HomeMy WebLinkAboutUntitled (6) URBELIS&FIELDSTEEL,LLP
155 FEDERAL STREET
BOSTON,MASSACHUSETTS 02110-1727
Telephone 978-475-4552
CAROL HAJJAR MCGRAVEY Telephone 617-338-2200
OF COUNSEL Telecopier 617-338-0122
e-mail chm @uf-law.com
January 31, 2012
Joyce Bradshaw, Town Clerk
North Andover Town Offices
120 Main Street
North Andover, MA 01845
RE: RECORDED DOCUMENTS—CARTER FIELD ROAD
Dear Joyce:
Enclosed please find for your records the following original recorded documents in
connection with the acceptance of Carter Field Road as a public way:
1. Quitclaim Deed—Roadway
2. Quitclaim Deed—Open Space
3. Drainage and Utility Easement
4. Declaration of Restriction Covenant
Please let me know if you have any questions.
Very truly yours,
C rol Hajjar McGravey
CHM/kmp
Enclosure
cc: Conservation Commission (w/enc)
Bruce Thibodeau (w/enc)
63
w.\wp51\work\n-andove\corresp\bradshaw.ltr-carter field rd.docx
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1
QUITCLAIM DEED
(Carter Field Road—Dedication of Roadway)
The undersigned, CARTER FIELDS LLC (the "Grantor"), a Massachusetts limited liability
company, with an address at 115 Carter Field Road, North Andover, Essex County,
Massachusetts, 01845, in consideration paid of less than One Hundred Dollars ($100.00), the
receipt and sufficiency of which is hereby acknowledged, and for other good and valuable
g consideration,
o grants to THE INHABITANTS OF THE TOWN OF NORTH ANDOVER, a Massachusetts
c municipal corporation, with an address at 120 Main Street, North Andover, Essex County,
< Massachusetts, 01845,
with QUITCLAIM COVENANTS
1:1
othe fee interest in that certain roadway commonly known as Carter Field Road, situated in the
Town of North Andover and as shown and depicted on a plan entitled, "Street Layout Plan,
To Carter Fields Subdivision, Prepared for Tara Leigh Development, LLC, by MHF Design
Consultants, Inc., Dated: March 14, 2011" and recorded with Essex County Northern District
Registry of Deeds herewith as Plan No. I 650 2. . Said land is also more particularly bound
v and described in a metes and bounds description attached hereto as Exhibit A.
NSubject to and with the benefit of easements, restrictions, covenants, conditions and takings of
e.) record, insofar as the same are now in force and applicable, and without limitation to which, this
a conveyance is made subject to and with the benefit of the following:
1. An Easement to Verizon New England, Inc. dated June 12, 2003 and recorded at
c
a` Book 7952, Page 60.
2. An Easement to Massachusetts Electric Company dated October 3, 2003 and recorded
at Book 8366, Page 321.
3. Drainage Easement over and along border of Lot 2 and Lot 3 as shown on Plan No.
14471 and as reserved in deeds recorded at Book 10897, Page 217, in the case of Lot
2, and Book 8428, Page 126, in the case of Lot 3, and as confirmed by easement
instrument recorded herewith.
4. Drainage and Utility Easement over the Village Green recorded herewith.
(00018264;v3)
For Grantor's title, see deed of Tara Leigh Development, LLC to Carter Fields, LLC,recorded
with the Essex County Northern District Registry of Deeds at Book 9688, Page 39.
Executed under seal as of this Z day of 4°e∎11, , 2011.
At" CARTER FIELDS LLC
By:
Witness Thij as D. Zahorui o, Manager
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS
On this ZS day of A n 2 c , 2011, before me, the undersigned notary
public, personally appeared Thomas D. Zahoruiko, proved to me through satisfactory evidence
of identification, which was a Massachusetts Driver's License, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose, as the Manager of CARTER FIELDS LLC, a Massachusetts
limited liability company. 9
Notary Public
My Commission .res: .
'.VFAUGHAN
it Notary Public
Commonwealth of Massachusetts
My Commission Expires
Iliy7,2011
{00018264;v3} - 2 -
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EXHIBIT A
Legal Description: Carter Field Road
Metes & Bounds Description
Carter Field Road
Exhibit A: Page 1 of 4
A certain tract or parcel of land situate in the Commonwealth of Massachusetts, County
of Essex and Town of North Andover located on the easterly side of Bradford Street and shown
as "Carter Field Road" on a plan entitled `Street Layout Plan, Carter Fields Subdivision prepared
for Tara Leigh Development, LLC'; Scale: 1"=40'; Date: September 14, 2010 by MHF Design
Consultants, Inc. and being more particularly bounded and described as follows;
Beginning at a point on the easterly sideline of said Bradford Street at the intersection
with the northerly line of the said Carter Field Road at land now or formerly of George R.
