HomeMy WebLinkAbout1997-04-18 Legal Documents DEF SUB JUH 30 197 01:38PM RAND & YOUNATZ
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IN
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COVENANTS
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The covenants set forth herein shall apply and 0 'VV��°�9±
appurtenant to Lots 38A and 38B as shown can a Plan entitled "Old
Center Lane Definitive subdivision Plan prepared for John J.
Burke & Benjamin C . Osgood, Jr. of Land on Johnson Street, North
Andovar, MA" , dated November 6 , 1996 , revised March 24 , 1997 ,
prepared by Now England Engineering Services, Inc. , 33 Walker
Road, North Andover, MA and recorded with the Essex North
Registry of Deeds , Plan #
1 , The following covenants shall, be applied in connection
with all other covenants and restr�ctioas currently in
force and applicable to said Lots 38A and 38B, if any.
2 , Old Center Lane, as shown on said Plan is now, and shall
forever remain, a private way as said roadway has not been
constructed in accordance with the Town of North Andover' s
road specifications ,
3 . No municipal services shall be provided by the Town o;£
North A.ndovex on Old Center .Lane. Trash and recycling
pickup will be provided for the residents of Lots 38A and
38B on Johnson Street .
4 . Ownership is and to the private war knoim as old Center
Lane, as sho%m on said Plan shall be vested in thO rer_ord
owners of Lots 38A and 388, Each record owner shall be
. '0 II.I -fn r 4? n 1 agrm Ri-HTf ,. Yi II IMPT? - - - - - - P f
TUN .90 '97 01;99PH RAND & YOU'1AT7 F,
gtanted an undivided fifty percent (50% ) interest in the
fee in said way, which conveyance shall be included in the
conveyance from Devs-loper as part of the initial
ConvOyanQe of the fee to each lot . Said undivided .
interest in and to said way shall thereafter run with the
land and shall be deemed to be included in each subsequent
conveyance of the subject lots , whether set forth or
omitted from the language of the instrument of conveyance .
5 . Fee in and to the drainage easement and slope easement, as
shown on said Plan, as well as any utility benefitting
both .lots , shall be vested in the record owner of the lot
on which said easement or utility is located , The record
i
owner and successors in title of the other lot shown on
said Plan shall have an erisement Ln and to such easement
and utility areas to utilize said easement or utility fox,
every lawful purpose intended by said easement or utility
for the benefit of said lot owner ,
i
6 . Notwithstanding the percentage fee interest in said way,
easement or utilitlr areas, all exponses for upkeep,
maintenance, repair, and any other or additional expense
benefitting said way, easement, or utility area shall be
shared equally between the record owners of both lots ,
7 > In the event both l.ot owners cannot agree within a
reasonable period of time, not to exceed six ( 6 ) months ,
on any issue relating to the way, easement or uti.l.ity,
M1 :D '97 >r11 :40PI'l RAHD Rc Y01 01IAT7 P.-1
areas , including, but not limited to, work to be
performed, improver(terits , payment or reimbursement, either
lot owner, or both, may seek enforcement of these
covenants by a commencement of an action in court of
competent jurisdiction, either at law or in equity, or by
mediation or arbitration.
These covenants shall run with the land and shall be
binding upon the owners of Lots 38A and 38B as shown on
said Plan, as well as each such owne,--s-- heirs ,
administrators or successors in title .
Executed this day 0 1997
OLD CENTER REALTY TRUST
I
B
Y Trustee
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By
TrustQe
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COMMT�the
{ LTH OF 1 MASSACHUSETTS'
Essex Count ss 1990
Then personally appeared before meabove name&\Ib) Nf:I-, I�,J2kC -and acknowledged
the foregoing instrument to be free act and deed.
Signature c. Notary Public
My commission expires p M j�
COMMONWEALTH OF MASSACHUSETTS
Essex County ss 19
Then personally appeared before me the above named and acknowledged
the foregoing instrument to be free act and deed.
Signature of Notary Ptiblc
My commission expires
COMMONWEALTH OF MASSACHUSETTS
ss , 19
Then personally appeared as
the Applicant or his/its authorized agent and acknowledged the
foregoing instrument to be his or her free act and deed and the
free act and deed of the Applicant, before me.
