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HomeMy WebLinkAbout1984-07-18 Legal Documents DEF SUB FORM COVENANT August 31 ,� _19 81 City/Town North Andover , Massacliusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated_ July 30 , 1981� to the North Andover Planning Board for approval of a plan of >t of land entitled : 114 Associates _ plan by :..F. CCel.inas Assoc . dated: Amu usC 3 ,__19$t to beowned by:_._ 1.14 Associates , address : _1_Elm S uare Andover AAA land located:_gn__WtJ ow at . No. Andover and showing --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 approval said plan with requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the North Andover as follows : will be 1 . That the undersigned A)s the owner* in fee simple absolute of all the ] and shown on the pl.an ' 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 i here is more than one owner, all must sign. "Al)p1 icantll may bc, 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 on the plan or erect or place any pormanent buildinh on any lot- until i lice construcLion of ways and installation of municipal services nec.ess,iry to adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, terms, and provisions as specified in the following : ( Form A) A. The Application for Approval of Plan >(Zox- 3cc ) . B. The Subdivision Control Law and the Planning Board ' s Rules and Regulations governing t3oAx subdivisions . C. The certificate of approval and the conditions of approval specified therein, issued by the Planning Board, dated D. The plan as approved and as qualified by the T __ certificate of approval. E. Other document (s) specifying construction to be completed, narfiely: Plans showier reconstruction of Willow Street _ _ F . Sewer and water shall be constructed in accordance to the—Board of Public Works recommendations and specifications and the road shall b constructs in accor ance wI e H I ghway Sur rFeoei-nda-tion 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 provides that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. P.01 BELIEVED ?K)T TO RMU RY, A)'PRQVA3 September 14 s 19 81 - «lf.ry.• "�•., .�N•,.•,•=ti`,f.. - i ..;• ,�. ��� i;�,,:, •�i fir. .. '.4,Y:1• `'� _.• _'�! � ' _ter i•.. - •`. J r _. • r~7 ��4.�. Ir�J:•�.. '�'•-•V 44 ,�•.'. �'i :r:r .'' ••i w.• ..� f�:i..• . :'I •.,•,��,' .. :f�•• •►ri..� C'':.i '.S.T'. i.! •li. v To The Planning Boarrd of the Town of North Andover: -.?.vy t1 .:/ •� rin.�j,{1 1.i'.� .P '.fir-`i .'Tha undersigned wishes to record the accompanying plan and requests a datermina. Lion by said Board that approval by it under the Subdivision Control Law is not • requirad. . The undersigned believes that such approval is not required for the following reasonai � •' r.fY,!.e' .r.^: .;,t `,. f' . :`1 .. , . ••�"f: .I .•.'T.r v .i:r -. rtiii r^ .7ti� ,,,1 r,r_' -r. �•'' 1. The division of land shown on the accompanying plan in not a mubdivision'•,':_.:_ because every lot shown thereon has the amount of frontage 'required by.the North Andover Zoning By—Law and is on-a public way! namelyf'. i or a private Nay, namely• Willow Street being land bouinded as followas'• On the north and east by Willow Street : .`;•,.. On the south by land N/F Symosek . .4. On the west by land N/F Marino V' 2. Title reference: North Essex Deedsp Book 835 p Page 207 1 or . Certificte of .Title No. a Registration Bookor r Other: Roceived by Town Clerk: Applic is 9i Date: Applic tts ttddreaa 114' Associates #' . , Musgrove Building Time: Andover, 1 A 01810 Signatures Owner's signature and address if not the t � aPPlicanti Purchase •.and••••sal�-_s--agreement A�� � ��N 3 . That this covenant shall be binding upon the executors, admin- !strators, devisees, heirs, successors and assigns of the under- signed and shall constitute a covenant running with the land included on the plan and shall operate as restrictions upon the land. 4 . That particular lots shown on the plan 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 sbdxxsrx plan or of all lots not previously released by the Planning Board. 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 t-o this covenant shall be entered upon the RtA)kLqiy'ix Rn plan as approved. 7. A deed of any part of the land 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 clatez of ,311ch i 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 aRkiRkUjmR 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 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 P .G.L. , Chapter 41, Section 81w-U, as long as such security is sufficient in the opinion of the Planning Board to secure performance of the construction and installation. IN [FITNESS WHEREOF we have hereunto set our hands and seals this Thirty--first day of August , 1981 . 