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HomeMy WebLinkAbout2012-12-20 Planning Board Supplemental Materials (35) PLANNING DEPARTMENT Community Development Division Form I - COVENANT KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned has submitted an application, dated, October 31, 2012 to the North Andover Planning Board for approval of a Definitive Plan of a certain subdivision bearing the name of Definitive Subdivision Plan of Land, 623 Osgood Street, North Andover, Massachusetts, dated November 8, 2012 (Rev. November 14, 2012), and has requested that the Board approve such plan without requiring a performance bond, THIS AGREEMENT WITNESSED THAT, for the consideration that the North Andover Planning Board waive the aforesaid requirement for a bond, the undersigned covenants and agrees with the Town of North Andover as follows: 1. The undersigned will not sell any lot until the work on the ground necessary to serve such lot adequately has been completed in the manner required in the aforesaid application, and in accordance with the covenants, conditions and agreements thereof, (except for the following particular items of work, the performance of which shall be exempt from the conditions of this contract): 2. The undersigned agrees to record this agreement in North Essex Registry of Deeds as required by the Rules and Regulations of the North Andover Planning Board. 3. The undersigned agrees that this contract shall be binding upon his/her heirs, executors, and administrators, and particularly upon any grantees of the undersigned. It is the intention of the undersigned, and it is hereby understood and agreed, that this contract shall constitute a covenant running with the land. Lots within the subdivision shall respectively be released from the foregoing conditions hereof upon the recording of a certificate of performance executed by a majority of said Planning Board which certificate shall enumerate the specific lots to be so released. There are no mortgages of record or otherwise on any of the land in the aforesaid subdivision except as described below and the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. IN WITNESS WHEREOF, the undersigned, applicant as aforesaid, does hereunto set his/her hand and seal this ____ day of, November 2012. OSGOOD STREET REALTY TRUST (Owner) BY:_______________________________________ , Trustee, duly authorized. Page 1 of 2 1600 Osgood Street, North Andover, Bldg.20, Suite 2-36 Planning Dept., Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 7/30/2007 Description of Mortgages (Give complete names and Registry of Deeds reference): None Assents of Mortgages COMMONWEALTH OF MASSACHUSETTS Essex County, ss. Date: November __, 2012 On this ____ day of November, 2012, before me, the undersigned notary public, personally appeared ________________, as the Trustee of the Osgood Street Realty Trust, proved to me through satisfactory evidence of identification, which was \[a current driver’s license\] \[a current U.S. passport\] \[my personal knowledge\], to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed of the __________________________________. ____________________________________ Notary Public My commission expires: Page 2 of 2 {00058518;v1} 1600 Osgood Street, North Andover, Bldg.20, Suite 2-36 Planning Dept., Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com