HomeMy WebLinkAbout1993-07-28 Legal Documents COBBLESTONE CROSSING
MASTER DECLARATION OF COBBLESTONE CROSSING
IN NORTH ANDOVER, MASSACHUSETTS
RESERVATIONS AND RESTRICTIONS
This Master Declaration of Cobblestone Crossing made this 1�5 --
day of November, 1993 by Thomas D. Laudani, Trustee of Cobblestone
Crossing Realty Trust, a/d/t dated June 29, 1993, recorded with the Essex
North Registry of Deeds, at Book 3772, Page 253 (hereinafter referred to as
Declarant), being the record owner of certain land located in North
Andover, Essex County, Massachusetts, hereinafter more particularly
described in Article I below.
WHEREAS, Declarant intends to create a residential community on
said land, together with other amenities therein, including without
limitation, public and/or private ways for circulation, access to residences
and utility services; and
WHEREAS, in furtherance thereof it is desired to establish common W
and mutual covenants, conditions, reservations and restrictions;
NOW THEREFORE, Declarant hereby declares, provides and
covenants as follows:
ARTICLE I
SUBJECT PROPERTY
A certain parcel of land located in North Andover, Essex County,
Massachusetts and shown on a sheets 3 and 4 of 9 of plans entitled
"Cobblestone Crossing A Residential Single Family Development in North
Andover, MA, which plans are filed with the Essex North Registry of
Deeds as Plan No. 12251 ("Plan No, 12251 ") as modified by a plan entitled
"Revised Definitive Plan Cobblestone Crossing in North Andover, Mass"
approved by the Town of North Andover Planning Board on August 31,
1993, which plan is filed with the Essex North Registry of Deeds as Plan
No. 12286 ("Plan No. 12286"), comprising of and encompassing
Cobblestone Circle and Copley Circle and Lots 3 through 14, inclusive, all
shown on Plan No. 12251 and Lots 1 A, 2A, 15A and 16A, inclusive, all as
shown on Plan No. 12286 (collectively the "Plan").
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ARTICLE II
LAND CLASSIFICATIONS
PROPERTY USE AND RESTRICTIONS
Section 2.01 Land Classifications
The land within Cobblestone Crossing is hereby divided into-the
following use classifications:
A. Resident Areas. Referring to each of the lots numbered 3 through
14, inclusive and lots numbered 1A, 2A, 15A and 16A, inclusive, as shown
on the Plan.
B. Common Areas. Referring to the easements now designated of
record, or to be hereinafter designated, modified or amended by Declarant
in its sole discretion as being reasonably necessary, being situated within
the subject property described in Article l above and the appurtenant rights
and easements to each lot owner, during each lot owners period of
ownership to use the roadways, together with others lawfully entitled
thereto. Declarant expressly reserves the right to dedicate or convey to the
Town of North Andover the ways shown as Cobblestone Circle and Copy
Circle on the Plan as a public way at such time as the town is willing to
accept such dedication or conveyance including the right to convey to the
town the fee interest of the land in said ways. Declarant further expressly
reserves the right to grant rights and easements for access, utilities,
drainage and such other purposes as Declarant in its sole discretion deems
advisable in, on and over Cobblestone Circle and Copy Circle as shown on
the Plan and upon the recording of such easements this Declaration shall
automatically be deemed amended to reflect such right(s) and easement(s)
without any further action.
Section 2.02. Residence Areas-, Permitted Uses and Restrictions.
Each Residence Lot shall be for the exclusive use and benefit of the
owner or owners thereof, subject, however, to all of the following
limitations and restrictions:
A. Residential Use. No building or other structures of any kind shall
be erected, placed or allowed to stand on a Resident Lot except a single
family residential dwelling house and otherwise permitted under applicable
law, together with accessory buildings and structures normally appurtenant
to such a dwelling situated in North Andover, The architectural style and
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materials of the structures are to be in accordance with paragraph 1. d. of
the Special Permit recorded with the Essex North Registry of Deeds at
Book 3773, Page 273, as may be modified by the Planning Board of the
Town of North Andover. No garage shall be used for the storage of
commercial vehicles or construction equipment. No business activities of
any nature shall be continuously or regularly conducted upon any
Residence Lot, and no advertising signs shall be displayed thereon, except
that a lawyer, physician, architect, dentist, real estate broker, insurance
agent, artist, or writer residing in a dwelling house thereon may maintain an
office for his/her professional use subject to the provisions of the North
Andover Zoning By-law, and may employ not more than one person and
may display a small professional nameplate on the Residence Lot. Nothing
herein shall be deemed to prevent the leasing of a Residence Lot from time
to time by the owner thereof subject to the provisions of this Declaration.
Nothing contained in this Master Declaration shall be deemed to prevent
the Declarant from (i) maintaining a model home, business office and/or
construction field office on any of the Residence Lots; (ii) conducting
business activities upon any Residence Lot with such number of employees
as Declarant shall desire; (iii) maintaining or storing of commercial
vehicles or construction equipment; or (iv) displaying such advertising
signs as the Declarant may desire.
B. Animals. No pets, animals or birds shall be kept or maintained
on any Residence Lot, being of such type or in such number as to be noisy
or offensive, and no pets, animals or birds shall be allowed to pass onto or
enter land within Cobblestone Crossing other than the Residence Lot of the
owner thereof, unless such pet, animal or bird is suitable leashed, caged or
otherwise physically controlled and/or restrained; provided, however,
notwithstanding the foregoing, no poultry house or yard, rabbit hutch, dog,
cat or other type of kennel, shall be erected or maintained on any Residence
Lot nor shall pigs or other barnyard animals be stabled or maintained
thereon.
C. Improvements and Alterations. No buildings, fences or structures
of any kind, or additions thereto, or driveways shall be erected, placed or
allowed to stand upon any Residence Lot until the size, plans,
specifications and locations thereof shall have been approved in writing by
Declarant, or an architect so designated to perform such professional
service by Declarant. Declarant shall have the sole and exclusive right to
refuse to approve any plan, design specifications or building materials
which Declarant deems not suitable or desirable for the overall
development of Cobblestone Crossing. No loam, sand, gravel, or other soil
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material, except that resulting from customary landscaping and construction
permitted and approved hereunder, shall be removed from any Residence
Lot. The erection of any approved structure on a Residence Lot, one
begun, shall be carried forward to completion with reasonable diligence,
specifically including the landscaping thereof.
D. Temporary Occupancy. No trailer, mobile home, camper, ,
temporary building or structure of any kind, shall be used for a residence,
either temporarily or permanently.
E. Trailers and Tents. No trailer, mobile home, commercial vehicle,
construction equipment, camper, permanent tent or similar structure, shall
be kept, placed or maintained upon any Residence Lot or on any. vehicular
access areas in such a manner as to be visible frorn neighboring koperty;
provided however, that the provisions of this paragraph shall not apply to
temporary construction shelters or facilities maintained during and used
exclusively in connection with the construction of any improvement
approved by Declarant, or its designee.
F. Nuisances. No rubbish, debris, dead trees or heavy brush of any
kind shall be placed or permitted to accumulate upon any Residence Lot
which will or may render the same, or any portion thereof, unsanitary,
unsightly, offensive or detrimental to any other Residence Lot, and no
activity shall be conducted or maintained which is or may be offensive or
detrimental to any other Residence Lot in the vicinity thereof, or to its
occupants.
