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Home My WebLink About1985-08-19 Legal Documents DEF SUB We,ERCOLE L.SIDERI,JR,,DAVID SIDERI,STEPHEN SIDERI and RRIC W.SIDERl, all of Norih Andover, in consideration of One ($1.00) Dollar �l grants to THE INHABITANTS OF THE TOWN OF NORTH ANDOVER, of Main Street, North Andover, Essex Counly,Massaclumselts 01845 with Rultclairrt cave►tauts The fee in the road known as Anne Road as laid out and shown on a Plan of Land entitled, "Definitive Subdivision Platt of Land - Sideri Place -North Andover, Mass„ Owner: Albert F. and Gloria E.Knuepfer,370 Salem Street,North Andover,MA 01845,Applicant:Paisano Realty Trust -Eric L. Sideri,Trs„436 South Union Street, Lawrence,MA 01843,Scale 1"=40',Date: N May 29, 1985, Engineer: Richard F. Kaminski and Assoc., Inc., 200 Sutton Street, North N Andover, Mass. 01845", and recorded in North Essex District Registry of Deeds as Plan No. 10128, The said road is more particularly bounded and described as follows: Beginning at a bound in the Easterly side of Salem Street, Thence running 40,94 feet in an arc with a radios of 25.00 feet to a bound, Thence ruining N 70' 33'41"E, 76,89 feet to a bound; Thence ntnning 108.45 feet in an are with a radius of 250 feet to a bound; :a:: Thence running S 84' 35'03"E 120.35 feet to a bound, Thence running 27.40 feet in an arc wilh a radius of 30 feet to a bound; co Lr Thence running 298.10 feel in an are with a radius of 60 feet to a bound; c7-s cr, Thence running 27.40 feet in an arc with a radius of 30 feet to a bound; Thence mmning N 84' 35'03"W, 120.35 feet to a bound; Thence running 86,76 feet in art are wills a radius of 200 feet to a bound; Thence ntnning S 70* 33'41"W,76.89 feet to a bound; Thence ntnning 40.94 feet in an are with a radius of 25 feet to a bound; Thence mmning along Salem Street 103.41 feet in an are with a radius of 775.00 feet to the point of beginning. Containing 28,412 square feet, more or less, All as shown on said Plan. For our title, see Deeds at Book 3597, Page 193 and Book 3218, Pages 75,76, 77 and 78 and Book 2395,Page 69, In WitneNs Whereof lute said RRCOLR L. SIDERI,JR.,DAVID SIDERI, STEPHEN SIDERI acid RRIC W. SIDE111. has cat sed these presents to be executed in its name and on its behalf, this---'%PtA day of e _ t�1 (��______—, 1996 Signed and sealed in pre�Fnce of E COLE L, S ERI, JR. -------------------—------------- ----------—�� DA STEP�IEN SIDERI ---------—----------------------- - -a----—----------- ERIC :A/SSACHUSETTS , S RI COMMONWEALTH OF Essex,ss. � _ � 1996 Then personally appeared the above-named ERCOLE L. SIDERI, JR.,DAVID SIDERI, STEPHEN SIDERI AND ERIC W. SIDERI, ylalcknoledged the foregoing instrument to be their free act and deed before me. �N &,pire,.i ric J. Scalise Mion 2/20/98 EASEMENT 1, STEVEN E. KNUEPFER and KAREN A. KNUEPFER, of North Andover, in consideration of One ($1.00) Dollar grants to STEPHEN SIDERI, of 29 Anne Road, North Andover, with Quitclaim Covenants, ^ The right and easement to maintain a 20' drainage easement from land now or formerly of Prakash to Anne Road, on, over, across and under land as now laid out and shown as Lot: 4 on a plan entitled, "Definitive Subdivision flan of Land - Sider€ Place - North Andover, Mass., W Owner: Albert F. and Gloria E. Knuepfer, 370 Salem Street, North Andover, MA 01845, Q Applicant: Paisano Realty Trust - Eric L. Sideri, Trs., 436 South Union Street, Lawrence, MA aJ 01843, Scale 1" = 40', Date: May 29, 1985, Engineer: Richard F. Kaminski and Assoc., Inc., 200 Sutton Street, North Andover, Mass. 01845", and recorded in North Essex District Registry of Deeds as Plan No. 10158. For our title, see Deed at Essex North District Registry of Deeds Book 2471, Page 114. The above granted right shall include but not be limited to the right to enter upon said land and lay, construct, reconstruct, maintain, replace and remove pipes, manholes, drains and all other appurtenances necessary to operate and maintain the said drainage easement. t f- 1'n Witness Whereof the said STEVEN E. KNUEPFER AND KAREN A. KNUEPTER oc have caused these presents to be executed in their name and on their behalf, this _-_1 '' —_ w day of____ 1>e-e�- ----, 1995. ..