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HomeMy WebLinkAbout1993-05-12 Legal Documents 306 EXHIBIT B AFFIDAVIT OF COBBLESTONE CROSSING HOMEOWNERS TRUST'S FAILURE TO PROVIDE CERTIFICATE OF PAYMENT OF COMMON EXPENSES The undersigned hereby certifies in accordance with an Agreement dated , 1993 between Linda E. Markham, Trustee of Cobblestone Crossing Homeowners Trust, u/d/t dated 1993, recorded with Essex North Registry of Deeds in Book , Page (the "Trust" ) that (a) a request was made to the Trust .for a Certificate of Payment of Common Expenses; and (b) that the Trust has failed to provide the Certificate as required by the Agreement; and (c) that there are no unpaid Common Expenses due and payable by the undersigned as the owner of Lot as shown on a plan of land entitled "Cobblestone Crossing, A Residential Single Family Dwelling Development in North Andover, MA. , " which plan is recorded with the Essex North Registry of Deeds as Plan No. COMMONWEALTH OF MASSACHUSETTS Essex, ss. , 199 Then personally appeared the above--named and acknowledged the foregoing instrument to be his/her/their free act and deed, before me Notary Public My Commission Expires : 20 LEVY & HALPERIN COUNSELLORS AT LAW - {� FIFTY MILK STREET BOSTON, MASSACHUSETTS 02109 FI AN{N I i l«G R O i OF COUNSEL TELEPHONE (6171 350.0405 ELIOT F PARKHURST FAX 1617) 350.8966 December 2, 1993 BY FEDERAL EXPRESS Ms. Kathleen Bradley Colwell Town Planner Town of North Andover 120 Main Street North Andover, MA 01845 Re: Cobblestone Crossing, North Andover, MA Dear Kathleen: In regard to the above matter please find enclosed drafts of the following documents for your review and comments: 1. Amendment to Trust - Cobblestone Crossing Homeowner's Trust; 2. Conservation Restriction; 3. Grant of Easement Re: Cobblestone Circle and Copley Circle; 4. Form M Conveyance of Easements and Utilities; and 5. Form I Covenant, Please call me after you have had the opportunity to review the enclosed. Very tri y yours, i Robert W. Levy, RWL/sf Enclosure cc: Thomas D. Laudani p ¢ �Q r F Q f t M� M �- �, CONVEYANCE OF EASEMENTS AND UTILITIES � " r Thomas D. Laudani, Trustee of /June 29, 1993 Cobblestone Crossing Realty Trust u/d/t dated , of 733 Turnpike Street, Suite 209 forth Andover Essex , County , MaSSaChuSettS ; for the consideration of one 81 .00 , hereby grants , transfers and delivers Unto the own of North Andover a municipal corporation in Essex County , the foilowina : A. The perpetual rights and easements to construct , inspect , repair , remove , replace , operate and forever Maintain ( I ) a sanitary sevier or sewers with any manholes , pipes , conduits and other appurtenan- ces , ( 2) pipes , conduits and their appurtenances for the conveyance , of water , and ( 3) a covered surface and ground water drain or drains with any manholes , pipes , conduits and their appurtenances , and to 3 da all other acts incidental to the foregoing , including the right w to pass along and over the land for the aforesaid purposes , in , through , and Linder the whole Of Cobblestone Circle and Copley Circle , � �& shown on Plan #12251 as , said plan IS made and said plan 15 incoroora-ced herein for a comp ete and detailed description of said �°, road"* *modified by Plan "112286 and Plan ;f m �4 B . The perpetual rights and easement to use for drainage the following parcel of land .situated :Q-X off CDD1ev Circle and Cobblestone a Circ- street in Said town of North Andover and bounded and described as follows : z 1. Drainage Easement shown in Parcel A-1 Openspace on Plan #12251 . 0 u 2. Drainage Easement shown on Lots 2, 14, 15, 16 and Parcels A-3 and A--4 openspace on Plan r!12251 . ** and the area shown a "Prop. 20' Wide Utility Easement" on Parcel P, Plan The grantor warrants that the aforesaid easements are free and clei1" C* of all liens or encumbrances , that he ( it ) has good title t4 tratts - fur the same , and that he will defend the sane against claims of ai persons , For grantor ' s title see deed from Estate of Louts Sergi b dated .Tune 25 1 93 , and racer ad 1 n v Essex Northern Chi Stri ct Regi $ 4ry of DeedS ,�BG �< b °a,� 2 1 *� , or under Certificate of Title No . 3772 �~ r`egi Stared in of the Land Court , Book _ Page To be completed if a mortgage exists : An d of the prescnt no cer of a MoI rtgage on the move des crl ed and , which mortgage is dated , 19 , and recorded in said Deeds , Goo, Pace , for consideration paid , hereby releases unto tte town forever from the operation of S Aid mortgage , the rice and easerr:ents hereinabove granted and assents thereto . ( Pa. ie 1 of 2 ) Cobbl ' itone Crossing Realty Trust 4�4 1-";;,k y; Thomas D. Laudani, Trustee and not Authorized signature of Mortgagee Owner Individually IN 14ITNESS ` HEREOF we have hereunto set our hands and seaK this day of December 93.— COMMONWEALTH OF MASSACHUSETTS Then personally appeared the above named s t-d-n and acknowledged the foregoing to be ree act and deed , before me , Ll :T Notary Public my Commission Expires : *i COWition&Ow Am 20, 1 7 NOTE : This conveyance is not effective until accepted by Town Meeting ( page 2 of ? ) r , i i GRANT OF EASEMENT 1, Thomas D. Laudani, Trustee of Cobblestone Crossing Realty Trust u/d/t dated June 29, 1993 and recorded with the Essex North Registry of Deeds in Book 3772, Page 253, for consideration paid of One Dollar ($1.00), hereby grant to the Inhabitants of the Tow of North Andover, Essex County, Massachusetts, an easement to pass and repass on and over the ways known as Cobblestone Circle and Copley Circle and to use said ways for all purposes for which streets and ways are commonly ,used in North Andover, Massachusetts. Cobblestone Circle and Copley Circle are more particularly described on a plan entitled "Cobblestone Crossing, A Residential Single Family Development in North Andover, MA", which plan is filed with the Essex North Registry of Deeds as Plan No. 12251, as modified by (a) a plan entitled "Revised Definitive Plan, Cobblestone Crossing in North Andover, Mass." which plan is filed with the Essex North Registry of Deeds as Plan No. 12286 and (b) a plan entitled "Modified Definitive Plan, Cobblestone Crossing in North Andover, Mass.", which plan is filed with the Essex North Registry of Deeds as Plan No. For title reference see deed recorded with Essex North Registry of Deeds in Book 3772, Page 261 and deed recorded herewith. Executed as a sealed instrument the day of December, 1993. Cobblestone Crossing Realty Trust By: Thomas D. Laudani, Trustee and not individually ' 1 COMMONWEALTH OF MASSACHUSETTS Essex, ss December 1993 Then personally appeared the above named Thomas D, Laudani, Trustee as aforesaid and acknowledged the foregoing instrument to be the free act and deed of Cobblestone Crossing Realty Trust, before me, Notary Publi My Commission Expires: Not►Ca"md lm bmkn Am 2D,IOU NOTE: THIS CONVEYANCE IS NOT EFFECTIVE UNTIL ACCEPTED BY TOWN MEETING. 2 T� -a J 48 ?. "ROM ^� :+�i�� $i 30�t N FORM I Cb�NAN'� December l9 93 North Andover . rdA NVOIR ALL MEN by thas(i presents that the undersigned has Submitted an application dated November 12, 1993 .. , to the NORTH ANDOVER PLAnNING BOARD for approve,]. a Definitive Plan of a subdivision of lard entitled: Modified Definitive Plan Cobblestone* , plan by., Merrimack engineering SerVices r dated: 5aPt. , 1993 Rev, 10/29/93 Owned by; rt e Q , ' ;�� xrus addx8s5 ; r... .,re �•..—._te 20 h 4nd2yer, MA QI 4g i land l.00ated: _jQ64.qkerjng R2ad. North Andover MA , s and showing 5 proposed sots. The undersigned has requested the planning Board tc approva such plan without j requiring a perfcrmanca bond. *Crossing i,n North Andover, Mass. IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in the county of ESSEX approving said plan without, requiting a perfornanca bond, the undersigned hereby covenants and agrees with the i)jhabitants of the town a$ followa ; I 1 . That the undaraigned is the *owner in fee sir,rla } absolute of all the land included in the subdivioion and that there are no mattgages of rocord or othi :ii4ise on any land, except for these described below, and that the present holders of said mortgages have assentad to this contract prior to its execution by the undersigned. I *If thera is more than one owner, all :;,ust 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 construeion of the ways and installation of municipal - services necessar7 to adequately serve ouch lot has be*n completed in accordance with the oovanants, conditions, agreements , ter-ma and previsions as specified in the following: 1 a , The Application for Approval. of Definitive P?ate (Form C) . b. The Subdivision Control Law and the Pia limn*^n y Board l s Ruhr and Regu41ations governing this } subdivision , { I 1 of 5 : Phi 'ROM ull.{ ST 20SO1 ON The Cirtifi0ate of Approval, and the conditions of approval apacif0d tharein issued by the Planning Board, dated Novembar 121 19h d, The Dedniti.ve Plan as approved and as galified by Certificate of Approval . G. ©thGr documents) specifically construction to be completed, namaly► NONE , However, a mortgage who acquires title to the mortgaged pranisas by AreMosure or otherwise and any succasdi.ng owner of the mortgaged premises or pant thereof may seal or convey any lot, subject only to that portion of this covenant, which provided that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. 3 . That this covenant shall be binding upon the executors , administrators, devisees, hairs, successors and assiq= of the undersigned and shall oonatituts a covenant running with the land included in tha subdivision and shall operate as restrictions upon the land. 4 . Thut 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 enunerating thG specific lots to be released, 5 . That nothing hQrain shall ba de.emed to� g prohibit a i conve anco by A singledeed subject to this covenant., of either the entire parcel, of land shown on tha subdivision plan or of all lots not previously released by the Planning Board, ' 6 . That the undersigned agrees to record this covena, with the Essex North Dist. County Registry of Deeds , forthwith, or tv pay the necessary xacordirg fees to the said Planning Board in the event the Planning Board shall, retard this agreement forthwith, Refarence to i this covenant shall be entered upon tho Definitive Subdivision Plan as approved , 7 . A deed or any part of the subdivision in violation M the covenant shall be voidable by the grantee prior to the release of the covenant] but not later than thrtQ { (3) years from the date of such deed, as provided in Section 81-U, Chaptor 41., X.G. L. f 2 of 5 FROM H .sAX ST B4LTO S . ,That this covenant shall be exeGuted before endorsement Qf approval, of the , definitivaa plan by the planniliq Board and shall take affect upon the endorser�ent of approval . Said covenant shall expire two years frQn the date Qf the endorsement of the definitive plan, 9 , upon final, comyliation of the construction of ways and installation or Municipal services as specified herein, on or before November 12, 1995 , the Planning Board shall rEeIatasa th IS covexnant by an appropriate instrument, duly acknowlQdgad. Failure td complete construction and installation within tha time specified herein or such later data as may be specified by vote of the Planninq Board with a written concurrenca of the applicant, shall result in automatic rescission of the approval, of the plan , Upon pexfomance of this covanant with respect to any rat, the Planning Board may release such lot fron 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 seer!cos from time to tine or from accurang bey ona, or in part by one and in part by anothar of the methods described in M,G. b. , Chapter 41., Section Rl-V, as Long as such security 4-3 sufficient in the Qpinivn of the planning $card to secure performance of the construction and i.nztall.ation, For title to the property, Sae deed frc:j Micaael J. Aridiacpnc ar.d 1. Rose Marie aridiaconv dated December , 199 ded in g or registered in Land Registry as Document No . ► and noted on f certificate of title No. and noted on certificate of title No. r in Registration Book Fa a The present hcld*r of a mortgage upon the property is of The mortgage i.s dated and recorded in Registry of D6eds1 Book _, Page , or ragi.stared in .and Regiatxy as Document No. , and noted on certificata Of title no. , in Registrat� an Book Page The mortgage**agre,e;s to hold the mortgage subject to tho- covenants set Forth above and agrsas that the covenants shall havo the saris status l force and effect as thouc;h e?,xac,.:t ed and recorded before the taking of the mortgage and further agrees that the mortgage shall be suhordinate to the above Covenant. 