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Home My WebLink About1998 Conservation Restriction - Cancellation gprr;,e ,V�vz K/21 GOVERNOR Fax: 1 7 727-2754 w Y COX µ pry IM .3 Ofµ D I R E CTOI May 7, 199 Conservation Commission Town Hall 120 Main Street North Andover, MA 0 1845 Christopher J. Lesaf re, Trustee, Meadows Realty Trust North Andover CR#9 The above referenced conservation restriction is being canceled and returned to you due to lace of activity. Sincerely, ,Or Joel A. Lerner Director enc. Cc: Preston W. Halperin, Levy &Halperin RECYCLED PAPEn CONSERVATION RESTRICTION _ . GRANTOR CLAUSE: I, Christopher J. Les a f f re, Trustee of Meadows Realty Trust, u/d/t dated July 30, 1992 , and recorded in North Essex Registry of Deeds on January 7 , 1993 as Instrument No. 523 , having an address at 733 Turnpike Street, Suite 209, North Andover, Massachusetts 01845 ("Grantor") , acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws, grant, with quitclaim covenants, to the Inhabitants of the Town of North Andover, acting by and through its Conservation Commission, located at 120 Main Street, North Andover, Massachusetts, and its successors and permitted assigns ("Grantee") in perpetuity and exclusively for conservation purposes as set forth in Section 8C of Chapter 40 of the General Laws, the following described Conservation Restriction on a parcel of land located in the Town of North Andover, Massachusetts, said parcel being described as follows (the "Premises") The easterly portions of Lots 1 through 8 designated as being within the "Existing wetlands Edge" as shown on Sheet 3 of 7 of a plan entitled "Special Permit and Definitive Plan, 1 Meadowood, North Andover, Mass. , Owner and Developer. Meadows ; - Realty Trust, P.O. Box 6700, Suite 209, North Andover, �1 Massachusetts, " dated September 15, 1992 , by Merrimack •� Engineering Services, Inc. , 66 Park Street, Andover, MA 01810, b ,g filed with North Essex Registry of Deeds on January 7 J y , 1993 as Plan No. 12178 (hereafter referred to as the "Premises") . II. PURPOSES: The Premises as described herein contain unusual unique or outstanding qualities the protection of which in their p redominantely natural or open condition will be of benefit to the public. These qualities include various plant species and aesthetic qualities of wooded wetlands* III.' PROHIBITED ACTS AND USES EXCEPTIONS THERETO AND PERMITTED USES: A. Prohibited Acts and Uses. Subject to the exceptions set forth in paragraph B below, the following acts and uses are prohibited on the Premises: 1. Constructing or placing of any building, tennis court, landing strip, mobile home, swimming pool. fences asphalt or concrete pavement, sign, 3 billboard or other advertising display, antenna, utility pole, tower, conduit, line or other temporary or permanent ermanent structure or f ac i 1 ity on s below or above the Premises; 3 5 3 3 "r 5 10, 1. 600 5 2 . Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit; 3 . Placing, filling, storing or dumping on the Premises of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or other substance or material whatsoever or the installation of underground storage tanks; 4 . Cutting, removing or otherwise destroying trees, grasses or other vegetation; 5 . Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation; 6. Any other use of the Premises or activity .which would materially impair significant conservation interests unless necessary for the protection of the conservation interests that are the subject of this Conservation Restriction. B. Exceptions to otherwise Prohibited Acts and Uses. The following acts and uses otherwise prohibited in subparagraph A are permitted but only if such acts or uses do not materially impair significant conser- vation interests. 1 Construction of a building, other structure, or improvement incident to woodland, farming and 1 animal husbandry operations carried on in accordance with sound agricultural and forest rNk management practices. 2 . Ex cavation and removal from the Premises of soil, ravel or other mineral resource or natural deposit g as m be i �A;al to the maintenance or removal p �?Y' �S se "' s stems, utilities, 4 and other underground structures` r to the maintenance of goad drainage, soil conservation practices or to other permissible use of the Premises. The maintenance of piles of limbs, brush, leaves � p r and, similar biodegradable material prov,ided such . . ? Iles do not interfere with the conservation p Restrictions objectives of this Conservation R 4 . The placement or cons truction of facilities for the development and utilization of energy resources, including without limitation, wind, solar, f h droelectric, methane, wood alcohol, and fossil Y _2_ 10, 1. 6U0 fuels, for use principally on the Premises. 5 . The placing of fences that do not interfere with the conservation purposes of this restriction. 