HomeMy WebLinkAbout1993-10-13 Legal Documents DEF SUB - Meadowood II Date: 1112J93 nmo: 1"1:42:40 Page 1 of 10
'14N/IEAD011700D 11
MASTER DECLARATION OF MEi-kDO11170011) 11
IN NORTH ANDOVER, MASSACHUSETTS
RESER17ATIONS AND RESTRICTIONS
This iM rite r Declaration of Meadowood, 11 inade day of
November, 1993 by Thomas D. Laudant', Trustee of 1-1ilkids Realty Trus.t. 11/d/t
dated June 16, 1993, recorded with the Essex North Recyistry of Dceds at Book
Pa e
g (hereinafter referred to as Declarant), being the record mvil er
of certain land located in North Andover, Essex Countv. Massachusetts.,
hereinafter more particularly described in Article I bel 0*'117.
WHEREAS. Declarant in'tends to create a i-esid(.--tnt-1a1 communitv on said
land, together with other am enities therein, includilic, Without hn ' 0 11)1,
initation'. p:t ic
and/or private ivays, for Circulation. access to, r es'den ces and utilit y services*., and
WHEREAS, in furtlicrance thereof it is desired to establish coninw-)n and
mutual covenants, conditions, reservations and restrictions
NOW THEREFORE, Declarrant hereb y declaresl, proi,,ides and covenants
as folloivs:
ARTICLE I
SUBJECT PROPERTY
A certain, parr ei of land located in North Andover. Essex County,,
Massachusetts and slimy on a plan entitled "Special Per and Definitivc Plan
of Meadoivood 11. North Andovel-, Mas,s". dated AIN. 1993. bv Merrim ack
Engineering Services, Inc. 66 Park Street, Andover, MA 0 18 10. ivIijeh plan has
been filed ivith Essex North Re(-,'
,--istry of Deeds as Plan No. Comprising
of and encompassing Bucklin Road and Lots I throucyli 13
shoA-vii on said
Plan, ( the "Plan").
ARTICLE 11
LAND CLASSIFICATIONS
PROPERTY USE AND RESTRICTIONS
Section 2.01 Land Classificatiolls
The land ivithin Meadoivood'is hereby divided into the fol o ii cy use
class ificati Otis:
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A. .Resident Areas. Referring to each of the lots numbered I throtia h 13
as shoivta on the Plan.
B. Common Areas. R.efet•rillg to the, easements now desicniated of
record, or to be hereinafter desicynated b�r Declarant in its sole discretion as
being reasonably necessary. beiiia situated within the subject property rdescribed
. - � �� pl ol.e�t;�
In Article I above and the appurtenant rights and easements to each lot olviler.
during each lot oivners period of own.ersllip to use the roadiva ,, together er with
others lawfully, entitled thereto. Declarant expressIv reserves the right to
dedicate or eonvev to the Town of North Andower tlie way - .
ati slioA�F?li as Bucrklin
Road oil the Plan as a public wav at such time as the town is A1Iillincy to accept
such dedication or conveyance including the right to convey to the town the fee
interest of the land in said way.
Section 2.02. Residence Ai-eas; Permitted Uses and Restrictions.
Each Residence Lot shall be for the exclusive use and benefit of the
owner or owners thereof, subject, however, to all of the following limitations
and restrictions,.
A. Residential Use. No building or other structures of any,, klild shall be
erected. placed or allowed to stand oia a Resident Lot except a sil cilc: family tivo
story residential dwelling house permitted under applicable laly, to.�etlier with
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accessory buildings and structures norimrilly appUrtellallt to such a c 7eII111.ar
situated its North Andover. The fore oincy restrictioli shall not t� � � ,
`l� to tl e
existing structures oil Lots I and. 2 and the structure to be moved onto Lot 12
insofar as it requires a two stor-\7 dwelling with a I7aracre constructed as all
integral part of the divellina house. No c7aracfe } � �. oelL_ � shall be txsc�d for tl�c� stol a. c, of
commercial vehicles or construction eguipnlent. No business activities ofaliv
nature s iall be continuousl)f or regularly conducted upon anwr Residence Lot, and
no advertising signs shall be displayed thereon, except that a a iv�.. la 'L cr, p17y 5�c1a1�,
architect, dentist, real estate broker, insurance a�.Tent, artist. or writer residnig
a dAvellilig Douse thereon may maintain an office for leis/leer professional use
subject to the provisiol s of the North Andover Zoning Bar-law, and may eni plov
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not more than one person and may display a small professional nameplate oti the
Residence Lot. Nothing herein shall be deemed to prevent the leasincT of a
Residence Lot from time to time by the olvner thereof subject to the provisions
of this Declaration. Nothing contained in this Master Declaration slaa1l be
deemed to prevent the Declarant from (i) maintaining a model hone. business
office and/or construction geld office oil any of the Residence Lots; ii
conducting business activities upon any Residence Lot 1vitll such number ber of
employees as Declarant shall desire; i ii maintaining or storin �-
of con�n��.lcal
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vehicles oi• Construction. eC uipmellt; or (iv) dis la��ii�� s��cli advertisil��� �'� � ,
�. � Sl�nIS as
the Declarant niav desire.