Notary Public
My Commission Expires :
I
I)ECLARATION 'OF TRUST
-OF
THE OLD CENTERPREALTY TRUST
DECLARATION D ' TRUST made this day of ''!r�� , 19 9g
I � by JDHN J. HURKE, Settlor offthe OLD CENTERA ER ALTY TRUST. The
1 Settlor hereby appoints as Trustee hereof, himself, JDHN J.
BURKE, of North Andover, Essex County, .Maseachusetts.
CTI
The Trustee deolares that he will hold- any and all Lq
property which he may acquire as Trustee hereunder, which
property is hereby called the Trust Property, in trust for the
following purposes and subject to the terms, conditions, powers
and agreements herein set forth, as follows:
1. This Trust shall be designated and known as the OLD
OW
CENTERARRBALTY TRUST.
2. The entire beneficial interest of this Trust shall be
vested in the beneficiaries named in a schedule of
beneficial interest signed by the Trustee and the
beneficiaries. BAR 27'98 AMS'OG
3. This Trust -shall continue until terminated in the manner
provided in paragraph 5. Unless sooner terminated as
provided in the preceding sentence, this Trust shall
teradnate at the expiration of twenty (20) years from its
lute.
upon the termination of the Trust, the Trust Property
E -shall be conveyed to the beneficiaries.
4. 'The purposes for which this Trust is formed and the
functions to be carried on by the Trustee is to create a
L91?
Ski 5146 FU 16',-
KNOW ALL MEN BY THESE PRESENTS
that JOHN J. BURKE, TRUSTEE OF OLD CENTER LAVE REALTY TRUST, under
Declaration of Trust dated March 13, 1998, retarded with the Essex North District Registry
of Deeds In Book 5002, Page 213, of North Andover, Essex County, Massachusetts,
(hereinafter referred to as the Grantor), for consideration of One dollar 01.00), grants to
o MASSACHUSETTS ELECTRIC COMPANY,a Massachusetts corporation with-its principal place
xof business at 25 Research Drive, Westborough, Worcester County, Massachusetts C�
(hereinafter referred to as the Grantee), with quitclaim covenants, the perpetual right and
a easement to install, construct, reconstruct, repair, replace, add to, maintain and operate for
the transmission of high and low voltage electric current and for the transmission of
o intelligence, an "UNDERGROUND DISTRIBUTION SYSTEM" (hereinafter referred to as the
a
"UNDERGROUND SYSTEM") in-North Andover, Essex County, Massachusetts, consisting of
lines of buried wires and cables and lines of wires and cables installed In underground conduits,
0
a together with all equipment and appurtenances thereto for the transmission of intelligence and
e}i
the furnishing of electric service to the herein described premises, and without limiting the
W1 generality of the foregoing, but specifically Including the following equipment; namely:
aD manholes, manhole openings, hndholes, junction boxes, transformers, transformer vaults,
U
xs padmounts, padmount transformers and all housings, connectors, switches, conduits, cables
0
In and wires all located within the easement area of the hereinafter described property. 1y/!
H IJ�IIX
a
Said "UNDERGROUND SYSTEM" is located in, through, under, over, across a 98 AM1 '3
Lots 38A and 38B as well as one private street or way known as Old Center Road, as shown ,
on a Plan of Land recorded with the Essex North District Registry of Deeds as Plan 13150.
a
And further, said"UNDERGROUND SYSTEM" (locations of the electrical equipment and
other facilities an the hereinbefore referred to premises of the Grantor) is laid out and more
particularly shown on a MECO, a NEES Company sketch entitled: "North Andover, MA, Old
Center Road, Off Johnson Street; Scale: NTS; WSK # 044-171", sold sketch is made a part ' o
9
hereof by referenced thereto,copies of which are in the possession of the Grantor and Grantee '
herein, and the final definitive locations of said "UNDERGROUND SYSTEM" shall become v,
established by and upon the installation and erection thereof by the Grantee, In substantial
compliance with the hereinbefore referred to sketch.
RETURN TO
Alan J.Rabinowitz
Grantee's Address: N.E. Power Service Co.
