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Electronically Filed on
June 29, 2015 at 11:33 AM
Book 14279, Page 254
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CONSERVATION RESTRICTION
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•Copy of Eledronically Flied
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Grantor: The Center Realty Trust of North Andover
Grantee: Town of North Andover
Address of Premises: Academy Road,North Andover
For title see: Essex North District Registry of Deeds Book 890, Page 349, 1 -
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CONSERVATION RESTRICTION
To
THE TOWN OF NORTH ANDOVER
I. GRANTOR CLAUSE
Charles A. Salisbury,Benjamin C. Osgood and Donald R. Elliott, as Trustees of
THE CENTER REALTY TRUST OF NORTH ANDOVER a Massachusetts
cnonprofit 501(c)(2)corporation,with an address of P.O. Box 876,North Andover,
Massachusetts 01845,being the sole owner, for its successors and assigns(herein after
"Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the
Massachusetts General Laws("M.G.L."), hereby grant, with quitclaim covenants,to the
TOWN OF NORTH ANDOVER, a municipality organized under the laws of the
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Commonwealth of Massachusetts with its usual place of business located at 120 Main
Street,North Andover, Massachusetts 01845, acting by and through its Conservation
Commission, acting by authority of M.G.L c.40, sec.8C its permitted successors and
assigns(hereinafter"Grantee"), for consideration paid of Five Hundred Seventy
Thousand($570,000.00)Dollars, in perpetuity and exclusively for Conservation
Purposes,the following Conservation Restriction on three parcels of land on Academy
Road, identified herein as Lot A, Lot C2 and D and Lot 1B-B2,containing in total
approximately 4.25 acres, and located in the Town of North Andover, Essex County,
Massachusetts (hereinafter referred to as the "Premises"), all as described as the following
and as shown on"Sketch Showing Academy Road CR", attached hereto as Exhibit A:
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1. Lot A: A parcel of land at 1 Academy Road, shown as Parcel A on a Plan of
Land recorded at the North Essex Registry of Deeds as Plan No. 3774,
attached hereto as Exhibit B " Plan Showing Lot A". For title to the property
see Deed recorded at Book 890, Page 349.
2. Lot C2 and D: Two parcels of land on the west side of Academy Road shown
as Lot C2 and Lot D. Lot C2 consists of 8,265 square feet and is shown on a
Plan of Land recorded at the Essex North District Registry of Deeds as Plan
No.: 12985, and attached hereto as Exhibit C " Plan Showing Lot C2 and D".
For title see Deed recorded at Essex North District Registry of Deeds abl-
ti zua , e �,�;,�. Lot D consists of 32,432 square feet and is shown on
a Plan of Land recorded at the Essex North District Registry of Deeds as Plan
No.: 12985. For title see Deed recorded at Essex North District Registry of
Deeds at Book t `> 10' , Page 1,3' s .
3. Lot 1B-B2: A parcel of land on Academy Road, and formerly part of 140
Academy Road, containing approximately 27,359 square feet of land and
shown as Lot 1B-B2 and shown on a Plan of Land recorded with Essex North
} District Registry of Deeds as Plan No.: 17151 attached hereto as Exhibit D"
Plan Showing Lot 1B-B2". For title see Deed recorded at Essex North District
Registry of Deeds at Book 1'>`1 l`1 , Page 2 .
II. PURPOSES
This Conservation Restriction is defined in and authorized by M.G.L. c.184, sec.
31-33 and otherwise by law. It's purpose is to assure that the Premises will be retained in
its current natural, scenic,undeveloped condition in perpetuity for Conservation Purposes
and to prevent any use of the Premises that will significantly impair or interfere with its
conservation values. The granting and acceptance of this Conservation Restriction is in
accordance with the Town Meeting vote on May 20, 2014 to expend M.G.L. c.44B
Community Preservation Act funds to acquire a Conservation Restriction on the
Premises.Certified copies of the Town Meeting vote are attached hereto as Exhibit E.
The protected conservation values and the public benefits resulting from the protection of
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Conservation Restriction include the
the Premises in the manner provided in this C
following,without limitation:
A. Preservation of Scenic Views and Vistas. The fields and woodlands on the
Premises offer broad scenic views to the passing public and are integral to the
surrounding landscape. This Conservation Restriction protects these vistas and
helps ensure the integrity of the Academy Road landscapes; and
B. Protection of Historic Landscape. The Premises are an integral part of the
North Andover Old Center Historic District, an area of homes,a church, and other
historic properties most of which are listed on the National and State Historic
Register. This Conservation Restriction insures that a major portion of the
Historic District fabric will remain intact.
C. Protection of Ecological,Educational and Recreational Values. The Premises
provide significant ecological,habitat, outdoor educational, and recreational
values in its undeveloped state as a natural area that has not been subjected to
development, and with its proximity to contiguous permanently protected land.
This Conservation Restriction protects the undeveloped nature of the Premises
preserving these benefits in perpetuity.
C. Furtherance of Government Policy. Protection of the Premises furthers the
Town of North Andover's 2010 Open Space and Recreation Plan, including
fulfilling recommendations to Preserve Historic Landscapes and Other Historic
Resources and to Protect Scenic Hilltops, Landscapes,and Farmland.
Therefore, in order to preserve the Premises in perpetuity in its present natural,
scenic, and open condition,the Grantor conveys to the Grantee a perpetual Conservation
Restriction within the meaning of M.G.L. c. 184, sec. 31 et. seq., as amended. In order to
describe the present condition of the Premises the Grantor and the Grantee agree that all
man-made structures,boundaries, and natural features existing on the Premises at the
time of execution of this Conservation Restriction, shall be documented in a report to be
kept on file in the offices of the Grantor and the Grantee (hereinafter"Baseline
Documentation Report"). This Baseline Documentation report shall consist of
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documentation that the Grantor and the Grantee collectively agree provides an accurate
representation of the condition of the Premises at the time this Conservation Restriction is
recorded and which is intended to serve as an objective information baseline for
monitoring compliance with the terms of this Conservation Restriction. In the event the
Baseline Documentation Report is unavailable to establish the current condition of the
Premises,or any issue that arises is not covered or not adequately covered in the CR,the
Grantor and Grantee reserve the right to establish its current conditions by other means.
