HomeMy WebLinkAboutLegal Document - 550 BOXFORD STREET 11/19/2015 Ej, v :h a
RF,TURN TO:
Department of Environmental Protection t
Bureau of Resource Protection,Wastewater Management l
(Applicable Regional Office or Boston Office address)
Above for Registry Recording Data
GRANT OF TITLE 5 BEDROOM COUNT DEED RESTRICTION
PROPERTY DESCRIPTION: 550 BOXFORD STREET,NORTH ANDOVER,MA 01845
This Grant of Title 5 Bedroom Count Deed Restriction is made as of this 12`' day
of November, 2015,by S &L HOMES,LLC, a Massachusetts Limited Liability Company with
a business address of 10-1 Middlesex Avenue, Wilmington, MA 01887 ("Grantor) pursuant to
M.G.L. c. 21A, §13 and 310 CMR 15.000 (collectively, "Title 5").
WITNESSETH
WHEREAS, Grantor, being the owner(s) in fee simple of that certain parcel of
land located. in North Andover, Essex County, Massachusetts, with the buildings and
improvements thereon, pursuant to a deed from Messina Development Company, Inc. to S
& L Homes, LLC dated 5/13/2015 and recorded with the Essex North Registry of Deeds
at Book 14223, Page 282, said parcel of land known and identified as 550 Boxford Street
North Andover MA, and being more particularly bounded and described in Exhibit A,
attached hereto and made a part hereof, and being shown as Lot 2 on a plan entitled, "Plan
of Land, located in North Andover, MA, Record Owners Gorton Family Trust, 624
Boxford Street, North Andover, MA & Applicants Messina Dev, Co., 277 Washington
Street, Groveland, MA" dated March 5, 2015, scale 1" = 40' prepared by Christiansen &
Sergi, Inc., recorded with the Essex North District Registry of Deeds as Plan No. 17252
("Property"); and
WHEREAS, Grantor desires to restrict the number of bedrooms, as the team
bedroom is defined at 310 CMR 15.002 ('Bedroom"), through the granting of this Title 5
Bedroom Count Deed Restriction;
NOW, THEREFORE, Grantor does hereby GRANT to the Town of North
Andover, Essex County, Massachusetts, a municipal corporation located in Essex
County,having a mailing address of 120 Main Street,North Andover, Massachusetts, and
acting by and through its Board of Health ("Local Approving Authority"), for nominal
and non-monetary consideration, the sufficiency and receipt of which are hereby
acknowledged, with QUITCLAIM COVENANTS, a TITLE 5 BEDROOM COUNT
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DEED RESTRICTION ("Restriction") in, on, upon, through, over and under the
Property.
Said Restriction operates to restrict the Property as follows:
1. Restriction. Grantor hereby restricts the total number of Bedrooms in, on, upon,
through, over and under the Property to four (4) Bedrooms, such that at no time
shall there exist more than four (4) Bedrooms in, on, upon, through, over and
under said Property.
2. Severability. Grantor hereby agrees that, in the event that a court or other tribunal
determines that any provision of this instrument is invalid or unenforceable:
(i) That such provision shall be deemed automatically modified to conform to the
requirements for validity and enforceability as determined by such court or
tribunal; or
(ii) That any such provision, by its nature, cannot be so modified, shall be deemed
deleted from this instrument as though it had never been included herein.
In either case, the remaining provisions of this instrument shall remain in full
force and effect.
3. Enforcement. Grantor expressly acknowledges that a violation of the terms of
this Restriction could result in the following:
(i) upon determination by a court of competent jurisdiction, in the issuance of
criminal and civil penalties, and/or equitable remedies, including, but not
limited to, injunctive relief, such injunctive relief could include the issuance
of an order to modify or remove any improvements constructed upon the
Property in violation of the terms of this Restriction; and
(ii) in the initiation of an enforcement action and/or assessment of penalties by the
Local Approving Authority and/or the Massachusetts Department of
Environmental Protection, a duly constituted agency with a principal office
located at One Winter Street, Boston, MA 02108 (DEP), to enforce the terms
of this Restriction pursuant to Title 5; M.G.L. c.I11, §§ 2C, 17, 31, 122, 123,
125, 127A-0, inclusive, and 129; and M.G.L c. 83, §11.
4. Provisions to Run with the Land. The rights, liabilities, agreements and
obligations created under this Restriction shall run with the Property and any
portion thereof for the term of this Restriction. Grantor hereby covenants for
[himself/herself/itselfl and[his/her/its] executors, administrators, heirs, successors
and assigns, to stand seized and to hold title to the Property and any portion
thereof subject to this Restriction.
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The rights granted to the Local Approving Authority, its successors and assigns,
do not.provide, however, that a violation of this Restriction shall result in a
forfeiture or reversion of Grantor's title to the Property.
5. Concurrence Presumed. It is agreed that:
(i) Grantor and all parties claiming by, through, or under Grantor agree to and
shall be subject to the provisions of this Restriction; and
(ii) Grantor and all parties claiming by, through, or under Grantor, and their
respective agents, contractors, sub-contractors and employees, agree that the
Restriction herein established shall be adhered to and shall not be violated,
and that their respective interests in the Property shall be subject to the
provisions herein set forth.
6. Incorporation into Deeds, Mortgages Leases and Instruments of Transfer.
Grantor hereby agrees to incorporate this Restriction, in full or by reference, into
all deeds, easements, mortgages, leases, licenses, occupancy agreements or any
other instrument of transfer by which an interest and/or a right to use the Property,
or any portion thereof, is conveyed.