96'°d88.STT 25 Fiesearch Drive 25 Research Drive
Westborough, MA 01582 Westborough,MA 01582
_. .
t BK 5002 PG 219
QUITCLAIM DEED.
` John J.Burke and Gerald Clardello,of North Andover._.;, E,ssex. County,
Commonwealth of Massachusetts-
for consideration of LESS THAN ONE HUNDRED ($100.00) DO L.ARS
grant to John J.Burke; Trustee of Old Center Lane.Reall y Trust,u/d/t date March 13,
1998 and recorded with Essex North Registry of Deeds 1&b0o&czxxxxxxx ge herewith �
with an address of 71 Sutton bill Road, North Andover, M& Ski
-WITH QUITCLAIM COVENANTS �31
PROPERTY ADDRESS:
that certain-parcel of land situate in North Andover,Essex County,-Massachusetts shown
as Parcel B on-a Plan entitled"Lot line detail Plan forproperty located at 154-164
Johnson Street,North Andover,MA,prepared forBenjamin C.Osgood,Jr.and Ruth M,
-Osgood"dated March 20, 1998 and recorded herewith as Plan No..
Being part of the same premises as conveyed to the within Grantors by deed dated
January 6, 1997 and recorded with Essex NorthRegistry olDeeds at Book 4668,Page 23.
_Executed as a sealed instrument this 19th day of March 1998.
44AR 27.96 09'06
?Ohn urke
-Gerald Clardello
COMMONWEALTH OF MASSACHUSETT� °*
D
Essex,ss, March 19 , 1998 ,.
-Then personally appeared the above-named,John J Burke Wt d
acknowledged the foregoing instnirnent to be-- fre act d ,be re me, �...•.
j� P
f - _j_ Co issionExpires 2/16/2MI
d /
OUITCLAIM_DF�ER '',
Benjamin G Osgood,Jr,and Ruth M.Osgood,husband and wife,of North Andover,
Essex County,Commonwealth of Massachusetts
for consideration ofSDW�rW'1H1W AND 00/100 ($65,-OW.00) DOLIARS
grant to-John-J.Burke,Trustee of Old Center Lane Realty Trust,u/d/t date March 13,
1998 and-recorded with Essex North Registry of Deeds&t&kx*xxxxxxxxxNxRW herewith
with an address of 71 Sutton Ball Road, North Andover, MA
WITH QUITCLAIM COVENANTS
PROPERTY ADDRESS:
that certain parcel of land situate in North Andover,Essex County,Massachusetts shown
as Parcel A on a Plan entitled"Lot line detail Plan for property located at 154-164
Johnson Street,North Andover,MA,prepared for Benjamin C.Osgood,Jr,and Ruth M.
Osgood"dated March 20, 1998 and recorded herewith as Plan No, 3 _
Being part of the same premises as conveyed to the within Grantors by deed dated
November 6, 1986 and recorded with Essex North Registry of Deeds at Book 2350,Page
20.
Executed as a sealed instrument this 19th day of March , 1998.
MAR 27'99 p89.06
Benja in C. Osgood r.
It
57 C7 .f!
7
R th M. sgaod
COMMONWEALTH OF MASSACHUSETTS
Essex,ss. March 19 11998
Then personally appeared the above-named,Benjamin C. Osgood,Jr.and Ruth M.
Osgood,and acknowledged the foregoing instrument to b their free act awKqrA,before
me,
/�I No i a T, ac
My i s xpires /16/2001
9�1
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COVENANT'S
NOW COMES,John I Burke, Trustee of she Old Center.Lane Realty Trust
0 u/d!t dated March 13, 1998 and recorded with the Essex North Registry of Deeds
herewith,being the owner of premises known as Lots 38A and 38B as shown ozr a Plan
entitled"Old Center Lane Definitive Subdivision Plan prepared for John J.Burke&
Benjamin C.Osgood,Jr.of Land on Johnson Street,North Andover,MA.",dated
November 6, 1996,revised March 24, 1997,prepared by New England Engineering
Services,Inc.,33 Walker Road,North Andover,MA and recorded with the Essex North
Registry of Deeds,Plan#13150. The covenants set forth herein shall apply and be
appurtenant to the land shown on said Plan.
MAR 27'99 AM9:06
1. The following covenants shall-be applied in connection with all other covenants and
restrictions currently in force and applicable to said Lots 38A and 38B,if any.
