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Home My WebLink About1976-08-02 Legal Documents DEF SUB Oeptember 14, 1976 Arnold H. Ha yury, 2 q, North fmd( or s01 316 Essex Meet Lawronoo, Ma. Dear Arnolk hholosed pleaso fj nd I ( s of and Mortgage Bon covering Votild e(,iato your comi-iiento the %iURI-I'Ll, SUBDIVISION and/or recommendations regexaing these 4 onto for September 20th Making, Thu,fflv, yoi.i for your 000peration this m Thry truly Yo truly YO PLANNING BOAR (I B01 I, Fritz 0)r Chairman i f } RESTRICTIVE COVENANTS This instrument is intended as a resirictive covenant on certain land owned by Landsail , Inc. , a Massachusetts Corporation having a usual place of business in Boston, and shown as Lots 1®S Turtle Lane on a definitive plan entitled , "Turtle Hill , Definitive Subdivision Plan of land located in North Andover , MA , owned by Robert 9. and Marion E. Maurer " dated June 2 , 1976, and recorded in the North Essex Registry of Deeds as Flan No. , application filed 21 June , 76 hearing held 2 August 1976 , Plan approved 16 August 1976, undor the Subdivision Control Law as a subdivision by the North Andover Planning Board subject to the following cpndition5: 1 . That the record owners of the subject land forthwith execute and record a covenant running with the land or otherwise provide security for the construction of ways and the installation of municipal services building within said subdivision. 2. All improvements and design standards shall meet the xegvirements of the rules and regulations governing the subdivision of land in •the Town of North Andover in effect on the signing of said plan. 3. Each lot shall requi,xe .individual disposal system CORISH $VINCENT 421 HIGHLAND AVE, I :OMERVILM MASS. 02144 permits subject to the Board of Health Rules and Regulations of 1974. TCk,JN OF NORTH ANDOVER Signed PLANNING BOARD Chairman COMMONWEALTH OF MASSACHUSi_�'TTS Essex, Ss . 1976 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 Public My commission expires :10III, The above restrictions are accepted as applying to Lots 1-8 inclusive shown on the above-referenced Plan No. LANDSA IL, INC. BNecutive wice Prey1dont COMMONWEALTH OF MASSACHUSETTS 9ssex, ss . 1976 Then pexsonally appeared John C. Tuttle , Jx . ; Executive Vice President , and acknowledged the foregoing to be the free act and deed of Landsail , Inc. , before me , Notary Public My commission expires : q 1101A CORISH & VINCENT 421 HIGHLAND AVE, MLRVILLE, MASS. 02t44 -2- R SUTA SE j The North Andover Planning Board hereby releases Lots 3 1-8 Turtle Lane inclusive from restrictions l and 2 , as shown on the definitive plan entitled , 11Turtle Hill , Definitive Subdivision Plan of Land Located in North Andover , Mass . , owned by Robert E: and Marion S. Maurer " dated June 2 , 1976 , and recorded in the Essex North District Registry of Deeds as Plan No. 7V6, and outlined in the Restrictive Covenant Agreement of even date recorccd herewith. Restriction 3 regarding said Lots 1 -8 inclusive will remain in effect . TOWN OF NORTH ANDOVER PLANNING BOARD Signed By C1)a i r ITIa ry P COMMONIdEAI;XH OF I,LASSACHUSFUTS Essex, ss . /i�'': �u y�_ 1970 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 Public CORISH & VINCENT A21 HIGHLAND AVE. My commissiran exl-)-LZes OMERV[LLE. MASS. 02144 1'e-0 5 . K .0 1e. 1 A Ica SUBDIVISION CONTROL AGREE,M'_NT SECURING THE CONSTPUCTION Or 'MS AND MUNICIPAL Si;RVICi;S Agreement • made this tenth day of September, 1976 , by and between Land Sail , Inc . , her0i-naftex referred to as the "Applicant " ; Andover Savings Banc, hereinafter referred to as the "Lender"; and the Town of North Andover , acting through its Planning Soard , hereinafter referred to as the "Board" , viz : 1.!hereas , pursuant to the provisions of the Massachusetts Subdivision control Law and the Board ' s Rules and Regulations .1op-ted thereunder , the Poird has approved a de fini-five elan "Tuz•tle Hill , Definitive Subdivision Man of L;.end located in North Andover , 3�7A , owned by Robert E. and Mrir ion E. Maurer " , dated June 21 1976 , and )recorded in the North %sse> Registry of Deeds as Plan No. The Applicant and the Board have agreed upon conditions of approval , which conditions have been inscribed on said Plan No. recorclod in said Registry of Deeds , whi.), cr)11dit Ions are as follows : 1 . That 'the record owners of the subject land forthwith execute and record a covenant r'ullnirig with the 1;1nd or Otherwise provide security fox the construction of Nays and the installation of municipal cervices building within said suhdivis ion. CORISH & VINCENT 421 HIGHLAND AVE. o`r.ERVILLF. MAM 02144 2 . All improvements and design standards shall meet the requirements of the rules and regulations governing the subdivision of land in the Town of North Andover in effect on the signing of these plans . 