HomeMy WebLinkAbout1989-11-21 Legal Documents FORM
F
COVENANT
JANUARY 19 , � 199
MA
KNOW ALL MEN by these presents that the undersigned has
submitted are app l i oa t s.o dated -2 -� 9 � t o t ► � FORTH AND OVER
Planning Board for approval of :RESIDENTIAL D T L r I N P D
of land entitled* BOSTON BROOK ESTATES
plan '. G I SS INC6=FDR MIANO REALTY TRUST �
dated y MARCH 1988 owned by: MIA MIANO REALTY TRUST
address: 95 MAIN ST. , NORTH ANDOVER, MA �
land -located: 'Ak T ID E. DRIVE & SALEM STREET, NORTH 'ANDOVER, xA
and showing ONE 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 ES SEX approving said plan without
requiring a performance bond the undersigned hereby covenants
PO and agrees with the inhabitants of the town as follows:
0
. That the. undersigned is the owner in fee simple
absolute of all the land included n the PRD. 'r - and
Ix
that there are no mortgages of record or otherwise o
0 any of the land, except for hose described below, and
that the present holders f said or t g es have assented
Pq
to this contract pr3ior to its exe,cution by the
�
undersigned.
*1 f there is more than one owner, all must sign .
"Applicant" may be an owner or his agent or
n representative, or his assigns , but the owner of
ZH
04 record must sign the covenant.
2. That the undersigned will not sell or convey any UNIYin
the .: D or erect or puce any permanent h *lding
on an lot until the construction of ways and
installation of PRIVATE services necessary to
�dequately serve such GRITS has been completed in
accordance with the covenants, conditions , agreements,
terms and provisions as specified in the following
a. The Application for Approval of PRD SPECIAL RM I
b. The Subdivision control Law and the Planning Board ' s
Rules and Regulations governing this RD 4
o. The Certificate f Approval and the conditions of
approval specified therein, issued by the Planning
Board, dated 1-21-8 9
Page
d The
" Plan as approved and a
qualified by
Certificate of Approval. .
e. other document(s ) specifying construction to be
completed, name ;
ALA,, DOCUMENTSREFERS
DECISION ABOVE-CITED .
However* a mortgagee 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 NI-T s urb ect only to that portion of this
covenant which prov des that no UNITbe sold or conveyed
or shall be built upon until ways and services have been
provided to serve such UNIT*
That this covenant shall be binding upon the executors ,
ad istrators , devisees , heirs, successors and assigns of
the
undersigned and shall constitute a covenant running
with the lard included in the PRD .w and shall
operate as restrictions upon the land.
49 That particular UNIT within the s bdivilsion shall be
released from the foregoing conditions upon the
-record ng of a certificate of performance executed by a
m or i ty of the Planning Board and enumerating the
specific UNIT' to be 'released,
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 UNIT not previously released
by the Planning Board.
. That the undersigned agrees to record this covenant with
the NORTH ESSEX county Registry of Deeds, forthwith,
r 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 PRD
Plan as approved.
7. A deed or any part of the -PRO in violation o
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 i
Section -Uo Chapter 41# *G*La
. That this covenant shall be executed before endorsement
of approval of the -.x_-,,P-R plan by the Planning Board
and shall take effect upon the endorsement of approval. .
Said covenant sball expire two years from the ' date o
endorsement of the PRD
Page 2 of
g. Upon final completion of the construction of ways and
installation of - R V TE services aS spec,f i ed herein,
Y
on or before JANUARY 11 1992 , the Planning Board '
shall release this covenant by an appropriate
instrument,, duly acknowledged , Fa i l ur a to complete
.
construction and installation within the time specified t
r
herein or such later date as may be specified by vote o
the Planning Board with a written concurrence of the
applicant , shall result in automatic rescission of the
i approval of - the plan. Upon performance of this covenant
with respect to any UNIT the Planning Board may release
such UNI-T.from this covenant by are appropriate instrument
duly recorded
1 . Nothing herein shall prohibit the applicant from varying
the method of securing the construction of ways and
installation of � . � -:= services from time to time o
from securing by one, or in part by one and in art b
p y
another of the methods described in *G. . r Chapter 41 ,
Section l- , as long as such security is sufficient in
the opinion of the Planning Board to secure performance
of the construction and installation.
` JEAN F, SMITH, ET AL, AND
For title to the property, see deed from GEO' RGE H. FA RR & WANDA Ho FARR
dated J.ANUARY19 1990 recorded in
NORTH ESSEX Registry o eeds# .-�kr HEREWITH
Reg t r y-a s-Peet-
4
The present holder of a mortgage upon the property 1.5 N.A.
o
[i'w■ ,
i he mortgage
is dated and recorded
} in Reg i-s try o Deeds t Book
Page or registered in Lard
Registry as Document No. , and noted on certificate
of title No. # in Reg .strati n Book 0 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 b
subordinate to the above covenant.
N,A. I . spouse of the
undersigned applicant hereby agrees that such interest as 1 ,
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 or homestead and
.other interests therein.
Pate
N WITNESS WHEREORF we have hereunto set our hands and seals
th1819th of JANUARY9
MIANO REALTYUS
Acceptance by a Majority
of the Planning Board o
tage' 4 of
Iy 5
1
5
f
PERMIT RESTRICTION
�R ++ w� wf .Y...r ter +IIh..i sF i ■�+.0 1�of�1 wRr .'..arr �f w rrti. 1 rur,..rt i�F a.,wl'r AIr..s r.w awr;rl a'1�r wr�F rr
��i i�� iYs irF i�1��!�i 1�Mrs�F �f�1•IIIYF�F�R��f M� IYi�1�F��dW}��F�11+N1*
R
Now comes the undersi ned r MIA NO R A TY TRUSTt b and
through their t rust ees, G ORGE MYERS and PHILIP RA USAF
hereinafter referred to as . the DEVELOPER, together with the
BUSBY CONSTRUCTION cog y by PHILIP B SB r hereinafter referred
to as the INSTALLER, and do hereby acknowledge and agree that
this restriction shall be appended to and made a part of the ;
septic permit kissued to BOSTON BROOK ESTATES CONDOMINIUMS,
so-cal led, an eighteen I unit planned residential
development presently pending before the North Andover Planning
Board. 1
1. This restriction shall be made a part of and appended to
the septic permit iBsued to Boston Brook Estate
Condominiums.
2 . The permit shall be restricted and issued only,,: o the
Busby Construction Co* , unless the tors and prov i s to
of
this restriction are acknowledged by any other installer
in the same manner that they are presently acknowledged by
the Busby Construction Co.
Developer and Installer hereby acnowlege and assent that
all serer connections will be pressure tested after
installation pursuant to the terms of a letter issued from
the North Andover Board of Health dated July 2 , 1989
being Item #6 therein.
The Installer acknowledges that the Board of Health has
concerns that the trenching' system creates a practical
problem in that the soil left between the trenches, which
is designed as the reserve system, may collapse during
installation procedures, most' especially with the large
boulders and ledge out cropping conditions found upon the
premises. In order to safeguard and insure that the
preserve spaces will be left between the trenches and not
destroyed - in the installation procedures, the Installer
shall employ the following installation proceduresso
At The Installer shall file with the Board of Health the
dates upon which installation work will be conducted
t least twety#four 2 hours prior to such work.
LAW OFFICES OF Bo The Installer shall proceed with one trench at a time
ALPH A. JOYCE
96 MAIN STREET digging the same to the bottom elevation and using a
NORTH ANDOVER,MA 01W trench box or shoring box to establish the sidewalls
(we)6&5-4m .6
FAX.(5W)6 5-3148
I'
z, of the t r*nch. In the event that a oversized rock or
t
other ledge is encountered, the same will he removed
and existing material refilled to the bottom
elevation of the trench and outside of the trench
box, Base, stone and pipe shall be installed as the
trenching box is advanced down the line
C. Upon completion of any trench, the Installer shall
call for inspection prior to commencing the next
trench.
. Upon inspection, cover material and fill to finish
grade shall he installed prior to commencing the next
trench.
B. The next trench shall commence in a manner as above
set out.
. The Develop4r acknowledges that garbage disposal grinders
are a substantial detriment to the life of the septic
systems and will append to the condominium documentation
and each unit deed, the restrictions heretofore submitted
to the Planning Board appended hereto and made a condition
and part of the issuance of this permit, all as further
defined by the letter of Attorney Ralph R. Joyce dated
January 2 , 1989.
o This permit may be rescinded for breach of any of the
conditions above set out.
o Any Installer, other than the Installer herein specified, .
shall acknowledge and enter into this restriction
agreement in the event that the permit is transferred.
Signed this day of 198 .
IANO REALTY TRUSS'
BY: _ -
PHILIP RGS , TRUSTEE
BY:
GEORGE MYERS, TRUSTEE
BUSBY CONSTRUCTION COO
LAW OFFICES of
96 MAIN STREET
NORTH ANDOVER,MA O1W
VMS)66&45M
FAX:OM M6� 14a
5
f j
MIANO REALTYTRUST,, under declaration of trust dated
o /1 /87? recorded - in - the North Essex Registry of Deed Book
2473, Page 57, PHILIP W. RAGUSAF TRUSTEE and DIANE D.. A USA,
TRUSTEE, for consideration - aidr - grants to the Town of North
Andover, a massachsuets municipal corporation situated in Essex
County, a Restriction pursuant to the provisions of Section
8.5 of the North Andover Zoning By-Lawn as hereinafter
specified, on the land hereinafter describedp and to that ends
to the grantors for itself and its successors and assigns,
hereby specifies, providesy covenants with the grantee, and
grants as follows:
1. The Restriction hereby granted shall be perpetual, and
the right to enforce the same shall be managed and controlled
by the Planning Board of the Town of North Andover.
2. The land affected by said Restriction constitutes those
portions of the land of the grantor in said North Andover which
are designated as Usable Open Space and delineated as such on
the plan annexed hereto as Exhibit A, which land was convened
to the grantor by deed dated from George H. and
Wanda H. Farr and a second deed dated from Robert and
Jean Smiths both deeds recorded herewith. Said Exhibit A being
Sheet 16 entitled "Open Space Plan 11 on a plan of land entitled
"Planned Residential Development for Boston Brook Esates, North
Andoverr MA" dated March 1988, R.F. Geisser & Assoc. Consulting
Engineers, East Providence, R. I .
{
. 3. The rights hereby granted constitute the perpetual
right to enforce the Restrict .on, a d the grantor hereby
covenants for itself and its successors and assigns as
aforesaid, to stand seed and hold title to said premises
subject to the restrictions that said premises shall be
retained as Usable open Space as defined in said Section
. and as provided ire the following paragraph 4 hereof,
and the grantorr and its successors and assigns, shall neither
perform nor permit others to perform any of the following
activities on said .and:
(i) Construction or placing of any building or other
structures on or above ground except as are currently
permitted in Usuable open space pursuant to said
Section 8.5 (6) (F) ;
(ii) Dumping or placing of trash? waste. or unsightly or
offensive materials;
iii Use of said land except for Usable oven space
purposes as defined in said Section 8.5 ` and
{
X
except for such roads? drainage facilites, and site
work as may be permitted by the Site Plan for Boston
Brook Estates as hereinafter defined) approved by
said Planning Board.
. The land affected by this Restriction is a portion of a
tract of land containing 26. 117 acres being Lot 4 on a plan of
land entitled "Mianc Realty 'gusty Boston Brook E tatesp North
ndo err A" dated April 1989, F.G. Geisser & Assoc, recorded
in the North Essex Registry - of Deeds herewith as Plan
which is to be developed as Boston Brook
Estates, an eighteen unit condominium pursuant to a
Planned Residential Special Permit issued.
The grantor shall haep and hereby reserves unto itself
and its successors and assi nsp the rights and easements a t
develop and construct said Boston Brook Estates project on the
portions of said land which are not hereby so restricted,
pursuant to and in accordance with applicable law and permits
issued and to be issued therefore (b f o r purposes of such
development and constructions to use and have access to such
hereby restricted portions of said lands as are necessary
thereto, c for purposes of such development and constructions
to install, construct, maintain, repays, replace, and use such
underground utility l nesp and drainage facilitates, site work?
and such fire lanes or emergency access waysr through such
hereby restricted portions of said land as are necessary
thereto r d for puposes of such development and coast ruct i n p
to grade and alter the grade of, and to landscaper plant and
replant, such hereby restricted portions of said land as are
necessary thereto a for the benefit of all residents of said
Boston Brook Estates prof ect p to use and to maintain said
restricted premises in suitable condition for use as Usable
open Space as herenbefore defined.
. By hereby establishing said Restriction the grantor
does not hereby grant either to said Town or to the public any
right to eater said premises or any portion thereof, except
that the grantor hereby grants to said Town are easement of
access, at reasonable times and after prior notice to the
grantor or its successors or ass .gnsp by said own' s Planning
Board for the purposes of inspecting the premises in order t
ensure compliance with the fullfillment of the foregoing
restrictions. Exceptp however, that the Town shall have access
as defined in Easements recorded herewith over the private
roadway developed on said Lot 4 and over Easement areas further
defined in the Easement for the purposes of access to the state
forestry lands owned by the Commonwealth of l as ach uetts t all
s further defined in said easement.
. The land hereb restricted shall be and constitute
Usable open Space pro s ed by the grantor for all purposes of
the Forth Andover Zoning By*-Law.
j
A
" . This Restriction is to be administered by said North
Andover Planning Board and may be modified or amended by said
Planning Board and the grantor and its successors and assigns,
No Massachusetts deed excise stamps are affixed here op a
none being required by law,
WITNESS SS the execution hereof under seal this day o
19890
MIANO REALTY TRUST
By.:
PHILIP W. RAGUSAF TRUSTEE
B :
DIANE L. RAGUSAj TRUSTEE
l
t
i
41.
C Dimensional -Regulations:'. Bindle. F. ..Detached, Planned
Residential Development.
. Lot size . • : , Indi r .dua lot 'sues sh .l o <<{
less. than. one half-acre ire ,.both _the
' Residence I and Residence. 2
D i s t r V o,,
Lot. Frontage
the Res d e oe ' l District.
oo 1n the Residen'ce 2 D strip -
- 'Side Yard Setback:. 30 in the Residence 1, Distvict
t20,1 in the Residence 2 District 4
r
Rear Yard Setback: 301 in the Residence District
o ' In Cher Residence 2 District
Front Yard Setback: 30 ,gin the Residence 1 DI t r.C t . .
30 in the Residence 2 District
- Height Limitation!. ' and, 2 ,. 5 s o i e"s
Dimension - R .u ations : � ul -Family Planned Residential -
Development ,
5
I `5`
Lot SIL e y t not required
Lot Frontage not required
Setbacks : " Each multi-family structure shall b
at least 50.1 from any adjacent '
Multi-famlly structure . Further,
each multi-� * yshall
have front yard setback of a t
least thin 0 feet; cind in no
instance shall ' structures, in a
multi � I RD . be within 50, feet t
of the parcel. boundary.
r
H ht tat o �. F 1 . a nd 2 . 5 stories .
e . ' Parking Re quip re ents : For all Planned Residential
Developments - off-street parking shall be, re u i red at*- a rate {
of two parking spaces per dwelling unit.