Barker, Jr.;
Thence along a curve to the left having a central angle of 77°35'23", a radius of thirty-
one and no hundredths (31.00) feet and an arc length of forty-one and ninety-eight hundredths
(41.98) feet to a point of reverse curvature;
Thence along a curve to the right having a central angle of 59°30'08", a radius of one
hundred seventy and no hundredths (170.00) feet and an arc length of one hundred seventy-six
and fifty-five hundredths (176.55) feet to a point of tangency;
Thence S38°44'51"E fifty-four and five hundredths (54.05) feet to a point of tangency;
Thence along a curve to the left having a central angle of 81°54'34", a radius of one
hundred thirty and no hundredths (130.00) feet and an arc length of one hundred eighty-five and
eighty-five hundredths (185.85) feet to a point of reverse curvature;
Thence along a curve to the right having a central angle of 49°31'31", a radius of one
hundred seventy and no hundredths (170.00) feet and an arc length of one hundred forty-six and
ninety-four hundredths (146.94) feet to a point of tangency;
Thence S71°07'54"E twenty and seventy-eight hundredths (20.78) feet to a point of
curvature;
Thence along a curve to the left having a central angle of 37°27'50", a radius of one
hundred thirty and no hundredths (130.00) feet and an arc length of eighty-five and no
hundredths (85.00) feet to a point of tangency;
Thence N7 1°24'17"E five hundred sixteen and forty-six hundredths (516.46) feet to a
point of curvature;
{00018264;v3) - 3 -
Metes & Bounds Description
Carter Field Road
Exhibit A: Page 2 of 4
Thence along a curve to the left having a central angle of 90°00'00", a radius of thirty-
one and no hundredths (31.00) feet and an arc length of forty-eight and sixty-nine hundredths
(48.69) feet to a point of tangency;
Thence N18°35'43"W two hundred forty-six and ten hundredths (246.10) feet to a point
of curvature;
Thence along a curve to the left having a central angle of 53°07'48", a radius of forty and
no hundredths (40.00) feet and an arc length of thirty-seven and nine hundredths (37.09) feet to a F
point of reverse curvature;
Thence along a curve to the right having a central angle of 286°15'37", a radius of sixty
and no hundredths (60.00) feet and an arc length of two hundred ninety-nine and seventy-seven
hundredths (299.77) feet to a point of reverse curvature;
Thence along a curve to the left having a central angle of 53°07'48", a radius of forty and
no hundredths (40.00) feet and an arc length of thirty-seven and nine hundredths (37.09) feet to a
point of tangency;
Thence S18°35'43"E six hundred twenty-three and ninety-six hundredths (623.96) feet to
a point of curvature;
Thence along a curve to the right having a central angle of 180°00'00", a radius of one
hundred two and fifty-hundredths (102.50) feet and an arc length of three hundred twenty-two
and one hundredths (322.01) feet to a point of tangency;
Thence N18°35'43"W two hundred seventy-five and eighty-six hundredths (275.86) feet
to a point of curvature;
Thence along a curve to the left having a central angle of 90°00'00", a radius of thirty-
one and no hundredths (31.00) feet and an arc length of forty-eight and sixty-nine hundredths
(48.69) feet to a point of tangency;
Thence 571°24'17"W three hundred fifty-one and forty-six hundredths (351.46) feet to a
point of curvature;
Thence along a curve to the right having a central angle of 37°27'50", a radius of one
hundred seventy and no hundredths (170.00) feet and an arc length of one hundred eleven and
sixteen hundredths (111.16) feet to a point of tangency;
{00018264;v3} - 4 -
Metes & Bounds Description
Carter Field Road
Exhibit A: Page 3 of 4
Thence N71°07'54"W twenty and seventy-eight hundredths (20.78) feet to a point of
curvature;
Thence along a curve to the left having a central angle of 49°31'31", a radius of one
hundred thirty and no hundredths (130.00) feet and an arc length of one hundred twelve and
thirty-seven hundredths (112.37) feet to a point of reverse curvature;
Thence along a curve to the right having a central angle of 81°54'34", a radius of one
hundred seventy and no hundredths (170.00) feet and an arc length of two hundred forty-three
and three hundredths (243.03) feet to a point of tangency;
Thence N38°44'51"W fifty-four and five hundredths (54.05) feet to a point of curvature;
Thence along a curve to the left having a central angle of 42°25'44", a radius of one
hundred thirty and no hundredths (130.00) feet and an arc length of ninety-six and twenty-seven
hundredths (96.27) feet to a point of compound curvature;
Thence along a curve to the left having a central angle of 121°50'12", a radius of thirty-
one and no hundredths (31.00) feet and an arc length of sixty-five and ninety-two hundredths
(65.92) feet to a point on the easterly sideline of said Bradford Street;
Thence along the easterly sideline of said Bradford Street the following four(4) courses:
N23°00'46"W twelve and ninety-six hundredths (12.96) feet to a point;
Thence N31°14'50"W fourteen and eighty-one hundredths (14.81) feet to a point;
Thence N23°54'51"W thirty-eight and eighty-four hundredths (38.84) feet to a point;
Thence N20°46'58"W forty-five and eleven hundredths (45.11) feet to the point of
beginning.
