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Home My WebLink About1993-11-12 Amendment to Homeowners Trust - Conservation Restriction i TOWN OF NORTH ANDOVER 120 Main Street North Andover, MA 01845 Facsimile Transmittal Form Date : Addressee Name : in-c Firm: \ z'�man_ Street : City, St . , Zip : Facsimile Phone Number: c From: $ cz31 Town of of North Andover Town Manager/Board of Selectmen Office 120 Main Street North Andover, MA 01845 Telephone : (508) 682-6483 Fax Number: (508) 682--2996 Total Number of Pages, Including This Form: Additional Comments : Ad cA� - Y� y-w e_. Vic LLaLLLL t LLUL r •�- vv �� rAYAJ � 1 i 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 u/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 IA, 2AA, 3A, 4A, 5 through 8, 9A, 10A, IlAA, 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 Plan") 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 . ` 3 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-l" 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 Mary-Ellen A. Williams (as to Lot 8) Michael J. Cabral (as to Lot l IAA) Gloria F. Cabral (as to Lot IIAA) 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 j 1 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 � C 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.£.), 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 S24003'25"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 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 N84109'38"E as shown on the Modified Plan, a distance of 10.53 feet; then running N2401V15"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 N23152'32"E along Lot 14 as shown on the Revised Plan, a distance of 134.68 feet; then running N16127'04"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 N281137'16"E along said Lot 16A, a distance of 131.05 feet; then running N49134'39" 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 S49°34'39"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 are 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 I V f 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 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 N01156"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 S60134'19"W along Lot 6 as shown on the Original Plan, a distance of 151.56 feet; then running S01°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 N01159'31"E along said Lot 7, a distance of 9.00 feet; then running 8 N70°28'44"W along Lot 8 as shown on the Original Plan, a distance of 89.08 feet; then running S891 19'50"W, a distance of 58.41 feet; then running NO2°13'53"E, a distance of 52.00 feet; then running N86°29'12"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 N02145'55"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 I j ii I 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 rune 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: II 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 the majority 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 u/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 IA, 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 Plan") 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 I1/25 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 r1hof December, 1993, LOT OWNERS: Thomas D. Laudani, Trustee of the Cobblestone Crossing Realty Trust (as to Lots 1A, 2AA, 3A, 5, 6) 7, 9, to, 12AAA, 13A, 14, 15A, 16A, and 18 through 22) 2 KAREN H.P. NELSON S Director Town of 120 Main Street, 01845 BUILDING ;* NORTH ANDOVER (508) 682-6483 CONSERVATION �m"�" g`4 DIVISION OF HE ALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT January 7, 1994 Robert Levy, Esq Levy & Halprin 50 Milk Street Boston, MA 02109 Re: Cobblestone Crossing - Homeowners Trust and Conservation Restriction Dear Rob, Enclosed for recording are the original Amendment to Trust and Conservation Restriction for Cobblestone Crossing. As we discussed, the open space area in this subdivision acts as buffer and does not provide any large area of contiguous open space. Thus a conservation restriction under Sections 31-33 of Chapter 184 of the MGL will not be required. If you have any questions please do not hesitate to call me at 682-6483 ext. 24 . Please send copies of the recorded documents to the Planning Office as soon as they become available. Sin�y� Kathleen Bradl Co well Town Planner cc. K. Nelson, Dir PCD