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HomeMy WebLinkAbout2015-03-17 Legal Documents WSP DEF SUB PLANNING DEPARTMENT Community&Economic Development Division Form J - LOT RELEASE The undersigned being a majority of the Planning Board of the Town of North Andover, MA hereby certify that the requirements for work on the ground called for by the Conditional Approval dated March 17,2016 and registered In Essex North Land Registry District as Document No, 114182,and noted on Certificate of Title No.16 52 have been completed to the satisfaction of the Planning Board as to the following enumerated lots shown on Plan entitled°Deli itive Sub Plan for Place In North Andover. MA"filed In land Court Case No. 16372 end being a division of Lot S ur1 35 shown on Land Court Plan 16372-J creating Lots 36-39,which Plan Is registered in said Land Registry District as Plan No, 16372- ,and �sald tots arp released from the restrictions as to sale. Lots designated on said Plan as follows: Lot V of 38 and Lot 39. Thls Form J—Lot Release Intending to be a certificate of performance to release said Lot 37 Lot 30 andLot 39 from restrictions as set forth in that certain Form I-Covenant registered In said Land Registry District as Document No. 1114180. and noted on Certificate of Title No.160521) (To be attested by a Registered Land Surveyor); I hereby certify that lots numbered 3 38 and 39 at"Rudick Place"in North Andover, MA and which Lots are fronting on Great Pond Road and Rudick Place conform to layout as shown on Definitive Plan entitled"Definitive Subdivision Plan for_Rudlek Place In No h Andover. MA"and which Plan is registered in said Land Registry District as Plan No. 1. 6372-K. Registered Land rveyor OF, Majority.,of oard of North Andover M€CHA L � J. e o i' No.3319'i ' t O STIR r COMMONWEALTH of MASSACHUSETTS ESSEX SS Date Then personally appeared the above-named and acknowledged the foregoing Instrument to be h€slher tree act and deed before me. Ij M"IES Notary Pu pki111CIx`bF iK n�f�l fS1LfiLIrr�,dh31t,ShCHIiSET1S My ConunlSsion Exphes C Vi..J _. Page 1 of 2 120 Main Street North Andover,Massachusetts 01845 Phone 978,688.9535 Fax 978.688.9642 Web m.northandoverma. ov I Cr. r �lfrae� �. " LAND COURT, BOSTON. The land herein will he shown on Dvc; 114 P I SO 06-28-2016 2204 our approved Ian to follow as of NaATFr sex north Land Court Resistre k AO Plan KLots?�6L9.738434 4 " (EXAMINED AS DESCRIPTION ONLY) T.G. PONTSRIAND Sty .A94G CHIEF ENGINEER PLANNING DEPARTMENT Community Development Division Form Z - COVENANTZ= KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned has submitted an application,dated,September 17L 2014 to the North Andover Planning Board for approval of a Definitive Plan of a certain subdivision bearing the name of Rudf Pia , and has requested that the Board approve such plan without requiring a performance bond, THIS AGREEMENT WITNESSED THAT,for the consideration that the North Andover Planning Board waive the aforesaid requirement fora bond, the undersigned covenants and agrees with the Town of North Andover as follows, 9. The undersigned will not sell any lot until the work on the ground necessary to serve such lot adequately has been completed In the manner required In the aforesaid application, and In accordance with the covenants,conditions and agreements thereof, (except for the following particular items of worst, the performance of which shall be exempt from the conditions of this contract); 2.The undersigned agrees to record this agreement in Essex North Registry District of the Land Court as required by the Rules and Regulations of the North Andover Planning Board, 3.The undersigned agrees that this contract shall be binding upon hisfher heirs,executors,and administrators, and particularly upon any grantees of the undersigned. It is the Intention of the undersigned, and It Is hereby understood and agreed,that this contract shall constitute a covenant running with the land. Lots within the subdivision shall respectively be released from the foregoing conditions Hereof upon the recording of a certificate of performance executed by a majority of said Planning Board which certificate shall enumerate the specific lots to be so released. There are no mortgages of record or otherwise on any of the land