HomeMy WebLinkAbout1997-04-03 Legal Docs DEF SUB GRANT OF WAY
ORCHARD HILL ROAD NORTH ANDOVER MASSACHUSETTS
1, George R. Barker, Jr., individually and as Trustee of the Orchard Hill Nominee Trust,
tinder declaration of Trust dated April 1, 1998 and recorded in the Essex North District Registry
of Deeds in Book 5158, Page 190, with a mailing address of 1267 Osgood Street,North
Andover, Massachusetts, owner of a way known as Orchard Hill Road in the Town of North
Andover, Essex County, Massachusetts, as shown on a certain Plan recorded in the Essex North
District Registry of Deeds as Plan#13206, in consideration of less than One Hundred Dollars
($100.00), the receipt of which is hereby acknowledged,
F E v 2 7 90F_'
grant WITH QUITCLAIM COVENANTS
to the INHABITANTS OF THE TOWN OF NORTH ANDOVER, of Main Street, North co
Andover, Massachusetts,
all of the right title and interest in and to the way known as Orchard Hill Road, in the Town of
North Andover, Essex County, Massachusetts, being more particularly described as follows:
The roadway shown as Orchard Hill Road on a plan entitled "Plan of Land, Location
North Andover, Owned By George R. Barker, Jr., Scale I"=40' Date: 12/12/97" and
recorded in the Essex Northern District Registry of Deeds as Plan 413206, and also
show on Plan#13309, and also shown on a plan entitled "Plan of Land Location,
Orchard Hill Road,North Andover MA, Scale 1"=40', Date: April 5, 2001, Last Revised
4/29/01"to be recorded herewith as Plan Number c_N and more bounded and
particularly described as follows; Beginning at a point being the Northwesterly most
point of Orchard Hill Road at its intersection with Osgood Street, thence running South
79 degrees 34 minutes 37 seconds East 733.36 feet to a point for a corner; thence South
04 degrees 48 minutes 13 seconds West 60.29 feet to a point for a corner; thence North
79 degrees 34 minutes 37 seconds West 353.66 feet to a point, thence continuing North
79 degrees 34 minutes 37 seconds West 150.00 feet to a stone bound for a point, thence
continuing North 79 degrees 47 minutes 20 seconds West 207.86 feet to a stone bound
for a point; thence along a curve with a radius of 25 feet a length of 38.49 feet to a stone
bound at the intersection of Osgood Street, being the Southwesterly most point of
Orchard Hill Road, thence along Osgood Street following a curve with a radius of 510.66
feet a length of 84.43 feet to the point of beginning.
Subject to restrictions, covenants, and easements of record which may be in effect. George R.
Barker, Jr. further certifies that the undersigned is the sole Trustee of said Orchard Hill Nominee
p
f
Trust and is authorized to act as such; that said Trust is in full force and effect and has not been
modified, amended or terminated; that said Trustee is authorized by the beneficiaries of said
Trust to execute and deliver this instrument and none of the beneficiaries is a minor, a personal
representative or a subject of an estate tax lien; and that this conveyance does not represent a sale
•- I
of all or substantially all of the Trust's Massachusetts assets.
For Grantor's title see deed from George R. Barker Jr. Administrator to George R. Barker Jr.
dated December 30, 1953 recorded in said Registry of Deeds in Book 787, Page 253. See also
deed from George R Barker Jr. to George R. Barker Jr. Trustee dated April 1, 1998 recorded in
said Registry of Deeds in Book 5158, Page 195.
Property Address: Orchard Dili Road, North Andover.
Executed as a sealed instrument this 3 0 day of a%u , 2001.
Orchard Hill Nominee Trust
G�`-ftBarker, Jr., Truk ee George gl. Barker, Jr.
Commonwealth of Massachusetts
County of Essex, ss:
Then personally appeared before me the above named George R. Barker, Jr., individually
and as Trustee of the Orchard Hill Nominee Trust, duly autho ed and acknowledged the foregoin g
instrument t be 1p free act and deed, indiviWPubli
ialf of said Trust, before me this
day of �G� 2001.
