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Home My WebLink AboutLegal Document - 26 STANTON WAY 1/4/2016 l RECEIPT Printed: January 8, 2016 @ 8:01:48 Essex North Registry M, Paul Iannuccil10 Register Trans#: 332 Oper:KEVINZ BROSNIHAN Book: 14499 Page:J299 Ins 363 Ctl#: 1 Rec:1-08-2016 @ 8:01:345 NAND 26 STANTON WAY DOC DESCRIPTION TRANS AMT RESTRICTION 20.00 Surcharge CPA $20.00 550.00 50,00 recording fee 5,00 5.00 TECH FEE -------- Total fees: 75.g0 * Total charges: 75,00 75.00 CHECK PM 1905 Return to: Bureau of Resource Protection,Wastewater Management {Applicable Regional Office or Boston Office address) GRANT OF TITLE 5 BEDROOM COUNT DEED RESTRICTION This Grant of Title 5 Bedroom Count Deed Restriction is made as of this q�` day of January, 2016, by William J. Brosnihan and Teresa M. Brosnihan ("Grantor"), of 26 Stanton Way, North Andover,Essex County, Massachusetts,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 that of that certain parcel of land located in North Andover, Essex County, Massachusetts [with the buildings and improvements thereon], pursuant to a deed from Cranfield Investments, LLC to Grantor, dated August 19, 2004, and recorded with the Essex County North Registry of Deeds in Book 13964, Page 36; and WHEREAS, Grantor desires to restrict the number of bedrooms, as the term bedroom is defined at 310 CMR 15.002 ("Bedroom"), through the granting of this Title 5 Bedroom Count Deed Restriction; NOW, THEREFORE, Grantor does here GRANT TO North Andover of Essex County, Massachusetts, a municipal corporation located in Essex County, having a mailing address of 120 Main Street,North Andover, Massachusetts, and acting by monetary consideration, the sufficiency and receipt of which are hereby acknowledged, with QUITCLAIM COVENANTS, a TITLE 5 BEDROOM COUNT 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 confirm to the requirements for validity and enforceability as detennined by such court or tribunal; or 1 (ii) That any such provisions, 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 tem-is 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. 111, §§ 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 itself and 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. 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 o 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 -2- 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 3 1 OCMR 15,254. 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 confirm 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 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 Lane Registration Office. WITNESS, the execution hereof under seal this A&h day of January, 2016. WILLIAM J. BROSNIHAN, Grantor TERESA M. BROSNIHAN, Grantor -3- COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. On this day of January, 2016, before me, the undersigned Notary Public, personally appeared WILLIAM J. BROSNIHAN and TERESA M. BROSNIHAN, Grantor, and proved to me through satisfactory evidence of identification,which was/were L'< Mass. Driver's license(s) or [ ] S ,3( , to be the person(s)whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. NOTARY PUBLIC My Commission Expires: ldlaell& Approved and Accepted by: v-5 L90 Local Approving Authority DATED: v -4-