G. Repair of Buildin s. No buildings or structure upon any
Residence Lot shall be permitted to fall into disrepair, and such building
and structure shall at all times be kept in good condition and repair and
adequately painted or otherwise finished.
H. Trash Containers and Collectors. Trash, rubbish and garbage
shall be kept in covered containers which shall be properly screened and/or
enclosed so as not to be visible from neighboring properties or roadways,
except for such necessary periods when such containers are made available
for collection.
I. Communication Facilities. Outside television and/or radio
antennas or aerials and satellite dishes and other similar outside
communication facilities are prohibited.
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J. Clothes DEying Facilities. No outside clothes lines or other
outside facilities for drying or airing clothes which are visible from
neighboring property shall be erected or maintained on any Residence Lot,
K. Lighting. An outdoor electric street light may be installed by
Declarant in front of certain Residence Lots, The owner of each such
Residence Lot shall be responsible for the cost and maintenance of each
such light installed which will be connected to the electrical service of such
Residence Lot.
L. No Above-Ground Swimming Pool. No above-ground swimming
pool shall be erected or maintained on any Residence Lot.
M. Restrictions on Further Subdivision. No Residence Lk shall be
further subdivided, except by Declarant.
N. Signs. No signs shall be erected or maintained on any Residence
Lot, except:
(1) Such signs as may be required by law;
(2) A residential identification sign having a total face area not
Iarger than seventy-two (72) square inches;
(3) During the time of construction of any building or other
improvement, one job identification sign not larger in area than
three (3) square feet;
(4) A "For Sale" or "For Rent" sign, of reasonable type, size and
appearance, but only if attached to the building (and not free
standing or attached to any pole or tree).
O. No Cut Zone. No trees to the rear of the line designated on Plan
No. 12251 as "50' Buffer Zone No Cut Line" shall be cut or otherwise
destroyed, except for the cutting or pruning in the course of normal
maintenance or to implement disease prevention measures, without the
express permission of the North Andover Planning Board.
P. Swing sets. No swing set may be installed or maintained on any
Residence Lot unless it is a wood structure and has been approved in
writing by Declarant or his successor as provided herein.
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Section 2.03 Residence Areas: Construction of Improvements and
Alterations.
A. Application for Ap
proval of Improvements and Alterations. Any
owner of a Residence Lot proposing to make any improvement which, under
Section 2.02 hereof, requires the prior written approval of Declarant, or its
designee, shall apply for approval by delivering a written application
describing the nature of the proposed improvement, together with such of
the following documents and information as are pertinent, in such number
of copies as the Declarant, or its designee may require.
( 1) A plot plan of the affected property showing the location of
existing and proposed improvements and alterations; i
(2) Floor plans and landscaping plans;
(3) Drawings showing all elevations;
(4) A description of exterior materials and colors, . with color
samples; and
(5) The owner's proposed construction schedule.
B. Basis for Approval of Improvements and Alterations. The
Declarant, or its designee, shall, after consideration of the items set forth in
the foregoing Paragraph A and such other matters as it deems necessary,
grant the requested approval if (lie Declarant, or its designee, determines
that:
(1) The proposed improvement or alteration conforms to the
provisions of this Declaration and the restrictions herein set
forth;
(2) The proposed improvement or alteration is reasonably compatible
with the standards of Cobblestone Crossing and the purposes of
this Declaration as to quality of workmanship and materials, as
to harmony of external design with existing structures, and as to
location with respect to vegetation, typography, finished grade,
and views froin other buildings and building sites; and
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(3) The proposed improvement or alteration complies with all
applicable laws, specifically including the zoning by-laws and
building code requirements of the Town of North Andover.
C. Form of Approval. All approvals given under the foregoing
paragraph shall be in writing, provided, however, that any such application
for approval which has not been acted upon within thirty (30) days from the
date of submission thereof to the Declarant, or its designee, shall be
deemed approved. In the event of such failure of Declarant to act upon
such application within said thirty (30) day period, the owner of the
Residence Lot which submitted said application may record at the North
Essex Registry of Deeds an Affidavit, sworn to tinder the penalties of
perjury, reciting same, and said affidavit shall upon recording be of the
same force and effect as a certificate of approval issues by Declarant. The
deed of a particular lot by Declarant shall be conclusive evidence that as of
the date of such deed the approvals required hereunder have been granted as
to the lot conveyed.
D. Proceeding With Work. Upon receipt of approval from the
Declarant or its designee, or upon the lapse of thirty (30) days without
action as provided in Paragraph C of this Section 2.03, the owner of the
Residence Lot shall, as soon as practicable, commence and diligently
proceed with the proposed construction, refinishing, alterations and
excavation in accordance with the owner's proposed construction schedule
set forth in the documents accompanying his/her application for approval.
E. Failure to Complete Work. In the event that the construction,
reconstruction, refinishing, or alteration of any improvement is not
completed within a reasonable time, or having been completed does not
comply with the approval therefor given, the Declarant, or its designee, may
direct and order the owner to remedy the non-compliance or remove the
improvement. If the owner does not comply with the order within the
period set forth in the order, the owner shall reimburse the Declarant, or its
designee, upon demand, for all reasonable expenses and legal fees incurred
in connection with the enforcement thereof.
2.04 Association of Homeowners.
A. After the Declarant has conveyed all the Residence Lots any and
all rights and obligations of the Declarant under the Declaration, including
without limitation, the right to approve or disapprove any request which
requires the written approval of Declarant shall vest in the Cobblestone
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Crossing Home Owners Trust u/d/t dated June 29, 1993, and recorded with
the Essex North Registry of Deeds at Book 3772, Page 287,
B. . Notwithstanding anything contained herein or the Declaration
to the contrary, so long as Declarant owns any Residential Lot(s), Declarant
shall have the sole and exclusive right and authority to approve or
disapprove any request which requires written approval and so long as
Declarant owns any Residence Lot(s) no amendment affecting these rights
shall be valid unless executed by Declarant.
C. Nothing contained herein shall prevent the Declarant from
assigning its rights as Declarant to a third party which shall succeed to
Declarants rights and obligations hereunder. A conveyance of one or more
Residence Lot(s) to the assignee of Declarant's rights and obligations
hereunder shall not be deemed to be a conveyance within the meaning of
this Article or the Declaration,
ARTICLE III
MISCELLANEOUS PROVISIONS
Section 3.01 Amendment and Duration
A. Amendment. Except as otherwise herein expressly provided, this
Declaration may be amended at any time by:
1. A vote adopted, or written consent to, the proposed amendment
by the record owners of seventy five (75%) percent or more of
the Residence Lots. Such amendment shall not be effective until
there has been filed and recorded a certificate signed by the
Declarant, or its designee, setting forth the amendment and the
facts relating to its adoption. However, no such amendment
shall be adopted that substantially derogates from the original
intent and purposes of this Declaration or otherwise is to the
detriment of the Residence Lots or Owners; or
2. The Declarant, who may amend this Declaration for any purpose
so long as Declarant is the record owner of not less than 2 of
the Residence Lots.
B. Duration of Restriction. Subject to the provisions of Paragraph
A of Section 3.01 hereof, the restrictions set forth in this Declaration shall
continue and remain in full force and effect in all events until thirty (30)
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years from this date, and may thereafter be extended and continued in full
force and effect 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.
Section 3.02 Enforcement and Non-Waiver.