2. Old Center Lane,as shown on said Plan is now,and shall forever remain,a private r
way as said roadway has not been constructed in accordance with the Town of North
SL
Andover's road specifications.
3. No municipal services shall be provided by.the Town of North Andover on Old
Center Lane. Trash and recycling pickup will be provided for the residents of Lots
38A and 38B on-Johnson Street
4. Ownership in and to the private way known as Old Center Lane,as shown on said
Plan shall be vested in the record owners of Lots 38A and 38B. Each record owner
shall be granted an undivided fifty percent(50%)interest in the fee in said way,
COVENANT
January 6 19 ,.,9$.,,,.
North Andove �� Masachtrsetts „
KNOW ALL MLN by these presents that the undersigned has submitted an applicatic n d'AttOd
November 8, 1996 , to the North Andover_. Planning Board for approval of a
definitive plan of a subdivision of land entitled:Old Center Lane Def{ni ti've _ , plan by:
New England En_gineerir&ted• Nov 6, 1996_ and owned by:
address: 33 Walker Rd, Suite 23 , land located: 154 and i ar
North Andover , and showing 2 proposed lots. The undersigned has requested the
Planning Board to approve such plan without requiring a performance bond.
IN CONSIDERATION of said Planning Board of North Andover in the county of
Essex approving said plan without requiring a performance bond, the undersigned
hereby covenants and agrees with the inhabitants of the Town of North Andover as
follows:
1. That the undersigned is the owner' in fee simple absolute of all the land included in the subdivi-
sion and that there are no mortgages of record or otherwise on any of the land, except for those
described below, and that the present holders of said mortgages have assented to this contract
prior to its execution by the undersigned.
'1f there is nore than one owner, all must sign. "Applicant" may be an owner or his agent or
representative, or his assigns, but the owner of record must sign the covenant. APR ►'vr x
2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma-
nent building on any lot until the construction of ways and installation of municipal services
necessary to adequately serve such lot has been completed in accordance with the covenants,
conditions, agreements, terms and provisions as specified in the following:
a. The Application for Approval of Definitive Plan (Form C).
b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this
subdivision.
c. The certificate of approval and the conditions of approval specified therein, issued by the
Planning Board, dated April 16, 1997__
d. The definitive plan as approved and as qu..iified by the certificate of approval.
e. Other document(s) specifying construction 10 be completed, namely:
P
on Johnson Street North Andover, MA Prepared for John J,Burke and
Benjamin C. Osgood, Jr. Scale 1" : 30' Dated Nov 6, 1996 rem 1197/97
However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise
and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot,
subject only to that portion of this covenant which prop, ley that no lot be sold or conveyed or shall
be built upon until ways and services have been provided to serve such lot.
3. That this covenant shall be. binding upon the executors, administrators, devisees, heirs,
successors and assigns of the undersigned and shall constitute a covenant running with the land
included in the subdivision and shall operate as restrictions Upon the land.'
4. That particular lots within the subdivision shall be released from the foregoing conditions upon
the recording of a certificate of performance executed by a majority of the Planning Board and
enumerating the specific lots to be released; and
5. That nothing herein shall he rieemei .O. prohibit a conveyance by a single deed subject to this
env rtant,. of ith�r. "jo clot. �A parcel 01 .'� r1r{ shown fin•the subdivision plan or of .all lots not
previously released by the Planning '� rd.
Massachusetts Federation of Planning and Appeals Boards 1972
(Revised 1980. 1983. 1988)
20.17
6.' That the undersigned agrees to record this covenant with the North Essex County
Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board
in the event the Planning Board shall record this agreement forthwith. Reference to this covenant
shall be eritered upon the definitive subdivision plan'as approved.
7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee
prior to the release of.the'covenant; but not later than three(3)years from the date of such deed,
as provided in Section 81-U, Chapter,41, M.G.L.
S. That this covenant shalt be executed before endorsement of approval of the definitive plan by the
Planning Board and shall take effect upon the endorsement of approval.
