Canton, Massachusetts · Saved source text

Article 31 - Accept Saddleback Lane and Horseshoe Lane as Town Ways pdf file

Town Meeting · Town Meeting archive year 2024 · Record 5817981299b283f7dd

Saved text from 58 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.

vi.

vii.

viii.

xi.

xii.

Bk 39099 Pg20 #29737

NOT                                 NOT
to procure HPabNity, casualty and fidelity insutartte;
OFFICIAL   OFFICIAL
to pay, résist, npromise or submit to arGitatian Any claim or matter in dispute
and to sue and be sued in the name of the trust;

to determine and collect the common and special charges from the Owners and to
pay such common and special expenses;

to enforce compliance with and to administer the provisions of this Declaration;

to inspect, maintain and replace the detention pond, sewer pump station and
related systems located in, on, and throughout the Trust Property;

to exercise any other powers which may be nccessary or desirable for carrying out
the terms of this Trust or which the ‘Trustees may have under any present or future
statute, regulation or rule of law or which may be required of the Trustee as title
holder of the personal and real property of the Trust; and to execute and deliver
all appropriate instruments in connection therewith;

to give notice to the Canton Department of Public Works upon any change of
Trustee(s) pursuant to Sections 12 and 13 hereof, and within seven (7) days after
each annual meeting, give notice to said department as to the name, address and
telephone number of each Trustee who shall so serve for the following year.

For the purpose of carrying out the terms of this Trust, the Trustees, with the consent of
at least four-fifths of the Owners shall also have the following powers which shall
continue after the termination or the Trust for the purpose of disposing of the Trust
Property and until final disposition thereof:

’

iL

iti,

to sell, exchange and otherwise dispose of any of the Trust Property, whether real
or personal;

to convey to the Town of Canton or other public body any interest in the Trust
Property for the purpose of transferring ownership, maintenance and control of
the Trust Property and any improvements thereon;

Common and Special charges and Duties. The Trustee shall, from time to time,
and at least annually, prepare a budget for the Trust to determine the amount of
the common charges payable by the Owners to meet the common expenses of the
Trust. The Trustee shall have the power to raise such amounts of money to meet
any needs of the Trust by assessing on each occasion upon all of the land (which
shall include land and improvements) of each Owner, such Owncer’s proportionate
share of the total amount to be raised. Such share shall be determined by
dividing the total amount to be raised by the total number of Lots at the time of

3

Bk 39099 Pg21 #29737

NoT                                     NOT
such assesstheht. ‘The determination of the Trustee regarding the amount of the
asSes3méht Shall tie donblusive. Cognniioreexpensed shalltinclude, without

limitatiog, the Pnsfection, maintenance and repair of the roadway and detention
basin,

In addition, the Trustee shall have the power to assess the Owners for special
charges in connection with extraordinary repairs to the Trust Property as may be
determined from time to time by the sole discretion of the ‘Trustee, which determination
shall be final and binding upon all Owners. The Trustee shall, upon reasonable request,
render certificates suitable for recording indicating whether or not payments are duc to
the Trust with respect to any common or special charges, which certificates shall be
conclusive open all persons as to the facts stated therein.

6.        PAYMENT OF COMMON AND SPECIAL CHARGES

All Owners shall pay the common charges assessed by the Trustees quarterly, or at such
other time or times as the Trustees shall determinc. Owners shall, at the time or first purchase of
a Lot, pay in advance an amount not to exceed three months estimated share of common
expenses to provide a working capital fund, and to maintain said fund as required by the
Trustees. Special charges shall be paid within sixty (60) days after notice from the Trustees or as
the Trustees in their discretion may otherwise require.