3 �° 5 i FROM 50 :j►i:K ST BOSTON ' POv/06 spouse of the undersigned applicant haroby , agx-ess that such interest Qe T, we, m$Ly have .in the promises shall be mub�eot to the provisions of this covenant and insofar as is necessary relaases all rights of tenancy by the dower of honestead and other interest thaxein. IN WITNtSS WHEREOF we gave hereunto set our hands and seals this of December i 19 93 Cobblestone Crossing Realty Trust g3. owner Thomas D. Laudani, Trustee i and not individually Sp o of owner T. Mortgage ! Acceptance by a Ma aY ty I of the planning Board of C0.VQNWZALT14 Or MASSACKUSETTS ! 1Q ��a Decer�ar { rhea personally appeared before me the above named Thorns D,?.a :c�:��, Lrustee as arorasaic and , acknowledged the foregci.ng Tns rumsnt to # ba ris free act and dead, Notary Public Hy Commission Expi rr,a ; COM-MIO 'WEALTH Or MAk aACh't;SETTS Then personally appeared before me the and acknowledged the foregoirg i b'6 A, free act and deed, My commission L*rw lane 20, 1991 l My CO;nrnissi.on Expi.reS4 4 c 3 1"c- i-93 02; 4$ PM FROM 50` ''LX ST BOSTON dOMMOMIEATrTH Or MASSACHUSBTTS SSEX � �ss m��n19 Then personally appeared before ms the above named RIC€#AP-b �, and acknowledged the foregoing .netrument to be 141 t free act and dead. �,Qtary Publia �A,t�T L Ems, My C=MiSe l on txpires: f R f COIC2409WEALTH OF MASSACHUSETTS s a , 19 , Then personally appeared before me the above named j and acknowledged the foregoing instrument to be free act and deed. Notary Public My Commission txp.irest of 5 AMENDMENT TO TRUST COBBLESTONE CROSSING HOMEOWNERS TRUST Reference is made to that certain Declaration of Trust establishing the Cobblestone Crossing Homeowners Trust, which Declaration of Trust is dated June 29, 1993 and recorded with the Essex North Registry of Deeds in Book 3772, Page 287 (the "Trust"). The undersigned, being the sole Trustee and all of the Beneficiaries of the Trust, hereby agree that the aforesaid Declaration of Trust is amended as follows: 1. The second sentence of Article I is deleted, and the following is substituted in lieu thereof: "This Trust is established for the initial and primary purpose of the conservation as open space of the premises described in Exhibit C hereto (the "Open Space"), in accordance with a certain Conservation Restriction from Thomas D. Laudani, Trustee of the Cobblestone Crossing Realty Trust a/d/t dated June 29, 1993 and recorded with the Essex North Registry of Deeds in Book 3772, Page 253, to the Town of North Andover, which Conservation Restriction is dated December , 1993 and recorded with said Deeds on December , 1993 as Instrument No. " 2. The first sentence of Section 2.1 is deleted, and the following is substituted in lieu thereof: "The beneficiaries of this Trust (the "Lot Owners") shall be the owners of Lots 1A, 2AA, 3A, 4A, 5 through 8, 9A, 10A, 1lAA, 12AAA, 13A, 14, 15A, 16A, and 18 through 22 (the "Lots") as shown on the following plans: (a) a plan (the "Original Plan") entitled "Cobblestone Crossing, Definitive Subdivision Plan, North Andover, MA," which Original Plan is recorded with the Essex North Registry of Deeds as Plan No. 12251, (b) a plan (the "Revised Plan") entitled "Revised Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Revised Plan is recorded with said Deeds as Plan No. 12286, (c) a plan (the "Modified Plana") entitled "Modified Definitive Plan, Cobblestone Crossing in North Andover, Mass,,"which Modified Plan is recorded with said Deeds as Plan No. , (d) a plan (the " 11/22 Plan") entitled "Plan of Land in North Andover, Mass.," which 11/22 Plan is dated November 22, 1993 and is recorded with said Deeds as Plan No. 12326, and (e) a plan (the "11/25 Plan") entitled "Plan of Land in North Andover, Mass.," which 11/25 Plan is dated November 25, 1993 and recorded with said Deeds as Plan No. 3. Section 2.2 is deleted, and the following is substituted in lieu thereof: "The beneficial interest in the Trust shall be divided among the owners of said lots in proportion to the number of lots owned by each, with each lot entitled to a 1/21 undivided beneficial interest in the Trust." 4. Section 6. 1 is amended by deleting the phrase "the owners of Lots 1 through 16" therefrom, and substituting the following in lieu thereof: "the Lot Owners". 5, Section 6, 1 is further amended by deleting the phrase "THE OWNER OF RECORD OF LOTS 1 THROUGH 16" therefrom, and substituting the following in lieu thereof: "THE OWNER OF EACH OF THE LOTS". 6. Exhibit A is deleted and the attached Exhibit "A-1" is substituted in lieu thereof. 7. Exhibit B is deleted and the attached Exhibit "B-1" is substituted in lieu thereof. 8. In all other respects the terms and provisions of the Trust are hereby ratified and confirmed. Further, effective upon the execution and recording of this Amendment, Linda E. Markham resigns as Trustee of the Trust, and Thomas D. Laudani is appointed to take her place. WITNESS our hands and seals this day of December, 1993. LOT OWNERS: Thomas D. Laudani, Trustee of the Cobblestone Crossing Realty Trust (as to Lots 1A, 2AA, 3A, 4A, 5, 6, 7, 9, 10, 12AAA, 13A, 14, 15A, 16A, and 18 through 22) Richard A. Williams (as to Lot 8) 2 i Mary-Ellen A. Williams (as to Lot 8) Michael J. Cabral (as to Lot 11AA) Gloria F. Cabral (as to Lot 11AA) Linda E. Markham, as Trustee and not individually Pursuant to Article XI of the Declaration of Trust, this Amendment is hereby approved by the Town Manager of the Town of North Andover. Town of North Andover By: its , Town Manager By execution of this Amendment the undersigned Thomas D. Laudani accepts his appointment as Trustee of the Trust, Thomas D. Laudani 3 } COMMONWEALTH OF MASSACHUSETTS Essex, s.s. December 1993 Then personally appeared before me the above-named Thomas D. Laudani, individually and as Trustee as aforesaid, and acknowledged the foregoing instrument to be his free act and deed. Notary Public My Commission expires: 4 � 1 Exhibit C Certain parcels of land located in the Town of North Andover Massachusetts said parcels being described as follows; (a) Parcel A-2 (containing 3,920 s.f,) and Parcel A-4 (containing 16,500 s.f.), both as shown on a plan entitled "Cobblestone Crossing, Definitive Subdivision Plan, North Andover, MA," which Original Plan is recorded with Essex North Deeds as Plan No. 12251; (b) Lot "V (containing 13,283 s,f.), as shown on a plan entitled "Revised Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Revised Plan is recorded with Essex North Deeds as Plan No. 12286; (c) Lot "Y" (containing 37,780 s.f,) and Parcel "A-3-A" (containing 43,958 s.f.), both as described on the attached Exhibit C-1; and (d) Parcel "L" (containing 23,364 s.f.), Lot "M" (containing 771 s.f.), and Parcel "P" (containing 64,445 s.f,), all as shown on a plan entitled "Modified Definitive Plan, Cobblestone Crossing in North Andover, Mass,," which Modified Plan is recorded with Essex North Deeds as Plan No. 5 Exhibit C-1 Lot Y A parcel of land in North Andover, MA, the metes and bounds of which are shown (a) in part on a plan (the "Original Plan") entitled "Cobblestone Crossing, Definitive Subdivision Plan, North Andover, MA," which Original Plan is recorded with the Essex North Registry of Deeds as Plan No. 12251, (b) in part on a plan (the "Revised Plan") entitled "Revised Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Revised Plan is recorded with said Deeds as Plan No. 12286, and (c) in part on a plan (the "Modified Plan") entitled "Modified Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Modified Plan is recorded with said Deeds as Plan No. , and winch parcel is bounded and described as follows: Beginning at a point on the southwesterly sideline of Massachusetts Avenue, which point is located on the easterly lot line of Lot 17 as shown on the Original Plan; then running S24"03'25"W along Lot 17 as shown on the Original Plan, a distance of 65.58 feet; then running S40158'06"W along said Lot 17, a distance of 60.00 feet; then running S82°09'53"W along said Lot 17, a distance of 50.33 feet; then running S24128'25"W along "Existing Lot to Remain" as shown on the Original Plan, a distance of 100.00 feet; then running S65°31'35"E along "Existing Lot A-4" as shown on the Original Plan, a distance of 25.00 feet; then running S24°28'25"W along said "Existing Lot A-4", a distance of 110.00 feet; then running S65°31'35"E as shown on the Original Plan, a distance of 100.00 feet; then running S24°11'15"W as shown on the Original Plan, a distance of 350.00 feet; then running 6 1 j N84009'38"E as shown on the Modified Plan, a distance of 10.53 feet; then running N24011'l5"E along New Lot # 13A as shown on the Modified Plan, a distance of 146.26 feet; then running N580 12'12"E along said New Lot # 13A, a distance of 13.00 feet; then running N23152'32"E along Lot 14 as shown on the Revised Plan, a distance of 134.68 feet; then running N16027'04"E along Lot 15A as shown on the Revised Plan, a distance of 90.70 feet; then running N12'01'17"E along said Lot 15A, a distance of 39.08 feet; then running N66156'12"E along Lot 16A as shown on the Revised Plan, a distance of 47.90 feet; then running N28137'16"E along said Lot 16A, a distance of 131,05 feet; then running N49°34'39" along Lot lA as shown on the Revised Plan, a distance of 18.29 feet; then running N40°33'15"E along said Lot 1A, a distance of 99.98 feet; then running S49134'39"E along said Lot IA, a distance of 125.00 feet; then