Usable- Open Space: ]sable open Space shall. be defined as the.,
part o parts s of land within the PRD whach are reserved for
permanent open -space. . This space shall exclude parking
areas, but include -required setbacks and wAlkways , The
usable open space shall be open and unobstructed to the sky;
ho never, - tees, , l atn+t inc s, arbors , flagpoles , sculptures
fountainst. . swimming pools, .- atriums, . outdoorrecreational + : ;
facilities and similar . objects sharp. - snot; be ' considered "
obs ru t .ons`. . ,. o-r- singe i a RW , t he' -minimum usably
open space .,, re uireme s shall . be 35% of the. total parcel "
5
area; and no more than 25 of the total, amount o - required
usable open - space shall be wetland,,
.�
ARTICLE co M)
For multi,-family ' D' s, 'the minimum usable. open space . F
requirements - shah rce . area # and no
more than .- . of the total- required usable- open space shall
be wetland,
For all.. PRE s, the [usable open Space shall be owned in .' common t
by and ' readily accessible to the owners of all the units' in {
1
the P D, or by a4 non-profit organization or . trust whose
members ' are all -thee owners and occupants o , the units , or, by
private organizations' such a.s- the Trustees of -Reservations far
Essex county .Greenbelt Association whose primary functionis
the preservation of open space, or by the 'down, r otherwise
as the Planning Board may direct.'
-; , ,
Further, a perpetual restriction of the. type desc . bed- n MGL
Chapter 184 , Section l , - including future amendments thereto
and corresponding ro isio s to future laws, runnJ_n ' to or
enforceable by the Town shall be -recorded n - •s ect to such
land. Such restriction shall 'provide -that x the Usable opera
Space shall be retained perpetuity for one or more of the
olio in uses :' conservation, a r.-cu1ture, or recreation
such restriction shall be in such fort and substance as the •
Planning Board shall prescribe and nay- contain such
additional restrictions on' development and use of the [usable
Open Space as the Planning Board may deers appropriate ,
k
Calculation of Allowable a .de'ntia.1 Dens.it
1 . For ingle family, detached D' s , the a .l.o a.bl.e number o
buildable lots shall not. exceed the maximum number o
buildable lots that ' can can � b attained- under f-
. a the wFn •.+, ' , s
subd1v.1s.. on regulations, given the underlying zoning ;
district, s
. For multi.- a.m, ly ' PRD' s the allowable number of dwelling
i
units shall not exceed the maxiLmum number, of buildable
lots that can be at a i ed under the Town.' s subdivis l,on
regulations , given the underlying zoning district .
Density } onuse
_ y i
Af ford ble Housing Bonus : For all PRDI s the total. -number of
allowable lots and/or dw' elling units may. be increased' ' - to
1 f the developer designates at least l of the total, t
number of units for use - in- conjunction with one or more state
or federal housing assistance programs . However, in the
instance where the .use of federal or state oroaramg are not
available to the .11ousing Authority, the Planning Board,. after
consultation with the Housin4 Authority, may propose
alternative. methods'. . of attaining the Af fo.,rdable l eu in k F
Bonus The ' developer shall -certif y in writing t the F
Planning Board that the 'appropriate number of dwelling unity
have been . set aside and conveyed to the North Andover Housingi
Authorit . or other actions as - r uired , before the Pl.ann.Ln
Board s,hall grant any special permit with density. bonus f
provisions , F.urther,9 the developer shall bo responsible t
4 ARTICLE l0 (CONTINUED). _
work w lth the North n dove- ing Authority to initiate and ,
conclude occupancy . of said sai'd units within one yea .'o ' their
co Piet 'ailu � do- o hall a deemed a Violation o
the special permit ri' eri. '.
The granting of thisbonus' densiLty shall ' not . exempt the **'
proposed development. from any other criteria required by- this +
sect.
Open.. Space Bonus
For multi-f amily PRO' , the total number of allowable
dwelling units may be increased up t ' 1 the. p ropo R
provides sixty-five percent -usable open space
c n is ent wit h the -definition usable open space as.
provided in this section , The granting of this bonus density
shall n r.t.,. exempt the proposed- development from a y other
criteria required by this, section* .
Maximum Dens
Proposed PRD s may utilize both bonus Proyisions , i .e.
affordable housing and- 'open space; however, the granting o
bonus densities shall - not exempt the proposed development F
from are other criteria a e uire her this ect bn .
Petition' of- the Se ect er't s.
- Steering Connittee for a Balanced
Growth l cy Plan'
VOA TO ADOPT THE ARTICLE WITH THE FOLL011,1ING 1 ,;E'er:- N ,
SECTION" 5. Developnent Standards. ParaCraph a.
In the last ,sentence change Residence 2 to Resedenc-e
' r
and after the word District acid least 5 acres in •
Residential District.
VOTED YES ' No' +
ATTEST F
T6,
COPS
L �
`
TOWN
CLERK t
Ir i
1
L� U ak -Open SpaceCalculations {
7 k r t L
L --t' u i- l y PRD Parce
a - r ►; 2 - 13 Acres
Lest ,ra for domes 1
Less Area for D�iveways 0.63 Acres
, 54 Acres
Less Area for Roadways 1 . 78
S t
' �w1�a.r r..r�+�+.r..a:.tom rfgt�tw���'•ww�L�1W*����ti Mw4 wa vt4�,5''+M wr���4wr�iwi�i�TY'..4y�rr sy'wM ti�rx�F'�'�ay,+
4
s
Total, Open Space 20. 18 Acres
Actual Open Space 83 {�.
Required Open Space 50
F
F
. t
+ k
I
Re FM GEISSER & ASSOCO f
. f
CONSULTING ENGINEERS
f
1ST" PROVIDENCE, R.I. 02914 CANTON, of
Of F.N S PAC E FL N
No4k
DATE: DRAWN 8Y,, CHGCKED SY SCALE: JOB NO..
SHEET
M
-{*"'t't}0'r,*T'"fir,w1+.}k,"-I.".�."=�i}154�. +r ,, �L-a' ' ,' ; 1._}.:. .v. ;;`..'.'_: I.�,, 7 - *- - i5
} } # r C'�#AihJC,`�adl l}1' �'ii �'}' }.d„4`k .
L +'!+'�+k�.,ww t
" + 1I;f'IL *Ji.' r t 1 #_ +�. Q:}`. I rt.5.R f. 'L :r}+ .kM1 .I+* s -*'t + "L �"'.7"r*!,#tY.�T�. #i+T#.�[+r-#^'?►`rTr-•"r�.*+"h�"�*.�T•�`*'L.++7.it+i�'f•'T7'!r•.iT f•r4#R Y.,w+•-e.r# t e r+•.r .
r• LIB' ar f's' + ' '.
• +. ,# 'i , .'r I r1' s- ; si A l t . y
. ' L y+ .`�`,}�j tt''-y}� r arty .. '•L' .. F� I ' . . -
{'' r,r i' ,a FS +L �.I{ L,. I * 'i'`r i<14 ` 'M1�.'� }�F'}y� t i .I + ' rr .. 1 '
•'x,r" ` ° r'' ' ;;, _ '`' ir, *•' �J J:,a ti ti4lflC . L �7 I}':J
r . ti r1 1 x; ;�' r' .1 Y 'L'r .. '4 YS. ' , .. 1 . +,4
5 *,,. .f' ,'.l.,l'-' 'A'%r . F r + 7F.•A �' - I ._ �
.r : + 1 r 'x I"7.-.'x .'."'j ', i. tq err L-t - y r _ - L _ y -
' f '+t .r%_ ' `t.1}' , 1\_�i. r % ' +.�1 �� LJ y+' _r },L I+' ' ,' .. . y +L _ I'rF}
. .. r; r/�` -i t I' {IM1 s 0+ .J 1 ' t'
. '• S} 1 '.L .ik4 Vf.M1}, Y}+ ' + +'µ�'R,* (I Lr■I ..- *I ` ''' _ ,l
f. w J#
.+, r '�Fr.r r L y} t r -' r 4 r _ ...5. `
L 4 , iL' ' ''�;;4 .L �A _ L>.. i #+• ,4 j +} 5r_ - r It ., r i 4•
. . . , f ' L r', , 'r"r .. Y - '4 L , + t + ',y+x�?
i ; i t .f. _.. i x •r t'�rr. i I r' 7 ',L �� L 1 _ , a , !r
. . , .r ,. + .- a1,� ._5'.{rx .t r .. r ! , r 1,:J i
. ,h r•. fir' s .x. -,y.0 : t. + F'J. `' ,1 'F ' I. ,J .+ I: .. + 4 9 ,dy
X �, j r, ey�n37„}� tY1. , + +J►yy+� �{y}e}��{•l7�Y �yF r� , ;iF;i:
r ..' .I. `4 i'r'fM1+;i .�.+}. +::+{A# Y ` TF A 1 '+{}�+I'/x i+k }.+�}.+� `J� •}I + I -L }r}' i �y 1�7 ,f#.l,{' i +1+rt FA+f 4 Y� 1 y # � r r +!
2 ' 1 �' '', f�.}t_i y .■ / r /�t�+•f ,•rt 'III�•1 '1 ♦l i 1 4� 'l+4 F */!R {J J*F 1YJl�}�} �J.+1�� *}l ly#1 ,a }■�i ■��r•�]
! r i *r r 1-�1_' i.'.+: -$ Y F�:�•ry J}1�y ��';1'+{ yT� r�}..�T' y�yJ ►y` )y} /+y y�]�■ • �• rt i\11 F. � • #' Y h F i 11
IM1 4 i }.''i'+'y 'x F+! `'i..i+i �LJF y h 4' f '�'k e # * ;'# i �+•s _ I _ i.
.L t? :, T f''s `� - .J' 1' '.y5 .�'4' f r'L ..
+ .;.' r d.L t'1't r }-1 ..'",.1. '{'i'rya W-' , +i�°.j(i lr` *'' 'Y J :* � y .. L. - +' I i. ' 4' t t. r r�
. 4 M1,t. ,k'.r.5�. .:." 7' S I ry +'I r5y f 'ix L4� L { y r .} r ' yy
. ti r .J' � .t '♦ "+� F L, ._.+ 1 'f�• '. ,r.,. 4F`±i L k''.1'.4 r ' r
' 4. r L{ / 'ti �'.+�i:..{4•.�. �.- .` ... �.. w+ } 5� t M1 r+ 4 I I F
. ti. t.,,i7{ '';fr }� t! is i F
t YiFat 'y M,�`;-bb 1�l+..L!' t_1.7••err' `4-
r , .y' r I# 7.F .. f7 Y� tY r�_ {�"� #' .4 , ` } .I , � i F #�+*
r ., r .r. 's '1 . =''.';' .� :1t1 ;, t'..'._f �' -fir YL`1 F ,.. . r
' �' i '}r'i 54'}R i 'r,,*ram r k J 4'i#� �' 7r'F�r e + �}# A•R * F: .L . " s t
' f,1 r1 :s1 K'. y'1 I' +x, 1yry# y`. ��I�)ie[}y�}`�y'�w� iY}ij },� + •f f. 4 A �l # L3 !' iJi •p+, r S
. , 1 . T{r' \•f"T•"A r'� il +`;� Y ', t�{ ilJ ' + +r-'y�
{' `.'a 'Y�" +` .i /['�''� i ��..{5 y1r y}{yy }[ +{ y(�'■x fe +■r .+{r y{ 4(i .
. ! }y'r�f ti�i M1yr r+`r. ,9` }4y• ••• i�••l■ if..r. 4 , '+-•t an y x#F 1�,.,1 +Y 4�"FJ'�r_L+ .+y' 4�# i R a i# r 1s + •.N� rL %i.L�V# S#'�1 r' _ ••+l
' .. tr1. r r .. r L' .. �F' j ■• ' ' Sw _L t # i J, .',.7..L i 1X 'I 44 Y `' 145 4 {L }{ , . r 4.
{' , "';t' ' {': %tt '- n0hA-L r,~.;." # r + :' s' 7; �fv��y \!+ r fi�� lyy��y{j �{ ' #{: � '. 4 .: ` '.1
` , *Yt '# r` r +•+i r �+ Y �/ey� l +\ V Y"'t 4• y /!\if 'F' '� +"
y ..i 1 i 1 r 4 } , 7'i _ 'F 4'M- Ek14 ' ..5 r +/•1` ''+•• ,�4,
L -, +'+ F't"r 'L' .' "F SDI _' i• ','' #��■*>lI L .L t -5+1 " rtiF ' '. .+}''. :�
r" - L * ' •` y�'y{ i`}{]+yr 4�-yi 4#{' 1.4y�iJa,rt] , +
{' 1 +. ''' '4_ ' - f I �' S +' IL ` 'y' 4� MN� ■M t ■JY rr Y' Y M1 _iL. •'2k,
i . ..+F" FM1. 'x`'}r'+�•� F� ,,,,, y" ,`x5 r T+'# ++: ? x 1,1., { FJ. *' 7 � f *.y ' 1 t it ..�! i ' '. ..r _ ,`# 4'J`i
.,r..�'r, L r ;*'#.' -"}"' .< { l .A'f i 5, 'I Y, t � ' r ;"r.";,r+
' ++' M11'' f, ; yM1'' . � W 4.' .r.� � J`� ' '*Y `yT�} F�J /'� {� .i 7 _ _5�:..' 1
., 'fri' L".''irr;i ''.k L-.-r 'r'T+'tE .r" +�`{ l /FYiY•Y' {,{ }• i * •I i .I` vT '+ - t.
. t.} ji 5 y -'1.�}, F '� �L "4rj,tl�•f 4174 + ' �, + 1 i r `++
V '4 �i, h},'�. 4'•-�'' { - { y}}J_ ¢{ •�' .+. � i ' rt sr..'` o �ti1,- + s 1 j jj r[(j J�4 4.1 * ,r . lr
'., t.F . t .r f;4'{r.+'14' �'.r- li+ J` a S 4 1' ) ` r �+y A r � �k . �lF O l y O j F �t �!+4
+ i r,. y ++ _f; { 4' .5 + �f .4'rrik�s4'r r �i 1 '"'4 } '� }� �.,�+ �.
,f 't. 'a'r' :e i kF t r'"''{•' 1 4 i.r r L Jt, L + 4'' { .*.
r i .. i L'•' {4f . .i h � # a��ll ft)_J'. 4i �.%4f1#- L+{'. r' .+ �,3 r +' t ii/F i #' 'I 4 ._A .-..f
t4 1 I 4 .,.tv't RL + _ �� F # .Ri ICE 1fir ")ft # I .` 3 t ,bolo � ' . } �. %r
+ r ��.+ }L. , +x+ - .' ` +5 § rh`.*' r.,�F _t{' r {'.s F - , ' , .-{' . i},
!i'r t r " C; . 4*r' `.',•t� }i. t�•, �''y �i 5 .`t t r
'' L. •I e ' + .r L• - , ..�,_,} ''' - L i . . r `' , . + ', .�G't 1{ r 1'Y� �}•y f} +r + ' iF.Y l'
•.r 'r - i 1.' y' �•�f I. r' 'l-L, �L�, a I r " A YSr fib *t*r� i• i .L Li ' xi '+
1r + {,{'• rIL' a ,�r _ _ .��*1Jr' #. .. F'S1• L F r' ?� rt
r t : ,I r 'a i t ,, �.
