HomeMy WebLinkAbout1993-11-23 Legal Documents DEF SUB s '
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LOT MLEASE
The undersigned, being a Majority of the Planning -Board of the Town
of North Andover Massachusetts, hereby certify that:
a . The requirements rement for the construction of ways and munIcipal
serviLcescalled for the Performance Bond or Surety and, dated
19 and or- by the Covenant 'dated
19 aq and recorded in. District D6eds,
Book DOC V Page or registered i
Land Registry District as Document
o. and noted on Certificate of Title No.
in Registration Book e
has been completed/partially completed, to the `
satisfaction of the Planning Board to adequately serve the
enumerated lots shown on Plan entitled i lre4 W7 :�
Section , Sheets
Plan dated � � 19 9 3 recorded by the
e, 1'1 !w lc _ Registry of Deeds, Plan Book , o
registered in said Land Registry District Plan HIM J ' -6
Plan and sa Id lots are herebyreleased from the
restrictionas to sale and building s eci f'led thereon.
.
Lots designated on said Plan as follows: Lot Number s and
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(To be attested by a Registered Land Surveyor)
hereby certify that lot number o
3,e,-c Z-1:2 4,C Street d
conform to layout as shown on D f initi e Plan entitled
' '13
Section Sheet
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'eg e ur-vyo
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I O N A `r
{ Victor L. Hatem Esq, F
127 Turnpike Street
North Andover MA 01845
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4 ,. #{:. Tie Town of North Andover a nunicipal corporation situated .n '
4{ the county of Essex, Commonwealth of Massachusetts� acting y
its organized y o anized Planning Board, holder of a Performance
Bond or Surety dated 19 and/or
Covenant dated 19 from
of the City/Town o
County, Eassachusetts recorded with
the
District Deeds, Book Page
or registered 'in Land Registry District as Document 1o.
and r o .ed on Certificate of Title No. i .
Registration Book, , Page a ck-n--owl edges
satisfaction of the terms
.r..,,thereof and hereby releases 'Its j
right, title and 'Interest n the lots designated on said plan
as follows;
)EXEPUTED as a sealed instrument this lq[ o . r
day o 19 4.
Majority of the z .0ti
Planning Board}
r - I
o f ti'e Town o
North Andover
COMMONWEALTH of MASSACHUSETTS
ss , 19
' erg Personally appeared one -of
the above
members of the Plarining Board of the Town of North Andover,,
Massachu8etts and acknowledged the
foregoing instrument o be the
free act and deed of said Planning Board, before me.
`. 0 ta
tary Pub 1 is LIB ENW
+ 'Commission pie ' `2 of
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DONOVAN/MCNAXAPA ZZVEIMMENTt OR a :Massachusetts -co po alt .on
brganized under the lasts of the -Commonwealth of -Maissachusetts,
having n usual place -businems in Lowell, Middl -County,
Massachusetts r
for consideration paid, and in I ull consideration of Two Hundred
`or y,-I ,Lne Thousand Five -Hundred and /1 ($249F5U*_00)
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Dollars,
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grant -..r. A .......... awife,
... _-as tenants by the entirety,
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of 29 Ce Circle, North Andover, Essex County, Massachusetts,
with QUITCLUX COVENS,
certa , pare . o ,hand f with the ndn becertain
situated in North Andover, Essex County, Masaachusette, bean
shown as Lot 7 on a plan of land entitled, "Definitive , .D.
Subdivision lan, fWhite Birch 110 , located in North Andover,
MA. , Scale 111 _ 40f , P11an of Lots, Lots 1. 10, Date 1 t
Revi s .ons: 2/ ; /2-6 3 y and 11/8/93, Record c rue l
Lawrence Alpo R ty. , Tr. r 1551 Osgood !fit-. f No. Andover, MAP ?
Applicant: Write Birch Constr. Inc. , 36D Essex Stop Lawrence,
Gap
MA r�i iansen A Sergi, Professional Engineers Land Surveyors,
160 Steer St. , Haverhill,, -MA. , 11-, which plan is filed -with con
the Essex North Registry of Deeds as Plan No. 12a766
Said lot contains 21,931 square feet of land, more or less, tA
according to said plan.
Reference 's made to said plan for a more particular
description of said Lot. FF
Thio oonveyanae is made subject to the following:
1* Special Permit granted by the North Andover Planning
Board recorded in said Registry in Book 4220, Page 132.
..r- White Birch Il Homeownerlo Trustrecorded in said
Rega.stiy in Book 4111, Page 231 and Conservation Restrictions
contained in a certain deed into said Trust recorded in oaid
Registry in Book 4111, Page 243 f
3. Conditions, easements and notes as shown on the
aforementioned plan and in particular the 50f buffermozone, no-*out
line, as shown on said plan.
44 1 vaster easement as shown on said plan.
o the Grantees rthelr -suc essors and as sIgns for the rlgftt of
passage can foot and by motor v h l -over, upon and across all
ways shorn -on said -plan, in common with others lawfully a tled
thereto for all purposes fjor w io t o ways are used within
} tha Town of North Andover.
This conveyance is also subject o the right of .grantor,
which Grantor expressly reserves from the conveyance hereunder,
o dedicate or convey to the Town of North Andover as a public
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way at such time as the 'down is willing to accept such dedication
or conveyance, the way shown as White Birch Lane and Cee
Cir1ce on the Plan, including the right to convey to the Town the
fee interest of the land in said way.
This conveyance is further subject o the right of Grantor,
whioh Grantor expressly reserves from the conveyance 'hereunder,
to (a) grant rights and easements for access, utilities, -drainage
and such other purposes as Grantor in his sole discretion deems
advisable? in, on andover said White Birch Lane and Cese
Ci clef and ) to extend, altars modify or otherwise a nc a the
lay=t of white Birch II as shown on the Plan. No such change,
however, shall limit or affect the present frontage of said lot
on the street in regard to the premises being conveyed* nor
create any new easements or liens over the subject premises.
This sale does not constitute a sale of the majority of the
assets of the corporation and this sale is within the ordinary
course o ~its business.
Being the sane premises conveyed by deed dated November aer 16,
19951and recorded in the Essex North Registry of Deeds, in Book
4382, Pace 149.
N WITNESS WHEREOF", the s id DONOVAN/MCNAMARA DMLOPMENT
CORP. , has caused these presents to be signed in its name and
behalf by Joseph Donovan, its President, and Timothy MoNamara,
its Secretary, this 15th day of February, 1996.
DONOVAN/XCNAMARA DEVELOPMOUT
CORD
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By
Vs
Donovan
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.ISE
Then perormally appeared the above named o Donavan r and
.. Wimothy XcRamara, and acknowledged the foregoing instrument o be
,e free act-and creed of DONOVAN/NCNAWAM CORP* ,
before m ,
64Fk
Noy Public
My Commission Expirest lol,�Iqq
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osex J-v Ott agree to serve as Trustee hereunder according to the
tea hereof. This Trust is established for tho initial and primary
purpose o
the consorvation of open space shown on a plan of 1and entitled White Birch IV,
a Residential Single Family Dwelling Development in North Andover, MA," which
Plan is recorded with the Forth Essex Registry of Deeds as plan L , in
accordanas with the Conservation Restrictions contained in the deed of the open
space to this Trust recorded ediatel,y hereafter.
ARTICLE Il
Section �
2.1. The beneficiaries of this Trust shall be the ownersof Lots
l to 9 as shown on said plan (hereinafter "lit Owners") Consistent
with section
2.4 below, a person shall became 4 beneficiary automatically upon becoming lot
Owner and shall cease to be a beneficiary automatically upon peas ing to be such
an owner. By acceptance of the deed to said lot the Lot Owner agrees to be bound
by all Of the tom of this Trust and Rules and RegulAtions promulgated
hereunder, to be recorded at North District of Essex Registry of Deeds.
Section 2.2. The beneficial interest in the 'gust shall be divided among
the owners of said lots in proportion to the number of late owned by each, with
each lot entitling the owner
thersOf to a 21LY213 And -1&L-yercenL (11.11
beneficial interest in the Trust.
Section 2,3, The beneficial interest appertaining to each lot shall be
hold and exercised as a unit and shall not be divided among several owners of an �
such lot, To that end, whenever any of the lots of record are owned by more than
one person, the several owners of such lot shall a determine and designate �
which one of such owners shall be authorized and entitled to cast votes, execute
instruments and otherwise exercise the rights appertaining to such lot hereunder, �
and b notify the Trustees of such designation by & notice in writing signed
by all the record owners of such lot. A such des� designation shall take effect
upon receipt of the notice thereof by the Trustee s and may be changed at any
time and from time to time by notice as aforesaid. In the absence of such notice
of designation, the Trustees may designate any such owner for such purposes.
Section 2.4. The undivided beneficial interest in this Trust appertaining
to each lot shall not be separated from ownership of the lot and shall be deemed
conveyed or encumbered with the lot even though such interest is not ixpressly
mentioned or fully -described in the conveyance or other instrument'. �
Section . . It is hereby expressly declared that a Trust, and not a
general partnership, limited partnership, joint venture or other association, has
been created by this instrument and that the Lot hers are the BENEFICIARIES,
and not partners or associates between themselves with respect to the Trust
property, and hold no relation to the Trustees other than Beneficiaries, with
only such rights as are conferred up n them as such Beneficiaries hereunder.
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Until the "takeover event', the Trustees shall be able to appoint an
successor Trustees, and during this period
the Trustees may consist of as fear as
one. The "takeover evert" shah: occur at the earlier of a 120 days after the
sale of the 9th individual lot by
the developer or a successor developer b two
years from the recording of this Truro, whichever shall first occur,
."hereafter, there shall be at least three Trustees, but
o t more than five
such 'trustees being elected by a vote of the Lot owners holding not lass than
f if tyft one percent of the bons fie ia int rest hereunder. The Trustees after
the takeover event* shall at all times be Lot Owners. If, and whenever, the
number of Trustees shall become less than three, or less than the number of
Trustees determined by the last vote of the Lot owners, such vacancies shall b l
filled by a vote of the Lot owners as aforesaid. Each vote of the Lot Nners
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appointing a Trustee or Trustees shall be evidenced by an instrument signed in r
writing by the Clerk of the Trustees that the Lot hers holding no less than
fifty-one percent 1 of the beneficial neficia interest beer, and the appointment
of the Trustee or Trustees shall become effective upon the recording of said
instrument signed and acknowledged by'the persons so appointed Trustee(s) with
the Essex North District Registry of feeds (hereinafter "Regis try of Deeds"
Upon the appointment of any succeeding Trustee, such succeeding Trustee, shall
have the rights, powers, authority and privileges as if named as an original
Trustee hereunder.
Section- 3.2.
Any Trustee may resign or be discharged from the 'gust hereof at any time
by an instrument in writing signed and acknowledged in the meaner required in
Massachusetts for acknowledgment of deeds, and such resignation shell take affect
pon the recording of such instrument with the Registry of Deeds. By a vote of
the Lot hers holding not less than fifty-,ore percent 1 of the beneficial
interest hereunder, any Trustee (except Trustees before the 'Makeover evert" may
be remo e d with or without cause and they
vacancy among the Trustee t e e caused by
such removal shall be filled in the manner provided in Section 4.1 above. Such
removal shall become effective upon the recording with the Registry of Deeds o
a Certificate of Removal signed by the Clark of the Trustees,
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Section 3.3.
o Trustee named or appointed as hereinbefore provided, whether as original
Trustee or as a successor to or a substitute for another, shall be obliged to
give any bond or other security for the performance of any of his duties
hereunder; except if by a majority vote at a duly called Lot owners meeting, said
Trustee s are required to be bonded,- they shah immediately do so, said cost
being a Common Exp ergs e,
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Meetings of the Trustees may be called by any Trustee i
here be no more
an three then in office) or by any two Trustees (if there be more than three
then in office) or in such other spanner as the Tutees may establish; provided,
however, that notice of each such meeting, stating the place, day and hour
thereof shall be given at least three days before such meeting to each
Trustee, unless such notice shall be waived in writing either before or after the
meeting by those Trustees not so receiving it. A majority of the number o
Trustaes, or a single Trustee, if here be only one, then in office shall
constitute a quorum at all meetings of Trustees and such rules the Trustees may
adopt. Unless otherwise provided by the Trustees in such rules, all action by
the Trustees shall be by a majority Grote of a quorum thereof. Any action
required or permitted to be taken at any meeting of the Trustees may be taken
without a meeting if all. the Trustees consent to the action in w-riting and the
written consents are filed with the records of the meetings of Trustees
Section 3.5.
eetinge of the Lot Cuners may be called at any time by theTrustee(s) and
shall be called by them upon the written request of Lot hers holding more than
twenty-five percent 25 of the beneficial interest hereunder, Written notice
of any such meeting desigmting the place, day and hour thereof shall be g ven
by the Trustee(s) to the Lot €timers at least seven 7 days prior to the date so
designated. Whenever Trustees deem it necessary or appropriate, the notice sent
to Lot Owners shall specify the matters to be discussed at said meeting.
Meetings of Lot hers shall be conducted to accordance with such rules as the
Lot Owners may adopt.
Section 3.6. J=stee Z2mM2x&Uon
o Trustee shall receive renumerat .on for his services unless he shall be
appointed as Manager in accordance with the provisions of ARTICLE VI below;
provided, however, that if approved by a vote of the Lot Gvmers holding no less
than fifty-one percent 51 of the beneficial interest hereunder, a Trustee may
receive reasonable renumeration for extraordinary or unusual service, legal or
otherwise, rendered by him in connection with the Trust hereof.
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Section 3.7.
No Trustee shall be disqualified by his office from contracting or dealing
with the Trustees or with one or more Lot Owners as vendor, purchaser or
otherwise, nor shall any such dealing, contract or arrangement entered into with
respect to this Trust in which any Trust shall be in any way interest be avoided
nor shall any Trustee so dealing or contracting or being so interested by liable
to account for any profit realized by any such dealing, contract or arrangement
y reason of such Trustee's holding office or of the fiduciary relation hereby
established, provided the Trustee shall act in good faith and sba .l disclose the
nature of his interest before the dealing, contract or arrangement is entered
into.