My commission expires:
i
I
EASEMENT
George R. Barker Jr., of 1267 Osgood Street,North Andover, Massachusetts, in consideration of
less than One Hundred Dollars ($100.00), the receipt of which is hereby acknowledged,
O grants to THE TOWN OF NORTH ANDOVER, a municipal corporation, of Main Street,North
Andover, Massachusetts,
The perpetual rights and easements to pass and repass, lay pavement, maintain and repair
the same, and to construct, inspect, repair, reprove, replace, operate and forever maintain pipes,
pumping systems, generators, conduits and their appurtenances for the conveyance of water and
to do all other acts incidental to the foregoing, including the right to pass along and over the land
for the aforesaid purposes, and generally for such other easement uses as a public way may
lawfully be used in the Town of North Andover in, though, and under the whole of the land
described as Cul-de-sac Easement Area on a plan"Plan of Land, Location North Andover, co
Owned By George R. Barker, Jr., Scale 1"=40' Date; 12/12/97" and recorded in the Essex �P&
Northern District Registry of Deeds as Plan#13309 (being the same easement area shown on
Plan#13206)
Subject to restrictions, covenants, and easements of record which may be in effect and all
easements as shown on said Plan. For Grantor's title see deed from George R. Barker Jr.
Administrator to George R. Barker Jr. dated December 30, 1953 recorded in said Registry of
Deeds in Book 787, Page 253.
Property Address: Cul-de-sac Easement Area in Parcel 1-2B-1 as shown on Plan#13309,North
Andover.
Executed as a scaled instrument this ( day off , 2001. sty =-27 012 '�
GEORq R. BARKER, JR.
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS�Y j
On this�_day of C �S , 2001, before me, personally appeared GEORGE R.
BA ER, JR. to le know to be the person described in and who executed the foregoing
instful nt, and/acicn wled ed that he executed the same as his free act and deed.
Notary Public
My Commission Expires;
FORM 2:
COVENANT
2 A h� Massachusetts
KNOW ALL MEN by these presents that he and signed has submitted an application dated
Q-6 10117 , to the Planning Board f r approval of a
definitive p o a subdivision of I d ntit4ed: �� G , plan by:
S_ cam_ Ls , dated: I q r� -_. and owned by: s� r {. ,
address: i 7 S 5 . ve , land located:
Ind showing 2 proposed lots. The and signed has requested the
Planning Board to approve such plan without requiring a performance bond.
IN CONSIDERATION of said Planning Board of Pt nAdyer in the county of
s approving said plan without requiring a perfor ance b nd, the undersigned
hereby covenants and agrees with the inhabitants of the r a 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.
If 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.
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 0�k)C ZQ±1 [aq7__
d. The definitive plan as approved and as qu..iified by the certificate of approval. 197
e. Other document(s) specifying construction �o be completed, namely:
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 pro,., teg 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 be deemed to prohibit a conveyance by a single deed subject to this
covenant, of either the entire parccl of land shown on the subdivision plan or of all lots not
previously released by the Planning Board.
Massachusetts Federatson of Planning and Appeais Boards 1972
(Rewsed 1980. 1983. 1988)
IQ rx 20.17
. - V�� Vq
Ol9-gC
B. That the undersigned agrees to record this covenant with the . s-W kx.-M-Y — 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. Deference to this covenant
shall be entered 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.
8. That this covenant shall 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 wayys and installation of municipal services as
specified herein, on or before M� Z3 9�
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 MAL., 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
Massactmens Federation Of Planning and Appeals Boards 1972
(Revised 1986. 1983, 19M)
20.18
For title to the property, see deed from e) &t�'� , dated -De-e-• 30 I s3
recorded in LASS %f K i4kt* Registry of Dee s, Book 7 9) 7 Page .Z 5 I at regi3tered-
esent holder of a mortgage upon the property is
The mortgage is dated and
recorded in Registry of Deeds, Book , or registered
in Lan t as Doc o. , and noted on certificate
of title no, , in Registration 8 e . The mortgagee agrees to hold
the mortgage subject to th nts set forth above anil—agreesihat the covenants shall have the
same status, f effect as though executed and recorded before t of the mortgage and
f� grees 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 of
19 ,
Ownner
Spouse of Owner
Mortgage Acceptance by a Majority of the Planning Boara 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
, ss - t tI ? , 19g'7
,98Z 2¢�,6A-felGe�
Then personally appeared before me the above named ILeUTNe1- Cam. LTA2&-ek&nowiedgPr'
the foregoing instrument to be free act and deed.
