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Home My WebLink About1980-08-19 Restrictive Covenants DEF SUB �J?61ec(.d' d(ldcnal c a J,6 C. 170 Great. Pond Road North Andover, Massachusetts 01845 Telephone (617) 682-2792 John C. Tuttle November, 24, 1980 ','forth Andover Planning Board Town Hall 1sorth Andover, 1asuachusetts 01845 Re t La' e_side..,Sul division Bond Rpl�ase_ (,,Restrictive C000v�,,. enants lcy midge Dear Mr, Chairman: Iipoly place the above matters on the adgenda for the Becereber 1, 1980 meeting. Thank you. Very tr yours, ..-L.-� John C. TVttle JCT;Imt I A RAISE �Pho 90JI 'h -A-adove-r Plawli-qS Board hereby relennes Wto ]JAI P2, 23, 24, 25, 26, 27, 28 and 29 Po Rd "A" from rontpivKon" I "ad ps as Hbown on the definiblve plan entitled, "DOMAl )re Plou of Mad 'Rooky Ridge' Located in Mbrtb Axldovcn�--, dated Kne 19, 1980, Frank G. Gelinan Associatos, aad reoopRed _Rl.,�,a No. "I, in �;bo jTw,-,1.,b Asex ReE03LI,y of De(�ds Li's outlined in Mo ReAdotivo CownaM Anvonwanb of MOD WO 11 i pod ITOWING BOXRF?D COMM MOM QOH OW MASSAMUSMS Wyn QS. 1p ojo All Ube rnco,jog WoOnwaub to be tho ww me , nDd deed j Town nC MwUh Mover. OXMH & VNCMT 4�.l HCHLAND AVE. MASS,02144 Sj Onod TUVIDT OF WORTH ANDMT.IR, YYA-KfffRG 130ATM ChaWST, C011 P'10.!"l u-l�"A'(,I Iff (�111 TWO- rim U%va jwwa pal ly vvywyO More W Muowledgud the to be the free nA uml deed UP tDo 1100ving noult , Town OF Nol-13.7 _/Lr!(1.o'v'(1f', IQ- commission exphres: The above repwrintions are a=—Cepted aq applyNg to LoLs RA2 221 232 24, 25, 26, 27, 28 aiv). 29 Poad "A" , showy on the obovo—In Feveuced El on. No ., T'M ,lil Gil. (7 h J, op A It' 0'Y 1.980 The-).). jx.-: ,onwlly VIT00red John T Tutble, Jr. , EXOMMve Vice Yvesident, anO acht"m0ducM the forygoing to be tb" Me ack PC deed of Thyve ChorkMw Wporablong bvToju me , A I, comminSon expires: My COM nIissiun (-"Xr)ireS7' ry Mardi 21, 1986 YU! & MUNI PI(AiLAW, AVI MA',:;.0214 1 r SUBDIVISION CONTROL AGREEMENT SECURING THE CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES Agreement made this 3rd day ofber , 1980, 1;'I and between Three Chestnuts Corporation, hereinafter referred to as the "Applicant" ; Andover. Savings Bank, hereinafter referred to as the "Lender" ; and the Town of North Andover, acting through its lanning Board, hereinafter referred to as the "Board' , viz: WHEREAS, pursuant to the provisions of the Massachusetts Subdivision Control Maw and the Board' s Rules and Regulations adopted -thereund.er $ the Board has approved a definitive plan entitled, "Definitive flan of Land 'Rocky Ridge' located in North Andover, Masso husetts" dated Jime 19, 1980, Frank C. Gel.inas and Associates, and recorded in the North E ssex Regis t,py of Deeds as Plan No. The Applicant and the Board have agreed upon oondi.ti ons of approval, which conditions have bean i nsori.bed on said Fl as No. recorded 7.n said Registry of Deeds, which conditions are as follows: 1. That the record owners of the subject land forthwith execute and record a covenant ruming with the land or other- wise provide security for the construction of ways and the installation of m7.mieipal services within said subdivision. 2. All improvements and design standards shall meet the reggirem.ents of the rules and regulations governing the CORISH & VINCENT 421 HIGHLAND AVE. y SOMER`lILLE,MASS.02144 S � l I .subdivision of Land in the Town of Narth kndover in effect on the signing of these plans. MUM, the Applicant has granted to the Lender a ortgage dated , 1980, recorded in said Duds in ook , Page , covering Lots 11A, 22, 23, 24, �5$ 61 27, 28 and 29 Road "A" , North Andover, Essex County, lassachusetts, as shown on said plan as security for the 3aymen.t of a certain note in the principal sum of $6 98L500.00 ; WHEREAS, the Mender has withheld 1..2 1500,oo of said >rinaa�pal sum to be disbursed to the Applicant as and when muni.c- .pal services shall have been. installed and ways constructed �upsuant to said plea., said Rules and Regulations, and Reotri.c- ;.i.on Agreement. NOW, THEREFORE, it is understood and agreed that the ender shall retain the sui of $ 98,500.00 deemed by the Board to be sufficient, releasinS only such funds from 0M0 to time is approved by a vote of the :hoard as the nii- icipa-: services End wry;� shall be deemed to have been completed or partially ;ompleted in accordance with its applicable Men and regulations: Services and Wa s Amorua.ts: I Qom station o to o,Z $; Road Construction according to Highway Gpart,men.t