HomeMy WebLinkAboutLegal Document - 129 WINTER STREET 5/11/2015Bk 14220 Pg294 #10729
05 -11 -2015 @ 01:39p
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DECLARATION OF
RESTRICTION RELATING TO FERTILIZERS
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Property affected: 129 Winter St., North Andover MA
Lot I on Essex North District Registry of Deeds Place. Number
` 12017 as described in Deed recorded at 'l3oolc 13)497 Page: 238
Salvatore A. Messina and Laurie A. Messina, as joint tenants, of 129
Pinter S"t., North Andover MA 01845
Being the Owners � "Declarant ") of land and improvements commonly knovvn and
numbered as 129 Winter St., Essex County, North .Andover, Massachusetts consisting of
Lot 1 on Essex North District Registry of Deeds Plan Number 12017 (the `Property$') all
as evidenced by Deed recorded at :Book 13497 Page 1-38,
in conformity w ith Special Condition 4)b) of that certain notice of decision dated July 15,
t4 2014 issued by tht North Andover Pkmning Board and designated: as Watershed d Special
Permit issued under North Andover Zoning Bylaw, sections 4.1 )6 an0 10,3 and recorded
at book 13344 page 284 (the "Special. Pc-rrnit "), does hereby declare that. the Property shall
be su�jeet to the fbilowing perpetual Restriction-
1, In conformity iNith Special Condition 4)b) of the Special Pe:rrnit, each of the
Declarants do hereby declare that with regards to use of the Property, fertilizers shall be
limited to those which are either organic or slow-release n4 rogen and phosphorus -free.
The use of goal tar -based pavement sealants is prohibited.
1 This Declaration of Restriction and its provisions herein set forth shall ru n V -6th the
Property is perpetuity from. the date of recordation in the Esser. North. District
Registry of Deeds and shall be binding upon Declarants, Declarants' successors and
assigns. and any other party having an ownership, interest in sad Property or claiming
to have an interest with respect to said Property as tenants, invitees, licenses or
otherwise, wid all of the respective heirs, successors, grantees, mortgagees, assigns,
agents, contractors, subconirac €ors and. employees of the foregoing.
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This Declaration of Restriction is hereby intended and declared to be in perpetuity
and no re- recordation of this Declaration oa Restriction under G,L. C. 184, ss. 23 -30
or any other law shall ever be necessary in order to maintain the full legal effect and
authority- hereof and Declarant. and its successors and assigns; including but not
limited to all subsequent owners of the Property, hereby waive all their legal right to,
and shall forego any action in law or equity of any kind whatsoever attempting to,
contest the validity of wiy provision of this Declaration of Restriction and shall riot, ill
any enforcement action, raise the invalidity of any provision of this Declaration of
Restriction-
This Restriction shall riot be modified, amended, changed, or terminated or waived
without the consent of the Declarant (or Declaram's successor) acrd the consent of the
Town of Andover acting by the No4 Andover Planning :Board. The Declarant as
well as the forth 4adover Planning Board, may enforce arid, if necessary, extend this
Declaration in accordance with applicable law. Declarant agrees far itself, and its
heirs, successors and assigns to execute and record such notices of restriction as are
required to extend this Dc;claration in perpetuity in accordance with applicable law.
The North Andover Planning Board is :hereby declared to be a benefited Party to and
a holder of this Declaration and the Declarant hereby appoints the Nor€h Andover
Planning Board as its attoincy -in -fact to execute, acknowledge., deliver and record
any such extension documents on its and'Or their behalf witch may at any time be
necessary to maintain this Restriction in effect in perpetuity. )NIP&ut limiting the
forgoing, the Declarant and its successors grid assigns agree to execute any such
notices and instruments upon request of the North Andover Planning Board.
3. The forth Andover Planning Board shall have the authority and right to enforce this
Declaration of Restriction. The North Andover 1 =lanning Board shall have the .right to
bring proceedings at law or equity against any party or parties violating or atternptin
to violate the terns of this Declaration to enioin them from so doing and to cause any
such violation to be reinedied, after providing written notice to such party or parties.
4. This language shall be. incorporated in full in all future deeds. easem..ents, mortgages,
leases, 'XIMISe5, OCCUP -MICy agreements or ally other instrument of transfer, ,whe 'eby an
interest in ancYor right use the property or portion thereof is conveyed i«
y.
For title, see Deed by deed to the Declaranits f'om the Trustee of Winter Street Realty
Trust, said Deed being dated May 29, 2013 and recorded with said Deeds at Boole
1:349" Page 2; 8.
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Signed as a sealed instrument this day of May, 2015.
Declar��,
nx/ Alvo
Nam.e: , "h,)v 4,
Name.,
CON,INIONWEALTH OFINL ASS ACERJSETTS
Al
Elssex, ss. M aylL, 2015
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On this, t' day of May, 2015, before -ne, the undersigned notary pub] ic, pel sonally
appeared, satisfactory evidence of
4 proved to me through safisf
identification, which wwsk-p iotographic identification �4�th signatwre� issued by a federal or
state government agency, o outl or affirmation of a credible v-,fitness, � personal knowledge
of the imdersigned, to be the person {s} name(s) i&are signed on the preceding or
attached dociunent, and acknowledg 1.
ged to rne that he/she/they each signed it voltintar-ily for
its stated purpose,
"r-
. I W
COMMONIPMEALTH OF
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F:sSex, kse May 2015
On this of: ay, 2015, before me, the undersigned notary public, pe-Nsonally
-ved to me through satisfacion
appeared j, pro y evidence of
identification, which w ',"hotographic ideatification NNith signature issued by a federal or
state govenmient agency, o oath or affinnation of a credible vNitness, m. personal. knowledge
of the undersigned, to be the person(s) whose. name(s) is"'are signed on the preceding or
attached document, and ac - howled ged to me fhat he/shelthcy each Signed it voluntarily for
its stated purpose.
wm-nissio.n expires: -
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E-RECORDED