A. Right of Enforcement. The restrictions set forth in this
Declaration are for the benefit of all the land described herein and shall run
with the land. Except as otherwise provided herein, any owner of any
Residence Lot, the Declarant, or its lawful designee, shall have the right to
enforce any or all of the provisions of this Declaration, including without
limitation, the restrictions herein set forth.
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B. Violation of Law. Any violation of any applicable local, state or
federal law or government regulation pertaining to the ownership,
occupation or use of any property within Cobblestone Crossing is hereby
declared to be a violation of this Declaration and of the restrictions herein
set forth and subject to any or all of the enforcement procedures set forth in
the Declaration.
SECTION 3.03 Delivery of Notices and Documents.
Any written notice or other document relating to or required by this
Declaration may be delivered either personally or by mail. If by mail, it
shall be deemed to have been delivered forty-eight (48) hours after a copy
of same has been deposited in the United States mail, certified or registered
mail, postage prepaid, return receipt requested. Declarant's mailing address
shall be 733 Turnpike Street, Suite 209, North Andover, Massachusetts
01845 or such address contained on a notice recorded with the Essex North
Registry of Deeds on which notice reference shall be made to this
Declaration.
Section 3.04 Construction and Severabili : Singular and Plural.
A. Provisions Severable. Each of the provisions of this Declaration
shall be deemed independent and severable, and the invalidity or partial
invalidity of any provision or portion thereof shall not affect the validity or
enforceability of any other provision.
B. Singular Includes Plural. Unless the context requires a contrary
construction, the singular shall include the plural and the plural and
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singular; and the masculine, feminine or neuter shall include the masculine,
feminine and neuter.
C. Captions. All captions or titles used in this Declaration are
intended solely for convenience or reference and shall not affect that which
is set forth in any of the provisions hereof.
D, Definitions, Whenever the context so permits, all references to
the term "Residence Lot" contained within this Declaration shall include
each Lot numbered 3 through 14, inclusive and lots numbered IA, 2A, 1 SA
and 1 6A, inclusive, as shown on the Plan.
E. Additional Lots. Declarant reserves the right to includf
additional lots as subject to and with the benefit of the provisions of this
Master Declaration by recording an amendment to this Master Declaration
providing for such additional lots.
COBBLESTONE CROSSING REALTY TRUST
By:
Thomas D. Lauda i,
Trustee and not Individually
COMMONWEALTH Or MASSACHUSETTS
ESSEX, SS, November IF, 1993
Then personally appeared 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, before me,
Notary Public
My commission expires: -:ser7. 9 ,
10
I
OP
/Vv
V ,
�i.✓i .vim� fv� ��� /� r
i'howas D LaudAni, Tyustee of the Cobblestone Crossing Realty Trust under
Declaration of Trost dated June 29, 1993 ajj(j r000rcje�l North Re Stry
- with. r�S$ex N gi
of Deeds, Book, '3772, Page 253, of North Andover, Essex County, Massachusetts,
Or 00ASidarkon paid, and in full consideration of $286,652,00
grants to Riptiard A. William� and Mary-F.Hen A, Williams, husband and wife as
temln(s by the
of49 (',Obblesfono Cklo, North K"OvIr, 011845
With QUfTCLAIM COVENAN i .%
a. certain I)orcvl of land with ITuildings thereon in North Andover, Mfassach-t)SOOA,
being shoevn -,s, Lev�. 8 on sllpet 4. of 9 of a Dian entitled "Cobble-'stone Croqsit)fi A
Residential Singk, Family Development in North Andover, MA.", whiclk plans,Sr 6
filt,,d with tho E-ssex North Registry of Deeds as Plan No, 1225J contaking 12,512
sqoa-re, f�,-et of Jam--j, tilore oy less
, according to 0-le Plan,
This oomyanoe is subject to the right of Grantor, M)i0l Grantor expk-os6jy
roserven Som A nonveyanoe here-under, to dedicate or �-.onvey to tho Tow of
b blest one, Copley Circle cm t"110,
INTO.rdt 1k.'adover flar., ways Co
P59m, as �-oodifiod by a planentitled "Revised Cobblom=,,
(AsAg in Noth Andover, Massll 1,,y tl.e T(�vni w'North AiWo -c
Plao-aing '(Ioard oA Augm 31, 1905, MCA ;jaw is khed' v"41-k ffie, Essex
Rogis,try ..j. [)beds as P 1 11. No, i 2l A, way em such time i9, the Tov,,,o, i,s
WA116-kg, to accept nu oh On"Oflon or Z�n�oyanoe, inchidil-ig, ai.e Fight ".-o Cotivey 'OLC',
1,0wa foe ifttfre�t of ic. said way, US =Ntyanok� is f0jrther
to thr. right of' Granw, Onaiaor c%p' ves,-,Iy reserwes frorn tbr� ooir�.v,�,yance
hereonder, �O gymat riphTs and wasemnesm Ar acom, vhkieq drainage aAd seA
other purposes as Grantor in its sole disovetio)i deems advisable, in, on over
Abblest6ne Circle and Copley Circle,
By awM619 and recording this Deed, Grantee, their successors andlar assigns,
hey by ment to the then trustee o_- ilia Cobblestone Crossiag )--Iomeownq.r's Trust
u/d,) dated Nno 29, 1993 and reoo:rded vAth the Es,n:,-x Nortili Registry of iDec(Is Fit
Book :072, P ige 307, mocifying andjor anjendijig, -upon s-aoh te�crrks nrld by Su0b
knethods acceptable to said trustee oud with th , 0oasem of the Town of North
Audovery the �;wlfigllrntioa of tho OpeA spawn IVA& 'NOS Convey& to the
Cobblestono Crossing How-pownely Trust by SO dated June 29, 1993 and
recorded with the Essex ThNorth Regi.stry of Deeds at 'Book 3772, Page 307,
This conveyance is subject to the fallowing'.
1. Easements, no-out zones, conditions, restrictions and notes contained
on, or referred to in, the flan;
2. No trees to the rear of the line designated on Plan No. 12251 as "50'
Buffer Zone No Cut Line" shall be cut or otherwise destroyed, except for the
outting or pruning in the course of normal maintenance or to implement disease
prevention measures, without the express permission of the North Andover
Planning Board;
3, Cobblestone Crossing Homeowners Trust under declaration of trust
dated June 29, 1993 and recorded with the Essex Registry of deeds at Book 3772,
Page 287;
4, Master Declaration of Cobblestone Crossing dated November __, 1993
and recorded with Essex North Registry of Deeds on November _, 1993 as
instrument No, and
5. Such other easements, restrictions, reservations and other matters of
re:oord that are in force and applicable.
The address of the Grantee and property is 49 Cobblestone Carole, North. ,Andover,
MA b 1845,
For Grantor's title see deed recorded with Essex North Registry of Deeds, Book
3772, Page 2.61.
WITNESS any hand and seal this day � � of November, 1993,
Thomas D. Laudanl
Tmstee and not individually
2
ESSEX, ks, November —, 1993
Then personally appeared the above-named Thomas D, Laudani, Trustee as
aforesaid, and acknowledged the foregoing instrument to be his free act and deed,
before me,
Notary Publio
My Commission expires:
3
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I
DEED
Linda E. Markham, Trustee of Cobblestone Crossing Homeowner's
Trust u/d/t dated June 29, 1993 and recorded with the Essex North Registry
of Deeds in Book 3772, Page 307, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, grants to Thomas
D. Laudani, Trustee of Cobblestone Crossing Realty Trust u/d/t dated June
29, 1993 and recorded with said Deeds in Book 3772, Page 253, certain land
around the Cobblestone Crossing PRD Subdivision and being shown as
"Parcel A-1, OPENSPACE," and "Parcel A-3, OPENSPACE," on sheets 3
and 4 of a plan, consisting of 9 sheets, entitled "Cobblestone Crossing,"
North Andover, MA, which plan is recorded with said Deeds as Plan No.
