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2002-12-27 Legal Documents DEF SUB
i Declaration of Restrictive Covenant This Declaration of Restrictive Covenant(this"Covenant")is made as of the 2 5 day of A P K l t _,2011 by the undersigned CARTER FIELDS LLC, a Massachusetts limited liability company,with an address at 115 Carter Field Road,North Andover,Massachusetts,01845 (the"Declarant"),for the benefit 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 "Town"). WHEREAS,the Declarant is the current owner of certain land commonly known as the"Village Green,"located within the Carter Field Subdivision,situated In North Andover, Essex County,Massachusetts,and being shown and depicted as"VILLAGE b GREEN OPEN SPACE LAND,44,091 Sq.Ft., 1.012 Ac.+1--"on a plan entitled,"Street Layout Plan,Carter Fields Subdivision,Prepared for Tara Leigh Development, LLC,by MHF Design Consultants, Inc.,Dated:March 14,2011"and recorded with Essex County Z Northem District Registry of Deeds herewith as Plan No. 'S D X . (the"Pro rt "). WHEREAS,the Town of North Andover,acting by and through its Planning Board, issued a Decision for the Approval of a Definitive Subdivision Plan for the Cartier Fields Subdivision(the"Subdivision Approval")which contemplated that the Property would be open space and would not be developed as a buildable lot upon which a residential structure would be constructed. U t'a WHEREAS,the Town and the Declarant are in the process of dedicating and conveying the fee interest in the subdivision roadway and certain open space in the Carter Fields Subdivision to and in favor of the Town for public use. m id Cd WHERAS,the Town and the Declarant desire for the Declarant to retain the fee interest in the Property but to memorialize certain restrictive covenants concerning such Property as further described herein. NOW,THEREFORE,in consideration of the foregoing premises and for other good and valuable consideration,the receipt of which is hereby acknowledged,the Declarant,for itself,its successors and assigns,does hereby forever covenant and agree, for the benefit of the Town, acting through its Board of Selectmen, as follows: (000265s2;v2) Page 1 of 3 I h Bk 12546 Pg25 #15942 1 1. The Property is and shall be maintained as open space;meaning and intending that the Property shall not be developed as a buildable lot upon which a residential structure could be constructed. 2. The Declarant agrees to record this Covenant with the Northern Essex County District Registry of Deeds,and to forward recorded copies of this Covenant to the Town within thirty(30)days of recording. 3. This Covenant shall be binding upon and inure to the benefit of each and all of the owners of Lots in the Carter Fields Subdivision,the Declarant,and any successors in interest to the said Lots or 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 the Property. 4. This covenant shall also be and is for the benefit of the Town, its successors and assigns, and shall be enforceable in perpetuity or for the longest period allowed by law and in any event no less than ninety-nine (99) years. Declarant, its successors and assigns,will execute and record any instruments necessary to extend this Covenant, in perpetuity, and the Town may, as a benefited party, also execute and record any such instruments, if necessary. 5. Notwithstanding that it is a benefited parry under this Covenant, the Town shall have no duty or obligation to maintain the Property. The Declarant, its successors and assigns, in capacity as owner of the Property and subject to ordinary rights and obligations of ownership,shall be responsible for maintenance thereof. 6. Nothing herein shall be deemed to prohibit a conveyance subject to this Covenant of all or any interest in the Property. IN WITNESS WHEREOF, the undersigned has caused this document to be executed under seal as of this 2 c day of 3 V ,2011. CARTER FIELDS LLC By: Witness omas D. Zahoruiko,Manager N touozessz,�2} Page 2 of 3 Bk 12546 Pg26 #15942 3 i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS fL On this -26- day of p f(r 2011, before me, the undersigned notary 9 public, personally appeared Thomas D. Zahoruiko, proved to one 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 CARTER FIELDS LLC,a Massachusetts limited liability company. Notary Public My Commission Expires: BRIA NM•P UGHAN blic commmW*011h of manadwsm My Commission Expim July 7,2011 {OW26552,v2) Page 3 of 3 FOR REC[STY lFSE WNmtlwpMMwp m OgR7'&R FIELD t20hD pm Je xlxsx•4ty + 5x fl 5s\ �5 I L 5 5 5\ 5� ti I 1�5 51 mcrnfnr ru:'a5nlw pc OPEN SPACE LAND R J.e„b s I ! P 1 � F I OPEN SPACE LAND z!� r� C; •_ e l„os urecasr e' ,? J 1 .a �h x,rm�w w a'm .x u"'+'�•�•v.�•��'a••`iw,ca'�+axav�.� �! mis,u ar��t" �.c woc!'naw!wc o in:i!5.. s x��' rw•w,a•r.. tianu.' I ttn recoc aeavr m.iww.+u,ox lvxa�nul ar.M�1 `� :..ex• - p •ae ex5ial"`enl.v.a zewn i•-.o\w,¢�Naar a npx �,+ �a�,o I�i/nw�suo cmcc.r�na�z nrmrnr .rnr PW I wn.rpar i w �I CF,R7iTMCk.F�.�, -. xr amcn av°ctia.n ""'�A 1�^ ds,� � �� "{ �l in an�n«r n.c wntW,Jn.�w s.cw.•.c�x!r' u a or s"wr I.sc..�,N,o�.xivw�ic rwucr rvm= �i \ I :r i rranr.,nr r,r,awm.xp va,r arawra,a nc r�� .C""xo"'Jic rneeeepw.c..n+.ebNvy....nrme rzx,�e Ilr Js , J n Y l� !CFpW� � �iL�WN2 xfxx t�ilf NlAixrC�r�uptl G[�[ ce.ss' 4I.1�15 TOWN�C TOWN OFRT F VOH -�S�N�yT.a��_on i• { ... ._. yI 4tRC[L BMtW,Jn �.^a �• I m r.q Ip-� _ pntM mpM_� � 1• _ iirs��0' ��x.�... !ra ! BRADFORD ""'e•Jv w^:ryltl f leso:',�nr r!a :sZ •!!vk,., J �:.,a• STRiiET - r S pnaarmx a- �� STREET LAYOUT PLAN CARTER FMS SUBDIVISION wnJ•.Jr.a roe TARA LEIGH DEVELOY'MENT, LLC 1>,W.el�u rap"ptl wi!1M uioNsn,w�.txC Je"iY 0`bH v = e.•Iti pppxp.R In.enl E xm,r.m.. ccc cxr 1L5t R[,GISiilf USf Nbn 48 ux� � °t'res�e�J' 1 N/r i`..W}g04rv}ipq{NGRi�•�pxN•NN LOChTiDN��A`,6P � -______� --- --,__ _•,,.,Y TOWN------OF BOXFORD TO N 0W j F uORT$ ANDOVER �.. � P.m.c ;�Pc. •,Pia n¢' mam er_ �+ (I •r" �x oak �r I '�� jcaa ar. I t:d L mr° ` I Fi orb -Vr+ra6us. PCPC +') �„ +•e,r- _ ...1;=w';�� Conn FM,ROAD w�.vc- 1 - Clf M 1 I ( ,A•ry PREPEI?E_f+,' . anr.rrox rl,Nx.u,xw,xc 64:t9y. c n4em1 Yuri " [ ',Tuxx ORLPEN� C1xYC'.`+i•IIC 9ra-}I Nn,te WfL'Jit A.T ^GO:�A OPEN SPACE LAND vy ,cep - CL2YIF3CA?IONS: •,s } Y '�` I xc n c,a�,a o:i�x�:W:r+a."nn,IM- V 3 �' ",`yx n•iuPniN«P x�.xr nor°y'r""ue�e" V.�, -. 3 � I �.�,r.<-;u,�'r�wm�i�°ox r""'wl nr my"•v•u,J �Tyy ktnA.ax �r - - d � -�p+sxk P.n. n t MVP�',P - oa• •f 071 I a�nmcwo ym`"xiwuc:�iY`awA`Ya+sv'in�is N+Yaf4Tv r�x I �'raT:WwG vm,q bxn�wq PCWn1CM9 D,xi Sy � a•r.x• M • � nn of � nxargy \ .ewr,�m a r+' OPEN SPACE LAND. _a' I x�I.roa.awn wmmwr.ewP.ic•= W Iw,w:pan � '�? a.yl...r. � 9 'AA or x`'�•' O I _ wrv�.."a'�„ vR 2nrs x•xv.NUV. "��` � � �- Z I � - U Cry E€I - w OPEN SPACE LAND > " SC M LAYOUT PLAX O O I .7 CARTER FIELDS S=IVISION xcxu na< C - TARA LETCIi DEVEIAPMENT,LLC 4 vflvTlni //1 t� L�:- � �p�� link a'uq'm.Yxuv�'cttsS�T['+OVPw Ell bi.+0' 9� R~� y-.N I -.w....eG.•:.:5:�.. Nn.[K r.M h ,rvr r��_._ �.I]G.LO'1� � �T �n� 1 x0Y rn:LI_-•aMI.- ---------------- -------[�ayn'�fxngw urrPvrf. v CPAPH�4c,tLIE 'n, ..��`�.