M. PROHIBITED AND PERMITTED ACTIVITIES AND USES
The terms of this Conservation Restriction are as follows:
A. Prohibited Activities and Uses. Except as otherwise herein provided,the Grantor
shall neither perform nor permit others to perform any of the following acts or uses,
which are prohibited, on, above, and below the Premises:
1. Constructing,placing or allowing to remain any temporary or permanent building,
structure, facility or improvement, including but not limited to buildings, tennis
courts, landing strips or pads,mobile homes, swimming pools, asphalt or concrete
pavement, septic systems,roads, signs, fences, billboards or other advertising
display,utilities, conduits,poles, antennas (including satellite dishes and cell
towers),towers,monopoles, docks,wharfs, or other temporary or permanent
structures,facilities, or improvements of any kind on, above or under the ground;
2. Dumping,placing, filling or storing on the Premises of soil, grass clippings,
compost,yard debris or other substances, or dumping or placing of vehicle bodies
or parts,junk,trash,refuse, solid or chemical waste,unsightly or offensive or any
other materials whatsoever, or the installation of underground storage tanks;
3. Cutting, removing, or otherwise destroying trees, grasses, shrubs or other
vegetation;
4. Mining,excavating, dredging or removing from the Premises of loam,peat, sand,
gravel, soil,rock or other mineral resource or natural;
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5. Any industrial, institutional or commercial use;
6. Any use of the Premises for more than de minimis commercial recreational
activities, as defined in I.R.C. Section 2031(c)(8)(B) and regulations promulgated
thereunder or any successor statute or regulation;
7. Use, parking, or storage of motorized or mechanized vehicles of any nature or
kind,including but not limited to cars,trucks,motorcycles,trail and mountain
bikes, all-terrain vehicles and snowmobiles on the Premises, and the use, landing,
or storage of aircraft, helicopters, or similar machines or devices, all except as
may be necessary by police, firemen or other governmental agents in carrying out
their lawful duties, and except for, where appropriate,motorized or non-motorized
wheelchairs for handicap accessibility;
8. Activities detrimental to drinking water protection,wildlife habitat,drainage,
flood control, water or soil conservation, scenic qualities, archaeological
conservation, or erosion control;
9. The use of the Premises for(a)transferring development rights to any property,
whether or not the receiving land is adjacent to the Premises; and(b)calculating
permissible lot yield of this or any other land;
10. Conveyance of a part or portion of the Premises alone or division or subdivision
of the Premises (as compared to conveyance of the Premises in its entirety,which
shall be permitted)without the prior written consent of Grantee;
11. Any other use of the Premises or activity that would impair the conservation
values unless such use or activity is necessary in an emergency in the opinion of
the Grantee and at the Grantee's sole discretion for the protection of the
conservation values that are subject to this Conservation Restriction;
- 12. Any acts or uses which in the opinion of the Grantee and at the Grantee's sole
discretion are contrary to the purposes of this Conservation Restriction.
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B. Reserved Rights and Exceptions to Otherwise Prohibited Activities and Uses.
Notwithstanding anything contained in Paragraph A,the Grantor reserves the right to
conduct or permit the following activities on the Premises provided that such uses and
activities do not materially impair the purposes of this Conservation Restriction.
1. Trails. Grantor shall have the right to add a trail for passive non-vehicular uses
that would help to connect the future parking area, shown as"Potential Parking
Area"on Academy Road Plan attached hereto as Exhibit F to the cemetery,
and/or connect the Premises to other trail networks,provided that the trails do not
have a negative effect on the values of this Conservation Restriction. Trails may
} be constructed of dirt, stone dust, gravel or other natural and pervious material; in
no case may they be paved;
2. Signage. The erection, maintenance and replacement of a minimal number of
signs with respect to (a)the location of boundary lines and trails, (b)permitted
and prohibited uses, and(c) interpretive,informational or other similar signs
designed to enhance public use;
3. Recreational and Educational Uses. Hiking,wildlife observation and other
passive,non-motorized outdoor recreational and educational activities, including
activities designed to enhance the ecological or natural historical value of the
Premises, consistent with the purposes of this Conservation Restriction;
4. Invasive Species. The removal of non-native, invasive or nuisance species and the
control of species in a manner that minimizes damage to surrounding,non-target
species. For the purposes of this Conservation Restriction,the terms"non-native"
or"invasive species" shall be defined as a species that is non-native or alien to the
ecosystem under consideration, and which is likely to cause economic or
ecological harm or harm to human health, including those species on the
Massachusetts Prohibited Plant List;
5. Parking. Grantor reserves the right to construct a parking area for public use on
Lot 1B-B2 within the approximate location shown as"Proposed Future Parking
Area" in Exhibit F, for use by the public, at Grantor's sole cost and expense.
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Grantor shall be responsible for obtaining all necessary permits and constructing
the parking lot in a way which does not interfere with the purposes of this
Conservation Restriction;
6. Mowing. Grantor shall have the right but not the obligation to allow mowing,
haying and removing saplings during non-nesting season,beginning August 1St
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and running through April 30th each year, in order to maintain the existing open
meadows and fields of the Premises, as shown in the Baseline Documentation,
provided, however,that such operations are carried out in a manner consistent
with sound practices and state and municipal laws.
7. Vegetation Management-In accordance with generally accepted forest
management practices, de minimis removal of brush and selective pruning,
cutting or planting of trees, shrubs and other vegetation to prevent, control or
remove hazards, safety issues, disease, and insect or fire damage, and to preserve
the present condition of the Premises, all as shown on the Plan or set forth in
the Baseline Documentation Report;
8 Drainage Courses. Grantor shall have responsibility,at Grantor's sole cost and
expense, for maintaining, operating,repairing, and replacing any and all drainage
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courses and or drainage easements on Lot A;
9. With the Grantee's written approval, other acts and uses that are consistent with
the purposes of this CR, do not materially impair the conservation values of the
Premises, and are not explicitly prohibited herein or in violation of any federal,
state or local law, statute, regulation, ordinance or code,are permissible;
The exercise of any right reserved by the Grantor or Grantee under this Paragraph
B shall be in compliance with the following: (a)then-current building, zoning,planning,
and conservation regulations,bylaws or ordinances applicable to the Premises, (b) any
special permits or variances pertaining to the Premises, (c)the Wetlands Protection Act
(M.G.L. c.131, sec 40 and North Andover Wetland Bylaw), (d)the Massachusetts
Endangered Species Act(General Laws Chapter 131A), and(e)all other then-applicable
federal, state and local laws and regulations. The inclusion of any reserved right in
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Paragraph B of Section II requiring a permit from a public agency merely means that the
Grantor or Grantee may have a right to request a permit, and does not deprive the
Grantor, Grantee or the Commonwealth of Massachusetts taking a position on whether
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such permit should be issued.
C. Unspecified Activities and Uses are Prohibited. All acts and uses not
expressly permitted in Paragraph B of Section III are prohibited.
D. Notice to and Approval by the Grantee. Whenever notice to or approval by
the Grantee is required,the Grantor shall notify the Grantee m writing not less than sixty
(60)days prior to the date the Grantor intends to undertake the activity in question. The
notice shall describe the nature, scope, design, location,timetable and any other material
aspect of the proposed activity in sufficient detail to permit the Grantee to make an
informed judgment as to its consistency with the purposes of this Conservation
Restriction. The purpose of requiring such notice is to afford the Grantee with an
adequate opportunity to ensure that the activities in question are designed and carried out
in a manner that is consistent with the purposes of this Conservation Restriction and to
monitor their implementation. Where the Grantee's approval is required by the terms of
this Conservation Restriction,the Grantee shall grant or withhold its approval in writing
within sixty(60)days of receipt of the Grantor's written request therefore. Grantee's
approval may be withheld upon a determination by the Grantee at its sole discretion that
the action as proposed would be inconsistent with the purposes of this Conservation
Restriction.