7.        LIEN FOR COMMON AND SPECIAL CHARGES

Each assessment so made upon on Owner shall constitute and remain a charge and lien
upon such Owner's lot and every portion thereof from the date of the assessment until paid in
full, and shall also constitute a personal debt of the Owner who is owner of such lot on the date
of the assessment to the Trustee. Such charge, lien or personal debt may be enforced or collected
by the Trustee by any available process including, without limitation, foreclosure of the charge
or lien against the Lot. All costs and expenses incurred by the Trustee in enforcing or collecting
any assessment, including reasonable attorney’s fees, shall be paid by the Owner responsible for
assessment and shall constitute a further lien or charge on said lot and a personal debt of the
Owner. Notwithstanding the above provisions, such charge and lien shall be junior to each first
mortgage to a mortgage lending institution, cither charted or licensed under state or federal law,
outstanding upon such land on the date of the assessment, but foreclosure of the mortgage shall
not impair the power of the Trustee subsequent to the foreclosure by any said mortgage lending
institution, to make further assessments upon such Lot. A purchaser of a Lot at a judicial or
foreclosure sale or a first mortgagee who accepts a deed in lieu of foreclosure shall be liable to
the fullest extent permitted by law for assessments due and payable at the time of said judicial or
foreclosure sale or acceptance of a deed in lieu of foreclosure, If any assessment is not paid
when due, such assessment shall bear interest at the rate of three (3) points over the discount rate
of the Federal Reserve Bank of Boston, but not less than twelve (12%) percent per annum from
the due date until paid in full. If any assessment is not paid in full thirty (30) days after its due
date, the Trustee may, in addition to other rights herein reserved, accelerate the payment of its
reasonable estimate of common charges for the twelve (12) month period following the default

4

Bk 39099 Pg22 #29737

NOT               NOT
and such sum shall serve a& s@turity for the payment of futute Common special charge
obligations,  OFFICIAL   OFFICIAL
cOoPY              COPY.

8.       LIABILITY OF THE TRUSTEE

All persons having any claim against the Trustees hereunder shall look only to the Trust
property for any such contract or claims so that neither the Trustee nor the Owners shall be
personally liable thereto. No Trustee hereunder shall be liable to this Trust or to the Owners for
the default of any other Trustee, or for any error in judgement of fact or law on his own part, but
shall be liable only for his own willful default, Any ‘Trustee hereunder or former Trustee shall be
reimbursed in full by the Trust for any loss or expense incurred or suffered by him or his estate
as a result of his acting as ‘Trustee hereunder excluding only such loss or expense resulting from
his own willful default and such payment shall be a common expense.

9.             RELIANCE BY THIRD PARTIES

No person dealing with any Trustee shall be bound to inquire concerning the validity of
any act purporting to be done by him or be bound to see to the application of any moncy paid or
property transferred to him or upon his order, If there is one Trustee of this Trust, any act may be
performed by said sole Trustee; if there be more than one Trustee, then any act shall be a
majority of the Trustees.

10.            FINANCIAL RECORDS

The Trustee shall at all times keep proper records and accounts of the affairs of the Trust
which shal] be open to inspection by any Owner at all reasonable times. At least once a year, the
Trustee shall render a written report and financial statement to the Owners. The approval by a
majority of the Owners of any report or financial statement by the Trustee shall be, as to all
matters and transactions stated in said report or statement or shown thereby, a complete
discharge of the Trustee and final and binding upon all Owners.

ll. TRUSTEE IN NUMBER AND TERMS

There shall always be at least one (1) Trustee hereunder. The number of Trustees is to be
determined from time to time by the Owners. Only an Owner may be a Trustee. The term of
each Trustee shall expire at the time fixed herein for the annual meeting of the Owners to be held
in the third year after the election of such Trustee, provided that the initial term of the original
Trustee shall expire at the time fixed for the annual meeting to be held in the year of 2021, at
which time three (3) Trustees shall be elected having a term of three years,

12. ELECTION OF TRUSTEE

A.       There shall be one original Trustee who shall be Sunny Thomas, Manager of Acom

Woods, LLC

Bk 39099 Pg23 #29737

NOT                                     NOT
AN                                          AN

B.               As lonf'a#thé Atom Bobds, LLC ovenstay of tite Dota sliown on
the Pian, Sunny Thoma Mariage of Acorn Woods, LLG, aphés dition, shall be the sole trustee
hereunder, and may not be removed as a trustee hereunder notwithstanding any provision hercin to
the contrary. One Hundred Twenty (120) days after the time of the conveyance of all the Lots to
parties other than Acorn Woods, LLC, or at any time that Sunny Thomas The Manager of Acorn
Woods, LLC, wishes to designate or turn over his powers hereunder as trustee to a new successor
trustee, there shall be one (1) trustee, who at all times shall be Owncrs of full legal capacity. The
initial trustee shall be appointed by the Acorn Woods, LLC and shall serve as trustees for a
period of twelve (12) months. At the end of said twelve-month period, a majority of the Owners
shall elect three trustees to serve the next until a new election, A trustee who ceases to have the
qualifications specified in the instrament appointing him shall thereupon automatically cease to be
a trustee. A trustee may resign his office by filing his written resignation with the records of the
Trust which shall be effective at the time of filing or such later time as may be specified therein. A
trustee may be removed from office by a writing signed by at least three-fourths in interest of the
Lot Owners, which shall be effective when filed with such records, The writing of removal by the
remaining Owners may also contain the appointment of a new trustee to fill the vacancy so
created. The trustees may fil] any vacancy created but not filled by such writing of removal, and
any vacancy otherwise occurring, by a writing signed by the remaining trustees and filed with such
records, Ifa vacancy shall have existed for more than thirty (30) days, it may be filled by any
court having jurisdiction. An instrument of appointment shall specify the qualification of the
appointee. An appointment shall be effective upon the filing of the appointees written acceptance

