HomeMy WebLinkAbout1994-08-19 Legal Documents i
FORM I
COVENANT
October 17 , 1924
North Andover MA
KNOW ALL MEN by these presents that the undersigned has
submitted an application dated May 13 1994 , to the NORTH
ANDOVER PLANNING BOARD for approval a Definitive Plan of a
subdivision of land entitled: Definitive Subdivision & Spggjal Permit Plan
plan by: Christiansen & Sergi
dated: May 5 11994 Rev. 8/1/94 owned by: Paul T. Mscisz ,
address: 18 willow Street
land located: off Rt. 125, 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 as follows:
1. That the undersigned is the *owner in fee simple
absolute of all the land included in the subdivision
and that there are no mortgages of record or otherwise
on any 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 more than one owner, all must sign.
"Applicant" may be an owner or his agent 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, permanent `n
building on any lot until the construction of the 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.
1 of 5
c. The Certificate of Approval and the conditions of
approval specified therein, issued by the Planning
Board, dated August 19 1994
d. The Definitive Plan as approved and as qualified
by Certificate of Approval. .
e. Other document(s) specifically construction to be
completed, namely,
However, a mortgage 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 provided 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.
5 . That nothing herein shall be deemed to prohibit a
conveyance by a single deed subject to this covenant,
of either the entire parcel of land shown on the
subdivision plan or of all lots not previously released
by the Planning Board.
6 . That the undersigned agrees to record this covenant
with the Essex North County Registry of Deeds,
forthwith, or to pay the necessary recording Fees to
the said Planning Board in the event the Planning Board
shall record this agreement forthwith. Reference to
this covenant shall be entered upon the Definitive
Subdivision Plan as approved.
7 . A deed or 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.
2 of 5
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 . Said covenant shall expire two years from
the date of the endorsement of the definitive plan.
9 . Upon final completion of the construction of ways and
installation of municipal services as specified herein,
on or before August 19, 1y 6 , 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.
For title to the property, see deed from Paul .T. Mscisz and Martha
J._Mscisz ____ dated _October 12, 1994 --, recorded in
_ Es Registry of Deeds, V=k Document #293P'MM 'C' RZMAMWi*t9WAdXXAft MQM
4 �.
title No. , ►
The present holder of a mortgage upon the property is
Nona of
The mortgage is dated and recorded
in Registry of Deeds, 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.
3 of 5
N/A' e _ 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 of homestead and other interest therein.
IN WITNESS WHEREOF we gave unto set our hands and seals this
of Octob. , 19 94
llow Stre .t Inc.
B
VI.CP. P _ 1dP.C1 "
Treasurer
Mortgage
Acceptance by a Majority
of the Planning Board of
COMMONWEALTH OF MASSACHUSETTS
,...._, ss October D. .._� 19 .94
Then personally appeared before me the above. named _jan-p-5 M, Grifnni
and acknowledged the foregoing instrument to
be his free act and deed.
.—
Notary Public
My Commission Expires: —t--
COMMONWEALTH OF MASSACHUSETTS
, s s October 17 , 19 94
Then personally appeared before me the above named Richard Pelletier
and acknowledged the foregoing instrument to
be his free act and deed.
Notary Public
My Commission Expires:, i4LI,� 9
of
4 of 5
I
i
COMMONWEALTH OF MASSACHUSETTS
Then personally appeared before me the above named ! C
�,7VQ Q-c� and acknowledged the foregoing 'nstrumen to
be is T^ free act and deed.
'Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
, ss 19
Then personally appeared before me the above named
and acknowledged the foregoing instrument to
be free act and deed.
Notary Public
My Commission Expires:
5 of 5
I
FORM J
LOT RELEASE
The undersigned, being a majority of the Planning Board of the Town
of North Andover, Massachusetts , hereby certify that:
r a. The requirements for the construction of ways and municipal
services called for the Performance Bond or Surety and dated
19 and/or by the Covenant dated
October 17 , 19 94 and recorded in District Deeds,
3MM Doe-.-#304-7 , e 10-26-94 or r&a4@&M@AxxxUj
T 1 4 U
has been completed/partially completed, to the
satisfaction of the Planning Board to ade ately serve the
enumerated lots shown on Plan entitled is
Itave Subdivision
& Special Permit Plan Section (s) , Sheets n,
Plan dated May 5, 994, Rev.8/1J 19 94 recorded by the
Essex North Registry of Deeds, Plan4k=kK #12487 zw
IR
Ricca and said lots are hereby released from the
restriction as to sale and building specified thereon.