12251.
This conveyance is intended to be free and clear of any and all
conditions, restrictions and easements, including, without limitation, those
set forth in a certain deed from Linda E, Markham, Trustee of Cobblestone
Crossing Realty Trust, to Linda E. Markham, Trustee of Cobblestone
Crossing Homeowner's Trust, which deed is dated June 29, 1993 and
recorded with said Deeds in Book 3772, Page 307.
For title see said deed dated June 29, 1993 and recorded with said
Deeds in Book 3772, Page 307.
WITNESS my hand and seal this day of November, 1993.
Linda E. Markham, Trustee as
aforesaid and not individually
COMMONWEALTH OF MASSACIIUSETTS
ESSEX, SS. November _, 1993
Then personally appeared the above-named Linda E. Markham,
Trustee as aforesaid, and acknowledged the foregoing instrument to be her
free act and deed, before me,
Notary Public
My Commission expires:
PROPOSED SAMPLE DEED
WHITE BIRCH CONSTRUCTION CO. , INC. , a Delaware,
Corporation of 380 Essex Street, Suite One, Lawrence, Massachusetts",,.
01841
in consideration of
grants to
with quitclaim covenants
A certain parcel of land located in North Andover, Essex County,
Massachusetts with all the buildings thereon, shown as Lot No.
on a Plan of Land entitled, "Cobblestone Crossing, Definitive
Subdivision Plan, North Andover, MA, Date: Dec. 3, 1992, Scale:
1"=40 ' , Rev. Mar. 26, 1993, Rev. May 3 , 1993, " which Plan is
recorded at the North Essex Registry of Deeds as Plan # .
Said lot contains square feet +/- according to said
plan.
Reference is made to said Plan for a more particular description of
said lot.
This conveyance is made subject to the following:
1 . Special Permit granted by the North Andover Planning
Board recorded in said Registry in Book , Page
2 . Cobblestone Crossing Homeowner's Trust recorded in said
Registry in Book , Page , and Conservation Restrictions
Contained in a certain deed into said Trust recorded in said
Registry in Book , Page .
3 . Conditions, easements, and notes as shown on the
aforementioned plan recorded in said Registry as Plan # , and
in particular the 50 ' buffer--zone, no-cut line, as shown on said
Plan.
Being a portion of the premises conveyed to me by deed dated
and recorded with said Registry in- Book , Page
IN WITNESS WHEREOF, the said White Birch Construction Co. ,
Inc. has caused its corporate seal to be hereto affixed nd these
presents to be signed, acknowledged and delivered in its name and
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behalf by James M. Grifoni, its president and its Treasurer, hers,
duly authorized, this day of June, 1993 .
White Birch Construction Co. , Inc.
By
James M. Grifoni,
President & Treasurer
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. June , 1993
Then personally appeared the above-named James M. Grifoni
and acknowledged the foregoing instrument to be the free
act and deed of White Birch Construction Co. , Inc. , before me
Andrew A. Caffrey, Jr.
Notary Public
My Commission Expires: 06/12/98
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1
� I
COBBLESTONE CROSSING
MASTER DECLARATION OF COBBLESTONE CROSSING
IN NORTH ANDOVER, MASSACHUSETTS
RESERVATIONS AND RESTRICTIONS
This Master Declaration of Cobblestone Crossing made this
day of November, 1993 by Thomas D. Laudani, Trustee of Cobblestone
Crossing Realty Trust, u/d/t dated June 29, 1993, recorded with the Essex
North Registry of Deeds, at Book 3772, Page 253 (hereinafter referred to as
Declarant), being the record owner of certain land located in North
Andover, Essex County, Massachusetts, hereinafter more particularly
described in Article 1 below.
WHEREAS, Declarant intends to create a residential community on
said land, together with other amenities therein, including without
limitation, public; and/or private ways for circulation, access to residences
and utility services; and
WHEREAS, in furtherance thereof it is desired to establish common
and mutual covenants, conditions, reservations and restrictions;
NOW THEREFORE, Declarant hereby declares, provides and
covenants as follows:
ARTICLE I
SUBJECT PROPERTY
A certain parcel of land located in North Andover, Essex County,
Massachusetts and shown on a sliects 3 and 4 of 9 of plans entitled
"Cobblestone Crossing A Residential Single Family Development in North
Andover, MA, which plans are filed with the Essex North Registry of
Deeds as Plan No. 12251 ("Plan No. 12251") as modified by a plan entitled
"Revised Definitive Plan Cobblestone Crossing in North Andover, Mass"
approved by the Town of North Andover Planning Board on August 31,
1993, which plan is filed with the Essex North Registry of Deeds as Plan
No. 12286 ("Plan No. 12286"), comprising of and encompassing
Cobblestone Circle and Copley Circle and Lots 3 through 14, inclusive, all
shown on Plan No. 12251 and Lots IA, 2A, 15A and 16A, inclusive, all as
shown on Plan No. 12286 (collectively the "Plan").
ARTICLE II
LAND CLASSIFICATIONS
PROPERTY USE AND RESTRICTIONS
Section 2.01 Land Classifications
The land within Cobblestone Crossing is hereby divided into the
following use classifications:
A, Resident Areas, Referring to each of the lots numbered 3 through
14, inclusive and lots numbered IA, 2A, 15A and 1 GA, inclusive, as shown
on the Plan.
B. Common Areas. Referring to the easements now designated of
record, or to be hereinafter designated, modified or amended by Declarant
in its sole discretion as being reasonably necessary, being situated within
the subject property described in Article I above and the appurtenant rights
and easements to each lot owner, during each lot owners period of
ownership to use the roadways, together with others lawfully entitled
thereto. Declarant expressly reserves the right to dedicate or convey to the
Town of North Andover the ways shown as Cobblestone Circle and Copy
Circle on the Plan as a public way at such time as the town is willing to
accept such dedication or conveyance including the right to convey to the
town the fee interest of the land in said ways, Declarant further expressly
reserves the right to grant rights and casements for access, utilities,
drainage and such other purposes as Declarant in its sole discretion deems
advisable in, on and over Cobblestone Circle and Copy Circle as shown on
the Plan and upon the recording of such easements this Declaration shall
automatically be deemed amended to reflect such right(s) and easement(s)
without any further action.
Section 2.02, Residence Areas Permitted Uses and Restrictions,
Each Residence Lot shall be for the exclusive use and benefit of the
owner or owners thereof, subject, however, to all of the following
limitations and restrictions:
A. Residential Use. No building or other structures of any kind shall
be erected, placed or allowed to stand on a Resident Lot except a single
family residential dwelling house and otherwise permitted under applicable
law, together with accessory buildings and structures normally appurtenant
to such a dwelling situated in North Andover. The architectural style and
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materials of the structures are to be in accordance with paragraph 1, d, of
the Special Permit recorded with the Essex North Registry of Deeds at
Book 3773, Page 273, as may be modified by the Planning Board of the
Town of North Andover. No garage shall be used for the storage of
commercial vehicles or construction equipment. No business activities of
any nature shall be continuously or regularly conducted upon any
Residence Lot, and no advertising signs shall be displayed thereon, except
that a lawyer, physician, architect, dentist, real estate broker, insurance
agent, artist, or writer residing in a dwelling house thereon may maintain an
office for his/her professional use subject to the provisions of the North
Andover Zoning By-law, and may employ not more than one person and
may display a small professional nameplate oil the Residence Lot, Nothing
herein shall be deemed to prevent the leasing of a Residence Lot from time
to time by the owner thereof subject to the provisions of this Declaration.
