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1991-11-29 Legal Documents DEF SUB PRD
1 � DROLMTscar 8F TWBT 26TADWffixxiqd S PS COMMO14 M313'Y 3°RUT em -�2 e Kati* Vit0ochalli, do hereby da elsfa� that 3 and a koor.: ftane(0 . M Mat bUsundars will hold all OlAch.Drop* tie as s Mor. f d. as cas esao8a rOgt6a, or to any. hucooseat' 1s'oraund zrf.in .trust.for the solo benefit of the � 55 � J:. ....,. beneficiaries for the tize being..hesaundaar, upon the terns i hereinafter met forth. + All referances horeinaftor.to:the term I'Trustee" (altka ghh �~ �ti�•4 _ �... haroinafter used in the singular), wsharaver used L herein, shall be t$oatod as a, reference to such parson of suioh � gander and number who ate at.tho time serving as Trustes. " ��� hereunder, and shall an aagapifosbla, Srnoassdaa as the criginrgE Trustes, and such perzon(s) who hereafter are serving as a succes®or or additional Trustae(a) harsundar. All rights, powarae, authoritiaa, and privileges wozarved hereunder by and for the Tr€xatsa may be exercised by they original Truntee or by any peraaora(aa) who hereafter is or are s®rvvi:sg aeruataa(s) hereunder, subject to the 3Wovisionaa hereof. p ?� k. Name of Trufate The Trmst hereby established ehall be f '. referred to as the PHILLIPS COMMON REALTY TWJST. 2. Beneficiaries, The current beneficiaries of this Trust are the "rsons:who are Iistad..an a °°Schadula of:Pa¢riaaf ib iir es" 1 .. ... --------------- �f eF®eatting forth the raWtmg and the rag CtIva Percentags intareata ach such gsroon. Such 8dhsdulaa,halo„bsssb executed by the �SuaLas hereunder and said bvneficiarisa.o and my,from time to i tizo, be amended by an is,etgaazont to any ®uch effect ��.�y ba� j executed by the then Truct*o(s) hV$'gWIdQV and aao&a such bansficiary. if any bansficiAry as, from t.ism, to tizza,, listed La a Schedule of Beneficiaries is a trust. aptity., the rights and powers of auch entity as a banafioiary shall be sxarcisad by egli of the Trustasa thereof, or by such og t vn ass are ampowerad by "a twat instra zont therefor* to act an bahalf of such trust entity. Except as oth*rwise parmLttasd by all of tba bansficiarie®e the isnt®resto of the beneficiaries (naaabject only to descent arA distribution by will or by cperation of law) Q%alj not be, trassnaf®rable, and their raspasotive percentage IntereaRta shall remain as eat forth on said Schedule as from time tee. tiza amended. in the event of a tra¢safer .02 any Much beneficial intere at by will or by ppa.ration of law, the c5anaasnt of aby such trariafa ra* to any action by the Trustass shall, at all tisses, be preauzed to have been made and &ctual consent by any such traneferse shall not bo required. Any Trustee hisr®abler W# without impropriety, be or become a beneficiary harpur der egad exarciae all righta of a bezagiciary with th* asa ma effect ea though he were not a Trustee. I 9m TKMt Estate for hecnaf4t of The TVAw4g eeksall hold any property tr ancforrcd or corm eyed to him aag toaq &ad all isg;uaas and acarations in nwract th*r®to, fa:V . . f ® en of:the bdtigisials lace time t� tip (oared all references hareitnafter go.benaaficidaries ahaall he treated go to reference to thaa56 who are at that tiMO the b neficiaaries herotof) which ohall bsa+ recordaa in their favor or the Trust®es shall make J provision Sot di®positidns tharaog puraauant to the direction of the then ba zeficiaaries. da +arc ®8 f cis �®Qa o Subject to the writtian direction � or con4ant'of the majority in interest of the baneficiari*a, which Mall bo Concluaivaly evidenced paratuant to the provisions of aaction 6 teasel', the Trusts@ shall have power and authority to borrow money, purchase property, and assign, transfer, call, acortga44, grant leases or oytions cowering any part or all of succh property, and to grant dischargeaa and partial releaaaez of mortgagees, or otherwise dispose of all or any part of the 'trust proparty all for such consideration and upon such terms and conditioats as the Ttustaa, acting with such authority and direction or consent ahaall dross proper. 3°he'Trustes zhaal2 have full power and authority to delasgaaate by suitable writtem instrument to any person(a) , acting singly or together azAth bt her s, whether or not serving as a Trustee heratinca r, fall power and authority to perform such acts and to exacut6 ouch instruments which such Trustee might do or perform under thin D�aclaration of Wrest. Any and all instruments executed gurauarat to Sowers. herein cc.ntaain�s4 ='ay create obligations extending ever any periods of a time, including pari ode eastending beyond the date of any possible, termination of the Trust. FNctsaiti%atandiAg any prevision$ :oontaihnad bwra�in, no Trust shall be required to take a aa®tio.whIC a wil10 In a �iaiAa�. uch Trsnst®a, involve him in any pow-do sal l abi:litp unless first indemnified to his satisfaction. Any person dsaling Vita .Any Trustee sk:all.ass fully protected in acOrdance with the provisions of afectisoan a hereof. S. TRrm og Txuats armins ot. This Trust may be terwinatad at any time by a mAjority in intbreat of the bongff.eiaries by notice in writing to the Tr"tas, &nd the Tit shell tgraainate 1.1 any aysnt twenty Sao) yagra after the death 09 the original Truokaaa hereunder. Yn oaac.cX s-ny such termination, the Trustee ahall transfer and convey the specific assets constituting this trust estatQ, RUDJ40t t® MY IsasS, MOTtgagaa, amtracta, and other t naumbrancoa or m attora affecting tho trust estate to the bensficiariea In proportion to their rgopattivo is�ker®�tso S. .Rsaiqmtias2n, Removal. Addition, :a u6ciyia i;qh ®:r Any Trustee hereunder may resign by written i9astr=eant signed WA ackncwledgad by such Trustee, and auch resignation shall, ass respsdts mai estate interest in the :nma of the Mat be recorded with each such Registry of Dazda (the Registry) within eacb scO Co=ty in Which &ny reel prop&rty Interests of the Tit ar4 then locat :and in which thip eilmratIon is tc ba U &ray tigm or tizes a majority in interest 109 the nsgi6a lavies zay by Written in;str ant to .tom 'MADViP4 aS!®ct, r (with or e set ca ) a Trazt Or 404M COO or 2090 dt f a i a. U. addAtIonal. Tr Trustee(s) hQ94 44re : .:°AS:randwal ®f'a Temtaa, $� exarglSsad by. the, bensfLalari4s, by.'n. earugicats'. .reciting auch.ra a'1 executed d by any Tristoa: these in or suoce4di'atg:tag Auch afeide nd recorded (if appSi�abb®; with they Regiatry. If for any reassess the or4ina1.'firust a or any additional Trustee aa.�p�in��a8, by.the banefboiaai :shall cease: to b�& 4 Trustee. hereusnder, tho..than Cc-Trustee,'if ahy; &hail continua as 1�.�xbseate® h�resnesdar..asr+lsae a: succassor:'Trustao 'aha11 be dae�i tad.by-vritton apyp4ntmeant oP the beetaficiariea; e4rsy P®raea¢5 eppetast®d Cr euoa;®gdiasg to:tEae mP£3co or Trucgtva' S hareAnder, purauant ta,vritten appointment by,. the besteticiarias I as afo e,saidD shall bscaaa,a much. .. apgsoiaak�sastt, .t®_ba r®praa�ratad..by.�€rSten inatrum®est to that affect signed and acknowledged by awls person and the xsnikining Trbtatsss, i$..any, .and ther'supon duly recorded wit&e',the:'Rssgiestry. A statoagsat by such _successor. or additional Mote&:and the remaining Trusteas, 12,any., in. much..written., nstruzant:eg acceptance that such successor. or a4ditional Trustca.haa been duly appointed as Trustee.,,pursuant. to..the:pr®vis4oaaa:,-0.1. this. paragraph, and.that. suds,succeasor or.add;itiona.1 Trustee:acceapte. such oppointmont shall be conclusive'evidenCe. O&'his:.appointasaat: as® Trastea haraundar and of the Pacts upon which such appointment i was predicated.. L,pon the eppoa ntjpant.cf. any .:Trust"p': the title to the trust. estate shall th*raupgn..and.:without,.$he.., ,. necessity at any transfer or conveyance be vested in the said _ .. -..r.:i!:w�'?w`+ta�!Y.iY.'a.f:r.'�:_. t '✓Gi1,�e�:[iJS-.v'^�Y'b.+iySYIJ' z' - �Yi'i�iL-�LY:�Pi.!r"F".Cln'dY.kyA�.f+Gn.'2a'i.•a'�..'r�:'6 _ ... . 3.3- 5 aitional or succaesor Trustee jointly 'With the remaining— I'd irrestee¢e$a 1s any, male ®snaoeedlng Truatea ahzil hive A the rights, powara, authority and privil®gee of a Trust*® hsrounder 3 as really as Si named an are original Trustee hereunder, No Traatse small be requirad to furnish bonC 7. Amtndment of Dac*.aration of Trust, Taie bealarsticm of Tmat may be amended Proag time te� time by an instrumeAt of ax"mant signed by the then Truaatea(a) .hersunde.r and the beneficiaries, provided, In eflyo event, that. no such azan font shall become affective until eisthax (a,' auch igtrumant.ef.. amendment or (Ds) a cortifioate by any Truatein, oetting forth tho terze of such ame+sndmont, hax bean eaig nsd,. acknowladq*A and. recorded (if applioabl*) with the Ragi®try. 0. Trustee by Third parties, go Trusts* harg%xnder shall be liable for any error of Judgment nor for any lose &risinq out of any eaot of emission in good raithi but ashall be rseporasible only for hia own vi21fulj:.braaeh of i truet. No license of court, *hall be a requrUe: to.tEat"validity 09 any tranzaction msataresd into by "s Trustae(a). No psarchaaer ! or Zander ahall be sander.*any lizability, to sea to the applioatiCM lid 08 the pu8ctaaeaes laormy..or ®4 any msanay, or pr rt 3eaaaad or delivered to any Trust", or to sea that tbg terms and conditiww P of the Trust Eeava beano complied with. aa°J, a� 6t3�fiBtt.bill or gale, .as4unza 01 leen's'Aia"O Mortgega, note or oth4sr ihatr'meant execute W, appearing Srom the MwOrds at any tsy to, a1mtaa hersuWar, ill be C.QW.WCAVO erIG 14 1 Of Ovan SM : r � A Y�2❑{�1 : 1 ti relying t8n ®aa or clasining thereunder that,, at the tip oe the. 4 daiia livery W.Wrest$ this Trust was in full farce and of feat aana 11 tHaatig tFaa'execution soloed dollvvary of such inetruaiant was duly I dir*atad by the b anefiefariaaao Any person dealing with the truaaat propaarty Of the fd`Mates may always rely, without further inquiry, bn t::CigAitIc4t6 eigned by any parson appearing !ron the records at tha R64istay to be a Trutas horaudar, as to (i) whether or not the trust has boon teemieiatad, (U) who ate the Traaabaa(a) or the::"nor&diariea haorounIder, (ili) the authority of the i'ruoteefs) to aot, (iv) the eoxfetaAoea or nean®axiatence of any fAdt:or::radta:vhb_—h conotitute coinditionsm precedent to acts by... . the roxtaa(o), or'ty) any other T=ttsr garmane to the affairs of the truaata 9.: ?ftird P*Eky,Riobts:Aaaihat That Ugata ojtily. in ovary written ooaitract>Agdal by the ITruaatma(a)', retarande shaall, be had to this: Imetr=ante and any pareon cohtracting or daa lingj with the Trustee shall look only to the trust aatate or cokoua and not to i thaw:.-Trustos lndivLdually nor to: the baamaeficiariia got the paay ant:off any debtse note, aaortgagaa, judotiht os daore,a or azy other obligation or any money that aay ethasrwina becua® duo and payable:by<raaaton:of:the failure: csa thi part:of the Trust" to perform:such contract:in i0hola>Or in aairt or for khy other ©aues' or reason. Zoo>:geetian'bie A81:::Z'r4itaea; -::It is axpi®aiyaa ®gat® that it ,it appeara 4 rom the lt866kdd at'th6 At4I stgy.at C�iaads where t thisa Trust ie racdrded thit thaoaa Is more than One 'ittiatem haoraundar;: :thAn all Orf aaiifd Tru&tees, �ciat unanizouoly exercise tl ®p0 f 1. the Pow ara..af: the '8 rustas her*und4.°, includim with+ut wtim the yaharality at the foregoing, the e8s acutich of bills of atia; .aOsig ants, :daedg; agrooAants,.mdrt9200, "tog, leases and i. other inatrumants and comtra ctr,, Aim gsasdero All mfforwic®:a and use haraibn eff the Male gander or pronoun shall mean the male glander, and roOlo ante. wit use of: the :plural ah all moan singular and vice>Vas;° , Aka apt Via® such wing would aaogate &ny portion *a^. thait documant. Ixesutad bra a ocaiod instrument thOOL3 day cf septeab®r 1991. E�5ffiSie9 ��~� � Than parzonaliy a"aared tha &bcva nazed Ma i4& Vitcocha811 as ..ac8cssas Esadtho ff a n t® :he his: $gee bat eaad Notary UbIAG Reacmd6d Za%,e23,1992 at 421 ¢. 