*.. e sea n presence of S W TN BOTH T N E.�1NUEP - -- K REN A. KNUE ER COMMONWEALTH OF MASSACHUSETTS Essex, ss. March 18 1996 1996 Then personally appeared the above-na-med SYEVEN E. FER SKUKOUUM and acknowledged the foregoinrvyCommission ent to be act d.deed before me. blic DOMENIC J. SCALISE Expires: 2/20/` 8 J COMMONWEALTH OF MASSACHUSETTS Essex, ss. March 28, 1996 Then personally appeared the above-named KAREN A. KNUEPFER and acknowledged the foregoing instrument to be her free act and deed befor e. omenic J. Sc ' e, Notary Public My Commission Expires: 2/20/98 V EASEMENT I, STEPHEN SIDERI, of North Andover, in consideration of One ($1.00) Dollar grants to STEVEN E. KNUEPFER and KAREN A. KNUEPFER of 370 Salem. Street, North Andover, with Quitclaim Covenants, 1 The right and easement to maintain a 20' drainage easement from land now or formerly of Prakash to Anne Road, on, over, across and under land as now laid out and shown as Lot 3 on a plan entitled, "Definitive Subdivision Plan of Land - Sideri Place - North Andover, Mass., Owner: Albert F. and Gloria E. Knuepfer, 370 Salem Street, North Andover, MA 01845, Applicant: Paisano Realty Trust - Eric L. Sideri, Trs., 436 South Union Street, Lawrence, MA 01843, Scale 1" = 40', Date: May 29, 1985, Engineer: Richard F. Kaminski and Assoc., Inc., 200 ,,; Sutton Street, North Andover, Mass. 01845", and recorded in North Essex District Registry of 4 Deeds as Plan No, 10159. For my title, see Deeds at Essex North District Registry of Deeds Book 3578, Page 185 and Book 3500, Page 68. The above granted right shall include but not be limited to the right to enter upon said land and lay, construct, reconstruct, maintain, replace and remove pipes, manholes, drains and all other appurtenances necessary to operate and maintain the said drainage easement. In Witness Whereof the said STEPHEN SIDERI has caused these presents to be executed in his name and on his behalf, this — ��`� day of _ MCA----------, 1996. 00 Si d sealed in ce of STEP EN SIDERI COMMONWEALTH OF MASSACHUSETTyyS UGC �L � Essex ss. 0( _�__...._ __, 1996 Then personally appeared the above-named STEPHEN SIDERI and acknowledged the foregoing instrument to be his free act and Vbfome. - -- ------ --------- tary Public dZMENIC J. SCALISE My Commission Expires: 2/20/98 k RESTRICTIVE COVENANT We, ERCOLE L. SIDERI, JR., DAVID SIDERI, STEPHEN SIDERI and ERIC W. SIDERI, all of North Andover, Essex County, Massachusetts, pursuant to Condition of Approval endorsed on Essex North District Registry of Deeds Plan No. 10158 and the covenant dated g y November 16, 1985 and recorded in Essex North District Registry of Deeds, Book 2116, Page 1, in consideration of the approval of said plan, agree to restrict the use of the narrow strips of land comprising part of Lots 1 and 3 which are adjacent to Anne Road to that of a "No Access Buffer Strip" which shall not be used for any further lot development of Anne Road. All as shown on a plan of land entitled, "Definitive Subdivision Plan of Land - Sideri Place -North Andover, Mass., Owner: Albert F. and Gloria E. Knuepfer, 370 Salem Street,North G.: Andover, MA 01845, Applicant: Paisano Realty Trust - Eric L. Sideri, Trs., 436 South Union ��„ Street,Lawrence,MA 01843, Scale 1" = 40', Date: May 29, 1985, Engineer: Richard F. Kaminski and Assoc., Inc., 200 Sutton Street, North Andover, Mass. 01845", as recorded as Plan No. 10158. For our title, see Deeds at Book 3597, Page 193, Book 3218, Pages 75, 76, 77, and 78 and Book 2395, Page 69. In Wthtess Whereof the said ERCOLE L. SIDERI, JR., DAVID SIDERI, STEPHEN SIDERI and ERIC W. SIDERI. has caused these presents to be executed in its name and on = its behalf, this __gZh day of 2� 1996 Signed and sealed in presence of ce - - ------------- ----------- - ______ _ RC LE L. - - crs _ -- _ - --- E S E � ------- ------------------------ -------- ---------------------- ERIC W. S ERI COMMONWEALTH OF MASSACHUSETTS/ Essex, ss. _ / �( 1996 Then personally appeared the above-named ERCOLE L. SIDERI, JR., DAVID SIDERI, STEPHEN SIDERI AND ERIC W. SIDERI, and acknowledged the foregoing instrument to be their free act and deed before me. N aty Public Xmenic