Nothing contained in this Master Declaration shall be deemed to prevent
the Declarant from (i) maintaining a model home, business office and/or
construction field office on any of the Residence Lots; (ii) conducting
business activities upon any Residence Lot with such number of employees
as Declarant shall desire; (iii) maintaining or storing of commercial
vehicles or construction equipment; or (iv) displaying such advertising
signs as the Declarant may desire,
B. Animals. No bets, animals or birds shall be kept or maintained
on any Residence Lot, being of such type or in such number as to be noisy
or offensive, and no pets, animals or birds shall be allowed to pass onto or
enter land within Cobblestone Crossing other than the Residence Lot of the
owner thereof, unless such pet, animal or bird is suitable leashed, caged or
otherwise physically controlled and/or restrained; provided, however,
notwithstanding the foregoing, no poultry house or yard, rabbit hutch, dog,
cat or other type of kennel, shall be erected or maintained on any Residence
Lot nor shall pigs or other barnyard animals be stabled or maintained
thereon.
C. Improvements
p and Alterations. No buildings, fences or structures
of any kind, or additions thereto, or driveways shall be erected, placed or
allowed to stand upon any Residence Lot until the size, plans,
specifications and locations thereof shall have been approved in writing by
Declarant, or an architect so designated to perform such professional
service by Declarant. Declarant shall have the sole and exclusive right to
refuse to approve any plan, design specifications or building materials
which Declarant deems not suitable or desirable for the overall
development of Cobblestone Crossing. No loam, sand, gravel, or other soil
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material, except that resulting from customary landscaping and construction
permitted and approved hereunder, shall be removed from any Residence
Lot. The erection of any approved structure on a Residence Lot, one
begun, shall be carried forward to completion with reasonable diligence,
specifically including the landscaping thereof.
D. Teniporary Occupancy. No trailer, mobile home, camper,
temporary building or structure of any kind, shall be used for a residence,
either temporarily or permanently.
E. Trailers and Tents, No trailer, mobile home, commercial vehicle,
construction equipment, camper, permanent tent or similar structure, shall
be kept, placed or maintained upon any Residence Lot or on any vehicular
access areas in such a manner as to be visible from neighboring property,
provided however, that the provisions of this paragraph shall not apply to
temporary construction shelters or facilities maintained during and used
exclusively in connection with the construction of any improvement
approved by Declarant, or its designee.
F. Nuisances. No rubbish, debris, dead trees or heavy brush of any
kind shall be placed or permitted to accumulate upon any Residence Lot
which will or may render the same, or any portion thereof, unsanitary,
unsightly, offensive or detrimental to any other Residence Lot, and no
activity shall be conducted or maintained which is or may be offensive or
detrimental to any other Residence Lot in the vicinity thereof, or to its
occupants.
G. Repair of Buildings. No buildings or structure upon any
Residence Lot shall be permitted to fall into disrepair, and such building
and structure shall at all times be kept in good condition and repair and
adequately painted or otherwise finished.
H. Trash Containers and Collectors. Trash, rubbish and garbage
shall be kept in covered containers which shall be properly screened and/or
enclosed so as not to be visible from neighboring properties or roadways,
except for such necessary periods when such containers are made available
for collection.
I. Communication Facilities. Outside television and/or radio
antennas or aerials and satellite dishes and other similar outside
communication facilities are prohibited.
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J. Clothes DiThig Facilities. No outside clothes lines or other
outside facilities .for drying or airing clothes which are visible from
neighboring property shall be erected or maintained on any Residence Lot.
K. Lighting, An outdoor electric street light may be installed by
Declarant in front of certain Residence Lots. The owner of each such
Residence Lot shall be responsible for the cost and maintenance of each
such light installed which will be connected to the electrical service of such
Residence Lot.
L. No Above-Ground Swimming Pool. No above-ground swimming
pool shall be erected or maintained on any Residence Lot,
M. Restrictions on Further Subdivision. No Residence Lot shall be
further subdivided, except by Declarant.
N. Signs, No signs shall be erected or maintained on any Residence
Lot, except;
(1) Such signs as may be required by law;
(2) A residential identification sign having a total face area not
larger than seventy-two (72) square inches;
(3) During the time of construction of any building or other
improvement, one job identification sign not larger in area than
three (3) square feet;
(4) A "For Sale" or "For Rent" sign, of reasonable type, size and
appearance, but only if attached to the building (and not free
standing or attached to any pole or tree).
O. No Cut Zone. No trees to the rear of the line designated on Plan
No. 12251 as "50' Buffer Zone No Cut Line" shall be cut or otherwise
destroyed, except .for the cutting or pruning in the course of normal
maintenance or to implement disease prevention measures, without the
express permission of the North Andover Planning Board.
P. Swingy, sets. No swing set may be installed or maintained on any
Residence Lot unless it is a wood structure and has been approved in
writing by Declarant or his successor as provided herein.
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Section 2.03 Residence Areas: Construction of Improvements and
Alterations.
A. Application for Approval of Improvements and Alterations. Any
owner of a Residence Lot proposing to make any improvement which, under
Section 2.02 hereof, requires the prior written approval of Declarant, or its
designee, shall apply for approval by delivering a written application
describing the nature of the proposed improvement, together with such of
the following documents and information as are pertinent, in such number
of copies as the Declarant, or its designee may require.
(1) A plot plan of the affected property showing the location of
existing and proposed improvements and alterations;
(2) Floor plans and landscaping plans;
(3) Drawings showing all elevations;
(4) A description of exterior materials and colors, with color
samples; and
(5) The owner's proposed construction schedule.
B. Basis for Approval of Improvements and Alterations, The
Declarant, or its designee, shall, after consideration of the items set forth in
the foregoing Paragraph A and such other matters as it deems necessary,
grant the requested approval if the Declarant, or its designee, determines
that:
(1) The proposed improvenent or alteration conforms to the
provisions of this Declaration and the restrictions herein set
forth;
(2) The proposed improvement or alteration is reasonably compatible
with the standards of Cobblestone Crossing and the purposes of
this Declaration as to duality of workmanship and materials, as
to harmony of external design with existing structures, and as to
location with respect to vegetation, typography, finished grade,
and views from other buildings and building sites; and
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(3) The proposed improvement or alteration complies with all
applicable laws, specifically including the zoning by-laws and
building code requirements of the Town of North Andover.
C. Form of Approval. All approvals given under the foregoing
paragraph shall be in writing, provided, however, that any such application
for approval which has not been acted upon within thirty (30) days from the
date of submission thereof to the Declarant, or its designee, shall be
deemed approved. In the event of such failure of Declarant to act upon
such application within said thirty (30) day period, the owner of the
Residence Lot which submitted said application may record at the North
Essex Registry of Deeds an Affidavit, sworn to under the penalties of
perjury, reciting same, and said affidavit shall upon recording be of the
same force and effect as a certificate of approval issues by Declarant. The
deed of a particular lot by Declarant shall be conclusive evidence that as of
the date of such deed the approvals required hereunder have been granted as
to the lot conveyed.