4WI6 _ �a R 1 ° a2� 8e .3ti�9 ias cera►y .SroQ,'ss.Thou ,aapkfa Dd.._.Q:i BYaO1ca1"1Rio s of ftiffl4i &iI d, U estown, Rhoda Inland, for consideration of six Zundrod.Sixty.One T3.a+qu4nsK _Dollars-: grants to.xar a 9i asochell :aa.;.aho. io:_:tx".tas:c& Rhilli0e Cron g Realty Trust under declaration of trust dated Soptaxbor 13, 1991 am �f raccrdad with Essex Northern District :Registry of Teeda'herewith, of 50 Copley Drive, Methuen, Hassaachusatts 01844 with QUITCUIN COVZPiBM a'oertaiii jikr*ae$'o! lase in Borth Andover, Essex county, Biass�sachua� tt�a;:.8ocat®d'on.the;w69t::0id&:0f Cagood Street; bsgihning at as the alorthloast corner at a point at the intersection of Phillips brook Road and..Aaclood Atreet, as; shown oat :%::plan hereinafter zaferrod'to, W runnih is a S 010.376-360 S 160.004 along the westerly aidalins of Osgood street to a point at Lot "V", S 96o•441-271, W 247,771 along Lot "Y'a to a point, thence I ° S 07o•566-18e V 208*994 elong Lot "Y" to a point, thence e 630-110-48".S:.. 82:=29°. ®long toot "Y" t4 a pint, thaace S 010-371-38a a 92.039 along Lot "Y* to a point, thence e 9 71®•as° w E :::316'94g. to a point, thence P as -364-17" 3 20.106 along Lot "Y" to a point, thence S 02oogp}�eg®a. �..... 133.010 along Lot "ya to a,point, .thence `¢ a.:47.-351-40.a 2: 1�0.:Q.0:_:.:';::d1dls�t:;:E�ei ?::ag�a:;ge>s�:: soint:On._the ea westerly side of:- good Stre6tf` thence S 03om240-ICA V .-' 837.. 9' along the wostearty sideline ®i Osgood Street. to a point at land now FA 4j or formerly rersse, the s 8 97o.043.°•371. 90oA3.I:: along land now or formerly Foraae to a point, thence a 870-44e14511 x 393.546 along land now or formarly oirase, land.nov..formerly Steer, land.now or.. t6raeriy Kawash to a point on the - easterly sideline of Massachusetts °' Avenue, thence 1lD,1.364 � . i A •ice=_- -^• • ._..:..<..^.--ram �.: .:......_-....... .... ...._.......T.•..-•.�.,.�-...++'m..:�.��..!�.*.+: November 14, 1991 Town of North Andover Divisions of Planning and Community Developement 120 Main Street North Andover, Ma 01845 Dear Mr. Huntress: Per our conversation, I am writing this letter to confirm the fact that it is the intention of Phillips Common Development Corp. to gift to the town of North Andover an area of land consisting of approx. 5.5 acres representing the 35% of open space associated with the Phillips Common Subdivision of land. The gifting of this land will take place upon the approval of the definitive subdivision plans, and the expiration of any statutory appeal periods. Additionally, the referenced parcel will be subject to any utility easements required by the developer across the open space as referenced on the definitive plan. Thank you, Phillips Comm Dev. Corp. Morris, Rossi & Hayes ATTORNEYS AT LAW 32CHESTNUT STREET ANDOVER, MASSACHUSETTS 01810 MICHAEL W.MORRIS TELEPHONE(508)475.1300 LAURENCE J. ROSSI FAX(508)474-0478 DANIEL A. HAYES,JR- MELISSA MORRIS DANISCH" 'Also admitted in NH February 24, 1993 Ms . Kathleen E. Bradley, Esquire Town Planner Planning & Community Development Office Town of North Andover 120 Main Street North Andover, MA 01845 Dear Kathleen: Pursuant to your request, I enclose the revised Certificate of Approval of the Conservation Restriction and a copy of the Conservation Restriction, which was recorded at the North Essex Registry of Deeds, Book 3385, Page 161 on January 23 , 1992 . Kindly disregard the previous Approval regarding the "Pitochelli Restriction" which I sent to your office on February 19 , 1993 . As you pointed out, it was improperly titled. Also, I have reviewed the records at the North Essex Registry of Deeds and have not found any documents recorded which grant the 5 . 5 acres of open space to the Town of North Andover. Please note that condition 12 of the Special Permit of the Planning Board states that the Planning Board " . . .will recommend to the North Andover Selectmen and Town Meeting that this grant of land be accepted. The timing of such acceptance should be made to coincide with the acceptance of the road as a public way. " Kindly review the foregoing and contact me with your comments . If you should have any questions regarding the enclosed, please do not hesitate to contact me. Thank you for your assistance in this matter. Good luck on your exams ! Very truly yours , 4 - = Melissa Morris Danisch MMD/cm enclosure GRANT OF WAY PHILLIPS COMMON NORTH ANDOVER, MASSACH USE TTS Marie Pitocchelli, Trustee of the Phillips Common Realty Trust under Declaration of Trust dated September 23, 1991 and recorded with Essex North Registry of Deeds, Book 3385, Page 130, of North Andover, Essex County, Massachusetts, for consideration paid, and in full consideration of less than $100.00 grants to The Inhabitants of the Town of North Andover, Essex County, Commonwealth of Massachusetts all of my right, title and interest in and to the way known as Phillips Common in North Andover, Massachusetts, being shown on sheet 2 of 6 of a plan entitled "Special Permit and Definitive Plan, Phillips Common, North Andover, Mass., Owner and Developer: Phiilips Common Realty Trust, P. O. Box 6700, North Andover, Massachusetts" dated October 10, 1991, revised November 18, 1991 by Merrimack Engineering Services, Inc., 66 Park Street, Andover, MA 01810, filed with the Essex North Registry of Deeds as Plan No. 11998. For Grantor's title see deed recorded with Essex North Registry of Deeds in Book 3385, Page 138 and reservation of right to convey the property granted herein in the Master Declaration of Phillips Common In North Andover, Massachusetts, Reservations and Restrictions, recorded with Essex North Registry of Deeds at Book 3385, Page 153 and the reservation contained in each of the deeds to the Lots abutting said way. WITNESS my hand and seal this day -r' of , 1994 Marie Pitocchelli Trustee and not individually COMMONWEALTH OF MASSACHUSETTS 7 ESSEX, SS. , 1994 Then personally appeared the above-named Marie Pitocchelli, Trustee as aforesaid, and acknowledged the foregoing instrument to be her free act and deed, before me, Notary Public My Commission expires: LINDA E. MARKHAM Notary Public My Commission Expires Fe:_ruary 24,2000 November 21, 1991 Town of North Andover Division of Planning and Community Development 120 Main St. North Andover, Ma 01845 Re: Phillips Common Dear Mr. Huntress: The following is a response to your letter dated November 15, 1991 listing concerns that resulted from the Phillips Common Subdivision Public Hearing that was held on November 14, 1991. 1. The revised definitive plan reflects a no - cut line along the back of those lots which abut Phillips Brook Road. Additionally, we have established a no cut line along the rear of lots 5 and 6 adjacent to the Phillips Manse Garden area. 2. The final definitive plan will highlight the property line along Osgood Street to be continued the entire distance of the lot "Y" frontage. 3. Parcel Y has been re-configured to include the garage located on the Phillips Manse Property. This has been accomplished by including Parcel "Y" as part of the entire area under the P.R.D. by law which results in a 42% open space calculation. 4. Mr. Huntress is reviewing our proposal to gift the 5.5 acres of open space to the town. His recommendation will be presented at the November 21, 1991 hearing, based on a review with Town Counsel. 5. Copies of both the Preservation Restriction effecting Parcel "Y" and the Conservation Restriction effecting the Osgood Street corridor of open space to a restriction line 200' back from the center line of Osgood Street are attached for your review. WREN H.P.NELSON Town of 120 Fain Street, 01345 a Director a: (508) 682-6483 NORTH ANDOVER BUILDING"SSACMU54`y CONSERVATION DIVISION OF PUNNING PLANNING COMMUNITY ENT November 15, 1991 Mrs. Marie Pitochelli Phillips Common Realty Trust P.O. Box 6700 North Andover, MA 01845 Re: Phillips Common - PRD Special Permit Definitive Subdivision Dear Mrs. Pitochelli: I would first like to thank you for attending last nights Planning Board hearing with regard to the above referenced Special Permit and Definitive Subdivision applications. As you know, the Planning Board officially opened both public hearings and reviewed the plans presented by your development team. After lengthy conversations with your engineer, architect, site manager and representatives of the North Andover Historical Society, the Planning Board has presented the following list of concerns: 1. A No-Cut Line shall be established along the back of all lots which abut Phillips Brook Road, Chickering Road, Osgood Street and the residential dwellings along the southern most boundary of the property. 2 . The Planning Board considers Lot Y to be an integral part of the proposal, as such all development plans should show that parcel as part of the project. 3 . Lot Y should be reconfigured so as to include the existing garage on the property of the Phillips Manse. It is my understanding that this may be accomplished while still retaining the 35% open space requirement of the North Andover Zoning bylaw. 4 . The Planning Board is in receipt of your letter dated November 14, 1991 which offers the 5.5 acres of open space to the Town of North Andover. I have asked Town Counsel to review the liability issues involved with acceptance of this parcel as public land. 69 _..� x I t � GRANT OF WAY PHILLIPS COMMON NORTH ANDOVER, MASSACHUSETTS Marie Pitocchelli,Trustee of the Phillips Common Realty Trust under Declaration of Trust dated September 23, 1991 and recorded with Essex North Registry of Deeds, Book 3385, Page 130,of North Andover, Essex County,Massachusetts,for consideration paid,and in full consideration of less than S 100.00 grants to The Inhabitants of the Town of North Andover,Essex County, Commonwealth of Massachusetts all of my right,title and interest in and to the way known as Phillips Common in North Andover,Massachusetts,being shown on sheet 2 of 6 of a plan entitled "Special Permit and Definitive Plan, Phillips Common,North Andover, Mass., Owner and Developer; Phiilips Common Realty Trust, P.O.Box 6700,North Andover,Massachusetts" dated October 10, 1991, revised November 18, 1991 by Merrimack Engineering Services,Inc.,66 Park Street, Andover, MA 01810,filed with the Essex North Registry of q Deeds as Plan No, 11998. d G For Grantor's title see deedlxcorded with Essex North Registry of j Deeds in Book 3385, Page I_U and reservation of right to convey the 1 property granted hereju-An the Master Declaration of Phiilips Common In Xor .Audawi-Massachusetts,Reservations and Restrictions, recorded with Essex North Registry of Deeds at Book 3385,Page 153 and the reservation contained in each of the deeds to the Lots abutting said way. WITNESS my hand and seal this day T?of�, 1994 Marie Pitocchelli - Trustee and not individually , COMMONWEALTH OF MASSACHUSETTS � 1 ESSEX, SS. EI d, 1994 Then personally appeared the above-named Marie Pitocchelli, Trustee as aforesaid, and acknowledged the foregoing instrument to be her,,•. free act and deed,before me, Notary Public , a _,`,„� My Commission expires,. uNDA E,MARKHAM N.Wy i.+blic '•. h4Z�pmJulo++Exdror E®cr�ur N.7QCb 6 I� 5 ::3 :8 5 26s�aaatail Road, Umamto4nn, 3thada Wend, fox comaideratgam of Six Rundred eiXty .One Thou"nd,Dollara:("61#100.00)::Wd grarntm, to.Marie pftaszohmli .an:.e1aa.'