T' Signature of Notary PubhCe �
My commission expires _
NOTARY PUBLIC
Massachusetis Federation of Planning anrt Appeals Boards 1972
{Aev�seo 19$0, t9$3. 19ml
20.19
,
i
Q� FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
(name of owner)of I Z 6 7 QS ocd 5T. A) (address)
County, M ssachusetts; for the consideration of !.6o , hereby griants, transfers and delivers unto the
Town of North Andover, a municipal corporation in Essex County, the following;
A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever
maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances,
(2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered surface and
ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all
other acts incidental to the foregoing, including the right to pass aloe and over-,the land for the
aforesaid purposes, n through, and under the whole of me ,��j L,�„�, , dated ,
1lei? kst). stq/q`�, said plan is made and said plan is incorporated herein for a complete and
detailed description roads.
B. The perpetual rights and easements to use for (describe use/purpose)
the following parcel of land situated on (Street) in said Town of
North Andover and bounded and described as follows:
SEP `9, AM11,15,41
The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it)
has good title to transfer the same, and that he will defend the same against claims of all persons.
For grantor's title see deed from l; e,0:240, Fk.r�p dated ,98,C, 3p , 19 S 3 , and
recorded in hex District Registrj of Deeds, Book 7 A 7 , Page Z 5 1 —,
,
Book
, Page
This is not a homestead property.
To be m leted if a mortgage exists:
And the present holder
of a mortgage on the above describ is mo dated , 19 and recorded
in said Deeds,Bo ,Page ,for consideration paid,here s unto the Town forever from
a ion of said mortgages, the rights and easements herein above granted and assen
Authorized signature of Mortgagee 0wncr
IN WITNESS WHEREOF we have hereto set our hands and seals this �j day of
UC�rUST __� 19 �—
}Qs� lv�
r` j
COMMONWEALTH OIL MASSACHUSETTS
ss �� , 19
Then personally appeared the above named C4(_-bIZC� '( b(ZI E6 L and acknowledged the foregoing to be
g free act and deed, before me.
Notary Public
My Commission Expires:
Jane I. Armstrong
NOTARY PUBLIC
My CoriYtOM 008S Oct.23,W
NOTE: This conveyance is not effective until accepted by Town Meeting,
I:
FORM J
LOT RELEASE .
The undersigned, being a majority of the Planning Board of the Town
of North Andover, Massachusetts, hereby certify that:
a. The requirements for the construction of ways and municipal
services called for the Performance Bond or surety and dated
19 9-1. and/or by the Covenant dated
> 19 q7 and recorded in District Deeds
Back ,4 -_., Page l�.S� ; �r eQ stez�es
-arA—Imt-ed en MR
has been completed/partially completed, to the
satisactian of the Planning Board to adequa e serve the
e l.numerated lot shown on Plan entitled ,-
P_ Section (s) Sheets
.Plan dated 2 , 19 a2 recorded by the
'E-ss�rx NoIrITH Registry of Deeds, Plan Book 3o�i ,---Gr—
\, Land Reg Wx r
and said lots are hereby released from the r
restriction as to sale and building specified thereon. 'Q
Lots designated on said Plan as follows! (Lot Number (a) and q
street-(s) }
S 2 1-19 Q R c W ARD Wk LL R4
b. (To be attested by a Registered Land Surveyor) 4-10 r 1)A ,
I hereby certif that 1 number (s) i�-� 1 2- B on
a C Street(s) do
conform to a out as shn an Definitive Plan entitled
► �( �o7a�Pap ParG� Section Sheet(s) 13 "
Of
Registered Land Surveyor -
((+�'f 7 ' ESS Ex NORTH J�L-:G.1,c
LAWRENC�_-, MASS.,_5
of z A TRUE Co py: Ar°T .ST
I CrA214se
YZEGISTE or r)M.n
UioSLs
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 erformance.
Band or Surety dated O .9 R , and/or
Covenant dated ^ _ , 19 from
of the City/Town of �.
County, Massachusetts recorded with
the sS District needs, Book Page
or registered in Land Registry District as Document No.
TI acknowledges
satisfaction of the terms thereof and hereby releases its
right, title and interest in the lots designated on said plan
as follows:
Lt T.S r2-A 12-13 s N I LL
EXECUTED as a sealed instrument this day of t c'�06o'l 19
Majority ofrthe vxlpb'���
Planning Board
f 4
of the Town of �( '� , (-fie "IItC�
North Andover
COMMONWEALTH OF MASSACHUSETTS
Essex ss October 21 19 97
Then personally appeared Richard S. Rowen one of the above
members of the Planning Beard 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
Decembgr 11
My commission Expires
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