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No Trustee shall be liable to the Trust or to any Trustee for any act or
omission of any other Trustee, officer or agent of the trust or be held to any
personal liability whatsoever in tort, contract or otherwise in connection with
the affairs of this Trust except only that arising from his own willful
malfeasance, had faith, gross negligence, or reckless disregard of duty.
Section 3.9. T11demni-9129=2n of T=stte(,j) Lij&jjJ -_
Any person made a party to any action, suit or proceeding or against whom
a claim or liability is asserted by reason of the fact that he, his testator o
intestate was or is a Trustee of the Trust or active in such capacity ou behalf
to the Trust shall. be indemnified and hold harmless by Trust against judgements,
fines, amounts paid on account thereof whether in settlement or otherwise and
reasonable expenses, including a►ttorney's fees, actually and reasonably incurred
by him in connection with the defense, of such action, suit, proceeding, claim o
alleged liability or in connection with any appeal therein, whether or not the
same proceeds to judgement .s settled or otherwise brought to a conclusion;
provided, however, that no such person shall be so indemnified or reimbursed for
any claim, obligation or liabUity which arose out of the Trustee's willful
malfeasance, had faith, gross negligence or, recess disregard of duty; and
provided further, that such person glares prompt notice thereof, executes such
documents and takes such action as will permit the Trust to conduct the defense
or settlement thereof and cooperates therein. The cost of such indemnification
shall be charged to all the Lot Owners as Common Expense. The rights accruing
to any person under these provisions shall, not'exclude any other right to which
he may be lawfully entitled, nor shall anything contained hexer restrict such
right of a Trustee to contribution as may be available under applicable law.
ARTICLE i - DUTIES AND POWERS OF TRUSTEE(S)
Section 4.1.. General_ Duties
The Trustee(s) shall have the duty of imaging, maintaining and controlling
the Open Space and all improvements made thereto for the benefit of the
beneficiaries including the entrance way, the fencing and the landscaping and to
this and shall have, hereinafter specified, the following powers
M To appoint and remove at pleasure all officers, agents and employees of the
Trust, prescribe their dudes, fir them compensation, and require of them such
security or fidelity bond(s) as them may deem expedient. Nothing contained in
this Trust shah be cons trued to prohibit the employment of any Lot Omar or
Trustee in any capacity wharsoeverf
li To establish, levy and assess, and collect general and special assessments
as set forth in this Agreement, including without limits ion, monthly and/or
periodic changes for insurance, maintenance, fencing and landscaping, legal,
accounting, administrative services, real estate and municipal taxes and
assessments, and other costs and expenses contemplated or prodded for in this
thirty days of the duce date or within such shorter period of time as may be
determined by the Trustees, ineluding without thereby limiting the generalfty of
the foregoing, the commencement of legal action.
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ii To do all things necessary to maLntain, improve, replace, alter and
otherwise a mLn .star and care for the Open Space,
(iv) To obtain all polLcLes of insurance required by this Trust and such other
insurance as may be required by law or as the Trustee may from time to time
de to rm ,ne.
(v) To obtain any legal, accounting, admLnistrati.' a and other services deemed
advisable by the Trustees, to whom the Trustees may delegate certain of its
powers and duties. The Trustees shall be entitled to rely upon the advice and
counsel of attorneys, accountants and other advisors hired by them and shall be
protected in so doing.
vi To adopt, amend, modify and rescind from time to time and enforce rules and
regulations governing the use of the open Space and the personal conduct of the
Lot Owners and their guests and tenants thereon. These rules and regu ,atLons
shall be binding upon all Lot mere and reaLdents of the subd vision, unless gind
until they shall be modified or rescinded by vote of the Lot owners holding not
less than fifty-one percent 1 of the beneficial interest in the Trust,,
(vLi) To cause to be kept a complete record of all Lts acts and the affaLrs of
the Trust and to present a statement thereof to the Lot toners at the annual
meeting of the Lot Owners.
(ViLL) To purchase, or otherwise acquire title to or an interest in, sell,
and otherwise maintain, manage, hold, use, and dispose of any equipment Ln the
course of their ad inLstration and management of the Open Space.
i To open and maintain bank accounts, and to authorize the drawing of checks
and other financial instruments, and to keep a full and complete record of all
financial transactions.ons for Lot Owners and to prepare periodic financial reports
and accountings as may be reasonably required'by the Lot Owners.
To sign, seal, acknowledge, deliver and register in any one or more public
offices or places or registering all such instruments and documents as the
Trustees shall deem necessary or desirable in the exercise of their powers and
the discharge of their duties.
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i To assess the cost of repair and/or replacement to any Lot Owner causing
any damage to the Open Space.
i.i To tale such steps, including the a pendLture of funds, to protect and
preserve the open Space
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a*J* 41»1U■a.An +Alm Oho Wo L-wuz a anu v u e r i un ie ip a.L
assessments arising out of the Trustfs ownership, operation and control of the
Open Space and UVrovements thereon, and such taxes and assessments shall be
charged to all the Lot o ners as Common Expenses,
ART ICU V - APPOINTMENT of A MANAGER
The original Trustees or a majority of the successor Trustees may recommend
to the Lot Diners that a Manager be hired to manage and maintain the Open Space
and shall., An such recommendation, state the proposed term of employment and the
cost thereof. If approved by Lot Owners holding no 'less than seventy-five
percent (750 of the beneficial interest hereunder, such Manager shall be hired
upon the term proposed and approved, and the cost of his services shall be
charged to all, the Lit owners as a Coon Expense,
ARTICLE VI - ASSESSMENT FOR COMMON SENSES
Section 6.1 By becoming beneficiaries of this Trust, the owners of Lots 1
through 9 on said Subdivision Plan agree to Pay the Co on Expenses of the Trust,,
These expenses shall be assessed against each Lot owner in proportion to his
beneficial Interest in the Trust and shall be payable within thirty 3 days,,
Interest on amounts remaining unpaid after thirty days shall accrue at the
rate of 180 per annum. The Lot Owner shall also be responsible for all attorneys
fees and coats in any action to collect past due Common Expenses,
THE OWNER of RECORD of DOTS 1 THROUGH 9 ON THE DATE OF RECORDING OF THIS TRUST
(HEREINAFTER RUMUM TO AS THE "DEVELOPER") WILL BE RESPONSIBLE FOR ITS PRO- ATA
SHARE of COON ERPENSES UNTIL THE TAKEOVER EVENT
NO THSTANDINo THE ABA VIE, FOLLOW-ING THE TAKEOVER EVENT THE DEVELOPER WILL NOT
BE RESPONSIBLE FOR THE COMMON EXPENSES FOR ANY LOT THAT IS NOT SOLD OR RENTED,
NOT WITHSTANDING THE ABOVE O THE DEVELOPER WILL NOT BE RESPONSIBLE FOR THE COMMON
SENSES FOR ANY LOT THAT IS NOT BUILDABLE, IN THE EVENT THAT DE ELDPER IS NOT
RESPONSIBLE FOR THE CoMKoN EXPENSES FOR ANY LDT THAT IS NOT SOLD, NOT REED OR
NON-BUILDABLE , THE COMMON EXPENSES OF THE REMAINING LT ONERS SHALL PAY THE
CCMKoN EXPENSES OTHMM S E ALLOCABLE TO THE DEVELOPER, ON A PRO-RATA BASIS.
The Trustees shall in their discretion,, prior to the commencement of each
fiscal year of the Trust, estimate the Co ton Expenses to be incurred by the
Trust during such forthcoming fiscal, year and assess each Lot Diner as aforesaid
for such estimated expenses. In the event the actual Common menses incurred
by the Trust exceed such estimated expenses, supplemental assessments may he made
by the Trustee s as aforesaid. THAT PORTION OF A LOT OWNER'S SNARE OF THE
COON EXPENSES REMAINING 'UNPAID THIRTY 30 DAYS AVER THE DATE STIPULATED FOR
PAST THEREOF, ALONG WITH ANY INTEREST AND COSTS ACCRUING THER.EON, SHALL
CONSTIT 3' EA LIEN UPON HIS LOT AND ALL IMPROVEHENTS,THEREON. This lion shall
take effect without the necessity of recording a notice thereof with the Registry
of Deeds and shall be binding on all subsequent owners. At the and of each
fiscal year of the Trust, the Trustee(s) shall render a written account to each
Lot Omer of the receipts of and disbursements made by the Trust during said
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Section"! 6s26on- xgrtAggs
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The liens provided for in Ax .cle v , Section 6,,1 above may be enforced in }
case of non# a ent when due sale e of the premises suet thereto, in the
manner provided by law for the foreclosure of mortgages containing a power of
sale, provided that notice of the commencement of such proceedings or an
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affidavit of such sale, is filed or recorded in said Registry within two years
of the date on which payment is due,
The liens provided for herein shall be subordinate to the lien of any
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mortgage given by the owner of any such building lot to any bank or other lending
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institution; provided, however, that any such mortgagee when in possession and
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any purchaser at any foreclosure sale, and all persons claiming under them, shall
hold such building lot subject to the obligations and liens set forth in Article
VI, Section 6.1 which have accrued after sale or possession,
Section 6.3. Regerv2 Funds
the 'trustees shall, to the extent they deem advisable, set aside Common
Funds for reserve or contingent liabilities, and may use the funds so set aside
for repair or restoration of the Open Space or improvements thereto, and the
funds so set aside shall not be deemed to be common profits available for
distribution,
ARTICLE vl - RIGHTS AND OBLIGATIONS OF THIRD PARTIES DING WITH TRUSTEE
Section 7.1. Any contract, conveyance or other instrument signed by the
original Trustee(s) or a majority of the Successor 'trustees shall be conclusive
evidence in favor of every person relying thereon or claiming thereunder that a
the time of delivery thereof the execution and delivery of that instrument was
duly authorized by all the Trustees, No person shall be bound to inquire
concerning the validity of any such instrument thus purported to be wade by the
Trustee(s) nor be liable to see to the application of any monies pain.
Section 7.2. No recourse shall at any time be had under or upon any note,
bond, contract, covenant, or agreement, whether oral or written, made, issued,
or executed by the Trustee(s) individually, or against any such agent or
employee, or against any beneficiary, either directly or indirectly, by Legal or
equitable proceeding, or by virtue of any suit or otherwise, and all persons
extending credit to, contracting with or having any claim against the 'trustees ,
shall loot only to the Trust property for payment under such contract or claim,
or for the payment of any debt, damage, judgement or decree, or of any money that
may otherwise become due or payable to them from the Trustees nor the
beneficiaries, present or future, shall be personally liable therefore,
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_ _.....Woo W..%awl Prar i r y+ It. ampiLoyee or. me
Trustee s , shall be deemed to have been entered into subject to the terms,
conditions, provisions and restrictions hereof, whether or not express reference
shall have been made to this instrument.
ARTICLE '11 # NOTICE To IT OWNERS
Every notice to a Lot Owner required under the provisions hereof or other
conounication which may be deemed by the Truatee s to be necessary or desirable
in co=ection with the execution of this Trust or which may be ordered in any
Judicial proceeding shall be deemod sufficient and binding if a written or
printed copy of such notice or communication shall be given by one or more of the
Trustees to such Lot Owner by leaving such or mailing it postage prepaid and
addressed to such Lot Owner at his address in the subdivision or at such other
address as shall apper on the records of the Trustees.
ARTICLE IX # BANKING
The Trustees shall constitute as a depository for Tit Funds, such bank
or trust company as the Trustees shad.l from time to time select. Checks,
notes, drafts and other instruments for the payment of money drawn or endorsed
in the names of the Trustee s or of the Trust may be singed by any two
Trustees or by one Tnwtee if there is only one, or by any Manager to whom such
Power at any time or from time to time be delegated by not less than a majority
of the Trustees,,
ARTICLE X - FISCAL YEAR
The fiscal year of the Trust shall be the year 'ending with the last day of
December or such other date as may from time to time be determined by the
Trustees) .
ARTICLE X1 - AHE DMENT
This trust may be amended from tie t me by an instrument in writing
signed by Lint hers holding at lease two-thirds / f the beneficial interest
hereunder, provided, however, that no amen4ment shall be made to this Article and
Articles 1, 11, VI and XII, and provided further that no amendment shall a
abridge the limitation on Trustee liability or a Trustee's right to
iinde fication hereunder, or b provide that any Lot Owner action may be taken
by a vote of Lot owners holding less than fifty-one percent 1 of the
beneficial interest hereunder, or that improvements, the cost of which are to be
charged as a Common Expense, be authorized by a {vote of Lot owners holding less
than eighty o percent of the beneficial interest hereunder. Amendments shall
not be effective unless approved by the Town Manager or his designee which
approval shad not be withheld if such amendments do not affect the interests of
the Town. Amendments to this Trust shall not take effect until the instrument
f amendment shall be recorded in the Registry of Deeds,
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accepts ownership of the open Space pursuant to . . . Chapter 4 A Section 94 }
ARTICLE XIII CERTIFICATES REGARDING COMMON EXPENSE
Section 13.1. Upon the request of any Lot Owner, the Trustee(s) shall,
within seven days, provide a Certificate of payment of Common Expenses, in
recordable Form, which Certificate shall. indicate the amount of Common Expenses,
if any, then due by a Lot der pursuant to this Agreement. Said Certificate
shall be substantially in the form s e ed hereto as Exhibit A. The recording
of said Certificate shah, operate to discharge any lien or encumbrance which may
otherwise be created by this Agreement with respect to any Common Expenses, fees
or other charges not indicated on the Certificate, provided, however, the
Certificate shall not affect the obligation of any person liable for the payment
of the Common Expenses by reason of being the record owner of such lot at the
time the fees were incurred*
Section 13.2 In the event that the Trust fails to provided the Certificate
of Payment of Common Expenses within said seven ( days, the Lot Owner may
record an affidavit substantially in the form annexed hereto as Exhibit E stating
that (a) a request was made to the Trustees for the Certificate (h) that the
Trustee s have failed to provide the Certificate as required under this
Agreement; and (c) that there are no unpaid Co=on Expenses due and payable by
said Lot Corner. The -recording of said affidavit shall operate to discharge any
lion or encumbrance which may otherwise be created by this Agreement with respect
to Co=on Expenses them due and payable; provided, however, the affidavit shall
not affect the obligation of any person liable for the payment of the Common
Expenses by reason of being the record owner of such lot at the time the fees
were incurred.