of office with such records. A trustee may deal as an individual with the Trust if it is represented
in the transaction by two other trustees,

Each Owner shall have a one-twenty eighth (1/28) interest in the Trust and
shallbe responsible for one-twenty third (1/28) of the Trusts common expenses, However, no
Owner shail be entitled to any division of the Trust property or fo take any action looking to a
severarice or set-off of his title or interest. thereafter to make further assessments upon such Lot
under this paragraph, nor otherwise impair such restrictions and servitudes thereon.

Cc,        At each meeting of the Owners commencing on the annual meeting to be held in 2021 or
the annual meeting.

13. VACANCIES AND REMOVALS

Any Trustee may at any time resign as Trustee by a written instrument, signed,
acknowledged and delivered by him to the remaining Trustees, Upon the death or resignation of
any Trustee, a vacancy in the office to the Trustce shall be deemed to exist, and a new Trustee
shall be elected for the unexpired term by the remaining Trustce or Trustees, or in the event of
their inaction or non-existence, by the Owners at a special meeting called for that purpose, Any
Successor Trustee shall qualify as a Trustee by written acceptance, signed and acknowledged by
him. Pending any appointment ofa successor Trustee, the remaining Trustee or Trustees shall
have and may exercise all powers, authorities, and discretions conferred by this Trust.  Upon the

6

Bk 39099 Pg24 #29737

NOT               NOT
election of a successor Trusted, the trust property shall vest4n the successor ‘Trustee and the
continuing Trusted, WitHouk farther Action.     OFFICIAL

cOPY              COPY

14. FIDELITY BONDS AND SURETY

The Trustee shall attempt to obtain fidelity bonds in amounts which he deems reasonably
sufficient to cover the Trustee and employees of the trust handling or responsible for finds.

13. ANNUAL MEETINGS

Any action or consent by the Owners shall he taken or given at the Annual meeting or at
any special meeting of the Owners, The annual meeting of the Owners shalt be held, on the first
Tuesday in June of each and every year (or, if that be a legal holiday, on the next succeeding full
business day) at the hour and place to be fixed by the Trustee. If no annual meeting has been
held on the date fixed above, a special meeting in lieu thereof may be held. Special meetings of
Owners may be called by the Trustee on his own motion and shall be called by the Trustee upon
written application to the Trustee of at least sixty (60) percent of the Owners. A written notice of
the place, date and hour of all meetings of Owners shall be given by the Trustee at least fifteen
(15) days betore the meeting to each Owner. Notice need not be given to an Owner if written
waiver of notice, executed before or after the meeting by such owner or his proxy thereunto
authorized is filed with the records of the meeting.

16. QUORUM

A majority of the Owners shall constitute a quorum, but if a quorum is not present a lesser
number may adjourn the meeting from time to time and the meeting may be held as adjourned
without further notice. For the purpose of determining a quorum, an Owner represented by a
proxy, as defined in Paragraph 17 hereafter shall be deemed to be present at any meeting
provided such proxy is unlimited as to its authority for any proposed meeting.

17. VOTING

Each Owner shall be entitled to one vote for each lot owned in the subdivision. No
portion of one vote may be cast in the event that more than one person holds record title to a lot.
Such vote may be cast in person or by proxy. Any instrument dated not more than six (6)
months before the meeting purporting to grant authority to another to cast such vote, duly
executed by the Owner and acknowledged by a notary public shall be a proxy, A proxy shall be
revocable at any time by written notice to the Trustee, When 2 quorum is present, any matter

before the meeting shall be decided by a majority vote of the Owners, except where a larger vote
is required by this Trust.

Bk 39099 Pg25 #29737

NOT               NOT
18.   DISPOSITION OR TRUST PROPERTY      AN
OFFICIAL   OFFICIAL
Nothing in this Agr@eieit shall be deemed to disthargp the Trust or its successors in title
from the obligations contained in Section 5 above.