running N40°25'21"E along Cobblestone Circle as shown on the Revised Plan, a distance of 33.00 feet; then running Northwesterly along said Cobblestone Circle by an arc with a radius of 30.00 feet, a distance of 47.12 feet; then running N49°34'39"W along Massachusetts Avenue, a distance of 150.67 feet, to the point of beginning. Containing approximately 37,780 s.f. of land. 7 Lot A-3-A A parcel of land in North Andover, MA, being a portion of Lot A-3 as shown on the Original Plan, and being bounded and described as follows: Beginning at the point where the westerly sideline of New Lot 12A meets Copley Circle, as shown on the Modified Plan; then running S24a 11'15W along said Copley Circle, a distance of 44.36 feet; then running S02°45'55"E along Parcel "P" as shown on the Modified Plan, a distance of 125.06 feet; then running N87°00'14"E as shown on the Original Plan, a distance of 186,02 feet; then running N87°11'55"E as shown on the Original Plan, a distance of 247.47 feet; then running N86°52'54"E as shown on the Original Plan, a distance of 41.24 feet; then running NO1°56'12"W as shown on the Original Plan, a distance of 124.89 feet; then running N87°03'57"E as shown on the Original Plan, a distance of 217.03 feet; then running N49°34'39"W as shown on the Original Plan, a distance of 134.50 feet; then running S60°34'19"W along Lot 6 as shown on the Original Plan, a distance of 151.56 feet; then running SO 1°56'12E along Lot 7 as shown on the Original Plan, a distance of 126.26 feet; then running S87°11'55"W along said Lot 7, a distance of 123.00 feet; then running N01°59'31"E along said Lot 7, a distance of 9.00 feet; then running 8 N70028'44"W along Lot 8 as shown on the Original Plan, a distance of 89.08 feet; then running S89°19'50"W, a distance of 58.41 feet; then running N02013'53"E, a distance of 52.00 feet; then running N86029'12"W, a distance of 72.84 feet; then running S02045'55"E, along New Lot 12A as shown on the Modified Plan, a distance of 61.30 feet; then running S87°00'14"W along said New Lot 12A, a distance of 107.30 feet; then running NO2°45'55"W along said New Lot 12A, a distance of 105.57 feet to the point of beginning. Containing approximately 43,958 s.f. of land. 9 EXHIBIT A-1 CERTIFICATE OF PAYMENT OF COMMON EXPENSES The undersigned hereby certifies in accordance the provisions of the Cobblestone Crossing Homeowner's Trust, u/d/t dated June 29, 1993, recorded with Essex North Registry of Deeds in Book 3772, Page 287, as amended by Amendment to Trust, dated December —, 1993 and recorded with Essex Registry of Deeds in Book , Page , that as of the date hereof, there are no unpaid Common Expenses due and payable by-the owner of Lot Witness my hand and seal this _ day of , COBBLESTONE CROSSING HOMEOWNER'S TRUST By: , Trustee COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. Then personally appeared the above-named and acknowledged the foregoing to be free act and deed and the free act and deed of Cobblestone Crossing Homeowners Trust, before me, Notary Public My commission expires: 10 r EXHIBIT B-1 AFFIDAVIT OF COBBLESTONE CROSSING HOMEOWNERS TRUST'S FAILURE TO PROVIDE CERTIFICATE OF PAYMENT OF COMMON EXPENSES The undersigned hereby certifies in accordance the provisions of the Cobblestone Crossing Homeowner's Trust, u/d/t dated June 29, 1993, recorded with Essex North Registry of Deeds in Book 3772, Page 287, as amended by Amendment to Trust, dated December , 1993 and recorded with Essex Registry of Deeds in Book , Page , (the "Trust") that (a) a request was made to the Trust for a Certificate of Payment of Common Expenses; (b) that the Trust has failed to provide the Certificate as required by the Trust; and (c) that there are no unpaid Common Expenses due and payable by the undersigned as the owner of Lot , as of the date hereof. Witness my hand and seal this day of , COMMONWEALTH OF MASSACHUSETTS ESSEX, SS, Then personally appeared the above-named and acknowledged the foregoing to be free act and deed, before me, Notary Public My commission expires: a 11 :'t rE `:4 1'1-A•�1�:iti,•i4'S?1 ,- �• I{ �, .I..::••�,,1,. ]I S i 17 BH392 ,i f l 157 QUITCLAIM DEED � We, Michael J. Arcidiacono and Rose Marie Arcidiacono of 223 Chickering Road, North Andover, Essex County, MA, for consideration paid, and in full consideration of$130,000.00, grant to Thomas D, Laudani and Franklin Stanley Davis,Trustees of the Cobblestone Crossing Realty Trust u/d/t dated June 29, { 1993 and recorded with the Essex North Registry of Deeds in Book 3772, Page 253, of 733 Turnpike Street, Suite 31 1,North Andover, Essex County, MA, with QUITCLAIM CCVENA' YTS,the following: A parcel of land situated on Chickering Road in North Andover, Essex County, MA, shown as Lot "A",containing 3.232 acres, more or less, oil a I� plan entitled "plan of Land in North Andover, Mass„ dated.August 28, 1991 -which plan is recorded with Essex North Deeds as Plan No. 11970, being bounded and described as follows: p d { Beginning at a point oil the easterlysideline of Chickering {'I b Road, which point is at the soulliwesterly corner of oilier land of granite herein, which other land W of grantee herein is shown as "Michael J. & Rose Marie Arcidiacono, 31,466 s,f, fl-" on the above referenced plan; then running t Southeasterly by an arc with a radius of 20,00 feet, a distance of 41,15 feet; k then running hil N86034'30"E a distance of 207.97 feet to a point; then running :4 NO3°54'59"W a distance of 160.00 feet to a point; then running N86139'07"E a distance of 326.16 feet to a point; theft running P.' S02154'3I'T a distance of 125,22 feet to a drift hole; then running �F S03135'47"E a distance of 241.21 feet to an iron rod; then running , y f 4S89115'04"W a distance of 146.35 feet to a drill hole; then running w l S86°22'59"W a distance of 232.18 feet to a point; then running N03125'30"1~a distance of 150,81 feet to a point; 11ien running 3 v S86034'30"W a distance of 93.00 feet to a point; then running ' l , COBBLESTONE CROSSING HOMEOWNERS TRUST 1 ARTICLE I 1, Linda E. Markham agree to serve as Trustee hereunder according to the terms hereof. This Trust is established for the initial and primary purpose of the conservation of open space shown on a plan of land entitled "Cobblestone Crossing, A Residential Single Family Dwelling Development in North Andover, MA. , " which plan is recorded with the North Essex Registry of Deeds as Flan # 1;�_;. , in accordance with the Conservation Restrictions contained in the deed of the open space to this Trust recorded immediately hereafter. 1 ARTICLE II Section 2 . 1. �he beneficiaries of this Trust shall be -the owners of Lots 1 to 16 as shown on said plan (hereinafter "Lot Owners" ) Consistent with Section 2 .4 below, a person shall become I a beneficiary automatically upon becoming a Lot Owner and shall. y cease to be a beneficiary automatically upon ceasing to be such an owner. By acceptance of the deed to said lot the Lot Owner agrees to be bound by all of the terms of this Trust and. Rules and Regulations promulgated hereunder, to be recorded at North District • r� of Essex Registry of Deeds. Section 2 .2 . The bepeficial interest in the Trust shall be divided among the owners of said lots in proportion to the number of lots owned by eachr with each lot entitling the owner thereof to,{a six and 1/4 percent (6 .25) undivided beneficial interest in the Trust. r,C-,L Section 2 .3 . The beneficial interest appertaining to each lot shall be held and exercised as a unit and shall not be divided among several owners of any such lot.' To that end, whenever any of the Lots of record are owned by more than one person, the several owners of such lot shall (a) determine and, designate which one of such owners shall be authorized and entitled to cast votes, execute instruments and otherwise exercise the rights appertaining to such lot hereunder, and (b) notify the Trustees) of such designation by a notice in writing signed by all the record owners of such lot. Any such designation shall take effect upon receipt of the notice thereof by the Trustee(s) and may be changed at any time and from time to time by notice as aforesaid. In the absence of such notice of designation, the Trustee(s) may designate any such owner for such purposes. Section 2 .4 . The undivided beneficial interest in this Trust appertaining to each lot shall not be separated from ownership of the lot and shall be deemed conveyed or encumbered with the lot even though such interest is not expressly mentioned or fully described in the conveyance or, other instrument. Section 2 .5. It is hereby expressly declared that a Trust, and not a general partnership, limited partnership, joint venture or other association, has been created by this instrument and that the Lot owners are the BENEFICIARIES; and not partners or associates between themselves with respect to the Trust property, and hold no. relation to the Trustees other than 2 Beneficiaries, with only such rights as are conferred upon them as such Beneficiaries hereunder. ARTICLE III - Trustees Section 3 . 1. Successor Trustees Until the "takeover event" , the Trustees shall be able to appoint any successor Trustees, and during this period the Trustees may consist of as few as one. The "takeover event" shall occur at the earlier of (a) 120 days after the sale of the 15th individual lot by the developer or a successor developer (b) two years from the recording of this Trust, whichever shall first occur. Thereafter, there shall be at least three Trustees, but not more than five, such Trustees being elected by a vote of the Lot owners holding not less than fifty-one percent (51%) of the beneficial interest hereunder. The Trustees after the "takeover event" shall at all times be Lot Owners. if, and whenever, the number of Trustees shall become less than three, or less than the number of Trustees determined by the last vote of the Lot owners, such vacancies shall be filled by a vote of the Lot Owners as aforesaid. Each vote of the Lot Owners appointing a Trustee or Trustees shall be evidenced by an instrument signed in writing by, the Clerk of the Trustees that the Lot Owners holding no less than fifty-one percent ( 51%) of the beneficial interest hereunder, and the appointment of the Trustee .or Trustees shall become effective upon the recording of said instrument signed and acknowledged by the person(s) so appointed Trustee( s) with the 3 Essex -North District Registry of Deeds (hereinafter "Registry of D6ds" ) . Upon the appointment of any succeeding Trustee, such succeeding Trustee shall have the rights, powers, authority and privileges as if named as an original Trustee hereunder. Section 3.2 . Resignation or Removal of Trustees Any Trustee may resign or be discharged from the Trust hereof at any time by an instrument in writing signed and acknowledged in the manner required in Massachusetts for acknowledgment of deeds, and such resignation shall take effect upon the recording of such instrument with the Registry of Deeds. By a vote of the Lot Owners holding not less than fifty-one percent (51%) of the beneficial interest hereunder, any Trustee (except Trustees before the "takeover event" ) may be removed with or without cause, and the vacancy among the Trustee caused by such removal shall be filled in the .manner provided in section 4 . 