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IV. ACCESS.
A. Access by the Grantee. The Grantee shall have the same rights of the general
public as provided herein in Section IV.B to access the premises. In addition,the
Grantor hereby grants to the Grantee,or its duly authorized agents or representatives,the
right to enter the Premises upon reasonable notice and at reasonable times, for the
purpose of inspecting the Premises to determine compliance with or to enforce this
Conservation Restriction and preventing, abating or remedying any violations thereof.
The Grantee shall have the right, but not the obligation, at its sole expense (if not due to
the Grantor's actions or violations)to perform any act required to preserve, conserve or
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promote the natural habitat of wildlife or plants located on the Premises. The Grantee
shall have the right to erect and from time to time replace, at appropriate locations near
the boundaries of the Premises, suitable signs identifying the Grantee as the holder of this
Conservation Restriction.
B. Access by the Public. The Grantor and its successors and assigns shall permit
the general public to pass and re-pass by foot for purposes of quiet outdoor recreational
and educational activities, provided that (a) any such activity shall be limited to daylight
hours only; (b)that all such activities shall be confined to the limits of established trails,
and shall not be permitted in the area of Lot 1 B-B2 as shown as"No Construction
Easement"on the plan in Exhibit D; (c) dogs shall be leashed at all times; (d)no
motorized or mechanized vehicles of any kind shall be permitted except 1) in the
Proposed Future Parking Area, which shall be open to the public, in Lot 1B-B2, if and
when a parking lot is constructed, and 2)where appropriate,motorized or non-motorized
wheelchairs for handicap accessibility; (e)no discharge of firearms or trapping; (e)no
dumping,waste disposal, or littering of any kind be allowed;and(g)no activity of a
commercial nature be allowed.
To the extent permitted by law,the Grantor and the Grantee hereby expressly
disclaim any duty to maintain the Premises or warn persons who may enter upon the
same. Pursuant to M.G.L. c.21, sec.17c, neither the Grantor nor the Grantee is liable to
any member of the public for injuries to person or property sustained by such person
while on the Premises in the absence of willful, wanton, or reckless conduct either by the
Grantor or the Grantee.
V. LEGAL RIGHTS AND REMEDIES OF THE GRANTEE
A. Legal and Injunctive Relief The rights hereby granted shall include the right
to enforce this Conservation Restriction by appropriate legal proceedings and to obtain
injunctive and other equitable relief against any violations, including,without limitation,
relief requiring restoration of the Premises to their condition prior to the time of the injury
complained of(it being agreed that the Grantee will have no adequate remedy at law) and
shall be in addition to, and not in limitation of, any other rights and remedies available to
the Grantee.
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B. Actions to Prevent or Remedy Violations. The Grantee shall have the right to
take appropriate actions to prevent, abate, or remedy violations of this Conservation
Restriction, including against third parties.
C. Reimbursement of Costs of Enforcement. The Grantor and the successors and
assigns of the Grantor covenant and agree to reimburse the Grantee for all reasonable
costs and expenses(including without limitation reasonable counsel fees)incurred in
enforcing this Conservation Restriction or in taking reasonable measures to remedy or
abate any violation thereof, provided that a violation of this Conservation Restriction is
acknowledged by the Grantor or determined by a court of competent jurisdiction to have
occurred.
D. The Grantee's Disclaimer of Liability. By its acceptance of this Conservation
Restriction,the Grantee does not undertake any liability or obligation relating to the
condition of the Premises not caused by Grantee or its agents,including but not limited
to,compliance with hazardous materials or other environmental laws and regulations.
E. Non-Waiver by the Grantee. Enforcement of the terms of this Conservation
Restriction shall be at the discretion of the Grantee. Any election by the Grantee as to the
manner and timing of its right to enforce this Conservation Restriction or otherwise
exercise its rights hereunder shall not be deemed or construed to be a waiver of such
rights.
F. Acts Beyond the Grantor's Control. Nothing contained in this Conservation
Restriction shall be construed to entitle the Grantee to bring any action against the
Grantor for any injury to or change in the Premises resulting from causes beyond the
Grantor's control, including but not limited to fire, flood, storm and earth movement,or
from any prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to the Premises resulting from such causes. If such an
event should occur,the parties agree to cooperate in restoration of the Premises, if
desirable and feasible.
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VI. SUBSEQUENT TRANSFERS
A. Reference to Conservation Restriction in Future Deeds. The Grantor agrees to 1
incorporate the terms of this Conservation Restriction by reference in any deed or other
legal instrument by which it divests itself of any interest in all or a portion of the
Premises,including without limitation, any leasehold interest or option. Failure to do
either shall not impair this Conservation Restriction or its enforceability in any way.
B. Required Notifications of Transfers. The Grantor shall notify the Grantee in
writing at least sixty(60)days before conveying the Premises,or any part thereof or
interest therein(including a leasehold interest or option). The Grantee shall notify the
Grantor in writing at least sixty(60)days before it assigns this Conservation Restriction.
Any failure by the Grantor or the Grantee to provide notification as provided for herein
shall not invalidate or extinguish this Conservation Restriction or limit its enforceability
in any way.
VII.EXTINGUISHMENT.
A. The Grantee's Receipt of Property and Development Rights. The Grantor and
the Grantee agree that the sale of this Conservation Restriction gives rise to a property
right, immediately vested in the Grantee.
B. Termination only by Judicial Proceeding. If circumstances arise in the future
such as render the purpose of this Conservation Restriction impossible to accomplish,this
Restriction can only be terminated or extinguished, whether in whole or in part, by
judicial proceedings in a court of competent jurisdiction under applicable law and after
review and approval by the Secretary of the Executive Office of Energy and
Environmental Affairs, and subject to the requirements of Article 97 of the Massachusetts
Constitution and the Community Preservation Act.
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C. Cooperation Regarding Public Action. Whenever all or any part of the
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Premises is terminated or extinguished, or any interest therein is taken by public authority
under power of eminent domain, or if all or any part of this Conservation Restriction is
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otherwise extinguished by act of public authority then the Grantor and the Grantee shall
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cooperate in recovering the full value of all direct and consequential damages resulting
from such action. All related expenses incurred by the Grantor and the Grantee shall first
be paid out of any recovered proceeds, and the remaining proceeds shall be distributed 1
between the Grantor and the Grantee, after complying with the requirements of the
Community Preservation Act. Any remaining proceeds shall be divided between Grantor
and Grantee in accordance with the then proportionate value of the interest extinguished.
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D. Continuing Trust after Disposition of Conservation Restriction. The Grantor
and Grantee shall use their share of any proceeds received in a manner consistent with
this Conservation Restriction, subject to the requirements of any gift, grant or funding `
source.