Excepting and reserving, however, the following tract or parcel which is shown as
"VILLAGE GREEN OPEN SPACE LAND" on said plan:
Beginning at a point at the northwesterly corner of Lot 1 as shown on said plan, thence
N 18°35'43"W sixty-nine and no hundredths (69.00) feet and thence N71°24'17"E forty and no
hundredths (40.00) feet to the TRUE POINT OF BEGINNING:
{00018264;v3} - 5 -
Metes & Bounds Description
Carter Field Road
Exhibit A: Page 4 of 4
Thence along a curve to the right having a central angle of 90°00'00", a radius thirty-one
and no hundredths (31.00) feet and an arc length of forty-eight and sixty-nine hundredths (48.69)
feet to a point of tangency;
Thence N7 1°24'17"E sixty-three and no hundredths (63.00) feet to a point of curvature;
Thence along a curve to the right having a central angle of 90°00'00", a radius thirty-one
and no hundredths (31.00) feet and an arc length of forty-eight and sixty-nine hundredths (48.69) f'
feet to a point of tangency;
Thence S18°35'43"E two hundred seventy-five and eighty-six hundredths (275.86) feet
to a point of curvature;
Thence along a curve to the right having a central angle of 180°00'00", a radius of sixty-
two and fifty hundredths (62.50) feet and an arc length of one hundred ninety-six and thirty-five
hundredths (196.35) feet to a point of tangency;
Thence N18°35'43"W two hundred seventy-five and eighty-six hundredths (275.86) feet
to the point of beginning.
{00018264;v3} - 6 -
ACCEPTANCE OF
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN
The Town of North Andover, acting by and through its Board of Selectmen hereby voted to
accept the foregoing conveyance.
EXECUTED as an instrument under seal as of the ;14) day of 3-14 0 2011.
TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF
SELECTMEN
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COMMONWEALTH
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OF MASSACHUSETTS
COUNTY OF ESSEX, ss.
On this,..dit day of s/-i?,LL�' , 2011, before me, the undersigned notary
public personally appeared '�� ��,�- l
A'.V/- / i N , : L rA✓N�'L-L y ED/L1/ /,p/9 C�/ /' aitTS0/
JiccipH aD. A.) Da NmL7 1 Jif_k/,q,e7-
Proved to me through satisfactory evidence of identification, which was [my personal knowledge
of said person or 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 as a member of the Town of North Andover Board of Selectmen.
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Not.4 ' P '.lic
My commission expires: Pe7.dfd4,p /4, 02ai�
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QUITCLAIM DEED
(Carter Field Road—Dedication of Open Space)
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O• The undersigned, CARTER FIELDS LLC (the "Grantor"), a Massachusetts limited liability
.s company, with an address at 115 Carter Field Road, North Andover, Essex County,
c Massachusetts, 01845, in consideration paid of less than One Hundred Dollars ($100.00), the
• receipt and sufficiency of which is hereby acknowledged, and for other good and valuable
m consideration,
tt grants to THE INHABITANTS OF THE TOWN OF NORTH ANDOVER, a Massachusetts
✓ municipal corporation, with an address at 120 Main Street, North Andover, Essex County,
Massachusetts, 01845,
R
-J with QUITCLAIM COVENANTS
CU
O. Certain land situated in the Town of North Andover, being comprised of two (2) tracts and being
c shown and depicted as "Open Space Land" on a plan entitled, "Street Layout Plan, Carter Fields
o Subdivision, Prepared for Tara Leigh Development, LLC, by MHF Design Consultants, Inc.,
Dated: March 14, 2011" and recorded with Essex County Northern District Registry of Deeds
herewith as Plan No. ( b 5 O 2 (the "Plan"), being more particularly bounded and described
thereon as follows:
Tract One
Q, That certain parcel or tract of land located to the north of Carter Field Road,
2 shown on said Plan as "OPEN SPACE LAND, 169,503 Sq.Ft., 3.891 Ac. +/-" and 4`
being bound on said Plan as follows:
Northerly, by the Town of Boxford and land now or formerly of George R.
Barker, Jr.;
Easterly, by Lots 14, 15, 16 and 17;
Southerly, by Carter Field Road; and
{00018573;v4}
Westerly, by land now or formerly of George R. Barker, Jr. and the Town of
Boxford, all as shown of said Plan.