1.14 Associates ; BY � v • ,T^� •�} PI�M141YYIYYYIYYY WWII d7. C YE N. i • 1904 !" earth Ancp_ve L„ •Massachusetts G KNOW ALL MEN by these presents that the undersigned has submitted an application dated , to the No the dove:✓ planning Board for approval o a e n ive Plano a u v B on 01 land entitled:', North Andover nusinees Park_ • pl.an byi or Assoc R Inc. rr datedi rc 23 1984 an Owns ; li A saaiat. Re t ru , address t 2.Elm r . do r ssachusetts , land Ioata Nort Andover. Massachusetts r and showing '' ae proposed o s. a un ers gne as requests t e planning Board to approve such t plan without requiring a performance bond. In CONSIDERATION of said Planning Board of North Andover in the county Of- Essex approving said p an w "out ou requiring a ( inhabitants bontlio—t rtnnasrfalnod hereby covenants and agrees with the 1•. That the undersigned is the owner* in fee simple absolute-of all the a land included in the subdivision and that there are no mortgages of record br .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. 3 * If.there 'is more than one owner., all must sign. "Applicant1l may be an owner or his agent or representative, or his assigns, but 3 8, the ✓owner of record must--s-i•gn--the covenant. 2. That the undersigned will not'sell or convey any lot in the subdi� ` vision or erect or place any permanent building on anyy lot until # the construction of ways and installation of municipal services necessary to adequately serve such, lot has been completed in accor- dance with the covenants, condit#ons, agreeinentsr terms and pi islans as specified in'the following:',' i a. The Application for Apprsrovel 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' con4itions of approval spe= cified therein, issued by the Planning 'Board,..dated d. The Definitive Plan as approved and as qualified by the Certiw: ficate of Approval . e. Other, document(s) specifying construction to be completed, namely, (page f of 3). However., a mortgagee who acquires title to the mortgaged promises 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 provides 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 covonant shall be binding upon the executors, adminis- trators devisees, heirs, succes'sdrs and assiggns of the undersined and she constitute a, covenant running with -the land included in the subdivision and shall operate as restrictions upon the land. 4. That pvrticular lots within the subdivision shall be released from the foregoing conditions upon the•recordin of a certificate of Performance executed by a majority of the canning Board and onum- eratinp the snecific lots to be released, •6. 'That nothing herein shall be deemed, to prohibit a conveyance by a sinnle dead 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 Planninn Board, 6. That the undersigned agrees 'to .record this covenant •with the rtilt Essex C0411ty Re istry of peeds, forthwith,- o'r to pay ifie necessary recordingg fees to' the said Planning Board in the event the Planninp Roard. shalI record this agreement forthwith, Reference to..t,his covenant shall be entered upon the Definitive Subdivision 'Plhn 'as -approved. 7. A, deed or 'any part of tl�o subdivision in violation of the covenant shall be voidable by they grantee prior to the,•reledse of the cov- enant; but not later than three (3) years from the date of such deed, as provided in Section 81-U, Chapter 41', H.O.L. 8. That this covenant shall be •executed before endorsement of approval ' of the definitive- plan by the •Pladning Board and shrill take affect- upon the endorsement of approval ., 9. Upon final compjetion of the construction of ways and installation of municipal services as 'specified herein, on or beforeN 6 the Planning Board shall release this covenant y- a`n appropriate instrument, duly' acknowledaed.' Failure to complete con- s truction and installation within thd- O me .specified herein or such, later date as may be specified by vote,of the Planning Board with a ' written concurrenco 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 covonant•by an appropriate instrument duly recorded. 100 Nothing herein shall prohibit-the applicant from varying the method of securino the constrUction•of ways and installation of municipal services from timw to time. or from securing by one, or in part by one and in part by another .of the methods. described in li.G.L., Chapter 41 section'-Bi-U, ns l'on as. such security•i;"Pufficient in the opinion of tho Planning' Board' to .secure performance of the ,con- struction and fnstallation.. 1 ' (Pape $ of 3) _. _.:r �_..._._._._...._....._ i ~ For title to the property, sea deed from arviM.e. Gennet• •TrustAA $4 dated Jux 1 1 ,• recorded inRegistry o Deeds,—Book—— 159 P49e 316 or.reg s ere n Land Registry as ocument off""' . 