9. Upon final completion of the construction of ways and installation of municipal services as
specified herein, on or before A i 8 1999
the Planning Board shall release this covenant by an appropriate
instrument, duly acknowledged. Failure to complete construction and installation within the time
specified herein or such later date as may be specified by vote of the Planning Board with a
written concurrence of the applicant, shall result in automatic rescission of the approval of the
plan. Upon performance of this covenant with respect to any lot, the Planning Board may release
such lot from this covenant by an appropriate instrument duly recorded.
10. _Nothing herein shall prohibit the applicant from varying the method of securing the construction
of ways and installation of municipal services from time to time or from securing by one, or in part
by one and in part by another of the methods described in M.G.L., Chapter 41, Section 81-U,
as long as such security is sufficient in the opinion of the Planning Board to secure performance
of the construction and installation; and
. N4assachuselts Federal�oliot'€=janil, r��'ns�'.,p<- ._`, Boartls_,1��2.,'' '. .. ..
(Revisea 1980. 1983, 19M
M18
For title to the property, see deed from 3o n_J. doled
recorded in Registry of Deeds, Book m, page �. , or registered
in xxxXXXMXxXXXxxxxxlYdft$%@W*UXM iWWM�XXxxxxxx4aWii?jt? ;6ii�uof
=J§X=xXX �
The present holder of a mortgage upon the property is NONE _ � of
The mortgage is dated and
recorded in Registry of.N-ads, Book , Page , or registered
in Land Registry as Document No. , and noted on certificate
of title no. , in Registration Book , Page . The mortgagee agrees to hold
the mortgage subject to the covenants set forth above and agrees that the covenants shall have the
same status, force and effect as though executed and recorded before the taking of the mortgage and
further agrees that the mortgage shall be subordinate to the above covenant.
spouse of the undersigned applicant hereby agrees
that such interest as I, we, may have in the premises shall be subject to the provisions of this covenant
and insofar as is necessary releases all rights of tenancy by the dower or homestead and other
interests therein.
IN WITNESS WHEREOF we have hereunto set our hands and seals this .�11 of
CTA AL
Owner
XXXXXXxxxxxxxx
Spouse of Owner
xxxxxxxxxxxxxX
Mongage Acceptance by a Majority of the Planning Board of
One acknowledgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
COMMONWEALTH OF MASSACHUSETTS /
s5 � 1v,;'42ra
Then personally appeared before me the above named and acknowledged
the foregoing instrument to be -AL,1 ,.,,_.W.. free act and deed.
"C-1
Signa re of Notary Puwic
My commission expires 1"
Massacisusei $Feaeratron of Planning hnE?,Ap�sCd4s.#:t`irds.i472
. {Rewsed 1980. 1983. t9881 .
20.19
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- 4.. f - ' . s1 t, i :•4• ,te_r+�, ;.• •trfr:P + +sy'�{� f•� f ��':�`f ,�i, .�> r.r1'/ + ' .,.,:` as P'
�r,�ri�r,j'.+(!_'l,`i�•;�.�.�'L�tr�';,i�++ri1
COMMON LTH OF',MASSACHUSETTS'
Essex County�� , ss
19 9 8
Then person�all,y appeared before me the above named Richard Aowen and acknowledged
the foregoing instrument to be is flee act and deed.
;r
Signature Motary Public
My commission expires 12/11/03
COMMONWEALTH OF MASSACHUSETTS
Essex County ss 1/6/98 , 19
Then personally appeared before me the above named Joseph Mahoney and acknowledged
the foregoing instrument to be his free act and deed.
4
Signature £ Notary PublicT
- Y comr3is�-ion expires 12/11/03 ,
COMMONWEALTH OF MASSACHUSETTS
Essex ss 1 j 19 98
Then personally appeared John Simons as
the Applicant or his/its authorized agent and acknowledged the
instrument to be his or .he-1:- :�.t'ee a�� and deed and the
free" act and deed of the Applica It,, bc." re :Ue.