19. NOTICE

All notices to the Owners shall be in writing and shall be sent to the owner (or to such
designated Owner as described in Section 4 hereof), at the last address of such Owner as it
appears in the records of the Trust. Changes in the addressee of the Owners shall be notice in the
records of the Trust only upon written notice filed with the Trustee. Notice shall be deemed
given as of the date of mailing. Any notice to the Trust shall be in writing and sent to the address
listed in the then most current instrument executed by the Trustee in the Plymouth County

Registry of Deeds,
20. TERMINATION BY LAW

This Trust, unless sooner terminated as herein provided shall have perpetual existence;
but shall be terminated only if alternative arrangements for the maintenance described herein is
approved by the Town of Norwell.
2k.      INCUMBENCY OF TRUSTEES

A certificate signed by the Trustee and acknowledged before a notary public shall be
conclusive evidence in favor or any person, firm, corporation, trust or association acting in good
faith in reliance thercon as to the truth of any matter of facts stated therein relating to:

A, the death, resignation, removal or appointment of the Trustee or to the delegation by the
Trustee to another Trustee of his powers, authorities and discretions;

B.       compliance by the Trustee and Owners with any requirement of this Trust;
the terms of this instrument, any amendment or termination of this Trust;

D.        the fact of and the validity of any action taken by the ‘Trustce or Owners and
to the authority of the Trustee or Owners to take such action;

E.        the number of Owners acting in favor of any matters: or
F.        any other matter pertaining to the Trustee, the Owners or the Trust Property.

When recorded with the Norfolk County Registry of Deeds, such certificate shall be

conclusive notice to all persons regardless of whether they have actual notice thereof or act in
reliance thereon.

Bk 39099 Pg26 #29737

NOT                                     NOT
22, TOWN OF CANEON RIGHTS                      AN
OFFICIAL   OFFICIAL

The Lot Ownerég@nPtolthe Trust and the TownGh@rightYbut not the obligation, to enter
upon any Lot to inspect, maintain, repair or replace any of the appurtenances necessary for the
proper operation or maintenance of the detention basins. The Town of Canton is nat responsible
for the maintenance and/or repair of the detention basins, including inlet and outlet control
structures, Ultimate street acceptance by the Town may be limited, as to drainage, to the storm
drainage system within the street layout. In the cvent the Trustee fails to inspect, report on said
inspections, or maintain the detention basins, the Town may serve written notice of such failure
upon the Trustee or Lot Owners and shall include a demand for correction within thirty (30) days
of the notice and shall state the date, time, and place of a hearing thereof which shall be held

within fourteen (14) days of the notice. The Town may serve a copy of this written notice upon
the Lot Owners.

If the deficiencies are not corrected or the Town’s demand modified, the Town may enter
upon the detention basins or the roadways to maintain the same at the Trust’s sole expense.

Before the expiration of each year of Town maintenance, a public hearing shall be called
by the Town at which time the Trustee shail show cause why such maintenance should not
continue for a succeeding year. If the Town determines that the need for Town maintenance no
longer exists, the Town shall cease to maintain the detention basin.

If the Town of Canton performs any maintenance required by this Trust which has not
been performed by the Trustee, the Trust shall pay the actual cost thereof. Such cost shall
constitute a lien upon the lots, in accordance with Section Seven (7) above, within the
subdivision until said cost is paid. Allocation or such costs shall be made in the same manner as
common charges as provided above in this Declaration. The chief administrative officer of the
Town, presently the Town Administrator, shall have enforcement powers under this paragraph.

In any event, the Town shall have the authority, with respect to any emergency as relates
to the detention basin, to enter and make necessary repairs in order to abate said emergency.

All costs incurred by the Town for maintenance or emergency repairs shall be paid by the
Trustee within thirty (30) days of written notice to the Trustee by the Town and, if not paid by
the Trustee within the time allowed, then such costs shall be assessed against the Lot Owners and
shall become a lien on those properties which may be collected and enforced in the manner fixed
by law for the collection of taxes. Notice of the lien shall be recorded in the Registry of Deeds.
As an alternative or in addition to this process, the Town may recover its costs by means of
betterment assessments on the Lots.

Notwithstanding anything herein to the contrary, the Town shall be entitled in all circumstances,
the costs, expenses and reasonable counsel fees in enforcing any repair and/or maintenance
obligations with respect to any area under control of the Trustees and/or the costs of collection of
any costs, expenses and obligations from any Trustee of Lot Owner.