.'1i � rt 4 , '� i.f { '; ' , t f r ' r a It i,'
.'* r ;:.4 r r.4 .# .#' ...' r + . # r 4 r< 3 S R x 4f #? iJ' #I }r i--4 J. , - + r.. .
�''' yy�[,,*�' } td r #!� fly }f}}i� +
r-- x iR r/\/•+jay {J'.,y�,{' }# y,�] J�,� i F, i y,. be 1�.*,r,* 1: 8 jl I,), I ' 'F' f}�
t t ' I T' + T•_ Vl 11 � r '4 LR4Ij 't 'rYir'� 4+' Af T yx ]Jy� .ry�/y. [y;� ; }}} l±�,�� i[ ••• ]t }+ 1�.+ `F�
r J !}' * '' { }.::F k 'J. +� { i.iL r r ' ,' .ti 1' "•S ; it l: L :o E - { #T f• #+i L r 4'F'�' "
.. ' ' r J'' r ' �} .r 1 ' r S '4
'r 4 r`. ;. r' S'+Lt.4 r,L'IJ.% '`r " " .5.; } i r LL L.:t+ _ r S r ' J ' ' r M1 ' _� i
. ''4 "._y; 5'.'F '�, . 4 .+' r' •4 ,i .4 .% ' '� ';± }r' __ r �.. 1 4- 5 's - , iL'E ti'r
r . r 4�' 'F 4 t f .r �. .„ L { d ti f , it+_ .1. . * y �"{i.1 r '•^�' .�
' r f I I ; i L ;'0 1 $'- :r' ;` LF. ''x , �' 4 { { r i? TTT „ L +'.
;'t;',}• ':;.t 'o F'' 1 t i :k r, '4 t. '4' J + ,W�•,.•.,,.-;-",.,;4 L ' 1, �, r.
' J! f if-. + e# :„ J � + 1, # ''1 s' i
1 - Wyk ` .. 1 .'FL 5 .; } i r , i+L` t .i'r , .L i� 4
r r " ' .. {'� ,?1.'.'t+-, . 1<++*�t��. 't��..#"'""`i'i� +�++�•..�'." '+''' �}� +{• ����gir+r+ �,SJ1f + ' t �5, � L " k Lf rr '#*}
5 L r 1 I' -fir '� -s r.. _ i+ .'.. •i+ .I 5 r ! - .i• i a i-ii�,t1'�--�!-�� �. i3x�j�*F.•-��«..rw � S J 4 #ff.a
L 's _ ,I" yr• :'! t'f. _ { { ri } 4 +-i-64"�
S 41 tiF 'F r Ft ` L'}'.. 4 y ,.,X
, L + y _, 'x, ',r # }} t L •. L ��f'� . . ;s•. .. -'1 r t i .1 L t , 'r ti 1
L .#. ?h-:,', _ }+.r....!.k�� 'Fr. I M1� ti ! x, :� .r l L I 1 �. ' '. _ L Y L\-F RF
• t a .d�7�� ���"R a'$i ,..y'.:�,�•'•�....',.;.r, -.4 '; w' r't' , e i , 7'!;
,- Ir L i tLf r 5 I 4F _,4 F. ,.i �l*_ : r "� t"� t .�rw� - 't } t
i , ,r1 %}Y ,t+' L. i '+ *3 ' ' .' .s _ - § +' .rt."'�1�•+.+ .�.i4+-..wb•'.r�.4,+.•-ram+-,arw+-+--'�„�--.w•.,..•• �Lr
L 4 x r i I�r. i t' ! ", .'' I. ,r''4!.' *5'- i+ .•y L�}+... 1 ' { 7+1 L ♦ 4 L+ .' , ; r ; r r 'i *i;L
' 'i.F�t'a a 'L'�ii !''y''' `F,-'' .�*r: ',{L .+I-4:,..x'... ' r..•- .. s+' r * 4}L. t
{ .� '�y 'r L f:.. .. -" i 5 - '.� i.i*", t ' ` t - t , f1
. P i �? , i J 5 r. '4 { *�. a,.•,�,��•�....�...,.ter-4+-# �•1rif -wm+.*'�' x-� .
_ +r+ i�.. {'' S• .�'. ►r 4-}''i-'x .' R ; L '� �� � i _ { 4 r i.r .
'S t' } .x'._ 1�L f yr'So�i}:?'.`F-:��':.? r' 'F r.'�..}`�-i ,5 yf' ' 4- ' ' ' ' ' : r i
r r7'# } r '.t s` [ , ,` '- ._ mod•.'I V i■+f-%-«--4-.+--�+•�+•+r..+- e„�--i-, ++•.....�,+-.•�•r._ ' � F . - y M1� f r i i
+' t1 :A f, yr: f'I. k
�� . �• 'If JAL} :,kr.�; r�'!:'r:. i •#,+. r}•' 4 %,,, 4 `t- ,'
7 , - ,'r _ 'h+ +4- �� .. r.k.t. `.F.% . ;sY ? •7 RL }}1'JL♦7 J�i1 ! r t `r , I `J.
. ,' + 'y!� 't '.y.+-.`-r ry lF 7,F#.r '4, _���: .a,.rt ''a L'Y Rr' / JL4 �f r ..ILS 'r '�r; f
,,t
.. rM' _ ''�y •5.: L. �'4� 'ii'f: ii .i_ 'r L i'; x.
h ti 1. r'.' t. a' , F. ..1 4 i f:r /a
'.'', } , L i '{ F
yL* s.]9'.1' M1.,Yt.`.` , 'I i ''}L L J+ 4 !� i 4 _r�,C
'rt -.! .5:� .!' r. r 7 ice} r'U%L r# a / ..a
1` s 'I's r L �'n 1 r 1 x #'A.i f i ,}
. a =�, 'i ti +'r �J
- y. '+ ' fi L
;' ; '+. 'i:'�'.L';M1 :r;+' ..ti. +�r.f r {'i, a' L• L i i . J y'R+.
't l 4'.xrL r ;� ?' ;kM1.'ft.' f r'r r' t'1�. r �' 1.
4?'
�'+ . r5"" .'r" � �l 0h AI! rL � /FIV t� i V r '#F� ' { }`F. J 5 r ,. t }`J.
i 1 L• .` '. 'ti :y.a::�r *Y �'i',. rkr. ':{'. .l"a{ - i !r 7 'f i * + 1 {r i!
Lat. '1'' } #'4 l y. r..'y'' .i 5 i' i' L i, 1 t L r �f 1� rr,+
L ..1+4r _ l i L' 1 .. .r .
,
]] '1' fl r
;' +, i. is }4 1 I..r' J x. i . + F' 'Y -J s+ , } a i y'.
'Y L J1'.� l ,'r -fir' f� 4 - L _
-�' �'' kM1 }
r' .i
r f� Y` s
4i 1,
4
".F
LM1 + 'f 't{ 4Mt' F +'r.�':M1.� ♦+A k'k�' .. {/. L _ .
. r ,.}. '1,'r I I
.,{!., r t , TA
-s i+ .F - 's h F j
L �'L5'
t'� r'. �'1' rY.'' 7
+}• f
i '.7 r�'�
::+. + 1i' L
r � r
,
A.
4 4.
1 i��(
=.; +::: #fix _ 3
.............:.
.'!ter' •''�::' I. - '•
# '
w,.:....,..: ;.w.
;..
r....t_�l,r ...._..t..... .., v 'p-',. ..+..., , rLL,c { '�, a .. N .....,.�. ..f.. ,l''"* {..' t:,: :.'} ": �• ;' L
.ry } x,. .i X i' -' �x w .'}�'� +.'y:�.r t'�f S. r* ?''.�. + 1"'' ''"'t'� '3' + _ A.
.�' .k,..n ,., .!<"' k.^ ..'. "fp' '../k♦ i.. "" ;M?.�t '1 fi t'};:;..: ry''k*l..M1 ."..'_r 1. �•L '}+,�. ri
f.t. ?, � .. w}?` �} .4S' .,,,4! h .. ,r �i ,a...^C'X:'.�< f 1'_ •-* F. •r�<+�# .9 's-�} Y s
i. r tip?:��,...x :I:n _ f
:.. :._
...c .,r. a.u- ......�,:,: , ...... C.. _......tip. r s y '/` r.
F ... N. r 'r,w ' w::v,:,' '
�., ............ , ....%... .. .. .. N r... .,..+', .. .f .1. �
t ' Y:.n ,,..' ,
1 . .� ..�}..,h..,. ,..fs t... ... }..h..} i •t{, r-.%'-):' ._l': � :`�'' �''1�'.. FM1 r • r
�t
�y {
y� .:.,,, + #f
. Y....+...... .......r +i4... _..S:}... ♦h..�.rry a.......... .}.. r..k' "'J:. �}f r;�:#:.. .I, -
F. � f.}. x , ,.. .•,-.. , lam+N 1
.. .. ...r...- .. ....,.. ...k. ... , .�.h_ .'.0 r... ... �k
.....L.. .._kt, ...r. . d x n. r. r �..Y..s rv'. }.�..,e...f.-...n.....-.....,9.,. .a' :,:. 'y"k, F.:...,.:'.•ti. %'•� � '�
..... ..........J�...... .... .. ..\ n ,} „ f.+4........... ... 1. nF.. .ri. "�s {,?,--!'I.e ." �.J. 1 ! .
4 ,. ._....... _.r ....„ L�.. . �.. 1, ................ .:': r,}: ',.;<.M1 nr ,.} `K}:��..� i M1
} „
i +
r.. ... 7.. ..i....r....., 1 ...,}.� ..i. ........W_... 1,.,... F...'n "�..' i.L ��.k.nn...,.r .:.1'4T L' '. .I , L�.
.t .. ..,.L..... ........ .. L v..,. ... '7s f :.h::'w a'!:':;.0 3. ..1 r ....
.A r 'wy.. - -. ..
... .. , .n .: ,.. fr .S.
... ....... ,. f,.. , '. .-.. ..�k,.L.,. t
.r,:. ►, '.1.:.
+ .�,
.., .,.. ... }a .. +, '='.!....f.. J ... f' 'M1�.� [*may
y"�'. 1' , �....a. y....
.. .... s,. r 1-.. n y:x 1... �
i. ,... _ ..,. t .•'�:......_:' ?3 ::'''.:, AIM
„.
-.``:'
L x .. ....'. .. .......
w,....
a x
:>.t ..
i ....,. ..i .. ., ... ..,�. .. ..... .. , fix, 4 .. ., } 5`L F
. .� .... _.. ..} .r,.. ,., .. ......-,, ,$' e .•.k �..e.' ..?• ,.�7....l. 'y., �F {;,.t fir. 1 'r: _
+. .1 x tF M .r.'�� "k.�' � L
_ ,.. ".r.� �......,,�..... � .._.,x a.+ �_._...tr.......x.�.�c.'�'�1,�.�,r.�'� ...�[r. e�,r,..,.�r..».SLi ix::�'w.,.�.'.,r{5i....n.....i,�_�,.. h'.a.Y�;=.J _.. -� f r'L�_ ... ��r'. .. �_ .._ ,. ,. w. [. i�� ��'�{'.
.�. .-+-..+- .. , - ,mow:...._.,F+.w.=�'w� ,.,k",W''.`r--,,--*,,;,. ,,;-.�.--,,; - ��' *i„` �- - +�. ',T �' -'^t� - ••- ' - •.
�';w .k.y --w-_x..M++w-:.-,.i.�� �.L:.'�rt. =.�'.'ifsr�`-*+'.+I�Gr•,3+K*.-`+s.41.a'1'+%c:�:.,5.-. w ` - " {.-�'�' ', _ =- - - I- . .'--F ��.,y.- .
. _ r
lm���I-
+...-."-ter+r%+-.-�.._+w�.+ic.w,:_':tSG� ._ .rS:.. r�r :�..�'--- "�', „�,r�
zw ��1:.�.U,�;'{r-+yrx. 1A C':rYr!+'tkx". :a: '.v-9�-:::...+�.y
- I 3`1 SM����������ili�������������������
.?--:..- .. 5 ...-
-�, _r. . . ..----.. =a= III
- .- . - ME= 1.
' , - . ry _- y _. i _ 'r - wti..ne-�•rr` _.. `*--:w�.-,.%-+Y.t-7+*..'#`-h•"-'.-'-'t t _r.'y,.••,-y .t.-LL^.�Y�r..,,:;�'+'*+%�-.'�¢"1 y-- +S, -
. _ - - - - _ -. . - -. . _ ",, - ,.A.�r}I„'.-... - :,.ter+`
Rt . , _. .. I
-f - - . . - -
7.,� ' -� _ .. ' ' ,- -_ . _ - . -1 ._ . M1'. . .,
f - - - - *� .. . - + _ - -
�;_ : _ - _. t�t -. . :' -. . . . . .
t. - - jen .0 -� - - f Q, q �. .
- 4 K I I I'l 5^ .. 4 ;-, . al . . - — -
V-�,.:,--'' tlitcla= aV� -_-�- -- --- . . . 1 .
I
F:-r �..ri�T�Y��il�i i 5��w.�a++5r.T�1.yYW4 +�+r`
-� ,
�..'_
x *_# ;
--!..--...-a- . - -I, --, ...--- . . - . .. - -,- . . - � -.. -'. ... -9 - .... . ..- �- .. - . - . . -. -... . 9 ...- . .r- I-� .- -.. - . .. ...r - .. . I.�..-
Robe -1 .. �. j a� . - - �• _ ' _ - ._ ' ' . _
. .. , - .
. : � .ti - -. .I.. - . ,. . . - .._ _ . . - -. . -;': . . _ .-._.: _
k.:- .% _- - _: - , .- . . . .. . . . . .y . .-.. , • . - - . . . . -- .
. r ++'s li - ' .' . .' . -' -' - r . .- - . -' - .. ' _ - _ .. -
;-,..�:19 -, 99 - . r -, -,- , .. - . . .. I . - - - � . . . .'7�-.--,...' .. . I . -- .. . . - -. - -
�.�#r{y- .-+ - - _-' - J - - - - J +: ` .. .- T �... _•_ - - - - -- ..• ' ry e ti -' .. T .a ._ -.•f. - `_ Y , _ -ry. _ _ .. � .-'
� }- j - -.- - , _ _ .- _*- - M1- 'T_- F- - '% •� -- _ j�- s.' - _'y" _- i -= _ % J _ - = , ti 4- +'
'� --M1 .. '. � - } - . -'. - _ - �. , %. 1. . . _ - - .V ... ' 'R Y_- r=-.- } _+ _ ., ' .r. _ +_r-
- r - -- '�- -,. - -{ ,.` t . ._ - - .-�� , Y-_ - _ _ - _ _ ..� - - - v - - ._mot. .- - _ _4. - - ,..
A .�. _ _ w .
::-`.. �-' - - '' . I .'.. .. .- •• V. - '• . - . - . -} - -. -. , - -_ - _. -' . ..
. - . r% r ,, - _ - -t, .-' r - .
r- r_ .- _ !. . .-'' . -.. . , - ': ' -, • - ' - _ ' ,- - , - '' -. - r ,. :' - . . -,
- .-. . �:: ',".- . - . -' - - . � -. . ri.'. • : .� - . ..' - . -, ._..
9.
