 and installation of "municipal services from time to f
time or from securing by one, or in part by one and in
part by another of the methods described in M.C.1,.I
Chapter 41, section 81-U, as long as such security is
sufficient in the 'opinion of the planning Board to
secure , performance of. the construction and
installation,
For title to the property, see deed flat of even. A&4e •"
Registry of Deeds, Book ,
or registered in Land 5�
Page _____ an oted on }
i Registry as Document No. ^� < <
rtificate of
certificate of title No. � r and noted on
title No, r in Registration Book _ _ Page ,
}
The present holder of a mortgage the property is
of
The mortgage s dated and recorded
in Registry of Reeds, Book Laid
Page , o egistered in and noted .on certificate
Registry .as Doc ent No. ' Page
of title no. , in Registration Book ,
The more gee agrees to hold the mortgage subject to the
covena set forth above and agrees that the covenants shall
fect -as though
ed and
reVe he same rded before tthestiakinggafnthef mort9 4, and further t agrees
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hereby' Agra,
a that ouch _inter
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_ est- as= Ye in—the
- pram ass ■hall be a ov eions of:th s covenant and 3 _:
insofe
ecessa�y' release's all _,'rights!,'of tenancy by the
IN W iE98 WHEREOF we "gave hereur►to set our f `
of hands'end seals this 1
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WIC 4AOIt
r OW O L' � k
Spouse of O
weer IL
Morkgage 5
Acceptance by a Ma or ty
t of the planning Board of
COMMONWEAL" OF MASSACHUSETTB
The
' fk n personally appeared before me the"above namad
be and 'acknowledged the foregoing instrument to y a , free act and deed.
A.
".
My Commission E plrest 1 � is> in
A.
,
` COMMONWEALTH OF MASSACHt15ETT8 3
k---� ss :L
fihen personally appeared before me the above named
�''
end acknowledged .the foregoing netrument to
may,
be free act and deed. 5"
My Commission Expiras"41',
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Q UITCLAIA1 DEED
MA LIMITED LAND CORPORATION, a Massachusetts Corporation with a principal
place of business of 1800 West Park Drive, Westborough, Massachusetts, in consideration of less
than One Hundred Dollars ($100,00), the receipt of which is hereby acknowledged,
The Conservation Commission of
�✓✓ grant to THE TOWN OF NORTH ANDOVER, of Main Street, N. Andover, Massachusetts,
WITH QUITCLAIM COVENANTS, AMA Y 17 T f�
the land described as Open Space Areas #1, 2, 3, and 4 on a plan consisting of nineteen (19)
sheets entitled "North Andover Estates" Owner and Applicant: Elm Services Corporation, drawn
by Thomas E. Neve Associates, Inc..Dated April 21, 1992, revised to June 26, 1992, and
recorded in the Essex Northern District Registry of Deeds as Plan#12097,
Said Iand is more particularly described as follows:
,d
7 Open Space Area#1 consisting of 380,896 square feet, more or less.
Open Space Area#2 consisting of 14, 383 square feet, more or less. �w
® Open Space Area#3 consisting of 210,238 square feet, more or less. j
7 Open Space Area#4 consisting of 353,983 square feet, more or less.
Subject to restrictions, covenants, and casements of record which may be in effect and all
}�l easements as shown on said Plan. For Grantor's title see deed from EIm Service Corp. dated
August 11, 1994 recorded in said Registry of Deeds in Book 4107, Page 219. This conveyance is
I j a sale in the ordinary course of business of the Grantor and is not a sale of all or substantially all
of the assets of such Grantor. No title examination performed. No title examination performed.
7�
Property Address: Open Space as shown on Plan #12097, North Andover.