B. Animals. No pets, animals or birds shall be kept or Ilia inataitied oil anv
Residence Lot, beln]cr of such type or nn such number as to be noisv or offensive
and no pets, animals or birds shall be allowed to pass onto or enter land 1v�' '
�- itl�1n
Meadowood II other tllali the Residence Lot of the o-vviier thereof. unles
s sucll
pet, animal or bird is suitable leashed, caged or otherwise phvsicall r
. � .. ti controlled
aiidloi• restrained; provided, however. iloti ithstandincy the foreooilio no polilti.
house or yard, rabbit hutch, doh, cat oi- otlei• t�T�e of kellnlel shall be -
. ctectc�l o
maintained oil an��, Residence Lot nor shall pins or other bariward animals be
stabled or maintained thereon.
C. Inw rovenients and Alterations. No buildiners. fences or structures of
any kind. oi• additions thereto. �� ,1. , , .reto. or l��,��aV s shall be erected placed of alloiired
to stand upon any Residence Lot until the size, specifications plans. and
locations thereof shall have been approved in writincT by Declarant, or al
architect so designated to perform such professional service by Declarant
Declarant shall have the sale and exclusive ricylit to refuse to approve al .\r Plan.
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design specifications or building materials which Declarant deems not suitable or
desirable for the overall development of Meadowood II. No loam., sand v
. . cyrtea e1.
or other soil material. except that resultinu from c:ustomary landscaping and
construction permitted and approved hereunder, shall be removed froill aiiv
Residence Lot. The erection of any approved structure Residence .
�p rc oil a Rcsidc,nce Lot, one
begun, shall be carried for���ard to completion ��ritl� reasonable dil'�7-
- ngenlce,
specifically includincr the landscaping thereof.
D. lenivorary Occu ancv. No trailer, mobile home, camper. temporary
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building or structure of any kind, shall be used for a residence. either
temporarily or perniaiiently.
E. Trailers and Tents. No trailer, mobile hone, commercial vehicle
construction equipment,ent, camper, permanent tent or similar structure, shall be
kept, placed or maintained upon anv Residence Lot or on aiiv N,"elilculay• access
areas in such a manner as to be visible from neighboring pro ert provided
however, that the provisions of this paracri•aph shall not l to tei1 _orai-
p y
construction shelters or facilities maintained during and used exclusi�rely li]
connection with the construction of an improvement approved by Declarant.
i , of
its designee.
F. Nuisances. No rubbish., debris, dead trees or heavy c brush of anv kind
on
shall be placed or permitted to accumulate a all), Resid ence Lot ivh' . '
p � l� ���11
or may render the same, or any portion thereof, unsanitan•y, unsightly. offer '�:,
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or detrimental to any other Residence Lot, and no activity shall be coildlicted oi-
maintaiiled which is or may be offensive or detrimental to any other Residence
Lot in the vicinity thereof, or to its oc etipants.
_ i G. Repair of Build nL7s. No buildis or struct��re upon a � , Residence Lot
shall be permitted to fall into disrepair, and such hildincy and structure shall at
all tinges be kept in good condition and repair and adequately painted or
otherwise finished.
H. Trash Containers and Collectors. Trash, rtibbish and (YarbacFe shall be
kept in cohered containers which shall be properly screened and/or enclosed
p � so
as not to be visible from iieiorl borincr properties or roadways. except for stich
necessary periods when stich containers are made available for collectio 1.
I. Communication Facilities. outside television and/or radio antennas or
aerials and satellite dishes and other similar outside conlnitinication facilities are
prohibited.