+e cl++xc ovum al t.x � Ix.m DEC.10.2002 3;45PM QUINN & MORRT5 NO.133 P.4i8 ..........._. s UNCORRECTED PROOF etc cammaRWeatto of maj�iacbujsetto JOURNAL OF THE HOUSE. MONDAY, DECEMBER 9, 2002. [131) DEC.10.2002 3:45PM QUINN & MORRIS NO.133 P.5i8 2296 I JOURNAL, OF THE HOUSE. Monday,December 9,2002, Met according to adjournment, at eleven o'clock A.M., in An Informal Session,with Mr, Varga of Gloucester In the Chair(having been appointed by the Speaker, under authority conferred by Rule 5, to perform the duties of the Chair). Prayer was offered by the Reverend Robert F. Quinn, C.S,P,, Chaplain of the House,as follows; r Prayar, Gracious dod, compassionate and forgiving, help us to keep our personal trgsz and faith in You strong and dynamic even during these unusual and uneasy times. We believe that You, Our Creator, watch over us at all times. Guide us as a nation to continue to make break-throughs iri technology, collect limitic$$ information Arid acquire exciting new knowledge. Teach-us to use these new bless- ings in a prudent, ethical and prodgative manner, Inspire us to be I thoughtful of others,kind to those in need,sympathetic to those who # have lost confidence in themselves, patient with those who try our patience And trustful to all who seek our advice and opinions. May ! we continue to serve You and follow Your ways as we carry out our daily routines. Grant Your blessings to the Speaker,the members and employees of this House and their families.Amen. plede of At the request of the Chair(Mr, Verga), the members, guests and ettosneo. employees joined with him in reciting the pledge of allegiance to the flag, Pafi�ton, Abandoned Mr. Greene of Billerica presented a petition (;subject to Joint Property. hula 12) of William G, Greene relative to abandoned propefty; and the same was referred,under Rule 24,to the committee on Rulbs, Papers from fire Senate. Nn%lo eta„�-- A Bill m4king edrreotive.changer: in ebyt* general and special i corrective laws (printed in Serrate, No, 2497) (on a communication from the Counsel to the Senate and the Counsel to the House of Representa- rives), passed to be engrossed by the Senate, was read; and it was referred, under Mule 33,to the committee on Ways and Means. i Bills Cohosset Atttharixing Cohasset Water Commissioners to serve In other town Water offices (Senate, No. 1872) (on House. No, 4151) [Local Approval eamnrt�elonara. Received); severe,r Relative to the retirement of certain employees of the city of Revere reurement• (Senate.No.2020)(on a petition)(Local Approval Received); davia Relative to the retirement allowance of David San Antonio(printed San Antonio,— as House.No,5004)(on a petition)(Local Approval'Received); roiirvmont, Soverally passed to be engrossed by this Senate,were read-,.and they :wefp referred,under Rule 7A,to the committee on.Steering,policy,and Scheduling, DEC.10,2002 3:46PM QUINN & MORRIS N0, 133 P.6/8 MONDAY, DECEMBER 9, 2002, 2297 Reports Of the Department of Public Health (under the provisions of Sec- correr�tion,l tions 5 and 20 of Chapter 11 l of the Ganeral Laws) relative to foc lltinn--- c� inspections of certain correctional facilities in the Commonwealth, imoPru, �r� aeverally were spread upon the records of the House,ns follows: Of the Dedham Alternative Center,in the town of Dedham;and Of the Norfolk County Correctional Center,in the town of Dedhgnn,, I! Severally returned to the Senate to be placed on file, 11 A petition (accompanied by bill, Senate, No. 209)of Pamela P. bfertborau�r Resor and Stephen P. LeDuc (with the approval of the mayor and ditto, city council)for legislation to allow an extension for the filing of tax bills in the city of Marlborough, came from the Senate referred, ?' under suspension of.)hint Rule 12,to the Senate committee on Rules. The House then concurred with the Senate in the suspension of said rule. Reports of Committees, �j Mr.Scaecie of Boston, for the committee on Rules, otti the Order route' Y relative to authorizing the committee,on Public service to make an lltowment. +{ Investigation and study of certain House documents concerning active and retired public employees (House, No, 4655)reported, in part, asking to be discharged from further consideration of the petl- (I? tion (accompanied by hill,,House, No. 4365) of Robert A. Del-op. Michael W. Morrissey and Kathi-Anne Reinstein relative to �! increasing the retiremaht allowance of certain former state police officers and metropolitan district police officers and rorom- mending that the same be recommitted to the committee on public Service. Under Rule 42, the report was considered forthwith; and it was accepted, By Mr. Greeno of Billerica, for the committee on Co»tmerce and vnemploymeot Labor, on a massage from Her Honor the Lieutenant-Governor. k s""� Acting Governor, s Sill relative to unemployment insurance rates (printed in House, No. 5370). Read, and referred.under Rule 33, to the committee on Ways and Means, Mr. Rogers of Norwood, for said committee, reported recom- manding that the bill ought to pass. Referred, under Rule 7A,to the committee on Steering,Policy and Scheduling. Mr. Kujawski of Webster, for said committee, reported that the matter be scheduled for consideration by the House. Under suspension of the rules,on motion of Mr.Donato of Med- ford,the bill was read a second time forthwith,and it was ordered to 1 a third reading. JJ� 1 Engrosser!Bills. j Engros$cd bills Relative to the Massachusetts veterans sholter in the city of Wor- 911111 ii tester(sea Senate,No,2150,amended);and a"°gee Designating,the Merrimack Valley Regional Transit Authority TransportadoA Center in tho city of Lawrence as the Senator Patricia McGovern Transportation Center(see Senate,No,2354); jl i4 3 BEC.10.2002 3:46PM QUINN & MORRIS N0. 133 P.7/8 j ' I 2298 JOURNAL OF THE HOUSE, (Which severally originated in the Senate); in raspeot to each of whiolt the Senate had concurred in adoption of the emergency preamble, were passed to be enacted; and they were signed by the acting Speaker and sent to the Senate. 1 Engrossed bills Bnts Relative to state highways in Barnstable County (see House, � ons4tod. No.4737,amended); Authorizing the town of Mendon to charge senior residents d reduced trash fee(see House,No.4757); Relative to certain firearm fees(see House,No, 5018); Relative to the effective date of certa€o civil service laws in the town of Plainville(see House,No.5244);and Authorizing the town of Winchester to borrow certain funds (soo House,No.5313), (Which severally originated in the 1-louse); Severally having bison certified by the Clerk to be rightly and truly prepared for final passage, were passed to be enacted; and they were signed by the acting Speaker and sent to the Senate. Orders of the Day. Third The Senate Bill relative to the plumbing inspector in the town of roodtng Marblehead (Senate, No. 2481), reported by the committee on Bills but' in the Third Reading to be correctly drawn, was read a third time; and it was passed to be engrossed, in concurrence. House bills Thlt•d Relative to fraudulent statements made in insurance applications roe (House,No.4707); WIN, Relative to infectious diseases(House.No,4925)(€%title having been changed by the committee on Bills in the Third Reading); Changing a part of the harbor line on the Merrimack River along the waterfront of the city of Haverhill (House,No.5081); Relative to the city charter of the city of Lawrence (House, No. 5179) (its title having been changed by the committee on Bills in the Third Reading);and Establishing a sick leavo bank for Colleen McDonald,an employee of the Trial Court of the Commonwealth(House,No.5353); Severally reported by the committee. on Bills in the Third Reading to be coisacily drawn, were read a third time;and they were passed to he engrossed. Severally sent to the Senate for concurrence, Boxrovd The House Bill changing the boundary line between Hoxford and and North Andover House,No.5345),reported the committee on ills North Andovor, in the 7bird Reading to be correctly drawn,was read a third time. pending the question on passing the bill to be engrossed,Mr.Torri of North Andover and other members of the House moved that it be amended by substitution of a bill with the same title (louse, No.5390), which was read. The amendment was adopted;and the substituted bill was passed to be engrossed. Sent to the Senata for concurrence. ,, I i QUITCLAIM DEED (Carter Field Road--Dedication of Roadway) The undersigned,CARTER FIELDS LLC (the"Grantor'"), a Massachusetts limited liability company,with an address at 115 Carter Field Road,North Andover, Essex County, Massachusetts, 01845, in consideration paid of less than One Hundred Dollars($100.00),the receipt and sufficiency of which is hereby acknowledged, and for other good and valuable consideration, ogrants to THE INHABITANTS OF THE TOWN OF NORTH ANDOVER, a Massachusetts a municipal corporation, with an address at 120 Main Street,North Andover,Essex County, Q Massachusetts,01845, r 0 with QUITCLAIM COVENANTS V the fee interest in that certain roadway commonly known as Carter Field Road,situated in the o; Town of North Andover and as shown and depicted on a plan entitled,"Street Layout Plan, m Carter Fields Subdivision, Prepared for Tara Leigh Development,LLC,by MHF Design Consultants,Inc.,Dated: March 14,2011"and recorded with Essex County Northern District Registry of Deeds herewith as Plan No. 1650 7. . Said land is also more particularly bound and described in a metes and bounds description attached hereto as Exhibit A. 0 Subject to and with the benefit of easements,restrictions, covenants, conditions and takings of record,insofar as the saine are now in force and applicable, and without limitation to which,this conveyance is made subject to and with the benefit of the following: 1. An Easement to Verizon New England, Inc.dated June 12,2003 and recorded at o Book 7952,Page 60. 