$,m::gxnaataa:of 92ni11ip® aYomson Raalty Trust under doolaratlon of trust dated gapt0W;ir 23, 1091 and racordgd with Essex Northern Diatrict..Registicy of Deeds h*ravith, of 50 Copley Drive, Methuen, Maaaachuaatts 01944 with 01dITCLAIN COVUAM a oatrtgiin parcel of land in North Andovar, Essex County, XasaAcjwaa*atts,.Eocatad on the vewt;'.iaida of Ocgo6d str®et; beginning at m the Nortii4aet corner at a point at the intermeetion or Fajillips brook 8 Road and_0,sgood .Street o as'ehown on a: plan hereinafter rotemd to, � �uan�ian�a 0 01c 271-360 E 160.001 along the westerly gid®lina oe 18 Osgood Street to a, point at Lot "YN, o< thences 4 9 8e0-801m27" W 247�77° along lot NY" to a point, thence 1. Po 8 07o-56B_1.8N W 30e.999 e1®neg Y,et "Y" to a point, thence 9 6�® g.ao4em R' SA 2:P:°.' alonng Lot "X0° to peirst, than®® 01® a71-g6" �:. 320*1 alanq Lot "Y" to A point, thence a 71®�22"-200 R 1169V. :::a?aanq: l*t egg* to a point, th6noo N $a 3 6 a-170 a 20.101 along Lot "YK to a point, thence 9`0a0 24 2.00° 'W 133.01° along rAt "Y" to a point, ,thence : 'o :o® 160—'O ari:.to a point on.the wanatrarly side of :66go'ed''dtreato thence o� a 0211m240-301; W _ 57.491 along the westerly aidelins, off Osgood Streat to a point at lanai now a: or formerly Porzsa, thence z b ° S 07 -375 W:4 :. al0an land now or a®xasa$ly iF®x�a® to a poynnt, thence 9 87®-W-4430 W along land now or fformerly:Formle, hand now formerly fitear, land now or. w„ toftatly Kew a sh to 9 point on the ® : easterly mideline of Massachusetts Avenua, thence f .-�.:.:"..-'."C�PLy= ✓i".5ea'i�]�_ ...,Err.;�bvv:�s..�.,;ssie� i�ad'%=+ma.t=-Ya,✓' w 4. .: a a ,.�.�,.s,,........�e __,. .... m 49� 073 %V along thm asmter.11y sidalina at � Maasachuzette Aveaaae to a point of curvature, thsndw along a curve to tha right Sb,435.00 'L-1:a3.9&o slorcz the rsastiarlgy miftli n* at H oemchmmetta Av a tun- to a V.4int.. Of tangency an the oaat4rly Sidollmi� 9 Chi4kmringc Road, tb6h64 1 ad 01��W�a.lgee 407.72, &long the of Chickorinq Road tee a merit on o a�ci,kA�rly ss9dgli;a of 9Fai:lli�sh Dsomkaz Road, t8a mce 434,60, along the eoutherly aaide$i2to of Phtl%lpa Brooks Road to a point, tEaaeaco N 8.70-159-39" 21 307.70t along the southerly sidel?nao oR phillipo crook® Road to as point, thence N 65®®57,09" 3 a04.821 along the.aouthzrly aaidalin® of Phillipe Brooks.Read to a point an the westagly, aidslike of Osgood street, eszi-d point bQing no point of tssgfa nirw i "id paamcel coneiogm of 14..633 acrge o8 land area and ira and 4s more particularly i one°.,peGW Permit and fi3nitivab t`lan, Pla�illip� c0mm0n' 9ott�. Phillipe ftptMon 3kimlty Traaak, P.O. Box 470g, Morth An v or,:Haamach¢a0ett4 i 14..®4z" c&aatad October :11, M l., revriemd 11M1 29 by wtiriimack 32n#n6ar:$ng zeryicaa:, Inc. 66 Parke Street, Andavor, IM ,Q40lD :"Ogt a of V filed Vith th* Krsesvx North iggiftry of Dt4da.asa Plan No. h, Meaning and intending to convey all of thg property, excluding l&t "Y", ks Phown on msid plans. Being a partion og th6 premieaecg ca nvaysad hy hora z. gkibmx to Agtnee n Brooks for life and Oum4 S. Thomas for I.fo with the remaisadsar to Charlso Lloyd Thomao, datad 3asnuary 30, 1940, recordad mith Evaex Vortb;¢xn Dlotr.ict RegiBst y of Desda,iaa Book 629, r4ge 233:am cnz irmead kay d4 da recbkded'wi,"th said v?eaft in k 642, page 343. Agnes Brock. died sa,% Tuly 6, 1940, Bee death certificate recorded herewith. Susan S. Tham&z (afke✓ Barisal 0. Thomas) dead an Dagemb ar 19, 1937, gge death ozrtiBira.ts rscorded-with Zsoax �rortherra Digtr ct b8giatry of d2ea d a in ok 2814, page 191.8, glee affidavit of Grantor, s'estardead htrvwith� For Gksnstcr°a tit a glee estsata of Usanx Probata No. 3572:01, as celyn Parkar Th6masg::pa/kai 36-cealyn P. Tho og hold4er of.a life estato diaad on Decozbor 1.4, 1992, sea Zscm Prab&te No. 3:59332. Witaagos mF.h&nd W14 SQ&7, az of Wo nand day of Xamiaay, 1992. '$..laM Cray ro. v3 l e ado . ® 'fnmaz) OF =5zACw63TT3 3 b, ffi$ a78YIImary 22, 8992 Haan porman ally ep red has vs.A"e.d wJ7.li&m Crecy 18rcK s Th e (a/Va V> 0, Ors ) aM.6r a f0r"O iasetraams eat tu:bs his Emcee act WA AS" from me asion Rewded Jan®231199 at 4glsm #2017 .�. 3 2 Registry of Deeds, consisting of 5 acres. Located from station 0-00 to y ` y 6tation 3-54.72. Brian Lawlor and others n VOTED unanimously to adopt this article. ARTICLE 51. ROADWAY ACCEPTANCE - PHILLIPS COW40N. To see if the Town r. will vote to accept the roadway as a public way, namely Phillips Common, as E := 'shown on sheet 2 of 6 of a plan entitled "Special Permit and Definitive Plan, y . Phillips Common, North Andover, Massachusetts, Owner and Developer: Phillips i Common Realty Trust, P.O. Box 6700, North Andover, Massachusetts, 018450, 4. dated October 10, 1991, revised November 18, 1991, by Merrimack Engineering ,Services, Inc., 66 Park Street, Andover, MA 01810, containing sheets one r ; `:.through six (1-6) , filed with the Essex North Registry of Deeds as Plan -Number 11998, Located from Station - to Station 16-94-51. Brian Lawlor and others - F VOTB.D to take No Action on this article. h s ARTICLE S2. ACCEPTANCE OF PARCSi. of LAND ENTITLED PHTLLIPS COMMON. To w_ s . '.'see if the Town will vote to accept a parcel of land located on Osgood Street f r . -,3rzand Massachusetts Avenue shown on a ,plan entitled "Phillips Common" as �j. referred to as "Open Space" dated October 10, 1991, revised November 18, n*d 1991, by Merrimack Engineering Services, Inc., 66 Park Street, Andover, MA 01810, containing sheets one through six (1-6) filed with the Essex North Registry of Deeds, as Plan number 11998. ..;.;;.m;,; R.. Brian Lawlor and others �1 VOTLiD unanimously to adopt'this article.: i ARTICLE 53. ACQUISITION OF EASEMENT - LOIS H. DffiMEi2S. To see if the Town will vote to authorize the Board of Selectmen to acquire from �y Lois R. Demers by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a k. . 'sewer, in, along, and upon the area which is a portion of parcel 33 onry 4 ; i `Assessors Map 103 (hereinafter "easement premises") as shown on a planX ' �s ; entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 fix. inch = 40 feet, May 15, 199i", prepared by Linenthal Eisenberg Anderson, � x r 4 Inc., to be recorded herewith., bounded and described, according to said plan, as follows: i� ram) Beginning at a drill hole in a stone wall at the northerly side of � Winter Street (a private way) said point being 504 ± feet easterly of Bridle P Y P g Y Path Road, thence; 5 81-36-04 W Along Winter Street, a distance of 14.44 feet to a point, 2 t thence; 195 k r North Andover MIMAP August 16, 2017 0 G9iIG8{EEZt�G €2F3P D S3BAY STrA FE Ftt} .® 058 B-0027 14 BAY�ir a A�ZiE ftCDA®, 058 B-003`0 058.E=0024 ti 058:A 001$ 2�2 BAY STrAI E GOOD'- TE$EE r� ��� 36 BAY S'fA'fE FL6BA��- tb$�B`AY STrA1E FIOA13 . 204 mSGt3(9C� STFIEET 058 B 0032 42 BAY S7'rATE E$t)AF� S6 BAY STAGE F2CBAD ��' O 058.A 0019 28 BAY 5Tr �� ��x„ 058.A-0010 � � o 058.A-0016 1058.E-0025 �,'r..' rr� 51„� 36�1 CHI•Ct4EtZIfVG FgOA� - F°FEIL.LIr'S BrI(S(JF6S RGtAB3 � 058,L�f��i�S,,, 058.0-0057 O i35GGC3� STF2EET 75 P1�ILLIF'SSllh�Ce� 05S 0038�,i�i " 058.0 00�1'� 83 E'6iILLIF'S+Gg3INP��h9 6� 9�FIILLIBS �F�BP �h�'` f'�`' F�FEILLIPS C�t�libt0�; 058 0 0040 �%S8 0 00�� , 58.0-OQ i68 GSGd)S)O 5l FiEET 058 0-0050 38'PF6ILf�IP�CGPAM1�®P3 � ;%, '� ,, �`� 586 NlA55ACh9� SETTS r tPEfVEJE "� �` ``�¢>~s'I� 64 PEfILEI6'S GGC�IP�It2lW 58:0-0015 � 10 s�FiILLI �S GGMPAOEVf "• �� ��� �)��¢�s�H��¢ 058.0-0.052 058 0-0036 0580-0053 058 0-0043 10� Pt�I6�LIPS GOivf�t3l� � � 54 S�F�ILLIPS C(7iN�OB� 058.0-00�49 S,��PfiIL�F'S G(3P�dh9�t� 058.0-00�4 1�14 PIiILLIPS GLDP��90•,i�H _ �` ��� ���j��' ,� 44 �'F�ILLI�S G�i>5h�(Bn1, 109 F eOILLIBS�GIPriM1rlOh� �124 F'6iILLIP'S,C(�N1N1't3�3 4 05$.0-0054 4 U, t �058 0 004Y7 r f " *,;,y 28 r't-3ILLTPS G�E�P3{)(V 43'F'E-4ILI�PS GC3P��£2t� I 1�8 ��ILL�BS��l+9fbtUtd 058.0-0055 ra 058.0 10045 058 0 0034 el �9 1� °'t�ILLIF� t3.FANfC9(Y;. 058.Q0056 �V@�� r '058.0-0024�23' E�F[ILLT[�S Gf3�t�Q(+� J58 0 0031 ]9 €'F I1.1zT 5 Gf�iAP �lN 058.0-0033 058.0-0059 � ._ 1 '�i �"" �11 €�IiILLIPSG�t�t�t3PJ 059.0-0015 6•15��+9ASSAC6-{EJSE'f�'SAl9Ef�fJE 059.0-0090�'�` 059.0-0066 120 f35G��6) STFaEE 0 GOB1: ESTONE GIT€LGLE 6�72 P9A5S'A69i1}SE S At�EB�il�E 046.0-0045 9 643BBLESTOfVE IR !E 059.0-0091 059.0-0005 6r?8 t�ASSAGF9ElSElI S A—EN. E ❑MVPC Bo Site Address Horizontal Datum:MA Stateplans Coordinate System,Datum NAD83, Interslates Meters Data Sources:The data for this map was produced by Merrimack =Interstate AORTN Valley Planning Commission(MVPC)using data provided by the Town of —Major Road Of dt`t u t�N North Andover.Additional data provided by the Executive Office of Roads t +s Environmental Affaim/MassGIS.The information depicted on this map is e=¢Easements for planning purposes only.It may not be adequate for legal boundary O —• '" A` definition or regulatory interpretation.THE TOWN OF NORTH ANDOVER Parcels # D MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING {t Y THE ACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITY OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT • 09 .. `` • ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF THIS INFORMATION �9SSACMUS�t 1"=143ft METES AND BOUNDS DESCRIPTION LOT Y NOVEMBER 27 , 1991 Beginning at the northeast corner , at a point on the westerly sideline of Osgood Street , at a point at Lot X-2 , running : S 010- 27 ' -36 " E 141 . 87 ' along the westerly sideline of Osgood Street to a point , thence S O40-20 ' -28 " W 16 . 54 ' along the westerly sideline of Osgood Street to a point , thence S 420-4l ' -59 " E 9 . 49 ' along the westerly sideline of Osgood Street to a point , thence S 010-24 ' - 11 " W 50 . 38 ' along the westerly sideline of Osgood Street to a point , thence S 220- 14 ' -34 " W 53 . 68 ' along the westerly sideline of Osgood Street to a point , thence S 020-24 ' - 20 " W 143 . 64 ' along the westerly sideline of Osgood Street to a point at Lot X-1 , thence N 870-35 '- 40 " W 160 . 00 ' along Lot X- 1 to a point at Lot #6 , thence N 020-24 '-20 " E 133 . 01 ' along Lot #6 to a point, thence S 880-36 '-17 " W 20 . 10 ' along Lot #6 to a point , thence N 710- 29 ' -30 " W 31 . 96 ' along Lot #6 to a point , thence N 010- 27 ' -36 " W 32 . 93 ' along Lot #6 to a point , thence N 830-31 ' -48 " W 52 . 29 ' along Lot #6 to a point at Lot Z , thence N 070- 56 '- 28 " E 208 . 99 ' along Lot Z and Lot #7 to a point at Lot X- 2 , thence N 860-48 '- 27 " E 247 . 77 ' along Lot X-2 to a point on the westerly sideline of Osgood Street. Said parcel contains 89 , 165 square feet land area and is shown as Lot Y on a "Special Permit and Definitive Plan of Phillips Common , North Andover , MA, dated October 10 , 1991 , Sheet #2 of #6 , Merrimack Engineering Services , 66 Park Street , Andover , MA 0 1 8 1 0 . " N4FDQ1KAAr'V FNrwFFrnNr,eFRviC.Fs INC' . M PARK ;TPrFT . AN nvFR_MASW'HUSFTTS Agin ~ EXHIBIT A CONSERVATION RESTRICTION AREA Number l Beginning at the northeast corner, at a point on the westerly sideline of Osgood Street, and the southerly sideline of Phillips Brooks Road , running : 3 850-57 "-09 " W 200 . 00 » along Phillips Brooks Road to a point at land designated "open space , " thence � 010-22 '-27 " E 157 . 82 ' across land designated "open space " to a point at land designated Lot Y � thence , W 860-48 -27 ° E 200 . 12 ` along Lot Y to a point on the ' westerly sideline of Osgood Street, thence N 010-27 '-30 " W 160.00 / along the westerly sideline of Osgood Street to a point at Phillips Brooks Road , said point being the point of beginning . Said area is depicted as "Conservation Restriction Area #l " containing 31 ,687 square feet land area and shown on a "Special Permit and Definitive Plan of Phillips Common , North Andover , MA, dated October 10 , 1991 , Sheet #2 Of #0 , Merrimack Engineering Services , 66 Park Street , Andover, MA 07810. " Number 2 Beginning at the northeast corner, at a point on the westerly sideline of Osgood Street, at land designated as Lot Y , running : N 870-35 /-40" W 160 . 00 ' along Lot Y to d point at Lot #6 , thence 3 020-24 '-20 " N 270 . 12 / along Lot #6 " Lot #5 ° and across land designated "open Space" to a point at land of ForZse , thence N 870-53 '-37 " E 160 . 