in the aforesaid subdivision except as described below and the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. {tx+ov4ass,Y2} Page I of 3 1600 Osgood Street,North Andover,81d9.20,Suite 2-36 Planning Dept.,Alassochusetts 01845 Phone 978.688.9535 Fox 918,608.9542 ft www,towoofoorlhandover.com :l IN WITNESS WHREOF,the undersigned,applicant as aforesaid,does hereunto set his/her hand and seal this,1, .1day of May, 2016• PR Investments, LLC (Co-Owner) MR Investments, LLC(Co-Owner) WV� � SY, BY: Pamella E. Rudick, Manager Marc E, Rudick, Manager Hereunto duly authorized Hereunto duly authorized COMMONWEALTH OF MASSACHUSETTS Essex County,ss, On this 0day of hLay, 2016, before me,the undersigned notary public, personally appeared Pamella E. Rudick,as the duly authorized Manager of PR Investments, LLC, proved to me through satisfactory evidence of identification,which was [a current driver's license] [a current U.S, passport] [my personal knowledge],to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed as duly authorized Manager of PR Investments, LLC, nA Notary P Ilc _ __ My Comm lion ex re �owA�a p© Noiary Publio COMMONWEALTH OF MASSACHUSETTS COMM Comm s OFMASSAGW Essex County,ss, December 9, 2022 On this day of M,2016,before me,the undersigned notary public, personally appeared MarcRudick as the dui authorized Manager of MR Investments, PPe y g m nts, LLC,proved to me through satisfactory evidence of identification,which was [a current driver's license] [a current U.S. passport] [my personal knowledge],to be the person whose name Is signed on the preceding Instrument and acknowledged the foregoing Instrument to be his or her free act an deed and the free act and deed as duly authorized Manager of MR Investments, LLC. Notary Pu is My commis Join expires: 4. H01�A BE tGER uy Publlu CQ IIf.�NWFAIfN( IIASRF+ AE173 My Commission Expires December 8, 2022 (oM83902) Pape 2 of 3 1600 Osgood Street,North Andover,Btdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fox 978,688.9542 Web www.townofoorthandUerxam I Descriptlon of Mortgages(Give complete names and Registry of Deeds reference); 1 Mo a e f om P investments LLC and MR investments LC to Fain ham instltufion for j Saw; dated Fehrua 23 2015 filed herewith as Docu ent No. 11 467 noted on Certificate of Title No.1606 Assent of Mortgagee: HINGHAM INSTITUTION FOR S GS By: N e: PA►^ci.Ulr� GRvGH��.► i Title: Gn ��, •v1 c�4 C t�.d' t6aG�-�' a MMONWEALTH OF MASSACHUSETTS ss. On this Lnay of Yh, , 2016, before me, the undersigned notarypublic, personally appeared tte-v p of Hingham Institution r Savins, who proved to me through satisfactory evidence of identification, which was a driver's license,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that helshe signed It voluntarily for its stated purpose, acting In such capac4, Q qr4 1 Notary Public � My Commission Expires: IgPAULA MARIE KERIttAN Natery Publl¢ Masssehuselts Cammission Expires Apr 14,2017 {ann9,as�,,a} Page 3 of 3 1600 Osgood Street,North Andover,8idg.20,Suite 2-36 Planning Rapt.,Massachusetts 01845 Phone 978.688.9535 fax 978.688.9542 Web www.townofoorthaiidover.com '� Essex north Land Court Resistrs , p k P i o � LAND COURT, BpSTON. The land 0oa: 1 14 s JL$S 06-28 -2016 2:04 hemf�tvlif be shown on Essex North land Court Ragistrj our approved lat to follow as iygowo �o JUN 2 3 2016 Plan IC3?Y K Lot 5 37 3 (EXAMINED AS DESCRIPTION ONLY) T.C. PONTBRIAND WNG CHIEF ENGINEER �Jac�; 714� DRAINAGE EASEMENT w u. Nor E SI-#o�►.► 0 `ma's Sra naF ge Eaassement is made this day of iVlay, 2016,by the undersigned PR INVESTMENTS LLC("PR LLC'), a Maryland limited liability company with an address c/o Mark E. Rudick, 1046 Great Pond Road,North Andover,Massachusetts 01845,and MR INVESTMENTS LLC("MR LLC"),a Maryland limited liability company with an address c/o Mark E. Rudick, 1046 Great Pond Road,North Andover, Massachusetts 01845(collectively,PR LLC and MR LLC are referred to as the "Granto to and in favor of the inhabitants of the Town of North Andover,acting by and through its Board of Selectmen, 120 Main Street,North Andover,Massachusetts 01845 (the"Grantee"}. RECITALS: A. The Grantors are the current owners of that certain parcel of land situated in North Andover,Essex County,Massachusetts,commonly known as 1046 Great Pond