2. An Easement to Massachusetts Electric Company dated October 3,2003 and recorded at Bonk 8366,Page 321. 3. Drainagv Eaaomont orror and along border of Lot 2 and Lot 3 vm shown on Plun No. 14471 and as reserved in deeds recorded at Book 10897, Page 217,in the case of Lot 2,and Book 8428, Page 126, in the case of Lot 3,and as confiirtned by easement instrument recorded herewith. 4. Drainage and Utility Easement over the Village Green recorded herewith, (00018264;v3) Bk 12546 Pg5 #15938 I For Grantor's title, see deed of Tara Leigh Development, LLC to Carter Fields, LLC,recorded with the Essex County Northern District Registry of Deeds at Book 9688,Page 39. » Executed under seal as of this x day of AIA i 1. ,2011. CARTER FIELDS LLC r By: Witness Th as D. Zahorui o,Manager COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On this _Lj� _day of_A e/L s L > 2011, before toe, the undersigned notary public, personally appeared Thomas D. Zahoruiko, 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 the that he signed it voluntarily for its stated purpose, as the Manager of CARTER FIELDS LLC, a Massachusetts limited liability company. t Notary Public My Commission res: MAN 0,VAUGHAN Notary Public CorrAvon%%oulrh of Mws"U$eh MY Commisslon Exp-M JuiY 7,2011 100018264;v3) -2 I Bk 12546 Pg6 #15938 i 1 1 EXHIBIT A E Legal Description: Carter Field Road i Metes &Bounds Description Carter Field Road Exhibit A: Page 1 of 4 1 j A certain tract or parcel of land situate in the Commonwealth of Massachusetts,County of Essex and Town of North Andover located on the easterly side of Bradford Street and shown as"Carter Field Road"on a plan entitled `Street Layout Plan,Carter Fields Subdivision prepared for Tara Leigh Development,LLC'; Scale: 1"=40';Date. September 14,2010 by MHF Design Consultants,Inc. and being more particularly bounded and described as follows; Beginning at a point on the easterly sideline of said Bradford: Street at the intersection with the northerly line of the said Carter Field Road at land now or formerly of George R. Barker,Jr.; Thence along a curve to the left having a central angle of 77035'23",a radius of thirty- one and no hundredths (31.00)feet and an are length of forty-one and ninety-eight hundredths (41.98) feet to a point of reverse curvature; Thence along a curve to the right having a central angle of 59°30'08",a radius of one hundred seventy and no hundredths(170.00)feet and an are length of one hundred seventy-six and fifty-five hundredths(176.55)feet to a point of tangency; Thence S38°4451"E fifty-four and five hundredths(54.05) feet to a point of tangency; Thence along a curve to the left having a central angle of 81°54'34",a radius of one hundred thirty and no hundredths(130.00)feet and an are length of one hundred eighty-five and eighty-five hundredths(185.85)feet to a point of reverse curvature, Thence along a curve to the right having a central angle of 49031'31",a radius of one hundred seventy and no hundredths(170.00) feet and an arc length of one hundred forty-six and ninety-four hundredths(146.94)feet to a point of tangency; Thence S71°07'54"E twenty and seventy-eight hundredths(20.78) feet to a point of curvature; Thence along a curve to the left having a central angle of 37127'50", a radius of one hundred thirty and no hundredths(130.00)feet and an arc length of eighty-five and no hundredths (85.00) feet to a point of tangency; Thence N71°24'1T%five hundred sixteen and forty-six hundredths(516.46)feet to a point of curvature; (00018264:01 - 3 - Bk 12546 Pg7 #15938 i Metes&Bounds Description Caner Field Road Exhibit A:Page 2 of 4 Thence along a curve to the left having a central angle of 90°00'00", a radius of thirty- one and no hundredths(31.00)feet and an are length of forty-eight and sixty-nine hundredths (48.69) feet to a point of tangency; Thence N18°3543"W two hundred forty-six and ten hundredths(246.10) feet to a point of curvature; Thence along a curve to the left having a central angle of 53007'48",a radius of forty and no hundredths(40.00)feet and an are length of thirty-seven and nine hundredths(37.09) feet to a point of reverse curvature; Thence along a curve to the right having a central angle of 286°15'37"0 a radius of sixty and no hundredths(60.00)feet and an arc length of two hundred ninety-nine and seventy-seven hundredths(299.77)feet to a point of reverse curvature; Thence along a curve to the left having a central angle of 53*07'48"1 a radius of forty and no hundredths(40.00)feet and an are length of thirty-seven anal nine hundredths(37.09)feet to a point of tangency; Thence S 18135'43"E six hundred twenty-three and ninety-six hundredths(623.96)feet to a point of curvature; Thence along a curve to the right having a central angle of 180000,00",a radius of one hundred two and fifty-hundredths(102.50)feet and an are length of three hundred twenty-two and one hundredths(322.01)feet to a point of tangency; Thence Ni 8135'43"W two hundred seventy-five and eighty-six hundredths(275.86)feet to a point of curvature; Thence along a curve to the left having a central angle of 90'00'00"1 a radius of thirty- one and no hundredths(31.00) feet and an are length of forty-eight and sixty-nine hundredths (48,69) feet to a point of tangency; Thence S71°24'17"W three hundred fifty-one and forty-six hundredths(351.46) feet to a point of curvature; Thence along a curve to the right having a central angle of 37027'50",a radius of one hundred seventy and no hundredths(170.00) feet and an are length of one hundred eleven and sixteen hundredths(11 l.16)feet to a point of tangency; {00018264,01 -4- 1 Bk 12546 Pg8 #15938 Metes&Bounds Description 3 Carter Field Road Exhibit A: Page 3 of 4 Thence N71°07'54"W twenty and seventy-eight hundredths(20.78)feet to a point of curvature; Thence along a curve to the left having a central angle of 49031'31",a radius of one hundred thirty and no hundredths(130,00) feet and an are length of one hundred twelve and thirty-seven hundredths (112,37) feet to a point of reverse curvature; Thence along a curve to the right having a central angle of 81054'34",a radius of one hundred seventy and no hundredths(170.00) feet and an are length of two hundred forty-three and three hundredths(243.03) feet to a point of tangency; Thence N38°44'S 1"W fifty-four and five hundredths(54.05) feet to a point of curvature; Thence along a curve to the left having a central angle of 42°25'44",a radius of one hundred thirty and no hundredths(130.00)feet and an are length of ninety-six and twenty seven hundredths(96.27)feet to a point of compound curvature; Thence along a curve to the left having a central angle of 121°50'l2",a radius of thirty- one and no hundredths(31.00) feet and an arc length of sixty-five and ninety-two hundredths (65.92) feet to a point on the easterly sideline of said Bradford Street; Thence along the easterly sideline of said Bradford Street the following four(4) courses: N23000'46"W twelve and ninety--six hundredths (12.96) feet to a point; Thence