6. Selective cutting of tre-e.s f ire protection, unpaved trail anct road maintenanpe, tick control, or otherwise to resr �he--psent condition of o p p t h e._._.Pn-Pm � 1 n_ �Z V 1 s t a s. 7 Woodland, farming and animal husbandry operations carried on in accordance with sound agricultural and forest management practices (including but not limited to the cultivation of field, the mowing and _ grazing of meadows and selective cutting and planting of trees) . C. Permitted Acts and Uses. All acts and uses not prohibited by subparagraphs A and B are permissible. ' IV. LEGAL REMEDIES of THE GRANTEE: A. Legal and In 'unc...................tive Relief. The rights hereby granted shall include the right to enforce this Conservation� Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises 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 remedies available to the Grantee. Be Reimbursement of Costs of Enforcement. The Grantor and thereafter the- successors- and assigns of the Grantor covenant and agree to reimburse the Grantee for all reasonable costs and expenses (including without limitation counsel fees) incurred in enforcing this Conservation Restriction or in remedying or abating any violation thereof. C. Grantee' s Disclaimer of Liability* By its acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the - Premises. D. Severability Clause. If any provision of this Conservation Restriction shall -3- 10, 1. soo r. to any extent be held invalid, the remainder shall not be affected. E. Non-Waiver. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. V. ACCESS: The Conservation Restriction hereby conveyed does not grant �- to the Grantee, to the general public, or to any person any f ` r right to enter upon the Premises. Y VI k ASSIGNABILITY: F�- A. Running of the Burden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and .assigns of the Grantor holding any interest in the Premises. Be Running of the Benefit. The benefits of this conservation Restriction shall be in gross and shall not be assignable by the Grantee, except in the following instances and from time to time: (i) as a condition of any assignment, the Grantee requires that the purpose of this Conservation Restriction continue to be carried out, and (ii) the assignee, at the time of assignment, - of-- �internal qual if ies under -a-mended... -and ' r Section 32 of chapter 184 of the General Laws as an eligible donee to receive this Conservation Restriction directly. VII. EFFECTIVE DATE: This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the ' s required b administrative approval qu y Section 32 of Chapter 184 of the General laws have been obtained, and it has been recorded, or if registered land, it has been registered. 10, 1. do0 VIII. RECORDATION: The Grantor shall record this instrument in timely fashion in the North Essex Registry of Deeds. IX. SUBSEQUENT TRANSFERS : Meadows Realty Trust ("Meadows") agrees to incorporate by reference the terms of this conservation Restriction in the .initial deed-(s) from Meadows by which Meadows divests itself of any interest in all or a portion of the Premises. EXECUTED UNDER SEAL THIS DAY OF APRIL, 1993.0 MEADOWS REALTY TRUST t By. Chris oph r J 061Z a f f re, Trust e► and t individually COMMONWEALTH OF MASSACHUSETTS Suffolk, ss, April �, 1993 Then personally appeared the above-named Christopher J. p Y Pp dp LeSaffre and acknowledged the foregoin instrument to be his free act and deed as trustee of Meadows R alt Trust, before me. Z4..... 1_ �/ . ►.r f YYY T5 1J ' N`otary Public My Commission Expires. 5.. 10, 1. 600 ACCEPTANCE OF GRANT The above Conservation Restriction is accepted pursuant to Section 8 C of Chapter 40 of the General Laws for conservation purposes this _11, M day of 1 17 ,, ,,. „I 19 q,3 TOWN OF NORTH ANDOVER By its Conservation Commission Chairman COMMONWEALTH OF MAS SACHUSETTS SSA ss. AA 1993 CEOR,�GC- A - lfcicif Then personally appeared the above-named and acknowledged the foregoing to be its free act and deed, before me. Notary Public My- Commission Expires: q , �6_ 101 1. 600 E. APPROVAL BY SELECTMEN We, the undersigned, being a majority of the S e l ectment of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on , , 1993 , the Selectmen voted to approve the foregoing Conservation Restriction to the own o f North Andover pursuant to M.G.L. Ch. , sec. -�. T ` C SELECTMEN U� Ile c-- I -f w• fi ! Jf COMMONWEALTH OF MASSACHU'SETTS ss. _T, r,A 1 d 1993 Then personally appeared the above-named and acknowledged the foregoing to be his or her free act and deed, . bef ore me. cla� P0 I Carol J. awelski Notary Public My Commission Expires: Noy Commission Expires dune 20, *997 , 7- 10, 1. boo { r 1 APPROVAL BY SECRETARY OF ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MAS SACHUS ETTS The undersigned, Secretary of the Executive office of Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction to the Town of North Andover has been approved in the public interest pursuant t❑ M.G.L. Cho 184 , sec. 32 . Date: , 1993 Secretary of Environmental Affairs COMMONWEALTH OF MASSACHUSETTS ss. , 1993 Then personally appeared the above-named and acknowledged the foregoing to be his or her free act and deed, before me. Notary Public My- Commission Expires: 10, 19600