Road,and being shown as Lot 35 on Plan 163724,by virtue of a deed filed with the land records of the Essex North Land Court Registry as Document No. 98,005,on April 7, 2009,with reference to Certificate No. 16052 (the"Pro B. The Property is being subdivided pursuant to that certain plan entitled "Definitive Subdivision flan, for Rudick Place, located in North Andover,Mass., Applicant&Record Owner: PR Investments, LLC and MR Investments, LLC, 1046 Great Pond Road,North Andover,Mass.,prepared by CSI Professional Engineers & Land Surveyors, Christiansen& Sergi,Inc., 160 Summer Street,Haverhill, Massachusetts 01830,Dated: 9/16/14 and last revised 3/14/15" and filed or to be filed with the land records of the Essex North Land Court Registry as Plan 16372-K(the "S bdivision Plan' C. The Grantors intend to develop the property shown on the Subdivision Plan and to construct,modify or maintain curtain drainage facilities on,under and within the Property as shown on the Subdivision Plan,including without limitation on,under and within portions of Lot 37 and Lot 38 as shown on the Subdivision Plans and on such portions of said Lot 37 and Lot 38 as are fieher depicted and shown as"Limits of Drainage Easement for the Benefit of the Town of North Andover"on the sketch plan attached hereto as Exhibit AA(the"Easement Area"). D. The Grantors now desire to grant a drainage easement(the"Drainaue Easement")on,under and within the Easement Area,in favor of the Town of North Andover,upon the terms and scope as hereinafter set forth. (00492127;v2) NOW THEREFORE,in consideration of Ten Dollars($10.00)paid,the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,and intending to be legally bound hereby, the Grantors hereby grant this Easement in;favor of the Grantee as follows: The Grantee is hereby granted and shall have the perpetual rights and easements to construct,inspect,repair,remove,replace,operate and forever maintain,within the Basement Area,underground sewers,manholes,pipes,conduits, covered surfaces, ground water drains,underground drainage detention systems and other appurtenances and facilities necessary for storage,removal, conveyance'and discharge of water, including storm water or ground water and including water from underground detention systems, all as may hereafter be constructed or installed, if at all, and to do all acts incidental to the foregoing,so as to maintain the drainage facilities in good operating order and condition, consistent and in accordance with and as shown in the Subdivision Plan.This easement is granted with the right,but without the obligation,to construct and repair any such drainage utilities and facilities. Without limitation to the forgoing,it is intended hereby that the Town shall have a non- exclusive twenty-five foot(25')wide easement which provides the,Town with the right, but not the obligation,to maintain,repair and replace,and with access to and egress from: the existing catch basin on the westerly side of Great Pond Road at 1046 Great Pond Road, the existing drain pipe leaving said catch basin,and the existing manhole structure said drain pipe flows to(said manhole is currently located in the front yard of 1046 Great Pond Road and is shown as"DMH##1"on the Plan,) This easement is granted with the perpetual right and easement from time to time, without payment,of the above named Grantee,its employees, agents, successors and assigns,to pass and re-pass over, across and upon the Property as is reasonable and necessary in order to repair,remove,maintain, operate and patrol said drainage systems, including to make,upon reasonable notice to the Grantors,or their successors in title, such excavation or clearings as may be reasonably necessary in the opinion and judgment of the Grantee,its successors and assigns,for the care and maintenance of said Easement Area,provided however,that any area excavated shall be reasonably restored to its former condition upon snaking any such excavation. The easement as granted herein shall run with the land and shall be binding upon and inure to the benefit of the Grantors and Grantee and their respective successors and assigns, For title of Grantors see deed filed with the land records of the Essex North Land Court Registry as Document No. 98,005,on April 7,2009,with