N3 I*14'50"W fourteen and eighty-one hundredths(14.81)feet to a point; Thence N23°54'51"W thirty-eight and eighty-four hundredths(38.84)feet to a point; Thence N20146'58"W forty-five and eleven hundredths(45.11) feet to the point of beginning. Excepting and reserving, however,the following tract or parcel which is shown as "VILLAGE GREEN OPEN SPACE LAND"on said plan: Beginning at a point at the northwesterly corner of Lot l as shown on said plan,thence N18*35'43"W sixty-nine and no hundredths(69.00)feet and thence N71°24'17"E forty and no hundredths(40.00) feet to the TRUE POINT OF BEGINNING: ;00018264,0) - 5 - 1 Bk 12546 Pg9 #15938 E d Metes&Bounds Description Carter Field Road Exhibit A: Page 4 of 4 Thence along a curve to the right having a central angle of 901,00'00",a radius thirty-one and no hundredths(31.00)feet and an arc length of forty-eight and sixty-nine hundredths(48.69) feet to a point of tangency; Thence N71°24'17"E sixty-three and no hundredths (63.00)feet to a point of curvature; Thence along a curve to the right having a central angle of 90°00100",a radius thirty-one and no hundredths(31,00)feet and an arc length of forty-eight and sixty-nine hundredths(48.69) feet to a point of tangency; Thence S 1$°35'43"E two hundred seventy-five and eighty-six hundredths(275.86)feet to a point of curvature; Thence along a curve to the right having a central angle of 180°00'00", a radius of sixty- two and fifty hundredths(62.50)feet and an arc length of one hundred ninety-six and thirty-five hundredths(196.35)feet to a point of tangency; Thence Nl803543"W two hundred seventy-five and eighty-six hundredths(275.86)feet to the point of beginning. {aao�sx�a;�s� - 6- Bk 12546 Pg10 #15938 i E E i i 1 ACCEPTANCE OF 1 TOWN OF NORTH ANDOVER BOARD OF SELECTMEN I The Town of North Andover, acting by and through its Board of Selectmen hereby voted to accept the foregoing conveyance. EXECUTED as an instrument under seal as of the U4day of u tir 2011, TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF SELECTMEN 411 I-Z z vl-)� COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSRY, ss. On this day of vA/f� _ , 2011, before rise, the undersigned notary public personally appeared ! N A 1.t .�T3 D/✓ y Proved to me through satisfactory evidence of identification,which was [my personal knowledge of said person or 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 as a member of the Town of North Andover Board of Selectmen. ee- Notarpkfic My commission expires: 15�WOW i ` I ll C' 3 s 4 0 UITCLAIM DEED (Carter Field Road—Dedication of Open Space) s 0 z The undersigned,CANTER FIELDS LLC (the"Grantor"),a Massachusetts limited liability company,with an address at I IS Carter Field Road,North Andover,Essex County, oMassachusetts, 01845, in consideration paid of less than One Hundred Dolton($100.00),the �= receipt and sufficiency of which is hereby acknowledged,and for other good and valuable a consideration, U. `m grants to THE INHABITANTS OF THE TOWN OF NORTH ANDOVER,a Massachuse V tts municipal corporation, with an address at 120 Main Street,North Andover,Essex County, Massachusetts, 01845, ro J with QUITCLAIM COVENANTS a Certain land situated in the Town of North Andover,being comprised of two (2) tracts and being shown and depicted as"Open Space Land"on a plan entitled,"Street Layout Plan, Carter Fields GSubdivision, Prepared for Tara Leigh Development, LLC,by MHF Design Consultants, Inc., Dated: March 14,2011"and recorded with Essex County Northern District Registry of Deeds herewith as Plan No. b 02. (the"Plan"),being more particularly bounded and described thereon as follows: ro a Tract One That certain parcel or tract of land located to the north of Carter Field Road, shown on said Plan as"OPEN SPACE LAND, 169,503 Sq.Ft., 3.891 Ac. +/-"and being bound on said Plan as follows: Northerly,by the Town of Boxford and land now or formerly of George R. Barber,Jr.; Easterly,by Lots 14, 15, 15 and 17; Southerly,by Garter Field Road;and 100018571.0) Bk 12546 Pg12 #15939 ,A i 0 1 Westerly,by land now or formerly of George R. Barker,Jr. and the Town of ` Boxford, all as shown of said Plan. Tract Two That certain parcel or tract of land located to the south of Carter Field Road, shown on said Plan as"OPEN SPACE LAND, 383,514 Sq.Ft., 8.804 Ac. +1--"and being bound on said Plan as follows: Northerly, by Parcel `A' and by Carter Field Road; Easterly, by a portion of Carter Field Road and by Lots 1, 2 and 3; Southerly,by the Town of Boxford and land of Essex County Greenbelt . Association; and Westerly,by Bradford Street, all as shown of said Plan. Reference is made to that certain plan of land entitled"Special Permit and Definitive Subdivision Plan,Carter Fields Subdivision,Prepared for Tara Leigh Development, LLC,by MNF Design Consultants, Inc.,Date: August 9,2002"and recorded with Essex County Northern District Registry of Deeds as Plan No. 14471. Reference is also made to that certain plan entitled, "Easement Plan,Carter Field Subdivision, Carter Field Road,North Andover, Massachusetts" prepared for Tara Leigh Development,LLC by MHF Design Consultants,Inc.,Scale 1"=80' dated September 9, 2004 and revised 11/1104, a copy of which is recorded with Essex County Northern District Registry of Deeds as Plan No. 14969.Meaning and intending to convey all of the Grantor's right title and interest in the open space in the Carter Fields Subdivision,including the fee interest in Recreational Fields#1,#2 and#3,the Parking areas,the Trail &Access Easement areas and all other remaining open space,all as shown and identified on said Plan No. 14969 and Plan No. 14471, excepting therefrom and reservin;a in Grantor,the fee interest in the area shown as"VILLAGE GREEN OPEN SPACE LAND,44,081 Sq.Ft., 1.012 Ac. +/-"on the Plan. The said land is conveyed together with all buildings,structures and improvements thereon and therein,including without limitation the sewer/pump station,building and all related sewer lines and facilities therein,whether located above or below ground. Subject to and with the benefit of easements,restrictions,covenants, conditions and takings of record,insofar as the same are now in force and applicable, and without limitation to which,this conveyance is made subject to and with the benefit of the following: l. An Easement to Verizon New England,Inc. dated June 12,2003 and recorded at Book 7952,Page 60. 2. An Easement to Massachusetts Electric Company dated October 3,2003 and recorded at Book 8366,Page 321. (00018573;v4) -2 - I Bk 12546 Pg13 #15939 3. Drainage Basement over and along border of Lot 2 and Lot 3 as shown on Plan No. E 14471 and as reserved in deeds recorded at Book 10897, Page 217,in the case of Lot 2, and Book 8428, Page 126,in the case of Lot 3, and as confirmed by easement instrument recorded herewith. 4. Recreational Trail Access Easement made by the Grantor in favor of ECGA,recorded at the Essex County Northern District Registry of Deeds at Book 9265, Page 112. 5. Use limitations and restrictions as set forth in deed of Tara Leigh Development, LLC to Carter Fields, LLC,recorded with the Essex County Northern District Registry of Deeds at Book 9688, Page 39,including without limitation that such land: (1)shrill not be open for use by the public afler dusk or before sunrise; and (2)in no event may the lighting be installed or utilized at or upon the said land. 6. A restriction that only organic,low nitrogen fertilizers shall be used in lawn care or maintenance for said Lot.. 7. Restrictions set forth in deed of Anne M.Renshaw and Judith C. Mohnkern,as Trustees of C/M Realty Trust,dated April 11,2003 and recorded at Book 7688, Page 246. 8. Notice of Decision dated December 27,2002 and recorded at Book 7605, Page 166. 9. Notice of Decision dated December 27,2002 and recorded at Book 7605,Page 173. For title see deed of Tara Leigh Development, LLC to Carter Fields, LLC,recorded with the Essex County Northern District Registry of Deeds at Book 9688,Page 39. n, Executed under seal as of this?5 day of A f 0.