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VIII.BINDING EFFECT;INTERPRETATION
A. Running of the Benefit. The benefits of this Conservation Restriction shall
run to the Grantee, shall be deemed to be in gross and the Grantee and its successors and
assigns shall have the right, with prior notice to the Grantor to assign its interests herein,
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all or a portion of its right,title and interest hereunder to a"Qualified Organization" as t
defined in Section 170(h)(3) of the Internal Revenue Code provided that such assignee
shall also be an eligible donee of a conservation restriction as set forth in M.G.L. c.184, E
sec. 32, and provided further that, as a condition of such assignment,the assignee is
required to hold this Conservation Restriction and enforce its terms for conservation
purposes, and that the provisions of Article 97 of the Massachusetts Constitution are
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complied with, if applicable.
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B. Running of the Burden. The burdens of this Conservation Restriction shall be k
deemed to run with the Premises in perpetuity, shall be enforceable in perpetuity against
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the Grantor, its successors or assigns, in title to the Premises, and any person holding any
interest therein, by the Grantee.
C. Termination of Rights and Obligations. Notwithstanding anything to the
contrary contained herein, the rights and obligations under this Conservation Restriction
of any party holding any interest in the Premises shall terminate upon transfer of that
party's interest in the Premises, except for Liability for acts or omissions occurring prior
to any transfer and liability for any transfer in violation of this Conservation Restriction
shall survive the transfer. Any new owner may be held responsible for violations existing
during their ownership.
D. Prior Encumbrances. This Conservation Restriction shall be in addition to and
not in substitution of any other restrictions or easements of record affecting the Premises,
which include the following:
a. Restriction that the ditch on Lot A shall be kept open at all times as set
forth in Deed from Francis B. Kittredge to Caroline S. Rogers,Francis B.
Kittredge and John B. Osgood, as they are trustees of The Center Realty
Trust under Agreement and Declaration of Trust dated January 13, 1959,
said Deed dated March 25, 1959, recorded in Book 890,Page 349
(encumbers Lot A) as shown in Exhibit B.
b. Order of Conditions,DQE File No 242-334, issued by the North Andover
Conservation Commission, acknowledged January 29, 1986,recorded in
Book 2143, Page 9 (Encumbers Lot 1B-B2) and attached hereto as Exhibit
G.
c. Order of Conditions,DEQE File No 242-490,issued by the North Andover
Conservation Commission, acknowledged March 29, 1989,recorded in
Book 3369, Page 318 and as extended by Extension Permit, acknowledged
February 25, 1992,recorded in Book 3447, Page 29 (Encumbers Lot 1B-
B2), and attached hereto as Exhibit H.
d. Landscape easement as set forth in Deed from Robert Dale Stevens to The
North Parish of North Andover,Unitarian Universalist North Andover,
Massachusetts,F/K/A The North Parish of North Andover, and A/K/A The
North Parish Universalist Church of North Andover dated February 28,
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2014,recorded in Book 13811, Page 175 (Encumbers Lot 1B-B2) and
attached hereto as Exhibit I.
e. Easement for fence as set forth in Easement from Center Realty Trust to
David C. Pikul and Kimberly C. Pikul of 135 Academy Road,North
Andover, dated February 4, 2015, and recorded in Book
Page (Encumbers Lot D) and attached hereto as Exhibit J.
f. Use and View easement as set forth in Deed of Easements from Center
Realty Trust to Bradford B. Wakeman and Wendy D. Wakeman of 140
Academy Road,North Andover dated February 5,2015,recorded in Book
, Page (Encumbers Lot 1B-B2) and attached hereto
as Exhibit K.
E. Pre-Existing Rights of the Public. The approval of this Conservation
Restriction by municipal officials and by the Secretary of Energy and Environmental
Affairs is not to be construed as representing the existence or nonexistence of any pre-
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existing rights of the public, if any, in and to the Premises. Any pre-existing rights of the
public, if any, are not affected by the granting of this Conservation Restriction.
F. Execution of Instruments. The Grantee is authorized to record or file any
notices or instruments appropriate to assuring the perpetual enforceability of this
Conservation Restriction; and the Grantor on behalf of themselves and their successors
and assigns appoint the Grantee their attorney-in-fact to execute,acknowledge and deliver
any such instruments on their behalf Without limiting the foregoing,the Grantor and
their successors and assigns agree themselves to execute any such instrument upon
request.
G. Effective Date. This Conservation Restriction shall be effective when the
Grantor and the Grantee have executed it,the Administrative Approvals required by
M.G.L. c.184, sec.32 have been obtained, and it has been recorded in the appropriate
Essex Registry of Deeds. The Grantee shall record this instrument in a timely manner in
the appropriate Essex Registry of Deeds.
H. Controlling Law. The interpretation of this Conservation Restriction shall be
governed by the laws of the Commonwealth of Massachusetts.
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I. Liberal Construction; Severability. Any general rule of construction to the
contrary notwithstanding,this Conservation Restriction shall be liberally construed in
favor of the grant to effect its conservation purposes and the policies and purposes of .
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M.G.L. Chapter 184, Sections 31-33. If any provision of this instrument is found to be
ambiguous,an interpretation consistent with the purposes of this Conservation Restriction
that would render it valid shall be adopted over any interpretation that would render it
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invalid. If any provision or condition of this Conservation Restriction or the application
thereof to any person or circumstance shall be declared invalid,the remainder of the
provisions of this Conservation Restriction shall not be affected thereby.
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J. Entire Agreement. This instrument sets forth the entire agreement of the
parties regarding this Conservation Restriction and supersedes all prior discussions,
negotiations, understandings or agreements relating to this Conservation Restriction, all
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of which are merged herein.
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K. Non-Merger. The parties intend that any future acquisition of the Premises
shall not result in a merger of the Conservation Restriction into the fee. The Grantor
agrees that it will not grant, and the Grantee agrees that it will not take title,to any part of
the Premises without having first assigned this Conservation Restriction to an eligible
non-fee owner ensure that merger does not occur, and that this Conservation Restriction
continues to be enforceable by a non-fee owner. x'
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L.Notices. Any notice, demand,request, consent, approval, or other f'
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communication that either party desires or is required to give pursuant to this
Conservation Restriction is deemed delivered upon receipt and shall be in writing and
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delivered by hand,by facsimile or by first class mail and addressed as follows:
To Grantor: Trustees of Center Realty Trust 1;
P.O. Box 876
North Andover, MA 01845
Phone: centerrealtytrust @verizon.net '
With a copy to: Morris, Rossi &Hayes
32 Chestnut Street
Andover, MA 01810
Phone: 978-475-1300
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Fax: 978-474-0478
To Grantee: The Town of North Andover
Attn: Conservation Commission
1600 Osgood Street,Building 20, Suite 2-36
North Andover, MA 01845
Phone: 978-688-9530
With a copy to: The Town of North Andover
Attn: Board of Selectmen
Town Hall, 120 Main St
North Andover,MA 01845
Phone: 978-688-9510
With a copy to: Urbelis &Fieldsteel
155 Federal Street,
Boston, MA 02110 y.