Bk 39099 Pg27 #29737

NOT                                  NOT
23.      RECORDING AN                                      AN
OFFICIAL   OFFICIAL
Any amendments of tRisYTrust, resignations and @ppiitniénts of Trustee shall be tiled
with the Norfolk County Registry of Deeds and any person shall be entitled to rely on the records
of said Registry with respect to the termination of the Trust, the terms of the Trust, any
amendment thereto, the identity of the Trustee or Trustees, the identity of the Owners, the office

address to the Trustee, and to any other matter pertaining to the Trust, the Trustee, the Owners or
the Trust Property.

24, GOVERNING LAW

This trust shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts.

Signature Page to Follow

Bk 39099 Pg28 #29737

NOT       NOT

o
ty
[om]
On yp
Ls © eA
oR
Q
OH DY
yvoe
oH

WITNESS the execution hereof under my hand and seal also signifying thereby any acceptance

of the Trust herein declared upon the day and date first above written, effective as of June 12,
2018,

Acorn Woods, LLC             ”
By: Za
unny Thoms, Manager Tyuste e

COMMONWEALTH OF MASSACHUSETTS
Norfolk, SS              \

yl
On this ee of Del ends:       , 2020, before me, the undersigned notary public,

personally appeared Sunny Thomas, Manager of Acorn Woods, LLC and proved to me through
satisfactory evidence of identification, which was a MA Driver’s License, to be the person whose
name is signed on the within document, and acknowledged to me that he signed it voluntarily for
its stated purpose, as Manager, aforesaid,

Notary Public

My Commission Expires: _} 0  | 2%  | a0 a7

WILLIAM C, GARRAHAN

Bk 40015 P475 £15B819
LL—-NL-2O921 & insoSa
NOT         .      NOT
Casto Hilis Estates Homeowners) Trust
OFFICIAL   OFFICIAL
Cc O PAPPOINTMENT OF TRUSTEEY

Sunny Thomas Manager of Acorn Woods, LLC, a Massachusetts Limited
Liability Company with its principal office located at 88 Waverly Street, Framingham,
Mass. 01702 as Trustee of Canton Hills Estates Homeowners Association Trust, u/dit
dated December 22, 2002 and recorded at the Norfolk County Registry of Deeds at
Book 39099 Page 18 (hereinafter referred to as “the Trust") hereby appoint/designate

as Trustee of the Trust pursuant to Section 12 (B) of the Trust the following owner/
individual:

1) David Nicholas who owns and resides at 35 Saddleback Lane, Canton
Mass.

I, David Nicholas, of 35 Saddleback Lane, Canton, Massachusetts, hereby accept appointment
as Successor Trustee of the Canton Hills Estates Homeowners Association Trust u/d/t dated

December 22, 2020 and recorded at the Norfolk County Registry of Deeds at Book 30099
Page 18.

128;
Executed as a sealed instrument this                 day of October, 2021

Acorn Woods, LLC

Sunny           ‘s, Manager

Date:    lo ia./ 20>.)
20) Rickhae.

David Nicholas

O -/2Q-~XR02)
Date:   vA                                                            RECEIVED AND RECORDED
NORFOLK COUNTY
REGISTRY OF DEEDS
DEDHAM, MA

CERTIFY

Aiki. Pd

WILLIAM & O'DONHELL, REGISTER

Bk 40018 Pg476 #138819

NOT                 NOT

AL       OF         AL

Qn >»
vA
Om
vag

IT                 F      I
Y               c     Y

Q

Commonwealth of Massachusetts

cfebor
val ental         Reiner | 2021

On this   {2 say of October, 2021, before me, the undersigned
hotary public, personally appeared   David Nicholas who proved to me
through satisfactory evidence of identification, which was a
Massachusetts Driver’s License, to be the person whose names is signed
on the preceding or attached document in my presence, and acknowledged
to me that he signed it voluntarily for its stated purpose.

nt

Sw                         Notary Public
Gr ,POBERTO CASTILLO            My Commission expires: (y/3 /pog 7

My Commission Explies dune 03, 2027

Bk 40018 Pg477 #138819

NOT                 NorwT
AN                   AN
OFFICIAL       OFFICIAL
_               COPY               COPY
Commonwealth of Massachusetts
oerever
Middlesex, ss.      ,                   }       /4, 2022

On this       day of October, 2021, before me, the undersigned
notary public, personally appeared Sunny Thomas Manager of Acorn
Woods, LLC who proved to me through satisfactory evidence of
identification, which was a Massachusetts Drivers License, to be the
person whose names is signed on the preceding or attached document in

my presence, and acknowledged to me that he signed it voluntarily for
its stated purpose.