J. Scalise My Commission Expires: 2/20/98 I FITZGIBBONS, SLIPP Sc HOMSEY ATTORNEYS AT LAW 316 ESSEX STREET JOSEPH FITZCaIBBO(�3S LAWRENCE, MA55ACHU5ETTS 01640 TELEPHONE PETER T.SL€PP (617)68€•0656 KENNETH M.HOMSEY CHARLES f.PERRAULT (ADMITTED MASS,a N.H.) February 17, 1987 i Planning Board Town of North Andover 120 Main Street North Andover, MA 01845 Attention: Ms. Tricia Wrenn Dear Ms. Wrenn: Enclosed for your scrutiny please find the proposed covenant covering "Sideri Place", Anne Road, North Andover, Massachusetts. In the event that you feel further modification of the same is necessary, kindly contact our office. Very truly yours, FM.GI -BONS, SLIPP,, HOMSEY Charles F. PE r-t a ( CFP/ld Enclosure i I'ITZGIBBONS, SLIPP eSie HOMSPY ATTORNEYS AT LAW 316 ESSEX STREET JosEPtt F)rzclasalvs LAWRENCE, MASSACHUSETTS 01640 TELEPHONE PETER T.SLIPP (617)661-0666 KENNETH M.HOMSEY CHARL£SF.PERRAULT IAOM€TTED MASS.,NH a ME) AMYJ.DONAHUE April 23 , 1987 Planning Board Town of North Andover 120 Main Street North Andover, MA 01845 Attention: Ms. Tricia Wrenn Re: Sideri Place Subdivision Dear Ms. Wrenn: Would you be so kind as to provide our office with an indication of the Planning Board' s feelings concerning the covenant submitted for review on February 17 , 1987 . Thank you for your cooperation in this regard. Very truly yours, FIG.I BONS, SLIPP & HOMSEY Charles F. P,. rrault CFP/dm i a` w � 1 FITZGIBBONS, SLIPP tic HOMSEy ATTORNEYS AT LAW i 316 ESSEX STREET JOSEPH FITZGIBBONS LAWRENCE, MASSACHUSETTS 01840 TELEPHONE PETER T.SLIPP (6(7)681.0666 . KENNETH M.HOMSEY CHARLES F.PERRAULT 1AoMITTE0 MASS.,NH a ME) AMY J.DONAHUE i i May 26, 1987 Planning Board Town of North Andover 120 Main Street North Andover, MA 01845 Attention: Ms-. Trcia _Wrenn �_ ri Place Subdivision Re: d e Covenant Dear Ms. Wrenn: Would you kindly advise as to the status of the above matter. If the Town Counsel and Planning Board have already reviewed and approved the covenant, would you please forward it to our office for recording. Very truly yours , FITZG�BBONS, SLIPP,; HOMSEY (Charles F. Peps auEl�rr f CFP/dm FORM COVENANT November 19 85 kV/Town North Andover P7assacYiusetts KNOW ALL MEN by these presents that the undersigned has submitted' an application dated May 29, 1985 to the North Andover Planning Board for - approval of a definitive plan of a subdivision of land entitled : Sideri Place plan by:R.Y . Kaminski & Assoc Iidj3.ted May 29, 1985 and owned by: address- land located: Salem Street and showing four (4) 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 without requiring a performancO bond, the undersigned hereby covenants and agrees with 'the inhabitants of the Town of North And ver as follows 1. That the undersigned is the ownerX in fee simple absolute of all the land 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-here-4s-mo-re_than-.a�-owner,--a1,1--mu8h sign. -;!Applicant!'_ raay_ha� an--owne-t--car-41irs-agent-.o-r,-r-epresEmtavti-vex--orTM# s'rassign , -'b t_the owrr�--orf-�eeo�d�m�ty-�-ic�•n�-�13-e�t�oven�rn-t. 2. That the undersigned will not sell or convey any lot in the subdiv- ision 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 ,accordance with the covenants, conditions, agreements, terns, and provisions as specified in the following : A. The Application for Approval of Definitive Plan (Form C) . B. The Subdivision Control Law and the Pl.ann.ing' 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 August 1 1986 D. The definitive plan as approved and as qualified by the certificate of approval:, E. Other document (s) specifying construction to 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 provides that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. M t : 3, That this covenant shall be binding upon the executors, admin- istrators, devisees, heirs, successors and assigns of the under- - - signed 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 released from the foregoing conditions upon the recording off 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 ofeither 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 Dist. of 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 to this covenant shall be entered upon the definitive I 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. i 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 ways and installation ` of municipal services as specified herein, on or before Si 8� t3rnder' f $ -1� 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 restission 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. 