Phone: 617-338-2200
Fax: 617-338-0122
Or to such other address as is reasonably ascertainable
VIII.ESTOPPEL CERTIFICATES
Upon request by the Grantor,the Grantee shall within sixty(60) days execute and
deliver to the Grantor any document requested, including an estoppel certificate,which certifies
the Grantor's compliance with any obligation of the Grantor contained in this Conservation
Restriction, and which otherwise evidences the status of this Conservation Restriction.
Attached hereto and incorporated herein are the following:
Signatures:
Grantor: Center Realty Trust
Grantee: Town of North Andover Conservation Commission
Acceptance and Approval: North Andover Board of Selectmen
Approval: Secretary of the Department of Energy and Environmental Affairs
Exhibits:
Exhibit A—Sketch Plan showing Premises and Old Center Historic District
Exhibit B—Deed and Plan for Lot A
Exhibit C—Deed and Plan for Lot C2 and D
Exhibit D—Deed and Plan for Lot 1B-B2
Exhibit E—Certified Town Meeting Vote
Exhibit F—Plan showing Potential Parking Area
Exhibit G- Order of Conditions, DQE File No. 242-33.4
Exhibit H - Order of Conditions, DEQE File No. 242-490 and Extension
Exhibit I—Landscape Easement
Exhibit J—Fence Easement
16
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E UTED as an instrument under seal in multiple counterparts as of the dL.i day of
,2015.
GRANT R:
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THE CENTER REALTY TRUST
a Massachusetts nonprofit 501c2 corporation
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By: 4 ' r--�
- -
Charles A. Salisbury
Hereunto duly authorized
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By: A C / ....�'-2,
B- .I 'n C. Osgood f
eunto duly authorize
By. A ibt. 7,q—
Donald R. Elliott t
Hereunto duly authorized 1
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STATE OF FLORIDA t
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COUNTY OF SARASOTA, ss.
On this a 64 day of FthrMgry , 2015, before me, the undersigned notary public,
personally appeared Charles A. Salisbury as Trustee of the Center Realty Trust, a r
Massachusetts corporation„ 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
she/he signed it voluntarily for its stated purpose Trustee aforesaid.
iz
Notary Public
My commission expires:
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ae�•+.,,,,,,� TON Nt IANEtI BARTHOLOMEW c.VI A A Commission# FF 146083
',,w_ My Commission Expires I-
'%.','�ar:O.. July 29, 2018
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COMMONWEALTH OF MASSACHUSETTS
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COUNTY OF ESSEX, ss.
On this 2-7 day of f , 2015, before me,the undersigned notary public,
personally appeared Benjamin C. Os_ d as Trustee of the Center Realty Trust, a Massachusetts ='
corporation,proved to me through s., sfactory 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 she/he signed it voluntarily
for its stated purpose as Trustee aforesaid.
LAURENCE J.ROSSI
Notary Public
:,10• Commonwealth of Massachusetts Notary Public `
.
My commission expires on April 15,2016
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX, ssiii
On this `?7 da of �' 2015 before me the undersi `
day /� undersigned notary public,
personally appeared Donald R. Ellio as Trustee of the Center Realty Trust, a Massachusetts
corporation,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 signed it voluntarily for its
stated purpose as Trustee aforesaid.
I
igial I
LAURENCE J.ROSSI
Notary Public Notary Public
t Commonwealth of Massach s 2016 f
.• commission expires on Ap' My commission expires:
My —�.
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ACCEPTANCE AND APPROVAL OF THE GRANT
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN
The Town of North Andover, acting by and through its Board of Selectmen pursuant to
the provisions of M.G.L. Chapter 40, §8C, hereby certify that at a public meeting duly
held on March 23, 2015, the Board voted to accept the foregoing Conservation
Restriction from The Center Realty Trust of North Andover and approve it in
accordance with M.G.L. Chapter 184, §32 .
North Andover Board of Selectmen
Richard Vaillancourt
v 0/7;
semary S edile
Tracy Watson
William Gordon
/3
Donald Stewart
COMMONWEALTH OF MASSACHUSETTS
Essex , ss. March 23, 2015
On this 23rd day of March, 2015, before me, the undersigned notary public, personally
appeared Richard Vaillancourt, 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, as Chairman of the Boar of:: ectmen.
Notary Pu r is LA SRIE A. BURILAFF
�Notary My Com .:i s: Y Public
EAITM OF MASSACHUSETTS
My Commission Expires
October 2, 2020
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ACCEPTANCE OF THE TOWN OF NORTH ANDOVER
CONSERVATION COMMISSIOINERS t,
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The undersigned,being a majority of the Town of North Andover Conservation
Commissioners,hereby certify that at a public meeting duly held on m p.nc)1 )/ , £
2015 the Co ission voted to accept the foregoing Conservation Restriction from The k';
Center Realty Trust of North Andover in accordance with M.G.L. Chapter 40 § 8C and
M.G.L. Chapter 184 § 32 .
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EXECUTED as an instrument under seal as of the /1 day of M/ c-k , 2015.
TOWN OF NORTH ANDOVER
■
by it's Conservation Commission
OF I
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COMMONWEALTH OF MASSACHUSETTS
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LSse , ss. ,20L
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On this // GH day of iii,4-iZc4 ,20' before me, the undersigned notary
public personally appeared Lavf s 4. /U 4-poll , proved to me through
satisfactory evidence of identification, which consisted of Nes(I,ttal 1:.vou)Ledt to be
the person whose name is signed on the preceding or attached document, and
acknowledged to me that he/she signed it as anindividuai voluntarily forits stated
purpose.
ai-.47,,e-,_.. Al. // rA9
Notary Public
My Commission Expires: 7/i S/o1
re.-4741-1 DONNA M.WEDGE r
�� _ NOTARY PUBLIC / i
y� . COMMONWEALTH OF MASSACHUSETTS
',,,i My Comm.Expires July 1C,2016 0
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APPROVAL BY SECRETARY OF ENVIRONMENTAL AFFAIRS .
COMMONWEALTH OF MASSACHUSETTS
The undersigned Secretary of the Executive Office of Energy and Environmental
Affairs of the Commonwealth of Massachusetts hereby certifies that the foregoing
Conservation Restriction to the Town of North Andover has been approved in the public
interest pursuant to Massachusetts General Laws Chapter 184, Section 32.
Date: Si VIC
Pi/AMP/
Secretary of Energy and Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
{
S , ss. cj c- , 2015'
On this - day of fl l a� , 20�S, before me,the undersigned notary 1 a
public personally appeared MOrHitef 13-eoCh "" , proved to me through satisfactory
evidence of identification, which consisted of T.ctrsonctk \< A`vle--(14-14to be the person
whose name is signed on the preceding or attached document, and acknowledged to me
that he/she signed it as an individual voluntarily for its stated purpose.
