HomeMy WebLinkAbout1985-01-21 Legal Documents DEF SUB i
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FORM. I
COVENANT
re U ax..Y 19�j_
North Andover , ,Massachusetts '
KNOW ALL MEN by these presents that the undersigned. has submitted an
application dated October 17, 1984 , to the North Andover Planning
Board for approval of a Defin Live Plan of a subdivision of land entitled :
"SPRING HILL" , plan by : Thomas E . Neve
Associates , dated : October 17, 1984, and
owne y : Jose h itz i.bbons Trustee , address :316 Essex Street ,
Lawrence Massachusetts 0 840 1 and l o c a t ed : Off
summer street , and showing 1.3 proposed
lots , The undersigned has requested the Planning 3oard to approve such
plan without requiring a performance bond .
INCONSIDERATION of said Planning Board of North Andover
in the county of Essex approving said p an without requiring a
performance bond , the undersigned hereby covenants and agrees with the
inhabitant's of the town as follows :
1 . That the undersigned is the sowner* in fee simple absolute of all the
land included in the subdivf-sion an•d that there are no mortgages of. ,
record or otherwise an, any of the land , extent for those described
bel ow , and that the present, ho'1,ae�rs of ;'sa'i•d, mortgages have assented
to this contract prior . to its execution by 'the undersi gned ,
* If there is more than on.e owner , all must' sign . "Applicant " may
be an owner or hi s- agent or represent-ative , 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 erector place any. permanent buil di ng 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 specified in the following :
a . The Application,. for Appr"oroval 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 Jnnuayy 22.�, 1 65
d . The Definitive Plan as approved and as qualified by the Certi -
ficate of Approval .
e . ' Other document (s ) specifying construction to be completed ,
namely ,
< ( Page 1 of ~3)
i
a�
However-, a mortgagee who acquires title to the mortgaged premises ' ;
by foreclosure or otherwise and any succeedino 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 . b.uilt upon until Nays and services have
been provided to serve s uch • l.ot : •,.`';� > E
3 . That this covenant shall ..be On'-ding .upon .the e,x'ecutors , admi ni s -
trators , devisees , heirs ,' s•uccessors 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 Tanning Board and enum-
eratino 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 Plannino. Board.
6 . That the undersigned agrees to record this covenant with the Northern
District Essex County Registry of Deeds , forthwith , or to pay
t e necessary recording fees• to the said Planning Board in the event
the Planning Board shalA record this agreement forthwith . Reference
to this covenant shall be • entere.d 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 cov-
enant , but not later than three ( 3) years from the date of such
deed , as provided in Section 81-U , Chapter 41 , M . G . L .
3 . 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 beforeS 9g6
the Planning Board shall release this covenant by an
appropriate instrument , duly acknowledged . 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 . Nothi na herein shall prohibit .the applicant from varying the method
of securinq the construction of ways and installation of municipal
services from time to time or from securinr by one , or in part by
one and in part by another of the methods described in M . G . L . , Chapter
41 , Section t61-U , as long as such security is sufficient in the
opinion of the Plannino Board .to secR e- performance of the con-
struction and installation :;'
f
Mary Bobek et als and
For title to the property , see deed from Claudia Dupuis, Administratrix ,
` dated 6/26/84 & 6/25/84, recorded in Essex North Registry o
Deeds , Book 1827 , Page-. 324 & 32a (Uxx � x X,
The present holder of a mortgage upon the property is The Cooperative Ba-nkof
oncord, 97 Lowell Rd. , Concord, Mass ->tkf<and Paul St. Hilaire Trustee of 13 Brown St. , Andover, Ma.
The mortgages are dated October 19$4 * and re s
corded � n Esex
Noxt Registry of Deeds , Book Pages294 or registered
in Land egistry as Document No . ,
and noted on certificate of title No . , in Registration Book ,
Page The mortgagee agrees to hold the mortgage subject to tie
covenants set forth' above and agrees that the covenants shall have the
same status , force and effect as. though executed and rocor.ded m b'efo re
tj)@ takj hig 8f th@ ffloetgag@ Amd f0th@r agr@@§ th&t th@ MOrt9d90 § Hail
be subordinate to throe above covenant .
q�4\
spouse of' the undersigned applicant
ere y agrees t at suc h i n terest as I , we may have in the premises shall�
s covenant and insofar as is necess -
be subject to the provisions of thi
ary releases all rights of tenancy by the dower or homestead and other
interests, therein .
IN WITNESS WHEREOF we have hereunto set our hands and seals this 12th
Of Februar 2 19 $5
Summer Hill Realty Trust
b Trustee
Cooperative Bank of Concord
b Fe-r
Sst
b� _ T r I tee
2- 2 ��� Acceptance by a Majority of
the Planning Board of
S /76
*revision date February 1', .1985 'to be recorded at ,:said Registry
Additional revision date February 26, 11985
( Page '3 of 3)
ESSEX NORTH REGISTRY .OF DEEDS
LA1NPE110E, I,rASS.