Notary Public
My Commission Expires : 12/11/03
OCT 06 '98 07148 P. 01
FORM J
LOT RELEASE
CERTIFICATE OF PERFORMANCE
The undersigned, being a majority of the Planning Board of the. Town
of North Andover, Massachusetts, hereby certify that:
a. The requirements for the construotion of ways and municipal
services oal,led for the Performance Bond Or Surety and dated
19 and/car by the Covenant dated
JANUARY. 6 _ 19 9g and recorded in District Deeds,
Soak _5031 , Page 257 1 or registered in
Land Registry District as Document
No. and noted on Certificate of Title no.
in Registration Sook �. Page
has been completed/partially completed, to age
satisfaction of the Planning Board to adequately serve the
enumerated lots shown on Plana entitled It
PLAN Section (s) DEFINITIVE
Plan dated ` Sheets to STD'
24 , 19 97 recorded by the
Registry of Deeds, Plan Soak or
r eg stered in said Land Registry Di,stric:t, Plan Book r
Plan , and said lots are hereby released from the
restric ion as to sale and building Specified thereon.
Lots designated on said Plan as Follows : (Lot Number (s) and
street(s) )
0 C r
b. (To be attested by a Registered Land Surveyor)
I hereby certify that lot number (s) 38A anti 38B _-� on
Old Center Lan% -- gtWA&XW&) do
conform to layout as shown on Definitive Plan entitled
"Old Center Lane ]fie inl�ive_ Section _ _ Sheets) i of 5 r�
Subdivisioft FlAn Prepared for
John J. Burke and Ben' egood Jr.
OF v �►
R stered Land Surveyor
Ab. 3l�D4S o�
r �fE18TE4��
LAH4
1 of 2
C. The Town of North Andover, a municipal corporation situated in
the County of Essex, Commonwealth of Massachusetts, acting by
its duly organized Planning Board, holder of a Performance
Bond or Surety dated , 19
and/or
Covenant dated January b , 19 98 from
Old Center Lane Realty Trust of the C ity/Town of North Andover
ex County, Massachusetts recorded with
the Essex North District Deeds, Book 5031 , Page
257 , or registered in Land Registry District as Document No.
and noted on Certificate of Title No. , in
Registration Book, , Page , acknowledges
satisfaction of the terms thereof and hereby releases .its
right, title and interest in the lots designated on said plan
as follows:
Lots 38A and 38B
EXECUTED as a sealed instrument this �Q �1 day of ✓ , 19
Majority of the
Planning Board
of the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
ss , 19 q—
Then personally appearedeLIU--aAi�'�ne of the above
members of the Planning Board of the Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be the
free act and deed of said Planning Board, before me.
Notary Public
MV commission qxpire
2 of 2
'G.
ESSEX NORTH REGISTRY OFDES
t-AWRENCE; MASS"
"'-!,-
A TRUE COPY: ATTEST:
ti
REGISTER OF D
l�tnMMi1
� �QRANTOFEAS MERIT E a�i -5�2 3 1 P43 276
$1�
�RFADW,MAW7Deeeds
OM17-
I, John 1.Burke,Trustee of Old Center Lane Realty Trust,under
tion of Trust dated March 13, 1998,and recorded in the-North Essex-Registry of
t Book 5002,Page213,
in consideration of less than ONE HUNDRED($100.00)DOLLARS paid,
►vith gtritclahn covenants
grant to Richard A.Misci and Susannah R.Misci,husband and wife, as tenants by the
entirety, of 154 Johnson Street, North Andover, MA, and then'heirs, successors and/or
.assigns.
A perpetual exclusive "Drainage Easement" and "Use Easement" over the
-northwesterly portion of Lot 38D as shown on "Easement-Plan, Lot 38B, Old Center
_Lane,North Andover,Massachusetts,Prepared for: Old Center Lane Realty Trust, Scale
1" T 40', Date: October 30, 1998, New England Engineering Services, Inc., 33 Walker
Road, Suite 23, North Andover, Massachusetts (978) 686-1768", and recorded in the
North District of Essex Registry of Deeds#944mi-No,#6P e�J •
These easements are for the benefit of the adjoining "Misci Lot" located at 154
Johnson Street,North Andover,Massachusetts,
Grantee, their heirs, successors and assigns shall have the right to use said
easement-for the stated purpose and may enter upon said easement at all times in order to
construct, maintain and repair drainage lures. Grantee shall be solely responsible for any
and all cost and expenses directly or indirectly related #a the said undergroturd drainage
line and shall return the easement property to the same condition as existed prior to its
being disturbed, Area designated as "Use Easement" on said plan is intended to be for
general r4sidential use but specifically not including the erection of any permanent
structures thereon nor any fencing.'The grantees herein shall have the right to mow the
lawn and trim and remove limbs from.trees. The-easement areas are to remain open to
view.