'and noted on certificate o le No. ,in'Regtstration Bad. Page s. The present hotder'of a mortgage upon'the property is Andover SAvit1 s flank Of Andover Massachusetts mortgage• S ate an recorded n or. Essex Registry of DOM, o0 6 , Fage 191 , or registered ' La`nT egi try as-6ocument No. , and noted on c$r ca e o e o. in -Registration Dook"""��' , Page the mortgagee agrees toTl� the mortgage sub�ect o e covenan�n-rs 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 undersignod applicant. hereby agrees t a —such nterest as 1, we may have in the premises shall, be 'subject to the Provisions of this covenant and insofar as Is necess. ary releases all rights of tenancy by the dower or homestead and other Interests therein. IH WITNESS WHEREOF we have hereunto set our hands and seals this loth Of September. 19 84 114 Assoc ate,s Realty Trust .. obert E. webste�r, Trustees R amin c. good, Trust* Acceptance by a Ma3ority of the Planning Board of. T. Recorded iQov.8,1984 et :381tift 1fi3� (Poge' 3 WS) ,: FORM I COVENANT September 10, 1984 North Andover , ., Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated jc1V,+, to the North-.Andover Planning Board for approval of a Definitive Plan of a subdivision o and entitled : North Andover Business Bark , plan by : �I.W, Moore _ Associates Inc , , dated : Ma_rch 2-3, 1084 and owned by ; 114 Associates Realty Trust , address : 2 Elm. Square , Andover Massachusetts , land located : North Andover Massachusetts and showing _, 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 re qui r ng a-- performance bond , the undersigned hereby covenants and agrees with the inhabitants of the town as follows : I.. 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 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 more 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 subdi - vision or erect or place any ,permanent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such ,lot has been completed in accor- dance with the covenants , conditions , agreements , terms and provisions as speci fled i n the fol l otgi ng ; .,.. a . The Application for Approrova1 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 spe - cified therein , issued by the Planning Board , dated -1it� . ; �. r,�. ' d . The Definitive Plan as approved and as qualified by the Certiw ficate of Approval . e . Other document ( s ) specifying construction to be completed , namely , _- ( Page 1 of 3) . 5 l 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 provides 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 , adminis - trators , 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 enum- erating 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 North Esser County Registry of deeds , forthwith , or to pay the necessary recording fees to the said Planning Board in the event the Plannina Board shall record this agreement forthwith . Reference to this covenant shall be entered upon the Definitive Subdivision Plan as approved . M 7 . A. deed or any part of- the subdivision ''i,n violation of the covenant shall be voidable by tine grantee prior 'to the,- release of the cov- enant , but not later than three ( 3) years from the date of such deed , as provided in Section 81:-U , Chapter 41 , M . C , L . 3. That this covenant shall be' ,exec.uted before endorsement of approval of the definitive plan by th'e ,.P1 a►ini ng ; B.oa.rd,. °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 '�'J., �/, k } `' r> the Planning Board shall ,rel;ease this covenant y an appropriate instrument ,' duly', acknowledc�ed . Failure to complete con- struction 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 . Clothing 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 I . G . L . , Chapter 41 , Section 91-li , as Bong, as . such security is sufficient in the opinion of the Planning Board to secure performance of the con- struction and installation . ( Pane 2 of 3 ) For title to the property , seq deed from Brving E. Gennet, Trustee , dated Jul 1 1982, recorded i n , Y_ _ � }�asex Unri-11 Registry 0 fi Deeds , Book 15go Page 318 or registered in Land Registry as Document No . and noted on certificate of title No . in Registration Boo- - Page The .present holder of a mortgage upon the property is Andover SAvirt s Bank of Andover , Massachusetts T e mortgage is datea and recorded in North Essex _ Registry of Deeds , Boo 1-645 , Page 191 , or registered in Land kegistry as Document No . , and noted on certificate of title No . in Registration Book , Page The mortgagee agrees toted the mortgage subject to tFie 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 necess - ary releases all rights of tenancy by the dower or homestead and other interests therein . IN WITNESS 141-IEREOF we have hereunto set our hands and seals this loth of September 19 84 . .114 Associates Realty Trust Rv Robert E . Webster, Trustee Benjamin C . Osgood, T rusteE '. Acceptance by a Majority of the. Planning Board of I I a I - • ( Page 3 of '3) 1 EX190f; OLHASE XRON ALL XRK BY THESE 'PROSSHT8 than WHEREAS by a certain covenant in writing by and between 114 ASSOCIATES REALTY TRUST, having its usual place Of business in Andover, Essex County, Ma80aahueett1S, and the Town of North Andover,t dated September 10, 1904 and recorded in Essex North County