1 above. Such removal shall become effective upon the recording with the Registry of Deeds of a Certificate of Removal signed by the Clerk of the Trustees . Section 3. 3 . No Bond Re uired No trustee named or appointed as hereinbefore provided, whether as original Trustee or as a successor to or a substitute for another, shall be obliged to give any bond or other security for the performance of any of his duties hereunder;. except if by a majority vote at a duly called Lot Owners meeting, said Trustee(s) are required to be bonded, they shall immediately do so, said cost being a Common Expense. 4 Section 3.4 . Meeting of Trustees f Meetings of the Trustees may be called by any Trustee (if there be no more than three then in office) or by any two Trustees (if there be more than three then in office) or in such other manner as the Trustees may establish; provided, however, that notice of each such meeting, stating the place, day and hour thereof shall be given at least three ( 3) days before such meeting to each Trustee, unless such notice shall be waived in writing either before or after the meeting by those Trustees not so receiving it. A majority of the number of Trustees, or a single Trustee, if there be only one, then in office shall constitute a quorum at all meetings of Trustees and such rules the Trustees may adopt. unless otherwise provided by the Trustees in such rules, all action by the Trustees shall be by a majority vote of a quorum thereof . Any action required or permitted to be taken at any meeting of the Trustees may be taken without a meeting if all' the Trustees consent to the action in writing and the written consents are filed with the records of the meetings of Trustees. Section 3 .5 . Meeting of Lot Owners Meetings of the Lot Owners may be called at any time by the Trustee( s) . and shall be called by them upon the written request of Lot owners holding more than twenty--five percent (25%) of the beneficial interest hereunder. Written notice of any such meeting designating the place, day and hour thereof shall be given by the Trustee( s) to the Lot Owners at least seven (7) days 5 r C .r� `g r prior to the date so designated. Whenever Trustees deem it necessary or appropriate, the notice sent to Lot Owners shall specify the matters to be discussed at said meeting. Meetings of Lot owners shall be conducted in accordance with such rules as the Lot Owners may adopt. Section 3 .6 . Trustee Remuneration No Trustee shall receive renumerati.on for his services unless he shall be appointed as Manager in accordance with the provisions of ARTICLE VI below; provide, however,' that if approved by a vote of the Lot Owners holding no Less than fifty--one percent ( 51%) of the beneficial interest hereunder, a Trustee may receive reasonable renumeration for extraordinary or unusual service, legal or otherwise, rendered by him in h connection with the Trust hereof . Section 3.7 . Limitation on Disqualification of Trustee Dealing. No Trustee shall .be disqualified by his office from contracting or dealing with the Trustees or with one or more Lot Owners as vendor, purchaser or otherwise, nor shall any such dealing, contract or arrangement entered into with respect to this Trust in which any Trust shall be in any way interested be avoided nor shall any Trustee so dealing or contracting or being so interested be liable to account for any profit realized by any such dealing, contract or arrangement by reason of such Trustee's holding office or of the fiduciary relation hereby established, provided the Trustee shall act in good faith and shall. disclose 6 A.W� the nature of his interest before the dealing, contract or arrangement is entered into. Section 3. 8 . Limitation of-Trustee( s) Liabilit No Trustee shall be liable to the Trust or to any Trustee for any act or omission of any other Trustee, officer or agent of the trust or be held to any personal liability whatsoever in tort, contract or otherwise in connection with the affairs of 'this Trust except only that arising from his own wilful malfeasance, bad faith, gross negligence, or reckless disregard of duty. Section 3 . 9. Indemnification of Trustee s Liability Any person made a party to any action, suit or proceeding or against whom a claim or liability is asserted by reason of the fact that he, his testator or intestate was or is a Trustee of the Trust or active in such capacity on behalf to the Trust shall be indemnified and held harmless by Trust against judgments, fines, amounts paid on account thereof (whether in settlement or otherwise) and reasonable expenses, including- attorney's fees, actually and reasonably incurred by him in connection with the defense of such action, suit, proceeding, claim or alleged liability or in connection with any appeal, therein, 'whether or not the same proceeds to judgment or is settled or otherwise brought to a conclusion; .provided, however, that no such person shall be so indemnified or reimbursed for any claim, obligation or liability which arose out of the Trustee's wilful malfeasance, bad faith, gross negligence or reckless 7 disregard of duty; and provided further, that such person gives . prompt notice thereof , executes such documents and tapes such action as will permit the Trust to conduct the defense or settlement thereof and cooperates therein. The cost of such indemnification shall be charged to all the Lot Owners as Common Expense. The rights accruing to any person under these provisions shall not exclude any other right to which he may be lawfully entitled, nor shall anything contained herein restrict such right of a Trustee to contribution as may be available under applicable law. ARTICLE IV -- DUTIES AND POWERS OF TRUSTEE(S ) Section 4 . 1.. General Duties The Trustee(s) shall have the duty of managing, maintaining and controlling the Open Space and all .improvements made thereto for the benefit of the beneficiaries including the entrance way, the fencing and the landscaping and to this end shall have, hereinafter specified, the foll..owing powers: (i) To appoint and remove at pleasure all officers, agents and employees of the Trust, prescribe their duties, fix their compensation, and require of them such security or fidelity bond(s) as they may deem expedient. Nothing contained in this Trust shall be construed to prohibit the employment of any Lot Owner or Trustee in 'any capacity whatsoever. (ii) To establish, levy and assess, and collect general and special assessments as set forth in this Agreement, including 8 without limitation, monthly and/or periodic charges for insurance, maintenance, fencing and landscaping, legal, accounting, administrative services, real estate and municipal taxes and assessments, and other costs and expenses contemplated or provided for in this Agreement (hereinafter referred to as "Common Expenses" ) . The Trustees shall have the duty. to take such action as they may deem reasonably required under the circumstances to collect from Lot Owners who fail to pay Common Expenses within. thirty (30) days of the due date or within such shorter period of time as may be determined by the Trustees, including without thereby limiting the generality of the foregoing, the commencement of legal. action. (iii) To do all thing necessary to maintain, improve, replace, alter and otherwise administer and care for the Open Space. (iv) To obtain all policies of insurance required by this Trust and such other insurance as may be required by law or as the Trustee may from time to time determine. (v) To obtain any legal, accounting, administrative and other services deemed advisable by the Trustees, to whom the Trustees may delegate certain of its powers and duties. The Trustees shall be entitled to rely upon the advice and counsel of attorneys, accountants and other advisors hired by them and shall be protected in so doing. (vi) To adopt, amend, modify and rescind from time to time and enforce rules and regulations governing the use of the open Space and the personal conduct of the Lnt Owners and their 9 guests and tenants thereon. These rules and regulations shall be binding upon all • Lot Owners and residents of the subdivision, unless and until they shall be modified or rescinded by vote of the Lot owners holding not less than fifty-one percent (51%) of the beneficial interest in the .Trust. (vii) To cause to be kept a complete record of all its acts and the affairs of the Trust and to present a statement thereof to the Lot Owners at the annual meeting of the lot owners. (viii) To purchase, or otherwise acquire title to or an interest in, sell, and otherwise maintain, manage, hold, use, and dispose of any equipment in the course of their administration and management of the Open Space. (ix) To open and maintain bank accounts, and to authorize the drawing of checks and other financial instruments, and to keep a full and complete record of all financial transactions for Lot owners and to prepare periodic financial reports and accountings as may be reasonably required by the Lot Owners. (x) To sign, seal, acknowledge, deliver and register in any one or more public offices or places or registering all such instruments and documents as the Trustees shall deem necessary or desirable in the exercise of their powers and the discharge of their duties. (xi) To assess. the cost of repair and/or replacement to any Lot Owner causing any damage to the Open Space. (xii) To take such steps, including the expenditure of funds, to protect and preserve the Open Space. 10 Section 4 .2 . Taxes and Municipal Assessments. The .Trustee(s) shall pay all real estate taxes and other municipal assessments arising out of the Trust's ownership, operation and control of the Open Space and improvements thereon, and such taxes and assessments shall be charged to all the Lot Owners as Common Expenses. ARTICLE V - APPOINTMENT OF A MANAGER The original Trustees or a majority of the successor Trustees may recommend to the Lot Owners that a Manager be hired to manage and maintain the Open Space and shall, in such recommendation, state the proposed terms of employment and the . cost thereof. If approved by Lot Owners holding no less than seventy-five percent ( 75%) of the beneficial, interest hereunder, such Manager shall be hired upon the terms proposed and approved, and the cost of his services shall be charged to all the Lot Owners as a Common Expense. ARTICLE VI - ASSESSMENT FOR COMMON EXPENSES Section 6. 