Tract Two
That certain parcel or tract of land located to the south of Carter Field Road,
shown on said Plan as "OPEN SPACE LAND, 383,514 Sq.Ft., 8.804 Ac. +/-" and
being bound on said Plan as follows:
Northerly, by Parcel `A' and by Carter Field Road;
Easterly, by a portion of Carter Field Road and by Lots 1, 2 and 3;
{
Southerly, by the Town of Boxford and land of Essex County Greenbelt
Association; and
Westerly, by Bradford Street, all as shown of said Plan.
Reference is made to that certain plan of land entitled"Special Permit and Definitive Subdivision
Plan, Carter Fields Subdivision, Prepared for Tara Leigh Development, LLC, by MHF Design
Consultants, Inc., Date: August 9, 2002" and recorded with Essex County Northern District
Registry of Deeds as Plan No. 14471. Reference is also made to that certain plan entitled,
"Easement Plan, Carter Field Subdivision, Carter Field Road, North Andover, Massachusetts"
prepared for Tara Leigh Development, LLC by MHF Design Consultants, Inc., Scale 1" = 80'
dated September 9, 2004 and revised 11/1/04, a copy of which is recorded with Essex County
Northern District Registry of Deeds as Plan No. 14969. Meaning and intending to convey all of
the Grantor's right title and interest in the open space in the Carter Fields Subdivision, including
the fee interest in Recreational Fields #1, #2 and#3, the Parking areas, the Trail &Access
Easement areas and all other remaining open space, all as shown and identified on said Plan No.
14969 and Plan No. 14471, excepting therefrom and reserving in Grantor, the fee interest in the
area shown as "VILLAGE GREEN OPEN SPACE LAND, 44,081 Sq.Ft., 1.012 Ac. +/-" on the
Plan.
The said land is conveyed together with all buildings, structures and improvements thereon and
therein, including without limitation the sewer/pump station, building and all related sewer lines
and facilities therein, whether located above or below ground.
{
Subject to and with the benefit of easements, restrictions, covenants, conditions and takings of
record, insofar as the same are now in force and applicable, and without limitation to which, this
conveyance is made subject to and with the benefit of the following:
1. An Easement to Verizon New England, Inc. dated June 12, 2003 and recorded at
Book 7952, Page 60.
2. An Easement to Massachusetts Electric Company dated October 3, 2003 and recorded
at Book 8366, Page 321.
{00018573;v4} - 2 -
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3. Drainage Easement over and along border of Lot 2 and Lot 3 as shown on Plan No.
14471 and as reserved in deeds recorded at Book 10897, Page 217, in the case of Lot r
2, and Book 8428, Page 126, in the case of Lot 3, and as confirmed by easement
instrument recorded herewith.
4. Recreational Trail Access Easement made by the Grantor in favor of ECGA, recorded
at the Essex County Northern District Registry of Deeds at Book 9265, Page 112.
5. Use limitations and restrictions as set forth in deed of Tara Leigh Development, LLC
to Carter Fields, LLC, recorded with the Essex County Northern District Registry of
Deeds at Book 9688, Page 39, including without limitation that such land: (1) shall
not be open for use by the public after dusk or before sunrise; and (2) in no event may
the lighting be installed or utilized at or upon the said land.
6. A restriction that only organic, low nitrogen fertilizers shall be used in lawn care or '
maintenance for said Lot..
7. Restrictions set forth in deed of Anne M. Renshaw and Judith C. Mohnkern, as
Trustees of C/M Realty Trust, dated April 11, 2003 and recorded at Book 7688, Page
246.
8. Notice of Decision dated December 27, 2002 and recorded at Book 7605, Page 166.
9. Notice of Decision dated December 27, 2002 and recorded at Book 7605, Page 173.
For title see deed of Tara Leigh Development, LLC to Carter Fields, LLC, recorded with the
Essex County Northern District Registry of Deeds at Book 9688, Page 39.
fh
Executed under seal as of this 2-5 day of A: A.1 c.. , 2011.
/ CARTER FIELDS LLC
'-
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S By: ti.
Witness Thy as D. Zahn iko, Manager
1
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS
,Th
On this 7i5 day of Pa--( c.-- , 2011, before me, the undersigned notary public,
personally appeared Thomas D. Zahoruiko, proved to me through satisfactory evidence of
identification, which was a Massachusetts Driver's License, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose, as the Manager of CARTER FIELDS LLC, a Massachusetts
limited liability company.
►i
Notary Public
My Commission ires: 7
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Notary Public
-eiWCommo vioc14,of Massachusetts
My Co—nissiorn Expires
luiy 7,2011
{00018573;v4} - 3 -
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4
ACCEPTANCE OF
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN
The Town of North Andover, acting by and through its Board of Selectmen hereby voted to
accept the foregoing conveyance.
EXECUTED as an instrument under seal as of the oZ'VA.day of , 2011.
TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF
SELECTMEN
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COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX, ss.
