Declaration of Covenants, Easements & Agreements

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Date	2015-12-09
Category	Founding Instruments
Status	Public record — recorded or publicly filed
Recording	Bk 34576 Pg 477
Verify at source	Southern Essex District Registry of Deeds — search Bk 34576 Pg 477
Pages	17
Size	325 KB

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SO. ESSEX #117 Bk:34576 Pg:477
12/09/2015 09:57 CVNT Pg 1/9

DECLARATION OF COVENANTS, EASEMENTS, AGREEMENTS &
MANAGEMENT PLAN RELATING TO OPEN SPACE AND HOMEOWNERS

ASSOCIATION AND OTHER AMENITIES FOR, ESSEX
CROSSING AT MONTSERRAT, BEVERLY, MASSACHUSETTS
WHEREAS, DUC Residential LLC, a Massachusetts Limited Liability Company,
(hereinafter referred to as the “DEVELOPER"), owns certain land in Beverly, Essex
County, Massachusetts, shown on a certain OSRD Site and Definitive Subdivision Plan
entitled “Essex Crossing Beverly Massachusetts", prepared by Hayes

Engineering, Inc. recorded as Plan No. 73 in Plan Book 446 at Essex South Registry of
Deeds (hereinafter referred to as the “Plan").

WHEREAS, Developer is presently developing said property to be known as Essex
Crossing at Montserrat, Beverly Massachusetts in compliance with the terms and
conditions of a Planning Board Approval (as hereinafter defined), and thus the
Developer intends and desires to place certain covenants, easements, affirmative
obligations, charges and liens (hereinafter sometimes referred to as "the Covenants")
upon the use of all of the land and improvements shown on the Plan, with the
exception of Open Space Parcel A and Open Space Parcel B, which are being

conveyed to the City of Beverly (hereinafter the “City”) and desires that the
Covenants shall run with the title to the land hereby restricted.
NOW, THEREFORE, for and in consideration of the premises, as required by the terms
and conditions of the Planning Board Approval and for other good and valuable
considerations, Developer, for itself and its successors, grantees and assigns, does
hereby restrict the use, as hereinafter provided, of all of the land and improvements

shown on the Plan (sometimes referred to as “Property'') and does hereby place
upon the Property the following Covenants to run with the title to the Property,
and the grantees of and under any deed conveying any lot or lots, parcels or
tracts shown on the Plan, or any parts or portions thereof, shall be deemed, by the
acceptance of such deed, to have agreed to all the Covenants and to have covenanted
and agreed to observe, comply with, and be bound by the Covenants hereinafter set
forth.

ARTICLE I -- DEFINITIONS Section 1.01. The following words and terms, when used in

this Declaration shall have the following meanings:
a. Developer shall mean and refer to DUC Residential LLC a Massachusetts Limited

Liability Company, together with its successors, legal representatives, grantees,
and assigns.
b. Plan shall mean and refer to a certain OSRD Site and Definitive Subdivision Plan
entitled
“Essex Crossing Beverly Massachusetts”, prepared by Hayes Engineering, Inc.
recorded as Plan No. 73 in Plan Book 446.
c. Covenants shall mean and refer to the covenants, restrictions, easements, affirmative

obligations, charges, and liens created and imposed by this declaration.

Brian D. McGrail, Esq.
599 North Avenue Suite 7 Second Floor Wakefield, MA 01880
--

d. Declaration shall mean and refer to this declaration together with any
supplements or
amendments thereto.
e.

Property or Subdivision shall mean and refer to all of the land and improvements
included on the plan or any supplements or amendments thereto. It shall not
include Open Space Parcel A or Open Space Parcel B shown on the Plan, which
are being conveyed to the City.
f. Lot shall mean and refer to the plots of land numbered 1 through 16, as shown on the
Plan as the same may be amended and/or modified by the Beverly Planning Board.
g.

Open Space shall mean and refer to Open Space Parcel C as shown on the Plan and
required by Conditions 2 & 4 of the Planning Board Approval as the same may be