Being a portion of the premises conveyed to John J. Burke and Gerald Ciardiello
by deed of Bruce M. Crawford and Karen A. Crawford, dated January 6, 1-997 .and
recorded in the North Essex Registry of Deeds at Book 4668,Page 232.
i
Executed as a seal instrument this 04 day-of November, 1998
NOV 8 to 39
Old Center-Lane Realty Trust
i
itness -by: fol 6urke:Trustee
THE COMMONWEALTH OF MASSACHUSETTS
-Essex,ss, November , 1998
Then personally appeared the above named John I Burke as'Tnustee of Old Center
Lane Realty Trust and acknowledged the foregoing instrument-to be his free:act and
deed,before me,
atary Public omszuc I.-Scalise
My commission-expires: 2/18105
MING. QUITCLAIMDEED
I, John J.Burke,Trustee of the Old Center Lane Realty Trust under Declaration
of Trout dated March 13, 1998 and.recorded in the North Essex Registry of Deeds at Boob
5002,Page 213,
for consideration of ONE HUNDRED SEVENTY TI 4OUSA.ND($170,000.00)DOLLARS, 4✓
w�
grants to Country Estate Homes,Inc.,of Reading,Massachusetts
A certain parcel of vacant land situate on Old Center Lane, North Andover, Essex
County,Massachusetts, being shown as Lot 38B on a plan of land entitled: "Old Center Lane
Definitive Subdivision Plan prepared for John J. Burke and Benjamin C. Osgood, Jr,, of land
on Johnson Street, North Andover, MA. Scale V =30`, November 6, 1996, revised March
24, 1997, prepared by New England Engineering Services, Inc,, 33 Walker Road, North
Andover, MA which plan is recorded with the North District of Essex Registry of Deeds as
Plan No. 13150. Lot 38B contains 25,633 square feet of land,all as shown on said plan.
Said conveyance is subject to the restriction that, except for Lots 38A and 38B, no
further development, subdivision or-additional house lots will be permitted on Old Center
Lane, nor will Old Center Lane be extended beyond its present terminus,-and no additional
utilities or services shall be extended to other adjoining properties, This restriction shall inure
to the benefit-of the Seller, John J. Burke, Trustee of Old Center Lane Realty Trust, and to
Benjamin C. Osgood, Jr. and Ruth M. Osgood, all of North Andover,Massachusetts and their
heirs,successors and/or assigns.
Grantor reserves the right of plan approval for each house to-be built on said lot,prior
to construction. Said approval shall be in writing and shall not be unreasonably withheld.
Included in this conveyance is the fee in the way known as Old Center Lane, as showu on said
plan.
This conveyance is subject to a "Drainage Easement" and a "Use Ease rent �VAIRANG40
northwesterly portion of Lot 38B as shown on the"Easement Plan,Lot 38B Old Center Lane,
North Andover, Massachusetts, prepared for Old Center Lane Realty Trust, Scale V W 40',
Date: October 30, 1999, New England Services, Inc., 33 Walker Road, Suite 23, North
Andover,Massachusetts(978) 686-1788" which-plan is recorded in the North Essex Registry
of Deeds ash-Na.herewi-M. Said Easement has been granted to Richard H. Misei and
Susannah R. Misci of 154 Johnson Street, North Andover, MA,-and their heirs, successors
and/or assigns.
Being a portion of the premises conveyed to John J. Burke and Gerald Ciardiollo by
deed of Bruce M. Crawford and Karen A. Crawford, dated January 6, 1997 and recorded in
the North Essex Registry of Deeds at Book 4668,Pa a 232. See also deed from Benjamin C.