1p. Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and oinmunicipal services from time to time or from se g Y part by one and in part by another of the methods described in PI.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. 1yy 5 L >•J Xti'�'.Ar SiJy Slt lu'�t r 1`If'%,y� (sf 1}�} i _ - .. . - .1 ' affrS'}lr �:Fr�l f�y f h77 l�h�.y lr�5i+y�y, v r, r /r (1}•'S �i{ { } � r/ (', r - /� .'ti '• - y � rFa , ., �1 c4 f 1 et } • � 5�,%V.Ilki�ir{. ��(_y }' �1 h J r 1 r t 1' ," ' .1. Albert F. & Gloria E. Knuep£er,, 370` Salem Street, A iiaarnt Pais North Ahodver,., Mass. 0184 p � gip'., �no 4 ' RO&'lty Trust, Eric L, Sider'i, `T.r. ,-, 36' South U4i.on St. ,; .Mass, :Q1$�l3, o 3. There' is no' tnor#9 a d, axx' this subrdx`vision Ilk q. 4•i ' 1 t I! r � i1r Albert F. & Gloria E. Knuep£er For title' to the property, see deed from dated to be recorded in North District Essex Registry of Deeds, Book -- --- Pages or registered in le no. , in Registration Book. _,_, Page____ 2 1' The pres holder of a mortgage upon the.'property is ' of T ortgage is dated ecorded in Registry of Deed, 'Book Page , or stere Land Registry as Document No. , and n certificate of title no. , in Registra e tion Book , Page he mortgagee agrees to hold . the mortgage sub,je o the covenants set for ove and agrees that the covenan all have the same .status, force an ct as though execut nd recorded before the taking of the mortgage an ther es that the mortgage shall be subordinate to the above coven 1, Angela SideYi , spouse of the undersigned + applicant hereby agrees that such interest as I,' we, may have in the permises 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 WITffVESS WHEREOF we have hereunto set our hands and seals this day of November , 19 85 . Paisano Realty Trust I by Eric L, S� ri,•.Trust ,e LA L. � n iv ua -y An el Sideri { Acceptance y a Majority of the Planning Board Of : North Andover I i i t4 w Threm certain parcels of land on the Easterly side of Salem Street, North Andover, Essex County, Commonwealth of Massachusetts, being shown as Lots 1, 2 and 3, on a plan entitled; "Definitive Subdivision Plan of Land - ;Sideri Place North Anodver, Mass. " ' Woner: Albert F. & Gloria E, Knuepfer; . Applicant: Paisano Realty Trust, Eric L. Sideri, Trs, , Scale: 1" = 40', Dated May 29, 1985; Engineer: (Richard F. Kaminski and Assoc , , Inc. , said plan having been recorded J with the North District of Essex Registry of Deeds as Plan No, ' Ito which plan reference is made for a more; particular description, f {{ i : } Together with the fee in the roadway shown as Anne Road and a drainage easement 20' wide as shown on said plan togher with the right to the grantee to convey the: right in said drainage casement to other parties, i y N 1 - t � - 1 i S• 1 i t f: •. ti.T. sue. S pi :� ,il .. LOT l A certain parcel of land on the Northerly side of Anne Road, Nc th Andover, Essex County, Commonwealth of Massachusetts, being shown as Lot No, i, on a plan entitled; "Definitive Subdivision Plan of land - Sideri Placo -. North Andover, Mass, " Owner; Albert F. & Gloria E. Knuepferj Applicant, Paisano Realty Trust, Erice L. Sideri, Trs. , Scale: 11 = 401 , Dated May 29, 1985, Engineer; Richard F. Kaminski and Assoc. , Inc. , said pain having been recorded with the North Distrcit of Essex Registry of Deeds as Plan No, to which reference is made for a more particular description. Together with the right, xn"common with whhet•s, to use Anne Road as shown on said-'Plan for all purposes for -which, streets and ways j are 'commonly used in the' Town of North Andover; however, the '. grantor reserves to himself the fee in Anne Road, together with the t right to convey the fee in Anne Road to the Town of North Andover upon the acceptance thereof as a public way, 1 ;s1 The above described parcel is conveyed subject to