Executed as a sealed instrument this day of� � 1999.
n
ILIA LI ;ITED LAND CORPORATI N,
BY: �" C
Gre o ell ter, Assistant Vice
g rY ,
President
Commonwealth of Massachusetts
County of Middlesex, ss:
Then personally appeared before me the.above Gre gory Kelleher, Assistant Vice
President of MA LIMITED LAND CORPORATION, dul authorized and acknowledged the
foregoin instrument to be his free act and deed on behalf of said corporation, before me this
day of m , 1999. ���syus��if�r+qrr
Not ublic � •a"` 1�,G��y
My commission expires:
*_
"QT,�nY po
`�`1fNNiUl1
GRANT OF WAY
SKYVIEW TERRACE NORTH ANDOVER MASSACHUSETTS
KENSINGTON WOODS LIMITED PARTNERSHIP, by and through its General
Partner, FRANKLIN FARMS G.P. INC. a Delaware corporation duly qualified to do business in
the Commonwealth of Massachusetts, with a usual place of business at 1800 West Park Drive,
Westborough, Massachusetts, owners of a way known as Skyview Terrace in the Town of North
Andover, Essen County, Massachusetts, as shown on a certain Plan recorded in the Essex North
` District Registry of Deeds as Plan#12248, in consideration of less than One Hundred Dollars
($100.00), the receipt of which is hereby acknowledged,
!7
grant to the INHABITANTS OF THE TOWN OF NORTH ANDOVER, of Main Street, N,
Andover, Massachusetts,
WITH QUITCLAIM COVENANTS, all of its right title and interest in and to the way known as
Skyview Terrace, in the Town of North Andover, Essex County, Massachusetts, being more +�
particularly described as follows: �a,
4u �
The roadway shown as Skyview Terrace on a plan consisting of eight (8) sheets entitled ,
"North Andover Heights" Applicant: Wild Rase Realty Trust, Record Owner: Cyr
Associates, drawn by Christensen& Sergi, Professional Land Surveyors, Dated
November 11, 1992, last revised 2/15/93, and recorded in the Essex Northern District
Registry of Deeds as Plan#12248. ;fin°; ?'?,ra
Subject to restrictions, covenants, and easements of record which may be in effect. For
7-- Grantors' title see deeds from John J. Nolan, Trustee of Wild Rose Realty Trust dated June 22,
1993, recorded in said Registry of Deeds in Book 3763, Page 69. This conveyance is a sale in the
ordinary course of businesses of the Grantors and is not a sale of all or substantially all of the assets
_ . of such Grantors, No title examination performed.
Property Address: Skyview Terrace,North Andover.
Executed as a sealed instrument this ��day of��p, 1999.
KENSINGTON WOODS LIMITED
PARTNERSHIP, by and through its General
Partner, FRANKLIN FARIVIS G.P. INC.,
,f
By:
Gregfory K lehe , Assistant Vice Presid nt
Commonwealth of Massachusetts
County of Middlesex, ss:
Then personally appeared before me the above named Gregory Kelleher, Assistant Vice
r r
President of FRANKLIN FARMS G.P. INC as partner artner of KENSINGTON WOODS
g
LIMITED PARTNERSHIP, duly authorized and acknowledged the foregoing instrument to be
his free act and deed on behalf of said corporation, before me thisa of ,
y
1999.
4Notublic ;;45Jti� kEssoH �G��y
My commission expires: 3--�.l
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COVENANT RUNNING WITH THE LAND
The Covenant herein set forth shall apply and be appurtenant to the following
lots of land owned by Wildrose Realty Trust, ("Wildrose") 853 Turnpike Street, North
Andover, MA 01845:
Lots 1 to 19 on a Plan of Land by Christiansen & SergVentitled "North Andover
Heights" recorded in the Essex North District Registry of Deeds as Plan No.
The following restrictions are to be applied in conjunction with all other
restrictions as established by the Town of North Andover, Essex County and the
Commonwealth of Massachusetts as they apply to subject lots. The restrictions are
intended for the preservation of the value and amenities of the lots and are for the
benefit of all lots and each owner thereof.
1. Architectural Building Plans:
A. Architectural style of the homes to be constructed on the lots
shall be New England colonial style architecture with wood, brick, vinyl or stone
exteriors. Homes shall be in excess of 1800 square feet.
B. No building or other structure shall be erected, placed or
allowed to stand on any lot for any purpose other than for a residence for a
single family or in connection with such a residence, nor shall a building or
structure be used in whole or in part for carrying on any trade, commerce or
profession. It is not meant hereby to prohibit use of the structures by its
occupants as accessory office and work space in conjunction with a primary
office and work location outside the home. Such use will be allowed only if no
external evidence of such use exists.
C. Out-buildings may include a garage for a maximum of three
(3) cars ( said garage may be attached to the house), a tool house, playhouse,
greenhouse or similar structures.