Section 13.3. Notwithstanding anything contained in this Agreement, any
lien or encumbrance which may otherwise be created by this Agreement with respect
to Common Expenses which may at any time become due by a Lot Owner under this
Agreement, shall be subordinate to a first mortgage of record, whether recorded
before or after this Agreement,
IN WITNESS WHEREOF, Joseph-J. Scott Trustee, has hereunto set his hand
and seal this I>- ;�-rJ day of
True tee
• a nt nidually
COMMONWEALTH OF MASSACHUSETTS
9
acknowledged the foregoing instrument to be his free act and deed before me.
Notary Pub I, c
My COMMianion wee;
4
10
1
i
The undersigned hereby certified in accordance with an Agreement dated
" 1994 between ' ceopph J. Ott wee of White Birch II Homeowners
Trust,, /d dated 94 recorded with Essex North Registry
of Deeds in Book page that as of the date hereof, there are no unpaid
Common Expenses due and payable by the owner of Lot as shown on a plan o
land entitled *White Birch 119 A Residential Single Family Dwelling Development
in North Andover, MA. ,* which plan in reco dad with the Essex North Registry o
Deeds as plan No.
Witness my hand and seal this day o M 19940
WHITE BIB I
DENS TRUST
By: Tr tl* dv--
Essex, as. 1994
Then personally appeared the above wed JosePh J a SC . and acknowledged
the foregoing instruments to he his free act and dead, before me,,
Notary Public
Hy Commission Expires
3
5 The undersigned hereby certifies in accordance
with are Agreement dated
1994 between 'o # a tt, ru es BirchHomeowners Trust dieII
: deed 1994recorded with
NorthRegistry o Deeds Boob Esser
that (a) a request (the "Trust"
a aide o � for a Certificate of Payment of Common
IxPensea; an thatthe Trusthas failed required by � de � Certificate �►
�'�� row.e ; and that there are no unpaid Common Expenses d
and payable y � undersigned � due
ee re owner o Lot era shown On a plan of lard
entitled white Birch , Rss de � is . Single `� Dwelling
North Andover, MAC win
o eve omen
h plan is recorded with the Essex North Registry o Deeds
as Plan o.
MMONW MTH of MASSACHUSE'"
Essen, as,
1994
Then personally appeared the above-named J J. � and eo
�e foregoing rye °� tt acknowledged
n o e his free act and deed, before m
Notary olio
My Comission Ep res
12
lli u VU VM L. V -L3iR'r grancs to U aJ w Xr12 tee or
White Birch 11 Homawnsr's Tit under declaration of Trust dated i�xar�.�s � 1994
and recorded at theNorth Essex Rusty of Deeds herewith, certain around
the White Birch 11 subd v s cn and be shown as Open Space Parcel. 10 on Sheet }
2 of 5 of a plan entitled '* hits Birch 110, North Andover, KA, recorded at the
RsseX NorthDistrict Re six of Deeds as P No. 12 3 7 6 tosether with s
conservation easement, subJect to the conditions, restrictions and easements set
forth below, on that portion of Let 10 1n the avm des ted as wftoposed Open
space "Nommeo = a ontftled " of in NorthAndaver, KA, drawn for
'Ilk Whits Birch Construction, Inc. dated August 13 1993end recorded at the Dort
District try of Deeds as p No. The afore r ant ,o ed open space
parcels tasamnt area an Lot 10 are hereinafter collectively referred to as
the Open sPace.
No rights in or to Logs 1 t:h on 9, inclusivo or any roadways as shown
on the a owsa-referenced plau are conveyed hereby or encumbered.
sad Dpa Czaveived suh, set tv the following conditwions
restrictions and easements
The prates ions of the North Andover Zoning By.&Law relative
o the use of open space as to a Pad Residential Deere loent.
20 Ggmmtlon Rasts-'rollans.16
Thu Open Spaces contain unusual, unique
or outstanding qualities protection of which in the pro-o lnatin natural or open
condition will be f hewflt t the pub c# Therefore, subject o the exceptions
set forth s� �'arar an ace shall he left in a substantially
sph belo�r, e �
oatur&I coition, ski he retuned as open space aid shall he used for �
conservation and passive recreational purposes. r
8
A, Subject to the exceptions set forth in CO
Paragraph B, the following acts and uses are prohibited on the Open
Spaces:
1. Constr ctf ng or placing any building, tennis court, landing
strips, mobile home, swan goal., asphalt r concrete a n ,
sib, billboard or other advertising display, antenna, tower,
utility pole on, below or above the Open Spaces,
2, Mining, excavating, dredging or removal from the Open Spaces
of sails, loam, peat, gracel sand, rock or other mineral resources
or natural deposits;
4
. Placing, filling, staring, or dumping on the Open Spaces of
ref teall =r ash,,-,street~ s Feep .n s, vehicle bodies or parts, rubbish,
debris, construction -arer als, Junk or the installation of
underground storage tangy;
Cutting, removing or otherwise destroying trees, grasses or
t
.5 rose r
any kind, except for governmental emergency vehicles, or ---- -�-
i
Storage of personal property on the Open Spaces,
r Any other use of the open Space which would materially impair
significant Conservation Interests unless - necessary for the
protection of the Conservation Interests that are the subject to
this Conservation Restriction or are within the scope of normal,
subdivision development consistent with the subdivision approval
granted by the Town of North Andover to James M. Grifoni, President,
White Birch Construction, Inc.
B, Zz2epXL2ns to OthwuLog Rrohibited Aotg MMd i The following
acts and uses, even if otherwise prohibited in Paragraph A above,
are hereby a cpr ssly allowed in the _Open Spaces
11 The c ns t r c t i on and maintenance of the entrance way in
substantial conformance with the architects concept shown on the
aforesaid plan, Sheet CftS, including fences, walls, and signs,
. Selective Cutting of gees for Fire Protection, Tick Control,
or an otherwise necessary to preserve the open Space.
, The easements and rights reserved by the Grantor in Paragraph
3 below.
Relief:C, Legal and 101,unctly2
The rights hereby granted shall include the right to enforce this
Conservation Restriction by appropriate legal proceeding and t
obtain injunctive and other equitable relief against any violation,
including without limitation, relief requiring restoration of the
Open Space to its condition prior to the time of injury complained
of (it being agreed that the Grantee may have no adequate remedy at
law) , and shall be in addition to, and not in limitation of, any
other rights and remedy available 'to the Grantee,
grantee's Disclaimer of Liability:
I
By its acceptance of this Conner ation Restriction, the Grantee does
not undertake any liability or obligation relating to the condition
of the Premises,
evrablity Clause:
If any provision of the Conservation Restriction shall to any extent
be held invalid, the remainder shall not be affected,
2
Arty election the Gx4ntee to the manner and timing o �
y its right 1
to enforce this Conservation Restriction or otherwise exercise its }
rights hereunder shall not be deemed or construed to be a waiver of
such rights,
G. Asaizna it =
The burdens of this Conservation Restriction shall run with the Open
3
Spaces in perpetuity if administrative approvals as described in
Paragraph H are not obtained for any reaon, the provisions of the
Conservation Restrictions shall be effective when signed by the
Grantor and shall run for a period of thirty years.
The benefits of the Conservation Restriction shall, be in grass and
shall not be assignable by the Grantee, except in the following
instances and from tine to time:
a
i as a condition f any assignee t, the Grantee requires
that the purpose of this Conservation Restriction continue to
be carried out; and
ii the assigns, at the time of as gent, qualify under
Section 1 of the Internal Revenue Code of 1986, as
amended, and applicable regulations t ereun er,. and under
Section 32 of Chapter 184 of the General laws as an eligible
donor to receive this Conservation Restriction directly,,
H. Effective Datg
The Conservation Restriction portion of this grant shall 'be
effective In perpetuity when the Grantor and the Grantee have
executed it, the administrative approvals required by Section 32 of
Chapter 1.84 of the General, Laws have been obtained, and it has been
registered,
1. a2gerved J&igh&g: Notwithstanding ithstanding anything contained herein to
the contrary, Grantee recognizes that the premises are being
conveyed as part of a single-family subdivision development, and
Grantor expressly retains and reserves for itself, its successors
and assigns, and the ?pen Spaces are conveyed subject to all of the
following reserved easements and rights, all of which are allowed:
,
a. Easements for landscaping, sloping, drainage and utility
purposes in the areas shown on the above-referenced plan and the
right to do work in such easement areas.
3
upwu apswe ImLu, g gasses in quantity and rate) from the
era & 4 by ithe Grantor.
For Grantor's title see dead recorded in North Essex Registry of deed'Book
;+ 4015t Pagd 125,
WITMS may seal this 22ndday of Ault
199
Develo n Inc.
�6s '. Scott President.
fir: Daniel 1 .* E3ettyr Clerk
COMONWEALTH OF MMSACHUS�
Essex, 52.
... .Aunt 22 1994
' ' ems e'raoa1 +�
feared the above-nomad �.i O Ott, 4 A as
aforesaid and ackwvIedged the foregoing trument to b free act and deed
before , ,.
ww
Notaxy Public
MY CO ssion Expires.* loh',�I"
f
INSTRUMENT
1 .
OF TAKWO
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF NORTH ANOO ER
BK 6018 PG 106
Office the Collector of Taxes
i, CHR LES F ENE EN ' , Collector of Taxes for the TOWN OF NORTH ANDOVER
pumuant and subject to the provisions of General Laws, Chapter 60, Sections 53 and 54, hereby tie for said
City/Town the following described lard:
PROPER DESCRIFTION
fTkw daitcr#plion must be sufficloatJy �CCltista t fdentl# the Pray ices and must a lt li�o[3bli�e c�# tef� Y In o of
re later land, the i cote of Title rr tr end The ReOstry Fume &W Pego M # be M n.]
r AOUNT # 981200-25
PROPERTY ADDRESS: CRI Sly CIRCLE 61-102
PARCEL OF LAND WITH ANY BUILDINGS THEREOF, BEING DESCRIBED AS MAP 61
PARCEL 102 IN THE OFF CR OF THE ASSESSORS AND IDENTIFIED IN BOOK 4111 ON
GE 243 AT THE COUNTY REGISTRY OF DEEDS IN THE COUNTY F NORTH E SEX
Y
Said land is taken for non-payment of taxes as defined in Section 43 of said Chapter 60 assessed th ron to �
WHITE BIRCH Il HOMEOWNER'S TRUSS" JOSEPH J. SCOTT, TRo �
for the year 9 -9 , which were not paid within fourteen days air deed therefor made upon [
WHITE BIRCH II140 EOWNE I S TRUST JOSEPH J. SCOTT, TR,
n MAY 15 1998 , and now rends unpaid together with Interest and incidental expenses and
costs to the date of taking in the ants hereinafter specified, after notice of intention to take said land given a
required by law.
19 9 "9 TAXES I INI G UNPAID . 125 ,12
INTEREST ITO THE DATE OF TAKING14, . a . . • • • IF , . 56 ,56 Y
INCIDENTAL L EXPENSES AND COSTS (TO THE DATE OF TA04 ) 3 •,../
SUM FOR WHICH LAND 1P TAKEN . . . # I . 0 . . . . . i . .0 215 .26
WITNESS nay hand and seal. this —— TWENTY FIFTH DAYANUAR , 2001
YM1IIIINIIIVIIpV14PIYV'W----- -- I � I I-I►
"(Date of Takinal
1FEB 22'01 AM10"
(Collector of Taxies)
THE COMAJONALTH OF MASSACHUSE" T
Date:I 03-C C;900
Then personally appeared the above named CHARLES 13ENEVENTO
and acknowledged the foregoing instrument to be hisfher free et and deed as Collector of Taxes,
before me,
Notary Public - Justice of the Peace
M commission a Trek At' ;L6 � 4V#y p
t ,at O'clock and jnin tes M i
Received and entered with ,
Soak ,page Mocument No. ,Certificate of Title No.
Attest: Register
Affidavit of White Birch 11 Homeowner's Trust's Failure t
Provide Certificate of Payment of Common EXpenses
The undersigned,hereby certifies accordance with ►g eer e t dated August 2211,
1994, between Joseph I Scott,Trustee of White Birch 11 Homeowners Trust, u/d t dated August
,22nd) 1994,,recorded with Essex North Registry of Deeds in Book 4111,Page 231 (the"Tr sf
that a a request as made to the'gust for a Certificate of Payment of Common Expenses; and(b)
that the Trust has failed to provide the Cerfficate as required by the Agreement;and c that
there are no unpaid aid Conunou Expenses due and payable by the undenipc the owner of Lot
42 as shown on a plan of lard entitled"mite Birch 11,A Residential Single Family Dwelling
Development in North Andover,Massachusetts Erlich plan is recorded with the Essex Now
Registry of Deeds as Plan No. 12376.
Executed as a sealed iustrmeut on this + da r of , o2 .
By
Arfthew . lerv/ I�we�
COMMONWEALTH OF MASS CHUS1 TrS
On
this JoAay of 2020, before me, the undersigned notary
public, person y appeared, Matthew R. Ruggiero, proved to me through satisfaotory evidence
of identification, which was A.- ZV1 fi to be the person whose name is
signed on the reeedi g or ached document, and no red d o me that he signed it
voluntarily for its stated lose.
►ors
A,
sox"..
My Commission txP, ir * '
� r
�'. .
00; WF.A
+HUIS
II
l
1
{
DEED i
i
i
d
.SDP DEVELOPMENT Co., INC., a Massachusetts corporation or gamed under the laws o
the Commonwealth of Massachusetts, having an usual place of business a erhill, Essex
Counter, Massachusetts,
F
for consideration paid, and in full consideration.of LESS THAN ONE HUNDRED ($100.00)
DOLLARS
grant to THE INHABITANTS of THE TOWN of NORTH ANDOVER, of 120 Main
Street,North Andover, Essex Counter, Massachusetts,
with QUITCLAIM COVF ANTS,
The fee in a certain roadway, know. as Cerise Circle, situated in North Andover, Essex
County,Massachusetts,being shown on a plan of land entitled, "De iitiveP.R.D. Subdivision
Flan, VMte Birch 1' located in North Andover, NIA,, Seale l o', Plan of sots, Lots 1-10,
Date: 1 93, Revisions: 10 12 93; 10 2 93, and 1 i 93, Record Owner: Lawrence A co
R.t ., Tr., 1551 Osgood St., No. Andover, MA., Applicant: ate Burch Constr. Inc., 380 Essex
St., Lawrence, NIA., Christiansen & Sergi,Professional Engineers Lard Surveyors, 160 Summer
St., Haverhill, MA., 01830 which plan is filed with the Essex North Registry of Deeds Play.