Registry of Deeds in Rook 1890, Page 82, the said 114 Associ•atea Realty Trust was required to construct such ways and install such municipal services as are required by the rules and regulations duly adopted by the Planning Hoard for said 'Sown of North Andover before any of the lots shown on a plan of lots recorded in said Registry of Deede a8 Plan 9.65,0 ,and were to be built upon or conveyed, all in ' accordance with Clause Two (2), Chapter 41, Section 61U, of the General Laws of Massachusetts, and WHRRBAB 114 ASSOCIATES REALTY TRUST has posted a bond with said Town u.nderwritte. by Lumbermena Mutual Casualty Company ' assuring compliance in All respects with said Clause, WOW THRRRPORE the said Town of North Andover, by a %Rjority of the members of its planning Board, acting on its behalf, hereby RELEASE said 114 'Associates Realty Trust from the Conditions of the said covenant. IN' WITNESS WHEREOF said Town of .North Andover by a majority of the members of it$ Planning Board has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered on this 26th day of November, 1904. NTOWN�OF NOR ANAO'VEF 1 ! 1A .�... COMMONWEALTH OP MASSACHUSETTS Essex, BB December 13, 1984 Then personally appeared John A. James, Jr., one of the above named members of the Planning Board of North Andover, Massachusetts, the Applicant, and the Authorized Representative of the Surety,• and acknowledged the foregoing instrument be the free 'act and deed of said parties before me. Notary u 1 My comm. expi 6/27/91- Recorded Deo.18,1984 at 1t49PM #24405 ` ' . i S.o . .. iEi6 - We, Robert E. Webster and Bet-Jarda p. Osgood, T►tAsbeee of 114 Associates Realty Tt11st urx3ar Declaration of Trust dated Deoesrber 10, 1981, bred recordeef with Essen North District Rsgietry of Deeds, at Book 1551, Page 312. Of Andover, Essex County,wan"huett., ' In COWde?Won of Tv*,.asydred FMU*A QE'1'ftaa U=ldl Five Ha1YIred Nifty-SOv+en and n0/100 ($214,557.00) Dollars . great to Atlea of DelAware, Dw. ' j•'' �' ofWillow loot 4 Street Bktwaasion, Nmt♦1 Andover, Naas., with a�uttrtatxt rarnrtt�t� A certaiin parcel of land situated in North Andover, Ratses County, Massachusetts, shown an Lot 4 on a Platt of Land entitled, "north- 'Andover Business Park* North Andover, !lass.; Definitive Subdivision Plan, H.W. Moore Associates, Inc., Bngineera and Plannerb, •Boston, Mass.,. Date 3-23-84.�• which plan is recorded with Essex Borth District Registry of Deeds as Plan No. 9650, which said Lot.4,is.bounded and described as follows: NORTHEASTERLY by -Willow Street Extension, Three Hundred Forty-Five and 00/100 (345.00) feet) NORTHEASTERLY by a carve at the interseaftion of Willow street' -.Extension and Road "A" Thirty-'Nine and 27/100 (39.27) feet$ : . NORTHWESTERLY by Road '"A" Two Hundred Ninety-Eight and 51/100 (298.51) feet$ i SOUTHWESTBRLY by Lot '3 Three' Hundred Seventy and 00/100 (370.00)• feet; , OOUTHZA5TPRL4 by-Lot 5-Three Hundred Twenty-Three and 51/100 .� (323.51) feet All a$ shown on said plan and containing 119,564 square feet,. 2.745 acres, aqcoiding to said plan. There to 'also. coriveyed'herewith the right to use said,Willow Street, -Willow Street Extension, and Road "A", and any future • 3 r r ti ways which may'be.construeted by the Grantors or their successors in title in•the'land' shown on said plan as the refraining land., in common With- ai� 'others legally entitled thereto for such purposes ' as ways are•caimmonly used in the Town.of North Andover, reserving however, title-'fea in said Willow Street. Extension'a�nd Road "A" for the purpose-of. conveyance to the Town of North Andover for acceptance q's ''a.public way. Being a portion of 'the premises granted to the Grantors by Dead of Irving'E. Gannet, Trustee in Bankruptcy of vincent J. Marino 'and CArinela R. Marino, dated July 1, 1982, and recorded with said Registry, Book 1590, Page 318. See also Deeds from James A. Taylor and Barbara B. Taylor recorded in said Registry in Book 1723, Page'106 and Book 1746, Page 329, ; The aforesa14 land is conveyed subject to the followings an easement to New England Telephone and 'telegraph for underground electrical cables 'in Willow Street recorded in "aid Registry An Book 1770, Pa a3 345$. and Revised Order of Conditions, recorded c with said RegNtry, Book 1736, Page 34. ' ,•��•e..�.i.,wxe..•.,.rwv,..•w.., -.,.i„ n.,.... , i...,..a..-., s ti a x.. ,�.. ....: .x. n,w.u... �w.,_w�.w.wm..eva,.....niw, � .• '� i T �`M► _ .ii.r,�� tkr•. •(.�. tq n l�.I I , ' �. 74 > xeautAd 1<e g anted lrratrumont'this Z �r'Rg. bruaryterl T voteeEW- L r Essex al. Iebruary "7 a"',10 65 'Then personally appeared the above named Robert E. Webster and Berrjwdri 0. Osgood, TAwtees as aforesaid and acknowledged the foregoing 113drument to be their a0 and , fiefara me,' Nof"PAW ' '. '. 14�y Cntnrulssion expires a++�R ( ,,. yg'{o ,•� Recorded Feb.20,X9�5 eat 10$550 #314�J aaw4'r+...a."r,..w...v.,�.....+ve.+n..'wK.+w.r�'n.n+�sn!+!1r+�+F+fsnL.t•r• • '