50 / along land of ForzSe to Q point QD the westerly sideline of Osgood Street, thence N 020-24 /-20 " E 257 . 49 , along the westerly sideline of Osgood Street to d point at Lot Y . Said area is depicted as Conservation Restriction Area #2 and COUtdinS 42 ,208 square feet land area and is shown on a "Special Permit and Definitive PlQD Of Phillips Common , North Andover , MA, dated October lO, 1991 , Sheet #2 of #b ° Merrimack Engineering Services , OO Park Street, Andover, MA 01810 . " msnnwAcx ENGINEERING SERVICES,INC. ^ 66 PARK STREET ~ ^mooveR,wAoAcxuxaTSo1am METES AND BOUNDS DESCRIPTION - EASEMENTS PHILLIPS COMMON - NORTH ANDOVER NOVEMBER 20 , 1991 SANITARY SEWER Beginning at the northeast corner , at a point on the westerly sideline of Phillips Common at Lot #14 , running : Southeasterly along the westerly sideline of Phillips Common to a point on Lot #15 , thence S 880-37 '-37 " W across Lot #15 on a line 10 ' parallel to the property line between Lot #14 and Lot #15 to a point at land marked "open space " thence N 490-34 '-00 " W along land marked "open space" along Lot #15 and Lot #14 to a point, thence N 130-50 '-42 " E along land marked "open space" along Lot #15 to a point, thence N 880-37 '-37 " E along a line 10 ' parallel to the property line between Lot #14 and Lot #15 to a point on the westerly sideline of Phillips Commons . Said easement being 20 ' wide and shown on the "Special Permit and Definitive Plan of Phillips Common , North Andover, MA, dated October 10, 1991 , Sheet #2 of #6 , Merrimack Engineering Services , 66 Park Street, Andover, MA 01810. " DRAINAGE Lot 13/14 Beginning at the southwest corner, at an angle point in the property line of Lot #14, at the land marked "open space " running : N 130-50 '-42 " E 120 . 51 ' along land designated "open space " to a point dividing the property between Lot #13 and Lot #14, thence N 130-50 '-42 " E 62 ' along land marked "open space " to a poing at Lot #13 and land marked "open space" thence MERRIMACK ENGINEERING SERVICES,INC. - 66 PARK STREET - ANDOVER,MASSACHUSETTS 01810 2 Southeasterly across Lot #13 to a point on the property dividing Lot #13 and Lot #14 , said point being 30 ' south- east of the property corner dividing the open space and Lot #13 and Lot #14 , thence Southwesterly across Lot #14 to a point located 5 ' southeast of the property line dividing Lot #14 and the open space , thence S 130-50 '-42 " W 75 ' across Lot #14 on a line 5 ' parallel to the division line between Lot #14 and the open space , thence N 490-34 ' -00 " W along the property line between Lot #14 and the land designated open space, to the point of beginning. Said area is shown as a drainage easement on the "Special Permit and Definitive Plan of Phillips Common , North Andover , MA, dated October 10, 1991 , Sheet #2 of #6 , Merrimack Engineering Services , 66 Park Street, Andover, MA 01810. " Lot #15/16 Beginning at the northwest corner at a point 20 ' northwest of the point of property line division between Lot #15 and Lot #16 and land designated "open space , " thence running Easterly across Lot #15 to a point on the property line between Lot #15 and Lot #16 at a point 87 . 44 ' west of the westerly sideline of Phillips Common , thence Southeasterly across Lot #15 to a point on the property line dividing Lot #16 and the area marked "open space " thence N 490-34 '-00 " W 20 . 00 ' along the property line between Lot #15 and land marked "open space" to a point of beginning. Said easement marked as a variable width drainage easement on a "Special Permit and Definitive Plan of Phillips Common , North Andover, MA, dated October 10 , 1991 , Sheet #2 of #6 , Merrimack Engineering Services , 66 Park Street, Andover, MA 01810. " MERRIMACK ENGINEERING SERVICES,INC, - 66 PARK STREET - ANDOVER,MASSACHUSETTS 01810 3 Lot #13 Beginning at the southeast corner, at a point on the westerly sideline of Phillips Common, at the property line between Lot #13 and Lot #14, running: N 700-49 '-10" W 91 68 along Lot #14 to a point at land "open space , " thence N 130-50 '-42 " E along the divisional line between Lot #13 and land designated "open space , " thence S 700-49 '-10" E along a line 20 ' parallel to the property line between Lot #13 and Lot #14 to a point on the westerly sideline of Phillips Common , thence Southerly along the westerly sideline of Phillips Common to a point at the intersection of the property line between Lot #13 and Lot #14, said point being the point of beginning. Said area is shown as a 20 ' wide drainage easement on a "Special Permit and Definitive Plan of Phillips Common , North Andover, MA , dated October 10 , 1991 , Sheet #2 of #6 , Merrimack Engineering Services , 66 Park Street, Andover, MA 01810. " WATERMAIN Lot #8 Beginning at the southeast corner at a point on the easterly sideline of Phillips Common, at the division of Lot #8 and land designated "open space" running: N 140-00 '-03" W 142.36 ' along the property line between Lot #8 and land designated "open space" to a point, thence N 630-32 '-26 " W along the property line dividing Lot #8 and land designated "open space, " thence S 140-00 '-03 " W across Lot #8 along a line 10 ' parallel to the division line between Lot #8 and land designated "open space, " to a point on the easterly sideline of Phillips Common , thence MERRIMACK ENGINEERING SERVICES,INC. - 66 PARK STREET - ANDOVER,MASSACHUSETTS 01810 4 Southeasterly along the easterly sideline of Phillips Common to a point at the property line between Lot #8 and land designated "open space" said point being the point of beginning. Said easement is 10 ' wide, and shown on a "Special Permit and Definitive Plan of Phillips Common , North Andover, MA, dated October 10, 1991 , Sheet #2 of #6 , Merrimack Engineering Services , 66 Park Street, Andover, MA 01810. " Lot #7 Beginning at the southwest corner, at the property line between Lot #7 and land designated as "open space , " at a point on the easterly sideline of "Phillips Common , " running : N 140-00 '-03 " E 145. 90 ' along the land designed "open space" to a point, thence S 630-32 '-22 " E along the property line dividing Lot #7 and land designated "open space, " thence S 140-00 '-03 " W across Lot #7 along a line 5 ' parallel to the division line between Lot #7 and land designated as "open space , " thence Northwesterly along the easterly sideline of Phillips Commons to a point at land designated "open space . " Said easement is 5 ' wide, and shown on a "Special Permit and Definitive Plan of Phillips Common , North Andover, MA, dated October 10, 1991 , Sheet #2 of #6 , Merrimack Engineering Services , 66 Park Street, Andover, MA 01810. " ENTRYWAY EASEMENT West Beginning at the southeast corner at a point of curvature on the northerly sideline of Massachusetts Avenue , running : N 400-25 '-30" E 10.00 , across land designated "open space" to a point, thence Northeasterly across land designated "open space" to a point, thence MERRIMACK ENGINEERING SERVICES,INC, - 66 PARK STREET - ANDOVER,MASSACHUSETTS 01810 5 S 490-34 ' -30" E 10. 00 , to a point on the west side of Phillips Common , thence S 400-25 ' -30 " W 10. 00 , to a point of Curvature on the west side of Phillips Common , thence along a curve to the left R=25 . 00 L=39 . 27 along the westerly side of Phillips Common to a point of curvature on Massachusetts Avenue , said point being the point of beginning. Said easement is shown as a wall and landscape easement on a "Special Permit and Definitive Plan of Phillips Common , North Andover, MA, dated October 10 , 1991 , Sheet #2 of #6 , Merrimack Engineering Services , 66 Park Street , Andover , MA 01810 . East Beginning at the southeast corner , at a point of curvature on Massachusetts Avenue , running : N 400-25 ' -30 " E 10. 00 , along land designated "open space " to a point, thence Northerly across land designated "open space " to a point, thence N 490-34 '-30" W 10 . 00 , across land designated "open space " to a point on the easterly side of Phillips Common , thence S 400- 25 ' -30 " W 10 . 00 , along the easterly sideline of Phillips Common to a point , thence along a curve to the left R=25 . 00 ' L=39 . 271 to a point of curvature , said point being the point of beginning. Said easement is shown as a wall and landscape easement on a "Special Permit and Definitive Plan of Phillips Common , North Andover , MA, dated October 10 , 1991 , Sheet #2 of #6 , Merrimack Engineering Services , 66 Park Street , Andover , MA 01810 . " .CONSERVATION RESTRICTION AREA Number 1 Beginning at the northeast corner , at a point on the westerly sideline of Osgood Street, and the southerly sideline of Phillips Brooks Road , running : MFRRIMACK ENGINEERING SERVICES. INC. ® 66 PARK STREET ® ANDOVER,MASSACHUSETTS 01810 ' ~ - 6 - S 850-57 /-09 " W 200.00 / along Phillips Brooks Road to a point at land designated "open space , " thence 3 010-22 '-27 " E 757 .02 ' across land designated "open space" to a point at land designated Lot Y ° thence N 860-48 '-27" E 200. 12 ' along Lot Y to a point OD the westerly sideline of Osgood Street, thence N 010-27 '-38 " W 160.00 ' along the westerly sideline Of Osgood Street to a point at Phillips Brooks Road, said point being the point of beginning. Said area is depicted as "Conservation Restriction Area W" containing 37 ,587 square feet land area and shown on a "Special Permit and Definitive Plan Of Phillips Common , North Andover, MA, dated October lO , 1991 ° Sheet #2 Of #6 ° Merrimack Engineering Services , 66 Park Street, Andover , MA 01810. " Number 2 Beginning at the northeast corner , at a point on the westerly sideline of Osgood Street, at land designated as Lot Y , running: N 870-35 /-40" W 157. 43 ' along Lot Y to a point at Lot #6 , thence 3 070-20 ^-36 " E 39 , 78 ' along Lot #O to a point at Lot #5, thence 3 370-20 `-34" W 17 .12 / along Lot #5 to a point on the easterly boundary of Lot #5 , thence 3 020-24 :-20" N 221 .88 / across land designated "open space " to a point at land of Fnrzse , thence N 870-53 /-37 " E 160, 50 ` along land of Forzse to u point on the westerly sideline of Osgood Street, thence @ 020-24 '-20" E 257 .49 ' along the westerly sideline Of Osgood Street to a point at Lot Y. Said area is depicted as Conservation Restriction Area #2 and contains 41 ,966 square feet land area and is Shown on a "Special Permit and Definitive Plan of Phillips Common , North Andover, MA, dated October lO, 1991 , Sheet #2 of #6 , Merrimack Engineering Services , 66 Park Street, Andover, MA 07810. " ~ ` METES AND BOUNDS DESCRIPTION LOT Y N0VEMBER 28 , 1991 Beginning at the northeast corner, at a point on the westerly sideline of Osgood Street, at a point at Lot X-2 , running : S 010~27 /~36w E 141 .87 / dlong the westerly sideline of Osgood Street to a point, thence 3 040-20 '-28n W 15. 54 ' alomg the westerly sideline of Osgood Street to a point, thence 5 420-4T '-59 " E 9.49 ' olon3 the westerly sideline of Osgood Street to a point, thence S 010-24 /~11 ' W 50 . 38 ' along the westerly sideline of Osgood Street to a point, thence 3 220-14 /~34" W 53 .68 / alOng the westerly sideline of Osgood Street to a point, thence 3 020-24 /-28" W 143 . 64 / along the westerly sideline of Osgood Street to a point at Lot X-1 , thence W 870-35 '-40" W 157 . 43 ' along Lot X-1 to a point at Lot #h ° thence N 070-20/-36" W 133 . 51 ' along Lot #6 to a point, thence o / N 7l -�9 -3O" N 31 . 96 / along Lot #0 to d point, thence o / N 07 ~�7 -3§" W 32 . 93 / along Lot #d to a point, thence N 830-37 /~48" W 52 .30 ' along Lot #8 to a point at Lot Z, thence N 070-56 '-28" E 208. 99 » along Lot Z and Lot #7 to a point at Lot X-2° thence N 860-48 '-27" E 247 . 