reference to Certificate No. 16052. {00092127;v2} IN WITNESS WHEREOF,the undersigned have caused this document to be executed under seal as of this 1,29R`day of May,2016. PR INVESTMENTS LLC By: Pamelia E. Rudick,Manager MR INVESTMENTS LLC :BY Marc E. Rudick,Manager COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On this � day of May, 2016, before me, the undersigned notary public, personally appeared Pamelia E. Rudick, proved to me through satisfactory evidence of identification,which was a Massachusetts Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose, as the Manager of PR INVESTMENTS LLC, a Maryland limited liability company. ot i1c y C fission Expires: HOWARD M. BERGf~R NOtAry public WWONwrAl n1 OF MAssACWWM MY commission Expires COMMONWEALTH OF MASSAC14USETTS [Cuft December 9, 2022 ESSEX,SS On this W day of May, 2016, before me, the undersigned notary public, personally appeared Marc E. Rudick, proved to me through satisfactory evidence of identification,which was a Massachusetts Driver's License,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as the Manager of MR INVESTMENTS LLC, a Maryland limited liability company. Nokw Public My Ommission HOWARD M. 13ERGER Hdtary Public carMy Commission s ivussA pares is My Commiselon Expires (00092127;v2) December 9, 2022 ACCEPTANCE BY TOWN OF NORTH ANDOVER, BOARD OFF SELECTMEN The Town of North Andover, Massachus acting by and through its Board of Selectmen.,accepts the foregoing conveyance to sal wn. acy ` .Watson, Chair eColog os ed' e onald Stewart Richard Vaillancourt COMMONWEALTH OF MASSACHUSETTS ESSEX, SS on this a?a day of May, 2016, before me, the undersigned notary public, personally appeared Tracy M. Watson, Phil DeCologero, Rosemary Smeddiile, Donald Stewart and Richard Vaillancourt, each proved to me through satisfactory evidence of identification,which was a Massachusetts Driver's License,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she/he each signed it voluntarily for its stated purpose, acting in her/his capacity as a Selectman for the Town of North Andover. Notary ubli My Comn-issio Ex arcs: LAURIE A. gUAZLAF F Notory Public CgMMONWEAEAITH OF MA58ACIM15ETT8 My Commission Expires oclobor 2, 2020 (00092127;v2) EXHIBIT Sketch Plan of Easement Area See Plan Attached Hereto as Described Below Plan Title: Proposed Drainage Easement for Benefit of the Town of North Andover in"Rudick Place"in North Andover,MA. Prepared By. CST Professional Engineers&Land Surveyors, CMstiansen& Sergi, Inc., 160 Summer Street,Haverhill,Massachusetts 01830 Record Owner: PR INVESTMENTS LLC&MR INVESTMENTS LLC, 1046 Great Pond Road,North Andover,MA 01845 {00092127;v2} GR�9T PROFESSIONAL ENGINEERS&LAND SURVEYORS c5r Potio,� CHRISTIANSEN& SERGI, INC. 160 SUMMER STREET, HAVERHILL,MASSACHUSETTS 01030 N WWW.CSI•ENRR.COM TEL.976473-0310 FAX.978.372-3960 LOCUS 02014 C14RISTIANSEN G SERGI,INC. RECORD OWNER: QODHICHE:WICK PR INVESTMENTS LLC 8- MR INVESTMENTS LLC 1046 GREAT POND ROAD NORTH ANDOVER,MA 01646 WlN7Eit Sr. to 00 �t ol LIMITS OF DRAINAGE ,, S02 6V4VW EASEMENT FOR THE OF THE 263,77 atl .�l NONRTH ANDOVER EFIT OWN OF LOT 3T g I L LOT 39 OT 36 HOUSE 1 ♦` '' two STORY" ` raavEwusE i i PROPOSED DRAINAGE EASEMENT FOR BENEFIT OF THE TOWN OF NORTH ANDOVER 1N "RU ICK PaLACE" 1N NORTH ANDOVER, MA. 14dD9007 i S Essex Hwth Lad ' R9I P i i LAND COURT, BOSTON, The land herein 4ov.Ae will be shown an our appro20TO Ian to follow as R Tv JUN 2 3 2016 DGC:z 1.1.4 r 1.84• 06-28-2016 2=04 Plan_ K Later 36,137.38437 Essex North land court Registry (EXAMINED AS DESCRIPTION ONLY) T.C. PONTBRIAND -AG;HdG CHIEF ENGINEER -JAI Declaration of Restrictive Covenants This Declaration of Restrictive Covenants(this"Covenant")is made as of the day of May,2016 by the undersigned PR INVESTMENTS LLC("PR LLC"},a Maryland limited liability company with an address c/o Mark E. Rudick, 1046 Great Pond Road,North Andover,Massachusetts 01845, and MR INVESTMENTS LLC("MR a Maryland limited liability company with an address c/o Mark E. Rudick, 1046 Great Pond Road,North Andover, Massachusetts 01845 (collectively,PR LLC and MR LLC are referred to herein as the"Declarant"),for the benefit of the inhabitants of the Town of North Andover(the"Town"),acting by and through its Planning Board(the "Planning Board") and