. , ' . . :- � ., - - ... _ ._ --. - - . - ,� - _ -- Y -- .
. . - y l _ __ _ Y_ , .-.- T _ i n _ -. - ...
-, '- - :- * •.- - _.._ ` .. - - --. .. ,..,-. - -.- _ M1 = _ - -r. - - . - -r• -- _ .. _. .'.' ,. - - - _.' - _.. - ..•_ `, ~
kn.yv
..1,
T .` -M1 .�• . - �. - _ -' -r - - - _ � � f.. ., M1 _ . _ ry _ _- - _ - - '- ...• _ J' x+-- - .. _ '� � ,' _ . -.- . -
_ _ .. ', - ' M1 - - . -- - - , .} .- _ ' - '' '. _ - -� -_ - • .. f } - _..l _ n. ' I.
+
,_0 - - 9 �.AMPAPh . . .. � - 9 -.r
_ - _ _ _ ._ , _ - ._._ - .. v _ - - _.
- .. - ._ .. . - - ,- . . - _ ._ .
- - .- . _ _ - � , _.
*-�r-1,--,'. ...- ,r,r - , -1-- 0
.:v. -&ft .�-
.�' - '�
%
_ � }4 ..}+#..+ - '. _ .. ._ - - , - te r'.., ',- , - :'.+ . _ , - .. ,4 ..- - . ± - } '_-. _' M1 k .- . . .
.' _ .. ' - " _
.'--F. . Lawrence - A. - - . �. _ . _ - R .. - - '' - ' - --
4
r
s
r � 1
LMSEMENZ DEED
k
f
MIA NO REALTY TRUST, under declaration of trust dated
0 8/16/8' , recorded in the North Essex Registry of Deeds Book
2473, Page 5 r P ILIP We RAGUSA, TRUSTEE and D AI
RAGUSAITRUSTEE of Andover, Essex County Massachusetts
for consideration of one $1. 0 Dollar plus other good and
valuable considerations
rants to the Town of North Andover, a Massachusetts municipal
corporation situated in Essex County and to the Commonwealth o
assachusets, by and through the Department of Environmental
Mana a en , its success rst assigns and designees of 100
Cambridge Street, Boston, MA
under the authority off and in accordance with the provisions
of Chapter 21 and Chapter 132A of Massacbusetts Genera. Laws as r
amended together with any other statutory authority with
warranty covenants, a perpetual easement and right of way for
all purposes of ingress and egress including the transportation
of equipment essential for the activities of forest management
and maintenance in the adjoining property owned by the
Commonwealth of Massachusetts together with right of pedestrian
access to said lands by any and all persons. ,
The easement and right of way granted herein is shown on a
plan of land entitled "Subdivision Plan of Land, Boston Brook
Estates for Miano Realty Trust" by R.F. Le sse r & Assoc. , Inc. ,
April 1989, recorded herewith in the North Essex Registry o
Deeds as � Plan # being a portion of Lot 4 thereon
identified as "Forestry Access Easement" o
Also conveyed ere. .s the right to pass, and repass upon
Partridge Drive as shown on said plan and to make such use of
sal d way for all purposes as public ways are used in the Town
of North An dove r.
r
The easement described herein shall confirm and further
described the easement reserved by deed from the Commonwealth
of Massachusetts to George Eo Denson dated June 1. , 1944 and
recorded in the Essex North Registry of Deeds, in Book 665,
Page 39.
IN
WITNESS T ROD', we set our hands and seals this
day of 19
NANO REALTY TRUST
LAW OFFICES OF
RALPH R. JOYCE BY:
95 MAIN STREET
OATH ANDOVER,MA 01846 PHILIP We R GU A, TRUSTEE
(5m)886-A&55
�AX;(5W)88 148
7
r
I '
I
5
BY. 1
{
DIANE L. RAGUS , TRUST r
4
. CORMONWEALTH OF MASSACHUSETTS
Essex
i
1
Then personally appeared the above named, �
1
and acknowledged the foregoing
instrument to be their ree act
and creed, before me �
Notary Public
My commission expires.
{
PPRA�ACCEPTANCE
{
The terms and p o is ions of this deed are accepted i
consideration of further defining rights as may be established
y the above referenced Benson creed.
DEPARTMENT OF EVIRONMENTAL MANAGEMENT
COMMONWEALTH OF MASSACHUSETTS
APPROVED AS TO FOB
BYt
ASSISTANT ATTORNEY GENERAL
LAW OFFICES OF
r
r
4
ALPH A. JOYCE
5 MAIN STREET
ORTH ANDOVER,AAA 01845
FAX:(SW W- 148
{
Y
f
1
T
f
rl�[
L
2
fi7
J
MIANO REALTY TRUST, P IL P We RA USA and DIANE Le RAGUSAf
TRUSTEES, under seclara ion of trust dated April 16, 1987 are 5
recorded in the North Essex Registrar of Deeds, Book 2473, Page
57
k
R
in consideration of ONE $1 s 0 DOLLAR PLUS OTHER GOOD AND
VALUABLE CONSIDERATION
{
grant to ' OW OF NORTH A D V Rr MASSACHUSETTS �
fi
DRAINAGE BASEMENT upon the following described parcel of
land.
A certain parcel of land located in North Andover, Essex
County, Massachusetts shown as Lot 4 on a "Subdivision Plan o
Laney Boston Brook Estates for Miano Realty" by R.F. Ge .sser, s
Inc. , April 1989. Said plan being recorded in the North Essex
Registry of Deeds as Plan No.
a
Said Lot 4 containing 32. 195 acres, more or less, all as ;
shown on said plan. }
Meaning and intending to supplement are Easement Deed o
even date to pass upon the ways shown on said Plan together
w .th the right to go upon the remaining premises of Lot 4 for ,
the purposes of maintaining and operating all drainage
facilities and appurtenances thereto including, but not limited
to, any lines as installed together with retention ponds,
detention ponds and wetland replication areas including, but
not limited to, the right to draw water from said ponds for
.. emergency purposes and to take any and all action necessary to }
maintain drainage in the area. {
Being a portion of the premises conveyed to us by deed of
George H. Parr and Wanda H. Farr, dated and recorded
n the North Essex Registry of Deeds, herewith,
Executed as a sealed instrument this day o
1 .
M ANO REALTY UST
PHILIP W. RAG SA, TRUSTEE
LAW OFFICES F DIANE Le RAGUSAr TRUSTEE
95 MAIN THE T
)RTH A D VER,MA 01645
( 08) 8 .45 5
FAX:(608) 85- 148
5+1
Y
r'
COMMONWEALTH of M SSACHUS TES
Essex
Then personally appeared the above named, PHILIP W. �
1AG JS , TRUSTEE and DIANE Le RAGUSAr TRUSTEE and acknowledged
the foregoing instrument to be their free act and deed r before
me
Notary Public �
My commission expires:
4
L
F
f
K
7
�y{
L
i
S
f�
4'
Y�
1
3
i
i
4
t
t
r
wb
1
i}
T
1,
f
i
f
}
I
Y
i
Y
I
1
I
Y
1
LAW OFFICES OF
LPH R. JOYCE
95 MAIN STREET
)RTC{ANDOVER,MA OIU45
(508)685-4555
FAX:(668)685- 148
Y
k
1 {
f
5
1
ANo REALTY TRUST, under declaration of trust dated
o / . /87, recorded in the North Essex Registry of Deeds Boob ,
2473f Page 57, P ILIP We RAGUS , TRUSTEE and DIANE L. �
RAGUSA,TRUSTEE of Andover, Essex co ntyl Massachusetts
for consideration of one $1. oo Dollar plus other good and �
k
valuable considerations
grants to the Town of North Andover, a Massachusetts municipal
�.
corporation situated in Essex County and to the Commonwealth of
assachsets, by and through the Department of Environmental
Management, its successors, assigns and designees of too F
r
Cambridge Streets Bostonr MA r
t
under the authority o , and in accordance with the provisions
of Chapter 21 and Chapter 13A of Massachusetts General Laws a
r
amended together with any other statutory authority with
warranty covenants, a perpetual easement and right of way for
all purposes of 'ingress and egress including the transportation
of equipment essential for the activities of forest management
and maintenance in the adjoining property owned by the
Commonwealth of Massachusetts together with right of pedestrian
access to said lands by any and all persons.
The easement and right of way granted herein i shown o a
g plan of land entitled "Subdivision Plan of Land, Boston Brook ,
Estates for Miano Realty Trust" by R.F. Ge i se r & Assoc. r Inc. r
April 1989,E recorded herewith in the North Essex Registry of
Deeds as , Plan # being a portion of Lot 4 thereon
identified as "Forestry Access Easement" .
.
F
Also conveyed herein is the right to pass and repass upon
Partridge Drive as shown on said plan and to make such use of
said way for all purposes as public ways are used 'in the Town
of North Andover.
The easement described berein shall confirm and further
described the easement reserved by deed from the Commonwealth
of Massachusetts to George Eo Benson dated June 13, 1944 and
recorded in the Essex North Registry of Deeds, in Boob 665F
Page 39.
a
N WITNESS WHEREOFF we set our hands and seals this
day of 19
MIANO REALTY TRUST f
tAW OFFICES OF
RALPH R. JOYCE
95 MAIN STREET BY
RTH ANDOVER,MA of 01IM5 PHILIP w o RA USA, TRUSTEE
(5M)685-4655
FAX:(5W)685-3148
BY
DIANE L. RAGUSAr TRUSTEE
C014MONWEALTH OF nASSACHUSETTS
Essex ,
Then personally appeared the above named,
and acknowledged the foregoing instrument to be their free act
and deed, before me
Notary Public
My commission expires .
APPRUAL ARP- ACCEPTAN",
The terms and provisions of this deed are accepted in
consideration of further defining rights as may be established
by the above referenced Benson deed.
COMMONWEALTH OF MASS ACHUSETTS
DEPARTMENT OF EVIRONMENTAL MANAGEMENT
BY:
APPROVED AS TO FORM
BY:
ASSISTANT ATTORNEY GENERAL
LAW OFFICES OF
RALPH R. JOYCE
95 MAIN STREET
ORTH ANDOVER,MA 01645
(608)685-4665
�AX:(6W)685-3148
I
i
EASEMENT
i
I
A o REALTY TRUST r PHILI P We RAGUSA and DIANE Lo RAGUSA F
TRUSTEES, under declaration of trust dated April 1 , 1987 and
recorded in the North Essex Registry of Deeds, Book 2473, Page
57
in consideration of ONE $l. oo DOLLAR PLUS OTHER GOOD AND
VALUABLE CONSIDERATION
grant to TOWN OF NORTH ANDOVER, M SSAC USETTS
a DRAINAGE EASEMENT upon the following described parcel of
land:
A certain parcel of land located in North An o erp Essex
County, Massachusetts shown as Lot 4 on a "Subdivision Plan of
Land, Boston Brook Estates for Miano Realty" by R.F. Geisser,
Inc. , April 1989. Said plan being recorded in the North Essex
Registry of Deeds as Plan No.
Said Lot 4 containing 2.19 acres, more or less, all a
shorn on said plan,
Meaning and intending to supplement an Easement Deed of
even date to pass upon the ways shown on said Plan together
with the right to go upon the remaining premises of Lot 4 for
the purposes of maintaining and operating all drainage
facilities and appurtenances thereto including, but not limited
to, any lines as installed together with retention ponds,
detention ponds and wetland replication areas including, but
not limited to, the right to draw water from said ponds for
emergency purposes and to take any and all action necessary t
maintain ra inag a in the area,
Being a portion of the premises conveyed to us by deed of
George H. Parr and Wanda H. Farr, dated and recorded
n the North Essex Registry of Deeds, herewith.
Executed as a sealed instrument this day of
lo .
ANo REALTY ' RUST
PHILIP We RAGUSA, TRUSTS
LAW OFFICES OF
DIANE Le RAGUSA, TRUSTEE
RALPH R. JOYE
95 MAIN STREET
NORTH A DOVER,MA 0184
( 08)685-4555
PAX.(5GO)685-31 8
{
{
x
COMMONWEALTH OF MASSACHUSETTS
Essex
f
Then personally appeared the above named, PHILIP W.
1AG S r TRUSTEE and DIANE L o R G S , TRUSTEE and acknowledged
the foregoing instrument to be their free act and deed, before
one
Ioar Public
y commission expires:
LAW OFFICES OF
R LPH R. JOYCE
5 MAIN STREET
NORTH AND OVER,MA 0184
(508)685-45 5
FAX:( 03)685- 148
-._.T + ,.,.._. - .. , _ , ..._ { _ _._,.mot -.. .r r 4 +' iM4LA'f.rf ate-a +• _W 6y-i * _
t r
+3 L -f-'• { 4{ h# t r Y + ,{'iI`,. t +' -y• • T+f• 5 - F ' •. . y, t+•. • t• -
iMASTER DICED .
or
i
e(hereinafter' the eolart" ,j being the sole owner of the land
Massachusetts es r e in Exhibit A attached
hereto and made a part hereof s by duly executing and recording
this Master Deed, does hereby submit said land together with
the buildings and improvements thereon and all easements,
righis and appurtenances belonging thereto to the provisions of
Chapter 1 A o the General Laws o a a use '.t # s a erg el
(hereinafter Chapter 8 A and proposes to create, and bereby
does create with respect to said premises, a condominium
(hereinafter the *Condominium*) to be governed by and subject
to the
provisions of Chapter 13A, and to that end declares and
rod a the followinqs
i. 14=It The Wane of the Condominium shall e
2, � W u i There un es gnate �
� building the uiii o the .
t
containing units as hereinafter described. The
Building consists of Y
h
D9X&.iP.i The land herein to t h e
"Land") upon which the buildings and improvements are
situated is described in said Exhibit A attached hereto
and rude part hereof.
F e � � i �
{ (a) The Condominium has units (hereinafter
{' referred to as the Units The e i ati s$
locations, approximate areas, numbers of rooms,
immediately accessible common areas and other
descriptive specifications of each Unit are set
RALPH A. SCE M forth in Exhibit B attached heretof and are
ATTWMEY ATLAW shown on the site and floor plans recorded
Iwi�lAINSIREET herewith. The saidfloor a shows the .ayo t#
WDWH , locations# unit numbers and dimensions of the
Units as tuity indicates that the Building
I
_ 5
i
l �I
bears
k itself has
Prof ng iee h
- F
s]Ll as
. + required by the provisions of Section 8,
f chapter *
(b) The boundaries of each of the Units with respect
o the floors# oeiigsr walls
doors and
windows thereof are as f011owss
(i) Moms The plane of the upper surface
the foundation.
Cp..J.Jjnqfi: The plane of the lower surface
r the roof rafters=
tWjgnUMjj_fit The
bane of the interior surface o the wall
studs facing each Unit of the interior .
., -----.building _ which separates the Units.