77 / along Lot X-2 to & point OO the | westerly gYde| fOe of Osgood / Street. | Said parcel contains 90,329 square feet land area and is shown as Lot Y on U "Special Permit and Definitive Plan of Phillips CO00OO" North Andover, MA" dated October lO, 1991 ° Sheet #2 of #6 ° Merrimack Engineering Services , 60 Park Street, Andover, MA Dl87O. " > � / i � wsmnmAcx ENGINEERING SERVICES,INC. ^ uu PARK STREET ~ ^moovcn w^sSsHuuE7m 01810 CONSTRUCTION SCHEDULE PHILLIPS COMMON - MASSACHUSETTS AVENUE NORTH ANDOVER NOVEMBER 20 , 1991 ITEM REQUIRED ACTION ESTIMATED DISRUPTION DAYS Sanitary Sewer Cut pavement, install 2* pipe , patch/pipe roadway Storm Drain Cut pavement, install 2* pipe , patch/pipe roadway Gasmain Cut pavement, install 1 * pipe , patch/pipe roadway Watermain Cut pavement , install 2* pipe , patch/pipe roadway Telephone Connection Connect overhead wire to 1 ** underground Electric Connection Connect overhead wire to 1 ** underground Cable T. V . Connection Connect overhead wire to 1 ** underground Phillips Common Paving Construct gravel base and 1 /2** pavement Sidewalk on Mass . Avenue Construct gravel base and 3** pavement *Where roadway physically disturbed , traffic impaired **Where roadway not disturbed , traffic slightly disturbed MERRIMACK ENGINEERING SERVICES,INC. - 66 PARK STREET - ANDOVER,MASSACHUSETTS 01810 SANITARY SEWER, IN TER IN EASEMENT Phillips Common bGVGl0pM nt Corp.. , a Massachusetts corporation with a usual place of bu insss at 50 Copley ]give, Methuen, Essex County, Maswhqxstts, 01844, owner of a certain parcel of land situated in North Andovorr Essex County, Massachusetts hereinafter described or nominal consideration, legs than 100. 0O, .paid, grants to the TOWN OF NORTH ANDOVER, a municipal corporation located in said Zs6QX County, having the address: Town Hall, 120 Main Street, N. Andover, Massachusetts 01848, the right and easement, across, under, and through the property hereinafter described for the purpose of laying, relaying, erecting, constructtpy, reconstructing, altering, maintaining and operating underground: sanitary sewer pipe line or lineal drainage pipe line or lineand; and water main pipe line or lines. By accepting this easement grantee agrees that grantee's access to said land shall only be at reasonable times and in' a reasonable mariner and only as reasonably necessary for the purposes allowed herein. In the event said land is dug up or disturbed by ,grante , grant** agrees to restore said land as near as possible to the condition it was in prior to it being dug up or disturbed. The location of the respective easement areas for the sewer, drainage acid water main are identified on Exhibit A attached hereto. For Orantors title coo deed of W.G. Brooks Thomas to Phillips Common Development Corp, , dated January ®, 1992 and recorded with Essex North Registry of Deeds at Book Page Witness its hand and se4l this day of PHILLIPS COMMON DEVELOPMENT CORP. By: a E. P 'Noah 1 , its President COMMONWEALTH Or MASSACHUSETTS Eisaekr age Then personally appeared the above-named Marie E. Pittoch lli and acknowledged the foregoing instrument to be the free act and deed of Phillips Common Development Corp. Notary Pu c My conzission expires$ M L n :: &Oc ptanc X ${gwn o North ,AYndoyer ACCEPTED on behalf of the Town of North Andover by its BOARD OF 6ELZC EN, under authority of the Town 'of North Andover, and every .oth r authority, this o , . d2- 10, 1.302 The easement area shall be a portion of the property located on Osgood Street in Xorth Andover, Essex County, 43A, shown on a plan entitled "Sp vial Permit and DefinitivQ plan of Phillips Common, North Andover, MA, dated dctober io, 1991, Sheet of #6, Merrimack Engineering services, 66 Park Street, Andover, MA 01810"t which plan has boon revised November Is, 1991, which is filed with Bosax North Registry of Deeds herewith. The sanitary sewer, drainage and water main easement areas shall be that portion of said land hicsh is bounded and described as follows: 1011.302 DEC 2t fit 111126 MERMACK KHO SERVES METES AND SOUNDS HSCUPTI04 ® EASEMENTS PHILLIPS COMMON , - NORTH ANDOVER NOV3*19A 20, 1991 SANITARY SEWER Beginning At the northeast corner, at a point on the Westerly sideline Of Phillips Common at Lot #14, running: Southeasterly 0on the Westerly sideline of Phfl ?i�$ Common to a point on Lot #15, thence S 880-37 -37 " W across Lot #19 on a line 16 , arallel to the property line etween Lot #14 and Lot #16 to a toint at land marked "open space" hence N 490-341-000 W along land marked "open space along Lot #15 and Lot #14 to a point, thence N 130-601-4211 1 along land marked "Open space" along Lot #15 to a point, thence N 880-371 -370 E Along a line 10 ' parallel to the property line between Lot #14 and Lot #16 to axint on the wasterly ,si'd sideline of Phillips coyamons said easement toeing 20 ' wide 4nd shown on the "Special Permit and Definitive Plan of Phillips Common, North Andover, MA, dated October 10, 1991 , Shoot #2 of #61 Merrimack Engineering Services , 66 Park Street, Andover, MA 01810. 11 DRAINAGE Lot 13/1 Beginning at the southwest corn ors at an angle point in the property line of Lot #14o at the land marked "open space" running: N 130-601-4211 E 120, 51 , along land designated "open space" to a point dividing the property between Lot #13 and Lot #14, thence N 130-50 '-42 " E 621 longland marked "open space" to a pong It at Lot #13 and land marked open space' thence u16wU&e".v ON&-1NF;j*1KP—* INCt. o 46 PARX MEET v ANDOVER,MASSACASMS 01 W DEC 1® 'il 09126 MgRMRCK KNQ SIRUE 1'. 16 Southeasterly across Lot #13 to a point on the property dividing Lot #13 and Lot #1 , said point being 30 ' south- a st of the property corner dividing tho open space and Lot #13 and Lot #14, thence Southwesterly across Lot #14 to a point located 5 ' 0 heart of the property line dividin Lot #14 and the open spac , hence S 130-501- 2 " W 76 ' across Lot #14 on a 1 ine S ' aralll to the division line etwe n Lot #14 and the open space, thence N 490-34 '-00" W along the pro erty line between Lot 14 and t e land designated open space, to the point of beginning. Said area is shown as a drainage ear ment on the "Special Permit and Definitive Plan of Phillips Common North Andover, MA, dated October 10, 1991 , Sheet #2 of #R , M rrmack Enginooring Services , 66 Park Street, Andover, MA 01810, " Lot #l5/16 Beginning at the northwest corner at a point 20 ' northwest of the Dint of property line divi.sian between Lot 015 and Lot #16 and and designated "open space, " thence running Easterly across Lot #16 to a point on the roper line between Lot #15 and at #16 at a point $7.44 ' west of the esterly sideline of Phillips Common, thence Southeasterly across Lot #15 to a point on the property line dividing Lot #16 and the area marked "open space" thence N 490-341•00" W 20. 00 ' along the property line between Lot #15 and land marked "open p c " to a point of beginning. Said easement marked as a v4riable width drainage easement on a "Special Permit and Definitive Plan of Phillips Common, North Andover, MA, dated Octob r 10, 1991 , Sheet #2 of # , Merrimack Engineering services , 66 Park Street, Andover, MA 01610. " i .r. ,u.Ary cnr_nttPsrJC sCfYvl s:INC. , 66 PAAX t RIV ® AND04R.MA3WHURTM 01810 DEC le 191 09126 MERMACK ENO E[RUPS P. 17 Lot #13 Seginning at the southeast corner, at a point on the westerly sideline Of Phillips COMmonm at the property line between Lot #13 and Lot 1 , running® N 700-49 '®10" W 91 . 6$ ' along Lot #14 to a point at lard "open space , " thence N 130.30 '«42 " 8 along the divisional line between Lot #13 and land designated "open space, , thence 700®49 'b10" E along a line 201 parallel to the Property line between Lot #13 and Got #14 .to is point on the westerly sideline of Phillips Common, thence Southerly 4lon the westerly sideline of Ahi1 fps Common to a point at the intersection of the property line between Lot #73 and Lot #14, said point being the point of eginning. Said area is shown as a 20 ' W14g drainage easement on a "Special Permit and Definitive plan of Phillips Common, North Andover, MA, dated October 10, 19919 Shoat #2 of #6, Merrimack Engineering Services , 66 Park Street, Andover, MA 01810. 11 WA72RMA1H Lot #8 Sogimning at the southeast corner at a point on the easterly sideline of Phillips Common , at the division of Lot #8 and land designated "open space" running: N 140-00 '-03" W 142.36 ' 47on the property line between Lot 8 and land dent nated "open space" to a point, thence N 630P32 «26 " W along the property line dividing Lot #8 and land designated "open I space, " thenea i S 140-00 ' ®03 " W a7cross Lot #8 along a line 10 ' parallel to the division line etweerc Lot #8 and land desi naed "open space, " to a poin on the easterly sideline of Phillips Common , thence i t1r.MM%JAflv F%11- le EnM IPM OVYh At^92 401- . bA. 4 6A1Pk9VQfe RAAkkAr.WIIQ=M MAIM � N MASTER DECIARATT01f OF PHILLIPS COMMON tN NO TA ANDOMir MASSACHUSETTS SERV , �. ICTIONS This t r DeclarationPhillips Common made this day of 199 by Phillips Common DeV to ment Corp—. (heraina ter r rr l nt) , being the record owner of certain land located n O t, North Andover, Essex County, Massa6husstts, hereinafter mor rticul rly described in Article l below. WHEREAS, Deol r nt intan4s to create residential community on said land, to .ether wi h other amenities therein, including without limitation, public and/or private ways for circulation, access to residoneso andutility serviceal and ERE , in furtherance thor o ' t is desired to establish common and mutual covenants, conditionst reservations nd r strictiosp NOW THEREFORE, D of r nt horeby declares, provides and covenants an fallow $ ARTICLE ��yy yf y1 I .Y/ J MV_ 1 OT 'Y R Being Lots 1 through 26 shownon' & plan entitled "Special Permit and Definitive plan of Phillips Common, North Andover, MA, dated October 10, 1991, $heats #1 through , Merrimack Enqihearing Services, 66 Park Strestj Andovero XA 01 1011, which plans have been revised November 1 , Y 91, and recorded herewith, ARTME 11 LAND 0 1dATjONS PROPEaTY_.W_UP_V ICIONS Section 2. 01 Land Classificationg The land within Phillips on to hereby divided into the following use classificationsi A. Resid nt Areas. in to the lot designations set forth in Article I hereof, o1% of the lots numbered and designated as ResidenceLots. . Cox=6n....Ar a Referring o the semen now designated o r cord, or to b h r in ft r designated by Declarant in its sole disorationas being reasonably necessary, being situated wain the subject property described in Article I above, including without limitation, the customary utility casements, wrat rmain easements, drainage easements, being recorded with Essex North Registry of Deeds, and the perpetual 10, 1.309.1 appurtenant rights and eas to each lot owner shown on aid plan to use all roadways now, or hereafter, together with others lawfully entitled thereto. Section 1. 