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On this 16` day of .Jv�e_ , 2011, before me, the undersigned notary
public personally appeared
'A// � t:).+✓e S F 1 C —/ . /1
l�, lr)�•rsaA 41/44/f� ��,eelaki
Proved to me through satisfactory evidence of identification, which was [my personal knowledge
of said person or 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 as a member of the Town of North Andover Board of Selectmen.
..—L,..". 0 ..I. af, .1 _
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My commission expires: r.ed*9 "dc 020/#
E
CONFIRMATORY DRAINAGE EASEMENT
This Confirmatory Drainage Easement (this "Drainage Easement") is made this
Z3 day of Apr I , 2011, by the undersigned Karen Zahoruiko of 115 Carter
Field Road, North Andover, Massachusetts 01845 (the "Lot 2 Owner"), John Gutkoski
and Lisa Gutkoski of 121 Carter Field Road, North Andover, Massachusetts 01845 (the
"Lot 3 Owner"), and CARTER FIELDS LLC, a Massachusetts limited liability company,
with an address at 115 Carter Field Road, North Andover, Massachusetts, 01845
(collectively, with the Lot 2 Owner and Lot 3 Owner, referred to as the "Grantors"), to
and in favor of the inhabitants of the Town of North Andover, acting by and through its
Board of Selectmen, 120 Main Street, North Andover, Massachusetts 01845 (the
"Grantee").
RECITALS:
A. Lot 2 Owner is the current owner of a certain parcel of land situated in
North Andover, Essex County, Massachusetts, commonly known as 115 Carter Field
Road and being shown as Lot 2 ("Lot 2") on a plan entitled "Special Permit and
Definitive Subdivision Plan, Carter Fields Subdivision, Prepared for Tara Leigh
Development, LLC, by MHF Design Consultants, Inc., Date: August 9, 2002" and
recorded with Essex County Northern District Registry of Deeds as Plan No. 14471 (the
"Subdivision Plans").
B. Lot 3 Owner is the current owner of a certain parcel of land situated in
North Andover, Essex County, Massachusetts, commonly known as 121 Carter Field
Road and being shown as Lot 3 ("Lot 3") on the Subdivision Plans.
C. Lot 2 and Lot 3 are subject to a drainage easement (the "Drainage
Easement") over and along the border of Lot 2 and Lot 3 as shown on the Subdivision
Plans, being a twenty foot (20') wide strip comprising ten feet (10') along the southerly
edge of Lot 2 and ten feet (10') along the northerly edge of Lot 3 (the "Drainage
Easement Area"), said Drainage Easement being a portion of the general grant of
infrastructure easement for the Carter Fields Subdivision made to the Town of North
Andover by way of the Form M Conveyance of Easements and Utilities recorded at Book
987, Page 167 (the "Form M Easement"), and as the Drainage Easement was further
reserved in favor of Tara Leigh Development LLC by deed recorded at Book 10897,
Page 217, with respect to Lot 2, and Book 8428, Page 126, with respect to Lot 3.
{00025837;v1}
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D. The Drainage Easement was further conveyed from said Tara Leigh
Development LLC to Carter Fields LLC appurtenant to conveyance of the fee in Carter
Field Road by way of deed recorded at Book 9688, Page 39.
t
E. The Grantors now desire to confirm and ratify the said Drainage Easement
over Lot 2 and Lot 3 in favor of the Town of North Andover as appurtenant to the f
conveyance and transfer of the fee interest in Carter Field Road unto the Town of North :t
Andover, and in so doing to also clarify and confirm the terms and scope of the said t
i
Drainage Easement as hereinafter set forth.
x;
NOW THEREFORE, in consideration of Ten Dollars ($10.00) paid, the mutual
covenants contained herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and intending to be legally bound hereby,
the parties hereby agree ratify and confirm the Drainage Easement and grant the said
Drainage Easement in favor of the Grantee as follows:
The Grantee has and shall have the perpetual rights and easements to construct, inspect, I'
repair, remove, replace, operate and forever maintain, within the above described twenty
foot (20') wide Drainage Easement Area, any underground sewers, manholes, pipes, s
conduits, covered surfaces, ground water drains, and other appurtenances and facilities
necessary for removal, conveyance and discharge of water, including storm water or I t
ground water and including water from underground detention systems, and to do all acts
incidental to the foregoing, so as to maintain the existing drainage facilities in good
operating order and condition, consistent and in accordance with and as shown in the
Subdivision Plans. i
This easement is granted with the perpetual right and easement from time to time,
without payment, of the above named Grantee, its employees, agents, successors and
assigns, to pass and re-pass over, across and upon said Drainage Easement Area as is t
reasonable and necessary in order to repair, remove, maintain, operate and patrol said
drainage utility systems, including to make, upon reasonable notice to the Grantors, such
excavation or clearings as may be reasonably necessary in the opinion and judgment of
the Grantee, their successors and assigns for the care and maintenance of said Drainage
Easement, provided however, that any area excavated shall be reasonably restored to its s
former condition upon making any such excavation. All such access to the Grantor's I
land shall be limited to the "Drainage Easement Area".