1. By becoming beneficiaries of this Trust, the owners of Lots I though 16 on said Subdivision Plan agree to pay the Common Expenses of the Trust. These expenses shall be assessed against each Lot Owner in proportion to his beneficial interest in the Trust and shall be payable within thirty (30 ) days. Interest on amounts remaining unpaid after thirty ( 30) days shall accrue at the rate of 18% per annum. The Lot Owner shall also be responsible for all attorneys fees and costs in any action to collect past due Common Expenses. I1 THE OWNER OF RECORD OF LOTS 1 THROUGH 16 ON THE DATE OF RECORDING OF THIS- TRUST (HEREINAFTER REFERRED TO AS THE "DEVELOPER" ) WILL BE RESPONSIBLE FOR ITS PRO-RATA SHARE OF COMMON EXPENSES UNTIL THE TAKEOVER EVENT. NOTWITHSTANDING THE ABOVE, FOLLOWING THE TAKEOVER EVENT THE DEVELOPER WILL NOT BE RESPONSIBLE FOR THE COMMON EXPENSES FOR ANY LOT THAT IS NOT SOLD OR RENTED. NOTWITHSTANDING THE ABOVE, THE DEVELOPER WILL NOT BE RESPONSIBLE FOR THE COMMON EXPENSES FOR ANY LOT THAT IS NOT BUILDABLE. IN THE EVENT THAT DEVELOPER IS NOT RESPONSIBLE FOR THE COMMON EXPENSES FOR ANY LOT THAT IS NOT SOLD, NOT RENTED OR NON-BUILDABLE, THE COMMON EXPENSES OF THE REMAINING LOT OWNERS SHALL PAY THE COMMON EXPENSES OTHERWISE ALLOCABLE TO THE DEVELOPER, ON A PRO-RATA BASIS. The Trustee ( s) shall in them discretion, prior to the commencement of each fiscal year of the Trust, estimate the Common Expenses to be incurred by the Trust during such forthcoming fiscal year and assess each Lot Owner as aforesaid for such estimated expenses. In the event the actual. Common Expenses incurred by the Trust exceed such estimated expenses, supplemental assessments may be made by the Trustee(s) as aforesaid. THAT PORTION OF A LOT OWNER'S SHARE OF THE COMMON EXPENSES REMAINING UNPAID THIRTY (30) DAYS AFTER THE DATE STIPULATED FOR PAYMENT THEREOF, ALONG WITH ANY INTEREST AND COSTS ACCRUING THEREON, SHALL CONSTITUTE A LIEN UPON HIS LOT AND ALL IMPROVEMENTS THEREON. This lien shall take effect without the necessity of recording a notice thereof with the Registry of 12 Deeds and shall be binding on all subsequent owners. At the end of each fiscal year of the Trust, the Trustee(e) shall render a, written account to each Lot Owner of the receipts of and disbursements made by the Trust during said year. Upon request, the Trustee(s) shall issue a certificate as set forth in Article XIII , hereof that no lien for Common Expenses exists on any specified lot in a form recordable at the Registry of Deeds. Section 6 . 2 . Foreclosure of Liens and Subordination to Mortgages The liens provided for in Article VT , Section 6 . 1 above may be enforced in case of non-payment when due, by sale of the premises subject thereto, in the manner provided by law for the foreclosure of mortgages containing a power of sale, provided that notice of the commencement of such proceedings or an affidavit of such sale, is filed or recorded in said Registry within two years of the date on which payment is due. The liens provided for herein shall be subordinate to the lien of any mortgage given by the owner of any such building lot to any bank or other lending institution; provided, however, that any such mortgagee when in possession and any purchaser at any foreclosure sale, and all persons claiming under them, shall hold such building lot subject to the obligations and liens set forth in Article VI, Section 6 . 1 which have accrued after sale or possession. 13 300 Section 6 . 3 . Reserve Funds The Trustees shall, to the extent they deem advisable, set aside Common Funds for reserve or contingent liabilities, and may use the funds so set aside for repair or restoration of the Open Space or improvements thereto, and the funds so set aside shall not be deemed to be common profits available for distribution. ARTICLE VII RIGHTS AND OBLIGATIONS OF THIRD PARTIES DEALING WITH TRUSTEE Section 7 . 1. . Any contract, conveyance or other instrument signed by the original Trustee(s) or a majority of the Successor Trustees shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that at the time -of delivery thereof the execution and delivery of that instrument was duly authorized by all the Trustees. No person shall be bound to inquire concerning the validity of any such instrument thus purported to be made by the Trustee(s) nor be liable to see to the application of any monies paid. Section 7 .2 . No recourse shall at any time be had under or upon any note, bond, contract, covenant, or agreement, whether oral or written, made, issued, or executed by the Trustee(s) individually, or against any such agent or employee, or against any beneficiary, either directly or indirectly, by . legal or equitable proceeding, or by virtue of any suit or otherwise, and all persons extending credit to, contracting with or having any claim against the Trustee(s) , shall look only to 14 the. Trust property for payment under such contract or claim, or for the payment of any debt, damage, judgment or decree, or of any money that may otherwise become due or payable to them from the Trustee(s) nor the beneficiaries, present or future, shall be personally liable therefor. Section 7.3 . Every note, bond, contract, order, instrument, certificate, undertaking, obligation, covenant or agreement whether oral or written, made, issued, or executed by the Trustee(s) , or by any agent or employee of the Trustee(s) , shall be deemed to have been entered into subject to . the terms, conditions, provisions and restrictions hereof, whether or not express reference shall have been made to this instrument. ARTICLE VIII - NOTICE TO LOT OWNERS Every notice to a Lot Owner required under the provisions hereof or other communication which may be deemed by the Trustees to be necessary or desirable in connection with the execution of this Trust or which may be ordered in any judicial proceeding shall be deemed sufficient and binding if a written or printed copy of such notice or communication shall be given by one or more of the Trustees to such Lot Owner by leaving such or mailing it postage prepaid and addressed to such Lot Owner at his address in the subdivision or at such other address as shall appear on the records of the Trustees. ARTICLE IX - BANKING The Trustees shall constitute as a depository for Trust funds, such bank or trust company as the Trustee (s) shall from 15 time to time select. Checks, notes, drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustee(s) or of the Trust may be signed by any two (2) Trustees or by one Trustee if there is only one, or by any Manager to whom such power at any time or from time to time be delegated by not less than a majority of the Trustees. ARTICLE X - FISCAL YEAR The fiscal year of the Trust shall be the year ending with the last day of December or such other date as may from time to time be determined by the Trustee(s) . ARTICLE XI - AMENDMENT This Trust may be amended from time to time by an .instrument in writing signed by- Lot Owners holding at least two-thirds (2/3 ) of the beneficial interest hereunder, provided, however, that no amendment shall be made to this Article and Articles I, Il, VI and XII, and provided further that no amendment shall (a) abridge the limitation on Trustee liability or a Trustee's right to indemnification hereunder, or (b) provide that any Lot Owner action may be taken by a vote of Lot Owners holding less than fifty-one percent (51%) percent of the beneficial interest hereunder, or that improvements, the cost of which are to be charged as a Common Expense, be authorized by a vote of Lot owners holding less than eighty (80%) percent of the beneficial interest hereunder. Amendments shall not be effective unless approved by the Town Manager or his designee which approval shall not be withheld if such amendments do not affect 16 i 1303 the interests of the Town. Amendments to this Trust shall not take effect until the instrument of amendment shall be recorded in the Registry of Deeds. ARTICLE XII - TERMINATION This Trust shall terminate automatically if the Town of North, Andover accepts ownership of the Open Space pursuant to M.G.L. Chapter 40A, Section 9 . ARTICLE XIII - CERTIFICATES REGARDING COMMON EXPENSES Section 13 . 1 . Upon the request of any Lot Owner, the Trustee(s ) shall, within seven (7 ) days,. provide a Certificate of Payment of Common Expenses, in recordable form, which Certificate shall indicate the amount of Common Expenses, if any, then due by a Lot Owner pursuant to this Agreement. Said Certificate shall be substantially in the form annexed hereto as Exhibit A. The recording of said Certificate shall operate to discharge any lien or encumbrance which may otherwise be created by this Agreement with respect to any Common Expenses, fees or other charges not indicated on the Certificate, provided, however, the Certificate shall not affect the obligation of any person liable for the payment of the Common Expenses by reason of being the record owner v of such lot at the time the fees were incurred. Section 13 .2. In the event that the Trust fails to provide the Certificate of Payment of Common Expenses within said seven (7 ) days, the Lot Owner may record an affidavit substantially in the form annexed hereto as Exhibit D stating that (a) a request was made to the Trustee( s) for the Certificate; (b) that the Trustee(s) 17 :304- have failed to provide the Certificate as required under this Agreement; and (c) that there are no unpaid Common Expenses due and payable by said Lot Owner. The recording of said affidavit shall operate to discharge any lien or encumbrance which may otherwise be created by this Agreement with respect to Common Expenses then due and payable; provided, however, the affidavit shall not affect the obligation of any person liable for the payment of the Common Expenses by reason of being the record owner of such lot at the time the fees were .incurred. Section 13 .3 . Notwithstanding anything contained in this Agreement, any lien or encumbrance which may otherwise be created by this Agreement with respect to Common Expenses which may at any time become due by a Lot Owner under this Agreement, shall be subordinate to a first mortgage of record, whether recorded before 4 or after this Agreement. IN WITNESS WHEREOF, Linda E. Markham, Trustee, has. hereunto set her hand and seal this �,' 'day of June, 1993. VA Linda E. Markham, Trustee and not individually COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. \%,� ? , 1993 Then personally appeared the above-named Linda E. Markham, Trustee and acknowledged the foregoing instrument to be her free act an dee , b or �me Andrew A. zif fr Y r = Notary Public My Commission Expires : 06/12/98 18 305 EXHIBIT A 7 CERTIFICATE OF PAYMENT OF COMMON EXPENSES The undersigned hereby certified in accordance with an Agreement dated 11, 1993 between Linda E. Markham, Trustee of Cobblestone Crossing Homeowners Trust, u/d/t dated at 1993 recorded with Essex North Registry of Deeds in Book , Page that as of the date hereof, there are no unpaid Common Expenses due and payable by the owner of Lot as shown on a plan of land entitled "Cobblestone Crossing, A Residential Single Family Dwelling Development in North Andover, MA. , " which plan is recorded with the Essex North Registry of Deeds as Plan No. . Witness my hand and seal this day of 1993 . COBBLESTONE CROSSING HOMEOWNERS TRUST By: Trustee COMMONWEALTH OF MASSACHUSETTS Essex, ea. , 1993 Then personally appeared the above-named and acknowledged the foregoing instrument to be his/her/their free act and deed, before me Notary Public My Commission Expires: 19 j CONSERVATION RESTRICTION I. GRANTING CLAUSE: I, Thomas D, Laudam, Trustee of Cobblestone Crossing Realty Trust, ufdlt dated Jane 29, 1993, and recorded with the Essex North Registry of Deeds in Book 37722 Page 287, having an address at 733 Turnpike Street, Suite 209, North Andover, MA 01845 ("Grantor"), acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws, grant, with Quitclaim Covenants, to the Inhabitants of the Town of North Andover, acting by and through its Conservation Commission, located at 120 Main Street, North Andover, MA, and its successors and permitted assigns ("Grantee") in perpetuity and exclusively for conservation purposes as set forth in Section 8C of Chapter 40 of the General Laws, the following described Conservation Restriction on certain parcels of land located in the Town of North Andover, Massachusetts, said parcels being described as follows (the "Premises"): (a) Parcel A-2 (containing 3,920 s.