{f- ,2011. CARTER FIELDS LLC By: Witness Th D. Zah iko,Manager COMMONWEALTH OF MASSACHUSETTS ESSEX, SS �t On this ,ZS day of r =— , 2011, before me, the undersigned notary public, personally appeared Thomas D. Zahoruiko, 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 CARTER FIELDS LLC, a Massachusetts limited liability company. Notary Public My Commission iris: � 691Ah!e'%VAUGHAN Notary Public Commonweolth of MossocW atts My Communion u9irw July 7,2011 {OOQ18573;r4j �3 k Bk 12546 Pg14 #15939 r i ACCEPTANCE OF TOWN OF NORTH ANDOVER BOARD OF SELECTMEN The Town of North Andover, acting by and through its Board of Selectmen hereby voted to accept the foregoing conveyance. EXECUTED as an instrument under seal as ofthe �W day of_<7y-+✓ -_ _ --.- -_ 22011, TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF SELECTMEN r COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX,ss. On this..&d day of..JyN , 2011, before me, the undersigned notary public personally appeared Proved to me through satisfactory evidence of identification,which was [my personal knowledge of said person or 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 voluntturily for its stated purpose as a member of the Town of North Andover Board of Selectmen. No lic My commission expires: CONFIRMATORY DRAINAGE EASEMENT This Confirmatory Drainage Easement(this"Drainage Easement"'}is made this 23 day of A-Pr i 1 2011,by the undersigned Karen Zahoruiko of 115 Carter Field Road,North Andover,Massachusetts 01845 (the"Lot 2 Owner"),John Gutkoski and Lisa Gutkoski of 121 Carter Field Road,North Andover,Massachusetts 01845 (the "Lot 3 Owner"),and CARTER FIELDS LLC,a Massachusetts limited liability company, with an address at 115 Carter Field Road,North Andover,Massachusetts,01845 (collectively,with the Lot 2 Owner and Lot 3 Owner,referred to as the"Grantors"),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. Lot 2 Owner is the current owner of a certain parcel of land situated in North Andover,Essex County,Massachusetts,commonly known as 115 Carter Field Road and being shown as Lot 2("Lot 2")on a plan entitled"Special Permit and Definitive Subdivision Plan,Carter Fields Subdivision,Prepared for Tara Leigh Development, LLC,by MHF Design Consultants,Inc.,Date: August 9,2002"and recorded with Essex County Northern District Registry of Deeds as Plan No. 14471 (the "Subdivision Plans"}. B. Lot 3 Owner is the current owner of a certain parcel of land situated in North Andover,Essex County,Massachusetts, commonly known as 121 Carter Field Road and being shown as Lot 3 ("Lat 3")on the Subdivision Plans. C. Lot 2 and Lot 3 are subject to a drainage easement(the"Drainage Easement")over and along the border of Lot 2 and Lot 3 as shown on the Subdivision Plans,being a twenty foot(20')wide strip comprising ten feet(10')along the southerly edge of Lot 2 and ten feet(101)along the northerly edge of Lot 3 (the"Drainage Easement Area"),said Drainage Easement being a portion of the general grant of infrastructure easement for the Carter Fields Subdivision made to the Town of North Andover by way of the Form M Conveyance of Easements and Utilities recorded at Book 987,Page 167 (the"Form M Easement"),and as the Drainage Easement was further reserved in favor of Tara Leigh Development LLC by deed recorded at Book 10897, Page 217,with respect to Lot 2,and Book 8428,Page 126,with respect to Lot 3. (00025837; 1) Blc 12546 Pg16 #15940 i D. The Drainage Easement was further conveyed from said Tara Leigh Development LLC to Carter Fields LLC appurtenant to conveyance of the fee in Carter Field Road by way of deed recorded at Book 9688,Page 39. E. The Grantors now desire to confirm and ratify the said Drainage Easement over Lot 2 and Lot 3 in favor of the Town of North Andover as appurtenant to the conveyance and transfer of the fee interest in Carter Field Road unto the Town of North Andover,and in so doing to also clarify and confirm the terms and scope of the said Drainage Easement as hereinafter set forth. 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 parties hereby agree ratify and confirm the Drainage Easement and grant the said Drainage Easement in favor of the Grantee as follows: The Grantee has and shall have the perpetual rights and easements to construct,inspect, repair,remove, replace,operate and forever maintain,within the above described twenty foot(20)wide Drainage Easement Area,any underground sewers,manholes,pipes, conduits,covered surfaces,ground water drains,and other appurtenances and facilities necessary for removal,conveyance and discharge of water,including storm water or ground water and including water from underground detention systems,and to do all acts incidental to the foregoing, so as to maintain the existing drainage facilities in good operating order and condition,consistent and is accordance with and as shown in the Subdivision Plans. 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-puss over,across and upon said Drainage Easemert Area as is reasonable and necessary in order to repair,remove,maintain,operate and patrol said drainage utility systems,including to make,upon reasonable notice to the Grantors, such excavation or clearings as may be reasonably necessary in the opinion and judgment of the Grantee,their successors and assigns for the care and maintenance of said Drainage Easement,provided however,that any area excavated shall be reasonably restored to its former condition upon making any such excavation. All such access to the Grantor's land skull be limited to the"Drainage Easement Area". 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 Lot 2 Owner see deed recorded at Book 10897,Page 217. For title of Lot 3 Owner see deed recorded at Book 10809,Page 216. For title of Carter Fields LLC see deed recorded at Book 9688,Page 39. (00025837M) Bk. 12546 Pg17 #15940 IN WITNESS WIJEREOF,the und,srsigned have caused this document to be executed under as of thisq3lay of AL*jr 2011. 4e�) . Witness itiless KawnZah(my -P4 Idn Q ski V Witness Witness U Lisa 11 tltp CARTER FIELDS LLC By: Witness Olornas D. &doruiko, Manager COMMONWEALTH OF MASSACHUSETTS ESSEX,SS On this 122 day of 2011, before me, the undersigned notary public,personally appeared Karen ZahomWo,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. Notary Public My Commission- xpi S: 7 7. � WAN C--,,VAUGHAN Notory Public 40 commonv.4'01th of ma"aaKuh My commission"r" July 7,2011 Bk 12546 P918 #15940 i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS 2011 undersigned On this � day of �,('R«.. , , before me, the undersi ed notary public,personally appeared John Gutkoski,proved to me through satisfactory evidence of identification, which was being personally known to 3'd party witness personally known to me, 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. Notary Public My Commission Expa es: _ �1 IR AN G.YAUGyAN Notary Public COMMONWEALTH OF MASSACHUSE Commonwmj$OfMassadiU3Wft My Commission ExPirw ESSEX, SS -u,y7,2011 On this 23 Ito day of Ap(z ,- 2011, before me, the undersigned notary public,personally appeared Lisa Gutkoski,proved to me through satisfactory evidence of identification, which was being personally known to 3`d party witness personally known to me,to be the person whose name is signed on the preceding or attached document, and acknowledged to we that she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 77. 7 VAV0jfAN dab,-r Pubfic COMMONWEALTH OF MASSACHUSETTS Cot"'"""^ ,F arthofMosso ESSEX S S My Co-missfen y Jfty7,2011 On this ��day of &�)t_ , 2011, before me, the undersigned notary public, personally appeared Thomas D. Zahoruiko, 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 CARTER FIELDS LLC, a Massachusetts limited liability company. Notary Public My Commission MAN V No m'Y f'ubl�c� MY Corry u f y 6.