Lots designated on said Plan as follows: (Lot Number (s) and
street(s) )
Loth, Willow
Street
co
b. (To be attested by a Registered Land Surveyor)
I hereby certify that lot number (s) 11, Route 125 (Andover ass) ; LM
Lots 10, 12 thru 15, Willow Street(s) do
conform to layout as shown on Definitive Plan entitled
iiDefinitive Subdivision & Special sw8iftw Plan #124 n
Perma-t Plan
R g e o. S rveyor
°go�FQrgrwP�a\��'�
Fssr0liAL E�' ;
-Victor L. Hatem Esq. 1 of 2
127 Turnpike Street
North Andover MA 01845
i
. I
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 , 19 from
of the Cit--y/Town of
County, Massachu ett recorded with
the •-S District Deeds, '� t 3(��: _ , Page
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:
EXECUTED as a sealed instrument this day of 19 9�
Majority f'o ' t o the
Planning Board
of the Town of , J1o:'.--- ,_),�_'�
North Andover .• ':'
COMMONWEALTH OF MASSACHUSETTS
ss 19
Then personally appeared 1?ick4eO.-A. AJA one 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.
*o'thqry—Public
My Commission Expires
2 of 2
FORM J
LOT RELEASE
The undersigned, being a majority of the Planning Board of the Town
of North Andover, Massachusetts, hereby certify that:
r a. The requirements for the construction of ways and municipal
services called for the Performance Bond or Surety and dated
, 19 and/or by the Covenant dated
, 19 %y and recorded in District Deeds,
Book LAkSl �, Page or registered in
Land Registry District as Document
No. and noted on Certificate of Title No.
in Registration Book , Page
has been Gomple*A�4/partially completed, to the
satisfaction of the Planning Board to adequately serve the
enumerated lots shown on Plan entitled
14 Spec kCA-- 2Y'� IA ��� Sects (s) , Sheets
Plan dated recorded by the _
Registry of Deeds, Plan Book12,Ljf , or
registered in said Land Registry- District, Plan Book ,
Plan , and said lots are hereby released from the
restriction as to sale and building specified thereon.
--wa
int'..S C?Pa1gnP.tPt3 on said .Plan as follows: (]Got Number (s) and
street (s) ) O
LOt--Z� 1.0 -1-0 1 b can U z� ltcx� �',ee#- LO-k--GCS C.� "2,-�1�' �2s
u
b. (To be attested by a Registered Land Surveyor)
T hereby certify that lot number (s) If 2-« on
A- -19, �-�_� _ ` it), u",j 5 i Street (s) do
conform to layout as shown on *Definitive Plan entitled
Section Sheet ) ��
Gr} 1ZIA E5+
Reg ' t a carve
� C�
p1nuP �,
0
a municipal corporation situated in
c. The Town of North Andover, p
the County of Essex, Commonwealth of Massachusetts
acting by
its duly organized Planning Board, holder of a Performance
+ 19 r and/dr
Bond or Surety dated 19,. from
covenant dated Town of
Of the City/
County, Massachusetts recorded with.
the District Deeds, tr Book
as Document No
or registered in Land Registry Di in
and noted on Certificate Title No. acknowledges
Registration Book, + releases its
satisfaction of the terms thereof and hereby
right, title and interest in the lots designated on said plan
as follows:
EXECUTED as a sealed instrument this
day ofANUF3I� `► 19
234
Majority of the {
Planning Board \ .2
F ^ f
of the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
E ss
J , 199
eared fl , one of the above
Then personally appearedhe members of the Planning B thed 0fforegoingninstrument tonbevthe
Massachusetts and acknowledgedbefore me.
free act and deed of said Planning Board,
a
otary Public sfW �
y Commission Expires
2 of 2
J
FORK.
CONTROL FORM FOR PROCESSING
SUBDIVISION PLAN AND CONSTRUCTION
SUBDIVISION PLAN ENTITLED: n
LAND LOCATED: —caa- 13 0\AQ �-
A—
B Y: F -
�_
APPLICANT: ADD ESS: l PHONE:
tkv— _ 09menit-
O'�M CDC-1(��,�
�C���v✓ �11 'mom
Date of Preliminary Plan
Date of Preliminary Plan Submission (PS) _
Preliminary Plan Approval Date (PS+45)
Date of Definitive Plan
Submission Date(s) k om L f 3
Check: Rec'd �� Forms Rec'd %/f� Plans Rec'd tl�
Date of Definitive Plan Submission to Board of Health (SH) ��\ 159
Date Received Board of Health Report (SH+45)
Date of Plan Submission to Other Boards and Agencies
Board
Date Received Reports from Other Boards and Agencies
Board
Massachusetts Federation Of Planning and Appeals Boards 1972
(Revised 19W. 1983. 1988)
20.37
Approval Deadline Date (S+90 or 135 days)
Hearing Date (H) CI91A
Date of Letters to Abuttors (H-14 days)
Date of Newspaper Notices (2) (H-14 days for first notice) \ —
Approval or Disapproval Date (A)
Appeal Deadline Date (A+20 days)
Date of Performance Guarantee Agreement T
Description of Performance Guarantee
Date Record Plans Endorsed
Date Plans and Performance Guarantee Recorded
Book No. Page No.