02 . Residence Ar it ed Uses and Restrictions. Each Residence Lot shall ba for the exclusive use and benefit of the owner or owhati thereof, subject, h.ow v r, to all of the following limitations arA rostriotioisi A. Residential Use. No building or other structures of any kind aall be r cted, placed or allowedto stand on a Resident Lot except ingle family resident.iAl dwelling house permitted under applicable law, together with accessory buildings and structures normally ppu t to such a dwelling situated in North Andover. All garalas shall he constructed as an integral part of the dw llin house and shall store two automobiles. No garage shall be used for the storage of heavy commercial vehicles or construction equipment. No business activities of any nature shall be continuously or regularly conducted upon any Residence Let, and no advertising signs shall be displayed thereon, exc pt, t) t a lay r, physician, architect, d ntio , real estate broker, inaurance agent, artist, or writer residing in a dwelling hous on may maintain an office for his/hot professional use subjeat to the previsions of the North Andover Zoning By-law, and may *%ploy not more than one parson and may display a amall professional nameplate on the Residence Lot. nothing herein shall be deemed to prevent the leasing of a Residence Lot from time to ti by the owner thereof subject to the provisions of this Declaration. B. Animals. No p t , ni or birds shall be kept or maintatined on any Residence t, being of such type or in such number as to be noisy or offensive, and no pets, animals or birds shall be allowed to pass onto or enter land within Phillips Common other than than Residence t of the owner thereof, unless such pet, animal or bird is auttebleleashed, caged or otherwise physically controlled and/'or restrained; provided, however, notwithstanding the foregoing., no poultry house or yard, rabbit hutch, dog, oat or other type of ]C nri 1, shall be szooted or maintained on any Residence t nor shall pigs or other barnyard animals be stabled or maintained thereon. C. lmvrovements and Altevations. No buildings, fences or structures of any kind, or 4-dWXtJons, thereto, or driveways shall be erected, placed or allowed to stand upon any Residence Lot until the size, plans, specifications and locutions thereof shall have been approved in writing by Doolarant, or an architect so designated to perform such prof ion 1 service by bolarant. Declarant shall have the solo 4gA exclusiveright to refuse to, approve any plan, design spocitiOations, or building materials which Declarant deems not suitable or desirable for the overall development of Phillips Com n. Permitted plans shall consist only of those plans referenced as h.oms Mans A, B, C or D in the 10,1.309. 1 Spacial Permit granted to ths, ftilliPB Common Realty Trust by the Planning Board of the Town of Worth Mdover, which Special Permit is dated November 29, 1991. Ma: 10am, sand, gravel, or other s,oil mat ri l► except that resulting r customary landscaping and construction permitted and apiweved h r and r, shall be removed from any Residence Lot. The erection of any approved structure on a Residence t, one bejuno hall b : d rried forward to completion with reasonable dii c , specifically including the landscaping thereof. D. T m orar cou o trailer, mobile home, camper, temporary bu I Tn or c `u of any kind, shall be used for a resid na r either t mpor rill► n ntly. 1. Trailers rat T nt trailer, mobile home, heavy commordial vehicle, construattoo equipment, camper, permanent tent or similar structuro, ,shaZl, be kept, placed or maintained upon any Residence Lot or on any vehicular access areas in such manner as to be visible from rmtghboting prop rtyf provided how v r, ' th t the provisions hi paragraph shall not apply to temporary construction sheIt or facilities maintained during and used exclusively in cone . tten vith 'the construction of any Improvement approved by Dedlarentt or its designee. F. Nut�.sano No rubbish,, debris, dead tressor heavy brushof any n ll b placed or fitted to accumulate upon any Residence Lot which will or liay render the same, or any portion thereof, unsanitary, uR htly, offensive or detrimental to anyother Residence Lot; and no activity shall be conducted or maintained which is or may be offensive or detrimental to any other Residence t in the vicinity thereof, or to its occupants. 0. Repair of uildin r buildings or tractor upon any Residence Lot-in-Wall` tt d to fall into disrepair, and such building and structure ll at all times be kept in goad condition and repair and a0equatsly painted or otherwise finished. H, Trash Containorso And C9jjcqtqrs. Trash, bbish and garbage h 1 b p rt aov r cots n r which shall b properly screened and/or enclosed so as not to be visible from neighboring properties or roadways, except for such necessary periods when such containers tro made' av ilabl for collection. 1. Communication Facilitlew. Outside television and/or radio antennas s or aerials— afidl—oitellits dishes and other similar outside co unicaion facilities r roh ited. a. i,. ,i___. o outsidecloth lines or lath .._ in �'..ail other taut de as t es or or airing clothes which are visible froz,,noighboving ptoporiy shall be orooted or maintained on any Residence Lot.. . . K. Lighting- Upon complotion of a residential dwelling, 1011.309 ..l an outdoor electric street It t may be installed by Deolarant in front of certain Residence The owner of such Lots will b responsible for the cost and WAintainantoof such light which will be connected to the I a 1 service of such lets. L. Restrictions.,on FU SQdjyision. No Residence Lot shall be further s v d X. SiSMo. No signs shall be erected or maintained on any Residence Lot, except, (1) Such signs as moy be required by law' (2) A residential i, ti is ti.on sign having a total face are& not JauVsr thanseventy-two (7 ) square inch 1 . (3) wring the time construction of any building or other im rov , , one job identification sign not larger in irea ,than throw ( ) square feet; (4) A "For Sal*" or " or nt" sign, of reasonable typo., size andaranc , but only if attached to the building (avA not fro* standing or attached to any pole or tree) . section 2.03 Residence Ar Co t atitsri of Im rov rents and Alt rat ona. A. Application for ADXOVg,l of Uprovemontsand Alterations. Any oWn r of a Aestdohoet proposing to make any i-n—M"rov -zen whit h,r under Section 2.03 hereof, requires the prior wrtt n approval of Declarant, or its designee, shall apply for approval by delivering ' written application describing the nature of the proposed improvowntp together with such of the following documents and info ton an are pertinent, in such number of copies as the Decl r nt,. or its designee may require. (1) A plot plain of the affected property showing the location of extating and proposed improvements a.nd alterations s (2) rl+oor plans and landscaping plans; ( ) Drawings showiKI all elevations; ( ) A description of exterior materials and colors, with color saxplw and (S) The owner's ro construction schedule, B. Basics forADProy4lL @f Uprovements and Alteration . The D of roan , or its gn , ,—after consideratio-n—of the items set .forth in the foregoing Paragragh A and such other IO, 1.30�. I matters as it dsem necessaryp pant the requested approval if the Osclarantr or its designse, .doterminos thatt (1) , The Proposed Jvppovemont or alteration conforms to the provision* ot this Declaration and the restrictions heroin not forth; (2) The proposed impovement or alteration is reasonably compatible with the standards of Phillips Co om a4d the purposes of this Declaratiph as to quality of workmanship and materials,, 4.9 to harmony of external dosi n with existing struotures, and as to location with respect to vsgotationf typography, finished grade, and views from other buildings and building sites; and (3) The proposed isprovs*ent. or alteration complies with all applizOle laws, specifically including the zoning by*14vo and building code requirements of the Town of Karth Andover. , C. Form of xnprmle All approvals given under the foregoing paragraph sh '11--'be in writing, provided, however, that any. such application for approval which has not been acted upon within thirty (30) days from tha date of submission thereof to the Declar,ant, or ita designsAf shall be deemed approved. In the event of such failure of Declareat to act upon such application within said thirty (30) day pariedf the owner owner of the Residence Lot which submitted 644d application may record at the North Essex Registry of Deedo an Affidavite sworn to under the penalties of perjury, reciting somep and said affidavit shall upon r*dording be of the ,saws toxce and affect an a certificate of approval issu4s by Doclartat, D. Ptoces din g -'kith ft Upon receipt of approval from the Declarant or to des ignae, &r upon the lapse of thirty (30) days without action as provid*4 in Paragraph C of this Section 2. 03 , , the owner of ' the Resido"s . Lot shall, as soon as praoticableo commence and diltgontly proceed with the proposed construction, refinishing, alterations and excavation in accordance with the own er's' proposed construction achedulfa set forth in the documents accompanying his/her application for approval. in the event that the con ruction, reconstruction, r inishing, or alteration of any improvement is not completed within & reasonable time, or having been, completed does not comply with the approval therefor given, the D*alarantf or its dsaignsep "y direct and order the owner to remedy the non-compliance or rouave. the improvement.. If the owner does not comply with the order within the period set forth in the order, the owner shall rejOuroe the Declarant, or its designs*, upon demand, for, all reasonable expenses and legal fees 1.001- 309 . 1 incurred in, cone oction with t4# enforce Mont thereof. MISCEL AL IONS Section 3,01 ndm nt tion A. AMendment. Except 60 otherwis's herein expressly provided, this Do'claration may be amended at any time byt 1. A vote adopt*C or written consent to, the proposed azendment' by cord owners of 19 or more of the 26 lots shown on tIA* plans referenced in Article I above. Such amendment thall not be effective until there has been filed and r000rdod a certificate signed by the Declarant, or its desi moo, setting forth the amendment and the facts relating to Yts adoption. However, no such amendment shall be ad *4 that substantially derogates from the original intop" ont and purposes of this Declaration or otherwise is to the dstriment of the Residence Lots or Ownarmi or 2 , The Declarant who may .amend this Declaration for any purpose so long as alas Ott in the record owner of not lose than 8 of the 26' latsL shown on the plans referenced in Article 1, above. Be Duration ,,of Restriction. subj*ct to the provisions of Paragraph, A of ' Section 3* 0_1_W*—WiJfO the restrictions set forth in this Declaration sharp 'continue and remain in full force and offect, in all events until thirty (30) years from this date, and may thereafter be eattend and continued in fuli force and effect for forth er periods of twenty (20) years each in the manner provided in Massachuset ts General Law* Chapter 1840 section 28, an it may bs amend ed' from tims to time. Section 3 .02 Entoroemeknt wr A$ Riqht' o Enforcemont, The restrictions set forth in this Declaration are-for thd' bomofit of all the land described herein and shall run with the land, Except as otherwise provided herein, any owner of any Reoidenee Lotj the Declarant, or its lawful desigrnee, shall have tho right to enforce any or all of the provisions of this Doclaratiam, including without limitation, the restrictions herein set forth. Be Violation- of L,aw. , Uy violation of any applicable locale staEFor 'fedi-rallaw or government regulation pertaining to the ownership occupation or ,use of any property within Phillips Common is ,hereby declared to be' & violation of this Declaration and of the restridtione herein met forth and subject to any or all of the enforcoxont procedures set forth in the Declaration. lorl. 309.1 SECTION 3, 03 Dsli t y ery of 916@ cuments. Any written notice or atMr doo=ent relating to o required by this Declarationliv r ith r personally or by ,Aril. If by mail, it Oall be deersdto have been delivered forty-eight (48) hours after 4 copy of same has been deposited in the11nit d States mail,, certified or registered mail, postage prepaid, return receipt requested, D cla r nt's mailing address shall be suchr is shown on the records of the Secretary of State for .tho Comenwealth of Massachusetts , Section 3 . 