£) and Parcel A-4 (containing 16,500 s1), both as shown on a plan (the "Original Plan") entitled "Cobblestone Crossing, Definitive Subdivision Plan, North Andover, MA," which Original Plan is recorded with Essex North Deeds as Plan No, 12251; (b) Lot "X" (containing 13,283 s.f.), as shown on a plan (the "Revised Plan") entitled "Revised Definitive Plan, Cobblestone Crossing in North Andover, Mass,," which Revised Plan is recorded with Essex North Deeds as Plan No, 12286; (c) Lot "Y" (Containing 37,780 s.f.) and Parcel "A-3-A" (containing 43,958 st), both as described on the attached Exhibit A; and (d) Parcel "L" (containing 23,364 st), Lot "M" (containing 771 s.f.), Area of Open Space Restriction "N" (containing 2,410 s,f.), Open Space Restriction "0" (containing 684 s,f,), Parcel "P" (containing 64,445 s,f,), ,Area of Conservation Restriction "Q" (containing 2,724 s,f.), Area of Conservation Restriction "R" (containing 1,609 s,f.), Area of Conservation restriction "S" (containing 1,221 s.f.), Area shown as "Area of Open Space Restriction = 1,094 s.f.", and Area shown as "Area of Open Space Restriction = 1,974 s.££", all as shown on a plan (the "Modified Plan") entitled "Modified Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Modified Plan is recorded with Essex North Deeds as Plan No. 12330, Y 1 IL PURPOSES: The Premises contain unusual unique or outstanding qualities the protection of which in their predominantly natural or open condition will be of benefit to the public. III. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES: A. Prohibited Acts and ULU, Subject to the exceptions set forth in paragraph B below, the following acts and uses are prohibited on the Premises: 1. Constructing or placing of any building, tennis court, landing strip, mobile home, swimming pool, fences, asphalt or concrete pavement, sign, billboard or other advertising display, antenna, utility pole, tower, conduit, line or other temporary or permanent structure or facility on, below or above the Premises; 2. Mining, excavating, dre.dgiug or removing from the Premises of soil, loam, peat, gravel, sand, rook or other mineral resource or natural deposit; 3. Placing, filling, storing or dumping on the Premises of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, gunk, waste or other substance or material whatsoever or the installation of underground storage tanks; 4. Cutting, removing or otherwise destroying trees, grasses or other vegetation; S. Activities detrimental to drainage, flood control, water conservation, erasion control or soil conservation; G. Any other use of the Premises or activity which would materially impair significant conservation interests unless necessary for the protection of the conservation interests that are the subject of this Conservation Restriction or within the scope of normal subdivision development consistent with subdivision approvals granted by the Town of North Andover. j B, Exceptions to Otherwise P 'ted Acts and Us , The following acts and uses otherwise prohibited in subparagraph A are permitted but only if such acts or uses do not materially impair significant conservation interests: 1. Construction and maintenance of the-entry way in substantial conformity with the architect's concept shown on Sheet C-5 of the Original Plan, 2, Excavation and removal from the Premises of soil, gravel or other mineral resource or natural deposit as may be incidental to the installation, maintenance or removal of underground utilities, and other underground structures pursuant to the Form M Conveyance of Easements and Utilities to the Town of North Andover, recorded with the Essex North Registry of heeds at Book , Page _ or to the maintenance of good drainage, soil conservation practices or to other permissible use of the Premises. 3, The placing of fences that do not interfere with the conservation purposes of this restriction. 4, Selective cutting of trees for fire protection, unpaved trail and road maintenance, tick control, or otherwise to preserve the present condition of the Premises, including vistas. 5, Maintenance, repair and replacement of now existing drives, roadways, sidewalks, or other paved areas, 6. Installations, maintenances, repairs and replacements which may result from the exercise by Grantor of any rights reserved in paragraph C below, C, eermitted Acts µand Uses, All acts and uses not prohibited by subparagraphs A and B are permissible. Further, notwithstanding anything contained herein to the contrary, Grantee recognizes that the Premises are being conveyed as part of a single-family subdivision development, and Grantor expressly retains and reserves for itself, and its successors and assigns, and the Premises are conveyed subject to, the following reserved easements and rights, all of which are allowed: 1, Easements for landscaping, sloping, drainage and utility purposes in the areas shown on the Original Plan, the Revised Plan, or the Modified Plan, as the case may bc, and the right to do work in such easement areas. 2. The easement right to drain surface and subsurface water onto the Premises (including quantity and rate) from the land retained by Grantor. TV. LEGAL REMEDIES OF THE GRANTEE: A. Legal And Tn'un 've Relief, The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to its condition prior to the time of injury complained of(it being agreed that Grantee may have no adequate reinedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available to Grantee, B. ReimburseM2nt of Cgs Enfor nt, Grantor, for himself and his successors and assigns, covenants and agrees to reimburse Grantee for all reasonable costs and expenses (including without limitation counsel fees) incurred in enforcing this Conservation Restriction or in remedying or abating any violation thereof, C. Grantee's Disclaimer of Ua,�jlity. By its acceptance of this Conservation Restriction, Grantee does not undertake any liability or obligation relating to the condition of the Premises, D. Sty-grabiliV Clause, If any provision of this Conservation Restriction shall to any extent be held invalid, the remainder shall not be affected. E. Non-Waiver. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. V. ACCESS: } The Conservation Restriction hereby conveyed does not grant to Grantee, to the general public, or to any person any right to enter upon the Premises except there is granted to the Grantee acting by and through its Conservation Commission or its designees the right to enter the Premises at reasonable times and in a reasonable manner for the purpose of inspecting the Premises to determine compliance herewith and to enforce the provisions hereof, VI. ASSIGNABILITY: A, &unninz of the Baurden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity!, and shall be enforceable against Grantor and the successors and assigns of Grantor holding any interest in the Premises, B. Running oft the Benefi The benefits of this Conservation Restriction shall'be in gross and shall not be assignable by Grantee, except in the following instances and from time to time: (i) as a condition of any assignment, the Grantee rewires that the purpose of this Conservation Restriction continue to be carried out, and (ii) the assignee, at the time of assignment, qualifies under Section 32 of Chapter 184 of the General Laws as an eligible donee to receive this Conservation Restriction directly, VIL EFFECTIVE DATE: This Conservation Restriction shall be effective when Grantor and Grantee have executed it and it has been recorded with the Esser North Registry of Deeds VIII. RECORDATION: The Grantor shall record this instrument in timely fashion in the North Essex Registry of Deeds. IX. SUBSEQUENT TRANSFERS: II. PURPOSES: The Premises contain unusual unique or outstanding qualities the protection of which in their predominantly natural or open condition will be of benefit to the public. These qualities include various plant species and aesthetic qualities of wooded wetlands. III. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES: A. Prohibited Acts and Uses. Subject to the exceptions set forth in paragraph B below, the following acts and uses are prohibited on the Premises: 1. Constructing or placing of any building, tennis court, landing strip, mobile home, swimming pool, fences, asphalt or concrete pavement, sign, billboard or other advertising display, antenna, utility pole, tower, conduit, line or other temporary or permanent structure or facility on, below or above the Premises; 2. Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit; 3, Placing, filling, storing or dumping on the Premises of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or other substance or material whatsoever or the installation of underground storage tanks; 4. Cutting, removing or otherwise destroying trees, grasses or other vegetation; 5. Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation; 6. Any other use of the Premises or activity which would materially impair significant conservation interests unless necessary for the protection of the conservation interests that are the subject of this Conservation Restriction or within the scope of normal subdivision development consistent with subdivision approvals granted by Grantee to Grantor. 2 B. Exceptions to Otherwise Prohibited Acts and Uses. The following acts and uses otherwise prohibited in subparagraph A are permitted but only if such acts or uses do not materially impair significant conservation interests: 1. Construction and maintenance of the entry way in substantial conformity with the architect's concept shown on Sheet C-5 of the Original Plan. 2. Excavation and removal from the Premises of soil, gravel or other mineral resource or natural deposit as may be incidental to the maintenance or removal of underground tanks, septic systems, utilities, and other underground structures or to the maintenance of good drainage, soil conservation practices or to other permissible use of the Premises. 