� (0002507,V t) Julyr�pf 1 Ble 12546 Pg19 #15940 ACCEPTANCE OF TOWN OF NORTH ANDOVER HOARD OF SELECTMEN The Town of North Andover, acting by and through its Board of Selectmen hereby voted to accept the foregoing conveyance. EXECUTED as an instrument under seal as of the��day of v�E- 201.1. TOWN OF NORTH ANDOVER ACTING BY AND THROUGH xTS BOARD OF SELECTMEN COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX,ss. On this t0Ny of ,v 2011, before me, the undersigned notary public ersonally appeared O)AII "/J- Proved to me through satisfactory evidence of identification,which was [my personal knowledge of said person or 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 as a member of the Town of North Andover Board of Selectmen. ('L. ". . &�,.-,2 No P lic My commission expires: i 12-05 4 6 P �Q1 im I IV 41 DRAINAGE AND UTILITY EASEMENT This Drainage and Utility Easement(this"Easement"}is made this x5 day of A P R ►t_ 2011,by the undersigned CARTER FIELDS LLC, a Massachusetts limited liability company,with an address at 115 Carter Field Road,North Andover, Massachusetts,01845 (tire"Grantor"),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. Grantor is the current owner of a certain land commonly known as the "Village Green," located within the Carter Field Subdivision,situated in North Andover, Essex County,Massachusetts,and being shown and depicted as"VILLAGE GREEN OPEN SPACE LAND,44,081 Sq.Ft., 1.012 Ac.+/-"on a plan entitled,"Street Layout Plan, Carter Fields Subdivision,Prepared for Tara Leigh Development,LLC,by MHF Design Consultants,Inc.,Dated: March 14,2011"and recorded with Essex County Northern District Registry of Deeds herewith as Plan No. 1 �6 5 O 2- (the"Village Green"), B. Grantor is conveying the fee interest in Carter Field Road and the fee interest in certain open space in the Carter Field Subdivision to the Grantee by Deeds dated or about the date hereof and to be recorded herewith,but Grantor is retaining and reserving the fee interest in the Village Careen. C. Certain drainage and utility facilities have been constructed under and within the Village Green, including without limitation as further contemplated or described in that certain}plan entitled"Special Permit and Definitive Subdivision Plan, Carter Fields Subdivision,Prepared for Tara Leigh Development, LLC,by MHF Design Consultants,Inc.,Date:August 9, 2002"and recorded with Essex County Northern District Registry of Deeds as Plan No. 14471 (the"Subdivision Plans"). D. The Grantor now desires to grant a drainage and utility easement(the "Drains a and Utility Easement")over the Village Green in favor of the Town of North Andover as appurtenant to the conveyance and transfer of the:fee interest in Carter Field Road unto the Town of North Andover,upon the terms and scope as hereinafter set forth. 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 Grantor hereby grants this Easement in favor of the Grantee as follows: (00425472:0) E Bk 12546 Pg21 #15941 i 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 Village Green,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, together with underground utilities of any other kind or nature and related appurtenances and facilities,all as may presently be constructed or exist or as may hereafter be constructed or installed,if at all,including without limitation water,sewer,electric,gas, cable or any other underground utilities or related facilities whatsoever,and to do all acts incidental to the foregoing,so as to maintain the existing drainage facilities in good operating order and condition,consistent and in accordance with and as shown in the Subdivision Plans,This casement is granted with the right,but without the obligation,to construct and repair any such utilities. 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 said Village Green as is reasonable and necessary in order to repair,remove,maintain,operate and:patrol said drainage and utility systems,including to make,upon reasonable notice to the Grantor,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 Drainages and Utility Easement,provided however,that any area excavated shall be:reasonably restored to its former condition upon making 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 Grantor and Grantee and their respective successors and assigns. For title of Carter Fields LLC see deed recorded at Book 9688,Page 39. {00026472;vf} S Bk 12546 Pg22 #15941 IN WITNESS WHEREQF,the undersigned has caused this document to be executed under seal as of this 25' day of , 2011. CARTER FIELDS LLC By: Witness as D. Zaho iko,Manager COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On this 0�� day of_ �P���- , 2011, before me, the undersigned notary public, personally appeared Thomas D. Zahoruiko, 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 CARTER FIELDS LLC, a Massachusetts limited liability company. Notary Publi MY COMM xpires: �J NUAN 0,VA fps Cb(M0n W of rh nF u� MY C0M"11SSjM July 7,2011 (00026472;vi) Bk 12546 Pg23 #15941 ACCEPTANCE OF TOWN OF NORTH ANDOVER BOARD OF SELECTMEN The Town of North Andover, acting by and through its Board of Selectmen hereby voted to accept the foregoing conveyance. EXECUTED as an instrument under seal as of the o4 0" day of 2011. TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF SELECTMEN COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX,ss. On thisg&4=day of '-. Ahe- 2011, before me, the undersigned notary public personally appmed. �—Z)4 AlfeA-. Proved to me through satisfactory evidence of identification,which was [my personal knowledge of said person or 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 as a member of the Town of North Andover Board of Selectmen. No lie My commission expires- � Allf 14 VWX P i IJ 1 URBELIS &FIELDSTEEL, LLP 155 FEDERAL STREET( 101 BOSTON, MASSACHUSETTS 02110-1727 -I f vkle_ THOMASJ.I R13ELIS Telephone 617-338-2200 Andover Office E-MAIL: tju@ufb.com Telecopier 617-338-0122 Telephone 978-475-4552 6 August 26, 2002 Heidi Griffin,Director of Community Development&Services Town of North Andover 27 Charles Street North Andover,MA 01845 RE: CARTER FARM--,SPLIT LOT ISSUE Dear Heidi: You inquired as to the state of the law regarding split lots. The definition of"Lot" in the current North Andover Zoning Bylaw does not exclude land located outside the boundaries of North Andover. In the case of Boulter Bros. Construction Co. v. Zoning Board of Appeals of Norfolk, 45 ;I Mass:App. Ct. 283 (1998), the court ruled that in the absence of a bylaw prohibiting it, the use of land in another municipality, solely to meet area requirements, is considered a permissible abstract or passive use when both zoning districts permit the proposed active use. Please call if you have any questions or if there is anything else that you need. Very truly yours, w Thomas J. ebelis TJUllah cc: D. Robert Nicetta s:htpS l\workln-andovcicorrcsplgriflin.Itr-caner.doc '', lown of North Andover Office of the Planning Department Community Developixtent and Services Division. 27("hades Sh.v.e[ Nodh Andover, Alassachusetts 0184,15) ................. ------------- P (978) 688-9535 Planning I)irector. J,J P (.978)688-9542 ustin Woods MEMORANDUM TO: Raymond Santilli,Assistant Town Manager/Acting Director of Community Development FROM: I Justin Woods,Planning Director CC: Planning Board Tom Zahoruiko,Tara Leigh Development Heidi Griffin,Community Development&Services Director RE: Mr. George Barker's MGL 61A request DATE: March 28,2003 On Tuesday March 25, 3003 the Planning Board voted on the following motion: Schwarz motion to recommend that the selectman waive the Town's as op t Won to r h e Mr.Barker's - pro 2,d roe and and to recommend waiving the Town's 120 decision period. by White. Discussion: None. Motion carries 4-0(Angles, Schwarz,White, &PhinneY) Respectfully submitted, J. Justin Woods 13RIDINGOM95,15 HIkA1,TH68K9510 IIIANNIIN<,WX'8-9535 Page 1 of 1 Woods, J. Justin From: Justin Woods(jwoods@townofnorthandover.com}on behalf of Woods, J. Justin Sent: Friday, March 28, 2003 12:11 PM To: Santilli, Ray Cc: Griffin, Heidi; Heidi Griffin (E-mail); Tom Zahoruiko(E-mail); Alberto Angles (E-mail); Felipe R Schwarz (E-mail); George Write (E-mail); 'Jim Phinney, John Simons (E-mail); Richard Nardella (E-mail) Subject: Mr. Barkers MGL 61A request Per your request, attached please find correspondence regarding the Planning Board's recommendation on Mr. Barkers MGL 61A request. J. Justin Woods Planning Director Town of North Andover Community Development Division 27 Charles Street North Andover, MA 01845 P(978) 688-9535 F(978) 688-9542 o.