04 Const wtio aA Se"rgbility: S.in ular and Piur Provisions severe % c t provisions of this D l ration ha band severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision. B. Sinqular. Includo Unless the context requires E— a contrary cons ructlon, the a a 1 r shall include the plural and the plural and singulart and themasculine, feminine or neuter shall include the masoul4nof feminine and neuter. C. Captions. All capti or titles used in this Declaratio-n-a-r-e-'Ifitande'd solely for corwenience or reference and shall not' ff at that which is aot forth in any, of the provisions hereof. D. Definitions. Whenever the context so permits, all references to th t ."ResidaRco Let" contained within this Declaration shall include i na Unit situated on or within "Phillips Common. " tLLIPS COMMON DEVELOPMENT CORP. KE4 2. , gltocchelU, President COMMONWEAV= Of XASSACHUSETTS ESSEX$ SS. Then p r on ly p above-named Mario E. Pi ocoh lli and acknowledged tho foregoing instrument to b4 her free art and deed, before met Wotary, Pu o Xy commission expires: mks 10, 1. 309. 1 FORM I COVENANT Feb 12 , 1992 19 North Andover MA KNOW ALL MEN by these presents that the undersigned has submitted an application dated 10/24/91 -, to the NORTH ANDOVER PLANNING BOARD for approval a Definitive Plan of a subdivision of land entitled: Phillips Common plan by: Merrimack Engineering--Services dated: 107171991 Rev: !17TB79;wned by: Pllill-iPs Common Rea lty _If'rusl- address: P.O. Box 6700 , North Andover, 9A land located: Mass . Ave, an CEickerj-ng- Rd. ► and showing 26 proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in the county of ESSEX approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the town as follows: 1. That the undersigned is the *owner in fee simple absolute of all the land included in the subdivision and that there are no mortgages of record or otherwise on any land, except for those described below, ar,4--t+tftt e a a t V a 9 t 4 its emeeutien by the *If there is more than one owner, all must sign. "Applicant" may be an owner or his agent of record must sign the covenant. 2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any permanent building on any lot until the construction of the ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, terms and provisions as specified in the following: a. The Application for Approval of Definitive Plan (Form C) . b. The Subdivision Control Law and the Planning Board' s Rules and Regulations governing this subdivision. 1 of 5 C. The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated 11/29/91 d. The Definitive Plan as approved and as qualified by Certificate of Approval. e. other document(s) specifically , construction t be completed, namely, special permit Approval (PA9 Dat=17-Z77'1� However, a mortgage who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which provided that no lot be sold 6r conveyed or shall be built upon until ways and services have been provided to serve such lot. 3 . That this covenant shall be binding upon the executors, administrators, devisees, heirs, successors and assigns of the undersigned and shall constitute a covenant running with the land included in the subdivision and shall operate as restrictions upon the land. 4 . That particular lots within the subdivision shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released. 5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to ' this covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. 6. That the undersigned agrees to record this covenant with the North Essex County Registry of Deeds, A--rth•WI-th' or to pay the necessary recording fees to the said Planning Board in the event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the Definitive Subdivision Plan as approved. 7 . A deed or any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three (3) years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G.L. 2 of 5 St--I I -end,&rs--emerit 8 . 1,1, Zed --9 4-V, 4-4 Beard-----and E-Ap-CaIr the! IMO- approva,l- Said covenant shall expire two years from the date of the endorsement of the definitive plan. 9 . Upon final completion of the construction of ways and installation of mu is al services as specified herein, on or before 11 �?6 ® the Planning Board shall release this covenant by an appropriate instrument, duly acknowledged. Failure to complete construction and installation within the time specified herein or such later date as may be specified by vote of the Planning Board with a written concurrence of the applicant, shall result in automatic rescission of the approval of the plan. Upon performance of this covenant with respect to any lot, the Planning Board may release such lot from this covenant by an appropriate instrument duly recorded. 10. Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and installation of municipal services from time to time or from securing by one, or in part by one and in part by another of the methods described in M.G.L. , Chapter 41, Section 81-U, as long as such security is sufficient in the opinion of the planning Board to secure performance of the construction and installation. For title to the property, see deed from William Gray Brooks Thomas dated January 23, 1992 ®, recorded in Essex North Registry of Deeds, Book 3385 —F Page _ 138 or registered in Land Registry as Document No . and noted on certificate of title No. and noted on certificate of title No. in Registration Book Page let- The MO -dat red in— n-e,-,-4 -4--r�G—frleeds-,—Book Or- --nd neted a s P Gn of titl-e--4io. Pa-ge�__. r,he mortga— +--'.,.e mortgage te the f erth a--.- -IICX k-Li= C;OV%-IICLILk-Z:) shatl t,ae=® the G e 4----4-- €---- an--d effee 4-1-alt as -11 s a4-- be suberd-i-n— --eve-n-an-46. 3 of 5 i f ► �,� �¢ f-h® 9rnri®rc i rev9®ri n t ► ► t- Y� IN WITNESS WHEREOF we gave hereunto set our hands and seals this 1-3M of uqfzu ®, 19 I owner Spouse of Owner { i s I Mortgage Acceptance by a Majority of the Planning Board of ! COMMONWEALTH OF MASSACHUSETTS ES-5E) ,ss FEE942zg u !3 , 19 T— Then personally appeared before me the above named kfP kIC C . ?i*T'i:) it F LJ.,J and acknowledged the foregoing instrument to be Nam- free act and deed. Notary Public ZSA&ACT L..L3tTOAJ My Commission Expires® 49 C' l-L-12-N COMMONWEALTH OF MASSACHUSETTS ESSEX , ss 19 ��• Then personally appeared before me the above named and acknowledged the foregoing instrument to be }d cs free act and deed. ® ary Public -j A&)C--T 1-- r ,t,, My Commission Expires: 4 of 5 COMMONWEALTH OF MASSACHUSETTS , ss 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS , ss 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Notary Public My Commission Expires: 5 of 5 FORM J RELEASE FORM The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that: a. the requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated 19 and/or by the Covenant dated 19 and recorded in District Deeds, Book , Page ; or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book Page has been completed/ partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitledLU � I Section( s ) Sheetsl Plan dated J. 19 16, recorded by the Registry of Deeds, Plan Book Zits® , Page J or registered in said Land Registry District, Plan Book , Plan and said lots are hereby released from the restriction as to sale and building specified thereon. Lots designated on said Plan as follows: (Lot Number( s) and street( s ) ) a?, y5 6, 7, /o, //, /1, b. ( To be attested to by a Registered Land Surveyor) I hereby certify that lot number( s ) .56 % /4,/r/-2, /S, /7/19 on 6 � ' Street( s ) do conform to layout as shown on Definitive Plan entitled a Section S eet( s ) I-Lo Regis t yeyor E. Page 1 of 2 A The Town of No- �.h Andover, a municipal core.-)ration situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or Surety dated , 19 , and/or Covenant dated $ • , 19 from of the City/Town of County, Massachusetts recorded with the m District Deeds, Book Page , or registered in band Registry District as Document No. and noted on Certificate of Title No. `® , in Registration Book , Page , acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows: EXECUTED as a sealed instrument this ®V day of 144V A 19 ?A Majority of the Planning Board of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS s s. 19 Then personally appeared G EOQG E Pe A , one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me . 9�a A)6r a�� Notary Public My Commission Expires- ,Page 2 of 2 FORM J LOT RELEASE The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that: a. The requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated 1 19 _ and/or by the Covenant dated -L-1-4- 19 J_Z and recorded in District Deeds, ann4c Page - ; or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book I Page has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve enumera_ted lots shown on Plan entitled 11 C.4 J;!!!I C 6 ode ovo A/ Section (s) , Sheets Plan dated - Jo - /o , 19 9/ recorded by the !L�&A lvvlv Registry of Deeds, Plan Book .;-;�%--' or registered in said Land Registry District, Plan Book AjkF= , Plan It fflft2 , and said lots are hereby released from the restriction as to sale and building specified thereon. Lots designated on said Plan as follows: (Lot Number (s) and street(s) ) b. (To be attested by a Registered Land Surveyor) I' her b certify that lot number (s) 13 4 16,/(Y Zs, 2 on Street(s) do cQuform to m 11yout as shown on Definitive Plan titled e!�O�fe-Lllo-sol.-Wo.-V Section She,:at!! S) Regis " rveyor L of 2 C. The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or Surety dated 19 —, and/or Covenqtnt dated from 4 7 of t!Te-City/Town of d93-S L'X County, Massachusetts rec rded with the 6?,gZZi J I grr District Deeds, -Book Page or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book, Page acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows: 44, EXE aD as a sealed instrument this -7 1-7� day of -M)19 LV Majority of the Planning Board of the Town of North Andover COMMONWEALTH OF SA SETTS L'52F,k ss L�I, :Z 19 112A Then personally appeared one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me. *o t.:�a�ry Public 3 Avr,=7 L 6-4 r 9 / ission Expires 2 of 2 FORM J RELEASE FORM The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts , hereby certify that® a. the requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated 19 and/or by the Covenant dated 19 and recorded in District Deeds, Page _; or registered in Land Registry District as Document No . and noted on Certificate of Title No . in Registration Book Page has been completed/ partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled 1*LUT>'7 �Pmdt-tk) Section( s ) Sheets Plan dated in. 19 recorded by the -P�_X Registry of Deeds, Plan Book EW_I Page or registered in said Land Registry District, Plan Book Plan and said lots are hereby released from the restriction as to saleand building specified thereon. Lots designated on said Plan as follows: (Lot Number( s ) and street( s ) ) -2 17111 , b . (To be attested to by a Registered Land Surveyor) I hereby certify that lot number( s ) .2 :2 .2 on Street( s ) do conform to layout as shown on Definitive Plan entitled Section S eet( s ) I—l'!9 Regis eyor 4r, Page 1 of 2 41SIV The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or Surety dated , 19 � , and/or Covenant dated I _Z, 19 from fAIat'i►-103 of the City/Town of County, Massachusetts recorded wi h the Q District Deeds, Page , or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book Page acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows: EXECUTED as a sealed instrument this la-M day , of N/A , 19 %Z I Majority of the Planning Board of the Town of North Andover !' COMMONWEALTH OF MASSACHUSETTS ESSEpC , s s. a? 19 Then personally appeared G EORG PG:eJ0A one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me . �Sa u Er L. Ee�rva Notary Public My Commission Expires: Page 2 oL ? FORM J RELEASE FORM The undersigned, being a majority of- the Planning Board of the Town of North Andover, Massachusetts , hereby certify that: a. the requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated 19 _ and/or by the Covenant dated - February 13 , 19 92 and, recorded in D_, st.