having a mailing address at 1600 Osgood Street North Andover, Massachusetts,and for the benefit of all future owners of the Property(as defined below.) WHEREAS,the Declarant is the owner of certain property(the"Propert commonly known as 1046 Great Pond Road, and being shown as Lot 35 on Plan 16372-J, by virtue of a deed filed with the land records of the Essex North Land Court Registry as Document No. 98,005,on April 7,2009,with reference to Certificate No. 16052. WHEREAS,the Planning Board has issued a Notice of Decision for the Approval of a Definitive Subdivision dated March 17,2015 (the"Subdivision Approval")pursuant to Section 5.6 of North Andover Subdivision Rules and Regulations,and in connection therewith has also issued a Notice of Decision for the Approval of a Watershed Special Permit dated March 17,2015 (the"Special Pq mit')(collectively,the Subdivision Approval and Special Permit are hereinafter sometimes referred to as the"Approvals'). WHEREAS,the Property, as contemplated by the Approvals,is being subdivided into three(3)lots and a private roadway(collectively,the"Lots")which are shown as Lot 36("Lot 36"), Lot 37("Lat 37"), Lot 38 ("Lot 38"), and Lot 39 or Proposed Road(the "Roadway"),on a plan(the"Plan")entitled"Definitive Subdivision Plan,for Ruduck Place, located in North Andover,Mass.,Applicant&Record Owner: PR Investments, LLC and MR Investments, LLC, 1046 Great Pond Road,North Andover, Mass.,prepared by CSI Professional Engineers&Land Surveyors, Christiansen&Sergi, Inc., 160 Summer Street,Haverhill,Massachusetts 0 183 0,Dated, 9/16/14 and last revised 3/14/15" and filed or to be filed with the land records of the Essex North Land Court Registry as Plan 16372-K. (00092245;v5) Page I of 6 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 Approvals and Plan. 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 themselves, their successors and assigns,do 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. Excepting for the division of the Property by way of the creation of the Roadway and the subdivision of Lot 36,Lot 37 and Lot 38 as is described in the Subdivision Approval and as shown on the Plan,there shall be no further division or subdivision of any part or portion of the Property or of any part or portion of said Roadway, Lot 36, Lot 37 or Lot 3 8. 2. The fee in the Roadway shall be conveyed together with and appurtenant to Lot 38, such that the Roadway shall be forever owned by the respective owner from time to time of Lot 38. The Roadway shall be a private way and it shall never be accepted as a public road and it shall never be maintained by the Town. Further,the roadway layout in Lot 39 shall not be paved or otherwise constructed beyond the limits of pavement as shown on the Plan. 3. The owner of each of Lot, with respect to any portion of such owner's Lot which includes an area depicted on the Plan or referenced in the Approvals as a"Biofiltration Area,"shall maintain such"Biofiltration Area"as a grassed area, shall maintain the grades of such"Biofiltration Areas"as depicted on the Plan and as described in the Approvals,and shall prohibit stockpiling of soils, snow or other materials in such "Biofiltration Areas"in any manner which could impede the flow into, and functioning of, any stormwater facilities on the Property. 4. The owner of each of Lot shall be responsible to maintain,repair and replace the stormwater drainage structures, facilities, catch basins,level spreaders and other drainage improvements as may be located on such owner's respective Lot, as is described in and in accordance with and pursuant to the Approvals and as shown on the Plan. 5. Any fertilizers used for landscaping and lawn care on the Property shall be organic or slow release,low-nitrogen types(<S%) and phosphorus-free;pesticides and herbicides shall not be used within one hundred feet(1001)of wetland resource area on the Property; and the use of coal tar-based pavement sealants on the Property is expressly prohibited. 6. The Declarant agrees to file this Covenant with the Northern Essex County District Registry District of the Land Court, and to forward recorded copies of this Covenant to the Planning Board within thirty(30) days of recording. {00092245,v5} Page 2 of 6 . I 7. This Covenant shall be binding upon and inure to the benefit of the owner of each of Lot 36, Lot 37,Lot 38 and the Roadway, 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 this Covenant shall be incorporated by reference into and shall be referenced in the future deeds for such Property. 