3, The maintenance of piles of limbs, brush, leaves and similar biodegradable material provided such piles do not interfere with the conservation objectives of this Conservation Restriction. 4. The placing of fences that do not interfere with the conservation purposes of this restriction. 6. Selective cutting of trees for fire protection, unpaved trail and road maintenance, tick control, or otherwise to preserve the present condition of the Premises, including vistas. 7. Maintenance, repair and replacement of now existing drives, roadways, sidewalks, or other paved areas. 8. Installations maintenances repairs and replacements which may result from the exercise by Grantor of any rights reserved in paragraph C below. C. Permitted Acts and Uses. All acts and uses not prohibited by subparagraphs A and B are permissible. Further, notwithstanding anything contained herein to the contrary, Grantee recognizes that the Premises are being conveyed as part of a single-family subdivision development, and Grantor expressly retains and reserves for itself, and its successors and assigns, and the Premises are conveyed subject to, the following reserved easements and rights, all of which are allowed: 3 1. Easements for landscaping, sloping, drainage and utility purposes in the areas shown on the Original Plan, the Revised Plan, or the Modified Plan, as the case may be, and the right to do work in such easement areas. 2. The easement right to drain surface and subsurface water onto the Premises (including quantity and rate) from the land retained by Grantor. IV. LEGAL REMEDIES OF THE GRANTEE: A. Legal and Injunctive Relief. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to its condition prior to the time of injury complained of (it being agreed that Grantee may have no adequate remedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available to Grantee. B. Reimbursement of Costs of Enforcement. Grantor, for himself and his successors and assigns, covenants and agrees to reimburse Grantee for all reasonable costs and expenses (including without limitation counsel fees) incurred in enforcing this Conservation Restriction or in remedying or abating any violation thereof. C. Grantee's Disclaimer of Liability. By its acceptance of this Conservation Restriction, Grantee does not undertake any liability or obligation relating to the condition of the Premises. D. Severabili . Clause. If any provision of this Conservation Restriction shall to any extent be held invalid, the remainder shall not be affected. E. Non-Waiver. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. 4 { V, ACCESS: The Conservation Restriction hereby conveyed does not grant to Grantee, to the general public, or to any person any right to enter upon the Premises. VI. ASSIGNABILITY: A. Running_ of f the Burden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against Grantor and the successors and assigns of Grantor holding any interest in the Premises. B. Running of the Benefit, The benefits of this Conservation Restriction shall be in gross and shall not be assignable by Grantee, except in the following instances and from time to time: (i) as a condition of any assignment, the Grantee requires that the purpose of this Conservation Restriction continue to be carried out, and (ii) the assignee, at the time of assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and under Section 32 0£ Chapter 184 of the General Laws as an eligible donee to receive this Conservation Restriction directly. VIL EFFECTIVE DATE: This Conservation Restriction shall be effective when Grantor and Grantee have executed it and it has been recorded. VIII. RECORDATION: The Grantor shall record this instrument, in timely fashion in the North Essex Registry of Deeds. IX. SUBSEQUENT TRANSFERS: Grantor agrees to incorporate by reference the terms of this Conservation Restriction in the initial deed(s) from him by which he divests himself of any interest in all or a portion of the Premises. 5 The restrictions shall remain in full force and effect until thirty (30) years from this date, and may thereafter be extended and continued for further periods of twenty (20) years each in the manner provided in Massachusetts General Laws, Chapter 184, Section 27, as it may be amended from time to time. Upon the recording of the administrative approvals required by Section 32 of Chapter 184 of the General laws, the burden of this restriction shall run in perpetuity. EXECUTED UNDER SEAL THIS ��` ` DAY OF DECEMBER, 1993. COBBLESTONE CROSSING REALTY TRUST Thomas D. Laudani, as Trustee and not individually COMMONWEALTH OF MASSACHUSETTS Essex, ss. December 7, 1993 Then personally appeared before me the above-named Thomas D. Laudani and acknowledged the foregoing instrument to be his free act and deed as trustee of Cobblestone Crossing Realty Trust. Mm)-c Q, - fl- LuL_t�' Notary Public My Commission Expires: My Cron'E Mk"A**20,1997 6 1 J Grantor agrees to incorporate by reference the terms of this Conservation Restriction in the initial deed(s) from him by which he divests himself of any interest in all or a portion of the Premises, The restrictions shall remain in fu11 force and effect until thirty (30) years from this date, and may thereafter be extended and continued for further periods of twenty (20) years each in the manner provided in Massachusetts General Laws, Chapter 184, Section 27, as it may be amended from time to time, Upon the recording of the administrative approvals required by Section 32 of Chapter 184 of the General laws, the burden of this restriction shall run in perpetuity. EXECUTED UNDER SEAL THIS DAY OF DECEMBER, 1993. COBBLESTONE CROSSING REALTY TRUST By; Thomas D. Laudani, as Trustce and not individually COMMONWEALTff OF MASSACHUSETTS Essex, ss. December _, 1993 Then personally appeared before me the above-named Thomas D, Laudani and acknowledged the foregoing instrument to be his free act and deed as trustee of Cobblestone Crossing Realty Trust, Notary Public -- My Commission Expires; ACCEPTANCE OF GRANT The above Conservation Restriction is accepted pursuant to Section SC of Chapter 40 of the General Laws for conservation purposes this /, day of December, 1993. TOWN OF NORTH ANDOVER By its Conservation Commission Chairman G C0P.&e L . R6IC N COMMONWEALTH OF MASSACHUSETTS Essex, ss. December/5!g993 Then personally appeared before me the above-named and acknowledged the foregoing to be its free act and deed, otary Public 0,406T . El V" U My Commission Expires: S pf q g� 7 APPROVAL BY 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 , 199_, the Selectmen voted to approve the foregoing Conservation Restriction to the Town of North Andover pursuant to M.G.L. Ch. 184, sec. 32. SELECTMEN COMMONWEALTH OF MASSACHUSETTS Essex, ss. _, 199_ Then personally appeared before me the above-named and acknowledged the foregoing to be his or her free act and deed.. Notary Public My Commission Expires; 8 1 Exhibit A Lot Y A parcel of land in North Andover, MA, the metes and bounds of which are shown (a) in pact on a plan (the "Original Plan") entitled "Cobblestone Crossing, Definitive Subdivision Plan, North Andover, MA," which Original Plan is recorded with the Essex North Registry of Deeds as Plan No. 12251, (b) in part on a plan (the "Revised Plan") entitled "Revised Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Revised Plan is recorded with said Deeds as Plan No. 12286, and (c) in part on a plan (the "Modified Plan") entitled "Modified Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Modified Plan is recorded with said Deeds as Plan No. , and which parcel is bounded and described as follows: Beginning at a point on the southwesterly sideline of Massachusetts Avenue, which point is located on the easterly lot line of Lot 17 as shown on the Original Plan; then running S24°03'25"W along Lot 17 as shown on the Original Plan, a distance of 65.58 feet; then running S40058'06"W along said Lot 17, a distance of 60.00 feet; then running S82°09'53"W along said Lot 17, a distance of 50,33 feet; then running S24°28'25"W along "Existing Lot to Remain" as shown on the Original Plan, a distance of 100.00 feet; then running S65°31'35"E along "Existing Lot A-4" as shown on the Original Plan, a distance of 25.00 feet; then running S24°28'25"W along said "Existing Lot A-4", a distance of 110.00 feet; then running S65°31'35"E as shown on the Original Plan, a distance of 100.00 feet; then running S241 11'15"W as shown on the Original Plan, a distance of 350.00 feet; then running 9 y r N84°09'38"E as shown on the Modified Plan, a distance of 10.53 feet; then running N24°11'15"E along New Lot ## 13A as shown on the Modified Plan, a distance of 146.26 feet; then running N580 12'12"E along said New Lot 9 13A, a distance of 13.00 feet; then running N23152'32"E along Lot 14 as shown on the Revised Plan, a distance of 134.68 feet; then running N16027'04"E along Lot 15A as shown on the Revised Plan, a distance of 90.70 feet; then running N12°01'17"E along said Lot 15A, a distance of 39,08 feet; then running N66°56'12"E along Lot 16A as shown on the Revised Plan, a distance of 47,90 feet; then running N28°37'16"E along said Lot 16A, a distance of 131.05 feet; then running N49°34'39" along Lot IA as shown on the Revised Plan, a distance of 18.29 feet; then running N40°33'15"E along said Lot 1A, a distance of 99.98 feet; then running S49°34'39"E along said Lot IA, a distance of 125.00 feet; then running N40025'21"E along Cobblestone Circle as shown on the Revised Plan, a distance of 33.00 feet; then running Northwesterly along said Cobblestone Circle by an arc with a radius of 30.00 feet, a distance of 47. 