J. Clothes Dn iiia Facilities. No outside clothes limes or other outside
facilities for di•311110, oi- airing clothes which are visible from iieighbormocy property
shall be erected or maintained on any Residence Lot.
K. No Above-Ground Swinimijig Fool, No above'.-ground mviniming pool
sl all be erected or maintained on any Residence Lot.
L. Restrictions on Further Stibd vision, No Residence Lot shall be
further subdivided. except b); Declarant,
M. Signs... No signs shall be erected or maintained oii ail), Residence Lot,
except: .
(I) Such sighs as may be required by lain-,
(2) A residential identification sign having a total face area not
larger than seventy-two (72) square inches-,,
(3) Duriiicy the time of constructim of airy building or other
improvement. oiie job idei.itification sign not larcFer m area than
three (3) square feet:
(4) A. "For Sale" or "For Rent" sign. of reasonable type. size and
appearance, but only if attached to the buddincT (and ilot fi`ee
standing or attached to any pole or tree).
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Date:1112193 Time:11:48:27 Paqe 5 of 10
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N. Swing sets. No swincy set inay be installed or mahitaiiaed oia am,
Residence Lot unless it is a i-vood structure and has been approved �7 b�r
i��. "4vi i�.� a4
Declarant or lais successor as provided herein.
Section 2.03 Residence Areas: Construction of Ina rov*ements aiad
Alterations,
A. Application for Approval of Im )rovements and Alteratioias. Aliv
owner of a Residence Lot pr•oposinu to make any improvemem wili(:la, tiiaclei-
Section 2.02 laereof, requires the prior i ritten approval of Declarant, or its
designee, shall apply for approval by deliveriiag a written application describiiac,
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the nature of the proposed improvement, together Nvith such of the folloi-v-11ig
documents aiid information as are pertinent, in such number of copies as the
Declarant, or its desicrnee may require.
(1) A plot plain of the affected prop erty shoeriiacy the location of
existing and proposed improvements and alterations;
(2) Fluor plans and landscaping plans;
(3) Draivi"Mys showiiar all eleNfations.
(4) A. description of exterior materials and colors. ivith color
samples; and
(5) The oi-'iaer's proposed construction schedule.
B. Basis for A R L�ioval of I111 orovenmits aiid .Alterations. The Declarant.
or ito dooignoo, olaall, after oonoidoration of tlao itoina out forth in tho forogoing,
Para.raph .A atad such other matters as it deems necessary. cra.iat tine re Hosted
approval if the Declaraiat. oi- its desicynce, deter•iaaiiies that:
(I) The proposed improvement or alteration conforms to the
provisions of. this Declaratioia and the re,strictiom hereiia ,set
tOf`th r
(2) The proposed improvement or alteration is reasonably compatible
1
JAvith the staiidards of MeadoAivood II and the purposes of this
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Declaration as to quality of 1.vrorkmanslaip acid iaaaterials. as to
laarmony of external design ivith existii g sti•uct zres, and as to
location ivith respect to vegetation, t)7pogra hy, finished grade,
p . .
and viers from other buildiiigs and building sites; and
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Date:11J2193 Time:11:49:41 Page 6 of 10
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(3) The proposed improvement or alteration complies i-\,ritli all
applicable laws, specifically including the zoning by--laws and
building code requirements of the Town of North Andover,
C. Form of A p roval. All approvals given under the foregoing
paragraph shall be iii writing, provided, however, that any such application for
approval which has not been acted upon within thlrt}l (30) days from the date of
• y
submission thereof to the Declarant, or its desicrnee, shall be deemed approved.
In the event of such failure of Declarant to act upon such application within said
thirty (30) day period, the owner of the Residence Lot which submitted said
application may record at the North Essex Registry of Deeds an Affidavit,
sworn to under the penalties of pc�jury, reciting same, and said affidavit shall
upon recording be of the same force and effect as a certificate of issues
approval i pt cs
by Declarant. The deed of a particular lot by Declarant shall be conclusive
eNlidence that as of the date of such deed the approvals required hereunder
have
been granted as to the lot conveyed,
D. Proceediiicy with work. Upon receipt of approval from the
Declarant or its designee, or upon the lapse of thirty (30) days without action as
provided in Paragraph C of this Section 2,03, the owner of the Residence Lot
shall, as soon as practicable, conimetice and diligently proceed with the
proposed construction. refinishing, alterations and excavation in accordance i-lith
the owner's proposed construction schedule set forth M � ,
the�. documents
e t����e t�i s
accompanying leis/her application for approval.