8. This covenant shall also be and is for the benefit of the Town, its successors and assigns. 9. This Covenant shall run with the Property in perpetuity from the date of filing with the Northern Essex County District Registry District of the Land Court 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, mortgages, 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 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 Deelarant 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. 10. This Covenant shall not be modified, amended, changed, or terminated or waived without the consent of the Declarant(or Declarant's successors in title)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 Town, 11. 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 areas of the Property restricted by this Covenant in a reasonable manner and at reasonable times, for the purposes of(i) inspecting the Property to determine compliance with this Covenant; (ii) enforcing this 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 100092245;v5} Page 3 of 6 1 , I such party or parties and the Town shall recover its attorney's fees and costs in any action of enforcement. 12. The Declarant and each of the owners of Lots on the flan (and their heirs, successors and assigns in interest)shall hold harmless,defend and indemnify the Town of North Andover and its employees and agents from any responsibility, liability and claim arising out of or related to the obligations of the Declarant, the Owners of the Lots, and their successors and assigns pursuant to this Covenant. The Town of North Andover shall at no time have any responsibility or liability for the maintenance and operation of the above referenced systems, structures, swales, catch basins or facilities. The Town of North Andover shall not have any responsibility or liability for the way shown as Lot 39 or Proposed Road on said plan. In the event that the Declarant, the Owners of the Lots E 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 the Lots (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 The Declarant, the Lot Owners, and their heirs, successors, and assigns hereby consent to the Town of North Andover having the right after thirty days written notice to place a lien upon their property for all such reimbursement expenditures unless within such thirty day period the parties have either reached an agreement regarding such reimbursement or the Declarant or Lot Owners have obtained injunctive relief from a court of competent jurisdiction enjoining the placement of such lien. There is hereby granted to the Inhabitants of the Town of North Andover, an easement over the drainage easement areas and the Proposed Road as shown on said plan to perform such work as described herein if necessary; however, all financial responsibility for any such repairs and maintenance shall be solely that of the Declarant, the Lot Owners, and their successors and assigns. 13. 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, 14. 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. (DOM245;0) Page 4 of 6 I r i i I 15. 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 Covenant and shall incorporate this 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 fight to use the Property or any portion thereof is conveyed. Any such deed purporting to convey any portion of the Property or interest therein without including this Covenant in full or by reference shall be deemed and taken to include said Covenant in full even though said Covenant is not expressly described or referenced therein. 16. 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 or filed with the appropriate Registry of Deeds and/or Land Registration Office. 17. Nothing herein shall be deemed to prohibit a conveyance subject to this Covenant of all or any interest in the Property. 