12 feet; then running N49°34'39"W along Massachusetts Avenue, a distance of 150.67 feet, to the point of beginning. Containing approximately 37,780 s.f. of land. 10 Lot A-3-A A parcel of land in North Andover, MA, being a portion of Lot A-3 as shown on the Original Plan, and being bounded and described as follows: Beginning at the point where the westerly sideline of New Lot 12A meets Copley Circle, as shown on the Modified Plan; then running S240 11'15W along said Copley Circle, a distance of 44.36 feet; then running S02°45'55"E along Parcel "P" as shown on the Modified Plan, a distance of 125.06 feet; then running N87100'14"E as shown on the Original Plan, a distance of 186.02 feet; then running N87°11'55"E as shown on the Original Plan, a distance of 247.47 feet; then running N86°52'54"E as shown on the Original Plan, a distance of 41.24 feet; then running N01°56'12"W as shown on the Original Plan, a distance of 124.89 feet; then running N87°03'57"E as shown on the Original Plan, a distance of 217.03 feet; then running N49°34'39"W as shown on the Original Plan, a distance of 134.50 feet; then running S60034'19"W along Lot 6 as shown on the Original Plan, a distance of 151.56 feet; then running S01156'12E along Lot 7 as shown on the Original Plan, a distance of 126.26 feet; then running S87°11'55"W along said Lot 7, a distance of 123.00 feet; then running N01159'31"E along said Lot 7, a distance of 9.00 feet; then running Ii N70128'44"W along Lot 8 as shown on the Original Plan, a distance of 89.08 feet; then running S8901915011W, a distance of 58.41 feet; then running N020 13'53"E, a'distance of 52.00 feet; then running N86029'12"W, a distance of 72.84 feet; then running S02145'55"E, along New Lot 12A as shown on the Modified Plan, a distance of 61.30 feet; then running S87°00'14"W along said New Lot 12A, a distance of 107.30 feet; then running NO2°45'55"W along said New Lot 12A, a distance of 105.57 feet to the point of beginning. Containing approximately 43,958 s.f. of land. 12 CONSERVATION RESTRICTION I. GRANTING CLAUSE: I, Thomas D. Laudani, Trustee of Cobblestone Crossing Realty Trust, u/d/t dated June 29, t993, and recorded with the Essex North Registry of Deeds in Book 3772, Page 287, having an address at 733 Turnpike Street, Suite 209, North Andover, MA 01845 ("Grantor"), acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws, grant, with Quitclaim Covenants, to the Inhabitants of the Town of North Andover, acting by and through its Conservation Commission, located at 120 Main Street, North Andover, MA, and its successors and permitted assigns ("Grantee") in perpetuity and exclusively for conservation purposes as set forth in Section 8C of Chapter 40 of the General Laws, the following described Conservation Restriction on certain parcels of land located in the Town of North Andover, Massachusetts, said parcels being described as follows (the "Premises"): (a) Parcel A-2 (containing 3,920 s.f.) and Parcel A-4 (containing 16,500 s.f.), both as shown on a plan (the "Original Plan") entitled "Cobblestone Crossing, Definitive Subdivision Plan, North Andover, MA," which Original Plan is recorded with Essex North Deeds as Plan No. 12251; (b) Lot "X" (containing 13,283 s.f.), as shown on a plan (the "Revised Plan") entitled "Revised Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Revised Plan is recorded with Essex North Deeds as Plan No. 12286; (c) Lot "Y" (containing 37,780 s.f.) and Parcel "A-3-A" (containing 43,958 s.f.), both as described on the attached Exhibit A; and (d) Parcel "L" (containing 23,364 s,f.), Lot "M" (containing 771 s.f.), Area of Open Space Restriction "N" (containing 2,410 s.f.), Open Space Restriction "0" (containing 684 s.f.), Parcel "P" (containing 64,445 s.f.), Area of Conservation Restriction "Q" (containing 2,724 s.f.), Area of Conservation Restriction "R" (containing 1,609 s,£), Area of Conservation Restriction "S" (containing 1,221 s.f.), Area shown as "Area of Open Space Restriction = 1,094 s.f.", and Area shown as "Area of Open Space Restriction = 1,974 s.f,", all as shown on a plan (the "Modified Plan") entitled "Modified Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Modified Plan is recorded with Essex North Deeds as Plan No. LkSl P L Linda E. Markham, as Trustee and not individually Pursuant to Article XI of the Declaration of Trust, this Amendment is hereby approved by the Town Manager of the Town of North Andover. Town of North Andover By: Town Manager By execution of this Amendment the undersigned Thomas D. Laudani accepts his appointment as Trustee of the Trust. Thomas D. Laudani 3 COMMONWEALTH OF MASSACHUSETTS Essex, s.s. December �, 1993 Then personally appeared before me the above-named Thomas D. Laudani, individually and as Trustee as aforesaid, and acknowledged the foregoing instrument to be his free act and deed. ZAuer ' ' Ems" , Notary Public My Commission expires: SPt 9, 199 4 4 Exhibit C Certain parcels of land located in the Town of North Andover, Massachusetts, said parcels being described as follows: (a) Parcel A-2 (containing 3,920 s.f.) and Parcel A-4 (containing 16,500 s.f.), both as shown on a plan entitled "Cobblestone Crossing, Definitive Subdivision Plan, North Andover, MA," which Original Plan is recorded with Essex North Deeds as Plan No. 12251; (b) Lot "X" (containing 13,283 s.f.), as shown on a plan entitled "Revised Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Revised Plan is recorded with Essex North Deeds as Plan No. 12286; (c) Lot "Y" (containing 37,780 s.f.) and Parcel "A-3-A" (containing 43,958 s.f.), both as described on the attached Exhibit C-1; and (d) Parcel "L" (containing 23,364 s.f.), Lot "M" (containing 771 s.f.), and Parcel "P" (containing 64,445 s.f.), all as shown on a plan entitled "Modified Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Modified Plan is recorded with Essex North Deeds as Plan No. 5 Exhibit C-1 Lot Y A parcel of land-in North Andover, MA, the metes and bounds of which are shown (a) in part on a plan (the "Original Plan") entitled "Cobblestone Crossing, Definitive Subdivision Plan, North Andover, MA," which Original Plan is recorded with the Essex North Registry of Deeds as Plan No. 12251, (b) in part on a plan (the "Revised Plan") entitled "Revised Definitive Plan, Cobblestone Crossing in North Andover, Mass.," which Revised Plan is recorded with said Deeds as Plan No. 12286, and (c) in part on a plan (the "Modified Plan") entitled "Modified Definitive Plan, Cobblestone Crossing in North Andover, Mass,," which Modified Plan is recorded with said Deeds as Plan No. , and which parcel is bounded and described as follows, Beginning at a point on the southwesterly sideline of Massachusetts Avenue, which point is located on the easterly lot line of Lot 17 as shown on the Original Plan; then running S24°03'25"W along Lot 17 as shown on the Original Plan, a distance of 65.58 feet; then running S40°58'06"W along said Lot 17, a distance of 60,00 feet; then running S82°09'53"W along said Lot 17, a distance of 50,33 feet; then running S24°28'25"W along "Existing Lot to Remain" as shown on the Original Plan, a distance of 100.00 feet; then running S65031'35"E along "Existing Lot A-4" as shown on the Original Plan, a distance of 25.00 feet; then running S24'28'25"W along said "Existing Lot A-4", a distance of 110,00 feet; then running S65131'35"E as shown on the Original Plan, a distance of 100,00 feet; then running S24°11'15"W as shown on the Original Plan, a distance of 350,00 feet; then running 6 N84°09'38"E as shown on the Modified Plan, a distance of 10,53 feet; then running N24°11'15"E along New Lot # 13A as shown on the Modified Plan, a distance of 146.26 feet; then running N58°12'12"E along said New Lot # 13A, a distance of 13.00 feet; then running N23°52'32"E along Lot 14 as shown on the Revised Plan, a distance of 134.69 feet; then running N 16°27'04"E along Lot 15A as shown on the Revised Plan, a distance of 90.70 feet; then running N12101'17"E along said Lot 15A, a distance of 39.08 feet; then running N66'56'12"W along Lot 16A as shown on the Revised Plan, a distance of 47.90 feet; then running N28°37'16"W along said Lot 16A, a distance of 131.05 feet; then running N49°34'39"W along Lot 1A as shown on the Revised Plan, a distance of 18.29 feet; then running N40°33'15"E along said Lot 1A, a distance of 99.98 feet; then running S49134'39"E along said Lot 1A, a distance of 125.00 feet; then running N40°25'21"E along Cobblestone Circle as shown on the Revised Plan, a distance of 33.00 feet; then running Northwesterly along said Cobblestone Circle by an arc with a radius of 30.00 feet, a distance of 47.12 feet; then running N49134'39"W along Massachusetts Avenue, a distance of 150.67 feet, to the point of beginning. Containing approximately 37,780 s.f. of land. 7 1 � Lot A-3-A A parcel of land in North Andover, MA, being a portion of Lot A-3 as shown on the Original Plan, and being bounded and described as follows: Beginning at the point where the westerly sideline of New Lot 12A meets Copley Circle, as shown on the Modified Plan; then running S24'11'15W along said Copley Circle, a distance of 44.36 feet; then running S02Q45'55"E along Parcel "P" as shown on the Modified Plan, a distance of 125.06 feet; then running N87000'14"E as shown on the Original Plan, a distance of 186,02 feet; then running N87°11'55"E as shown on the Original Plan, a distance of 247,47 feet; then running N86°52'54"E as shown on the Original Plan, a distance of 41.24 feet; then running NO1°56'12"W as shown on the Original Plan, a distance of 124.89 feet; then running N87°03'57"E as shown on the Original Plan, a distance of 217.03 feet; then running N49°34'39"W as shown on the Original Plan, a distance of 134.50 feet; then running S60°34'19"W along Lot 6 as shown on the Original Plan, a distance of 151.56 feet; then running . SO 1'56'12E along Lot 7 as shown on the Original Plan, a distance of 126,26 feet; then running S87°11'55"W along said Lot 7, a distance of 123,00 feet; then running NO1°59'31"E along said Lot 7, a distance of 9.00 feet; then running 8 r I' N70°28'44"W along Lot 8 as shown on the, Original Plan, a distance of 89.08 feet; then running 589'19'50"W, a distance of 58.41 feet; then running N020 13'S3"E, a distance of 52.00 feet; then running N86°29'12"W, a distance of 72.84 feet; then running S02°45'55"E, along New Lot 12A as shown on the Modified Plan, a distance of 61.30 feet; then running S87°00'14"W along said New Lot 12A, a distance of 107,30 feet; then running NO2°45'55"W along said New Lot 12A, a distance of 88.39 feet to the point of beginning. Containing approximately 43,958 s.f, of land. 9 i EXHIBIT A-1 CERTIFICATE OF PAYMENT OF COMMON EXPENSES The undersigned hereby certifies in accordance the provisions of the Cobblestone Crossing Homeowner's Trust, u/d/t dated June 29, 1993, recorded with Essex North Registry of Deeds in Book 3772, Page 287, as amended by Amendment to Trust, dated December _, 1993 and recorded with Essex Registry of Deeds in Book , Page , that as of the date hereof, there are no unpaid Common Expenses due and payable by the owner of Lot Witness my hand and seal this _ day of , COBBLESTONE CROSSING HOMEOWNER'S TRUST By: Trustee COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. Then personally appeared the above-named and acknowledged the foregoing to be free act and deed and the free act and deed of Cobblestone Crossing Homeowners Trust, before me, Notary Public My commission expires: 10 f . A EXHIBIT B-1 AFFIDAVIT OF COBBLESTONE CROSSING HOMEOWNERS TRUST'S FAILURE TO PROVIDE CERTIFICATE OF PAYMENT OF COMMON EXPENSES �Y The undersigned hereby certifies in accordance the provisions of the Cobblestone Crossing Homeowner's Trust, u/d/t dated June 29, 1993, recorded with Essex North Registry of Deeds in Book 3772, Page 297, as amended by Amendment to Trust, dated December _, 1993 and recorded with Essex Registry of Deeds in Book , Page , (the "Trust") that (a) a request was made to the Trust for a Certificate of Payment of Common Expenses; (b) that the Trust has failed to provide the Certificate as required by the Trust; and (c) that there are no unpaid Common Expenses due and payable by the undersigned as the owner of Lot , as of the date hereof, Witness my hand and seal this day of , COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. Then personally appeared the above-named and acknowledged the foregoing to be free act and deed, before me, Notary Public My commission expires: I1 1