UO ExterjDx B .!d inq.__-� 1 a D r,62 . -a W al n dows
al. OQ
- s to the wallst the plane of the interior
surface of the wall studs facing the Unit
as to doorspthe exterior surface thereofl
as to the door f Braes, the interior surface
f
thereof; as to windows and sash# the ,
---- exterior surfaces and as to the window
frames t9he interior surface thereof. All
stN r a
screen windows and doors, whether
interior or exterior? shall be the property
of the owner of the Unit to which they are
a t tva ched or attachable and shall be
inst. iedr maintained, repaired an
e iaed at the sole expense of such Unit
I
wner. 4
4
(c)
I Each- ant excludes
the foundation structural
ins -:11, rders, beams, supports f exterior
building wa� sr 6 that portion the interior
building wallseparating the Units which s not
g
expressly ciud in the units under
%iii) hereof roofs p exterior
window and . 00r frames, driewas wail,
exterior ste (bol front and n .
t �
conduits, duct.-.-, press flues, wires and other
nst al rat ions facilities ites for the furnishing
i
o tit seri;ices or waste removal which are
situated within such Unity but which serve
another Unit*
F
(d)
1
EachUnit in l e-Z the ownership of all t i It
FIALPHR
.�,or tallations � intaine therein which
exclusively serve the Unit# including the
r i t u a t e
WATH ANDOVER.A1AOWS heating and air conditioning apparatus
►�� in and exclusively serving the ]nit.
5 ,
i
{
1
4
P
f
1
4
1�""�"- .y74 '¢Y4.oyp.,u,T"_'._T'x-x_•v-.—'�ti�-;.*'ys.•.`.''` + i .+,�..r�-.... - . •'-•-_....a.. .. •• — -
I
r
Each Unit shall have all appurtenant thereto the
f = - fight and easement to use# in common with other
Units served thereby# all utility sines and
other common facilities which serve{ it, but
5 -
_. which are located in another Unite
(f) Each Unit shall have as appurtenant thereto the
right to use the Common Areas and Facilities, as
described in paragraph 5 hereof, in common with
the owners of the other Units in the
condominium, except for the Limited Common Areas
i and' Facilities described in paragraph 7 hereof
which are reserved for the exclusive use of the
Unit to which such Limited common Areas and
Facilities appertain.
s. Comm_,Areas adLfacilities,
Except for the Units the entire premises# includin l
without iimitationg' the Land and all parts of the Building
and improvements thereoor shall constitute the Common
Areas and Facilities of the Condominium. Those common
Areas and Facilities specifically include, without
lim tat .o # the followings
r
(a)
The lard described in Exhibit A hereto# together
with the benefit of and subject to all r .ght s p
easements# restrictions and agreements of
record, insofar as the same may be in force and-
applicable;
(b) The foundation, structural columns, girders,
bea se supports, exterior building walls f that
portion of the interior building wall separating
the Units which is not expressly included in the
Units under subparagraph b) (ii) hereof p
exterior window and door frames, dri ewa yst
walks and exterior steps. F
(c) All oo d itsr d ctsp pipes, wires and other
installations or facilities for the furnishing
of utility services or waste removal., including,
a without imtatn waterg sewerageo gas,
4
electricity and telephone services, which are
not located within any Unit or which, although �
located within a Unit serve other Uri it s p whether
alone or common with such Unit. �
(d) general any and all apparatus, equipment and
installations existing for common use.
ATTORNEY AT LAW (e) Such additional Common Areas and Facilities as
0 MAIN STREET may be definedin chapter 183A.
W)R TH ANOOVER,MA 1645
SubJect to, the - exclusive use provisions of paragraph 7
i
a
' '�. 'r"'X1 Y^'•Y-+ +�+o++i.,... .,*+.-.-,.... -ewrw.a,..ev.ax.,a..rs r,r ,•n.h.y. r•:-:`?:J�.*.i:r .i.rl...r .
5
I'
I.
5
hereof,,"- each Unit Ownor may use t common Areas and
racilitles in accordance with their intended purposes �
without being deemed thereby to be hindering o
encroaching n the lawful rights of the Unit owners.
g& Owner. on_ d
._
Filcil.i.
+The percentage ownership ' interest of each Unit in the
Common Areas and Pacilities has been determined upon the
basis of the approximate relation that the fair value of
each Unit on the date of this Master Deed bears to the
then aggregate fair value of the Units&
The owners of each Unit shall be entitled to an undivided
interest in the Common Areas and Facilities in the
following percentages:
UNIT EEECE19TAGE, INTEREST
To Limited- !Commgn Areas and, Facilities-&-
Each Unit shall have as appurtenant t it the exclusive
right to use the following portions of the Common Areas
and Facilities, which are hereby designated Limited Common
Areas and Facilities.
(a) Those portions of the foundationp structural
columns, gi dersy beams, supports, exterior
building walls# roof, exterior window and door
frames and other parts of the Building
• constituting Common Areas and Facilities, which
serve,r surround or proide• support for the Unit
alone;
F The driveway serving the Unit;
(c) The walks and steps leading to the front door o
s
the Un t
(d) The steps leading to the rear door of the Unit
and the Parch adjacent to said Unit; and �
t
a That Portion of the Land which is identified on
the site plan recorded herewith as being for the
exclusive use of the Unit.
The said Limited Common Areas and Facil-ities shal 1,
ATTORNEY ATLA however, be subject to the restrictions set forth ire
ft MAIN STAIET paragraph 8 hereof and to the reserved rights and
NORTH AND ER.MAO easements set forth in paragraph 9 hereof,
z
f
L ,
1
v � r s •F F { ' -F- .. ..' _— . 4 M1 • T_ F 1. - '' # • �ie L+ "'lll
i owner shall have the res or�sibi t+ ..
F
/ the
and reps r
and shall have the right
t ire
.� d common Areas and Facilities appurtenant
Limited
[knit# all as provided in the Condominium Trust.
urom. and Reat on
Be rictions
+ �ondonni is to be used solely for single
residential family
purposesuses strictly incidental thereto,
and shall be subject to the following restrictions:
e
) Nobusiness activities o any nature shall be �
conducted in any Cnit r except for home
professional pursuits without rear visits by
the public* t
d
(b) The architectural. integrity o the r� �
shall be preserved without modification and to
f
that ends without limiting the generality of the
M
foregoing, no balcony, enclosures awninv
screen antenna, sign, banner or otherdevice
and no exterior change p addition structurer
ro 'ection decoration or other feature shall be
erected or placed son or attached to the
u ldin # and no - painting or other decorating r
shall be done on any exterior part or surface of 4
-the Building, unless . the same shall have been
approved by all of the Condominium Trustees*
r
(c) use and maintenance of
Units and Common,
Areas and Facilities (including the Limited
Common Areas and Facilities shall be conducted
in a manner consistent with the comfort and
convenience of the occupants of the other Unit.
No Unit .owner may use or maintain ,his Unit or _ ..r._.
the Limited Common Areas and Facilities
appurtenant thereto in any manner or condition
which will impair the value or interfere here with
the beneficial. • enjoyment of other [ nits and
their appurtenant Limited Common Areas and
Facilities*
(d) No Unit or any part of the Common Areas and
Facilities (including the Limited Common Areas
and Facilities) slab. be used or maintained in a
I with the
� manner contrary to or inconsistent
F
provisions of this Master Deed, the Condominium
ini
k
Trust and theBy-Laws contained in the
Condominium Trust*
Said restrictions shall be for the benef it of each of the
Unit airs and the Condominium rusteess and shall be
LPAYTORNSY A. T"WOYCE enforceable by each Unit owner and also by the Condominium
MAIN STREET Trustees* Also, insofar as permitted by lawl such
NMHA WVER.MA01 0 restrictions shall be perpetual and, to that end, they may be- extended at such time or times and in such manner as
, t
r
r k
+ permitted or required by law for the continued
en oroeabiI ity thereof. No Unit owner shall be liable for
any breach of the provisions of this paragraph, except . ;
such as occured curing his or her ownership of a unit.
19* eS eyed
(a) n the event that there are unsold Units, the
Declarant and its successors and assigns shall
have the sane r fight s, as the Owner of such
unsold Unit # as any other Unit owner. In ;
addition to the foreggingp the Declarant
reserves to itself and its successors and F
assigns the right for so long as it owns such an
unsold Unit to:
(i) lease and license the use of any unsold
Unit; 4
(ii) use any Unit owned by the Declarant as a
model for display for purposes of sale or
leasing of condiminium units; and
(iii) perform any work and transact any other
business on the Condominium property to
complete the development .• thereof and to
facilitate the ' marketing of any unsold
Unit.
ti
(b) The Condominium Trustees, acting together, shall'
have the right of access to each Unit and the
Limited Common Areas and Facilities appurtenant
thereto:
(i) to inspect, maintain, , repair or replace the
Common Areas and Facilities' contained
' therein or elsewhere in the Building
(ii) to exercise any other rights or satisfy any.
other obligations they may have as
Trustees.
i0. The-Unit Qwn-ers!.. Dugan
The organization through which the Unit Owners will manage �
and regulate the Condominium established hereby is the
1
(hereinabove and hereinafter referred to as the
"CondominiumTrust" under a Declaration o Trust even
t; date t e recorded herewith. Each Unit Owner shall have
are interest in the Condominium Trust n proportion r ortion t the '
r 4 percentage* o undivided interest i the Common Areas and
RALPHR.JANE Y AT LAW Facilities , to which his Unit is entitled hereunder. The
ftMAIN STREILT name and address of the original and present 'trustee as o
WMTHANDO E A.MA OMS the date hereof of the Condominium Trust here .na ove an
hereinafter ,the *Condominium Trustee " is as follows:
�."' °Aiv—,.v..—.S. _.. _k ... .t.cirtiv + '+ ., ; .1.7..J _ .+. a.� ..raw « - + • -- —. ... ,r—- _.. .. . .. ..... . .,. .- . —-.
Fr
Je
,The Condominium "r stee has enacted By-wLawsf as provided
for in the Condominium Trust, pursuant to and in
accordance with the provisions of Chapter 183A.
11. Easement ...Joir Engrgachment-ft.
If any portion of the Common Areas and Facilities now
encroach upon any U it# or if any Unit now encroaches upon.
any other Unit or- upon any portion of the common Areas and F #�
Facilities, or if any such encroachment shall occur �.
hereafter as a result o settling of the Building# or
(b) alteration or repair to the Common Areas and
Facilities made by or with the consent of the Condominium
Trustees, or o as a result of repair or restoration o
the Building or any [knit after damage by fire or other
casualty# car. - as a result of condemnation or eminent
domain proddedingst a valid easement shall exist for such
encroachment and for the maintenance of the same so long
as the uidig stares.
120 Un i t iL.. Deed U-n-it. Deed and Condominium
Trust
All present and future owners, tenants', visitors, servants
and occupants of Units shall be subject to, and shall
comply with, the- provisions of this Master Deed, the ]nit
Deed, the - Condominium Trust and the y-Pas s they may
be amended from time to time f and the items affecting
title to the Land as set forth in Exhibit A. The
acceptance of s deed or conveyance of a Unit or the
entering. to- o cupany of any Unit shad.l constitute are
agreement that the provisions of this Master Deed, the
Unit Deeds the Condomin .um Trust and theBy-Laws, as they
may be am'
from time to timer and the said items
affecting title t the- Land, are accepted and ratified by
such owner, tenant, visitor, servant or occupant; and all
of such provisions shall be deemed and taken to be
covenants -running with the lard and shall bird any person
having at any time any interest or estate in such Unit, a
though such provisions. were recited and stipulated at �
length in each aid every deed or conveyance or lease
thereof.
'1
r '
i
136 Amendment t e r �
This Master Deed may be amended by an instrument in
}r
writing a signed by all of the Unit Owners, and caul �
RALPHR.JOYCE 1 recorded with Registry of
ATTORNEY AT LAh! Deedst ProVidedr that:
96 MAIN STREET
NORTH T oONER.MA OWS + No instrument of amendment which alters the
dimensions ons of any Unit or alters the percentage
i � 5
F #+ 4 _the undividedWait-
- e titled.. is the Common Areasand Facilities
shall be of any force or effect unless the sane
has been assented to by the mortgagees of record
of the Units af f ected; and --
(H) No amendment to this Masted who would
render it contrary to or inconsistent with any
i
s
requirements or provisions of Chapter 183A shall
be of any force and e f f ect.
{
14s Dmiraigns fQr the- Putection,. of rt'c'rag.e.S_,_
Notwithstanding anything in this Master Deed or in the
•'
condominium Trust and By-Laws to the contrarye the
following provisions shall apply for the protection of the
holders of the first mortgages (hereinafter "First
Mortgagees") of record with respect to the Units and shall
be enforceable by any First Mortgagee:
(a) In the event that the Unit owners shall amend
this Master Deed or the condominium Trust t
include therein any right of first refusal in
connection with the sale of a Unito such right
of first refusal shall not impair the rights of
a First Mortgagee to i
(i) foreclosu re or taste title to a Unit
pursuant to the remedies provided in tis
mortgage; or
(ii) accept ' a deed (or assignment) in lieu o
foreclosure in the event of def ault by a
mortgagor or r
(iii) sell or lease a Unit acquired by the first
Mortgagee through the procedures described
in subparagraphs (i) and (H) above.
(b) Any party who takes title to a Unit through
foreclosure sale duly conducted by a First
Mortgagee shall be exempt from any such right of
first refusal adopted by the Unit owners and
incorporated in this Master Deed or the
1 Condominium 'ruste
{r
(c) first Mortgagee who obtains title to a Unit �
by foreclosure or pursuant to any other remedies
p
o Wed n its mortgage or bar law shall not be
1
liable for such Unit' s unpaid common expenses or
;_ dues which accrued prior to the acquisition of
,title to such Unit by such First Mortgagee.
AT70RNEY AT LAW
MAIN 3TREET (d) The Unit owners and Trustees shall not be
ANOME14.MA entitled to take the following actions unless
the Pirst Mortgagees with respect to all of the.
r
.'Lit �_,.-iw#'._ i.3�i+at4.,.�a + t :, .�..44- .� td......`_4 • ,'.N'+a k''- '.w4�ar�-;+•+A't • MM-
4
k k
.: Units have qLven -their' prior written consent
(J) r ' by any act or omission seek to abandon or
terminate the Condominium# except in the
_ - event - of substantial destruction of the
'# condominium by fire or other casualty or in
the case of a taking by condemnation or
eminent domain.; or
(ii) change the ro�rata i'nterst or obligations
of any individual Unit for the purpose of .
(a) ievyig assessments or charges or
{ al JoCating distributions of hazard i ►
insurance proceeds or condemnation awasp
or determining the pro-rat a share of
ownership of each Unit in the Common Areas
and Facilities; or
(iii) partition or subdivide any Unit; Or
(iv) any act or omission seek to abandon,
artitiont subdivide, encumber, sell or
transfer the Common Areas and Facilities,
provided that the granting, of easements for
public utilities or for other public
purposes consistent with the intended use
of the CommonAreas and Facilities shall
not be deemed an action for which r io r
consent of the First Mortgagees shall be
required pursuant to this clause; or
(v) use hazard insurance proceeds on account of
losses to the Units of the Common Areas and
i Facilities for other than ehe repair*
replacement or reconstruction thereof f
except as otherwise provided in Sect Lori . .
(E) of the Condominium Trust which contains.
provisions dealing with substantial losses
in conformity with the requirements of
Section 17 of Chapter iA.