2. ,Miscellaneous Restrictions:
A. No clothes lines shall be permitted in sight of adjacent lots.
B. No farm animal or fowl shall be maintained on any lot, other
than a maximum of two domestic household pets, nor shall such pets be bred
or maintained for purpose of resale.
C. No exterior lighting shall be permitted of such intensity that
would unreasonably disturb owners of other lots subject to these restrictions.
3. ComQlgtipa of Work: All work on any lot shall be completed within 12
months from the commencement of construction on the lot.
4. Enforcement of Covenants: These Covenants shall be for the benefit of the lot
owners within the property. Wildrose, its successors and assigns shall have
the right but not the obligation to enforce these provisions. The lot owners may
enforce these provisions by action through a duly formed association comprised
of residents of the property. Failure to enforce the Covenants shall in no way
be deemed as a waiver of the rights included herewith.
i
5. Moficat!Qn or Termination of Restrictions The restrictions set forth herein, and
any amendments thereto, shall run with the lots unless and until modified by
approval of owners of 51% of the lots restricted.
6. Easement to Enter Upon Lots-: Wildrose, its agents, servants, employees,
successors and assigns shall have the right and easement at any time, before
and after conveyance of said lots, during working hours, to enter upon same for
the purpose of maintaining or improving of the ways, together with the right and
easement to grade such lots in accordance with the requirement of the Town
of North Andover. All of the foregoing may be accomplished without being
guilty of trespass or in any way being answerable for damages. The right shall
terminate three (3) years from the date of recording this instrument at the Essex
North District Registry of Deeds.
7. Indemnification: Any person who violates or otherwise fails to comply with
these covenants shall be liable to the person who seeks enforcement of the
Covenants and Restrictions for all losses, costs and expenses (including
attorney's fees) incurred by the party entitle to indemnification in connection
with the enforcement of these Restrictions. Invalidation of any one of these
Covenants by judgement or court order, shall in no way affect any of the other
provisions which shall remain in full force and effect.
Witness my hand and seal this 2 day of F�1993.
WILDROSE REALTY TRUST
John J. olan, Tru
COMMONWEALTH OF MASSACHUSETTS
Nl 0; Z
ESSEX, ss •- , 1993
Then personally appeared the above-named John J. Nolan, Trustee of Wildrose
Realty Trust and acknowledged the foregoing to be the free act and deed of the trust,
before me.
John A. James, Jr.
Notary Public
My Commission expires:
February 21 , 1997
COVENANT RUNNING WITH THE LAND -— 3
6
The Covenant herein set forth shall apply and be appurtenant to the following
bls of land owned by Wildrose Realty Trust, ("Wildrose") 853 Turnpike Street, North
"<-�'' Andover, MA O1845:
Lots 1 to 19 on a Plan of Land by Christiansen 8,Sergi entitled 'North Andover
Heights'recorded In the Essex North District Registry of Deeds as Plan No, 42.2e1v /.
S The following restrictions are to be applied in conjunction with all other
restrictions as established by the Town of North Andover, Essex County and the
Commonwealth of Massachusetts as they apply to subject lots. The restrictions are
b. Intended for the preservation of the value and amenilies of the lots and are for the
I
benefit of all lots and each owner thereof.
t 1. ArchiteclUrcil Building Plansm
A, Architectural style of the homes to be constructed an the lots
..4. shall be New England colonial style architecture with wood, brick,vinyl or stone
exteriors. Homes shall be in excess of 1800 square feet.
---�� B. No building or other structure shall be erected, placed or
U allowed to stand on any lot for any purpose other than for a residence for a
7 x single family or in connection with such a residence, nor shall a building or
1 structure be used in whole or in part for carrying on any trade,commerce or
prolession. It is not meant hereby to prohibit use of the structures by its ;
occupants as accessory office and work space in conjunction with a primary C
a office and work location outside the home. Such use will be allowed only it no '
`t o`1 external evidence of such use exists.
C. Out-buildings may include a garage for a maximum of three
(3)cars( said garage may be attached to the house), a tool house, playhouse,
o� greenhouse or similar structures.
2. Mll cellaneous Res,t,riC lonsi
j A. No clothes lines shall be permitted in sight of adjacent lots.