3. Each lot shall require individual disposal system permits subject to the Board of Health Rules and Regulations of 1974. whereas , the Applicant has granted to the Lender a Mortgage dated 9 September , 1976 , recorded in said Deeds in Book /2JS , Page jV covering Lots 1-8 inclusive as shown on said plan as security for the payment of a certain note in the principal sum of 81 , 600.00; and $400 . 00 cash held by Lender. Wberoas ,"' the Lender has withheld $42, 000. 00 of said principal sum to be disbursed to the Applicant as and when municipal services shall have been installed and ways constructed pursuant to said plan, said Rules and Regulations , and Restriction Agreement . avow, therefore , it is understood and agreed that the Lender shall retain the sum of $42 , 000.00 deemed by the Board to be sufficient , releasing only such .funds from time to time as approved by a vote of the Boaxd as The municipal. services and ways shall be deemed to have been completed or partially completed in accordance with its applicable rules and regulations : CORISH & VINCENT 421 HIGHLAND AVE. ._2- VME"ILLE. bUST 0"44 1 } SeAv.icez and Way-6 Arnoccnta Road Const)ukcti.on $32,000.00 Accotcdi.ng to Highway aepa4trnent Regutati.onb wateA Comptete $101000.00 $42,000.00 1t iz a so undeutood that Sunda boa .the above avwicea and ways ane to be advanced by the AndoveA Savings Bank. only .t1vtough written authmization o6 .the North. AndoveA Ptanning BoaAd. It is 6u1r theme. undura.tood and agAeed that att 06 the above 6e tvice4 and wcujz 4ha t be comp.2eted no Late& then 25 SeptembeA 1977, unZeab Elie date be extended by w&itten cunendment by muttuat ag1ceemenJt o6 .the pairtc.ea .theaeto. In the event .the wo&k .ia not compte ted within .the time bet 6o&th on as extended, acid Sunda a.a Aetai.ned by the Zende4 Aha t be made avai.Cabte to E .the BoaAd bon compte Lion o6 ,the woAh, and the Appti.can.t shaU be deemed to have au tholU z ed V e. Aeteaa e o6 z aid 6und6 6oA said puApo4 e, and .to have Aeti.ngw,zhed att ctcum to zaid 6und6. The obti.ga;tionz o6 .the paiWu heaeundeA aAe to be construed consistent with the suhdivision control law, and no rights granted thereunder are waived. Executed as a sealed agreement on the date first abode i written. .Town of North Andover Planning Board 2c, Chair man acting for the Town of North Andover . Andover Savings Bank LL'/T,21 ` 1 Applicant Landsait IncBy ! Executive Vice Pr esIdent CMTH & Y NCNT 421 HIGHLAND AVE. sOMERVfLLE, MASS, 02144 II E -4- COMVIONWE7ALTH OF MASSACHUSzrTS Essex, ss . si TA 1976 Then personally appeared John C, Tuttle, Jr . , Executive Vice President , and acknowledged the foregoing insttument to be the free act and dead of Landsail , Inc , , before me , Notary Public 1 My commi s s ion expires : `-3 U. 1-1 ' ' COMMONkVF,ALTH OF MASSACHUSIrTS Essex, ss . :� " �? 7• C 1976 Then personally appeared and acknowledged the foregoing instrument to be the free act and dead of the North Andover Planning Board , before me, •r l .. Z�'_ Notary Public 77 My commission e x I res : Nx6 COK,401WRALTH OF I,LASSACHUSj-3fTS Essex, ss . 1976 Then personally appeared and acknowledged the foxegoing 'instrument to the free act and deed of Andover Savings Bank, before me, Notary Public� �� My commission expires : CONSH & VINCENT 421 JUGHLAND AVE, somERVILLE, MASS. 02144 � y FORM D DP,' CTW1IR° S 0.'RTIPICATE June 21 To The Planning Board of the Town of North Andover ; In preparing the plan entitled 'Turtle Hill ______ -- I hereby certify that the above named plan and accompanying data is true and correct to the accuracy required by the current Rules and Regu].C;iInn.s 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 Farr -- to— Maurer _ dated and recorded in the North Essex Registry -in Book�__L23_4 �. page 4_._• 2, Other plans , as follows_ NERDPlan 3 . Oral information Furnished 4 . Actual measurement on the ground from a starting point established by,_ NERD 6606 a. Other sources— Si.o'n e d (Registered P-z-ofessional Engineer (Seal of ,, gineer or Registered Land Surveyor) A irveyor)r� 1fi6 Gl 1 RA IC FRANK Ad d re 3 s 1' L A5 ' MAS v, G r - t. �5"vvy'vy"dvJ� V�1+'aU.fVd•�< ... . 6-c- PILL" �. vy i uR 3 -T I � s i LL {. I F i �40 Sc Aul-�; —