No, 123 76.
Parcel is a 50' wide right of way Frith its turnaround known as Cherise Circle, Station
o o on the southerly edge of ate Birch Lane) to Station 3 .89, and shovn on are As-Built
Plan.and Profile of Ch. rise Circle prepared by Christiansen and Sergi, dated October 4, 1995
April 8, 1997$.
For the Grantor's title to the fee in the roadway, see deed dated March 30, 1994, and
recorded in the Essex North Register of Deeds, in Boole 4015, Page 125.
See Corporate Vote, dated March 24, 1994, and recorded in said Registry in Book 4038,
Page 62.
IN WITNESS W REO , the said JDP DEVELOPMENT Co., INC.,has caused
these presents to be signed in its name and behalf by Joseph J. Scott, its President, and Daniel
P. Beery, its Clerk, this 6th day of April, 1999
1
i
s
w
a
f
i
3
I
i
i
JD 'DE,VE LOPMENT CO, INC.
By
,r {
Joseph J. Scott, President
Daniel P. Bed, Clerk
COMMONWEALTH OF MASSACHUSETTS
SS X, SS. pr'l 6, 1999
hers personally appeared the above named Joseph.J. Scott, and Daniel P. Bed, and
acknowledged the foregoing instrument to be the free act and deed of JDP DEVELOPNMNT
O's INC., b efore rye,
Notary Public
My Commission Expires:
5
r
4
fi
i t ■F 1\V 1#f.D
7
J, FORM I C�
i A 'I
4 40 COVENANT
Janua-ry 4 1 19 94
North Andover MA
KNOW ALL MEN by these presents that the undersigned has
submitted an al cation dated August 20) 1993 to the NORTH
pp
ANDOVER PLANNING BOARD for approval a Definitive Plan of a
" "
subd :t
i White Birch II
vision of land en
P .
by: Christiansen & Sergi
owned by: White Birch Construction) Inc
dated August 13 , 1993
address : 380 Essex Street, Lawrence, MA 01840
land located* off Bradford Street, bounded by White Birch I
and showing 10 proposed lots The unders igned 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 approvanq said plan without requiring a
performance bond, the undersigned hereby covenants and agrees
with the inhabitants of the town as follows:
11 That the undersigned is the *owner in fee simple
absolute of all the ,and included in the subdivision
and that there are no mortgages of record or otherwise
on any land, except for those described below, and that
the present holders of said mortgages have assented to
this contract prior to its execution by the
undersigned4l
*If there is more than one owner, all must sign*
RApplicant" may be an owner or his agent of record
must sign the covenant.
2 , That the undersigned will not sell or convey any lot in
the subdivision or erect. or place any permanent
building on any lolk": Until the construction of the ways
and installation of municipal services necessary to
adequately serve such lot has been completed in
accordance with the covenants , conditions, agreements ,
terms and provisions as specified in the following
a. The Application for Approval of Definitive Plan
(Form
b, The Subdivision Control Law and the Planning
Board ' s Rules and Regulations governing this go
Cj
subdivision
I of 5
.# 4 r. f
�sa %
ff
`, x rrr ra # iEli ,p—
t
c, The certificate of Approval and the conditions of 43
Pied therein issued the lain
approval. s � � �
Board, dated November 12, 1993
do The Definitive Plan as approved and as qualified
y Certificate of Approval .
el other document (s) specifically construction to be
completed, namely,
None
However, a mortgage who acquires title to the mortgaged
remises by foreclosure or otherwise and any succeeding
owner of the mortgaged premises or part thereof may
sell or convey are lot, subject only to that portion o
this covenant which provided that no lot be sold or
conveyed or shall be built upon until wars and services
have been provided to serve such lot.
That this covenant shall be binding upon the executors,
administrators, devisees, heirs, successors and assigns
of the undersigned and shall constitute a covenant
running with the land included in the subdivision and
shall operate as restrictions upon the land*
That particular lots within the subdivision ion shall be
released from the foregoing conditions upon the
recording of a certificate of performance executed by a
majority of the Planning Board and enumerating the
specific lots to be released.
That nothing herein shall be deemed to prohibit
conveyance by a single deed subject to this covenant,
of either the entire parcel of land shown on the
subdivision plan or of all lots not previously released
y the Planning Board.
That the undersigned agrees ' to record this covenant
with the Essex North County Registry of Deeds ,
o 'thwi h, or to pay the necessary recording fees to
the said Plann.Lng Board in the event the Planning Board
shall record this agreement forthwith. Reference to
this covenant shall be entered upon the Definitive
Subdivision Plan as approved.
7 * A deed or any part of the subdivision in violation o
the covenant shall be voidable by the grantee prior to
i the release of the covenant; but not later than three
(3 ) gears from the date of such deed, as provided in
Section 1- , Chapter 41 , M*G. ,
2 of 5
k
nil
F,
80 That this covenant shall be executed before endorsement
,. o approval the definitive plan by planning
e endorsement o
Board shall take effect upon
approval. Said covenant shall expire two years from
the date
of the endorsement of the definitive plan& }
`9 letion o the construction o and
nd
Upon final comp
'
installation of municipal services as specified herein,
on or before November 12, 1995the Planning Board
this covenant an appropriate
.. shall release �
4 instrument duly acknowledged. Failure to complete
construction and in
stallation l.ation within the time -specified
herein or such later date as may be specified by vote
o the lan Board with written concurrence o the
applicant, shall result in automatic rescission of the
approval of the plan. Upon performance of this
covenant with respect to any lot, the Planning Board
may release such lot from this covenant by an
appropriate 'nstrument duly recorded.
10 , Nothing herein shall prohibit the applicant from
varying the method of securing the construction t
on ways
and installation of municipal services from time t
time or from securing by one, or in part by one and in
art another o the methods described ,gin M.G., L. ,
p �
chapter security, section 8 -* , as Iona as such y i
sufficient 'in the opinion of the planning Board to
secure performance of the construction and
installation*
For title to the property, see deed from
dated recorded in
i YIII���W �YrFyllll���f�
�^i�iIYY'YII1!����\ i11.YY111111R�f
Registry of Deeds, Boob �I
Page or registered n Land
� and noted on
Registry' a s Document nt N . ., ,
certificate of title No, , and noted on certif icate of
title No. � in Registration Book Page
The present holder of a mortgage upon the property is
o •
The mortgage is dated and recorded
in Registry of Deeds , Book ,
page or registered in Land
'
Registry as Document No, , and noted on certificate
of title no. , in Registration Boob , Page
The mortgagee agrees to hold the mortgage e subject to the
covenants sot forth above and agrees that the covenants shall
have the same status, force and effect as though executed and
recorded before the taking of the mortgage and further agrees
that the mortgage shall be subordinate to the above covenant.
of 5
0A P13 ,45
1 + spouse of the, undersigned applicant40
hereby agrees that such interest as we, inay have in the
premises shall be subject to the rov s .o s- o this covenant and
insofar as is necessary releases all rights of tenancy by the
dower of homestead and other interest therein.
N NESS WHEREOF we gave hereunto set dads and seal this
Of
�� 1 .
1 Y XIMIYwYXX1AMr��',ill,.��'
5
i
wn
Spouse of owner
� rt
Mortgage
Acceptance by a Majority
of the Planning Board o
Mg AIZO
STATENEW HAMPSHIRE
Hillsborough tZs
Theme personally appeared before one the above named
instrument and acknowledged the foregoing to
e .�.... free act and deed.
Notary is �-
Mir Co= s s i o Expires:
COMMONWEALTH OF MA SACH S TT
19
r
9
ss JZ
Then personally appeared before me the above named 0 ,1gz)
�15 and acknowledged the foregoing instrument to
e is., free act and deed.
t4
qNQotar� �io
My commission fires e
of 5
}
3•� ` _ * � "' em41
s 1
cm '+ �
`9 4
. t
COMMONWEALTH of MASSACHUSETTS j
I
SS 9
Then personallyoared before me the above named
and acknowledged tx or going instrument to
be /Z/ free act and deed,.
2
Notary
My Commission Expires;
COMMONWEALTH OF MASSACHUSETTS
s , 1
Then personally appeared before me the above named
and acknowledged the foregoing instrument to
be free act and deed.
Notary Public
my Commission Expires:
of 5
-x
i
DEEDS
o rttri
v
J#
ct
u
N r-
J FAHONEY
BOX 1
r }
i
� Notice toA rLiQai *XuWN K and Cartif ication of Actiou ki-C e.L&wLuxg board
# dvi .o�n Plan et to - - .,�
White Birch I
Christiansen & Serqi dated August 13, �
r ,
3
o •rd has voted to A�' o� said am su e
� NorthAoe * � t to th t
following condit .o s:,
�� That the record owners the auk t landforthwithexecute and record
� �
o
ro ant �. the land" r otherwise provide securityfor the con-m i
struct . o s and the instate at ion o municipal services its said sub-
dvi �, rovid . . c 4 S . U.
. .so p ;
2. That all such construction and instal . t .ons shams in respects
co om to the governing rules and regulations of this Board*
Andover Board o Health in its report o
3*
That as required y t e fort �
�. or other structure s �r e built or placed upon Lots
this Board, s shown on said Pan without the prior
o. Cil
consent of said Board of Health.
4* Other -conditions:
SEE ATTACHED
TMS IS 10 0M**&W )days
have ewpu4 ftm do@ of dWw'filed .
WI#MXA aft of an q4"
+ alit r
NMI Lon }
`own Clerh +
TMG COP"
r
f
Ur + �. are been taken from �.d approval .tom
. � evert that o appeal s i�
twenty days from this datet 'the
NorthAndover P.
Board w ,1. forthwith
thereafl..*er 6ndorse its fomal approval upon said plan*
C
U
r
Victor L. atem Esq.
ot
127 TurnOe Str 01845
North Andovef Mk
NORM 30
�1ovember # 1 93 B * iiica r and lla t cliai an
Date:
}
A
FORM 0
:I- L
G
APPLICATION FOR APPROVAL �' � � � OWN (I'LE11K
MdRTH
,8/20 3
:,To the Plannilig Board of the Town of North Andover:
r 1
The undersed� � applicant
as defined under Chapter 41, S ct On
o a r sad subdivision shown on plan entitled
• a , for spova . ;
"White Birch
dated 9 - -
-q p. r ��
.and bounded as fo , .o ,s:
beingea�i L
,
ry e , southerly by Barker Street Realty Trust c George Barker ,
westerly by Lawrence - lco Regoty
Trust
• � .an in accordance with the Rules and
hereby submits sa�.d plan as a t the
Regulations of the North
Andover Panng Board and makes pp ,.con
o aard for approval l of said plan.
Title Ref ex'
roe: North Esser Deeds I Book 113 3 Page 2 I 9 or i
Certificate o Title No. Registration Boa �e r
Other:
• of evolved from a prey plan submitted
�a.�.d . n has has �
the Board of 19
d approved (withmodi-fications)
disapproved on 1 .
r .
applies for the approval of said ' NIA plan
The undersigned hereby p h a�rd'
. y the Board, and infurtherance thereof hereby agrees to abide
enders . ed here covenants and go .
Rye and Regulations. � fan the
W . the ern
of North Andover s up approval of said DEFINITE
Board:
rdance with the rules and regulations o the
10 instFlaming all ut ,. . .t .es a ooe or the
ara the u Uc 'forks epa~t ent the Highway S� y F
Bo , ias f saidTown,
. of Health and general s rell as zoning
Boar � � of utilities withinthe rr f
a are applicable to t r��nstal .at .on
Sys and streets 6
streets or s � other 'improvements is shown
�� o op�ete and construct t a►
. Sections v and f the Rules and Relations
thereon �n accordance � cross
o� the �
Board and the approved DE NI pang ang profiles
d Dla� profiles? cross action and construction
sections o the says. �� A � . jade
• specifica . . reference, incorporated herein �
specifications are eat s d agree
a
art f this a li anon. This app .cat .or and the cov
he binds upon alb. heirs, ecutor�s adm strators
ments herein sham. p successors, and assigns of the
essors grantees of the %.�hola o � part of said bran � �
undrid; and
3. o complete the aforesa .d insta .
t contro .o � two �
ears from the date hereof*
Received by Town Clerk& .
S t 'rcant
Date; E r 14 hi t e arch Construction
Tim e 380 Essex Street
Si natu . � ddre L e 3 c E'_ , 4` L
� r
f
w r I
S
- White Birch II �
Definitive Subdivision
Conditional Approval }
Planning hoard ' herein roves the 10 lot De init ve
The Sul division, with lot 10 designated as open space . This
su d .v sion approval was requested by White Birch Construction,
Inc , , on August 2
1993 . The Planning Board makes the following
findings as required by the Rules and Regulations Governing the
Subdivision of Land
A. The Definitive Plans dated August 13 , 1993 , rev . October
12 , and November 8 , 1993 , include all o �the iformation
indicated
in section 3 of the Rules and Regulations
concerning the procedure for the submission of plans .
B . The Definitive la adheres t all the design s t n iard
as indicated in Section 7 of the Rules and Regulations a.
C . the
i
e rn Plan an is in conformance with the purpose and
intent of the Subdivision Control. Law .
, The Definitive Plan complies with all of the review comments
submitted by various town departments in order to comply
with state law, town laws and insure the
publ-ic health,
safety, and welfare of the town .
Finally, the Planning Board finds that the Definitive Subdivision
complies with. Town Bylaw requirements so long as the following
conditions are complied with :11. ;
Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the of lowing
a $ The applicant must meet with the Town Planner in order
to ensure that the plans conform with the Board ' s
decision .
5
. A detailed construction schedule rust he submitted as
part of the plans .
C . A covenant (Form securing all Lots within the
subdivision for the construction of wags and muni i al
services must be submitted to the Planning Board. Said
a e released from the covenant upon posting o
lot security as requested in Condition # 3 c
d. Rig o t dedication easements for the proposed
�
wa
roadway shall be prepared at the applicant ' s expense
and provided to the Planning office .
e .