I
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The easement as granted herein shall run with the land and shall be binding upon and I
inure to the benefit of the Grantors and Grantee and their respective successors and €
assigns.
I
For title of Lot 2 Owner see deed recorded at Book 10897, Page 217.
For title of Lot 3 Owner see deed recorded at Book 10809, Page 216.
For title of Carter Fields LLC see deed recorded at Book 9688, Page 39.
{00025837;v11
F
IN WITNESS WHEREOF, the and rsigned have caused this document to be executed
under seal as of thiss3l1ay of 2011.
Witness Karen Zah-
vr
Witness Gutkoski
1
1
Witness Lisa Gtttk i
CARTER FIELDS LLC
IP
BY: /! .
Witness homas D. Zahoruiko, Manager
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS
On this 23 of A-P 2 I t.. , 2011, before me, the undersigned notary
public, personally appeared Karen Zahoruiko, proved to me through satisfactory evidence
of identification, which was a Massachusetts Driver's License, to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that she
signed it voluntarily for its stated purpose.
01P
Notary Public s
My Commission xpires: 7 1•
BRiJ�t; VAUGHAN
<ctary Public
Comm y, E;uith of Massachusetts
M r)'emission Expires
`v 7.2011
{00025837;v1}
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COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS
On this 13 day of AP K tL , 2011, before me, the undersigned notary
public, personally appeared John Gutkoski, proved to me through satisfactory evidence of
identification, which was being personally known to 3rd party witness personally known
to me, to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that he signed it voluntarily for its stated purpose.
--e'---------e ..1'
Notary Public
My Commission Expires:-_ 7 //
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COMMONWEALTH OF MASSACHUSET V MV .-,,,-' • r,Expires
ESSEX, SS :Cy;,2071 p
tizo
On this 2:3 day of 4,0a ) i- , 2011, before me, the undersigned notary
public, personally appeared Lisa Gutkoski, proved to me through satisfactory evidence of
identification, which was being personally known to 3rd party witness personally known x'
to me, to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that she signed it voluntarily for its stated purpose.
011P
i
Notary Public
My Commission Expires: 7- 7.1/
COMMONWEALTH OF MASSACHUSETTS
01/ Co'�,- � -^�/t�as�s9naa
ESSEX, SS M ;�- Expires se^+�
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On this Z9''-'"day of 4,02)L , 2011, before me, the undersigned notary
public, personally appeared Thomas D. Zahoruiko, proved to me through satisfactory
evidence of identification, which was a Massachusetts Driver's License, to be the person
whose name is signed on the preceding or attached document, and acknowledged to me
that he signed it voluntarily for its stated purpose, as the Manager of CARTER FIELDS
LLC, a Massachusetts limited liability company.
OP
Notary Public a
My Commission Ex;es: - , ai
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{00025837;v1I JL''7 201 pfr
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ACCEPTANCE OF
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN
The Town of North Andover, acting by and through its Board of Selectmen hereby voted to
accept the foregoing conveyance.
EXECUTED as an instrument under seal as of the aD`k-day of , 2011.
TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF €'
SELECTMEN
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COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX, ss.
On this o10 day of ;:z._ , 2011, before me, the undersigned notary
public pzrsonally appeared �'
f1N/FL , .4ANitJ, �-1OSE4M4 av/e -may sl'He6/L P- /,�f M. 41A/so
W.2_4_my A 4/eeit ?, b �/nL.D , �t4J,42
Proved to me through satisfactory evidence of identification, which was [my personal knowledge
of said person or 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 as a member of the Town of North Andover Board of Selectmen.
4 lit. att
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Not. ■ P ilic
My commission expires: IFOR T7 /fi a /
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DRAINAGE AND UTILITY EASEMENT
T1i
This Drainage and Utility Easement(this "Easement") is made this 2-5" day of
A e ft i L , 2011, by the undersigned CARTER FIELDS LLC, a Massachusetts
limited liability company, with an address at 115 Carter Field Road, North Andover,
Massachusetts, 01845 (the "Grantor"), to and in favor of the inhabitants of the Town of
North Andover, acting by and through its Board of Selectmen, 120 Main Street, North ,
Andover, Massachusetts 01845 (the "Grantee").
RECITALS:
A. Grantor is the current owner of a certain land commonly known as the :
"Village Green," located within the Carter Field Subdivision, situated in North Andover,
Essex County, Massachusetts, and being shown and depicted as "VILLAGE GREEN
OPEN SPACE LAND, 44,081 Sq.Ft., 1.012 Ac. +/-" on a plan entitled, "Street Layout
Plan, Carter Fields Subdivision, Prepared for Tara Leigh Development, LLC, by MHF
Design Consultants, Inc., Dated: March 14, 2011" and recorded with Essex County "
Northern District Registry of Deeds herewith as Plan No. 16 5 0 2. (the "Village
Green").
