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Home My WebLink About1993-11-12 Conservation Restriction #of pages Post-ItIm brand fax transmittal memo 7671 ► { 1 �� C� � 18 O' %Y Phone# � v oep`'. COB -G4 3 �t Fax# � }�C`Qtf S'�Y1t�,r- Fax k--)� 4 G +D 1rY.le2 A l m C� Lc>o I+QQ Uoie�x� Gro�n� f CONSERVATION RESTRICTION r4 , Ci Z�'-n Domenic J. Messina, Co-Exeuctor and Josephine Messina, Co-Executrix under the will of Louis Sergi, (Essex Probate #88P2975E1) pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws, for consideration paid of One ($1. 00) Dollar grant to the Inhabitants of the Town of North Andover, acting by and through its Conservation Commission, located at 120 Main Street, North Andover, MA, acting pursuant to G.L.. Chapter 40, Section 8C. and its successors and permitted assigns ( "Grantee" ) the following conservation restriction in perpetuity and exclusively for conservation purposes, subject to the conditions and restrictions set forth below, on that portion of Lot 17 in the area designated as "Proposed Open Space Easement" on a Plan entitled "Plan of Land in North Andover, Mass . , Drawn for Cobblestone Realty Trust" dated June 29 , 1993 and recorded at the North Essex Registry of Deeds as Plan No./Z?-51 . The aforementioned conservation restriction on Lot 17 is hereinafter referred to as the Open Space. Said Conservation Restriction on the Open Space shall be subject to the following conditions, restrictions and easements : 1 . Zoning: The provisions of the North Andover Zoning g >: Sy-Law relative to the use of open space as to a Planned Residential. Development. 2 . Purpose of ConservationRestriction': The Open Space contains unusual, unique or outstanding qualities protection i i of which in the predominantly natural or open condition will be of benefit to the public. Therefore, subject to the exceptions set forth in Paragraph B below, the Open Space shall be left in a substantially natural condition, shall be retained as open space and shall be used for conservation and passive recreational purposes. A. Prohibitive Acts & Uses: Subject to the exceptions set forth in Paragraph B. the following acts and uses are prohibited on the Open Spaces: 1 . Constructing or placing any building, tennis court, landing strips, mobile home, swimming pool, asphalt or concrete pavement, sign, billboard or other advertising display, antenna, tower, utility pole on, below or above the Open Spaces. 2 . Mining, excavating, dredging or removal from the Open Spaces of soils, loam, peat, gravel, sand, rock or other mineral resources or natural deposits; 3 . Placing, filling, storing, or dumping on the Open Spaces of refuse, trash, street sweepings, vehicle bodies or parts, rubbish, debris, construction materials, junk or the installation of underground storage tanks; 4 . Cutting, removing or otherwise destroying trees, grasses or other vegetation in the Open Spaces•, 5 . Operation in the Open Spaces of motorized transportation of any kind, except for governmental emergency vehicles; or 6. Storage of personal property on the Open Spaces. 7 . Any other use of the open Space which would materially impair significant Conservation Interests unless necessary for the protection of the Conservation Interests that are the subject to this Conservation Restriction or are within the scope of normal subdivision development consistent with the subdivision approval granted by the Town of North Andover to Linda E. Markham, Trustee of 2 i 9 Cobblestone Crossing Realty Trust a/d/t dated June B. Exceptions to Otherwise Prohibited Acts and Uses: The following acts and uses, even if otherwise prohibited in Paragraph A above, are hereby expressly allowed in the Open Spaces: Selective Cutting of Trees for Fire Protection, Tick -Control, or as otherwise necessary to preserve the Open Space. C. Legal and Injunctive Relief: The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceeding and to obtain injunctive and other equitable relief against any violations, including without limitation, relief requiring restoration of the Open Space to ,its condition prior to the time of injury complained of (it being agreed that the Grantee may have no adequate remedy at law) , and shall be in addition to, and not in limitation of, any other rights and remedy available to the Grantee. D. Grantee's Disclaimer of Liability: By its acceptance: of this Conservation -Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises. E. Severabilit Clause: If any provision of the Conservation Restriction shall to any extent be held invalid, the remainder shall not be affected. F. 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 . G. Assignabil_i�: 1. Running of the Burden: The burdens of this Conservation Restriction shall run with the Open Spaces in perpetuity. if 3 administrative approvals as described in Paragraph H are not obtained for any reason, the provisions of the Conservation Restriction shall be effective when signed by the Grantor and shall run for a period of thirty (30) years. 2 . Running of the Benefit: The benefits of the Conservation Restriction shall be in gross and shall not be assignable by the 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 assigns, at the time of assignment, qualify under Section 170 (h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and under Section 32 of Chapter 184 of the General laws as ' an eligible donor to receive this Conservation Restriction directly. H. Effective Date: The Conservation Restriction portion of this grant shall be effective in perpetuity when. the Grantor and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the General Laws have been obtained, and it has been registered. For Grantor's title see deed of Linda E. Markham, Trustee of Cobblestone Crossing Realty Trust to Grantor dated June 29, 1993 recorded at North Essex Registry of Deeds in Book , Page ., recorded as Instrument No. 19942, recorded July 1 , 1993 . WITNESS my hand and seal. this 29tph day of June, 1993 . Os'ieRfiine Messina, Co-Executrix Domenic J. Meigsina, Co--Executor 4 COMMONWEALTH OF MASSACHUSETTS j i Essex, ss. , 1993 Then personally appeared the above-named Josephine L. Messina and Domenic J. Messina and acknowledged the foregoing instrument to be their free act and deed, before me Notary Pub My Commission Expires: 5 e o • 1 ACCEPTANCE OF GRANT The above Conservation Restriction is accepted pursuant to Section 8C of Cha ter 40 of the General Laws for conservation purposes this 7 — day of �v L S/ _ r 1993 . TOWN OF NORTH ANDOVER By i s Conservation Commission r COMMONWEALTH OF MASSACHU TT Essex, ss. 1993 Then personally appeared the above-named GL02(C ,C • / L/C� and acknowledged the foregoing to be his/her free act and deed, before me. I �,�nJ� L. E74tov Notary Public My Commission Expires: Sprl 9 ' ( Q Q 1011. 600 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 , 1993 , the Selectmen voted to approve the foregoing Conservation Restriction to the Town of North Andover pursuant to M.G.L. Ch. 40, Sec. 8C . SELECTMEN , i i COMMONWEALTH OF MASSACHUSETTS SS. , 1993 Then personally appeared the above-named and acknowledged the foregoing to be his or her free act and deed, before me. Notary Public My Commission Expires: -2- 10, l. 6ao