E. Failure to Complete work. In the event that the construction.
recoiistruction, refinishing, or alteration of any improvement is not completed
within a reasonable time or havizxg been completed does not conyp iv with the
..
approval therefor given, the Declarant, or its desi�.�nee, may direct and order the
oti%,ner to remedy the non-conipliance or remove the improvement. If the o��r .
p ner
does not comply with the order within the period set forth in the order, the
owner shall reimburse the Declarant. or its designee, upon demand, for all
reasonable expenses and leual fees incurred in coni 'on with the
1 enforcement
thereof.
2.04 Association of Homeowners.
A. After the Declarant has conveyed all 13 Residence Lots the then
record owners of 9 or more of the 13 Residence Lots may for an association of
homeowners (the "Association"). The purpose of the Associ atioii shall be to
assume any and all ricylits and oblicrations of the Declarmit under the Declaration.
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Date:11/2/93 Time:11,51:12 Page 7 of 14
including Nvithout limitation. the right to approve or disapprove ally request
which requires the Avritten approval of Declarant.
B. The Association shall be in such form as voted bN7 the record owners
of 9 or more Residence Lots, provided that the formation of~the Associatioll
shall be in writing, executed by the required record olvners of Residence Lots
and notice thereof shall be recorded with the Essex Nortli Recyistry of Deeds oil
1 �liclxotice reference shall be made to the Declaration,
C. All rights of approval by Declarant pursuant to the Declaration shall
expire as to the Declarant. but not as to the Association if and ivheii created,
upon the earlier of:
(i) six (6) months following the sale of the last Residence Lot b�7
Declarant; oi-
(ii) the formation of the Association as provided herein.
If after six (6) months following the sale of the last Residence Lot b�,' the
Declarant. provided herein, no approvals no Association is formed, as p a pl shall be
necessary as to matters requiring the written approval of Declarant unless and
until such time the Association is formed.
D. Notwithstandincy anythincy contained herein or the Declaration to the
contrary, so loncr as Declarant owns aiiy Residential Lot(s), Declarant shall ha 'e
the sole and exclusive right and authority to approve or disapprove anv request
which requires written approval and so long as Declarant of-\Ins any Residence
Lot(s) no amendment affecting these ricylits shall be valid wiless executed by
Declarant,
E. Nothing contained herein shall prevent the Declarant from assi.11ing
its rights as Declarant to a third party which shall succeed to Declarants uhts
and obligations hereunder. A conveyance of one or more Residence Lots to the
assignee of Declarant's rights and obligations hereunder shall not be deemed to
be a conveyance Nvithin the meaning of this Article or the Declaration.
ARTICLE III
MISCELLANEOUS PROVISIONS
Section 3.01 Amendment and Duration
A. Amendment, Except as 'otherwise herein expressly proirided, this
Declaration may be amended at any time by:
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11 •ate r 1114". I f.VA-16f t-OL90 U 01 IV
1. A vote adopted, or ivritten consent to, the proposed amendment
by the record owners of 9 or more of the 1.3 Residence Lots,
Such amendment shall not be effective until there has been filed
and recorded a certificate signed by the Declarant, or its
designee, setting forth the amel. do ent alid the facts relatin.i to
its adoption. However, no such amendment shall be adopted
that substantially derogates from the original intent and purposes
of this Declaration or otherivise is to the detriment of the
Residence Lots or Owners: or
2. The Declarant, who may amend this Declaration for any purpose
so loncy as Declarant is the record mi'�ner of not less than 2 of
the 13 Residence Lots,
B, Duration of Restriction. Subject to the prol�isions of Para.crraph A of
Section 3.01 hereof., the restrictions set forth iii this Declaration shall conti����e
and remain in full force and effect in all events until thirty (30) years front this
date, and may thereafter be extended and continued ill full force and effect for
further periods of twenty (20) years each in the manner provided ill
Massachusetts General Laivs Chapter 154, Section 27, as it maN, be amended
from time to time.
Section 3.02 Enforcement and Non-Waiver.
A. Rliflht of Enforcement. The restrictions set forth in this Declaration
are for the benefit of all the land described herein and shall run A�iith the land.