-ict Deeds , Book 3505 Pa 19 or Page J ;I M, 1 an has been coTp ' e partially completed, to the sa-_istac,:.i,:)n of the Planning Board to adequately serve the enumerated lots shown on Plan entitled 41-Phillips Common - SeC7_10r,( S ) Sheets revised 11-18-91 ?Ian dated 10-01-91 y -ecol-d,_d by North Essex R e g Z-_r y o De e z; an #11998 . an 4 T t -a-11 and said b Y f e 1 e_. d f e restriction as to sa_' ,w, and bulldl.J spec--fled t*+'r,�on . T t S d e S 1,_d-ed an saic! ?Ian aE s - Lot #1 , Plan 11998 i tie eic v rz-_f,7 tz a C : 0 7 e -Z Lot 1 Phillips Common ,o rm t i lay:)u7: a�_ I - Phillips Common St. STAFINS�(' ?C;376 U_ V i- V e � P c. The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Covenant dated Feb 13 19 from Marie g lt�rrhal1 ; , Tra of the City/Town of North Andover EERex County, Massachusetts recorded with e or ss District Deeds, Book 3505 Page 19 e ntmor. d- -J;; Laads- n RT ��_� —, --A r�r+ ; �; ^mot o F m; �1 rrR acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows : Lot 1 , Plan #11998 T 1,74 L EXECUTED as a sealed instrument this �day of 19 Majority of the fs:� Planning Board G- e of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS - /L <7 � ss // 19 �s Then personally appeared Je L� ��C�11�`_� one of the above members of the Planning Board of 'the Town of North Andover, Massachusetts and acknowledged the foregoin nstrument to be the free act and deed of said Planning Board ore otary Pub is My Commission Expires 2 of 2 COMMONWEALTH OF MASSACHUSETTS 19 Then personally appeared, one of the members of the Planning Board of bo N-OAU Ij 69 A&4 Massachusetts, and acknowledged the foregoing instrument to be his free act and deed before me. L Z &ItA- c oary -Public V6i�-misdi'on Ex' y pires COMMONWEALTH OF MASSACHUSETTS F-sse 'sS L)F I 19 93, 9-b P- Then personally appeared, A:6rcAe-11 ; the above referenced applicant, and acknowledged the foregoing instrument to be his free act and deed before me. Z gQary Public '14�e Yo . . 4 , Z92V ommi Mvi� My ommissioh Exp.--*Lres LAW L. IFICES OF RALPH R. 1XCE RALPH R. JOYCE 95 MAM STREET CSOSI 685-4555 NORTH ANDOVER, MA 01845 FAX 685-3148 April 1 , 1993 Town of North Andover KATHLEEN BRADLEY, PLANNING DEPARTMENT 120 Main Street North Andover, MA 01845 RE: FORM J - 11 PHILLIPS COMMON Dear Kathleen: Enclosed please find a Form J regaring Lot 1 Phillips Common. Kindly have the Board execute the same and return to my office, and I will attend to its recording. The cash bond as presently posted is not effected by this action. Thank you for your cooperation. eVer. tr yours, ur boy 0 a 1p A RRJ:mjj 'Y' enc. FORM J RELEASE FORM The undersigned, being a majority of. the Planning Board of the Town of Nc.-th Andover, Massachusetts, hereby certify that: a. the requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated F 19 _ and/or by the Covenant dated February 13 , 19 92 and recorded in District Deeds , Book 3505 Page 19 T A 11 has been completed/ partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled -Phillips Common Sec7_icn ( s ) _—, sh.'aets revised 11-18-91 ?-! an dated 10-01-91 P I () r c f da d by t..e North Essex of Deec- _an _z -.-#11998 and said lci:z n_ereby _-eIe_;F.__d --ne restriction as to sale and build?::; spec", -- ed t*ar?on . ots desIgnar- n_ed on sai- -a a-- Spree-_ ( s ) ) - Lot #1 , Plan 11998 a Lot 1 Phillips Common d-c- c.)nf: tD layout az Phillips Common St S-TW,,14SKI S VAL c. The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a and'ler- Covenant dated Feb. 13 , , 19 92 from T�arTe P 1 c,c -hPi 1 ; Tr. of the City/Town of North�n�over County, Massachusetts recorded with EvRe Nortn EssexDistrict Deeds, Book 3505 Page Ig _, er..rreg�ste_--4 a �a B e ea imentPie- at acknowledges satisfaction Tof the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows : Lot 1 , Plan #11998 as a sealed instrument this day of / , 19 C Majority of the Planning Board C- of the Town of i North Andover COMMONG7EALTH OF NIASSACHUSETTS - ss 19 Then personally appeared _Terf y ej�,vl .��`� one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoin nstrument to be the free act and deed of said Planning Board ore 9 otary Pub is My Commission Expires 2 of 2 AGREEMENT WHEREAS, Phillips Common Development Corp. ( "the Grantor" ) is desirous of granting a Conservation Restriction and a Preservation Restriction ("the Restrictions" ) on certain land to be purchased by it to the North Andover Historical Society ( "the Grantee") ; and WHEREAS, the Grantor and Grantee are both desirous of conserving and preserving the historical integrity of said land covered by the the Restrictions and have determined that said Restrictions are necessary to preserve said integrity; and WHEREAS, the Grantor and Grantee, in order to effectuate their intent as expressed above, hereby enter into this Agreement. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to the following : 1. The Grantor and Grantee hereby acknowledge that the Grantor will record a utility easement through the Conservation Restriction area prior to the recording of said Conservation Restriction. See Exhibit A for location of said utility easement . 2 . The attached Exhibits B and C represent the agreed upon and final versions of the Conservation and Preservation Restrictions and have been initialed by the parties hereto . 3 . That the Grantor and Grantee will execute the attached Restrictions as soon as the Grantor takes title to' the premises described therein. Signed and sealed this day of 1991 . Phillips Common Development Corp. X'� 7-111, B 4f Its b" North Andover Historical Society By Y�7 SWEENEY & SARGENT ATTORNEYS AT LAW 32 CHESTNUT STREET ANDOVER,MASSACHUSETTS 01810 TELEPHONE(508)475-1300 FAX(508)474-0478 IRVING W.SARGENT(1903-1971) ARTHUR SWEENEY(1913-1978) MICHAEL W.MORRIS LAURENCE J.ROSSI DANIEL A.HAYES,JR' January 28, 1992 MELISSA MORRIS DANISCH *Also admitted in N.H. Mr. Chris Huntress Town Planning Dept. Town of North Andover North Andover, MA 01845 Re: Phillips Common Restrictions Dear Chris : I enclose a copy of the referenced restrictions which have been recorded in North Essex Registry of Deeds in Book 3385, Page 161 (Conservation Restriction) and Book 3385, Page 183 (Preservation Restriction) . I also enclose signature pages for the North Andover Board indicating approval of the restrictions . As you may be aware, we will need the approval of the Board of Selectmen before we can obtain the approvals of the State Department of Environmental Affairs and the Massachusetts Historical Commission. . If you require anything further or if I can answer any questions, please let me know. Chris, your help in this matter is greatly appreciated and your valuable advice and assistance certainly made my to k easier. Si 41 e W. M ris MWM/sjm encs . CERTIFICATE OF CONSERVATION RESTRICTION APPROVAL NORTH ANDOVER BOARD OF SELECTMEN We, the undersigned, being a majority of the Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on h?91,L (10 P 1992, the Selectmen voted to approve the foregoing Conservation Restriction granted by Phillips Common Development Corp. to the North Andover Historical Society and recorded in the North Essex Registry of Deeds on January 23, 1992 in Book 3385, Page 161, pursuant to M.G.L. Chapter 184 , Section 32. Selectmen COMMNONWEALTH OF MASSACHUSETTS kssel( Ss. 4flflL- 1992 Then personally appeared the above-named Selectmen and acknowledged the. foregoing instrument to be their free act and deed, before me, �otary A�J L�fi 7 Public 1 My commission eXpi res 9/9 9 -9- CERTIFICATE OF PRESERVATION RESTRICTION APPROVAL NORTH ANDOVER BOARD OF SELECTMEN We, the undersigned, being a majority of the Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on ,4M/L &, 11 1992, the Selectmen voted to approve the foregoing Preservation Restriction granted by Phillips Common Development Corp. to the North Andover Historical Society and recorded in the North Essex Registry of Deeds on January 23 , 1992, in Book 3385, Page 183 , pursuant to M.G.L. Chapter 184 , Section 32. COMMONWEALTH OF MASSACHUSETTS ss. 1992 Then personally appeared the above-named Selectmen and acknowledged the foregoing instrument to be their free act and deed, before me, Xo-tary Public My commission expires: /qV -12- Morris, Rossi & Hayes ATTORNEYS AT LAW 32 CHESTNUT STREET ANDOVER, MASSACHUSETTS 01810 MICHAEL W.MORRIS TELEPHONE(508)475-1300 LAURENCE J.ROSSI FAX(508)474-0478 DANIEL A.HAYES,JR- MELISSA MORRIS DANISCH* admitted in NH February 19, 1993 Ms. Karen H.P. Nelson, Director Planning & Community Development Office Town of North Andover 120 Main Street North Andover, MA 01845 Dear Karen: My office has been advised that the Certificates of Approval signed by the Board of Selectman last April, regarding the Phillips Common Preservation Restriction, contained the wrong names of the grantors of the restriction. For your reference, I enclose copies of the executed Certificates . As you may recall, this name was initially proposed for the grantor of the restriction. Apparently, the names were not subsequently corrected on the final Certificates. Could you please have the Board sign the enclosed Certificates of Approval, which contain the correct names of the grantors, at the next regularly scheduled Selectmen' s meeting? Please call me if you cannot or if you should need further information. Also, could you tell me if the Town of North Andover has voted yet at a Town Meeting to accept the 5 . 5 acres open-space area at Phillips Common? If so, when was it or when will it occur? Kindly contact me at your convenience. Thank you for your assistance in this matter . Very truly yours, Melissa Morris Danisch MMD/cm OF NowTly KAREN H.P.NELSON or ti� Town of 120 Main Street, 01845 Director (508) 682-6483 NORTH ANDOVER BUILDING CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT Memorandum To: Board of Selectmen From: Kathleen Bradley, Town Planner�6 Date: February 23, 1993 Re: Phillips Common - Preservation Restriction/Conservation Restriction The Certificates of Approvals signed by the Board of Selectmen last April , regarding the Phillips Common Preservation Restriction and Conservation Restriction, contained the wrong names of the grantors of the restriction. At the time the restriction was signed by the Board, Phillips Common Development Corp was the grantor however, by the time theses restrictions were filed with the Registry of Deeds the grantors names had changed. The grantors of the Preservation Restriction have been changed to Richard Segerstedt, Pamela Segerstedt, Kenneth M. Devoie and Sharon Devoie. The grantor of the Conservation Restriction has been changed to Marie Pitocchelli, Trustee of Phillips Common Realty Trust. Therefore, the Board must sign new Certificates of Approvals to reflect the correct grantors® Attached are the forms that must be signed® CC. Karen Nelson, Director PCD Phillips. 1 CERTIFICATE OF CONSERVATION RESTRICTION APPROVAL ,NORTH ANDOVER BOARD OF SELECTMEN We, the undersigned, being a majority of the Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on Marck_ 2- P 1993 , the Selectmen voted to approve the foregoing Conservation Restriction granted by Marie Pitocchelli , Trustee of Phillips Common Realty Trust to the North Andover Historical Society and recorded in the North Essex Registry of Deeds on January 23 , 1992, in Book 3385, Page 161, pursuant to M.G.L. Chapter 184, Section 32. COMMONWEALTH OF MASSACHUSETTS Essex, ss . 1993 Then personally appeared the above-names Selectmen and acknowledged the foregoing instrument to be their free act and deed, before me. r LYP u �l�ic My commission expires