�� �l�c�;j roc�cis(c)�o,�iiaPjc�sElitaclt '.coil) 3/31/03 TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 O� tjORTil �,wo 6 Ho Mark H. Rees Telephone (978)68 8-95 10 Toivrz 1fanager ° FAX (978) 688-9556 °+atr°fry'q5 C US March 27, 2003 �� MAR PLAN1W1140I)Lf" AHTMI";NT Mr. George R, Barker,Jr. 1267 Osgood Street North Andover,MA 01845 Dear Mr, Barker: The Town of North Andover is in receipt of your notice of intent to sell a 0.55acre parcel of land located off Bradford Street recorded with the Essex North Registry of Deeds in Book 1978, Page 177 to Tara Leigh Development LLC for non-agricultural purposes. Please be advised that on March 10, 2003, the Board of Selectmen voted not to exercise their right of first refusal in accordance with MGL Chapter 61A, Section 14. The same vote was made on March 26, 2003, by the Conservation Commission and on March 25, 2003 by the Planning Board. If we can be of further assistance to you, please feel free to contact me. SinVery, fiL 0� . Rees Town Manager RHR/aj j Cc: Board of Selectmen Board of Assessors Conservation Commission Community Preservation Committee Planning Board George R. Barker, Jr 1267 Osgood Street North Andover, MA 01845 Board of Selectmen February 27, 2003 120 Main Street North Andover, MA 01845 Dear Board of Selectmen: Please be advised that this letter serves as notice pursuant to Section 14 of M.G.L.,c. 61A that George R. Barker, Jr. intends to sell a certain parcel of land described below to Tara Leigh Development LLC for non-agricultural purposes, and hereby offers the Town of North Andover a first refusal option to purchase the land as described below. George R. Barker, Jr. is the record owner of a 0.55 acre parcel of land located off Bradford Street (the"Property"), all as shown on a plan entitled"Definitive Plan, Carter Fields Subdivision", dated August 9, 2002 (Rev. 1/17/03), as prepared for Tara Leigh Development LLC by NI-IF Design Consultants, Inc. (the"Property Plan"), and consists of a portion of a parcel of land recorded with the Essex North Registry of Deeds in Book 1978, Page 177. The Property is referenced as "Parcel B" on said Property Plan. The Property is currently valued, assessed, and taxed on the basis of its agricultural or horticultural use under an application filed and approved pursuant to M.GL,c. 61A. Pursuant to Section 14 of M.G.L.,c. 61A, George R. Barker, Jr. hereby notifies the Board of Selectmen of his intent to sell or convert the property for residential use and hereby offers the Town of North Andover an Option to Purchase said Property for the price of$100,000.00 ("Option to Purchase"). Said price is based upon the price stated in a certain.Purchase and Sale Agreement between George R. Barker, Jr. and Tara Leigh Development LLC, dated October 31, 2002, which constitutes a bona fide option to purchase the Property. A copy of the signed agreement is attached. While section 14 of M.G.L.,c. 61A provides a 120-day period within which the Board of Selectmen may exercise its rights under the Option to Purchase, George R. Barker, Jr. respectfully requests the Board of Selectmen to determine whether it shall exercise such option to Purchase as soon as practicable. If the Board declines to exercise the Option to Purchase, please notify the undersigned in writing (and in recordable form) of such intent. As required by M.G.L.,c. 61 A, section 14, a copy of this notice of intent is being delivered via certified mail to the Board of Assessors, Planning Board, and the Conservation Commission. Your anticipated cooperation with this matter is truly appreciated. Sincerely, George . Barker, Jr. cc: Board of Assessors FR E <11 Planning Board Conservation Commission MAR Q 6 2003 Tara Leigh Development LLC PLANNING DEMENT AA rMEN`r° rage V OA � i Woods, J. Justin From: Justin Woods Dwoods@townofnorthandover.com] on behalf of Woods, J, Justin Sent: Tuesday, March 18, 2003 10:49 AM To: Rees, Mark Subject: FW: MGL s6lA- Intent to Sell Land Please see the aftached email I sent Ray on this matter yesterday. Thanks,jw. J. .Instila Woods Planning Director Town of North Andover Community Development Division 27 Clrndes Street North Andover, MA 01845 P(978) 688-9535 F (978) 688-9542 �gr_e ilto; r oocls(rt�€oe� .. �..... Ir..l) IAw ww.tow nofi)ortltandover,com/ -----Original Message----- From: Justin Woods [mailto:jwoods@townofnorthandover.com]On Behalf Of Woods, J. Justin Sent: Monday, March 17, 2003 4:49 PM To: Santilli, Ray Subject: RE: MGL s61A - Intent to Sell Land I spoke with John and he does not anticipate a problem. The Board will vote to waive a recommendation to Purchase and to recommend a waiver of the 60 days at its meeting on the 251b, J. Justin Woods Planning Director Town of North Andover Community Development Division 27 Charles Street North Andover, MA 01945 P(978) 688-9535 F(978) 688-9542 �t €ltcs.I�voc cls...(`r),tc�rc�liros tlz ia7cio el oco€tl i}tt.1�,/ltY�vw.to�urof i�o:-Plr<rsaclovc,r•.c®seal -----Original Message----- From: Santilli, Ray Sent: Tuesday, March 11, 2003 3:21 PM To: Boles, Garrett; Woods, J. Justin; Parrino, Julie Subject: MGL s61A - Intent to Sell Land Your respective Boards have received correspondence from Mr. George Barker of his intent, under MGL 61A, to sell a parcel of land to Tara Leigh Development. Please provide notification to the Town Manager's office as soon 3/18/03 Page 2 of 2 3 3 i as your respective Boards have formally voted their position on this issue. tf you need a copy of the correspondence, please call me. Thanks 2arf Safdidi Assistant Town Manager & Human Resources Director 3/18/03 I 1 Town of North Andover Plannina Board This form represents the schedule for allowing the following lots to be considered as eligible for t!i q permits under the Town ofNorfh Andover Management by-law Section 8.7 of the.Zoning by-lawrsl to 8.7 this Development Schedule must be filed in the Registry of Deeds and be referenced on the deed of each of the lots below and be filed with the Planning Board prior to the issuance of any �buil�Lg- � t ozll7`•t1fl=i L?�Prt�,'rYs�;;,�' ' permit for construction. Name and Address of Applicant for Lots: .Name of Development: AIKA Lek6q Dt\)GW?mt:K R F-'IPU�5 l8S H%(,.`.042 HI LL POA-D STKVtI NORTtj P,►JDO\)a M A O �i; Map and Parcel of Original: M h? 6 2 L oT ' Date of Ap lication for Lot(s) Division: fWGUS_r Ct Lots Covered by this Schedule The Planning Board by their signature below, or a signature of a duly authorized representative, do hereby �l M ' establish for the above named development the following Development Schedule for the purpose of Section ff' 8.7 of the Growth management By-Law. The applicant, their assignees,successors and or subsequent property owners shall conform to the following schedule that limits the eligibility of the following lots for building permits. This form must be filed in the Registry of Deeds by the property owner or representative and be referenced on each deed for each of the following lots. Such deed reference for the deed of each lot shall at minimum reference the book and page in which this Development Schedule is tiled and contain the language, "Mis lot is subject to a Development Schedule pursuant to the Town of North Andover Zoning By-Law all owners, representatives, and future purchasers should avail themselves of said restriction by reviewing the approved Development Schedule as filed in Book insert here and Page insert here. The fact that a lot is eligible for a building permit is subject to the limitation of the numl�_-r of building permits per year pursuant to section 8,7.2d of the Zoning By-Law." The Planning Board hereby schedule the lot(s) for the above development as follows: Year Eligible Ntimber of Lots Building Offlce Use Building Office Use Elibgible Date Lot Eligibility Notes Corn Cetel Utilized �- y 2 cab3 r � Op Si ng Board member or Authorized Representative . Date Sign t&e of Property Own or Authorize esentative 2�r�o3 Date y�CCC .