7. Recordation. Grantor shall record and/or register this Restriction with the
appropriate Registry of Deeds and/or Land Registration Office within 30 days of
receiving the approved Restriction from the Local Approving Authority. Grantor
shall file with the Local Approving Authority and the DEP a certified Registry
copy of this Restriction as recorded and/or registered.within 30 days of its date of
recordation and/or registration.
8. Amendment and Release. This Restriction may be amended only upon the
approval and acceptance of such amendment by the Local Approving Authority.
Release of this Restriction shall be granted by the Local Approving Authority
upon(i) Grantor's request of such release; and (ii)the Property being connected to
a municipal sewer system and the septic system serving the Property being
abandoned in accordance with 310 CMR 15.354. Any such amendment or release
shall be recorded and/or registered with the appropriate Registry of Deeds and/or
Land Registration Office and a certified Registry copy of said amendment or
release shall be filed with the Local Approving Authority and the DEP within 30
days of its date of recordation and/or registration.
9. Term. This Restriction shall run in perpetuity and is intended to conform to
M.G.L. c.184, §26, as amended.
10. Rights Reserved. This Restriction is granted to the Local Approving Authority.
It is expressly agreed that acceptance of this Restriction by the Local Approving
Authority shall not operate to bar, diminish, or in any way affect any legal or
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equitable right of the Local Approving Authority or of DEP to issue any future
order with respect to the Property or in any way affect any other claim, action,
suit, cause of action, or demand which the Local Approving Authority or DEP
may have with respect thereto. Nor shall acceptance of the Restriction serve to
impose any obligations, liabilities, or any other duties upon the Local Approving
Authority.
11. Effective Date. This Restriction shall become effective upon its recordation
and/or registration with the appropriate Registry of Deeds and/or Land Registration
Office.
IN WITNESS WHEREOF, the said S &L HOMES, LLC has caused its seal to be hereto affixed
and these presents to be signed, acknowledged and delivered in its name and behalf,this 12th day
of November,2015,by:
S &L HOMES,LLC
Richard W. Stuart,Jr.,Manager
William H.Lumbard,Manager
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COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this 12th day of November, 2015, before me,the undersigned notary public, personally
appeared Richard W. Stuart, Jr.Manager of S &L Homes,LLC,proved to me through satisfactory
evidence of identification, which were a MA Driver's License, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he/she signed it
voluntarily for its stated purpose,in such capacity.
Notary Public
Theresa M.MM NI Q
My cormwW dt Mad 98,2029
/Notary Public:
My Commission Expires: �9h
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this 12th day of November, 2015, before me,the undersigned notary public,personally
appeared William H. Lumbard,Manager of S &L Homes,LLC, proved to me through satisfactory
evidence of identification, which were a MA Driver's License, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he/she signed it
voluntarily for its stated purpose,in such capacity.
Notary Public �? J
Theresa M.Man Ili
Of mnsadlauft
f9,Zfl21 14otary Public: `
My Commission Expires: �� f
Approved and Accepted By:
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Date:r
Local Approving Authozity
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� NOTARY PUBLIC
COMMONWEALTH Of MASSACHUSETTS
My Comm.Expires July 15,2016
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EXHIBIT "A"
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PROPERTY DESCRIPTION:
540 & 550 BOXFORD STREET,NORTH ANDOVER, MA 01845
PARCEL 1: That certain parcel of land situate in North Andover, Essex County, Commonwealth of
Massachusetts, located off Boxford Street and being shown as "Lot 1" on that certain plan
entitled "Plan of Land, Located in North Andover, MA, Record Owners Gorton Family Trust,
624 Boxford Street, North Andover, MA & Applicants Messina Dev. Co., 277 Washington
Street, Groveland, MA" dated March 5, 2015, scale 1" = 40', prepared by Christiansen & Ser
Inc., recorded with the Essex North District Registry of Deeds as Plan No. 17252. gi,
Said parcel contains approximately 87,274 square feet (or approximately 2:0035 acres), more or
less, of land as shown on said plan.
Subject to and with the benefit of easements, rights, restrictions, covenants, conditions, takin s
and other matters of record, insofar as the same are now in force and applicable. g
PARCEL 2: That certain parcel of land situate in North Andover, Essex County, Commonwealth of
Massachusetts, located off Boxford Street and being shown as '"Lot 2" on that certain plan
entitled "Plan of Land, Located in North Andover, MA, Record Owners Gorton Family Trust,
624 Boxford Street, North Andover, MA & Applicants Messina Dev, Co., 277 Washington
Street, Groveland, MA." dated March 5, 2015, scale 1" = 40' prepared by Christiansen & Sergi,
Inc., recorded with the Essex North District Registry of Deeds as Plan No. 17252.
Said parcel contains approximately 87,120 square feet (or approximately 2. 0000 acres), more or
less, of land as shown on said plan.
Subject to and with the benefit of easements, rights, restrictions, covenants, conditions, takings
and other matters of record, insofar as the same are now in force and applicable.
For title reference see deed from Messina Development Company, Inc. to S & L Homes, LLC dated
5/13/2015 and recorded with the Essex North Registry of Deeds at Book 14223,Page 282.
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RECEIPT
Printed: November 18, 2015 @ 13:21:0
Essex North Registry
M. Paul Iannuccillo 1
Register
Trans#: 24230 Oper:KAIF
BILL LOMBARD
Book: 14449-Page -252 Inst# 30051
Ctl#: 84 Rec:11-18-2015 @ 1:20:57p
NAND 550 BOXFORD $T
DOC DESCRIPTION TRANS AMT
RESTRICTION
Surcharge CPA $20.00 20.00
50.00 recording fee 50.00
5.00 TECH FEE 5.00
Total fees: 75.00
*� Total charges: 75.00
CHECK PM 1123 75.00