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B. Grantor is conveying the fee interest in Carter Field Road and the fee
interest in certain open space in the Carter Field Subdivision to the Grantee by Deeds b
dated or about the date hereof and to be recorded herewith,but Grantor is retaining and
reserving the fee interest in the Village Green.
C. Certain drainage and utility facilities have been constructed under and
within the Village Green, including without limitation as further contemplated or
described in that certain plan entitled "Special Permit and Definitive Subdivision Plan,
Carter Fields Subdivision, Prepared for Tara Leigh Development, LLC,by MHF Design
Consultants, Inc., Date: August 9, 2002" and recorded with Essex County Northern
District Registry of Deeds as Plan No. 14471 (the "Subdivision Plans").
D. The Grantor now desires to grant a drainage and utility easement (the
"Drainage and Utility Easement") over the Village Green in favor of the Town of North
Andover as appurtenant to the conveyance and transfer of the fee interest in Carter Field
Road unto the Town of North Andover, upon the terms and scope as hereinafter set forth.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) paid, the mutual
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covenants contained herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and intending to be legally bound hereby,
the Grantor hereby grants this Easement in favor of the Grantee as follows:
{00026472;v1}
i
The Grantee is hereby granted and shall have the perpetual rights and easements to
construct, inspect, repair, remove, replace, operate and forever maintain, within the
Village Green, underground sewers, manholes, pipes, conduits, covered surfaces, ground
water drains, underground drainage detention systems and other appurtenances and
facilities necessary for storage, removal, conveyance and discharge of water, including
storm water or ground water and including water from underground detention systems,
together with underground utilities of any other kind or nature and related appurtenances x'
and facilities, all as may presently be constructed or exist or as may hereafter be
constructed or installed, if at all, including without limitation water, sewer, electric, gas,
cable or any other underground utilities or related facilities whatsoever, and to do all acts
incidental to the foregoing, so as to maintain the existing drainage facilities in good
operating order and condition, consistent and in accordance with and as shown in the
Subdivision Plans. This easement is granted with the right, but without the obligation, to
construct and repair any such utilities.
This easement is granted with the perpetual right and easement from time to time,
without payment, of the above named Grantee, its employees, agents, successors and
assigns, to pass and re-pass over, across and upon said Village Green as is reasonable and
necessary in order to repair, remove, maintain, operate and patrol said drainage and utility
systems, including to make, upon reasonable notice to the Grantor, such excavation or
clearings as may be reasonably necessary in the opinion and judgment of the Grantee, its
successors and assigns, for the care and maintenance of said Drainage and Utility
Easement, provided however, that any area excavated shall be reasonably restored to its
former condition upon making any such excavation.
The easement as granted herein shall run with the land and shall be binding upon and
inure to the benefit of the Grantor and Grantee and their respective successors and
assigns.
For title of Carter Fields LLC see deed recorded at Book 9688, Page 39.
{00026472;v1}
1;
IN WITNESS WHEREOF, the undersigned has caused this document to be executed
under seal as of this 2. day of f( 'g tL , 2011.
{
CARTER FIELDS LLC
OF
ACILp By:
Witness domas D. Zaho-.iko, Manager
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS
On this 25� day of 4,,,e_& _ , 2011, before me, the undersigned notary
public, personally appeared Thomas D. Zahoruiko, proved to me through satisfactory
evidence of identification, which was a Massachusetts Driver's License, to be the person
whose name is signed on the preceding or attached document, and acknowledged to me
that he signed it voluntarily for its stated purpose, as the Manager of CARTER FIELDS
LLC, a Massachusetts limited liability company.
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----
Notary Publi•
My Commissi•• xpires: 7. -,d
BRi , v AUb,
* Public Commuymi h of nu uset7 MY mission empires
July 7,2011
,
{00026472;v 11
r
ACCEPTANCE OF
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN
The Town of North Andover, acting by and through its Board of Selectmen hereby voted to
accept the foregoing conveyance.
EXECUTED as an instrument under seal as of the g t)T' day of Two, 2011.
TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF
SELECTMEN
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COMMONWEALTH OF MASSACHUSETTS
is
COUNTY OF ESSEX, ss.
On thisaa day of `./e:/E , 2011, before me, the undersigned notary
public personally appeared / Slie0/1..e,�N(Pi_ 441VX1/ `/�OStrlgt' (3A1A/ZLL y � b}a.Z a/y F 6,rc�o,v, 1
/C /7` KAfTS4,(/
Proved to me through satisfactory evidence of identification, which was [my personal knowledge
of said person or 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 as a member of the Town of North Andover Board of Selectmen.