Notary Public
My Commission Expires: posys�- � R,0 ZJ .
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Notary f rublio
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21 ( My Canw+lssion Espies
•, 6, 2021
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Exhibit A: Sketch Showing Academy Road CR
Parcels Subject to CR r
17 F„..inn C Sery Jl Lana_ - - --1 _ ! F•
I r/r///rrr/// Y
_ r /, frrrrrr, I• i
•Private,protected with HPR i---•-
_ _ I r Parson /rrrrr r i
- - i ■ /, ffrr// ; -'`�-•_.._I ,
-.__ s---�. r, Barnard ;err,, o ; k
r„r„ Owned by Town, Historic Society, ci: House ” �c
///r/r Church or CRT rr, rrr y I� l''
r "WieWM ,
"'°"' /r'//////' Kittridge Farm
I_ ///r////• I b
� /r/rrr/ i' I (privately held)
I //////f i At.
I, I t r/r//r////f// 1171,-�;�..,�, ,,I,� 'z
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1=, '+hoc d r/ "'".,
f_' O rr MY Rp i jj ,
i- N Ire/rrrr,,, ' •, ,
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ILot C2 and D c o �/ "%- Cemetery
N r /�
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Lot A
�; _ _ -n_� Loring House
"Q ' Private (subject to
- - - •
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\:• \: I as
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-•- MOM;$=:-:-. __ TTOR ,' _
1 -Fete '
-� -• - r///// 'Po rrr/rrrr, 140 Academy Rd g
rrrrr/r/fir,,, a //rrrr/i ' (1 /r/rrrrrrrr/rrr Sub ectto His-
e rrr//r//r i ,,,,,,rrrr,,/rrrrr J ,•
;f i ► u a rr/./m/m• -F rrr rrrr/ . 'c Preservation '°
1 t: %,.. �- w_ rrrr//rrrrr/r •••' Rest�k,os4
/ I.._._._. 1._,._._. i rrrrr/rrr ffrr/ rrfr/ �I ' �i
■ r ffrr/rrref/r/r/f frrrrrr M., �1
I 1:1C7- 11i0 /r///r///////////r rrrrrrr/,,, �_I �'
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•::- f///f. . •/r ////rrrr/- - Y
vrwles';1AeE rrr. Town ri/r rrr///f \\\s.1 rrr,, :'rrrrr rrr +,
i rrrr. Common •rrrrr//r ` �,e
i ...w rrr/rri/rrrrrrrrr m .w.,./m," a
--....1._,..._.., r///ff rrrr//,/,rrrrr/r/rrrrr rr/rrrr. I,yp Vi
./!/1.r/....w.. .w.�!.i.ww.e..,..ww .1 /d! +-.90 ',Az, - • s,
//i/..ww/rrrrrrrrr/rir/ D,;. ///1f///
TT ® ,frrr f/r/ k
TTOR OR •� ANDO`ER ST*
r, rr/rrrfrr/r Lot 1B-B2
Stevens Coolidge Place 4 /r f// O - rrrr,/r. ,.
�' j $ ,1"Lw, l• "1 L t 3 rrr rrfr ,,ffrr N
u rr1 r//r/r
+ �.-..-5--- ilill1 „,,•_1��Frl1 /rrr 00 /r//
6<• 1 : _A t^ _.1-- I i r//////fr /frrr/. //// o
c' ' ' iv�# rrr,//r ff
' %•- //r//rrr/ Nrrr/r/ z
\•'�' ' ,,rrrrr/r/ /rrfr//#. l.s1•41 1 w,{7-' f
VI ',,\';' 1 /rrrrr // 1 ■' -
S� ••.• 0 '.-\ i rfrf//frrrrrrfr Jj`11
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's.)�r n ,\ f///r/////f///r////////f/ rr •�4[
o:.- r� . ''-�,' 1,_,_._..._._.�l'' `.:''�'�\ /r///rrr///iirrrrrr/rrrr rrrr �M Sr.
y �11� 2 :1 i \ r#////rrfr/rf#/rf/rrfm
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Exhibit B: Deed and Plan for Lot A , 1
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U. S. Federal Revenue Stamps Maasnehncetts Deed Excise Stamps srOlr i
in . :gin c! S....//...2.A.___ in s--: ,•' S.-✓/....51.f.__...... $ 9 0
u.'ii.,.•:! ..• i cxnceibed cn this e;':;--,-,1 ss::J css:ec.ied on this
iastrumOnt.
instrument. FACT= l
I, FRANCIS B. KITTREDGE, 3 4 9 i i,
1 k
of North Andover, Essex County.Massachusetts,
beingamnanied, for consideration paid,grant to CAROLINE S. ROGERS, FRANCIS B. KITTREDGE
and JOHNS. OSGOOD, as they are TRUSTEES OF THE CENTER REALTY TRUST OF 1
NORTH ANDOVER, under Agreement and Declaration of Trust dated kilo r M. • !
195q and recorded with Essex North District Registry of Deeds in
ok 9gi , age52.
y with quixrlttim emtent uis J
ttsyta xbdtx i i
the land situate on the westerly side of Academy Road in said North qs ftas., y
Andover, being shown as Parcel "A" on a plan t0 be recorded ]woad,No.377'} 1
said plan being entitled "Plan of Land in North Andover, Mass. owned by
Francis B. Kittredge", dated September 404958, by Ralph B. Brasseur, i
II
C. E., and said parcel being bounded andtt'd cribed as follows:
I
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NORTHEASTERLY and EASTERLY by Academy Road, 452 feet; i
SOUTHERLY by Lot "B" on said plan, 528.0 feet;
EASTERLY by a brook, 205.98 feet; i viii:
NORTHERLY by land now or formerly of Clark, 78.90.feet; i F'
NORTHERLY again by the Old Burying Ground, 185.10 feet; and j
EASTERLY by the said Old Burying Ground, 186.43 feet. i'
Containing 2.69 acres, more or less, all as shown on said plan. {
Being -part of the premises conveyed to 'Joseph Kittredge by deed i
of Thomas Kittredge et al, dated July 8, 3.918 and recorded with Essex • 1
•
North District Deeds in Book 388, Page 412. For my title see estate of
• the said Joseph Kittredge, Essex Probate No. 195918. •
It is agreed that the ditch on said premises, as shown on said
plan, is a natural waterway and shall be kept open at all times by the j
grantees, their successors and assigns.