Condition of Approval No, 22 endorsed on Plan No. , restricting the use ' of the narrow strip of land adjacent to Anne Road to that of a "Po Access Buffer Strip" which shall'not be used for any further lot development off Anne Road, ti I t � ,'•�(' art, '�� ' r IelI 5 9r Sri� LOT II , A certain parcel, of land on the Easterly, side of Anne Road, NeYrth Andover, ;Essex County, Commonwealth of. Massachusetts, being shown as Lot No. 2, on a plan entitled; "Definitive'-Subdivision Plan of Land -' Sideri Place - North Andover, Mass . Owner, Albert F. & Gloria E. Knuepfer, Applicant, PAisano Realty Trust, Eric L. Side.ri, Trs. , Scale; 1"' = 401 , Dated May 29, 1985, Engineer, Richard F. Kaminski and Assoc. , Inc. , said plan having been recorded with the North District of. Essex Registry of Deeds as Plan No. ' ,to which plan reference is made for a more. particular description, Together with the .right, .in common with others, to use Anne'Road ' as shown on said plan for all purposes for which streets and ways are commonly used in the Town of North Anoover, however, the grantor 'reserves to himself the fee in Anne Road, togettheu' with the right..to convey the fee in Anne Road to the Town of i North- Andover upon the acceptance thereof as a public way. it� i I f sJ Z E �11 1 1 { st Y 31 q �/ �s•� F , , ,r`n1,4 �: it#' �S' #' t � LOT III 1 M certain parcel of land on the Southerly side of Anne Road, North'Andover, Essex County, Commonwealth of Massachusetts, being shown as Lot No, 3, on. a plan entitled; "Definitive Subdivision a Plan of Land -7 .Sided. Place -- North .Andover, Mass, " Owner; Albert F, & Gloria E. Knuep€er, Applicant; Paisano Realty Trust, Eric L. Sideri, Trs. , Scale; 1" = 401 , dated May 29, 1985, Engineer; Richard F, Kaminski and Assoc. , Inc. , said plan having been, recorded with the North District � C of Essex Registry of Deeds as Plan No. , -to' which plan reference is made for a more particular description. { ' Together with the: right, in common with others, to use Anne Road as cgbowr� on said plan for all purposes £or which streets and ways are commonly used in the Town of North Anodver;, however, the grantor reserves to himself the fee in Anne Road, together with the k ' right to convey the fee in Anne Road to the Town of North Andover upon the acceptance thereof as a public way. ` € Said parcel is subject to a drainage easement twenty (20) feet wide as shown on said plan, which the grantor reserves to himself for the benefit of his'other land, together with the right to convey the rights { I in said easement to the Tgwn of North Andover, The above described parcel is conveyed subject to Condition of App.r�gval No, 22 endorsed on Plan no. restricting the use �'. of t4t narrow" strip of land ,adjacent to Anne Road to that of a { „"No access .A uffer Strip" which shall not be used for any further lot t develo'pnient miff Anne Read. . 1 c# LOT IV A Certain parcel of land on the Easterly side of Salem Street North Andover, Essex County, Commonwealth of Massachusetts being shown as Lot No. 4', on a plan entitled; "Definitive Subdivigton Plan of Land - Sideri "Place -- North Andover, Mass, " Owner Albert F. & Gloria E. Knuepfer; Applicant, PAIsano Realty Trust, Eric-L. Sideri, Trs. , Scale; l" = 401, Dated May 29, 1985, Engineer, Richard F. Kaminski and Assoc . , Inc, , said plan 'having been recorded with the North District Of Essex Registry of Deeds as Plan No. is made for a.more particular description. to which plan reference Together with, the .right, in common with others, to use Anne Road i ;, '.. as ,shown on said plan for all purposes for which streets and F ways are commonly used in the Town of North Andover: however, the grantor reseves to himself the fee in Anne Road, together with - - =- the right to convey the fee in Anne Road to the Town of North Andover upon the acceptance thereof as a public way, 5 ' Said parcel is subject to a .drainage easement twenty (20) feet wide ` n as shown o sdidplan, which the grantor .reserves to himself for the benefit of his other land, together with the right to eonvqy the rights in said easement, to the Town..of North Andover, � 6 5'fi 1jt5'•_ t 'f# c ;t r . r . R f � t