The applicant u s t submit: to the 'down Planner a FORM M
for all utilities and easements placed on the
f
subdivision , The Board will s the document and it
must be recorded at the Essex North Registry of Deeds *
fe All
drainage, water and sewage facility designs shall
be t
roved by the North Andover Divisaon of Public
l
Works . Provisions for water ntrusron mitigation hal. ,
be
i'ncuded in the design and shown on the construction
schedule required n Condition 1 (b) .
must be paid . , and re i f i e d
g . All application fee
by the 'down Planner.
h . detailed street tree l anti list shall be prepared
` n specific material. to be used. �,s list shall
listing
indicate
` quantityand size o r all proposed aterial.
' . Sidewalks c3ew al.} s must be added to the street detail .
�
F . The boundary lines of Lot 1 need to be changed to
eliminate access form Cherise Circle .
is shall be prepared t the expense o the
l� docume
nts
applicant, as required bar the Planning Board Rules and
Regulations Governing the Subdivision of Land
Endorsement
of the plans is proof of satisfaction of the
above cond .t ions .
2 . Prior to the start of construction:
Est be endorsed by the Planning Boa 'd and
The record plans
recorded � Registry'the applicant at the Essex North y o
Deeds *
3 . Prior to
any lots being ele s d from the statutory coven-ants :
a . . ,11
site erosion control measures required to protect
off site properties from the effects of work on the lot
proposed to be released must be in place . The 'down
Planning' of shall judge whether the applicant has
satisfi
ed the requirements of this provision prior to
each lot release .
. The
applicant must submit a lot release FORM J tO the
planning Board for s i gna ure .
• amount t de by
Performance Security in an determined
the
the Planning Board, upon the recor mendat ion
Department of Public Works , shall be posted to ensure
completion
` the work i accordance with the Plans
approved ed a 'art of this conditional approval . Items
cowered bar �
e Bond may include , but shall not be
limited t
i
9
r
a -built drawings
sewers and utilities
. . . . roadway construction and maintenancea
iv. lot and site erosion control.
v. site,!,, �creening and street trees
r ,i . drainage facilities
vie. ." site restoration
v .ii # final site 'c .ea u
}
d. All proper documents and easements required through
Condition l shall be in place .
4 . Prior to a FORM
verification (BuildingPermit Issuance)
o are in
dividual lot the following information is required
by the Planning Department
The applicant,
' cant must submit to the Town Planner proof
that the FORM M. referred to in Condition e) above,
was filed with the Registry of Deeds office *
b . Three (3) complete copies of plans and two 2 copies
o all cur ets o taini g registrar o deeds stamps
must be submitted to the Town Planner as proof o
filing.
lot plan for the lot i question Lust be submitted,
c . which shows all o thefollowing :
1 . location of the structure ,
location of the driveways, ,
iii # location of the septic systems if applicable ,
,iv, location of all water and sewer lines,
V, location of wetlands and any site improvements
required under a NACC order of condition,
vi . any grading called for on the lot, and
vii . all required zoning setbacks .
d.
l l ro� riate erosion control measures for the of
'
shall be place . Final determination aticry o appropriate
measures shall be made by the Planning Board or Staff .
e . All etch basins shall be protected and maintained with
hay bales to prevent siltat4on into the drain limes
during construction'.
f . The lot in estion shall be staked \ n the field to
show the location of any major departures from the
record plan, The 'down Planner shall verify this
information . The proposed layout shall be in
conformance with the recorded plans .
9. Trot numbers , visible from the roadways.. must be posted
on all lots .
# i
y f I
r I
FEW
i
• I
. .o o Cc fic a occupancy being i ssu. d for an
- individual lot , the following shall be required
I
.' a , The roadway\, must be constructed to at least binder coat
of pavement' to properly access the lot in question.
Prior to construction of the binder coat, the applicant
shall ensure that all required inspection and testing
and drainage facilities
has been
of water, sewer, g y
completed. The appl,ic nt must submit to the Town
Planner an interim as -built , certified by a
professional engineer, verifying that all utilities
have been installed in accordance with the plane and
profile sheet ,
er its and approvals for the lot in
b . All necessary
question shall be obtained from the North Andover Board
of Health, and Conservation ommi ,
.ss. on
C . Permanent house numbers must be pos,,ted on dwellings and
be visible from the road.
d . All slopes n
the lot in question shall be properly
stabilized, as judged by the Planning Staff .
e . All lots must be raked and seeded or sodded.
.. s
- I f . There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set , It shall
be the developer' s responsibility to assure the proper
placement of the driveways regardless of whether
individual fiats are sold, The PlanningBoard requ-.res
any driveway to be moved at the owners expense if such
driveway is at a catch basin or stone bound position ,
g $ ' h g
Plannin Board es yes the right to preview the
site after construction is complete and require added
site screening as necessary" and reasonable .
.
Prior o the final release of security retained for the site
by he Tom the following shall be completed by the
applicant :
a . An as-built plan and profile of the site s hall be
submittiad for review and approval .
b . The applicant shall petition Town Meeting for public
acceptance of the streets . Prior to sub fitting a
warrant for such petition the applicant shall, review
the subdivision and all remaining work with the 'down
Planner and Department of Public Work s # The Planning
Beard shad.l hold a portion of the subdivision bond for
continued maintenance and operat ions until. such time as
Town Meetinghas accepted or re ected in favor or
r
i
' I
private ownership) the roadways , It skull be the
} i
de relo er' s r�es onsibil ity to nsure that all proper
easements haVe been recorded at the Registry of Deeds .
c . The Town ' Planner shall ensure that all planning,
{' conservation commission, board of health and department
� of public works requirements are satisfied and that
construction way in strict compliance with all approved
f
plans and conditions , }
5
as
I
i
d. Monuments shall be set on the exterior street line
required by Section 7 P of the Subdivision Rules and
Regulations.
e . two to two and
one half inch cal i er -2 . " street
trees are to be placed every f if ty feet along
both sides of all new roadways .
Sidewalks
are to be . constructed along one side of the
roadway.
complete set of signed plans, a copy of the Planning Board
decision and a copy of the Conservation commission order o
Condition must be on file at the Division of Public works
prior to issuance of permits for connections to utilities .
e Town Planner will review any signs utilized for this
project . The applicant must obtain a sign permit as
re . .
red by Section 6 of the Bylaw. The Planning
Board will
review any entrance structures .
9 . The applicant all adhere to the following requirements o
the Fire Department :
a . en burning is - allowed by permit only after
consultation with the Fire Department .
5..meat
b. Conde rgrg
ound fuel st ra e will be allowed in conformance
the Town Bylaws and State Statute and only with
with y
the review and ap ro ra . o the Fire Departs ens and
Conservation commission.4
10 , The applicant must comply with the Phased Development Bylaw,
Section 4 . 2 of the Town of North Andover Zoning Bylaw.
11 . There shall be no burying or dumping of construction
material, on site .
12 . e contractor shall. contact Dig Safe at least 72 hours
prior to commencing any excavation .
Cable and Electric utilities shall be
� Gas , Telephone, , ,.
installed s specified by the respective ut� sty companies .
i
k
Y
��
1
'
Town Board commission,
or Department which
14 . Any action
requires changesn the roadway alignment, 1ace text of any
easements or utilities , drainage facilities, grading or o
' a to o f cat`�.on y the Planning
cut Ire
]Board.
. The following
waivers have been grantedthe annir
Board;
Section A) (1) (d) t No provisionhas been made - to
continue the street to adjacent parcels as the adjacent'-
parcels are separated from this parcel by steep slopes
a a tr a , making any future connection u l ikel .'
16 , This Definitive Subdivision r al i based upon. a Special
nd
Permit granted in accordance with Section. 4 . 125 , 1 . 3 a
�o
10 . 31 o t North Andover Zoning Bylaw. The SpecialPermit
and Definitive Subdivision approvals are both based upon the
following plans :
n"
a . Plans -entitled: e initi
e �u di i ion P' .�a
White Birch. II
located in North Andover, MA
Prepared for : White Birch Construction', Inc .
30 Essex street i .
Lawrence , MA
Prepared by: Christiansen Sergi
160 Summer Street
Haverhill, MA
r
Scale : as noted
Sheets : I through
Dated: / 1.3 /93 ; rear . 012/93 ; final
revision 11/ /93
cc , Conservation Administrator '.
Director of Public Works
1
t
Health Administrator
Building Inspector
police Chief
Fire Chief
Assessor
Applicant
Engineer
Pale
WBirc II . Sub
i
_ Y
}
f
e
a FORM
i
LOT RELEASE
The undersigned, being a majority of the Planning
n
of North Andover, Massachusetts, hereby certify that.
The requirements for the construction of ways and municipal
set-vices called for the Performance Bond or surety and dated
and/or the Covenant a dated
19 �� and recorded in D" strict Deeds
+t
Book- - Page or rsteredn
Land Registry District as Doc menC
and noted on Certificate of Title No.
in egi r .-ion Book P a�e
has been completed/partially completed � o the
i i...�.
sa s ao JLon of the Planning Board to adequately serve the
enumerated lots shown on Plan entitled 3) 1 re 4 �
Section1 � Sheets
Phan dated ..
9-3 recorded by the gaey
.4 r 't Registry of Deeds, Plan Book , or
registered in said Land Registry District, released
Plan � / 3 7
Plan - ., , and said to arehereby ire .eas d from the
restriction as to sale and building specified thereon.
Lofts designated on said Plan as follows,* Lot Number s and
street (s) )
/0
(To be attested by a Registered Lard Surveyor) `
I hereby certify that lot number �- o
Te �0' --JL -/'j e 2d
C i ` Street(s)
.............. C/ 'e --conform to layout as shown on e-`initive Plate e itled
seo� .o�n Sheet s
,'eg eN urve yo
AL
10
Viet r L. Hatem Esq.
7 Turnpike Street
North Andover MA 01845 '
of 2
1
#^. The Town of North Andover, a municipal corporation S "tUated ini
the County of Essex, Commonwealth of Massachusettsact'ng by
its duly ,
organized Planning Board, holder of a Performance
Bcind or Surety dated 1 and/or
Covenant dated � .9 from
of the City/Torn o
County, Massachusetts se ts recorded with
e District Deeds, Boob t Page
or registered in Land Registry District s Document No.
and noted o certificate Title Igo. , i
y Registration Book, .,,., .,,�.► Page , a k now l d
satisfaction o
the terms thereof and hereby releases its
right, le and interest in the lots designated on said�.d a
follows*
EXECUTED as a sealed instrument this / day o l4tvusr 199/4'.
Majority of the
Y
Planning Beard
of the Town o
North Andover
ommo DEALT i OF MASSACHUSETTS
ss 1 9
Then Personals appeared �.
� i ���J� ��,..L � ore o he boar
merit er o the a nin Board of the Town of Forth Andover,-
Massachusetts and acknowledged the foregoing instrument to be the
free act and deed of said Planning Board before me.
of ry Public
My commission Expires
2 of 2
. %
!
.�
dK
. MorLh - ��G /!.,.[ I<s\\ [
R EEIVED
!
� iSO E } • Q2 ` � Z
A|ƒi.,�
®
z �-�-
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"m- k WOPO
I A LF
FORM M
247
CONVEYANCE OF EASEMENTS AND UTILITIES
JDP Development Co,_, Inc. Mlowner) 0 f 12 RnrTprq Rnad Hauarhil I
County 'Massach U- setts f 6 r t h e
Massachusetts
consideration of ...one Dollar he reby gran is t ran s f e rs and
a
delivers unto the town of North h �Md�=r
the
muni ci pal corporation in Essex County
fol I owi nq
A. The perpetual rights and easements to construct inspect repai r ,
remove , replace , operate and forever maintain ( 1 ) a sanitary s ew e rhmAl
or sewers with any manholes pipes conduits and other appurtenan -�a
ces ( 2 ) pipes conduits and their appurtenances for the conveyance
of water , and ( 3 ) a covered surface and ground water drain or drains
with any manholes , pipes , conduits and their appurtenances , and to
do all other acts incidental to the foregoing , including the right
to pass along and over the land for the aforesaid purposes , in2
through , and" under the whole of Che-rise Circle P
dated 8/13/93 as revised said plan is made and said plan is
n co roo ra ted Ae re 1 n- F for a cO=mpete and detai I ed des cr i pt i on of said
roads
B . The perpetual rights and easement to use for. drainpge
the following parcel of land situated im off White BI"_rch Lane
Street in said town of North Andover
and bounded and described as follows
1* 201 wide water easement between Lots 6 and 7 on Plan #12376;
2, Drainage easement shown on Lot 3 on Plan # 12376; and
Drainage easement shown on Lots 9 and 10 on Plan #12376.
The grantor warrants that the aforesaid easements are free and clear
of al 1 1 iens or encumbrances that he ( it ) has good tttle to trans -
fer the same , and that he Sri I defend the same against claims of al 1
persons .
For grantor ' s title see deed from Alfred F. and Jeanne Contarino
dated March 1994 and recorded in
District 'Registry of Deeds , Book
4015 Page 125 or under Certificate f i cate o f Ti tl e No
District
s t r i c t C
registered in C�
of the Land Court , Book Page OW&
Owli
I To be completed i f a o gaae exists o?AW
7C A
f
And o P
the preen ho I der o f a
0
' bed �_a_nd , whi ch mortgage i s dated
mortgage on Vie above d e s c r i
$ 19 1, and recorded in s ai d Deeds Book
...... Pa q e for consi deration paid , hereby releases
unto tie town forever from the operation i d mortaage th e ri gh
and easements hereinabove granted and assents thereto .
i
Lin IL
2;4L—
Pr 'c Jos h J* Scott Clerk Daniel P. Better
IN IW hereunto set our hands and seals t i
19
5 2476
X
COMMONWEALTHof MASSACHUSETTS
. f s Iwo- �_. 0 .
13
s r�
` - -„~
1
SS
Th en personally app pared the above named Joseph J.. Scott, '.
and ackn o l d e d the o r e c o i6 t e instant si- EU them to be t g f r e e
act and deed , before me .