Date of Amendments or Extensions to Original Performance
Guarantee
Description of Amended Performance Guarantee _
Date of Amendment Modification or Rescission of Approval
Other
Releases
Lot Numbers Date of Lot Releases Description of Performance Guarantee j
I
i
i
Date of
i
Final Release/
Certificate of Completion
c Massachusetis Federation of Planning and Appeals Boards 1972
{Revised 1980.1983, 1988)
20.38
r
01
COVENANT
KNOW ALL MEN by these presents that the undersigned has
submitted an application dated May 13, 1994 , to the NORTH ANDOVER
PLANNING BOARD for approval a Definitive Plan of a subdivision of
land entitled: Definitive Subdivision & Special Permit Plan, dated:
May 5, 1994, Rev. 8-1--94 ; owned by: Paul T. Mscisz, 18 Willow
Street; land located* off Route 125, North Andover, and showing 20
proposed lots. t� P/41 AIOD 001
That the undersigned shall include in Protective Covenants that
the Architectural Style of the proposed dwellings conform to the
presented to the Planning Board and referenced as Booklet entitled:
"Willow Tree at North Andover, Massachusetts, Scott Construction,
Inc. "
Dated: October 17 , 1994 STR T REAL Y,
s es M. i ni, President
.chard elletier, reasurer
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. October 17, 1994
Then personally appeared the above named James M. Grifoni, vice
President and Richard Pelletier, Treasurer and acknowledged the
foregoing instrument signed by them to be the free act and deed of ^C.
WILLOW STREET REALTY, INC. , before me r a
NOTARY PUBLIC /
My Commission Expires:
CERTIFICATE OF VOTE
T, Joseph J. Scott, hereby certify that I am the duly
elected and qualified Clerk of Willow Street Realty, Inc. , a
Massachusetts corporation having a usual place of business at
North Andover, Essex, County; that at a meeting of the Directors
of said Corporation, duly called for the purpose, and held
October 13, 1994 , at the offices of the Corporation, at which all
of the Directors were present, it was unanimously
VOTED: That Joseph J. Scott as he is President of this
Corporation, be and he hereby is, authorized and
empowered, in the name of and on behalf of this
Corporation to purchase or otherwise lawfully acquire
real property wherever situated and personal property
of every kind and description and to sell, transfer,
convey, lease, mortgage or otherwise dispose of real
property and personal property owned or held by this
Corporation; and to that end to make, execute,
acknowledge and deliver deeds, mortgages, security
agreements, pledges, notes or other evidences of debt
and all other such documents or instruments in writing;
to affix the corporate seal to all instruments required
to be sealed; and to do and perform all things in the
name of and on behalf of this Corporation necessary or
incidental to the consummation of all such
transactions, and that the foregoing officer is
empowered to act.
VOTED: That James M. Grifoni as he is Vice-President of this
Corporation and Richard Pelletier as he is Treasurer of
this Corporation, and they hereby are, authorized and
empowered, in the name of and on behalf of this
Corporation to make, execute, acknowledge and deliver
deeds, covenants, easements areements, and all other
such documents or instruments in writing; to affix the
corporate seal to all instruments required to be
sealed, and to do and perform all things in the name
of and on behalf of this Corporation necessary or
incidental to the consummation of all, such
transactions, and that the foregoing officers are
empowered to act.
VOTED: That the foregoing VOTE and the authority vested in any
two acting jointly of Joseph J. Scott as he is the
President of this Corporation or James M. Grifoni as he
is Vice-President of this Corporation or Richard
Pelletier as he is Treasurer of this Corporation or
Joseph J. Scott as he is Clerk of this Corporation,
shall be and remain a continuing authority entitled to
be relied upon by all persons until revoked, modified
or amended by a further VOTE of the Directors duly
recorded with the Essex North District Registry of
Deeds.
I
i
I further certify that Joseph J. Scott is the duly elected
President of this Corporation, and that James M. Grifoni is the
duly elected Vice-President of this Corporation, and that Richard
Pelletier is the duly elected Treasurer of this Corporation and
that Joseph J. Scott is the duly elected Clerk of this
Corporation; that the foregoing VOTE is in conformity with the
Articles of Organization and By-Laws of the Corporation; that
the foregoing VOTE is within the power and authority of the
Directors and Shareholders to do; that there are no prior VOTES
of the Stockholders or Directors limiting or restricting the
foregoing VOTE; that the foregoing VOTE remains in full force
and effect without limitation, modification or amendment upon the
recording of the CERTIFICATE in the Essex North District Registry
of Deeds.