Notary Public Whe 0 apypahan
My Commission expires:  ajay] 3-7

Bk 40018 F473  FLSeg2n
Li-MLi-2OI2L @ LO5D6a
NOT               NOT
AN                 AN
OFFICIAL   OFFICIAL

Canto Hills Estates Homeowhets ‘Trust
RESIGNATION OF TRUSTEE

Sunny Thomas Manager of Acorn Woods, LLC, a Massachusetts Limited
Liability Company with its principal office located at 88 Waverly Street, Framingham,
Mass. 01702 as Trustee of Canton Hills Estates Homeowners Association Trust, u/d/t
dated December 22, 2002) and recorded at the Norfolk County Registry of Deeds at
Book 39099 Page 18 (hereinafter referred to as “the Trust “) hereby resign as Trustee

of Canton Hills Estates Homeowner's Association Trust pursuant to Section 12 (B) of
the Trust

4¥
Executed as a sealed instrument this    Jd.      day of October, 2021

Acorn Woods, LLC

AND RECORDED
Date:     2/960                  RE RPOLK COUNTY
REGISTRY OF DEEDS
DEDHAM, MA
CERTIFY

Aoites. PO Ghent
WILLIAN P, O'DONNELL, REGISTER

Bk 40018 Pg479 #138820

NOT               NOT
AN                 AN
OFFICIAL       OFFICIAL
cOoOPY               cOPY
Commonwealth of Massachusetts
Middlesex, ss.     yh                                  ot lho jo 2021

On this  )d-  day of October, 2021, before me, the undersigned
notary public, personally appeared   Sunny Thomas Manager of Acorn
Woods, LLC who proved to me through satisfactory evidence of
identification, which was a Massachusetts Drivers License, to be the
person whose names is signed on the preceding or attached document in
my presence, and acknowledged to me that he signed it voluntarily for

its stated purpose.

Notary Bublic C7 C Seu
My Commission expires:   16)34/2 op?

LOVE Sh oC. Aine / caddie baeche Lane Cain ' 414

*—

RECEIVED AND RECORDED       Bk BPUSY Fa2Z9 s2975g

NORFOLK COUNTY             NS-IS-BoVL a nee stig
REGISTRY GROEEDT               NOT
trie                  _                EXHIBIT
CRUE FICIAL   OFFICIAL
COPY               C
WILLIAH ®. O'DONHERL, REGISTER
QUITCLAIM DEED

ACORN WOODS, LLC, a duly organized Massachusetts limited liability company, having a
mailing address of 88 Waverly Street, Framingham, MA 01702

("Grantor") for consideration of less than One Hundred Dollars ($100.00) paid, grants to
Canton Hills Estates Homeowners Association Trust, u/d/t dated December 22nd , 2020
and recorded at the Norfolk County Registry of Deeds on even date herewith           . having
a mailing address of 88 Waverly Street, Framingham, MA 01702 — , with QUIPCLAIM
COVENANTS the following described premises:

Road “A” as shown on plan entitled “Acorn Estates at Canton Hills” dated August 26, 2010, last
revised on October 26, 2010, prepared by H.W. Moore with the Norfolk County Registry of Deeds Plan
No. 66 of 2014, in Plan Book 605, Sheet 63.

Road A contains 84,044 Sq. fi. according to said plan.

Road “B” as shown on plan entitled “Acorn Estates at Canton Hills” dated August 26, 2010, last
revised on October 26, 2010, prepared by H.W. Moore with the Norfolk County Registry of Deeds Plan
No. 66 of 2011, in Plan Book 605, Sheet 62.

Road B contains 24.735 Sq. ft. according to said plan.

Stormwater “Parcel A’ as shown on plan entitled “Acorn Estates at Canton Hills” dated August 26,
2010, last revised on October 26, 2010, prepared by H.W. Moore with the Norfolk County Registry of
Deeds Plan No. 66 of 2011, in Plan Book 605, Shect 63.

Stormwater Parcel A contains 24.819 Sq. ft. according to said plan.

Stormwater “Parcel B’ as shown on plan entitled “Acorn Estates at Canton Hills” daicd August 26,
2010, last revised on Octuber 26, 2010, prepared by H.W. Moore with the Norfolk County Registry of
Deeds Plan No. 66 of 2011, in Plan Book 605, Sheet 62.