Notary Public
My rormr�
` ssion Expires
6('oll P
r i accepted Town Meeting
� � This conveyance � s t effective P
or the Board of Selectmen .
i
r{ t r
+
4
F N
L�
at
1--N1
PHISU F [ c'
4, Bf 4111 PG 21
MUSS' �
f, TI CU
Y.
tarsi t 13ase t J- � t agaraa to serve A ' ustaa hereunder
herea€, This Truest ie establish d for the initial and x'ra According pu a o Co
:.:,,...
the aonsurvation of open apace shown a o �antic red "White u pose
dentin
� �eai � dingle ��►i�. +e��r�. iaC�� ��"
avelo nt
p�arrn �.a recorded with e North P n firth A.t�dovear, HA,^ which
ry....
` aacctdattoe it the on&���� ��.�ttx�r v Leda xs Plan �
tri t contained in '
Corm ion
± space to this Trust recorded i dtttel hsraaftear, �n the daati o the.open
X.
►'�T� I
Section 2.1. The f
n ficiaries of this "TruAt shall
tO At Nh(1Yl1� � � be � � oxnsra of I.�tr
oR said ( raira et 'Lot 'wnerg" l ry:.n
. below, a xOn shall bocomo u be e i is autos ti ons�.aCaar�t �r�r�h' ect�on
O"aar d shall av&aa to he a beneficiaryanto>r�.at#.call call �.>�poan i ecoaoain a lot :,..;..
ai to b .
k An'owner, fir' aeptenc of the ? upon ng aR[�Ch
b deed to said lot the Lot <:�>::
ail of the tea of Chlsruat andu1e, de
liar , >.
aundear� to ba recorded at North atriat of ssaxRegistrycations pro
lgated
Section 2.2. The benefi ial intarest in the Tit shall be divided amen
•� ! ' the ....:+�cw.�.
teats of said lots in proportion to the numbear of lot, or ad by each, with
s each tLtUn the }..fY
dot en
�1fn� the aCa o f a
{ "
F bena icial interact in the T�.uxt.
-r
3eot.o>n .3, Tkxc beneficial tntareat appertainingto each lot shall be
held and exercised as a unit �shall not be divided axong soveral owners of a
much lot. `o that end snave>r any of the lots of record are owned b n
}' a rs o ,�
. one � n, the aaveral oers of such ].at shall a determine �' more trot
pn<4
t
f' which one O such owners shall be authorized And anti Cled to> t and , execute
instruments and other�rise axe tax, e�ceaute
rcian the r � .
and (b notify tho "T'r .stee s f such gigs ap�artaianino to aneh lot hereunder,
gnatfon by a notice i w itiD& aigna
' b all the record ;.
;•:•' o�rnera of eucE� lot. 1�tt such designation
upor► a e e#rpt of the notice thereof y gn•ation aha.11 take a foct
4 f b the 'i {
rusraes} d �s be changed at and.
ti as +mod ro ti" to ttma b ft0tica am &foaraaatd. in the absa� a of such notice
+•. of designation, the itustao(s) may desig�nato o such
section
�} /� + owner for such puar�o�ea.
do The undivided beneficial nterast in this 'Trust appertaining
awl 1
to ea lot: shall not be sapa�rated iron owner of th� lot and shall be deemed
coreec or eararcwbered w
ith C *van thou
u�antfod or full• decor � ha lot though such interest is not epara�a�� : IT,
+
{:xrr i. ad In the Conveyance or other
Sscti
xpreealy daclarad that a Trust,
... Senaral partnership, limited partnarshfp, joint venture or other assoc�.atian, has
IES
been created by this instrument and that
the t Owners
'�kF7•+.+ $araGd not panne rr or ,rasociaras between themselves with r oupect�to the�`T>rus
Property, and hoard no relation to the Trustees other than HenaEi iariaa, vit
,.;..{. , only. such aright& as art confarred upon they. as such Banof`iciaries ha�reundor, a .'..
:.-.�..'+,
M1ry -.!k
.�.• } !��.'lY�7}"xis}�''
7�3k'�P ��'
:. .. x
`. M"
I .
A
r { .
f jBK 4111 PARTICLE III Trustees
ia
eotion 3.1 Succaggor.._.Trus_teea
Until the *takeover event*, the Vetoes shall b• able to appoint any
suc eMsor Trustees, and during this period the Trustsss tea► consist of as fav as
} one. The *takeover event" shall occur at the earlier of a 120 days after the
sale of the 9th individual lot by the developer or & successor developer b) two
years from the recording of this Trust, whichever shall first occur.
F
Thereafter, there sham.bo at less three Trus too w but not more than five
such Trustees being etoctod by a vote of the Lot Owners holding not loss than
di
y� fifty-dna ppraent (51%) of the beneficial Lnterast hereunder. Tho Trustees after
the *takeover *vent* shall at all times he Lot Owners. if" and whanaver, the :{
i number of Tmateas shall beoon& less than thras, or less than the number of
. Truatesa doterai ed by the tast vote of the Lot hers, such vaaan ies shah, be
filed by a vote of to Lot O nars ss aforesaid, Uch Grote of the tat owners
appointing a Trustee or Trustees shell be svidencad by an instruwnt signed ire :v
vrit ng by the Clerk of the. Trustees that the Lot Cv ers holding no less than
1 '{ fifty-opt•percent 514) of the ben•ftoial interest hereunder, and the sippointownt
of the Trustao or Trustees shall become effective upon the recording of said
i lnatrument signed and acknowledged by'the person(s) so appointed Tn:Lstea(s) Frith
the Hxsea Morch Diatriat Registry of Oeod.s hereinafter "Registry of Ceada").
Upon the appointownt of ■sty succeeding Trustee, such succeeding Trustee, shall
` have the rishts, povers, autharity arA prlvilages as if n"*d as an original
n T tstee hereunder,
i'
;. Saction'3.2. BaeiCiou or ltemoval of 1rungaes
.. Any Trustee may resign or be 41schargad front the 'gust hereof at any tfme
�4 by an instrument in writing signed and acknoaladged in thy► mannar requirad in
Hassachusstts:for acknovladgmmt of deeds" and such resignation shall take effect
` upon the recording of such instrument with thew Registry of Deeds. By a vote of
the Lot Owners holding not lose than fifty-one pogeent 51% of the bone fici&I
interest hsroundor, any Trustee (accept Trustoom:before the '"takaovar event") may k:
be removed with or without cause, " the vacancy among the 'ruitoe caused by
such removal sham, be filled in the manner provided in Station 4.1 above. Such
t1 removal shall beco>ra effaotive upon the recording with the Registry of Deeds of
a Certificate of Removal signed by the Clark of the Trustees, }:
Section 3.3. No PsguixAd
o TruAtes mad or appointed as herrinbefore providcd, whether as original
` k Trustee or as ■ arsc essor to or s substitute for ar ,th*r, shall be obliged to
give any bond or other security for the psrformancs of any of his duties
hereunder; except If by a majority vote at a duly called Lot Ownsr2 meeting, maid
a Trustee(s) are required to be bonded, they shall inmdiately do so, said cost
�t i j,=
being a Coamn Rxpenae. r
2
;
i
J r
1
}' I
`� tF
I
I
BK 4111 PG 233
� J
t 9
q;..?�.;..
� 1
.`I
i'I [y
gentian 3.4
:r.
.f
I'
Meetings of the Trustees may 6s called by any Trustee if there be no more
than three than in office) or by W two Trustees (if there be more than three .
then in office) or in such'othaar uamer as the Trustees may establish; provided,
i�.
ho�►teva r, that riatice of each ouch meeting, et cIng the. place, day and hour
thereof shall be given at least three (3) daya before such averting to sack
Trustee, caasr scuh notice s#u3I be xalved it writing either before or
after the.
meeting by those Trumtees not so receiving it. A majority of the runber of
Trustees or a single Trustee if there be only one, then in office shall
constitute a quorum at all meetings of T tess and such rules the Trustees may
adopt. Unless othervise provickd by thr Trustees in such rules, all action by
the Trustees skull be by a majority vote of a quor= thereof. Any motion
rewired or permitted to be taken at any *eating of the Trustees may be talon
Vithout a meeting if all the Trustees cons ant to the action in writing and the
written con oats are filed with the records of the meatinge of Trustees.
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a a t Loma b the Trrustee s and
b aal.led t u �
•s i r of the Lot mare ns s
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shall be called by r�heu open the �#ritta�►request of Lot xncirs ho ttg morat thA
tvanty- ikve percent 1 of the beneficial interest hereunder. Vritten notf e. �y
%.
of a such maoti dssi. ti the lace, day hour tho rsof skull Us given
by the Trustee(*) to the L*t mrs at lost seven 7 days prior to the date so
dasig ted. 'Wherever Trustass dean it uecaseatry or appropriats, the notice gent
to Lot hers shall spreity the matters to be discussed at said useti.ng.
Meetings of Lot owners shall bs conducted in accorda►nc• vLth such rules as the
Lot Owners u.ay tdopt.
Section 3.6.
No Trustee shall receive ranumeration for hi.s services unlaes he shall be
appointed am Manager in accordance with the provisions of ARTICLE VI below; �R;i}�'
�D�,
provided, however, that if approved b a vote of the Loot Omers holding no loss }��;
a'
than fifty-ons percent (51 of the beneficial interest hereunder, a Trustee may
receive reasonable renumelrstiou for extraordinary or =usual service, legal or ��k
of arvi■e, rendered by hip► in connection with the 'gust hereof, �?I W
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o Trustee shall be disqu.alifi.rd by his office from eontraati or dealing ;.�il
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with the Trusteed or with one or more Lot Ome r s as vendor, purchaser or
otherwise, nor shall any such dealing, contract or arriingsment entered into Frith s`'
respect to this Trust in which an Trust shall be in Any gay it►teras t ba avoided
nor shall an Trustee so dealingor corktrarctiu or bsi so interemted b liable � � �
a contract at arrangement
f A 3s.
to socourrt for any profit. ras►�.ised by any such da ling, n8 E
y reason of such Trustea'a holding office or of the fiduciary, relation hereby
established, provided the Trustae shah, act in goad faith and shall disclose the
} nsture of his interest before the dealing, contract or arra genant is entered
into. Iis,Q.
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Section 3.8. ,
2n
No Trusties shall be liable to the 'trust or to any Trustos for any act or y
omission of any other Trust**, officer or ■gent of the t t.st or be hold to any
personal liAbility whatsoever in tort, contract or otherwise in connection vith
: I the affairs of this T=at except only that artsLuX from his own willful
nalfeavanco, bad faith, gross negligence, or rack►le■■ disregard of duty.
.'•gin .a n
Any person made a party to any itotion, euLt or proceeding or against whoa {.
a clAtu or liokbLliq is asserted by reason of the fa.at that he, his testator or
intestate ryas or is s Trustee of the gust or active in such capaait7 on behalf
:.� `' to the"bust shall bs iz amnifLed and bald haralesa bar"gust against judgauants,
I
' 4 finsim aswunts paid on account thereof ather in settl went or otherwive) and
reasonable expenses, inol ding attorrkay's fast, actually axed reasonAbly in nrrad
by him in connection with the defense of such notion, ,quit, proceeding, alein of
alleged liability or in correction with any, appeal t train, whether or not the
same pro esda to judgamlant or is ssttlad or othervise brought to a conclusi,on;
r
providad, how6var, that no such parson shall be so indemnLfiod or reimbursed for
any claim, obligation or lf&bilLty r ich arose out of the Trustee's willful
nalfeasanae bad faith gxoss negligence or roakless disregard of duty; anal
proovi.dsd further, thatsuch person Sivas prompt notice thereof, a sarttra such
MT.
:}..,., documents and takes such action as will permit the Trust to oonduot the defense
a; or sattlen nt thereof and cooperates therein. a coat o such ir�deranif,cation
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;`��' x' $hall be charged to all tha I*t Owners as Common Expense. The rights acorufng
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to our person under these p�rov�isionm shallnot exclude any other night to which
J° F„ are may be la ully ontitled, not shall =ythlvg contaLned heroin restrict such
right of a Puttee to contribution as may ba available under applicable law,
f a Ask' l� IV - DUTI PO US OF TRUSTEE(S)
x The T tes s shall have the duty of managing, m,aintaLning and co€ttrollin
FI
the Open gpaoe a�ad all rovents made thereto for the benefit of the }'
bana �.oiJar ies i�naluding the antrance vay, the fancing and the Unds pin and to
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this end shall have, horeinaf tar spaelfied, the followingpowers
i) To a poLnt and arezove at pleasure all of iaers, Agents and emp�,o �eea of the
Twat, presaribs their duties, fix their cos nmAtfon, and raquir• of them such
aaeurarfty or fidelity bond(s) as them may deem expedient. othing oontainad in
this Tnut ,ohall be construed to prohibit the smrployment of any �.ot Owner oar
''.���.I., 'Trustee in any aapaaity xhataoev'ar,
rail and special assessuents {°
ii) To erlatablish, levy and asae,es, and oal�aot done p .
an sat forth in this reauent, including without limitation, monthly and/or
periodic charges
fD i�r.sura s mainte n=ce fenci n and landacapLng, legal.,
p g
:. Accounting, adlainistrati a services, areal. ea is and iclpal taxes and
'. ,k,; :,� assessments, and other oasts and expanses contempl.sto oar provided for in this
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greament (hereinafter
14
O e . The 'trustees shall
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have the duty to take such action am their"y doom reasonably required under the
air to es to collect from Lot hers who fail to pay Comore pe€�sas within 1
{
thirty 0 days of the due date or within such shorter ptriod of time as may be
I 'determined h the Trusteas t[ 1xd#nS without herelimLt rg the generality of
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othervis ead■inister wid Caro for the iY Space.
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v To obtain all o1#.oi.e
s o insrauce required
b
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d such other
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as the 'frusta
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To obtain any legal, accounting, admixistrati e and other
services deemed
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advisable b "the ustea&, to whcn the 'trustees may delegat4 otrtai.n of its
' powers a duties The r taex shall Vs entitled to rely upon the advice and
il}I"I J,
r a aha�.�.
be
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ed � them ��,...