�% i Bias 7688 PG 25 I F®11FM I COVENANT KNOW ALL, MEN BY THESE PRESENTS TUAT WMREAS the undersigned has submitted an application,dated. to the North.Andover Planning Board for approval of a Definitive Plat, of/ a certain stzb iv'gion bearing the name of _ __ t V�i t�ram- — ton t q g _ and has requested that the I3oard approve such plan without requiring a perfarinance THIS AC3RLil=?1b Mj'WjTNESSETH THAT, for the consideration that the North Andover Plann.itag Board waive the aforesaid requirement for a bond, the undersigned covenants and agrees with the Town of North Andover as follows: 1. 'rho undersigned will riot sell any lot until the work on the ground necessary to serve such lot adequately has been completed hi the manner required in the aforesaid application, and in accordance with the covenants, conditions and agreements, thereof, (cxeept for the following particular items of work, the performance of which shall be exempt from the conditions of this contract. APR 1- I'MAN10-'10 3. The undersigned agrees to record this agreement in North Essex Registry of Reeds as required by the Rules and Regulations of the North Andover Planning Board. 3. The undersigned agrees that this contract shall be binding upon his/her heirs, executors, and adxrrinistrators, and pzrticularly 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 Ortificate of performance executed by a majority of said Planning Board which certificate shall enumerate the speclfio lots to lye so released. `l`here foe 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. IN Wl SS W EREM the undersi d app icaut as aforesaid,does hereunto set blither hand and seal this day of r4 2y r � Frtt€1'I�.F't,ifct}7r Tito� Zahortliko, T ana member T IGH DEVE�.Q�'`!NT Lir,� , tat y��, 0 185 11ickory Hill Road ' North Andover, MA 0184S FORM 3 Lot Releasr.Form 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 M B q P, : ,20�and recorded in Essex North District Registry of Deeds,Book G E Wage...1-s _ -tei&4o � ---W - -- aAc€�l?�g rtristiat ¢ enEl'Sa zud_rtaled-en�erti#+cate-atw4lATtkr � -- &ge )have been completed to the satisfaction of the Planning Board as to the following ennrnerated lots shown on Plan entitled G A KIR R F l t 1.,1D5 WX0IVt St 0M recorded with said Deeds,flan Book Plane, (r�r- Sty-said- ancl-Rei�tistr;"f, e# ' q and said lots are hereby released from the restrictions as to sale and building specified thereon. :71 w Lots designated on said Plan as follows:• +,g l (1 " ►2.1.3. It{, 5. 14. 1 '�:) r� (To be attested by a Registered Land Surveyor) Thereby certify that lot number(s) 1_-).mil_ on CA;KV.R P I tLD f oAa _r &K4do conform to layout as shown on Definitive Plan entitled" : 'e v.1.D S 1V S o 14 rTn tv .4•0etio 1 - Sheets) (o Registered}rand Surveyor i _.,.MaJoraty Of f Y V The Planning ' CHRISTOPNCR �� ..:.• Board OFThe RA FNC 36HE y t�i Town of !yRF�p610�4 4 --- survk North Andover COM{vMZIWEALTH OF MASSACHUSE`FTS ttrcl �llcW=� � 20 1 � I Theft personally appeared ol►' f the abovo.nainetl., members of the Planning Board of the Town of North Andov f, MA, And apkn vled a he foregoing Instrument to be the free act and deed of said Planning Board,lief 'e 4 1 No aarY nPublic My Commission Doboratt F.Wiltlon Notary Pubtlo My Coramisolon Expires T nn-.as �Rrrtt.�'`A� January8i-20g4 FORIM CONVEYANCE OIL EASEMENTS AND UTILITIES i L-�eVelo mend LI-C ,(hamo0foxmer)of C>�R �t�LaS 5t�'3DlUISJpN E%ie ,(address) k County, Ma achusetts; for the consideration of 4 {.0 0 , hereby grants, transfers and delivers 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, l (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 of . . ... _ foregoing, . g g p g .other acts znc►dental to the fore oin zncludzn the right .t© ass aloe .and .over-khe--land for the - j.._ ._ G.oresazdpurposes, m through, and under the whole of CAIkTlER FiEL-D RoAD dated said plan is made and said plan is incorporated herein for a complete and detailed description of said roads. B. The perpetual rights and easements to use for (describe use/purpose) the following parcel of land situated on (Street) in said Town of North Andover and bounded and described as follows: ,a O I-0 i:1 9 The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that ii it) has good title to transfer the same, and that he will defend the same against claims of all persons. c Far grantor's title see deed from C IM P EAL-r/ TRu5T dated and recorded in District Registry of Deeds, Boo], 7 Co 88 , Page (o This is not a homestead propel-ty- .._ To be completed if a mortgage exists; And So,�ern F►ve Ce'-' s Sovu� S gar'k the present holder w of a mortgage on the above described lan , which mortgage is dated y �� 200_-j and recorded in said Deeds, ; :nstru�e�r� 20084 , 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. Authorized si alure, of Mortgagee Owner _ IN WITNESS IVIEREOF we have hereto set our hands and seals this day of E I COMMONWEALTH Or AIASSACHUSLTTS ss Then personally appeared the above named `' �;� r nd acknowledged t e foregoing to be free act and deed, before me. o y Public!, My Com ssion Expires: CAI�I.OS�;HUSAK No'Nary Fublia Commonwealth of Massachusetts MY Commission Expires Ma 8,2009 NOTE: This conveyance is not effective until accepted by Town. Meeting. CSS Ex NORTH PCcISTpy or ,r A LNALIRENCiw,, MASS. �.fl COPY. AT-r�,sT: FORM U'- LOT RELEASE FOR>lll) 04STRUCTIONS: This form is'used to verify that all necessary approvals/permits rot Boards and Departments having jurisdiction have been obtained. This does no -elieu the applicant and/or landowner from compliance with any applicable or requirements *APPLICANT FILLS OUT THIS SECTION APPLICANT ra �� l PHONE 2r 68'7-7 35� LOCATION: Assessor's Map Number G Z P.4ACEL---_. _Z 3 8 rr SUBDIVISION rie r r�2 LOT (S) STREET --- __ ST. NUMBER. -OFFICIAL USE ONLY*************** * RE C MMENDAT ONS OFT WN AGENTS: C NSERVATION ADMINIST OR DATE APPROVED d DATE REJECTED COMMENTS sA T P NNER DATE APPROVED DATE REEJECTED COMMENTS �� f j(Jn0I ,S Gi,f%S L :l FOOD INSPECTOR-HEALTH DATE APPROVED DATE REJECTED SEPTIC INSPECTOR-HEALTH DATE APPROVED. DATE REJECTED COMMENTS PUBLIC WORKS-SEWER/WATER CONNECTIONS � f1 DRIVEWAY PERM F FIRE DEPARTMENT RECEIVED BY BUILDING-INSPECTOR DATE Revised 9197 jm Proposed Lot Plan Carter Field Road Lot b • Scale �/�t" — �." " 07 r - � --7 - f I --LOT 6 21,Boo--SF, I 0.50 AC. 2.2." PRaP. ` Dw�LuxG I t�2 - t I� yktiy� WALL) N LK KPPA6K P AVV Ak W CAR`teR Fi�1� Rc>!� TO1: 978-687-2635 Fax: 978-689-2 THOMAs D. ZAHORUtKO Tmi,\ LEI(-,Ft ❑h_-VEL( PNIEN•P LLC Mi;EFINGHOUSE' C.oi4MONs LLC 185 Hickory Hill Road, Not-it) Andover, NIA 018e E-mail: tzekeVcoll�cast.ijet Carter Farm Land Use and Open Space Calculations Carter Farm Site Acreage: 110.38 acres Parcel 3: 51.43 acres (development site upland 31.11 acres wetland 20.32 acres Parcel 4: 58.95 acres Proposed P lopment Par Portion of Parcel 3 Density Proof Site: 27.68 100.00% upland 25.6 92.49% wetland 2.08 7.51% Lot Areas: 9.58 34.61%u land ROW Area: 2.64 9.54%upland Total Developed: 12.22 44.15% Maximum 65% Balance Open: 15.46 66.86% Minimum 35% Open Upland: 13.38 86.66% Minimum 75% Open Wetland: 2.08 13.46% Maximum 26% Voluntary Contribution of Excess Lands: Balance of Parcel 3: 23.75 excess agricultural land upland balance 5.51 etland balance 18.24 Parcel 4: 58.95 5 building lots upland 26.96 I E wetland 31.99 Combined Donation: 82.7 upland 32.47 wetland 50.23 E Combined Carter Farm Parcels Summary: Parcel 3: 51.43 Parcel 4: 58.95 Total Land in Use: 110.38 Preserved Land: 82.7 donation 15.46 PRD Total Preserved Lan 98.16 i Preserved Land/Tota 88.93% f,✓.•'lr✓tG'%2�J� G�1 GI/tI�.t�G� .p-chi U