A TEUF-COPY: ATTEST:
j ir7
REGIS E5 OF DEE05
3731
OF
S �'
DIS
3 2
I dUi i harn District Of EssaXEl13
3t %lt3Ci{ 17M 11
35F NEEDS
1� � i
FORM J
RELEASE FORM
The undersigned , bei nq a majority of- the Planning Board of the Town
of North Andover , Massachusetts , hereby certify that :
a . the requirements for the construction of ways and municipal services
called for the the Performance Bond or Surety and dated
N/A , 19 and/or by the Covenant dated
Jnntaary 29 ,) 19 96 and recorded in District
Deeds , Book 1934 , Page 42 or registered in
Land Registry District as Document No .
and noted on Certificate of Title No . in Regis -
tration Book Page has been completed/partially
completed , to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled " DefinitAue Rubdivision
Plan of ' Spring Hill'
Section ( s ) Sheets ]. thru 6
P1 an dated -- recorded by the
QXLb KsseX Registry of Deeds , Plan No. 97Z9
or registered in said Land Registry District , Plan Book ,
- - - Plan and said lots are hereby released from the re-
strictions as to sale and building specified thereon .
Lots designated on said Plan as follows ; ( Lot number( s ) and street ( s ) )
Lots 9 through 21 inclusive Spring Hill Road North Andover MA
b . ( To be attested to by a Registered Land Surveyor)
I hereby certify that lot n'umber( s )
on Street ( s )
do conform to layout as shown on Definitive Plan entitled "
Section Sheets
Registered Land Surveyor
( Page 1 of 2 )
C . The Town of North Andover , a municipal corporation situated in the
County of Essex , Commonwealth of Massachusetts , acting by its duly
organized Planning hoard , holder of a Performance Bond or Surety
dated 19 and/or a Covenant dated
�_ from Summer 14A11 Trust
of t ie Ci ty/Town of Lawrer.IeA
County , Massachusetts recorded with
the North Essex Di stri ct Deeds , Book ,
Page �_, or regi s tered i n Land Regi stry Di strict as men t
No . and noted on Certificate of Title No . in
Registr` at o Book Page , acknowledges satisfaction
of the terms thereof�an hereby r.e eases its right , title ant{ in -
terest in the lots designated on said plan as follows ;
EXECUTED as a sealed instrument this day of 9
Majority of the V'
PI anni n9 Board
_.
�.
of the Town of ....r, - ..
North Andover ,
COMMONWEALTH OF MASSACHUSETTS
z: .
1
Then personally appeared - ;,i rt.�_ �'... one of the
above named members of the / �-nnin' oar o t e own o North Andover ,
Massachusetts and acknowledged the foregoing instrument to be the free
act and deed of said Planning Board , before me ,
.f ri
Notary Publ i e/
My Commi ss ion E.xpl r'es,i�'.'
fly Commission E'xpiros 6�t0o�''�°°9992i ` .'
Roco:rded Jan..30si986 at 3:IPNI #2352
( Page 2 of 2 )
O'CLOCK
RECORIDIZD ZIN COOK%.
ll-j� EST
RF-G�STER 0-7 DEEDS
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ROAD DEDICATION EASEMENT
I , Paul St . Hilaire , Trustee of Summer Trust , under
Declaration of Trust dated October 9, 1984 recorded with Essex
North District Registry of Deeds in Book 1879, Page 298, owner of
the subdivision roadway as set forth on a plan of land entitled:
"DEFINITIVE SUBDIVISION PLAN OF SPRING HILL LOCATED IN NORTH
1ANDOVER, MASSACHUSETTS; " Owner and applicant John C . Tuttle , Jr. ,
152 Village Green Drive, North Andover , Massachusetts 01845 ;
' Thomas E . Neve Associates, Inc. , Engineers , 447 Old Boston Road,
� Topsfield, Massachusetts , said plan being recorded at North Essex
Registry of Deeds as Plan No. 9779 , hereby grant to the
! .inhabitants of the Town of North Andover , their successors and/or
lassigns , the following easement in perpetuity :
1. An easement running to the inhabitants of the Town
of North Andover for all purposes of a public way or street
over the portion of land designated on the above-referenced
plan as "Spring Hill Road" , including the right to install,
repair, maintain, alter , and operate sanitary sewerage,
drainage , water lines and other pertinent utilities in,
into, upon, over , or across said land as shown on Plan No.
9779.