A true record.
Attest:
J ep J. catt, Clerk
FORM D
t �
DESIGNER ' S CERTIFICATE
May 9 19 94
TO THE '•;LANNING BOARD OF THE TOWN OF 14ORTH ANDOVER :
In preparing the plan entitled Nadine Lane
I hereby certify that the above named plan and :accompanying data is true
and correct to the accuracy required by the current Rules and Regulation -
Governing the Subdivision of Land in North Andover , Massachusetts , and
my source of information about the location of boundaries shown on said
plan. were one or more of the following :
1 . Deed from Mscisz/Sawyer to Mscisz
dated 9/5/69 and recorded in the North
3120 83
Essex Registry in Book 1139 Rage 431
2 . Other plans , as follows
3 . Oral - information furnished by
4 . Actual measurement on the around from a starting point established
by MHLO
5 . 0 t h e r Sources
Si gncy
UFrg Re istered Prof ssional ngineer or
Seal o 1 n or t 9
Surve CHAEL y� Registered Lan Surveyor}
SE13al v,
Na3319i Michael J. Sergi
iz 160 Summer Street�QHaI tA1�4S� ,4:, f' Haverhill , MA 01830
Address
i`
j 7 Y
LAW OFFICES
127 TURNPIKE STREET
NORTH ANDOVER,MASSACHUSETTS 01845-5095
VICTOR L, HATEM V.
ALSO AOMiTTED IN N.H. 368
FA)(: ] 6 i1'8
JOSEPH V. MAHONEY � > ;
PETER L. HATEM
ALSO ADMITTED 1N FLORIDA AND N.H.
i
April b, 1998
I
Planning Department
Town of North Andover
Town Hall
North Andover, Mass.
Re: Deed for roadwa Nadine bane, North Andover Mass.
Dear Sir/Madam:
Enclosed is the original deed to the above property.
Should you have any questions, please do not hesitate to call.
Very truly yours,
rL
VICTOR
VLH:smr
Enclosure
R:IDEEDLET,DOC
i
(�5 PG 78
D E E D
WILLOW STREET REALTY, INC. , a Massachusetts `corporation organized
under the laws of the Commonwealth of Massachusetts, having an
usual place of business in Haverhill, Essex County,
Massachusetts,
for consideration paid, and in full consideration of LESS THAN {
ONE HUNDRED ($100 .00) DOLLARS,
grants to THE INHABITANTS OF THE TOWN OF NORTH ANDOVER, of 120
Main Street, North Andover, Essex County, Massachusetts,
with QUITCLAIM COVENANTS,
The fee in a certain roadway, known as Nadine Lane, and
situated in North Andover, Essex County, Massachusetts, being
shown on a plan of land entitled, "Special Permit & Easement
Plan, located in North Andover, MA. , prepared for willow Tree
Development, Scale 1" = 301 , Date: 10/11/94 , Christiansen &
Sergi., Professional Engineers and Land Surveyors, 160 Summer St. ,
Haverhill, MA 01830" , which plan is filed with the Essex North
Registry of Deeds as Plan No. 12551 .
Parcel is a 50 ' wide right of way known as Nadine Lane,
starting at Willow Street at a line between Stations 0-7 . 35 and
0+8 .98 to Stations 0+96.26 and then to a line between Station
5+65 .70 and 5+60 . 15 also on the Northerly line of Willow Street r
and shown on a Street Acceptance Plan Nadine Lane prepared by
Christiansen & Sergi, dated March 1997 .
For the: Grantor's title to the fee in the roadway, see deed
dated October 12 , 1994 , and recorded in the Essex North Registry
of Deeds, Book 4143 , Page 71 .
See Certificate of Vote, dated October 23, 1995 , and
recorded in said Registry in Book 43640 Page 189 .
IN WITNESS WHEREOF, the said WILLOW STREET REALTY, INC. , has
caused these presents to be signed in its name and behalf by
Richard Pelletier, its Treasurer, this 30th day of May, 1997 .
WIL RE T READY IN
IDBy r ��
V
NAIEM & MAH("tY
127 TURNPIKE,51 rtT
NORTH ANDOVEit, 0 0,5s-
BK 41165 PG 79
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss . May 30, 1997 .
Then personally appeared the above named Richard Pelletier,
and acknowledged the foregoing instrument to be the free act and
deed of WILLOW STREET REALTY, INC. , before me,
—,"Notary
Public /
My Commission Expires: -� /
G449656