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t accountants other Advisors h
o at orris s �naoun sn� 1
oou�ure�. t �
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'•2. protected in so doing.
s` vi To adopt, mend, modify and resitind from ti :e to tiny and an ores rules and
d a a�rsa l oondu t of the '1
s of the en Space s an th
t� the use � k.
regulationsavert :V
Lot owners and their guests and tenants thereon, Theca rules and regulations
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shah,he binding upon all Lot Dnmars and residents of the subdivi.#ion, leas rind -. ,;f
until they shall be nodi,fiad or reaaindsd by vot+ of the Lot D�+me�cs holding not
less than fif ■ ene ans percent 511k of the bficial interam inn the Tr t�
Mi.) To clause to be kept a complete rscord of all its acts AM4 the affairs of
the Trust and to resent a statealant thereon to the I t, �wra at the annual
q.. .t
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Meeting of the Lvt hers. �'
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;:.. (Viii) To purchase, or otherwise acquire title to or an interest in, sally
=0 otherwise maintain, "anage, hold, use, and di.sposs of any equipment in the
ao xea of their admiuistrati.on and management of the Open Space.
{f=. {ix} To op an and"i.ntain bank aim co ta, and to authorize the dravirrg of checks !
and othar financial instruments, and to keep a full and caapleta rsoord of oil
fi.r3uwcial transactions for Lot Ov ers and to preparepstrtodlc financial reports
and accountings as may ba reason bly requkirad'by the Lot 4-omers.
(x) To sign, seal, a oxledga, deliver and ra istsr in any one or store public I`
offices or places or registarLug all such instruments and documents ss the
Trustees shah dear n608504%ry or desirable is the rxe ur
roise of their powers and .k.
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66 dischlarge of their duties.
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to arx Lot tu^ causing
(xi) To asneea the coat of repair and/or raplaoa�nt �<
any damage to the Open Space.
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xii To take such steps, including the spsr�ditt�re of t� � p
presarvs the Open Space,
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236
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The T rustseM s Fad' a11 reawl astats taxes and oChor n=icipal
` aasera r r to arLs ng out of they ' .vat's MISrALP, cparation And control of they
I .5
{ ,, Open Spsa* end 'zP rGva Arta thexean, And such taxes arA alls*ssmants shah be
char god to all t2za Lot Oxnars as Oacseron E,�rpe�s
u
{ ARIA V - AFPOLNTKENT OF A WAGERThe
or'Onal Trusts"or s sAjorl r of the sucesssor Trustees nAY racamend
+� ;, to the Lee �e ra thwt A nagar be hired to manage and maintain the Open ace
.'kand shall,,in such roc endAtion, state the propo:sd t#ems of amploynent
_ at d the
cart thereof t s
�� app�ro�rewd b Lot D�nara holding no less than se�xen � v
oust (750 of the beneficial into rs,st hereunder, such Mans •ir shall be hired
a upon the terns propcsad and approved, and this cost of his services shell be
E chs.rgerd to all the Lot Ovnars as a Coeaon Exponss
ARTICLE Y 1 " ASSESS FOR COMMON ENSES
�E Section 6.1 BY"COMing banef1cLar1*s of Chia Trust the o e
t; through on said Subdivision plana rep■ to a the 000mon� rs o� Lots 1
P y fxpe�rules of the'Trust.
•
xpenses shall be a4aaesed against each Lot Inez in proportion to his
beneficial interest in the' Tru-st mW shah be payable within thirty (30) days
Interest on aj%ounta raasining unpaid aft*r thirty 30 days sharp. Accrue at the n}
rate of 18% per ate, The Lot Ovner shall also be responsible far all T attorneys
�<.
fees and costs its any action to colliat past dins Common snses,
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THE t'+�tiF.R OF RECORD OF LOTS 1 T'" GH C TIC OF RECORDINQ Off'THIS TRUST
{HER$I� RRFMM TO AS T �? T
" �"ViP1� '� �.�.BE RI?SL"OI�SI]�L�FOR IT PRO-R1►I'
SHARK or cam= s" iiML THE TA ROVER EVES',
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'} NOTWITIIS AN`D'N' THE ABOV$, FOLLOWING TICS TAXZOVZR SUET THE DM PER W1 LL NOT
ti BE RRSPONSIBLR FOR THB "ON MCpEHSZS FOR ANY LOT THAT IS NOT SOLD OR RENTED.
NOT VITH TANDI O TH9 ABC", THS DOPER WILL NO'T BE RESpONSI'BLZ FOR THE COLON
LUENS FOR ANY � "THA_T IS HOT BUTI.DA�ILE. IN THESE x
THAT DEVELOP I HOT
RESPONS"LB FOR THE CQi' ON EXPERStS FM ANY LOT THAT IS NOT SOLD, NOT RMI'80 OR .ryx
NqN-BILABLg THE SON EiSEB OF TIHE REMAINI O LOT OWNERS SMALL pAY THZ
COMMONUPKNSES OTHER 9 AlaDWIZ TO THE €EVEL PER, ON A, FRO-RATA U IS.
The Trustea a sh4l in their discretion, prior to the commencement of each
of sax l
fisca
}� the 'Trust, estimate the coin ExFenssa to be irurred by the
Trust during such forthco" fixeml year and assess each Lot Owner as aforesaid
for such estiatted expenses. In they event the actual Conan E pensas incurred
by tha'Trust&Xcasd such a a t izated sxponAaa, Auppl*mant&I assesssents mAy bs aadee
by the "Truetee s as aforesaid. THAT PORTION OF A LOT QWMM I sjLkRZ OF THE
GOMNON EXPENSES RMIAINING UNPAID MRTY 30 DAYS AFTER THE DATE STIPULATED F
PA'YMM fiIIEREOFi ALONG WITH ANY IN70MT AND COSTS AGCMUING TH$R.EON+ SHALL
CONSTI TUT Ll Mf UPW HIS UYr A
ND ALL I FRQVEKW LII�Yli r,�y,p�
1$ONi Th L A lien JekI I
t4kA effect without the necessity of recording a notice theraof with they Registry
of Doods and shall be binding on all subsequent avners. At the eru# of each
fiscal year of the Trust, the Trustee(x) shall render a►written account to each
Lot (Nmer of the raceipto of and disbursements made by the 'gust during said
6
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° year,Y Upon request, the "Trustee V shall iasua A csrtif'i,cate as set forth in 27
Article X111, hereof that no lion for Ooamm Eatpanses exists on any spacLfisd lot 'k sl
I
in A form racot bl a At the Registry of Daeds r
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Section 6. t � 3
1e lions proVidod for
n Art ale M •
enforced I
in
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. I IIII I II II�
a rnon a rat ��b►an duo, sale a �le � r'edsas subject thereto, in the I'IM1 II I
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marmar provided by law for the foreclosure o mortgages esoonC�in containing �f
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alb, providod that notice of the comancownt of such proceadinp or an
11
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affidavit of such sale is
filed or rscordsd in said ist within too ears
F � ry � �
of e �
the date on -+ri1a1� payment s �
k p yaxx i due, R.
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a liens provided for herein shall be subordinate to the lien of any
mortgage SAven �the. x of&ny such building lot to any bans or other lending
F .
institution; provided} however, that any such aortgoges when in possassion and I'I�;'G.:.
any purchssar at any foreclosure sale, and all person]aLaiming under them, shall
r hold such building lot subject to the o ligatione smd lions set forth in Article ��I F ',�;
I F V1, Seationl 6.1 which havt acerusd a. tsr Gala or possession.
;.: section .3, g ,erve Inca ,;
' I'''i''•�y II
{''r the 'Trustees shall, to the extant the dean advisable not aside ooxon _�aFuruls, for reserve or
.1 I .h
II �
,,yy contingent l iab Mti v, axed may use the funds no set aside
for repair or restoration of the Open Space or iaprov*monts thereto, and the
`.$' d shall not be dossed to be noon profits a►vaila�bl.a for
Y}-4It aside 'i.
S.
AR?TCLF. V11 - R1GMS An OBLIGATIONS OF THIRD PARTIES DFAMY0 WITH TRUSTEE
Section 7.1. Any contract, cony*yanae or other instrument signed by the
original, Trustee(s) or a majority of the Successor "trustees skull be conclusive I
evidence in favor of every parson relying theraon or olaining tharaundar that at
:':..:. the tie a of delivery thereof the eaec"tion and dolivIary of that instrunent was
duly authorized by all the 't rumes, No parson xhA11 be bound to inquire
' c o nc
,;: rn the validity of any shah instrument thus purported to be amide b the � I
Trustee(s) nor be liable to see to the application of any conies paid,
. Section 7,2. No recourse shall At any time be had under or upon are mote,
k.r bond, contract, coyana nt, or agreamont, whether oral or written, mad*, issued,
or executed by the Trustee s individually, or against any such agent or
employee, or against aura taenaficiary, either directly or indirectly, by legal or
Y,. equitable procuading, or by virtu* of any suit or otherwise, and all parsons N.s
extending credit to, contracting xith or hating any claim against the Trustoe(s), U':�#'
shall 1QGk only to the Trust proparty for payment under such contract or claim,
or fry the payment of any debt, damage, judgement or deer**, or of any money that
may otherwise become. dine or payable to them from the► Trustees nor the w�;
bonsfi,claries, present or future, shall bs personally liable therefore,
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-Seation 7.3.
note band o troot order irmtrumnt, certifitate,
undertaking, obligation, covonAzt or agroement whether oral or written, vAds :
+. issued, or executed by the Trustaa s), or by any agent ar amplo ee of the
Trustea(s), shall bin daumd to have been entered into sub j eot to the terms,
conditions, parovixions and restrictions hereof, whether or not express referenca
<, I $hall have been Aada to this instrumnt,
ARTX VIII - NOTICE To LDT OWN M
Ev*ry Wtic• to a Lot Owmr rsquired under the provisions hereof or other
.; tl commAnication which may be deamad by the Tru.stas s to be naoessary or daslrable
'00=10tion Vith tho execution of this Trust or which may be ordorod In any
Judicial Procelding shall be dewed xafteitnt sad binding if a vrtttan or
printed copy of such notice or e0mmmioation shall b•SLven by one or more of the
'1.'wtse■ to auch Lot Owner by losving such or mailing it postage prepaid and
sddraaasd to such Lot Ovn6r at his address in the subdivision or at such other
w: address as shall a ear n the records of e t
�. pF the Trustees.
I -
` a ARTICLE IX
The 'Trustees shall constitute as a depository for Tryst F uds, such bank
or trust eowpany as the Txustas(a) ahali from time to time a4locc. #peaks,
k. no
tss, drafts and other instruments for the paynont of money drawn or endorsed
in the met of the True tea(e) ov of the Truro t Play bo sin ad by say two ( )
Trustees or by one Trustee if there is only one, or by any Kanager to whom such
poorer at any tisa or from time to time be drla8ated by not lass than s majority
of the T
ART
t, "Th4 floral year of this Trust ahall bar the year ending with the last clay of
Diocember or auch other date as may from tin* to time ba determined by the
�. Txvs tae(s),
yfj1 I{ iICIkU X-t r AMMME L
1 F+
' This trust a bit a nded frore ti to 'time h an i.nstrunent in writing
y y
4 signed by Lot Ownars holding at lease two third* 3) of the ban*ftola1 intereAt
horoundar, providad, hovever, that no amendment shall be mmdo to this Artialik and
Articlse 1, Il, VI and 3CI19 and provfdad further that no amendment shall a)
' abridgo tho limitation opt Trustee liability or a 'trustee's right to
} I
ind.a■nification haraundst, or b) pravido that any Lot Ownev notion may be taken
y -one percent 511) o the
a vote a� Tat O�rnes holdin �.rr,�s than fifty-one:
:. bonatioial interest hetourdsr, or that improvements, the cost of which are to be
} �4 charged,as a ow*an Stpanxe, ba authorized by a vote of Lot Owners holding lass
= than eighty 80% percent of the benefioial interest hareundor. Amendments shall
not be affective unless approved by this Town iifanagsr or his deaignae which
approval shall not be wit old if such amndm4ntz do not affact the intarests of
� � I the TOili'p.
Amendments to this Trust sh&Ll not take affsot until the instrument
of amandmant shall be recorded in this Registry Regixtry of Deeds.
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ARTICLS X11 - TZRMMTXON 239 :AFL.
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This Trust ihall Ce a�toswatiaall �� �
ixxa the o North AM over ,
.' accepts ownership of the Open Space pursuant to f.G L htpter 40!, Section
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:'- Section � .�. Upon the �� st of y
t ��ert the Trustee s shall,
r...: within seven 7 days, '
r provide ■ Ceifioate of pam��4t of otaxort �penses, �.� .I.{
x:' �rocorda4bl• form, which a�rtificato sha 1 indicate the amomt of Comon Uper ss, s!;�j'
I
if any, then due by a Lot Owner pursuant to this Agreement, Said Certificate 2i,; N. II'
'4ry' xhall be subatantiaily in the form axed bsrsto as Exhibit A, The rao rding
of said Certificate shall operate to distharg• any lion or snaunbra=e which may ;�;•} ,�a
otherwise be areatod by this Agreement with respect to my Comou expense■, fees
;.•� DX Cher •■ a
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� I'1 n4� indicated 4ri arti iaa provided,}dad1 r we er the
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I.s Certificate shall not act ob i ation of person a the rt
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{,n:: o the osolon ensas b
time the foes were incurred.mason o beingthe record agar of such lot at the
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Section 13.2 In the event that the Trust fails to provtdod the Certificate
of Payment of Comon Expanses within saLd seven 7 da x, the Lot der may
f, raea rd an aMd rit substantially in the fora annexed hereto as Exhibit A stating
=. that a) a request was cads to the Trustoo(s) for the Certificate b that the
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Trustea(s have failed to provide • srtii�icats as regni.xed tdsr this f, ;
Agrotua►t; and (n) that there are no unpaid Common Expanses due and payable by
- said Lot Owusr. The recording of said affidavit shall operate to discharge any
R., ' lion or encumbrance which army otherwise bbibcreated y this A eetrent with respect
. 1'...:. li;i per
to Comon E rpens•s then due aM payable,, provided, however, the affidavit shall
not affect the obligation of any person liabia for the payment of the Comon
Exponmes by reason of being the record comer of xuch lot at the time the faea
were i.nctt.trod.
Section 13.3. Notwithstanding anythi.ng contained in this Agreement, any
lion of •mumbranas whLeh may otherwise be created by this Agreement with raapect
!IT
;.. ':...