Except as otherwise provided herein, any owner of any Residence Lot, the
Declarant, or its lawful designee, shall have the right to enforce any or all of the
provisions of this Declaration, including ivithout limitation, the restrictions
herein set forth,
B. Violation of Law. Any violation, of ally applicable local, state or
federal law or �Lyoverimient regulation pertaining to the olvllcrship, occupation or
use of an-v property ivithin Meadowood II is hereby declared to be a violatioiz of
this Declarations and of the restrictions herein set forth and subject to any,, or all
of the enforcement procedures set forth in the Declaration.
SECTION 3.03 DellITIN of Notices and Documents.
Any written notice or other document relating to or required by this
Declaration may be delivered either personally or by mail. 1f by nail, it shall be
deemed to have been delivered forty-eight (48) hours after a copy of same has
04101,1 I/Wod TWO.,11:03:bb Pago 0 of 10
been deposited in the United States mail, certified or registered n1a,11. postage
p repaid, return receipt requested. sec l
arant's mailing address shall be 733
Turnpike Street, Site 209, North Andover, Massachusetts 0 1845 or such
address c ontained on a notic e recorded Avith the Essex North Registry of Deeds,
on which notice reference shall be made to this Declaration.
Section 3.04 Construction and Severability: Singular and Plui-al,
A. Provisions Severable. Each of the provis'
ions of this Declat-ation
shall be deemed independent and severable, and the invalidity or partial
invalidity Of any provision or portion thereof sliall not affect the vallditv or
enforceability of any other provision.
B. Singular Includes Plus-al. Unless the mitext requires a mitrary
cotistruction. the sincrular shall include the plural aiid the plural and singular- and
the masculine. feminine or neuter sha 11 include the niasculine,. f6mimne wid
neuter.
C. Captions. All captiolls or titles used in this Declaratioil are intended
solely for.convenience or reference and shall not affect that NvhIch is set forth M
any of the provisions hereof.,
D. Definitions, Whenever the context so perinits, all refei-ences, to the
term "Residence Lot" c ontained within this Declaration shall include each Lot
ilumbered, 1 through 13 inclusive, as shown on the Plan.
HILLSIDE REALTY TRUST
B� 0 100"
Thomas D. Lauda—�rj."�
Trustee and not Individually
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS.
Novemberd-- -- 1993
Then personally appeared the above-named Thomas D. Laud cllli and
acknowledged the foregoing instrument to be his free act and deed as trustee of
Hillside Realty Trust, before me,
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Ual ;11/919 Time:I i!bb-fOb pago loot 10
CL
Notary Public
My collinlissioll expires:
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NollarY Publ'
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LAWR REGISTRY OF DEEDS TEL No . 1-508--68 -4679 Dec 2 . 3 : 04 110
LIZ
1 rr
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1 fir'
93 04
by thagia pray*ntg fitted an appl icaiohit the undtr-
�►�� � � d�t�c� Au gat �� s�- nod has
�WNIN' 3to t
Subdi,vi s ion Of land forp� oV� 14 el fin t� v* P
Ply RA i t l ad t Me o 1�n a
b�i Marritua�k �x� aver
�.'Ced; J 1 Services,
3,3 T u n f + St e �Uts NorthI u,
31�,, A addrema "I . v de � �'Y �`ru�C+�
3 A rid loca e.d d� over t�ve r, V'45" F�
and ahowing 13
roquested the ,� � e and - --
�,a�n �,g board approve ��`�f�n�� M a$
"Viring a performance bond. ��an Without .4
*u/d/t dated Junco 16, 1993 -..