(e) Consistent with the provisions of Chapter 13 ,
all taxest assessments and charges which may
become liens 'prior to a first mortgage under the �
laws of the Commonwealth onwealth of Massachusetts shall �
relate only to the individual Units and not to
the Condominium as a whole,
(f) n no 'evert shall and rovisi10 n of this Master
F .deed or the Condominium Trust give a Unit Owner �
ATTORNEY AT L r any other party priority over any rights of a
"MAIN 57REET First Mortgagee pursuant to its .mortgage in the
NCMYH A DOVIkM OISO case of a distributionto such Unit owner o
i s u rant proceeds or condemnation awards for
k
1
■ . 4 i
€ti ]Losses to or. a taking of such Unit and/or the F
*2 Coffin Areas and facilities.
:F
(g) A
)r�
First Mortgagee# upon request rude to the
Trustees of the Condominium Trust* shall be
entitle too
written notification from the Trustees of
the Condominium TrUBt of any default by its
borrower who is an owner of a Unit with
respect to any obligation of such borrower
under this Master Deed, or the provisions of
the Condominium Trust which is not cured
it in s days .,
r
inspect the books and records of the
Condominium Trust at all reasonable time;
(iii) receive are audited annual financial
statement of the Condominium Trust within
ninety 9 days following the end -of any
fiscal year of the Condominium Trust;
(iv) receive written notice of all meetings of
the Condominium Trust, and be permitted to -.
designate a representative to attend all
such meeting and
(v) receive prompt written notification from .
the - Trustees of the Condominium Trust o
any damage by fire or other casualty to the
Unit upon which the First Mortgagee holds a
first mortgage or any proposed taking by
condemnation or eminent domain of said [knit
or the Common Areas and Facilitiest -
i
(h)
10 agreement for professional management t of the
condominium or' any other contract with the,
• Declarant may exceed a term of three yersp
and any such agreement shall provide for
termination by either party without payment of a
termination fee on thirty 3 days or less
written not .ce,
}
The Declarant intends that the provisions of this
paragraph 14 shall' comply with the requirements of the
Federal Home Loan Mortgage Corporation with respect to
condominium mortgage loans, and all questions with respect
thereto shall be resolved in a manner consistent with that
1P intention,
RALPHR.JOYCE The provisions of this paragraph 14 maynot be amended or
AYT ANEY AT LAW
MAIN STREET rescinded without the written consent of all First
NCWTH ANDOVER MA OMM Mortgagees# which consent shall appear on the instrument
Of amendment as such instrument is duly recorded with the
1
i
i
4
1 '
e {
Y
ZB8eX NortbDistrict Registry of Deeds In accordance with
{ t .rereents of paragraph 13 hereof.
{ IS abili
The invalidity or unenforceablifty of any provision o
+ this Master " Deed shall not be deemed to impair or affect ..
in any manner the validityr enforceability or effect o
the reaer of this Master Deed a # in such event# all
of the other provisions of this Master Deed shall continue
n full force and effect as if such Invalid provision had
never been included herein.
1
No provison contained in this Masted Deed shall be deemed
to have been abrogated or waived by reason of any failure
to enforce the same, irrespective of the number of
violations or breaches which may occur.
17,o '2t i Q nZ.A.
The captions herein are inserted only as a metter o
convenience- and for refe rence f and in no way define, limit
or describe the scope of this Master Deed nor the intent
of any provision hereof.
4
18. altbL of
The Master Deed is set forth to comply with the
requirements of Chapter 183A, and � said Chapter shall
control as to all matters contained therein but not
specifically set. forth in this Master Deed. In case any o
the provisions stated above conflict with the provisions
of Chapter 183A# the provisons of said Chapter shall
control,
WITNESS the execution hereof under seal this clay of
19
r ►
BYt
r ,
r#
- a
+
COMMONWEALTH of MASSACHUSETTS
4
SS
i
4
RALPHR.JOYCE
ATIOANEY AT LAW r
95 MAIN STREET Then personally appeared the s ove�na ed
l i N ANDOVER.MA 01 S
' r stee# as aforesaid# and acknowledged the foregoing
r
F
4
4
i
i
t :�. ...r���k". ..._ _. .c+..:;a�k��4 .c•r•+a+.x...�w. .+ .�+r• t r.tea•..r,...--.s..� ;�-r--R-x.-�-:�..-,w.�. , .rr�F
{
4e,.
a'
instrument to be his free act and deed# before mep
f. +
t� s
} _ a
} Notary Public
My commission expiress
r
a
y
F
t
i
L
Y
4
i
+
AYTOANEV AT i AW
96 MAIN ST RE ET
NORTH ANDOV R.MA 01945
a
�i.�}}. � r't v.- ..•. �� .•..,,r4 w. aaA.�s,..�hr ary..i�.f i...r r.�. +Adb`�f.*.; .,ar+� .I s�� tw�.�Y.a-. .+ . . -`;-*.+��•.+t��.��.�-•Y ��� —,.--,�.� .,t.. -�yF
It
instrument to be bisfree act and deedf before me#
t
fJ �
I
Notary Public
t
commission expires
- i
i
1
Y T
Y
f y
i
Y
: 1
ATTORNEY AT i.kW
MAIN STRIEET
NORTH AN DOVE R.MA 01645
45171 S -45"
ate. ,' ',• F '. ., TRUSS
3 +
This
Declaration Trust made this day o
169 by
hereinafder called . the '"'trustee v which term shall include
successors and assigns as Trustees hereunder and any Trustee o
Trustees for the time being hereunder) howsoever appointed.
ARTICLE
Na ip nf TrUaf
The Trust hereby created shall be known as
(hereinafter the "Trust").
ARTICLE It
The T a t �,
ae _tigal, _'Gerue Ir -ral. -
All of the rights in and to the
common areas and facilities (the "Common Areas andFacilities")
of the the "Co adorn i n m"
es abl Bhed by a faster Deed .(the "Master Deed") , of even date
and recorded herewith, which are under the provisions of
Massachusetts Genera. Laws Chapter 18A, as amended, " Chapter
18A" -exercisable by the organization ,of unit owners of the
Condominium and all property# real and personal, tangible and
intangible, conveyed to or held by the Trustees hereunder shall
vest in the Trustees► in trust to exercise, manage, administer
and dispose - f - the same (a) for the benefit of the owners of
record from time to time (the 'Unit Owners" or " wnprs*) of the
units (the "Units") of the Condominium according to the
allocation of undivided beneficial, interest in the Common Areas
and Facilities set forth in Article IV hereof, and in
accordance with the provisions of Chapter 1A. h . 'rust is
the organization of Unit owners established pursuant to the
} g u ose s
provisions of Section l of Chapter far the p p
4 therein set forth*
Spp.t.ion- 2.2., TruSt, It is here
-XQt Partmershi Crea-tQdc
i expressly declared that a trust and not a partnership has
t
�.,been r
c eater and that the Unit owners are Cest is e tr stent
;,and t partners or associates between themselves with respect
F 1,1 to the trust property.
' ARTICLE III c
I. AT€ AY At LAW
k MAIN STMET
rat H ANDOW K MA 0 114 "
Pi section.. ..... Untilthe
7
' ./.1+ •�. .•s. . _.. . - •,r., ,,.—�.r+a. . ,.-t.r . . , .. +t
*'*`..,�.�w�f, �� �-,�.� 1 -iruar+c'. -.t
k
Declarant
shall all Unite the Con
om n umn there al
ointe by the Declarant
onl one Trustee who shall be a
the Declarants there shah at
After the sale of all Units by
'
oor� istir� f ether ;.
a times be a Board of Trustees �...
I .Trustee f same owner owns a [fin t s Trustees i
different owners own the Una
t the event that the Board
'- trustee Unit n the r� sham
shall consist s other than .
entitled t appoint one Trusteed Each Trustee# o
be those appointed by the Declarants sham be ether a Unit owner
the ant owner's fi .ye f there s b only
of a member o one Trustee because all Units are owned by the sane ownerr the
provisions f this Trust which contemplate multiple Trustees �
provi shah be
multiple sets of Unit owners (one for each Unit
� and inapplicable for so Iona as all Units continue toe held
common ownership. _
Sect ion 1.2 a Mannpr ent-.- o act a -
r ustee$
Unit t owner shall give written notice of the
appointment to the Unit owner o the other Units in the
Condon�in
• urnf and suchappointment shall be effective upon the
giving of such notice.
Sectign.... 3.3. ftzion&tton and ]Remo-vaid& Any trustee may
r
resign y written notice to the owner of the ant for which he
was appointed rovi ec that such resignation shall not be
� effective
until written notice of it is given to the owner of
her Units. Any Trustee may be removed, with r without
the of y�
y
causes
b the Owner appointing him, provided that such re� val
� shall not be effective until written notice of it is given to
the
Owner of the other Units. Notwithstanding the foregoingr no
appointed b the Declarant, a provided in Section .
�'urstee alp �. y F
her
rof may be removed by any person other than theDeclarant.
SA gf !jnjt.L t the ...
_tomatic ReMgval UPQ
Trustee appointedy
b Unit owner skull be automatically
removed from office upon the conveyance by such Unit owner of
title to his Unit to another partyr and such new Unit owner.
Shall promptly appoint a new Trustee for his Unit in the canner
provided in Section 3.2 above.
f a Unit
!Owner shall fail to appoint successor Trustee to replace one
F s resigned, died or otherwise is unable to server or if
{who h g.
new
Unit owner shall fail to appoint a new Trustee to replace
one ay
atidall removed from office pursuant to Section
hereof, the remaining ing 'trustees, after giving the Unit owner ten
(10) s' advanced not foe f his 'Intention on to 3o so, shall
ay
, select a the second Trustee any one of the [knit owner of the
[knit for which such Trustee is to a appointed. The 'trustee ,
eict hal
then serve as Trustee, unies and nt the nit
�:Owner o the unit for which a is appointed removes him and
RALPMRAOYCEATTORNIEVA1 LAW appoints successor Trustee pursuant to Section . ereo .
v MAIN STREET
NORTH ANDOVE A,MA W PS 3A of. r. N s t r u a nt
VS I?I WS-41555 Dta-t-grmination. -
appointing or removing a Trustee and no resignation of a
.....:......... ....:..is
x.ek e,.k' - J . y F ., .+�f.r�t#=rry.x•L'—`m'9w-,r 1..-. v.
f
DiStirict
recorded t the a effe tiVte
Trustee need u l io off ice to
Deeds o any other olusive y rely p n k
� egist t the trustees may ion
person can under oath that they
n Signed persona w state
certificates e the Condominium, --- - �
�. � of the [ant
the one rs f Uch certificate may be
are the then Trustees, and ar�� s
who are of ees and otherreco ,
�� the District registry c
re son relying
appropriate publicoffices* to who are the
sent �
fixate need make but instead
pert in Condominium,
hers record of knits statement of the
ow entitled to rely upon the sworn
shall he
person
si nir the certificate. r .
All ecis .o�ns made
r� the ruses muActim
st �
he t unanimous oonsente
a cry taken � dispute the ruses an /or
the event of a lisp n
provided that tte r to binding settlement
owners may refer the mat
IUnit Article l hereof. o action
the provisions ons of Artie
000raoe the exception thatt (a)
one one trustee� f
may a taken the card s t consist
seat scto� a reo thepowers �
� p a eye rc�. a all of
one Trustee, such Trust rust one
only the 'trustees under this a authority granted to hereof to appoint aursant to Sec
Trustee may act Section
which such 'trustee is to
should the owner the n refer
Trustee so and any one- Trustee may
represent fail t accordance it said
p binding settlement in
' accordance
issues
Article VIIO - ,
r
No Trustee named or
as ereinefoe pro�re
whether as original Trustee
appointedtote for ar�ote other, shall e
r successor to or as substitute o the
or surety seur y
an bond or y
obligated
t gig hereunder.
performance
of anyf his duties
- No Trustee shall e
CQ R tion
+ to be compensated for
is services as c , although
entitled t].
event riuse a
the trustees may be aye trustee for expenses
hereunder.
incur red, by in
connectionwith his duties
#f No Trustee shall
L b-LU
i
1 an rr�t one sib liable r or
} an circumstances or y action
under � 1 assets reason of
any F + accountable out of s *p soya o r al low n one
omitted in good faith,, o r
; t suffered or ire s ss io o the trust
} the other 'fir u to s t o o
or more of liable r accountable s
F o r s
.. ti books or property# stakes of f act or law or �
u anent �r
honest errors of personal and iireason ul
o anything except his r�
Imalfeasance and defaults.
o
S!e gtioi�
a Hsu y
his
o Trustee or oiegr �tiy or indirectly with
tk the Trustees
A P A.J contracting o dea in
shall any such dealing,
n
ATIORNEY AT LAW t one or more unit Ownersr nor
AI STREW Or with nto n respect of i s frost
,� arrangement entered
� �► �o�+��, �o oOwner shall why
in e, s- an Trustee o Unit
�',^ �k�1,5+'$SFY N...✓}.5.'4<: �.I.y+l:}'`:4s:'r.1,'JaY::
t
xyr
+ Interested be avoided not shall any Trustoe or [knit Owner so �
dealing -or contracting or being so interested be lia l t '
account for any profit realized y am such dealing, contract
arrangement b reason of such 'trustee'a holdingoffice r o
the fiduciary relation hereby establis' e o or by reason of such
Unit Owner s sta'tuse provided the trustee or Unit Owner shall .
+y
act in good faith and shall disclose the mature of his interest
before the dealing, contract or arrangement is entered into,
t
Section... - 3,1295 Tademnifleation nf Trus.teen., The Trustees t
shall be entitled to indemnify all out of the trust property
and in the execution of their duties hereunder, including
without limiting the generality of the foregoing, liabilities
and fines.
ARTICLE lv
Banef iclarles- and the BengfigigL1 int!ejest -in, the Trust
Segtion tals The Ben-ef lalarl-ez,
1�
The beneficiaries
shall be the Unit Owners of the Condominium. The beneficial
interest in the Trust hereunder shall be divided among the Unit
Owners in the following percentages +
UNI _E OF BENEFICIAL _ S .
r
Segtion 4.2a ExerCjsC. ..of.....Benef..jcia1 Tnterest,,
The bene-
ficial interest appertaining to each Unit shall be held and
exercised as a unit and shall not be divided among several
owners of any such Unit. To that end p whenever any of the Units
is owned of -record by more than one person, the several owners
f such Unit shall a determine and designate which one of-
such owners shall be authorized and entitled to cast votes,.
execute ' instruments and otherwise exercise the rights
appertaining to such Unit hereunder and notify the Trustees
f such designation by a notice in writing signed by all of the-
record owners of such Unit* Any such designation shall take
effect upon receipt by the Trustees and may be charged at any
time and from time to time by notice s aforesaid, n the
absence of any such notice of des*gnat ion, the 'rustees may
'F designate any one such owner for such purposes.
'
ARTICLE v
The provisions of Article v shall l
the By
RALPHR.JOYCE saws the * -"Laws f this Trust and the organization of
ATTORNEY AT LAW [knit Owners extablished hereby.