Subject to the municipal real estate taxes for 1959 which the •
grantees covenant to assume and agree to pay. I
f said grantor, y
• I, Mary P. Kittredge wsfe 1
release to said grantee all rights of " tour°""
dower and homestead and other interests therein f
I
3@ttness....A1,X.hand s and seals this ..5--141 day o£ Ay ,1.. ....19..59. 1
i
Olir fmmnaumeaitil of Etta ' f
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Essex ss. J X"AS,59 59
Then personally appeared the above named Francis B. Kittredge i
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and admowledged the foregoing instrument to be his free act and deed,before me i
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va.rr P.b --Juxtio abbtiewex
My ren.nission expiry ([7 WnQ. AS, 1960. I
Essex,ss. Recorded Mar. 25, 1959 at 25m past 1P.M. #560 I ''
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/ Area= 2.69 Acres Area •1.23 Acres 1Q1113
i .w (Lol•B'�o oe said fe �yjy • 1'
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PLAh1 OF L D i■ i,
o .1- gNoovFr-H NORM 4\N DO Y E � MAGG �
Ists,.xr.got+w... .r wr,ell. OWNED P7Y t,
A ,� FEZ -�►f'�1C + C� . I�f TT�C EG
(! SeALE 1'1.-4.o' SEPT: 17 105x$ p' 11 8r s:eor C.E.
{ � C�aystfiril ,Mass. 1
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Exhibit C: Deed and Plan for Lot C2 and D
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ELlz 13904 Ps 125 -414162 is
07-0;3-2014 a 03:St?i
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QUITCLAIM DEED
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I,Robert Dale Stevens,ot'North Andover,Essex County,Massachusetts
t
for consideration paid the amount of One(51.00)Dollar
`C.. . grant to Academy Road Nominee Trust,Robert Dale Stevens and Anne L.Stevens,Trustees i./d/t fi
t I dated July 3,2014,and recorded herewith,of 140 Academy Road,North Andover,MA 01845
i
A - with Quitclaim Covenants 1
1
Parcel No.1
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""4 A certain parcel of land with the buildings thereon situated in North Andover,Essex ,
4 Cci: ,Massachusetts,shown as Lot 1B on a plan of land entitled,"Plan of Land in North
,,;,;;. Andover,MA showing proposed easements prepared for Robert Stevens,"which plan is recorded i
—S ti with the North Essex Registry of Deeds as Plan No.1 6349,to which Plan reference is made for a
.Q more particular description of the said Lot 1B.
k According to said Plan,Lot 1B contains 124,323 square feet,2.8541 acres.
t- Said Lot 1B is conveyed together with the benefit of a No-Cut Zone over Lots 2B and 3B,and a l;,
20'wide Utility Easement and a 20"wide Sanitary Sewer Easement over Lot 2B,all as shown on
o 4 said Plan.See deed recorded in said Registry in Book 12774,Page 42 for a more particular I.
, description of the No-Cut Zone and the Easements.
%1 .� Excepting,however,that portion of said Lot 1 B previously conveyed to The North Parish of i
North Andover by deed recorded in the Essex North Registry of Deeds Book 13811 Page 175.
,
Being the remaining portion of Parcel 1 from deed recorded in said Registry in Book2073 Page
40. t
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Parcel No.11
A certain parcel of vacant land situated on the westerly side of Academy Road in North
Andover adjacent to the parcel described above,being known as the".74-acre lot"being more i
particularly described in deed from John G.Whitman,Executor and Trustee to Mary F.Charles, F.
recorded with said Deeds in Book 908,Page 24,as follows:
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Bk 13904 Pg126 #14162 I`
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Easterly: by Academy Road one hundred fifty feet;
Southerly: by registered land(now or formerly)of Avco Manufacturing Corporation
shown on Land Court Plan 10780A two hundred eighteen and 25/100 feet:
Westerly: by land(formerly)of Buchanan Charles one hundred fifty feet;and
Northerly: by land(formerly)of Mary F.Charles two hundred fourteen and 65/100
feet;
Containing 32,400 square feet,and be all or any of said measurements or contents more
or less,and however otherwise said premises may be bounded or described.
All of the above described premises are conveyed subject to and with the benefit of all
easements,rights and restrictions of record insofar as the same are now in force and applicable.
For title see Deed recorded in Book 2073,Page 40.
WITNESS my hand and seal this 3`d day of July,2014.
Robert Dale Stevens,
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COMMONWEALTH OF MASSACHTJSE1TS
Middlesex, SS:
On this 31d day of July,2014,before me,the undersigned notary public personally appeared
Robert Dale Stevens,proved to me through satisfactory evidence of identification,which was a
driver's license to be the person whose name is signed on the preceding document and
acknowledged to me that he signed it voluntarily for its stated purpose.
NORMA Cpl,JR,
•
Comemialth dltavath setts /'1
Apil 26, is Andrew A.Itirey,Jr.,Notary Public
My Cornmiss in Expires:4/25/19
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. GK 4729 PG 308
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QUITCLAIM DEED
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Or ROBERT DALE STEVENS and SAMUEL A.C. STEVENS, Trustees of 84
Academy Road Realty Trust, established under a Declaration of
Trust dated October 31, 1985, and recorded with the Essex County 1
Northern District Registry of Deeds in Book 2073, Page 31, of 81
Old Concord Road, Belmont, Massachusetts 02178 (the "Grantors"),
for consideration, paid, of FIVE THOUSAND DOLLARS AND 00/100
($5,000.00), hereby grant, with QUITCLAIM COVENANTS, to ROBERT D.
STEVENS, individually, of 140 Academy Road, North Andover,
Massachusetts 01845, the land situated on Academy Road in North CQ
Andover, Essex County, Massachusetts, more particularly described h�+7
as follows:
C4
g Parcel C2 shown on a plan (the "Plan") entitled "Plan of
Land Located in North Andover, Massachusetts" dated December
12, 1996, prepared by Meridian Engineering, Inc., duly
recorded with said Deeds on January 29, 1997 as Plan o. t
12985 (the "Premises"). '
Containing approximately 8,265 square feet of land, accordi�gd`' l0'�
i.
For Grantors' title see deed of Samuel Abbot Cordingley Stevens, -
Any Stevens Putnam, Robert Dale Stevens and State Street Bank and 1.'
Trust Company, dated October 31, 1985, recorded with said Deeds
in Book 2073, Pages 36.
Executed as a sealed instrument thiso2$n''day of /ebruo/ , 1997.
/ f`
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s,gE 4okiH Robert Dale S eve , .stem
as aforesaid and not
41/15/97 individually #
2.•.8s
CwC:C aauel A.C. Stevens, Torus a k:
`' as aforesaid and not
o,:,:., 0 individually
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NIU. :, &AgLo J
nw IMIANN mL Pa% ,
BDSfos,flit ale Ito-RbDQ
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OF MASSACHUSETTS
SUi , _. R&u.o-Ai z6 , er
s_ �_llya�red a. �_ _wSamuel A. c (
Stevens, as Trustee of the a Acad.ay Road Realty Trust, and
acknowledged the foregoing instrun_t to be his free act and
deed, as Trustee, before _.