4
Corson Upanxes which tsAy at any time bsaoae dam• by a Lot Owner cinder this
Agreement, shall be subordinate to a Urst mortgage of record, whether rocorded
before or efts this Arasmentt
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IN VMMS WHMkWFj Joneplf J. Scott Trustee, has harp nto set his hand
and seal this '� day of
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MCHIZIT A 'I
o darsi nsd heroby cardflad in "cord ►c* vLth an Agreement dated1994 between 'Joseph j, &)DttTrustee of Wits Birch II Homowners
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Trust, u d&tad � 1994 recorded vith Essa7C North Ralintry
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fitness my h*M amd saai this day of i 1994.
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FORM
V"ENAU
January 4 19 94
North Andover MA
KNOW ALL MEN by these presents that the undersigned has
dd
Au
submitted application dated 0, 1993 o the NORTH�
ANDOVER PLANNING BOARD for approval a Definitive Plan of a
subdivision of lard entitled: "White Birch 11"
Christiahsen Sergi ,
plan by*
•
dated. Au 3 13 owned whiteBirchConstruction) Inc.
address: 30 Essex Street, Lawrence, IAA 01840 �
land located: off Bradford Street, bounded by white Birch I �
and showing 10 proposed lots . The undersigned has
requested the Planning Board to approve such play without
re uiri' ng a performance bond.
IN CONSIDERATION of said Planning Board of NORTH AN BR, in
the county of ESSEX approving said plan without requiring
performance bond, the undersigned hereby covenants and agrees
with the inhabitants of the town as follows:
it That the undersigned is the *owner in fee simple
absolute of all the lard included in the subdivision
and that there are no mortgages of record or otherwise
on any land, except for those described below, and that
the present holders of said mortgages have assented to
th I,S contract prior to is execution by the
unde.rs igned.
*If there is more than one owner, all must sign*
"Applicant" nay be are owner or his agent of record
must sign the covenant.
2 . That the undersigned will not sell or convey any lot i _r
the subdivision or erect or place any permanent
t
building on any lot until the construction of the ways }.
and installation of municipal services necessary to ,
adequately serve such lot has been completed in
accordance with the covenants, conditions, agreements,
terms and provisions as specified in the following:
a. The Application for Approval of Definitive itive Plan
(Form
b . The Subdivision Control. Law and the Planning
Board ' s Rules and Regulations governing this
subdivision .
1 of
2
5 9
F 5 5
Certificate of Approval. h
and the conditions of
i
approval specified therein, issued by the Planning
'
Board, dated November 12, 199 •
a
d. The Definitive Plan as approved and as qualif ied
y Certificate of A proval $
e. other document s) specifically construction to be
completed, namely,
None
However, a mortgage who acquires title to the mortgaged
premises by foreclosure or otherwise and any succeeding
owner of the mortgaged premises or part thereof may
sell or convey any 'lot, subject only to that portion of
this covenant which provided that no lot be sold or
conveyed or shall be built upon until ways and services
have been provided to serve such lot.
36 That this covenant shall be binding upon the ex6cutors,
administrators, devisees , heirs , successors and assigns
of the undersigned and shall constitute a covenant
running with the land included in the subdivision and
shall operate as restrictions
ons upon the land.
s That particular lots within the subdiv4ision shall be
released from the foregoing conditions upon the
recording of a certificate of performance executed by a
majority of the Planning Board and enumerating the
specific lots to be released*
5 That nothing herein shall be deemed to prohibit
conveyance by a single deed subject to this covenant,
� ow
o either the entire parcel of land shown on the
subdivision vi ion plan or of all lots not previously released
by the Planning Board.
That the undersigned agrees to record this covenant
with the Essex North County Registry of Deeds,
forthwith, or to pay the necessary recording fees to
the said Planning Board in the evert the Planning Board
shall record this agreement forthwith. Reference to
this covenant sh.al.l be entered upon the Definitive
Subdivision Plan as approved.
deed or any part of the subdivision 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 in
Section 1- , Chapter 41 , MaG, L,
2 of
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8 * That this covenant shall be executed before endorsement
of approval of the definitive plan by the planning
Board and shall take effect upon the endorsement of
approval. Said covenant shall expire two years from
the date of the endorsement of the definitive plane
. Upon final completion of the construction of ways and
installation of Municipal services as specified herein,
' n or before November 12t 199 , the Planning Board
shall release this covenant by an appropriate
.instrument, duly acknowledged. Failure -to complete
construction and installation within the time .seif ied
herein or such later date as may be s ec i f ied by vote
of the Planning Board with a. written concurrence of the
applicant, shall result in automatic rescission of the
approval of the plan. Upon performance of this
covenant with respect to any lot, the Planning Board
may release such lot from this covenant by an
appropriate instrument duly recorded.
o , Nothing herein shall prohibit the applicant from
varying the method of securing the construction of ways
and installation of municipal services from time to
time or from securing by one, or in part by one and i
part by another of the methods described in M.G. L. ,
Chapter 41, Section - , as long as such security is
sufficient in the opinion of the planning Board to
secure performance of the construction and
installation*
For title to the property, see deed from
dated recorded in
Registry of Deeds Boo}
I WI4iliPlilil�l+
Page or registered in Land
Registry asDocument - No * � I.,.,� , �� and no
tedon
certificate of title No. , and noted on certificate of
title
6 Reg " strat or Book , Page
The present holder of a mortgage upon the property is
of
The mortgage is dated and recorded
in Registry of Deeds , Book ,
Page or registered in Land
Registry as Document No. , and noted on certificate
f title no. , in Registration Book , Page .
The mortgagee agrees to hold the mortgage subject to the
covenants set forth above and agrees that the covenants shall
have the sane status, force and effect as though executed and
recorded before the taking of the mortgage and further agrees
that the mortgage shall be subordinate to the above covenant.
of
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.y tispouse of the- undersigned applicant
• hereby agrees that such interest as , we, may have in the
premises shall be subject to the provisions. of this covenant and
insofar as is necessary releases all rights of tenancy by the
dower of homestead and other interest therein.
N W N SS WHEREOF we gave hereunto set our hands and seals this
OIL
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1
Wn
Spouse of 0 w ner
Mortgage --
Acceptance by a Majority
of the Planning Board of
ZVORrH AA1,b6V9K
STATE of NEW HAMPSHIRE
AXXNKX1M z
Hillsborough Countz, /�Y
711PI�IYYY YIYYYYiYYYYY IYIpY47 i���
Then personally appeared before me the above named
and acknowledged the foregoing instrument to
e free act and deed.
LL1,11i
ct
Notary Public . , ..,*...
P.4
My Commission Expires
COMMONWEALTHof MA SACH SETTS
, ss
o 1
Theme personally appeared before me the above named &
AAAEb and acknowledged the foregoing instrument to
f ree act and deed.
L
qNQotary I u ' is
s ' ,gyres : ......
�y ant� �o
of
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COMMONWEALTH OF MASSACHUSETTS
• 4
ss ...........ZF 19
Then personally appeared before me the above named Aj, .=LLNdN,3
and acknowledged the foregoing instrument to
be !!:!� free act and deed.
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My
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Commission fires
COMMONWEALTH OF MASSACHUSETTS
J' SS 1
Then personally appeared before me the above named
and acknowledged the foregoing instrument to
e free act and deed.
Notary Public
mar commission Expires
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FORM M
CONVEYANCE of EASEMENTS AND UTILITIES
White Birch Construction
� InC. �(nameofowner)of 380 Essex St. , Lawrence �(address)
Counter, Massachusetts; for the consideration o . one Do7lar. hereby grants, transfers and delivers unto the
Town of North Andover, a municipal corporation in Essex County, thefollowing:
A. The perpetual rights and casements to construct, inspect, repair, remove, replace, operate and forever
maintain 1 a sanitary sewer or severs with any manholes, pipes, conduits and other appurtenances,
(2) pipes, conduits and their appurtenances for the conveyance of water, and a covered surface and
ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all
other acts incidental to the foregoing, including the right to Pass along and over the land for the
• � her�. i
aforesaid purposes, in, through, and under the whole of dated
oS 3 as revised
said plan is made and said plan is incorporated herein for a complete and
detailed description of said roads.
B. The perpetual rights and easements ents to use for drainage (describe use/purpose)
the following parcel of land situated 3% On Mite Esiren (Street) in said Town of
Forth Andover and bounded and described as follows:
1. o' wide water easement; between Lots 6 and 7 on Plan # ;
2. Drainage easement shown on Lot 3 on Play. # and
3. Drainage easement shown on Lots 9 and 10 on Plan #
The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he it
has good title to transfer the same, and that he will defend the same against claims of all persons.
1rus ees of Lawrence A .co
For grantor's title see deed from' 1 W is dated , 1 �, and
:
recorded in North h Essex District Registry of Deeds,� hey"ewith xR
or under Certificate of Title No. , registered in District of the Land Court, Book
Page
This is not a homestead property.
To be completed if a mortgage oxists:
And' the present holder
of a mortgage on the above described land, which mortgage is dated , 1.9 � and recorded
in said Deeds,Book ,Page ,for consideration paid, hereby releases unto the Town forever from
the operation of said mortgages, Lhe rights and easements h in Bove granted and assents thereto.
Authorized signature of Mortgagee n
IN WITNESS SS H R OF N0 have here set h ndsKa N, this d r o
19 9 "
e n i "es]-dent i rch Con - c i o , Inc.
STATE OF NEW HAMPSHIRE
Hillsborough ou n y
SS -W) J�y e 19?Y
Then personally appeared the above named � �~� ' � �k � � and acknowledged the foregoing to b
- free act and deed, before ni ,
'COD` f
Notary Public ,
5
My Commission Expires,
ii
, :
NOTE: This conveyance is not effective until accepted by Town Meeting.
F
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{+ FORM
e-
OrF of EASEMENTS AND UTILITIES
oRnad- T4a3nna;bj 3 D De elo � n • a ##..
Massachusetts
} a h setts f r sor the
consideration of one Dollar hereby grants , trans '� and
delivers unto the torn of Igo a
uni ci al cor oration ire sse�E County the t
� _
following :
The perpetual ri a is and easements to construct , inspect ) repai r , M
e 10 r forever
maintain ( 1 ) a sanitary sewe&4
repo e , � �
o sewers with any manholes , pipes , conduits and other appurtenan
es i pes ,, conduits and their appurtenances for the conveyance
of covered surface and round water drain or drains
water , and ( 3) .
with any manholes , pipes , conduits and their appurtenances ) and to
do all other acts incidental t the foregoing , including the right
to pass alarm and over the land for the aforesaid purposes , in ,
through , and under the whole of Cherise Circle
dated 8 a revised � said plan is made and said pi i
i ncoroorate ere n for a complete and detailed description of s a i d
ra ds ,
B . The perpetual rights and easement to use for d aina
the followinq parcel of land situated imoff h7.te Birch Vane
Street in said town of North Andover
and bounded and described as follows :
11 01 wide water easement between Lots 6 and 7 on Plan 1237 ;
2. Drainage easement shown on Lot 3 on Plan # 1 3 * and ;-
Drainage easement shown on Lots 9 and 10 on Plan 2
The grantor �� arrats that the aforesaid easements are free and cea '-
of all liens or encumbrances , that he ( it ) has good ti-tle to trans -
fer the same , and that he will defend the same against claims of al 1
persons .
For grantor ' s title see deed from Alfred F. and Jeanne contarino
d t e d March2 4 . and recorded i n
,. District Registry of Deeds , Book
14015 Page or under Certificate of Title No .
registered in District
o the Land Court , Book � Page •
To be completed if a mortqaae exists :
And o
the present o der o a
mortgage on the ove e ]a- , which mortgage is dated
19 and recorded in said Deeds Book
a e for consideration paid , hereby releases
unto ttie own forever from the operation of s , Od mortgage , the ri h "'
and easements liereinabove granted and assents thereto .
a P
P Development Company, ..
By
hk
Presfe - josah J Scott Clerk Daniel P. Betty
WITNESS ' HEREOF we have hereunto set our hands and seals this
22nd. day of
1
COMMONWEALTH of MASSACHUSETTS k
SS 19
Es=x Auggst., 22
Then personally appeared the above named Joseph J. Scott, -
n d a o l d o d t r o f no 'Co b instrument igned per then to be the
act and deed , before me .
Notary bl i ,
.W
MY sS i on E xp i re s
NOTE
This conveyance is not effective until accepted by Town Meeting
or the Board of Sl ectmen .
i
G OF EASEMENT"
I
JDP DEVELOPMENT Co. r INC. , for consideration paid of One �
($1*00) Dollar, hereby grants to the Inhabitants o the Town o
North
Andover Essex County, is sachu ett t a easement
to
�
pass
f
and repass on and over the way known as Cheri se Circle and to use
r
x' said Cheri se Circle for all purposes for which streets and ways
North Andover Massachusetts. Cheri e
are commonly used �, ; � ed
Circle is more articular described on plan land ent�t�. �
i
1t De n t ve .R. � bdivision Plan hate Birch I n.
located i
North
Andover, MA. 11 which plan is recorded with the Essex North
District Registry of Deeds as Plan #12376f reference is made to
said ,fan for a more particular description of Cheri se Circle.
�
Grantor expressly er reserves from the conveyance hereunder �
free .interest of the land in Ch ri a Circle. �
Being a portion of the premises conveyed to the Grantor by
deed recorded in North Essex Registry Bookf Page 12 ..
In Witness Whereof the said JDP Development Coot Inc. has
caused red its corporate seal, to be hereto affixed and these presents
to be signed, acknowledged and delivered in its name and behalf
by Joseph J. Scott its President and Daniel P. Bettyr its Clerk
hereto duly authorized, this 22nd day of August, 1994 .
MF..-
edet ....w
y: h `. Scott,
By:
Daniel betty, Clerk a
i
t� k
COMMONWEALTH of MASSACHUSETTS •�
. ,august 22 , 19
Then personallyappeared the above named Joseph . Soot:,
Betty, acknowledged the
President and Daniel . Clerk and ac nova , g
instrument signed by them to be the free act and deed
foregoingg
of JDPDevelopment Co. , Inc. , before me
NOTARY PUBLIC
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Commission Expires : t aje 4P