Stormwater Parcel B contains 143,200 Sq. ft. according to said plan.

Sewer Pump “Parcel A’ as shown on plan entitled “Acorn Estates at Canton Hills” dated August 26,
2010, last revised on October 26, 2010, prepared by B.W. Moore with the Norfolk County Registry of
Deeds Plan No. 66 of 2011, in Plan Book 605, Sheet 59.

Sewer Pump parcel A contains 875 Sq. ft. according to said plan.

Sewer Pump “Parcel B’ as shown on plan entitled “Acorn Estates at Canton Hills” dated August 26,

F Dang Thome, Vrostee 05 meme? of Acocn Woods LEC

Bk 39099 Pg30 #29738

2010, last revised on Octobler26F 2010, prepared by H.W. Mbofb With the Norfolk County Registry of
Deeds Plan No. 66 of 2011, ## Phhn Book 605, Sheet 59.           AN

OFFICIAL   OFFICIAL
Sewer Pump parcel B contains 1P93¥,199 Sq. fi. according to gaidplg@.y

Subject to easements, restrictions and reservations of record, if any, and those as shown on the
Development Plan and including but not limited to any such items listed in this agreement, as the
same do not prohibit or materially interfere with the use of said Premises for single family
residential purposes; and those created as part of the “Canton Hill Estates formerly Acorn
Estates” development approval process, or any other approval related to the development of
“Canton Till Estates”, including, but not limited to a lot specific order of conditions, if any;

Subject to and with the benefit of that certain Comprehensive Permit issued by the Town of
Canton and any decisions or Agreements regarding such;

Said Premises are conveyed without the fee in and to any roadway or streets shown on said “Plan”
but together with the right to use all streets and ways as shown on said plan for all purposes for
which streets are commonly used in the Town of Canton.

Subject to slope easement taken in connection with the relocation of Randolph Street in Canton
by order of the county commissioners dated April 24, 1951 and recorded in the Norfolk County
Registry in Book 3000, Page 517 and entry recorded in the Registry in Book 3060, Page 160.

Subject to Petition to the Department of Public Utilities by Algonquin Gas Transmission
Company for authority to take a pipeline easement and resulting order dated June 27, 1952 and
recorded in the Registry in Book 3098, Page 251, and Order of Taking by the board of directors
of Algonquin Gas Transmission Company of an easement for a pipeline in Canton and Randolph
dated June 30, 1952 and recorded in the Norfolk County Registry in Book 3098, Page 262.

Subject to Grant by Dennis N., Christopher N., and Joseph N. Cachis to Algonquin Gas
Transmission Company of a pipeline easement in Canton and Randolph by instrument dated
December 16, 1952 and recorded in the Norfolk County Registry in Book 3144, Page 370.

Subject to Agreement by Christopher N. Cochis and Sophie Cochis and Algonquin Gas
Transmission Company dated March 17, 1960 and recorded in the Norfolk County Registry in
Book 3803, Page 277, relating to the creation of a private way from Canton Street and Randolph
Street to Algonquin's valve site on the Canton side of the Canton/Randolph town line.

Subject to taking of an easement for drainage purposes in a 900 square foot parcel on the south
side of Randolph Street in Canton by order of the Canton Selectmen dated June 23, 1964 and
recorded in the Norfolk County Registry in Book 4173, Page 19.

Subject fo Grant of casement over ways generally contained in a deed from Elinor F. Cochis,
Nicholas J. Cochis, and Alexander J. Cochis to Algonquin Gas Transmission Company dated
Jaly 11, 2000 and recorded in the Norfolk County Registry in Book 14410, Page 168.

Bk 39099 Pg31 #29738

Subject to Easement Aprbbrfen? from Randolph Property MoldiniB, 1. L. C. to Elinor F. Cochis,
Nicholas J. Cochis and Aldkalider J. C-Jchis dated Septemb@r 3), 2005 and recorded in the
Norfolk County Registre) id Béok 22972, Pape 58, @s Hft8btdd 8) Terfnidation of Easement
Agreement dated May 2, 20F3 By Randolph Property H@ld?gPl..Z.C. and Elinor F. Cochis,
Nicholas J. Cochis and Alexander J. Cochis and recorded in the Norfolk County Registry in
Book 31586, Page 22.