D. Proceeding With Work. Upon receipt of approval from the
Declarant or its designee, or upon the lapse of thirty (30) days without
action as provided in Paragraph C of this Section 2.03, the owner of the
Residence Lot shall, as soon as practicable, commence and diligently
proceed with the proposed construction, refinishing, alterations and
excavation in accordance with the owner's proposed construction schedule
set forth in the documents accompanying his/her application for approval.
E. Failure to Complete Work. In the event that the construction,
reconstruction, refinishing, or alteration of any improvement is not
completed within a reasonable time, or having been completed does not
comply with the approval therefor given, the Declarant, or its designee, may
direct and order the owner to remedy the non-compliance or remove the
improvement. If the owner does not comply with the order within the
period set forth in the order, the owner shall reimburse the Declarant, or its
designee, upon demand, for all reasonable expenses and legal fees incurred
in connection with the enforcement thereof.
2.04 Association of Homeowners,
A. After the Declarant has conveyed all the Residence Lots any and
all rights and obligations of the Declarant under the Declaration, including
without limitation, the right to approve or disapprove any request which
requires the written approval of Declarant shall vest in the Cobblestone
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Crossing Home Owners Trust u/d/t dated June 29, 1993, and recorded with
the Essex North Registry of Deeds at Book 3772, Page 287.
B. . Notwithstanding anything contained herein or the Declaration
to the contrary, so long as Declarant owns any Residential Lot(s), Declarant
shall have the sole and exclusive right and authority to approve or
disapprove any request which requires written approval and so long as
Declarant owns any Residence Lot(s) no amendment affecting these rights
shall be valid unless executed by Declarant.
C. Nothing contained herein shall prevent the Declarant from
assigning its rights as Declarant to a third party which shall succeed to
Declarants rights and obligations hereunder. A conveyance of one or more
Residence Lot(s) to the assignee of Declarant's rights and obligations
hereunder shall not be deemed to be a conveyance within the meaning of
this Article or the Declaration.
ARTICLE III
MISCELLANEOUS PROVISIONS
Section 3.01 Amendment and Duration
A. Amendment. Except as otherwise herein expressly provided, this
Declaration may be amended at any time by;
1. A vote adopted, or written consent to, the proposed amendment
by the record owners of seventy five (75%) percent or more of
the Residence Lots. Such amendment shall not be effective until
there has been filed and recorded a certificate signed by the
Declarant, or its designee, setting forth the amendment and the
facts relating to its adoption. However, no such amendment
shall be adopted that substantially derogates from the original
intent and purposes of this Declaration or otherwise is to the
detriment of the Residence Lots or Owners; or
2. The Declarant, who may amend this Declaration for any purpose
so long as Declarant is the record owner of not less than 2 of
the Residence Lots.
B, Duration of Restriction. Subject to the provisions of Paragraph
A of Section 3.01 hereof, the restrictions set forth in this Declaration shall
continue and remain in full force and effect in all events until thirty (30)
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years from this date, and may thereafter be extended and continued in full
force and effect 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.
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Section 3.02 Enforcement and Non-Waiver.
A, Right of Enforcement. The restrictions set forth in this
Declaration are for the benefit of all the land described herein and shall run
with the land. Except as otherwise provided herein, any owner of any
Residence Lot, the Declarant, or its lawful designee, shall have the right to
enforce any or all of the provisions of this Declaration, including without
limitation, the restrictions herein set forth.
B. Violation of Law. Any violation of any applicable local, state or
federal law or government regulation pertaining to the ownership,
occupation or use of any property within Cobblestone Crossing is hereby
declared to be a violation of this Declaration and of the restrictions herein
set forth and subject to any or all of the enforcement procedures set forth in
the Declaration,
SECTION 3.03 Delivery of Noticesand_ Documents.
Any written notice or other document relating to or required by this
Declaration may be delivered either personally or by mail. If by mail, it
shall be deemed to have been delivered forty-eight (48) hours after a copy
of same has been deposited in the United States mail, certified or registered
mail, postage prepaid, return receipt requested. Declarant's mailing address
shall be 733 Turnpike Street, Suite 209, North Andover, Massachusetts
01845 or such address contained on a notice recorded with the Essex North
Registry of Deeds on which notice reference shall be made to this
Declaration.
Section 3.04 Construction and Severabilit : Singular and Plural.
A, Provisions Severable. Each of the provisions of this Declaration
shall be deemed independent and severable, and the invalidity or partial
invalidity of any provision or portion thereof shall not affect the validity or
enforceability of any other provision.
B. Singular Includes Plural. Unless the context requires a contrary
construction, the singular shall include the plural and the plural and
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singular; and the masculine, feminine or neuter shall include the masculine,
feminine and neuter,
C. Captions. All captions or titles used in this Declaration are
intended solely for convenience or reference and shall not affect that which
is set forth in any of the provisions hereof.
D. Definitions. Whenever the context so permits, all references to
the term "Residence Lot" contained within this Declaration shall include
each Lot numbered 3 through 14, inclusive and lots numbered 1A, 2A, 15A
and 16A, inclusive, as shown on the Platt.
E. Additional Lots. Declarant reserves the right to include
additional lots as subject to and with the benefit of the provisions of this
Master Declaration by recording an amendment to this Master Declaration
providing for such additional lots.
COBBLESTONE CROSSING REALTY TRUST
By;
Thomas D, Laudani,
Trustee and not Individually
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. November , 1993
Then personally appeared 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, before me,
Notary Public
My commission expires:
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CONSERVATION RESTRICTION �N r I �,7-!?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 fo:.th 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.IU-'52 . 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
By-Law relative to the use of open space as to a Planned
Residential Development.
2 . Purpose of Conservation Restriction: The Open
Space contains unusual, unique or outstanding qualities protection
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
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Cobblestone Crossing Realty Trust u/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,
Tack 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. Assignability:
1. Running of the Burden:
The burdens of this Conservation Restriction shall
run with the Open Spaces in perpetuity. If
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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 Jaws
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 29tJh day of June, 1993 .
Jose ine Messina, Co-Executrix
Domenic J. Meigsina, Co-Executor
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COMMONWEALTH OF MASSACHUSETTS
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
Al
Notary Publi
My Commission Expires:
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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 � day o£ 1993 .
TOWN OF NORTH ANDOVER
By ris Conservation Commission
441W B
COMMONWEALTH OF MASSACHU TT
Essex, ss. 1993
Then personally appeared the above-named
and acknowledged the foregoing to be his/her free act and deed,
before me.
Z:FA N Er L. �FATD/U
Notary Public
My Commission Expires:
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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
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:
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FORM I
COVENANT
June , 19 93
North Andover MA
KNOW ALL MEN by these presents that the undersigned has
submitted an application dated December 23, 1992 , to the NORTH
ANDOVER PLANNING BOARD fo27 approval a Definitive Plan of a
subdivision of land entitled: ' Cobblestone Crossing ,
plan by: Environeers, Inc. , Box 51.6, North Andover, &lA 01.845 ,
dated: December 3, 1992 owned by; Estate of Louis Semi ,
address: 615 Hass Ave, North Andover, MA ,
land located: N-lass rive and Chickering Road, North Andover, %1A ,
and showing 17 proposed lots. The undersigned has
requested the Planning Board to approve such plan without
requiring a performance bond.
IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in
the county of ESSEX approving said plan without requiring a * �
performance I bond, the undersigned hereby covenants and agrees
with the inhabitants of the town as follows:
1. That the undersigned is the *owner in fee simple
absolute of all the land included in the subdivision
and that there are no mortgages of record or otherwise
on any land, except for those described below, and that
the present holders of said mortgages have assented to
this contract prior to its execution by the
undersigned.
*If there is more than one owner, all must sign.
"Applicant" may be an owner or his agent of record
must sign the covenant.
2 . That the undersigned will not sell or convey any lot in
the subdivision or erect or place any permanent
building on any lot until the construction of the ways
and installation of municipal services necessary to
adequately serve such lot has been completed in
accordance with the covenants, conditions, agreements,
terms and provisions as specified in the following:
a. The Application for Approval of Definitive Plan
(Form C) .
b. The Subdivision Control Law and the Planning
Board' s Rules and Regulations governing this
subdivision.
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* Notwithstanding anything set forth in this Covenant, the covenants ,
agreements, and restrictions set forth herein shall not apply to Lot 17
as shown in the aforesaid Definitive Plan.
C. The Certificate of Approval and the conditions of
approval specified therein, issued by the Planning
Board, dated May 12 1993
d. The Definitive Plan as approved and as qualified
by Certificate of Approval.
e. Other document(s) specifically construction to be
completed, namely,
None
However, a mortgage"- who acquires title to the mortgaged
premises by foreclosure or otherwise and any succeeding
owner of the mortgaged premises or part thereof may
sell or convey any lot, subject only to that portion of
this covenant which provided that no lot be sold 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, heirs, successors and assigns
of the undersigned and shall constitute a covenant
running with the land included in the subdivision and
shall operate as restrictions upon the land.
4 . That particular lots within the subdivision shall be
released from the foregoing conditions upon the
recording of a certificate of performance executed by a
majority of the Planning Board and enumerating the
specific lots to be released.
5 . That nothing herein shall be deemed to prohibit a
conveyance by a single deed subject to this covenant,
of either the entire parcel of land shown on the
subdivision plan or of all lots not previously released
by the Planning Board.
6 . That the undersigned agrees to record this covenant
with the North Essex County Registry of Deeds,
forthwith, or to pay the necessary recording fees to
the said Planning Board in the event the Planning Board
shall record this agreement forthwith. Reference to
this covenant shall be entered upon the Definitive
Subdivision Plan as approved.
7 . A deed or any part of the subdivision in violation of
the covenant shall be voidable by the grantee prior to
the release of the covenant; but not later than three
(3) years from the date of such deed, as provided in
Section 81-U, Chapter 41, M.G. L.
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8 . That this covenant shall be executed before endorsement
of approval of the . definitive plan by the planning 1
Board and shall take effect upon the endorsement of
approval. Said covenant shall expire two years from
the date of the endorsement of the definitive plan.
9 . Upon final completion of the construction of ways and
installation of municipal services as specified herein,
on or before May 12, 1998 , the Planning Board
shall release this covenant by an appropriate
instrument, duly acknowledged. Failure to complete
construction and installation within the time specified
herein or such later date as may be specified by vote
of the Planning Board with a written concurrence of the
applicant, shall result in automatic rescission of the
approval of the plan. Upon performance of this
covenant with respect to any lot, the Planning Board
may release such lot from this covenant by an
appropriate instrument duly recorded.
10. Nothing herein shall prohibit the applicant from
varying the method of securing the construction of ways
and installation of municipal services from time to
time or from securing by one, or in part by one and in
part by another of the methods described in M.G. L. ,
Chapter 41, Section 81-U, as long as such security is
sufficient in the opinion of the planning Board to
secure performance of the construction and
installation.
For title to the property, see deed from Executors of Louis Sergi.
dated June 1993 , recorded in
North Es-se x—� Registry of Deeds, herewith ,
T446 or registered in Land
Registry as Document No . _ , and noted on
certificate of title No. , and noted on certificate of
title No. , in Registration Book , Page
The present holder of a mortgage upon the property is None.
of
The mortgage is dated and recorded
in Registry of Deeds, Book ,
Page , or registered in Land
Registry as Document No. , and noted on certificate
of title no. , in Registration Book , Page
The mortgagee agrees to hold the mortgage subject to the
covenants set forth above and agrees that the covenants shall
have the same status, force and effect as though executed and
recorded before the taking of the mortgage and further agrees
that the mortgage shall be subordinate to the above covenant.
3 of 5
J
spouse of the undersigned applicant
hereby agrees that such interest as I, we, may have in the
premises shall be subject to the provisions of this covenant and
insofar as is necessary releases all rights of tenancy by the
dower of homestead and other interest therein.
IN WITNESS WHEREOF we gave hereunto set our hands and seals this
of! .fin 2_ , 19 9
owner Linda E. Markham, Trustee )
and not individually
Spouse of Owner
Mortgage
Acceptance by a Majority
of the Planning Board of
oET
COMMONWEALTH OF MASSACHUSETTS
Essex ,ss June 29 , , 1993
Then personally appeared before me the above named Linda E. Markham
Trustee and ' acknowledged the foregoing instrument to
be her free act and deed. n
Notary P i'
My Commission Expires: 61
COMMONWEALTH OF MASSACHUSETTS
Ell , ss L)A)E C99 19 2a
Then personally appeared before me the above named -.::�OAII - leoNS'
and acknowledged the foregoing instrument to
be his free act and deed.
L
otary Public ,1
My Commission Expires: 49Lf�9v
4 of 5
e
COMMONWEALTH OF MASSACHUSETTS
, ss , 19
Then personally appeared before me the above named
and acknowledged the foregoing instrument to
be free act and deed.
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
ss , 19
Then personally appeared before me the above named
and acknowledged they foregoing instrument to
be free act and deed.
Notary Public
My Commission Expires:
5 of 5
f
FORM J
LOT R�.ASL
The undersigned, being a majority of the Planning Board of the
Town of North Andover, Massachusetts, hereby certify that :
a. The requirements for the construction of ways and municipal
services called for the Performance Bond or Surety and dated
19 and/or by the Covenant dated
70"e- .2 19 and recorded in District
Deeds, Book , Page i or registered in .�
Land Registry District as
Document No. and noted on Certificate of
Title No. in Registration Book ,
Page has been completed/partially completed, to
the satisfaction of the Planning Board to adequately serve
the enumerated lots shown on Plan entitled 11
C°�P.rJi�•F- __ Section (s) Sheets
Man dated 19 go � recorded by the r
�vc�r], Registry of Deeds , Plan Book 1.22 ,
or registered in said Land Registry District , Plan Book
Plan and said lots are hereby released
from the restriction as to sale and building specified - �U
thereon.
Lots designated on said Plan as follows : (Lot Number (s) and N
street (s) )
7"
w
L�
b. (To be attested by a Registered Land Surveyor)
T hereby certify that lot. number (s)
on 0u613Cc17-e-Ie- C�i/�CC& Street (s)
do conform to layout as shown on Definitive
S te titled
�3� -�3 o
Reg rveyor
1 of 2
i
c . The Town of North Andover, a municipal corporation situated
in the County of Essex, Commonwealth of Massachusetts,
acting by its duly organized Planning Board, holder of a
Performance Bond or Surety dated 19 ,
and/or Covenan dated J-v-vc-- Q?^�, 19 � from
c.. MWAWeo ' 7�,,�r -of the City Town of �Uo2. �avc�Z
4- -��'_ --- , County, Massachusetts recorded with
the t3Jc-;r District Deeds , Beek IP939,
Page , or registered in Land Registry District as
Document No. and noted on Certificate of Title No.