96 MAIN STAMET
W>RT14 AN DOVE FL MA 0 1845- � �����ara of Trustaeu The Trustees shall
have the power necessary for the administration of the affairs
f f
. i
o all such acts and thLngs in
the Cooil &rid may
�
connection tereLthr exceptby law o y the Master Deed of '
M1. not
t the Trustees. The power i
these y as ► � t 1 . sae
ties o the Trustees ► include#
Ali �
l m ted tot the foblowing
(a) erto ,
care keepare management o the common
cil .ties o the CondomLnLu1 or any part
Areas and ,.
thereofs
(b) Conducting tLg
t ios as t a t t e r LnvolvLng the
common Areas and aoHites
(c) Determination and budgeting of the common expenses
required for the affairs of the Con
(d) Collection
of the common expenses from theUnLt N
Owners;
(e) � �
to ent and dismissal o the personnel necessary
management o the �
for the operation, care, upkeep and g
Common
Areas and Facilitiese including without
iLmftation
the employment of a manager or managing
agent;
(f) d ti i it bark accounts n behalfo the
opening a g
Trust and designatL g the signatories required
therefor;
(g) obtainLng o
Lns ran a pursuant to the provisions o
theseBy-Laws;
Making o re a rs, additions and improvements to or
� h) � g ties and .
ateaton o the Common Areas and Face
repairs to and restoration o the Condominium
making si.on o
property* n accordance with the other
o�t
these By-Laws, after damage o destruction k fire or
other �
casalt r as a result o condemnation o .
eminent domain rooeeings
os and r , o or r ors s i ng r
(L) gat g ,
tin all obligations incurred and rights
adjusting ,
acquired in the administration of the rust
• deice of counsel and relying thereon, and
obtaining{
such other
} employing, appointing and remo
persons� g g
a ents# managers, officers, brokers,
.
t}
employees, servants and
engeers� architect sir
��r i saki a and defining
i assistants as they shall deems �
respective duties and pay compensation;
their Provided, however, no Trustee steal be field
RALPHR.JOYCE personally iaie for
{} the act or default o any such
ATTORNEY AT LAW person; and
i
MAIN STREET
NOAYH ANDOYEA.MA 0144
(k)s Adoptingam . istrative rules and regulations
,
f
governing t detail$
()ftheoperation and x
. . Common Areas and Facilities*
i nt ,jar italm- The Unit
of 11n
Begtion 5.02M en
Owners shall responsible
for the proper maintenance and $
their respective Units* - - �
repair of I M
A
r..of COMMn a r
RgctiQn. 5.'3,.-.,Maintenang9.=d R2
The r eof.-.- subject
ion and Allsessment Of
to the provisions o
Section . e reo with respect to the
Limited Common Areas
ar aci al
itiesp the Trustees beor the proper r maintenance and repair ;
responsible for arranging �
of
the
Common Areas and Facilities. The Trustees may approve
for such work and the expenses o such ,
payment o vouchers4 .
the Unit and repair shall a assessed to .t owners a
maintenance rovie ,
common
expenses as provided in Section . ere
ance or repair work in a given instance is
owever� rote �'ted the negligence or misuse o unit owea r the
{
necessitated air work shall �
expense assocsate with such maintenance rep
e as
Besse to such knit
Owner alone.
Section Maintenameg Rey>&Jr.- --and Improvement nf
LiM1*t9d---- C!QMMon Az:eas and.FaCilitieSs.
A. each Unit Owner sh
all be responsible, at his own
expense
formaintaining and repairing the Limited Common Areas
appurtenant o his unit, so a to keep them in
and facilities quit
good
order and condition at all t me s in the event
er orm such maintenance work or
Owner fails to make such
repairs
to his Limited common Areas and Facilities after thirty
i tten notice o the need for the same is given to
him(30) dais r notice from
the r st est or immediately upon written .
� us
the Trustees n case o emergecyp the Trustees may enter and
perform
such maintenance work or make such repairs,, the expense
aid said Unit owner. Any expense to e
o is shall p � able
paid
by the (ie r pursuant to this Section 5.4 shali be pad
to the Trustees on demand as a common expense e
i stani the foregoing provisions o this
Notwithstanding ,
to., the cntra p i repair or restoration o a Unit s
Section � damage
Limited Common Areas and Facilities is made necessary r
or destruction ruct iunderon resulting from ire or , other casualty r
'Itakingthe powers o neat mathe provisions o
.,Section . hereof shall control and the repair and restoration
�'word had heperformedin accordance with the teas thereof.
: S k 'e t
ied b the prov' on the o such restrictions and limit t o s as are
�}; . �cluding, without limitation, rut and the Master deed,
Pthose set forth i Paragraph
of the Master Deedt each Unit owner shall have the right to
'- improve the Limited common Areas and Facilities appurtenant t
A,JO E - lace and install personal property and
� � his Unfixturesit and t p
TIo YAT" thereon and therein* l uc 1 m rovem is personal
and fixtures shall remain the property o unit owner i
rWH A DOVIA.MA01 property o "ed such
"ISM-14"s who makes and instal is theme and they may a rep
I
t owners successor irtlr t any tin and from 4�
'x time to time provided that he promptly repairs and damage +
caused thereby. Prnfita and Funds..
5 Common Expe see -
,
'
A The Unit -owners shall be liable for common expenses and
entitled to common profits of the Condominium in proportion to
their respective percentages of beneficial interest as set
forth in Article IV hereof.
At least thirty days prior to the commencement of
each fiscal year of this 'gusty the Trustees shall estimate the
common expenses expected to be incurred during such fiscal
ear# together with a reasonable provision for contingencies
and reserves, and after taking into account any undistributed
common profits from prior years, shall determine the assessment
r
to be made for such fiscal year. The Trustees shall promptly
gender statements to the Unit owners for their respective
4
shares of such assessment, according to their percentages of
beneficial interest in the Common Areas and Facilitiest and the F
amount shown on such statement shall, unless otherwise provided �
thereing be due and payable within thirty days after the
same is rendered. In the event an annual assessment is not make
as above required, an assessment shall be presumed to have been
made in the amount of the previous year' s assessment. In the
event that the Trustees shall determine at any time during any
fiscal year that the assessment so made is less that the common
expense actually incurred or in the reasonable opinion of the
Trustees liy to be incurred, the Trustees may rake one or +
more supplemental assessments and render statements to the Unit -
Owners for such assessments in the same manner as is done for
annual assessments* The Trustees shall insofar as is fea s i.ble,
provide for payments of statements in monthly substantially
equal, installments. The amount of each such statement,
together with interest on that amount, if not paid when due, at ;
the rate of .twelve 12 percent per annum, shall constitute a
lien on the Unit of the Unit owner assessed as provided in
section 6 of Massachusetts General Laws, chapter lA.
C. No Unit owner shall be liable for the payment of any
part of the common expenses assessed against his Unit
o the time a transfers record title to his Unit.
,,, subsequent
thereby
Each new Unit Owner, by taking title to his Unit p shall th � y
assure and become personally liable for the payment of all
{ unpaid common expenses assessed against such Unit prior to his
... acquisition by him, except that any purchaser at a foreclosure �
,, sale of the first mortgage or transferee by deed in lieu of �
such foreclosure, r any purchaser fromthe first mortgagee f
1� a Unit should the First mortgagee purchase t the said
AOYCE ,; foreclosures sale or. acquire title such a deed in lieu of
A 14E AT LAW �� foreclosure, shall not be laib .e for the payment of assessments
A MAIN STREET unpaid and dUe as of the time of his acquisitiong but he shall
NCWTHA N DOV ER,M A 0 1846 be liable for assessments becoming dine thereafter. t
a
�a
}
Oyu h+"YKMrl hL.Y4 filr.:v'wL fL'.� F,...i i.+4 •.'{ . -.. •'__ t-.+r.. _+r.r'.w.- _ • _i 1 K yFrr. r r w�f
# 4 i
Do In the event of default by any Unit C*ner in paying to
the Trustees the common expenses charged against his Unit# such
'nit owner shall be obligated to pay all expenses, including .
attorneys' fees# incurred in any proceeding brought to collect
such unpaid common, a penses.
. E. The TrOstees shall expend common funds only for such
purposes as are permitted hereby and y the provisions of
Chapter 183AO
Sgat,jon IJA Certif icatg,. th. Respect, to Un-Vaid. MMOn
�o
Unit owner shall conve , mortgagee sell or lease his
Unit unless and until he shall have paid in full to the
Trustees all unpaid coon expenses theretofore assessed by the
Trustees against his Unit# together with the interest due
thereon and any costs of collection associated therewith.
Within ten 1 business days after receiving- an appropriate
'request f rom a Unit ownery a purchaser of a Unit under
written contract of sale therefor or a Unit mortgagee addressed
to the Trustees# the Trustees shall supply a certificate in
recordable -form stating the amount of any unpaid common y
expenses including interest . due thereon and costs of
. collection associated therewith attributable .to the [knit. Upon
recor-ding of such a certificate, the amount of any unpaid
assessment stated therein shall he conclusively established as
of such date in favor of all persons who rely thereon, such
certificate may he recorded at the
District Registry of Deeds and other appropriate public
offices*
Ser.tign 5*7 Rgbuildina, Regtgutioa ..and condemnationA.
n the event of damage to or destruction of the Common
Areas and Facilities of the Condominium as a result of fire or
other casualty unless the - loss to the Common Areas and
Facilities exceeds ten 1 percent of the value of the
ondominlum prior to the casualty and all of the Unit owners do
not agree to proceed with the repair or restoration as
described in paragraph E. of this Section) or in the event of
damage to or destruction of any Unit as a result of f ire or
other casualty, whether or not the Common Areas and Facilities
have been damaged or destroyed (unless said paragraph E of this
Section is app .ica le) # the Trustees shall promptly adjust and
collect the loss, arrange for the prompt repair or restoration
of the damaged areas, and proceeds d disburse the of all �.
4 insurance policies in payment of all costs and expenses
actually incurred in. connection with such repair or restoration
in appropriate progress payments and with appropriate
ALP F�.JOYCE
retainage. F
ATTORNEY AT LAW
•S MAIN TREFET . The Trustees may perform emergency work essential t
WMTHANDO► R MA 0160 the preservation and safety of the Condominium or the safety of
persons# or required to avoid the suspension of any essential
L
7
• 1
r Y
1
f 4
to the ndoi
ism without
having first adjusted the
Bery
ice
lose or obtained proceeds of insuranco
the total. cost o repair or
c�, the event that �.
� � o has . o independent .._. .�.
restoration s estimated i avar o
determined during the course orpa
appralsal� ie insurance ;.
res
toratio exceeds the total sum
Trustees
shall allocate the available
proceeds, then the r
Common Areas and aci .ities andUnits
rceeds to �
(or Unit) in proportion to the estimated cost of repairing or
shall assess levy or charge al Uri
restoring ao . an a a .r o
a common ex ense# the amount estimated to p �
wners� as ecesa the
t
the Common Areas and ci l i�t ies {
restore � .
insurance proceeds available therefor and shall assess, levy or
of a Unit in whic a loss has occurred for
charge tie nwe (s) .
o repair or restore said Unit or Units in
the amount estimated i .
excess o
the insurance proceeds available therefors
Do if fall have been repair or restoration pursuant
there s the amount
e foregoing of this Section . an
to of insurance proceeds shall have exceeded the cost of such
repair or r
estoration# then the excess o such insurance
e divided into separate shares for the Trust
proceeds sly ion the
the Unit owners o the damaged Units# in proportion f the damaged
respective costs of repair r or restoration
rep and Facilities and of each damaged
portions of the common Areas each
• then a aid over o the Trustees and/or
Unity t� and shall l p
a
such Unit owner entitled to -.a sharev
loss t the Common Areas andFacilities due to a
a toof
exceeds ten (10%) percent of the value
casualty the
Condominium immediately prior to such loss and if within one
hundred twenty
(120) days after the date of such loss, the
Owners of both of the Units do not agree to proceed with repair
or restoration,
each unit Owner' s proportionate share of the
• with respect to the Common Areas and
nsrar�ce proceeds
ties together with the portion of the insurance proceeds,
aoili allocated to his Unit as a result of aloes to such knit due to
'
the casualty shall, t the extent permitted law, a paid
der of the first mortgage on such Unite if ar
up first to the of a t rein
not n excess oft the amounts remaining du r
toy u and thereafter to the Unit owner and the Con o ► i shall be
1'subj et t partition and the net proceeds of apartition sale
It coon funds of the Trust (adjusted for insurance
4togeter with
proceeds paid
or payable t mortgagees as aforesaid shall e
divided all as r �
provided law, distribution thereof to be ma�d4
�
: a holders o the first mortgages o nitst if ayr
; rst to t
iand
} extent of the amounts remaining i n rig due thereon,
- the
thereafter to the Unit owners*
k rt event o a taking of all or panto the
5RALPH JOYCF- P., In der the powers of eminent domain# the provisions
ARY t LAW Condon u
if
0b1�1AINSTREEI of Paragraphs A through o this Section 5•7 shall apply as
: NOt14A MA01 casualty t doss, with the proceeds o the
� s the taking were
taking award being treated in the same manner as would the
a
t
4
J k
♦ J t
merit Provided, however
x. proceedsa r settle rf the
r: . talon award ec is �. .y allocates car a n sage being `
attributable to the Common Areas and Facilities and/or {
articular Unitor such allocations shall be used in allocating
the proceeds pursuant to the provisions of said Paragraphs
F
through E.
Sect J Qn-.-5 8 im-DrQmgmentg to CommorL.....Areas and Facilitie-MA.
_ -
r
i
i
i
3
f and whenever the Trustees shall propose to make any t
improvement to the
Compton Areas and Facilities, they shall,
obtain the written consent of Unit Owners to such proposed
rove rent p rior to co mencin any w r w respect thereto
and the cost of such improvement shall a assessed as a common ,
�
expense. evert a improvement
may a jade and the cosh
thereof assessed to only one Unit Owner if all Unit Owners
assent to tLe proposed improvement in writing, with one Unit
Owner then agreeing in writing to pay all the costs associated
with such improvement.
Section 5.92- .., Insu"ncg...
A. The 'trustees shall obtain and maintain, to the extent F.
k�
obtainable, : a master policy of insurance providing fire and
extended conve a a insurance insuring the Condominiumf
including, without limitation the Common Areas and Facilitiest
all of the Units with all fixtures, additions, alterations and
k
improvements hereof, but not including any furniture,
furnishings# household and personal property belonging to and
owned by individual Unit owners, in an amount at least equal to
the full replacement value thereof as determined by the
Trustees not less frequently than on the renewal date of the
policy) # without deduction for depreciatione In determining {
full replacement value, the Trustees may reasonably rely upon
the advice of the insurer or , their ,insurance agent* such
insurance shall name the Trustees as insurance Trustees for the
benefit of all [knit Owners and their mortgagees, with lose
payable to and adjusted by the Trustees as Insurance Trustees
in accordance with the provisions of these yaws.
B. Policies for such casualty insurance shall provide i
that the insurance company waive any right of subrogation
against the Trustees and heir agents and employees and the
i nit Owners and their respective employees, agents, tenants and
liguests; ( ii that the insurance shall not be prejudiced by any
t] act r neglect of any Unit Owners o occupants of a Unit or any
:, other person r firm (including employees and agents of the �
i Trustees) when such act or neglect is not within the control o
I the Trustees or unit Owners collectively) ( iii) that such
11 policies may not be cancelled or substantially modified without
at least twenty 2 days' prior written -notice to all. Unit
# LPN A.JOYCE Ownrs and mortgagees of Units to whom certificates of insurance
ATTORNEY AT LAW have been issued; (iv) that recovery thereunder shall not be
40AT H N DOWE A.MAot6ft affected on account of the availability of proceeds under any s
policies obtained by individual Unit Owners covering their own
y i
F f
nits and v) if availablet that the company shall waive any
right it may have under the poi icy to repair or restore damage TO
should the Unit Owners elect to terminate the Condomin .
because of such damage.