B. No farm animal or fowl shall be maintained on any lot, other
3s, than a maximum of two domestic household pets, nor shall such pets be bred
or maintained for purpose of resale. ,
C. No exterior lighting shall be permitted of such intensity that-would unreasonably disturb owners of other lots subject to these restrictions,
3, Comotettion of Work: All work on any lot shall be completed within 12 m ! months from the commencement of construction on the tot. x
4• EnfOLCUUnt of Cove0ants, These Covenants shalt be for the benefit of the Io
owners within the properly. Wikirose, its successors and assigns shall have
the right but not the obligation to enforce these provisions.The lot owners may 9.
�° . enforce these provisions by action through a duty formed aasoclalfon comprise
~h ,, , of residents of the properl . Failure to enforce the Covenants shall In no way
t+: I be deemed as a waiver of the rlahis Included herewith.
LEi?*•''1 :Zr ;
!` B93763
1Aedlttcatlnn or Tertnln�en of Rastrfcfione:'The restr1dons set forth heroin,and •�•-, •r w
!! - any amendments thereto,shelf nun with the lots unless and until modified by "
' =approval of owners of 61%of the lots restdded
Easement to Enter Upon Lots:Wildrose,Its agents,servanls,'empl6yees,
successors and assigns shall have the right and easement at any time,before
r{1. and after conveyance of said lots,during working hours,to enter upon same for
the purpose of maintaining or Improving of the ways,together with the right and
easement to grade such lots In accordance with the requirement of the Town `
of{North Andover. All of the foregoing may be accomplished without being 1
guilty of trespass or in any way being answerable for damages. The right shall
s terminate three(3)years from the date of recording this instrument at the Essex
North District Registry of Deeds.
7, IndemnilicatjQa Any parson who violates or otherwise fails to comply with
these covenants shall be liable to the person who seeks enforcement of the
Covenants and Restrictions for all losses,costs and expenses (including
}, atto(ney's fees) Incurred by the party entitle to indemnification In connection t
u ' with the enforcement of these Restrictions. Invalidation of any one of these
i Covenants by judgement or court order, shall in no way affect any of the other 1 '
provisions which shall remain In lull force and effect.
5
fl ji t, Wttness my hand and seal this day of h'eb 1993.
r •
• 4, WILDROSE REALTY TRUST.
Jo n J, olan, Trust
' COMMONWEALTH Of:MASSACHUSETTS '-
- NAf004 7.
ESSEX, ss .Feb+aeq ,1993 =�
r
s Then personally appeared the above-named John J. Bolan, Trustee of Wildrose•
Realty Trust and acknowledged the foregoing to be the free act and deed of the trust,
before me.
John A.,lames,Jr,
Notary Public
My Commission expires;
1, February 21, 1997 r .
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KNOW ALL MEN BY THESE PRESENTS
That John J. Nolan, Trustee of WILDROSE REALTY TRUST, u/d/t dated
a Massachusetts Trust recorded at Book , Page
with a principal place of business located at 853 Turnpike Street,
North Andover, Essex County, Massachusetts, hereinafter referred
to as "Grantor" for consideration of One ($1. 00) Dollar, grants to
the TOWN OF NORTH ANDOVER, a municipal corporation, hereinafter
referred to as the "Grantee" , with QUITCLAIM COVENANTS, the
perpetual right and easement for future road access as described
on a certain plan entitled "NORTH ANDOVER HEIGHTS , A PLANNED
RESIDENTIAL DEVELOPMENT, APPLICANT: WILDROSE REALTY TRUST, 853
Turnpike Street, North Andover, Massachusetts, Christiansen and
Sergi, dated November 11, 1992 , as revised as recorded at the Essex
North District Registry of Deeds as Plan No. " .
Together with the right to use the streets and ways as shown on
said plan for all purposes for which streets and ways are commonly
used in the Town of North Andover in common with all others
lawfully entitled thereto until conveyed to the Town of North
Andover.
Being a portion of the premises conveyed by deed of Cyr Associates
dated March 1993 and recorded herewith.
IN WITNESS WHEREOF, WILDROSE REALTY TRUST, through its duly
authorized trustee, has set its hand and seal this 2nd day of
March, 1993 .