, in Registration Book, , Page ,
acknowledges satisfaction of the terms thereof and hereby
releases its right, title and interest in the sots
designated on said plan as follows :
=- -CQTED as a sealed instrument this cM day of lJ y 6 Y ,
1.9
Majority of the
Planning Board �J
of the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
ES SAC s's IJ-0 L�! 070 19
Then personally appeared Cc ►rA Unghe-LLd one of the above
members of the Planning Board of the Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be the
free act and deed of said Planning Board, before me.
5
3otalry Public TAN& L— En1o�
My Commission E[pares
2 of 2
i
FORM J
LOT RELEASE-
The undersigned, being a majority of the Planning Board of the
Town of North Andover, Massachusetts, hereby certify that :
a. The requirements for the Construction of ways and municipal
services called for the Performance Bond or Surety and dated
r-3/ , 19 93 and/or by the Covenant dated
u.vi ,?Q _ _, 19 --fJ and recorded in District
Deeds, Bookv..' _ , , Page v or registered in
______ Land Registry District as
Document �Na�� � T —^---- and noted on Certificate of
Title No . in Registration Book
Page has been completed/partially completed, to
the satisfaction of the Planning Board to adequAtely serve r�
the enumerated lots shown on Plan entitled � �li}r✓ '°
, zt3%�^w Cie..,Jj"M$- Section (s) , 'Sheets
Plan dated /Y± 3 , 19 9 3 recorded by the
N.C.,?.0. Registry of Deeds, Plan Book
or registered in said Land Registry District, Plan Book
Plan and said lots are hereby released -_171 '
from the restriction as to sale and building specified
thereon. CS
Lots designated on said Plan as follows : (Lot Number (s) and
street (s) )
s2v /L
b. (To be attested by a Registered Land Surveyor)
T hereby certify that lot number (s) 02 / r9r✓ /d
on 1:��J CVA4-y Cr�eo Lr:r Street (s)
do conform to layout as shown on Definitive Plan entitled
C'a>3j3Gts%�N�• �/j��sr Section She t
e� f J _
Reg ' — r. Jylf� ' Surveyor
1 of 2
c. The Town of North Andover, a munivipal corporation situated
in the County of Essex, Commonwealth of Massachusetts,
acting by its duly organized Plannin Board, holder of a
Performance Bond or Surety dated 1.9
and/or Covenant dated 1.9 from
of the City Town of • /i3-sj�v�2
G3Sc—�C County, Massachusetts recorded with
the v mot/-L District Deeds, Book ,
Page .• , or� registered in Land Registry District as
Document No. /?73 7 and noted on Certificate of Title No.
, in Registration Book, 3`17 Z. , Page z Pz
acknowledges satisfaction of the terms thereof and hereby
releases its right, title and interest in the lots
designated on said plan as follows :
1,6
4.
EXECUTED as a sealed instrument this 0 _day of P06-05 ,
19 q_
F/1/
Majority of the
Planning Board
of the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
ESSEX ss 14U&u5r C / 19
Then personally appeared I iphArp A . �JAKb6uA _, one of the above
members of the Planning Board of the Town of North -Andover,
Massachusetts and acknowledged the foregoing instrument to be the
free act and deed of said Planning Board, before me .
Wo!�tda�ry Public ,,TAoV6Pr L. 454 .
� J 9 My omM.ax Sion.. res
2 of 2
3C� FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
Crossing Realty Trust
Linda E. Markham, Trustee of CobblestopEbf
sseY , county , Massachusetts
far the
consideration of e ( — Dollar , hereby grants , transfers and
delivers unto the town of North Andover , a
municipal corporation in sex County , t e
following : * u/t/d dated June 29 , 1993 , recorded herewith
A. The perpetual rights and easements to construct , inspect , repair , r;
remove , replace , operate and forever maintain ( 1 ) a sanitary sewer
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
do all other acts incidental to the foregoing , including the right
to pass along and over the land for the aforesaid purposes , in ,
through , and under the whole of Cobblestone Circle and Copley Circle
d a t e d December 3, 19M as revised , s a l d--pl an is made a n d s a i d p an is
incorograted herein for a complete and detailed description of said
roads .
B . The perpetual rights and easement to use for AccEss/L� Ld_Uties and
the following parcel of land situated 0mcaff eY ester
in said town of North Andover _~
and bounded and describe2 as follows .
1. Access/dress, utilities basement shown at the end of Copley Circle in
Parcel A-3 Openspace on Plan #
n}
�a
2. Drainage Easement shown in Parcel A-1 Openspace on Plan #
3. Drainage Easement shown on Lots 2, 14, 15, 16 and Parcels A-3 and A-4
Openspace on Plan #
The grantor warrants that the aforesaid easements are free and clear
of all liens or encumbrances , that he ( it ) has good tittle to trans -
fer the same , and that he will defend the same against claims of alzl
persons .
For grantor ' s title see deed from Executors of Louis Sergi
dated June S' , an recorded i-r
North sex Di s try Reg1 s try of Deeds , Book , t
Page or under Certificate of Title No . 3
, register—ed in District
of the land Court , Book Page
To be completed if a mortgage exists : None
And of
the present o er a a
mortgage on the above__ scri a an , which mortgage is dated
19 and recorded in said Deeds , Book
aqe for consideration paid , hereby releases
unto the town forever om the operation of said mortgage ., the rights
and easements hereinabove granted and assents thereto .
11-Y-2-L-�-
Linda E. Markham, Trustee
Authorized signature of Mortgagee . Owner
IN WITNESS WHEREOF we have hereunto set our hands and seals this
2 9 t h day of 19 .9 3-----'
COMMONWEALTH OF MASSACHUSETTS
_Essex _ ,s s ,dune 29 . 19�_
Then personally appeared the above named Linda E. Markham ree
and acknowledoed the foregoina to be her
act and deed , before me . '
Notary Publl1 ci y '
My Commission Expires :
NOTE : This conveyance is not effective until accepted by Town Meeting
or the Board of Selectmen .
279
GRANT OF EASEMENT
1, Linda E. Markham, Trustee of Cobblestone Crossing Realty
Trust u/d/t dated June 29, 1993 , recorded with the Essex North
Registry of Deeds, herewith, for consideration paid of One Dollar
($1.. 00) , hereby grants to the Inhabitants of the Town 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 sheets 3 and 4 of 9 of the Plans
. W
entitled "Cobblestone Crossing A Residential Single Family
gwelling Development in North Andover, MA!', which plans are filed
with the Essex North Registry of Deeds as Plan No. )•'), = 1 .
Grantor expressly reserves from the conveyance hereunder the
fee in'te'rest of the sand in Cobblestone Circle and Copley Circle. Z
For• title reference see deed recorded herewith. a
Executed as a sealed instrument the day of June, 1.993 . '
0
f + �
Linda E. Markham, Trustee and .
not individually
COMMONWEALTH OF MASSACHUSETTS
ESSEK, -SS. June l , 1993
Then, personally appeared ,the above named Linda E. Markham,
Trustee:as 'aforesaid and .ack'nowledged the foregoing instrument to
be the free,- act and deed .of *Cobblest Crossing Realty Trust,
before me,.
.
Notary Public , �
My Commission Expires: VFW Ilili %