C. The Trustees shall also obtain and maintain, to the
extent obtainable public liability insurance such
limits as the Trusteea mayl from time to tune, determine but i
no case less than a single limit of $3000000.00 for injury or }
death to one person and for injury or death to more than one
person in the same accident and a limit of $50,000.00 for ,
damage to property, covering the Trustees and each Unit Owner �
with respect . to liability arising ou 1.
r of ownership# maintenance
r repair of the Common Areas and Facilities including the �
Limited Common Areas and Facilities) , such insurance to provide
cross liability coverage with respect to liability claims of
any one insured thereunder against any other insured
thereunder; and i such other insurance as the 'trustees may
from time to time deem to be desirable or appropriate,
including# without limitation, fiduciary liability insurance �
and workmen's compensation insurance.
D. The Unit Owners shall carry insurance for their own
benefit . insuring their carpeting or other floor coveringf wall
coverings, furniture; furnishings and other' property located {
within heir respective Units, provided that all such policies {.
sail contain waivers of subrogation, and further provided that Eye
the liability of the carriers issuing insurance obtained by the R4
Trustees shall not be affected or diminished by reason of any
such additional insurance carried by any Unit Owner*
Ee Each Unit owner shall have the duty to report
ipanediately to the Trustees any im roveme is made to his Unit
in excess of One Thouand $1, Dollars, , so that the .i
Trustees may increase as necessary the amount of insurance
coverage required by these y-Laws, and the Unit Owner making ,
the improvement shall pay the cost of the additional insurance
coverag if any# resulting therefrom.
Sectiom 5.,1.0
fie e t i n 9 a
�F
f,
i
,6 Unit wn _r ....., There shall be an annual meeting of Unit .
Owners on the first fond of uneir 'at
y .m. at the
Condominium. Special meetings (including a meeting in lieu of a k .
4
passed annual meeting) of the Unit Owners may be called at any
time by any Trustee and shall, be called by a Trustee upon the
y written request of the owner of any Unit, rr.'tten notice of any
{il such special meeting designating the place, day and hour
thereof shall be given by the person calling the meeting to all
Trustees and the owners of all Units at least seven days
RALPH A.J E � prior to the ''date so designated. At the annual meeting of the
ATTORNEY AlLAW Unit Owners the Trustees shall submit reports of the management
MAIN STREET and finances f the Condominium. Wbeneve r at any meeting the �
NORTH ANOOV .MA 0 14645Trutees proposeto submit to the Unit Onners any utter with
respect to which approval of or action by the Unit owners is
l
a
I
M
IF
* t
# _ necessary a or itg the notice of such meeting shall ..
reasonab eoi A action taken by the Unit .
t
owners must be by unanimous consent* aF
+ B The Trustees shall meet annually* on the
date of the annual meeting of the Unit owners and at such
meeting may elect such officers as they deem expedient. other
meetings may be` called by any Trustee# provided that notice o ;
each such other meeting stating the place, day and hour thereof
shall be given at least two days before such meeting to the
other
Trustees* All action taken by the Trustees must be by
.unanimous consent. .
,Y
�•
Every notice to a Unit owner required under the provisions
hereof, or which may be deemed by the 'trustees necessary or
desirable in connection with the execution of the Trust or
which may be ordered in any judicial proceedin ► shall be '
1,
deemed sufficient and binding if a written or printed copy of
such notice shall be given by one or more of the 'trustees or �
Unit n rst as the case may be, to such Unit owner by leavingf�
such notice r mailing it postage prepaid and addressed to such
Unit onw r? at his address at the Condominium, unless such Unit �
owner has designated in writing to the Trustees some other
address for the receipt of notices.
agcti!Dn. ... -K-122 Inspegtion of kal Re t g .11n i t
i�
Books, accounts and records of the Trustees and of the r;
organization of Unit owners shall be open to inspection by any }}Ft
P
one r more o the t stees� the Unit owners and any fir ,
mortgagee at all reasonable times. The Trustees shall,, as soon - }
as reasonably possible after the close of each fiscal year, or
more often convenient for them# submit o the Unit ow rs a
report o the operations o the Trustees for such year, which
report shall include financial staeets in such summary forte
and in only such detail as the Trustees shall deed propere Any
person who has been furnished with such report and shall have
failed to object thereto by notice in writing to the 'trustees
J (Ji yen by ce rt i fed or registered mail within a period of three
(3) months after the date of its receipt by his shall be deemed }
to have assented thereto.
Checksm Ng,t-esg Drafts, and-QULes Inatriame La
1! tea drafts and * other instruments, for the
�' Checks, notes,
1 o d th names of the 'trustees
� payent of money drawn or end use in e
} or of the Trust must be signed by all Trusteesp unless all
LPHA.JOYCE �ITruste'es by written Instrument delegate such authority to one ;
ATTORNEY AT LAW of their number.
ction Vaal Xem
1E7 0 �
C-
4
a
Y
' i T ..} � .... y. i . r. ....*• .tt.... .+Yrw t i • .. t.. .ter. tea.- --• t i
1
The -fiscal Yeat # of the Trust shall be the year ending
December 31st. #.
fiectim 5sl5a, Ru es and Reculati
The Trustees shall have the right at any time and from
time t to time to adopt adoptj amend and rescind administrative rules x,
and regulations governing the details of the operation and use
of the Common Areas and Facilities. Such rules and regulations #.
and any changes therein shall become effective upon copies
thereof being giVen to the Unit owners.
ARTICLE v
Rights and Oblicationa of Third
Par s Dealing-, jjith the 2!rUStVgj
Section, �6 d, No purchasers mortgagee, lender, or other
person dealing with the Trustees# as certified to then by the
Unit Owners in . accordance with Section 3.6- hereof, shall be
bound to ascertain or inquire further as to the identity o
. said Trustees or of any charges therein. .The receipts of the
Trustees t or any one or more of theme for money or things -paid
or delivered to them or him shall be effectual discharges �.
therefrom to the persons paying or delivering the same# and no
person from whom the Trustees$ or any one or more of then,
shall receive any money# property or other credit shall be
required to see to the application thereof. No purchaser p r
ortgageer lender or, other person dealing with the 'Trustees or . J
.with any real or personal property which then is IDr formerly ;
was trust property shall be bound to ascertain or inquire as to
the existence or occurrence of any event or purpose in or for
which a sale mortgage, pled a or charge is herein authorized,
or drectedp nor otherwise as to the purpose or regularity of
any of the acts of the Trutees purporting to be done in
pursuance of any of the provisions or powers herein contained,
,.nor as to the regularity of the resignation or appointment of
-. any Trustee,
4 '
is
e 9 t,���.. No recourse shall at any time be had under
or upon any notep bond, contract, order, instrument,
F�certificate underta in f obligationp convenant or agreement$
,whether oral or written, rae, issued or executed by the
Trustees or by any agent or employee of the Trustees# or b
:Jeason of anything done or omitted to be done by or on behalf
RALPH R.JOYCE of them, against the Trustees individually* or against any such
ATTORNEY AT LAW agent or employee, oc against any beneficiary# either directly
}
MAIN STREETlor indirectly indirectly# by legal or equitable proceedings, or by virtue
W)ATH ANDOVER.MAOid" of aby suit or otberwisel and all persons extending credit to
contractingwith.-or having any claim against the Truteez# shall
x
G.tL. �ti4 � 4ro m,,vvW ' f a r4 t.#.ro doorw t�--4 ''�r{�d 1 J . .-.. ra ti' -1 a'skrw.... r . .s.+.4•.r-..-, .rt•#aw n:yn.. .- V.
Ilei
dr
ook only to the trust
property payment contract -.
r
lair or for the meat f any debts damages judgment or
ec ree r or of any money that may otherwise become due or
ayable to them for the Trustees# so that neither the Trustees
or the beneficiaries* present or future, shall be personally
liable therefo provided, how verp that nothingherein
contained shall.. be deemed to limit or impair the liability -of
Unit owners under provisions of Chapter 183Ae
Bection..I.3-it- Every voter bond, contract# order,
linatrumentgcertificate, underta in obligation, covenant or
agreement, whether oral or written, made, issued or executed by
the Trustees, or by any agent or employee of the Trustees,
shall be deemed to have been entered into subect to the terms, "
conditions, provisions and restrictions hereof, whether or not
express reference shall have been made to this instrument,
ARTICLE VII
i..Q oc u� � • �
n the; event of a dispute a between the owners of the
Units o b between the Trustees as to any matter involving
this Trust, the Master Deed and the Condominium generally#
either of the disputing' parties at his option mays
(a) Refer the matter -to binding arbitration by sending
written notice requesting arbitration to the other parties,
which notice shall name one arbitrator who shall be an attorney
licensed to practice law in the Commonwealth of Massachusetts,
Within fourteen l calendar days after receiving such notice,
the other parties shall by written notice to the requesting r
party name a second arbitrator who shall likewise be an
attorney lic nsed to practice law in the Commonwealth of
Massachusetts, failing which, the first arbitrator appointed
shall appoint such second arbitrator, if the two arbitrators
thus appointed are unable, within fourteen (14)' calendar days.
after the date of the appointment of the second arbitrator to
e appointedp to agree upon a settlement to the ipute they
shall then appoint an impartial third arbitrator within twenty
(20) calendar days after the said date of appointment of. the
second arbitrator. The third arbitrator need not be an
,attorneys but he shall be someone who i qualified by his
.profession to deal with the matter in dispute. f the two
=arbi.trators cannot agree on a third arbitrator and if they fail. �
,.to act to appoint him within said twenty 2 days per odo then
. either party may apply to the Superior Court of
Y County for the appointment of the third
.liarbitrator, The thircl arbitrator shall within fourteen (14)
' ld d after his ointment rude h decision RALPH R.JOYCEr-caenar �s on in theATTOR ATTORNEY Al LAW
'1dispute. The decision of the arbitrators whether it be by
AI TART agreement of the first two arbitrators or# failing which# b
the decision of the third arbitrator* shall be conclusive and
�• � binding upon all parties to the disputer and any such decision
It J
{
xti
shall b - enforceable ' by any court of competent jurisdiction. rt
Each party shall pay for the fees and other costs of the
arbitrator appointed by him or for him should he fail to duly
make the ointment , and the fees and costs of the third
r'
arbitrator shall # be shared equally by the parties. Except as
otherwise herei6 providedo the arbitration shall be conducted
in accordance with the rules then in' effect by the American
Arbitration Association.
(b) Commence an action in either the District Court or
Superior Court of County to decide the
atterr with such notice being given to the other parties as
the Court may order. The fees and costs associated with
bringing the matter to court and prosecuting the court E
proceedings shall be paid as the court ore r s$ and in the
absence of such an order# shall be borne equally by the
parties.
+ ARTICLE VII
Amendment and Ter tion
Section 8a is .m � This Trust and the ' y aws
herein contained may be amended, altered or repealed only by are
instrument in writing signed by persons who under oath affirm
themselves selves to be the Owners of all Units and then recorded with
the District Registiy of Deeds• Such .
instrument, so executed and recorded, shall be conclusive
evidence of the existence of all facts and of compliance with
all prerequisites to the validity thereof# whether stated in
such instruments or not, upon all questions as to title or
affecting the rights of third persons, and for all other
purposes. _ _.. . . _ . .
section.l ,.2, miatioj]*. The Tust hereby created shall
terminate- only upon the first to occur of the following a
the removal of the Condominium from the provisions of Chapter
18 A in accordance with the procedure therefor set forth i
said Chapter 1A, or b by agreement of the owners of all
Units as provided in Section 8.1 hereof# provided that such
termination shall be assented to in writing by the holders of
the first mortgages of record with respect, to all Units,
.Ion the
p
termination of this Trust, the Trustees may, subject to and i
accordance with provisions ofp
Chapter 18A# self. and convert i
} into money the whole of the Trust property or any part or parts
thereof# and, after paying or satisfying all known liabilities
F.
and obligations of the Trustees and providing for indemnity
. ' against any other outstanding liabilities and obligations,
shall divide theproceeds t among, distribute AT LA n {
06 MAIN TRIEIr kind# all other property then held by them in trust hereunder
NORTH ANDOVER,MA 01601
# a -45 to the Unit owners as tenants in common. according to their
respective perctagea of beneficial interest hereunder. All k
r.
f
r
5
f L
f,F
f
valuations made the Trustees shall a conclusive. n main #
v �
:4 any sale under this provisone the Trustees shall have power to
1
sell by public auction or private contract and to buy In or
{} and to resell without
or vary any contract of sale
,xbeing answerable # fot loss and, for said purposes, to do
all
` things, including the execution and
delivery of instruments# as
may - by their -performance tie
of be shown to be in their
judgment necessary or desirable in connection therewit a The
powers
of sale and all other powers herein given to
e
Trustees shall continue as to all property at any time
remainingn their hands ownership, even though all tires
herein fixed for distribution of trust property may have
passed.
ARTICLE IBC
Construe io n—and Kaiy
In the construction hereof$ whether or not so expressed,
words used in the singular or in the plural respectively
include both the plural and the singular, words denoting males �
include females and words denoting persons include ind .vi.dualsl
firms, associations, companies joint stock or otherwise)
intention i s to be
trusts and corporations unless a contrary
i inferred from them or required by the subject matter or
contexts The tide beadings of different warts hereof are {
inserted only for the convenience of reference and are not to
control or affect the meaning, construction# interpretation or
effect hereof* All the trusts, pourers and provisions herein
contained sa .l take effect and be construed, according to the
laws of the Commonwealth of Massachusetts* Unless the context
. otherwise indicates words defined in Chapter 1 Aw shall. have �
�
the same meaning herein and to the extent of any conflict
between the terns hereof and the requirements of said Chapter
fall ov me The invalidity of any part of
1 , the latter s �
this Trust shall. not 4impair or affect in any manner the
validity validity# enforceability or effect of the balance of this
gusts No restriction, condition, obligation or provision
contained in this Trust shall be deemed to have been abrogated
or waived by reason of any failure to enforce the same,
irrespective of the number violation s or reaches thereof
, which may occur.
ARTICLE
Daz
The right of any unit Owner to vote, to grant or withhold
R LPH .JOY {i any consent or approval, and to exercise any other right or
ATTORNEY ATLAW option herein granted to a Unit Owner, may be assigned or
MSTAVE1 transferred in writing to or restricted in favor of any
mortgagee under a mortgage covering that Owner's Unit, and the
trustees and all other persons shall be bound by any such
t / �
assignment transfer of which they have actual written
notice,
r
IN
J }
WITNESS WHEREOF, said
s Trustee has hereunto set hand and seal on the day and
ye ► 'first o e'- r tten*
5
COMMONWEALTH OF MASSACHUSETTS
s1911
Then personally 'appeared the above named
and acknowledged the foregoing instrument to be free
act and deed# before# mep
_ Notary Public
y comet i s s ion .e r s
r
i
4
{� r
i{
f
4
ATTORNEY AT LAW
MAIN STREET
ORTH A DOVER.IDEA 01
{
F