Regulations $t. 60,00o.o0 later and Sewer Complete R,3Q i 500,00 T0'fATI1 98,5 .00 -2- CORISH & VINCENT 421 HIGHLAND AVE. SOMERVILLE,MASS.02144 r i It is also understood that funds .for. W abave servi oes d ways are to be advanced by the Andover Savings Bank only Through written autbori zati.on of the North Andover Planning Board. it :is further understood and agreed that the binder coat shall be applied no later than November 1, 1981 , and that all of the above services and ways shall be completed no later than 9u st 1 1 82 ,unless the date be extended by vni,tten amendment y mutual agreement of the parties thereto. In the event the work is not completed within the time et forth or as extended, said :funds as retained by the Lender hall be made available to the Board for completion of the work, d the- Applicant shall be deemed to have authorized the release f said funds for said purpose, and to have relinquA sT)ed all olai.m to said funds. The obligations of the parties hereunder are to be sanst:rued consistent with the subdivision control laws and. no ,fights granted thereunder are waived. Executed as a sealea agreement on the date first rst above itten. TOWN Or NORTH ARPOVER I ANNUITNG BOARD air n n __...� acting for the Town of North Andover. ANDOVER SAVINGI BANK B4Lh; ��/�UJ G' '�✓J f CORISH & VINCENT "' m W WnARD AVE, L SOMERVILLE,MASS,02144 f Appli cant TIC C E TWITS COR RATION By. ecu eve Vice 'Fiside t CO11MON[rFr ALTH OF MASSACHUSETTS 3ssex, ss. No 1.980 Then personally appeared John C. Tuttle , Jr. , Executive Tice President, and. acknowledged the foregoing instrument to be ,he free act and deed of Three Chestnuts Corporation. Not ar U 3,c My commis scion exj,')jyyedmmisslon Expires March 21, 1986 COM IONWEALTH OF nA.SS.ACHUS.ETTS �Issex, sls, 1980 Then por:1onally appeared rnd ac:I�z-iow .edged the foregoing inst):gznient to be the ..ee act crud feed of the North Andover Pliuui ng Board, before me, a ary a lie My commLosi n expires COPITIOM%TEALTH OF MASSACHUSETTS 3s sex, s s. "I��c. , 1980 Then personally appeared Richard H. Mower and ackxiowledge the foregoing instrument to be the free act and 3.eed of Andover Savings Bank, before me, o aacy z c N' coimission expires: 7)1�j ®4— CORISH & VINCENT 421 HIGHLAND AVE. SOWRVILLE,MASS.02144 ................................. ........... ................ zz RESTRICTIVE COVENANTS This instrument is intended as a restrictive ve covenant on certain land owned by Three Chestnuts Corporation, a Massachusetts corporation having a usual place of business in North Andover, and shown as Lots 11A, 22, 23, 24, 25, 26, 27, 28, and 29 Road "A" , North Andover, Essex County, Massaebisetts, on a definitive plan entitled, "Definitive Plan of Land 'Ro(AV Ridge I Located in North Andover , Massachusetts" dated June 19, 1980, Frank C. Gels nas Associates, to be rocorded in the North Essex Registry of Deeds as Plan No. , application filed. June 24, 1980 t , hearing held, t 4 - 19 80, Plan approvedd ut�ust 18, :1980____, under the Subdivision Control Law as a subdivision by the North Andover Plans%I; Board. subject to the following conditions: 1. That t1;.e record owners of the subject hand forthwith execute and record a covcnanh running with the land or otherwise provide security for the construction of ways and the :i.nstal.lation of municipal services building within said subdivision. 2. All improvements and design standards shall meet the regy rements of the rules and regulations Governing the subdivision of land in the Town of North Andover in effect .on the signing of said plan. CORISH & VINCENT 4ZI HIGHLAND AVE. 1 SOMERVILLE,MASS.02144 Signed TOWN OF .NORTH ANDOVTM PUAN , NG BOARD By airman COMMONIF3ALTH OF t``NSSACHUSFTTS Essex, ss. , 1.980 Then personally appeared before me and acknowledged the foregoing instrument to be the free act and deed of the Planning Board, Town of North Andover. Notary Pu lie Nay comni.scion expires: The above restrictions are accepted as applying to Lots 1.1.A, 22, 23, 24, 25, 26, 27, 28 and 29 P,.ead "A" , shown on the above-referenced Plan No. THREE CI STMYTS ORl'ORA TON B r �✓t� y < ecu , ve 71ce 'res ent COMOWEA_LTH Or MASSACHUSETT,S Essex, ss. , 1980 Then personally appeared John C. Tat*le, Jr. , .lkecutive Vase President, and acIaiowledged the foregoing to be the free act and deed of Three Chestnuts Corporation9 before me, 4ot ary �_c My commission expires: My Commission C:xpires, March 21, 1986 CORISH & VINCENT A21 HIGHLAND AVE. SOMERVILLE,MASS.02144