Being the same premises conveyed to me by deed of Joseph
Fitzgibbons , Trustee of Summer Hill Realty Trust, u/d/t dated j
June 26 , 1984 and recorded with Essex North District Registry of
Deeds in Book 1827 , Page 318 , said deed being dated March 4, 1985
and recorded at Book 1935, Page 347 .
Executed this .3` day of January , 1989 .
i
SUMMER TRUST
a
Y
Paul St . Hilaire, Trustee
COMMONWEALTH OF MASSACHUSETTS
N Essex , ss. y 1989
Januar ,
Then personally appeared the above--named Paul St. Hilaire ,
n��GAaeY,BODNA Trustee of Summer Trust, and ackno�r led ged the foregoing
&BRINTZ instrument to be his free act anI6 deed, before. me.
ATTORNEYS AT LAW
401 ANDOVER STREET �. j ��i;V„ ��,, �•��Yj1/ `�- , f
NORTH ANDOVER,h1A.
�
Notary Public
01845 My commission expires :j ).
AREA CODE 608
686-1111
DRAINAGE EASEMENT
We, Richard A. DeVincentis and Jean A. DeVincentis, owners
of Lot 3A Summer Street, North Andover , Massachusetts, as shown
on a plan of land entitled "PLAN OF LAND LOCATED IN NORTH
ANDOVER, MA PREPARED FOR FORBES REALTY TRUST, " Scale : 1"=40" ;
Dated: December 29, 1984 , Christiansen Engineering, Inc. ,
Engineer , said Plan being recorded at North Essex Registry of
Deeds as Plan No. 9762, in consideration of One ( $1 . 00 ) Dollar
and other valuable consideration, hereby reserve for the benefit
of the Inhabitants of the Town of North Andover, their successors
and/or assigns , the following easement in perpetuity:
An easement for the use, repair and maintenance of a
sub-surface drainage system on that portion of Lot 3A
designated as a road widening easement as set forth on Plan
No. 9762.
Being the same premises conveyed to us by deed of Fulton
Real Estate and Development Corporation dated April 16 , 1985 and
recorded at North Essex Registry of Deeds at Book 1955, Page 291 .
r t
i c
ichard A. eVincentis an A. DeVi centis
COMMONWEALTH OF MASSACHUSETTS
Essex,ss . ',� ,�, , 1989
Then personally appeared the above-named Richard A.
DeVincentis and Jean A. DeVincentis and acknowledged the
foregoing instrument to be their fr act and deed, before me .
Nota 4Pb
�c 4'
My c n expires : ✓/'jhV'q/
;CARRY,BODNAR
&BRINTZ
TTORNEYS AT LAW
!ANDOVER STREET
iRTH ANDOVER,MA.
01845
AREA CODE 608
68&llll
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.ll�w.r�
FORM M 45
CONVEYANCE OF EASEMENTS AND UTILITIES
Joseph Fitzgibbons, Trustee of Summer Hill Trust, under a Declaration of Trust dated
June 26, 1984 recorded with Essex North District Registry of Deeds in Book 1827, Page 318
, of Lawrence
Essex , County ; Massachusetts ; for the-
consideration o�f $1.00 , hereby grants , transfers and
delivers unto the town of North Andover , a
muni ci pal corporation in Essex County , the.
following :
A. The perpetual rights and easements to construct , inspect ,,. repair ,
remove , replace , operate and forever maintain ( 1 ) a sanitary sewer
or sewers with any manholes , pipes , conduits and other appurtenan-
ces , ( 2 ) pipes , conduits and their appurtenances for the conveyance
of water , and ( 3) a covered surface and ground water drain or drains
with , any manholes , pipes , conduits and their appurtenances , and to
do all other acts incidental to the foregoing , including the right
to -pass along and over the land for the aforesaid purposes , in ,
t h ro a g,�, , a n d under the, whole of Spring Hill Subdivision ,
dated October 17, 1984 said plan is made and said plan is
incoroorated herein for a comp ete and detailed description of said
roads.
drainage, storm retention and
B , The perpetual rights and easement to use for/public access
the following parcel of land situated on Sig Hill Road
ZWKKez�t i n s a i d t ow n o t North Andover
and bounded and described as follows.:
Drainage easement as shown on Lots 14 , 15 , 18 and 19
Storm 'retention drainage easement as shown on Lots 18 and 19
Public Access easement as shown on Lot 15 .
The grantor warrants that the aforesaid easements are free and clear
of all liens or encumbrances , that he ( it ) has good tittle to trans -
fer the same , and that he will defend the same against claims of all
persons .
Mary Bobek et als and
For grantor ' s title see deed from Claudia Dupuis , Administratrix
dated June 26 , 1984 & June 25 , , 19 84 , and recorded In
Essex north District Registry of Deeds , Book
1827 ages 324 and 328' , or under Certificate of Title No .