18, Each party represents and warrants to the other that it has the right,power and authority to enter into and perform its obligations under this Agreement and that it is duly established or organized, validly existing and authorized to do business under the laws of the Commonwealth of Massachusetts. Each party agrees to maintain such right,power, authority and authorization. IN WITNESS WHEREOF,the undersigned have caused this document to be executed under seal as of this n1JA day of May, 2016. VTM PR INVESTMENTS LLC By. Pamelia E. Rudick,Manager MR INVESTMENTS LLC oiGc+h... By. Marc E. Rudick,Manager (0002245;Y5) Page S of 6 I , y P COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On this day of May, 2016, before me, the undersigned notary public, personalty appeTAnamelia E. Rudick, proved to me through satisfactory evidence of identification,which was a Massachusetts Driver's License,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose, as the Manager of PR INVESTMENTS LLC, a Maryland limited liability company. Not Pu lic My 0imission Expires: [0t:HOWARD M. BUR]ER' Notary Public WM% COMMONWEALTH s on Expires COMMONWEALTH OF MASSACHUSETTS My Commiealon ExpDecember 9, 202 ESSEX, SS On this 'day of May, 2016, before me, the undersigned notary public, personally appeared Marc E. Rudick, proved to me through satisfactory evidence of identification, which was a Massachusetts Driver's License,to be the person whose name is signed on,the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as the Manager of MR INVESTMENTS LLC, a Maryland limited liability company. No Public My Commission Expires: HOWAAD BERQER Notary Public }�C?VVRii") yl. k]EF3GI� COASMONWEALTHOFMASSACHIMM Not0y Public My Commission explree �r Cp�{h-• �� i{OFM�SSACn�,;«CfS December $. 2022 +i My Q. . 0; Ion Evolres Dov {00092245;v5} Page 6 of 6 , ACCEPTANCE BY TOWN OF NORTH ANDOVER BOARD OF SELECTMEN The Town of North Andover, Massachuse acting by and through its Board of Selectmen,accepts the foregoing conveyance to sai wn. acy ' . Watson,Chair eColog *080 '-15e onald Stewart Richard Vaillancourt COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On this �2 D day of May, 2016, before me, the undersigned notary public, personally appeared Tracy M. Watson, Phil DeCologero, Rosemary Smedile, Donald Stewart and Richard Vaillancourt, each proved to me through satisfactory evidence of identification,which was a Massachusetts Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she/he each signed it voluntarily for its stated purpose, acting in her/his capacity as a Selectman for the Town of North Andover, r Notary Vubli My Commissio Ex u'es: LAURIE A. BURZLAFF Notary public CtlMAIbNWEALti1 6P AIA68RCHU8Errt8 My Commtselon Expires lt October 2, 2020 (00042127;v2) 2204 Essex Rwth Land Court Resistrs E L n I LAND COURT, BOSTON, The land herein will be shown on our approved Ian to follow as Do c z 114 s 181 06-28---2016 2"04 Essex North Lood Couvt Resistrs JUN 2 3 2016 NoRrk Q�4Yaro Plan i272 KI_ol5-t.8 4- .0� (EXAMINED AS DESCRIPTION ONLY) T.C. PONTBRIAND ' ARM CHIEF ENGINEER CHU PLANNING DEPARTMENT Community Development Division Form M— CONVEYANCE OF EASEMENTS AND UTILITIES PR Investments, LLC and MR Investments, LLC, both Maryland limited liability companies qualified to do business in Massachusetts, with an address at 1046 Great Pond Road, North Andover, Massachusetts 01845(collectively referred to as the "Grantors") for the consideration of the Planning Board's issuance of a Declsion on the Approval of a Definitive Subdivision Plan, dated March 17, 2015, hereby grants, transfers and deliver unto the Town of North Andover, a municipal corporation In Essex County, the following: A. 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 Lot 39 depicted as "Proposed Road" ("Proposed Road") and upon any of the Drainage Easement areas (the "Drainage Easement Areas") as depicted on the subdivision plan entitled "Definitive Subdivision Plan, for Rudicic Place, located in North Andover, Mass., Applicant & Record Owner: PR Investments, LLC and MR Investments, LLC, 1046 Great Pond Road, North Andover, Mass., prepared by CSI Professional Engineers & Land Surveyors, Christiansen & Sergi, Inc., 160 Summer Street, Haverhill, Massachusetts 01830, Dated: 9/16/14 and revised 3/14/15" (the "Subdivision Plan") filed with the Essex North District of the Land Court as Plan 16372-K and recorded with the Essex North Registry District as Plan No, 1 ��!S , said Subdivision