Osgood, Jr. and Ruth M. Osgood dated .5-19- 99 and recorded in the North Essex
Registry of Deeds at Book,Sa0A ,Page dal
Executed as a seal instrument this 5th day of November, 1998
Old C ter ane Real rust
fitness ?,MASSACHUSETTS
J Burke,Tnistee
THE COMMONWEALTH
Essex,ss. November 5 , 1998
Then personally appeared the above named John J.Burke as Trustee of Old Center
Lane Realty Trust and acknowledged the foregoinAotar�y
be his£zee act d deed,
before me,
c"v� N c menic J. Scalise
N N i�a *y T� ycossion expires: 2/18/OS
fl
y QUITCLAIM DEED BK 5231 PG 97
1ADIHG, rot
1-3098
i 1, John J.Burke,Trustee of the Old Center Lane Realty Trust under Declaration
of Tnist dated March 13, 1998 and recorded in the North Essex Registry of Deeds at Book
5002,Page 213,
for consideration of ONE HUNDRED SEVENTY THOUSAND($170,000,00)DOLLARS,
grants to Country Estate Homes,Inc.,of Reading,Massachusetts
A certain parcel of vacant land situate on Old Center Lane, North Andover, Essex
County,Massachusetts,being shown as Lot 38A on a plait of land entitled: "Old Center Lane
Definitive Subdivision flan prepared for John J. Burke and Benjamin C. Osgood, Jr., of land
on Johnson Street, North Andover, MA, Scale V m 30',November 6, 1996, revised March
24, 1997, prepared by New England Engineering Services, fne., 33 Walker Road, North
Andover, MA which plan is recorded with the North District of Essex Registry of Deeds as
Plan No, 13150.
Lot 38A contains 42,387 square feet of land, all as shown on sold plan.
' Said conveyance is subject to the restriction that, except for Lots 38A and 38B, no
further development, subdivision or additional house lots will be permitted on Old Center
y Lane, nor will Old Center Lane be extended beyond its present terminus, and no additional
utilities or services shall be extended to other adjoining properties. This restriction shall inure
to the benefit of the Seller, John J. Burke, Trustee of Old Center Lane Realty Trust, and to
Benjamin C. Osgood,Jr. and Ruth M. Osgood, all of-North Andover,Massachusett anJ s W AMB 53
d their
y heirs,successors and/or assigns.
a
Grantor reserves the right of plan approval for each house to be built on said lot,prior
to construction. Said approval shall be in writing and shall not be unreasonably withheld.
�-s
Included in this conveyance is the fee in the way Down as Old Center Lane, as shown
on said plan.
Being a portion of the premises conveyed to John J. Burke and Gerald Ciardiello by
X deed of Bruce M. Crawford and Karen A. Crawford, dated January 6, 1997 and recorded in
the North Essex Registry of Deeds at Book 4668,Page 232.
See also deed from Benjamin C. Osgood, Jr. and Ruth M. Osgood dated
and recorded in the North Essex Registry of Deeds at Book SQOQ,Page �a f
-Executed as a seal instrument this 5th day of November, 1998
Old Center Lane-Realty Trust
/zx,�
W' ess r—,t
J.Burke,Trustee S$,
TBE COMMONWEALTH OF MASSACHUSETTS
Essex,ss. November -5 , 1998
i
Then personally appeared the above named John-.Burke as Trustee of Old Center
Lane Realty Trust -and acknowledged the foregoing instnunent to be his free act and deed,
before me,
1 t
tary Pub'c omenic J, Scalise
�,, y commission expires: -2/18/05
P BK 5231 PG 298
HOUSE DESIGN APPROVAL
Reference is made to a deed from]ohn.J.Burke as Trustee of the old Center Land Realty
Trust to Country Estate Homes Inc. of lot 38 0id Center Lane, North Andover,
Massachusetts, dated November 5, 1998 and recorded at the Essex North District
Registry of Deeds herewith.
Pursuant to the rights reserved In the above-referenced deed, undersigned does hereby
approve the house to be built on the above-referenced premises and does release the
right of approval as contained In said deed.
Slgned and Sealed on November 5, 1998.
old Ce ter Lane Realty T st
by;
1 hn]. e,Trustee
COMMONWEALTH OF MASSACHUSEfTS
Middlesex,ss. November 5, 1998
Then personally-appeared the above named John 7, Burke as Trustee aforesaid and
acknowledged the foregoing-to be his free act and deed on behalf of said Trust, before
me.
bIl
My Commission Expires;
y�'),0 D
i
I
f
E