IN 00H9Xbt ►TI0N of
the count aid Planning Board of No
4pproviar Q� n n s yid P� n w,i thout
the undars ngd he �'+�gvir ng &
With the Inhabitahtm � , reby coy&n4ht, K�
the town and agrees
war
3r That the 'underaLZnod ia the
AbXQx tQ Q;t all -the *Owand inin to" u in l eiend f ���ud�� subdivit;jo
th4t thera are
n0 toortgages of rOcord n
0n AnY lands eKCe t f� �r �t��t-w�t�a
tea r thoaa �dasoribad
OsOnt h0ldtry Of a low, and that
this �� said ���`������ h�v
ntrAct prior titaa 46&anted t
enders i ned �` axecut� on by th
*lf thOra ig more than�����Z���rttsr )PO �na owr�gowner Or hir� tixl mint Sign
n
Ust s iVn th* OGV6nant` &gGnt of r000r
Th&t the U11derailned will not
��+� �u�d�w#.r��, 11 or conVo �n Z❑
n Or aract or �' a t in
dui lr�f ng on an �, ��a�� �n� ����n�
Y of Until the "nstr nt
and installation Of u�ti�n �� the waysaerve
to
SUch thot h&4 been co
With COVenant m �n
terms and provisions �n itlong t 40roemsnt� �n� �� ��a0ai find in ��
the following,
A& The ApplicAtion for Approval(Form y 1>1An
Ths �iQn Control La
B o and'a Sul � t� and the .a nn
�
i Sri St , rn n9 this
NPtwithqt4nding anything sac €ntri, 4�
4
LAWR REGISTRY OF DEEDS TEL No . 1-508-688-4679 Dec 23 ,93 9 604 No . 002 P . 03
1
.�+� 7l'h�► G�rt�tio4�� ut Ap�araval, and kha conditions of
aPArQvgj ap*eified thsr*l.n, jaujAed by the planning
� Board, dAtad
d• the Dotittl.tS.ve p2an e0�► APpz4v�d and as qualitiQd
by CertiPioet o� Approval ,
at Other doCumgnt(B) speaitioa11y construction to be compIsted, rjamajy, Nana
Howaver, a mortgaga who acquires title to the mortgaged
promisas by tQxec1ozura or otherwist and any aucCeudinq
owner of tha mprtgaqed Prornlssla or part thereoi ma
��a�,l or convey any lots sub
this cnvenA�t which provJect Only t4 that portion o�
�.dad tha�, no lot ba 0old or
�onv$y�d air e�hall bQ bul,lti upon until ways and scrvioaa
have ba4n providod to serve muah lat#.
3. That thia covenant shall be banding upon tha 4x4c4tors,
&dfi3.ni6trators,. deviasee, hoirs, sucoasa�ra and assigns
Of the undaxaigned and shall cQnatitutO A covenant
running with the land inOluded in t1aO rubalvioson and
ope1atto a.& xAstriGtions upon tho land,
4. That partiou],nr 10tS within the subdivisjpn shnll b�
xa16as*d from the foxtcgoin5 oand�tiona upert the
zaccrdSriq 04 a certificate of pexfaxmArica executed by A
mad arl.tx Qt thQ P1dnyl�hg $oard and •numaxRting tha
Upaa3.fi0 latq to ba rejsaBod.
54 That nothing h6rein shall ba deemad - to
oonv��: anx' by a ying1G dewd ,�ubj gat to, thishiprohibit
n�a
Of O� c�tho the yr tlro paro$j a: land 8hown o
subdiviaiO» p],ari or of a11 1.0tu not previoualy ralosascd
by the► Planning 8vardt
68 Thai the under$iVned Agrees to record this covohant
With the Eeaex North�. ��un�Y ��p���x�, o Do�d�
ff. �
forthw�,th, ar F0VAy th-
the O& � J���nning a�Az � naco�saxy recording fee# to
n thO �evar,t thePl�►nning hoard
Ph&11 a�ano�cd this n d J.gx�omen� forthwith,this �ov��t�rt� tha11 be antaxad upc�� tha M A finitiv#
Subclivisiaft PIM aa approved,
A dand or any pax Of the oubdivsgion in vial4tiicn of
thy, OovanAnt, shell ba voidable by the grants Prior to
the x6luast of the covenant j but nQt 16tar thin Ghra�t3? From the •da q,
is of �uah ead► A� ,pxay.�dac1 in8ovt�can 8].-U, Chaptar 41, M.C.Y4 1 i
Xhat ttyi4 vovenant shell bs aXe
cuted befora endora*menti
. at approval of the . c4sitiriitsv4 p1am by the 1*1*nniriq
aoard and Shetl� t�ka► OZfOct uPpn the •ndcrAemenk of
aPprov41 . $hid Covanant Shall *xPird twa yeara frQm
the dAtO ot tha- dlidorstment of the definitive plan,
96 Upon r,inaX Gompiotion of the conatrttbtiien at ways and
installati0h Of municipal, services as apeaifiad hereint
on or bafbxq October 13t 1995 , tihO planning Board
s�ha x�
�l al a ea� E'hTs" covenant by an Appropriato
instrument, du1y 4cknow�.adged. Failure to ovmplet*
ct�nstxua�t�,on a►ncT Inffiti&i-1at,ion within the kime �paaified
herein orauoh later date As nay be spaa�,tied by votq
Of the Planning Board with es writterl ccnvurrence of the ,
applicant, shall result in AutamAtiG x4sciXsion of thA
Approval of the plant. Upon perfornance of this
covOInant with roll OcttO any lot, the Planning Board
release r ��aa� rua� 10t from this covenant by an
appropriate inxtr%Amant duly reaazdad.