0. — _ ,0_44. , i, J
Notar/PI .lic
My commission expires: G4<d,4 4, o? /-
ci
k
Declaration of Restrictive Covenant
Th
This Declaration of Restrictive Covenant (this "Covenant") is made as of the 2 5
day of ASP(% t , 2011 by the undersigned CARTER FIELDS LLC, a
Massachusetts limited liability company, with an address at 115 Carter Field Road, North
Andover, Massachusetts, 01845 (the "Declarant"), for the benefit of the inhabitants of the
Town of North Andover, acting by and through its Board of Selectmen, 120 Main Street,
North Andover, Massachusetts 01845 (the "Town").
�i•
WHEREAS, the Declarant is the current owner of certain land commonly known
as the"Village Green," located within the Carter Field Subdivision, situated in North
Andover, Essex County, Massachusetts, and being shown and depicted as "VILLAGE
co
GREEN OPEN SPACE LAND, 44,081 Sq.Ft., 1.012 Ac. +/-" on a plan entitled, "Street
Layout Plan, Carter Fields Subdivision, Prepared for Tara Leigh Development, LLC,by
MHF Design Consultants, Inc., Dated: March 14, 2011" and recorded with Essex County
Northern District Registry of Deeds herewith as Plan No. ( 6 5 0 Z. (the "Property").
WHEREAS, the Town of North Andover, acting by and through its Planning
Board, issued a Decision for the Approval of a Definitive Subdivision Plan for the Carter
Fields Subdivision (the "Subdivision Approval") which contemplated that the Property
would be open space and would not be developed as a buildable lot upon which a
residential structure would be constructed.
U
WHEREAS, the Town and the Declarant are in the process of dedicating and F'
conveying the fee interest in the subdivision roadway and certain open space in the Carter
C7 Fields Subdivision to and in favor of the Town for public use.
a)
on t
WHERAS, the Town and the Declarant desire for the Declarant to retain the fee
interest in the Property but to memorialize certain restrictive covenants concerning such
Property as further described herein.
NOW, THEREFORE, in consideration of the foregoing premises and for other good and
valuable consideration, the receipt of which is hereby acknowledged, the Declarant, for
itself, its successors and assigns, does hereby forever covenant and agree, for the benefit
of the Town, acting through its Board of Selectmen, as follows:
{00026552:v2} Page 1 of 3
1. The Property is and shall be maintained as open space; meaning and intending
that the Property shall not be developed as a buildable lot upon which a residential
structure could be constructed.
2. The Declarant agrees to record this Covenant with the Northern Essex County
District Registry of Deeds, and to forward recorded copies of this Covenant to the Town
within thirty(30) days of recording.
3. This Covenant shall be binding upon and inure to the benefit of each and all of the
owners of Lots in the Carter Fields Subdivision, the Declarant, and any successors in
interest to the said Lots or Property, it being the express intention and understanding and
agreement that this Covenant shall constitute a covenant running with the land. Each and
all of the covenants and provisions of this Covenant shall be incorporated by reference
into and shall be referenced in the future deeds for the Property.
4. This covenant shall also be and is for the benefit of the Town, its successors and
assigns, and shall be enforceable in perpetuity or for the longest period allowed by law
and in any event no less than ninety-nine (99) years. Declarant, its successors and
assigns, will execute and record any instruments necessary to extend this Covenant, in perpetuity,
and the Town may, as a benefited party, also execute and record any such instruments, if
necessary.
5. Notwithstanding that it is a benefited party under this Covenant, the Town shall
have no duty or obligation to maintain the Property. The Declarant, its successors and
assigns, in capacity as owner of the Property and subject to ordinary rights and
obligations of ownership, shall be responsible for maintenance thereof.
6. Nothing herein shall be deemed to prohibit a conveyance subject to this Covenant
of all or any interest in the Property.
IN WITNESS WHEREOF, the undersigned has caused this document to be executed
under seal as of this z r day of A t'lc i L , 2011.
CARTER FIELDS LLC
By. ����
Witness "omas D. Zahoruiko, Manager
00026552,v2} Page 2 of 3
•
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS
On this 25 day of #PJ fi , 2011, before me, the undersigned notary
public, personally appeared Thomas D. Zahoruiko, proved to me through satisfactory
evidence of identification, which was a Massachusetts Driver's License, to be the person
whose name is signed on the preceding or attached document, and acknowledged to me
that he signed it voluntarily for its stated purpose, as the Manager of CARTER FIELDS
LLC, a Massachusetts limited liability company.
Notary Public
My Commission Expires: l,
BR!,, VAUGHAN
Notary Public
*
m
Comonwealth of Massachusetts
My Cammission Expires
July 7,2011
{00026552;v21 Page 3 of 3