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HomeMy WebLinkAboutLegal Document - 65 BEAR HILL ROAD 10/7/1981 COVENANT This Covenant executed on this day of 1981 by Andrew Circle Realty Trust of North Andover, Massachusetts concerns the land described in a plan of land entitled "Plan of Land in North Andover, Massachusetts prepared for Andrew Circle Realty Trust" dated April 2, 1981, Frank C. Gelinas and Associates, Inc. , Engineers and Architects and recorded in the Essex North Registry of Deeds as Plan No. V ?S-/ Andrew Circle Realty Trust, its heirs, successors and assigns (hereinafter Andrew Circle Realty Trust) .covenant the following in paragraphs one through twenty (1-20) below: 1. That the land as shown and described on plan no. 2 7 51 will contain no more than thirteen lots unless otherwise agreed to in writing by the Planning Board of North Andover. 2. That Andrew Circle Realty Trust or its successors in title may change the lot lines on Plan No.,FYu/ as is normally allowed under the "approval not required" process of the Planning Board of the Town of North Andover as long as the number of building lots does not exceed thirteen (13) . 3 . That each lot presently, or after any alteration will meet with the now existing area and frontage requirements of the Town of North Andover Zoning By Law. 4 . That Andrew Circle Realty Trust will grant private common driveway easements in each deed for lots serviced by a common driveway. 5 . That each grant of easement will be clearly marked and restricted as to its location. 6 . That Andrew Circle Realty Trust in each deed out, granting an easement will provide for the management of and share of responsibility in the common driveways to each grantee . 7 . That each deed out will clearly indicate that the common driveways are private and that the Town of North Andover will provide no services beyond Sharpeners Pond Road with the LAW OFFICES OF exception of emergency services , fire and police . REGINALD L MARDEN. P.C. " O[MTRAL*TR6ET AMDOVKR. MA18.01610 T[Li (017) 470.0477 X 8. That each common driveway established in said Plan shall be twenty (20) feet in width with a five (5) foot shoulder on one side. 9. That each five (5) foot shoulder referred to in #7 above shall consist of naturally occurring material or well compacted fill material . 10 . That the common driveways shall consist of four (4) inches of well compacted gravel and two (2) inches of compacted crusher waste or tailings. 11. That Andrew Circle Realty Trust shall have the initial responsibility to install signs designating the address and occupant's name for each lot as it is deeded out at• the intersection -of the lot' s common and private driveway. Subsequently said signs shall be maintained by the property owner. 12 . That Andrew Circle Realty Trust shall have the initial responsibility to install signs designating the address and occupant' s name for each lot as it is deeded out at the intersection of the lot' s common driveway and the public way, Sharpeners Pond Road. Subsequently said signs shall be maintained by the property owner . 13 . That a minimum of twelve (12) inch reinforced concrete pipe (RCP) will be used in the construction of- the common driveways where they traverse a stream. 14 . That Andrew Circle Realty Trust will install one (1) fill pipe and one (1) dry fire hydrant adjacent to the pond along the westerly most driveway. 15 . That the fill pipe and dry hydrant referred to in paragraph 15 shall meet the specifications attached hereto as Exhibit A. 16 . That Andrew Circle Realty Trust will grant an easement to the Town of North Andover Fire Department to enter the common driveway for access to the pond located on lot #2 of the Plan for the sole purpose of accessing water from the pond, hydrant or fill pipe. 17 . That Andrew Circle Realty Trust will not alter the pond in any way so to decrease the capability of the pond or the flow or volume to the fill pipe and- hydrant without first obtaining the approval of the Planning Board of North Andover . 18 . Andrew Circle Realty Trust shall be bound by the obligations of these covenants only as long as it holds title to any of the thirteen (13) lots . Andrew Circle Realty Trust shall not be responsible to enforce these covenants against subsequent owners LAW OFFICES OF of the lots R REGINALD L MARDEN, P.C. V CENTRAL STREET ANDOVER, MASS- 01610 4 TEL+ 0171 470-0477 19. Nothing in this instrument nor in any subsequent conveyance or transfer for any purpose shall reduce the number of buildable lots to less than thirteen (13) whether such conveyance or transfer shall- be by the parties to the covenant or their successors in title. Andrew Circle Realty Trust of DATE North Andover By- V. COTT FOLLANSBEE, Trustee I . G '� WILLIAM K NSTANINAKOS, Trustee— COMMONWEALTH OF MASSACHUSETTS Essex, ss. : `°� , 1981 Then personally appeared the above-named V. Scott Follansbee and William Konstaninakos, .Trustees of Andy, ,. Circle Realty Trust of North Andover and acknowledged the fQr'd ing to be their free acts and deeds, before me I eginaldrL Marden, Notary Public My Commission Expires; 6/25/82 Recorded Nov,5,19 31 at 4:18pm #1210.1_ i I LAW OFFICES OF REGINALD L.MARDEN,P.G. RE CENTRAL•TRt6T I ANDOVKR. MAO, 01810 TEL, (817) 470.0477