Subject to Reciprocal Easement Agreement by and between Randolph Property Holding, L.L. C.
and Avalon Blue Hills, Inc., dated September 30, 2007 and recorded in the Norfolk County
Registry in Book 25164, Page 20, as affected by Affidavit dated September 18, 2007 and
recorded in the Norfolk County Registry in Book 2517 4, Page 118, Amendment to Reciprocal
Easement Agreement dated July 30, 2008 and recorded in the Norfolk County Registry in Book
26045, Page 296, and Termination re: Reciprocal Easement Agreement dated as of November
16, 2012 and recorded in the Norfolk County Registry in Book 30692, Page 381.

Subject to Subdivision Covenant by and between the Town of Canton and Canton Property

Holding, L.L.C. dated January 13, 2011 and recorded in the Norfolk County Registry in Book
28553, Page 263.

Subject to Terms and provisions of a Certificate by Randolph Property Holding, L.I..C. dated
February 1, 2011 and recorded in the Norfolk County Registry in Book 28573, Page 594.

Subject to Order of Conditions issued by the Canton Conservation Commission, Mass DEP File
No. 124-1088, dated June 11, 2012 and recorded in the Norfolk County Registry in Book 30232,
Page 412.

Subject to and with the benefit of reservations and agreements regarding a drainage casement as
set forth in a Quitclaim Deed and Easement Agreement from Randolph Property Holding, IL.L.C.
to Avalon Bay Communities, Inc., of Parcel B on plan recorded in the Norfolk County Registry
in Plan Book 605, Page 66, dated as of November 16, 2012 and recorded in the Norfolk County
Registry in Book 30692, Page 385, as affected by Confirmatory Quitclaim Deed and Easement
Agreement dated November 16, 20)2 and recorded in the Norfolk County Registry in Book
31590, Page 36.

Easement Agreement by and between Randolph Property Holding, L.L.C and Elinor I. Cochis,
Nicholas J. Cochis and Alexander J. Cochis, collectively "Grantor" and Avalon Canton, Inc.
"Grantee" dated as of November 16, 2012 and recorded in the Norfolk County Registry in Book
30692, Page 388.

Subject to Reciprocal Casement Agreement by and between Randolph Property Holding, L.L.C.

and Avalon Blue Hills, Inc. dated as of November 16, 2012 and recorded in the Norfolk County
Registry in Book 30692, Page 414.

Subject to Order of Conditions, Mass DEP File Number 124-1102 issued by the Canton

Conservation Commission and recorded on September 16, 2013 in the Norfolk County Registry
in Book 31753, Page 51.

Bk 39099 Pg32 #29738

Subject to Easement Aprediient dated February 25, 2014 byRahdolph Property Holding, L. L.C.

and NSTAR BlectiicCompany and recorded in the Neifelk Ak Eon Repistry in Book 32106,
Page 11.                       ;

Subject to Decision Town of Canton, Massachusetis dated November 6, 2014 and recorded in the
Norfolk County Registry in Book 32719, Page 308.

Subject to Regulatory Agreement and Declaration of Restrictive Covenants for Ownership
Project dated January 7, 2014 by and among the Commonwealth of Massachusetts, acting by and
through the                               it of Housing and Community Development, the Town of Canton, and
Acorn Woods, LLC and recorded in the Norfolk County Registry in Book 32881, Page 332.

Subject to the terms and provisions of that certain Canton Hills Estates Declaration of
Covenants, Conditions, Restrictions and Easements recorded on December 20 , 2016 at the
Norfolk County Registry in Book 34783, Page 251 which was amended by the Amended and
Restated Canton Hills Estates Declaration of Covenants, Conditions, Restrictions and Easements
dated ume 13, 2018 and recorded with at the Norfolk County Registry in Book 36054, Page 165;
‘The conditions of the said Declaration are hereby incorporated. by reference and constitute
covenants running with the land that are and shall remain binding upon any person or persons
having at any time any interest or estate in this property, persons claiming through or under them
and theix family, servants, visitors and lessees. By acceptance and recording of this Deed, the
Grantee agrees to assume and perform all of the conditions, covenants and restrictions of this
Deed, the Canton Hills Estates Declaration of Covenants, Conditions, Restrictions and
Easements and any Rules and Regulations promulgated there under.

For Grantor’s title to premises, see Deed dated January 25, 2015 10 Acorn Woods, LLC, and
recorded in the Norfolk County Registry in Book 32885, Page 86

Executed under and seal this Ded day of December, 2020

Acorm Woods, LLC

By:
Sunny Thomas Manager