WILDROSE REALTY TRUST
Bit o n J. N lan, Trustee
COMMONWEALTH OF MAASSACH SETTS
Essex, ss. March 2 , 1993
Then personally appeared the above--na ed John J. Nolan, Trustee of
Wildrose Realty Trust, and acknowle ed the foregoing to be his
free act and deed, before me,
Jo A. James, Jr.
Notary Public
My commission expires:
February 21, 1997
} I
i
KNOW ALL MEN BY THESE PRESENTS {
That John J. Nolan, Trustee of WILDROSE REALTY TRUST, u/d/t dated
a Massachusetts Trust recorded at Book , Page
with a principal place of business located at 853 Turnpike Street,
North Andover, Essex County, Massachusetts, hereinafter referred
to as "Grantor" for consideration of One ($1. 00) Dollar, grants to
the Conservation Commission of the TOWN OF NORTH ANDOVER, a
municipal corporation, hereinafter referred to as the "Grantee" ,
with QUITCLAIM COVENANTS, the land described as Open Space Area =
411, 827 square feet = 9 . 5 acres entitled "NORTH ANDOVER HEIGHTS, j
A PLANNED RESIDENTIAL DEVELOPMENT, APPLICANT: WILDROSE REALTY
TRUST, 853' Turnpike Street, North Andover, Massachusetts,
Christiansen and Sergi, dated November 11, 1992 , as revised and
recorded at the Essex North District Registry of Deeds as Plan No.
" consisting of 411, 827 square feet, more or less.
Being a portion of the same premises conveyed by deed of Cyr
Associates dated March 1993 and recorded herewith.
IN WITNESS WHEREOF, WILDROSE REALTY TRUST, through its duly
authorized trustee, has set its hand and seal this 4th day of
March, 1993 .
WILDROSE REALTY TRUST
By: hn J. A , Trustee
COMMONWEALTH OF MAL AC SETTS
Essex, ss. March 4 , 1993
Then personally appeared the above-Lamed John J. Nolan, Trustee of
Wildrose Realty Trust, and acknowld the foregoing to be his
free act and deed, before me,
hn A. ames, Jr.
otary Public
y commission expires:
February 21, 1997
1: „S. ,S,.:s1luY+.4-va:xJJrv.Af[.s Y._l ts.., ,Yf'J+lJiidCY�hM.tiv14F B R M • V V ,.Aha•rxxYNo4•fJJv1 Nf1:1/+',}Y'S741 fs:!f:11 { 1-
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13
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KNOW ALL MEN BY THESE PRESENTS
_ ...
` h -joh11 J. Nolan,`Trustee 'of WILDROSE REALTY:TRUST,"-u/d/t dated T
�, a Massachusetts,Trust;recorded at Book31-1V1 Page !
with a principal place ot'business lccatad'at 853 Turnpike'Street, f
North Andover, Essex County, Massachusetts, hereinafter referred
to as "Grantor" for consideration of One ($1.00) Dollar, grants to
the Conservation -Commission of .the TOWN OF NORTH ANDOVERy a
municipal corporation,' hereinafter referred to as the "Grantee",
with QUITCLAIM COVENANTS, the land described as open Space Area a
411,827 square Peat - 9.5 acres entitled "NORTH ANDOVER HEIGHTS, a,
A 'PLANNED RESIDENTIAL;",DEVELOPMENT, APPLICANT: .WILDROSE REALTY
TRUST, 853 Turnpike Street, North Andover, Massachusetts,
j Christiansen and Sergi, dated November 11, 1992,_ as revised and
recorded at the Essex North District Registry of Deods as Plan No.
/a7 _�10" consisting of 411,827 square feet, more or,less.
' Y Being a portion of tho same promises convoycd'`by dood of. Cyr
I Associates dated k4�} ��93 and rocorduderiswitMt�
,# IN WITNESS WHEREOF, WILDROS£ REALTY TRUST, through its duly
authorized trustee, has set its hand and seal this 4th day of
March, 1993.
WILDROSE REALTY TRUST
t i ; .H P E hn J. ola , Trustee
.' 0�3 COMMONWEALTH OF MA AC SETTS N
� � S March 4 1993
ra Essex, Be. r
�° CThen personally appeared the above- amed John J. Nolan, Trustee ofy
a Wildrose Realty Trust, and acknowl dged the foregoing to be his
free act and deed, before me, s
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y commission expires: ,u
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February 21, 1997 ,
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