Plan is referenced and Incorporated herein for a complete and detailed description of said Proposed Road and of said Drainage Easement Areas. (aoavoats, } Page 1 1600 Osgood Street,North Andover,Bldg,20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 918,508.9535 fax 978.688.9542 Web www,Awnofnorthandover,com Edited 8t1/07 1 x B. The perpetual rights and easements to use for the conveyance of water, i sewerage, groundwater and stormwater associated with residential uses for the following parcel of land situated on the way known as Proposed Road and the Drainage Easement Areas as defined herein above in said Town of North Andover depicted on the Subdivision Plan. The Grantors warrant that the aforesaid easements are free and clear of all liens or encumbrances, that Grantors have good title to transfer the same, and that the Grantors will defend the same against claims of all persons. For Grantors' title see deeds as follows (i)for Grantor's title see deed recorded with the Essex North Registry of the Land Court as Document No. 98005, noted on Certificate No. 16062. To be completed if a mortgage exists: And Hingham Institution for Savings, the present holder of a mortgage on the above described land, which mortgage is dated February 23, 2015, and recorded in said Registry District of the Land Court as Document No. 111467, noted on Certificate No. 16052, for consideration paid, hereby releases unto the Town forever from the operation of said mortgages, the rights and easements herein above granted and assents thereto. Hingham Institution for Savings By: NgWg. VNWNc-Y,o A UG ktes'.s Title: Being an Authorized signature of Mortgage Owner {aoosos�9,, } Page 2 1600 Osgood Street,North Andover,Bldg,20,Suite 2-36 PlenZg Dept.,Massachusetts 01845 Phone 978.688,9535 Fax 978.608,9542 Web www-lowooloorlhandoversom Edited 8/1/01 L r i 12 4 IN WITNESS WHEREOF we have hereto set our hands and seal this f �ay of May, 2016. MR Investments, LLC fi e Marc E. Rudick Its: Manager, duly authorized. PR Investments, LLC Pamelia E. Rudick Its: Manager, duly authorized COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of May, 2016, before me, the undersigned notary public, personally appeared Mark E. Rudick, as Manager of MR Investments, LLC, who proved to me through satisfactory evidence of identification, which was a driver's license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed It voluntarily for its stated purpose, acting in such capacity. Notary Public My I fiowARD M. BERGER Notary Public COMMONWEALTH OF MASSACHUSETTS °dMMOWWRQF MUM My Commisblo t Expires Essex, ss. December 8, 2022 On this01appeared day of May, 2016, before me, the undersigned notary public, person Pamella E. Rudick, as Manager of PR Investments, LLC, who proved to me through satisfactory evidence of identification, which was a driver's license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed It voluntarily for its stated purpose, acting In such capacity. HOWARD M. BERGER Notary Public OOMMORWECTMOF" "'CHUMM Notary Public My Commission Expires ry December 9, 2022 My Commission Expires: {©oo�aa�s:rx) Page 3 1600 Osgood Street,North Andover,81dg.20,Suite 2.36 Planning Dept.,Massachusetts 01845 Phone 918.608.9535 Fax 970.688.9542 Web www.tgwnofnQtfbandover.com Edited 8/1/07 ACCEPTANCE By TOWN OF NORTH AN]DOVER BOARD OF SELECTMEN The Town of North Andover, Massachuse ace"the foregoing Selectmen, conveyance to sal Wn. acy Watson, Chair coolog *0Se?j -�;onald Stewart eRichard ded1lancourt COMMONWEALTH OF MASSACHUSETrs ESSEX, SS -7 W n. On this v2 0 day o' Nf*' 2016 before me, the undersigned notary public, Personally appeared Tracy M. Watson, Phil DeCologero, Rosemary Smedile, Donald Stewart and Richard Vafllancourt, each proved to me through satisfactory evidence of identification, which was a Massachusetts Driver's License,to be the person whose name is signed on the ,preceding or attached document, and acknowledged to me that she/he each signed it voluntarily for its stated purpose, acting her capacity s Selectman for the Town of North Andover, in her/his tY a a tman Notary ubli My Commissio x Ires: LAURTI F A. SURZLAF Notary Public CGAIMMWEAUM OF MMSACHUSETyS My Commission Expires Oclober 2, 2020 (00092127,v2) Essex Hooth Land Cwt Res istrs t . i t . J