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My Commission ƒ _. zeti0 f
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1 � Exhibit D: Deed and Plan for Lot 1B-B2
Bk 13904 Ps 12 14162 5
07-03-2014 a 03 W 5Q
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QUITCLAIM DEED
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I,Robert Dale Stevens,of North Andover,Essex County,Massachusetts
for consideration paid the amount of One($1.00)Dollar
vc, . grant to Academy Road Nominee Trust,Robert Dale Stevens and Anne L. Stevens,Trustees u/d/t
•Z dated July 3,2014,and recorded herewith,of 140 Academy Road,North Andover,MA 01845
sk
with Quitclaim Covenants
i 3
Qz Parcel No. 1
--4
A certain parcel of land with the buildings thereon situated in North Andover,Essex
Z County,Massachusetts,shown as Lot 1B on a plan of land entitled,"Plan of Land in North p
6 Andover,MA showing proposed easements prepared for Robert Stevens,"which plan is recorded
with the North Essex Registry of Deeds as Plan No. 16349,to which Plan reference is made for a
y 1 more particular description of the said Lot 1B.
v According to said Plan,Lot 1B contains 124,323 square feet,2.8541 acres.
I
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Said Lot 1B is conveyed together with the benefit of a No-Cut Zone over Lots 2B and 38,and a
20' wide Utility Easement and a 20"wide Sanitary Sewer Easement over Lot 28,all as shown on
' ' said Plan. See deed recorded in said Registry in Book 12774,Page 42 for a more particular
r description of the No-Cut Zone and the Easements. P41) 1
.-- Excepting,however,that portion of said Lot 1B previously conveyed to The North Parish of
North Andover by deed recorded in the Essex North Registry of Deeds Book 13811 Page 175.
Being the remaining portion of Parcel 1 from deed recorded in said Registry in Book2073 Page
40.
Parcel No.11
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A certain parcel of vacant land situated on the westerly side of Academy Road in North t
Andover adjacent to the parcel described above,being known as the".74-acre lot"being more
particularly described in deed from John G. Whitman,Executor and Trustee to Mary F. Charles,
recorded with said Deeds in Book 908,Page 24,as follows:
30 i.
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Bk 13904 Pg126 #14162
Easterly: by Academy Road one hundred fifty feet;
Southerly: by registered land(now or formerly)of Avco Manufacturing Corporation
shown on Land Court Plan 10780A two hundred eighteen and 25/100 feet:
Westerly: by land(formerly)of Buchanan Charles one hundred fifty feet;and
Northerly: by land(formerly)of Mary F. Charles two hundred fourteen and 65/100
feet;
Containing 32,400 square feet,and be all or any of said measurements or contents more
or less,and however otherwise said premises may be bounded or described.
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All of the above described premises are conveyed subject to and with the benefit of all
easements,rights and restrictions of record insofar as the same are now in force and applicable.
For title see Deed recorded in Book 2073, Page 40.
WITNESS my hand and seal this 3rd day of July,2014.
V-e-O"i-q94—Pdie
Robert Dale Stevens,
COMMONWEALTH OF MASSACHUSETTS
Middlesex, SS:
On this 3rd day of July,2014,before me,the undersigned notary public personally appeared
Robert Dale Stevens,proved to me through satisfactory evidence of identification,which was a
driver's license to be the person whose name is signed on the preceding document and
acknowledged to me that he signed it voluntarily for its stated purpose.
AFERSVCAFFREY,JR.
Norm Rift
`1 awldl n
:l vyMITIO161011
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AM 28,2019 Andrew A. 411 ey,Jr.,Notary Public
My Commiss •n Expires:4/25/19
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Exhibit E: Certified Town Meeting Vote
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET I'
NORTH ANDOVER, MASSACHUSETTS 01845
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Joyce A. Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail jradshaw cr townofnorthandover.com
This is to certify that the following vote was taken on Article 24 at the Dissolved Annual
Town Meeting for the Town of North Andover held May 20,2014:
i
Article 24: Report of the Community Preservation Committee — Appropriation From
Community Preservation Committee Fund. Unanimous vote to receive the report of the
Community Preservation Committee and to raise, transfer and/or appropriate from the
Community Preservation Fund in accordance with the provisions of Massachusetts General
Laws, Chapter 44B, a sum of money to be spent under the direction of the Community
Preservation Committee as shown in the List of Approved Projects in Article 24; and, with
regard to the appropriation of the $570,000 for the Old Center Preservation Project, to authorize
an expenditure not to exceed $570,000 for the purchase of a conservation restriction or other
interest from Center Realty Trust or its nominee, in three parcels of land, shown as Lot 1, Lot 2 i
and Lot 3 on the Plan of Land submitted to the Community Preservation Committee, which ,,
three parcels of land are a portion of the parcels of land described in deeds recorded with North 1
Essex Registry of Deeds in Book 2073, Page 40 and Book 890, Page 349, and which are a
portion of the parcels known as Assessor's Map 59, Parcel 1, Assessor's Map 96, Parcel 26, and
Assessor's Map 96, Parcel 33, and expenses incidental and related thereto for purposes of the
purchase of a conservation restriction or other interest, and that the Town Manager be authorized
to file on behalf of the Town any applications for funds in any way connected with the scope of
the acquisition of said conservation restriction, that the Board of Selectmen be authorized to
determine the final purchase price of the restriction and any other interests which may be ,
acquired for the purposes stated herein, and that the Town Manager and the Board of Selectmen
be authorized to enter into all agreements and execute all instruments, including but not limited
to grant agreements, easements and conservation restrictions in accordance with Massachusetts
General Laws Chapter 184, on terms and conditions they deem to be in the best interest of the
Town and as may be necessary on behalf of the Town of North Andover to affect the purchase of i
said conservation restriction; and, with regard to the other appropriations listed in said Article <<
24, that the Town Manager and Board of Selectmen be authorized to enter into all agreements f;
and execute all instruments, including but not limited to deeds, easements, and restrictions in
accordance with Massachusetts General Laws Chapter 184, on terms and conditions as they
deem to be in the best interest of the Town, to carry out the purposes of M.G.L. Chapter 44B.
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List of Approved Projects—Community Preservation Fund
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Description Amount Category i
1 £
McEvoy Field—Phase 2 $ 290,000 Open Space -Recreation
1
Stevens Estate—Stained Glass
Window Refurbishment $ 25,120 Historical Preservation
f
Multi-Use Trail—Phase 1 $ 176,000 Open Space -Recreation
Sargent School Playground $ 92,260 Open Space - Recreation z'
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Old Center Preservation Project $ 570,000 Open Space/ i.
Historical Preservation m
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Nan's Trail $ 68,435 Open Space
Reserve for Affordable Housing $ 196,600 Affordable Housing
Administrative Costs $ 30,000 Administrative and i
Operating Expenses
Total for Approved Projects $1,448,415 i
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Community Preservation Committee
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VOTED MAY 20,2014
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ATTEST: 4`
A True COPY
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