, r6gisf—ere-d in District
Of the Land Court , Book Page
To be completed if a mortgage exists :
We, The Cooperative Bank of Concood and Paul St. Hilaire, Trustee
An d Of Concord and Andover
the presenE holder of z
mortgageson the above scri e ' an which mortgage Afedated
19 84 , and recorded in said Deeds , BoaTc`��
age 294 & 300 , for consideration paid , hereby releases
unto—Me—Town forever Trom the operation of said mortgage , the rights
and easements hereinabove granted and assents thereto .
'4�0 , :The Cooperative Bank of X, -cord
r �
by,
Sum�ne� Trust Summer Hill Realty Trust
s
by �.. .. , Trustee by Trustee
Authorized si gn�tture of Mortgagee erg r
IN WITNESS WHEREOF we have hereunto set oijr hands and seals this
12th day of February 1 85
COMMONWEALTH OF MASSACHUSETTS
Essex , ss February 19 85
Then personally appeared the above named Joseph Fitzgibbons, Trustee aforesaid
and acknowledued the foregoing to be his ree
act and deed , before me . v .
Notary Public
My CommissionFExpires :
NOTE : This conveyance is not effective until accepted by Town -Meeting
or the Board of Selectmen.
ESSEX M TH R a S?R�P�' a DEEDS
A TRUE CG�'Y: -',T-EST:
$i�13�ft OF DEEi35
.....................
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40 FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
Birch Development, Inc. a Massachusetts corporation
having an usual place of business at , of North Andover
Esse , County ; Massachusetts ; for the_
consideration of $1.00 , hereby grants , transfers and
delivers unto the town of North Andover + a
municipal corporation in Essex County , the.
following :
A. The perpetual rights and easements to construct , inspect ,, repair ,
remove , replace , operate and forever maintain { k ) a sanitary sewer
or sewers with any manholes , pipes , conduits and other appurtenan -
ces , ( 2 ) pipes , conduits and their appurtenances for the conveyance
of water , and ( 3) a covered surface and ground water drain or drains
with , any manholes , pipes , conduits and their appurtenances , and to
do all other acts incidental to the foregoing , including the right
to -pass along and over the land for the aforesaid purposes , in ,
throuc4i , and under the whole of Spring Hill Subdivision ,
dated October `17., 1984 , said plan is made and s art d p an is
incorporates herein for a comp ete and detailed description of said
roads .
B . The perpetual rights and easement to use for storm retention
the following parcel of land situated on Summer St.
Street in said town of North Andover
and bounded and described as follows :
Storm retention drainage easementas shoran on Lots 6 and 7.
The grantor warrants that the aforesaid easements are free and clear
of all liens or encumbrances , that he ( it ) has good title to trans -
fer the same , and that he will defend the same against claims of all
persons .
For grantor ' s title see deed from JOSEPH FITZGIBBONS TRUSTEE
dated October 10, , k 84 , and recorded in
EssexNorthh Di s.tri ct Registry of Deeds , Book
1879 , Page •1 , or under Certificate of Title No .
, registered in District ,
of the Land Court , Book ' Page
To be completed if a mortgage exists :
And The Co-operative Bank of Concord of Concord, Mass.
the present holder of & two
mortgage on the above scri a an , which mortgage is dated
October 10, 19 84 ,Wand recorded in said Deeds , Boot
Page a or consideration paid, hereby releases
untoie-Town forever from the operation of said mortgage , the rights
and easements hereinabove granted and assents thereto .
3
THE CO-OPERATIVE BANK OF CONCORD
BIRCH D 'VELOPMENT, INC L
B
Author4ed signature of Mortgagee O ner
IN WITNESS 'THEREOF we have hereunto set oiir hands fand$ "seal s this
d a y o f FebruAr
COMMONWEALTH OF MASSACHUSETTS
Essex February 3 , 19 85
Then personally appeared the above named d, �
and acknowledoed the foregoi•n-a.�.ta—b.e.--thp_. ..,... —free
act and deed , X of B rch,,,Aevel.opment, Inc.�/ be ore me
Notary ub c
Ply Commission Expi res :
NOTE : This conveyance is not,� effective until accepted by Town Meeting
or the Board of Selectmen ,
r
ESSEX NORTH Rill_"-d R& OF. DEEDS
REGISTER OF DEEF3S
3735
ESSEX RE(,'.OF DEEDS
, T
c'13 2 23
.0ED
REGISTRY OF _0' -
Northrrrn District of Essex S8
at ^O'CLOCK •�M._..lC�..�t
:t AN0 116COROED IN 19003f..,, 4F7-
Pase 410 --
ATTEW
/ REGISTER OF DEEDS