10. Nothing trareirl shall prohibit the Opplicant Irom
varying the mathod of securing the acn$truation of ways
and inati6114tion of municipal aarviaas from time to
time or from securing by cane, or in part by one and in
part by artathQr of the methods described in M*G. L ,
Chapter 41, 600tidn 81-U, AO 1Ong to such sscurity ig
sufti,GiOnt in tha Qp�r��.on Of the planning gdara to
s�eours performance Of the conutruotior► And
installAtiono
Fdr title to tha property, **o daada from lin �,�
aL�S�.�a.�,h�u....,... dated. �_._4' k�.�� �`r e a
ae�x North R�gistry of AR�+d&t lbaip`� hvrawith
�s�e �x raq�tat�ex�d �.n Land
aegiatry+ d�c t�acume►t�� No. „�,,.......► and noted an
certificate of t�tla No. � -- and noted on ceztitiCata of
titles Na. MI—I , iri Rq��xatian Book
The. prosent holder of A mortgage upon tho property ia
of �
xh�► tnor qAqa s datad ................... an77'ecorded
so -
in Iia� a�xy r�t Dd�e�.a, Book
page .�,-- ., or rsq a gyred !n �"nd
' Aeqintxy An pnaumant No. , and Hated on cqrtiPicate
of titl+a no. ��, ih RRg c rah on cook , fags
The mo�'tgagaa agr��es to hold the mortgaqa Mub�Doti ta ha
cavonanta sad forth above end agr��a that the �cov$�nnts shall
haLva the Demo ��� tW4, force and atf$ct aa though executed andrecardRd beforeth+� faking of the mortc�&ge and Further agxAes
that rho mortgage shall bO subordinate to tha above covenant.
f'
LAWR REGISTRY OF DEEDS TEL No . 1-50 --68 -4679 Dec 23 , 913 9 : 04 No . 00? P .05
a
T i
1.
r'
. f
Y
• �
22G
ere , 1 o f the Uhd4rgs jqn*d lioant
Cu(�h interojot` �r��l��� ����� b�► �� A t we, �� ��'�� in the
40t to the Proviaians at thze Covenaht and
is e y relokaeg all righte of tangy
V Of h=astaad ftnd other int r� �r �h
'N WxrP
r unto set out
too W%O �Amwffo� r
or H�vtimb� hand� And Seals this
Hillgida R&A y u4
QWner Thomas D. Laudani, Truntoo
�n not indivUua .ly "
Spouse of 0wrier
Mortgacje •
Acceptance b ---`
of the P1 ann nq zoard or
CQMMQXW9,hLTH CIF- MASSACHV TTS
plan
November
Then Persontaly Ajppjj4rg
Trustise m the abova 1141t6d Thomas
and " acknoWl adq ed thefree
nd dews.
6tirY P u 1�.� � '
NPA E. MARKHAM
my ���f��►���,�n �?� �Y' • Notary �t►b�►c
� yet
.. Mrfttffw r 24,2000
3
KOF XAS UACHUS ZTTO
November 2
TbOn personally appaar4d before , me
ok 40k � ardeZla
n l edgQd the fortgon "i +
t
MY COMMiGgiOn �� ��"' . �y+Cotes:sip ���: lynx► � , ) �
LAWR REGISTRY OF DEEDS TEL [Ao . 1-50 --68 -4679 Dec 23 ,93 9 ; 04 No .00' P . 06
"Tif Or
N0vaMbe
the abov*
ed6
Nota.y. Auks c
my Commi
so a 0vemebr 2 19 93
Then I
Nar met ck
and acknow1 odged th O fors o ira
Act and dead*
P0 jj
.A r `U
MY O?n n i a ss i o n Z x p i r e a t My cOIR'n"Ah rr Expo Juno 20, 1991
LAWR REGISTRY OF DEEDS TEL No . I-50 --688-4679 Dec 2)3 # 93 9 04 No . 002 P .07
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