HomeMy WebLinkAbout1986-08-18 Legal Documents DEF SUB in
FORM I
' COVENANT
19
f MA
KNOW ALL MEN by these presents t1int the undersigned has
submitted an application dated May 29 , 1986. to the North Andover
Planning Board for approval of a Definitive Plan of a subdivision
of land entitled: "TURNER ESTATES" ,
plan by: DESIGN ENGINEERS ASSOC. P, C. ,
dated by: March_ 27&Mayl !J ;A owned by:North Andover Associates,
address: co Landvest P-ope�'k-ies Inc._ 4 KilbySt. Boston,Ma. 02a09
Land located: off Bridges ')man
North
Andover, Ma.
and showing 15 proposed lots . `.['h,e undersigned has requested
the Planning Board to approve such plan without requiring a
performance bond.
IN CONSIDERATION of said Planning Hoard of North Andover
in the county ofEssex approving said plan without
requiring a performance bond, the undersigned hereby covenants
and agrees with the inhabitants of the town as follows :
1. 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 subdivision 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 ,
terms and provisions as specified in the following :
a . The Application for Approval 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 specified therein, issued by the Planning
Board, dated August 1$ 1986 •
Page 1 of 4
d . The Definitive Plan as approved and as qualified by
Certificate of Approval .
e. other document(s ) specifying
construction to 'be
y, see Conditions of approval. attached
completed, namel
to boards decision
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. t`o .that portion of this
covenant which provides that no lot be sold or conveyed
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 ,
admistrators, devisees , heirs , successors and assigns of
itute a covenant running
the undersigned and shall const
with the -land included in the subdivision and shall t
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 enumerating the
specific Lots to be released .
5. That nothing herein shall be deemed to prohibit a
conveyance by a single deedo land shown on
f subject s covenant, of
either the entire parcel
he
subdivision plan or of all lots not previously released
by the Planning Board .
6. That the undersigned agrees to record this covenant with
. the Essex North _ County Registry of Deeds , forthwith,
or to pay the necessary recording fees to the said
Planning Hoard in the event the. Planning Board shall
record this agreement forthwith. Reference to this
covenant shall be entered upon the: Definitive
Subdivision flan 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 covenant; but not later than three
( 3 ) years from the date of such deed, as provided d
in
Section 81-U, Chapter 41 , M.G. L.
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 .
Said covenant shall expire two years from the date of
endorsement of the definitive plan.
Page 2 of 4
9. Upon final completion of the construction of ways and
installation of municipal services as specified herein,
' the Planning Board
on or before August 18 , 1988 g
. 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 l,ot, 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 i.n M .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.
-For title to the property, see various deeds into North Andover Associates
and-Land/vest Properties, Inc. , recorded with the North Essex Registry of Deeds
in Hook'1159, at Page 507, Book 1156, at Page 153, Book 1508, at Page 289, and
Certificate of Title No. 6987 recorded in the Registered side of .the Registry of
Deeds in Book 47 at Page 53. The premises hereby covenanted form a portion of
the property craned under the above deeds and said land is more particularly
bounded and described as shown on the Definitive Subdivision Plan and Definitive
Plans of Construction "Turner Estates", which Plan is recorded herewith at the
North Essex Registry of Deeds as Plan No.
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 necessary
releases all rights of tenancy by the dower or homestead and
other interests therein.
Page 3 of 4
' IN WITNESS WHEREORF we have hereunto set our hands and seals
this of , 19
NORTHANDOVER ASSOCIATES,
A LIMITED PARTNERSHIP by
LAND VEST PROPERTIES, INC. its
GENERAL PARTNER by 1V eeru P_
11
Acceptance by a Majority
of the Planning Board of
t
COMMONWEALTH OF MASSACHUSETTS)
SUFFOLK COUNTY ) SS 1986
Before me', the undersigned officer, pei"sonnally appeared
and acknowledged that he executed the
foregoing instrument as his voluntary act and deed.
Notary Public
My commission expires �14
..t
Page 4 of 4
r
�T
r FORM J.
K.Y
RELEASE FORM
1
The undersigned , being a majority of the Planning Board of the Town
of North Andover , }idssachusetts , hereby certify that :
a $ the requirements for the construction of ways and municipal services
called for the the Performance Bond or Surety ad
ed
.19 and/or by the Covenant dated
September 19 , 19 86 and recorded in District
and in the
Deeds , Book 23 � Page registered in
North FsSt-x Land Registry District. as Document No . .
and noted on certificate of Title No . 698 7 in Regis -
tration Book �47 Page 153 has been completed/ partially
completed , to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled
Turner Estates Secti on ( s } , Sheets ,, "
Plan dated March 27 , Rev. 8/8/80 19 86 recorded by the
and 977- 86
North Essex Registry of Deeds , Plan Bcn kNo�1049 , Page _
or registered in said Land Registry District , Plan Book
plan No. 36903P 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''No. ;,i 1;5 Christian, Way PXar1 No I0;49
Lots' No.. 59, `60 and 61 Plan No, 36903P
b . �xgtt8�c�r)
i hereby certify that lot number( s )
an
Streets )
da m to layout as shown on Definitive Plan entitled "
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxS[4tkkkk t xxxxxAkkkkkx
Registered Land Surveyor
( Page 1 of 2 )
C.
ecx cx ucxacfCx � x t I x6tRxx�txN kit iIZiR Rix 9 Rip RRRitAAPRx���zi~M��fc"Iu
County of Esse:, , Commonwealth of Massachu ;:ts , acting Y
organized Planning Board , holder of a Performance Ron Surety
dated 19 and/or a nant dated
Tg rom
of t e ty own of
C. ,y , Massachusetts recorded w t
District Deeds , Book
Page or re re n Land Registry District as �
e Document
No . and ed on Certificate of Title No .
Regis rat ook , Page , acknowledges sat sfaction
of t erms thereo an hereby releases its right , title and in'-
4�x�cA�xi�4cxl�F4�xG�i�4�#�}f��FK1��x�P�x9c�Fi��x��3��x3t�x����k�ws�xxx
EXECUTED as a sealed instrument thisday of , 19
MaJori ty of the
Planning Board %
of the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
19
, sS .
'then personally appeared � one of the
above named members of the ann ng oar o t e own o North Andover ,
Massachusetts ' and acknowledged the foregoinn instrument to be the free
act and deed of said Planning Doa,rd , before me ,
Notary Public
My Commi ss ion Expi res
►,1y Comm{,yiun L'xpiro,October 2,1992
( Page -2 of 2 )
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
We, Lucy G. Ciardiello, Executrix under the will of Ralph P.
Ciardiello, late of Wellesley, Massachusetts, see Norfolk Probate
No. 91P-1.264-E1, John J. Burke and Charles A. Carroll of North
Andover, Essex County, Massachusetts
for the consideration of less than $100. 00 hereby grant, transfer
h and deliver unto the Town of North Andover, Massachusetts, a
'a municipal corporation in Essex County, with Quitclaim Covenants 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 appurtenances, (2) pipes, conduits and their appurtenances
for the conveyance of water, and (3) a covered surface and ground
(4) 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, through, and under the whole of
Christian Way, as shown on a plan which was approved by the North
Andover Planning Board, said way being shown on a plan of land
entitled: "Definitive subdivision Plan "Turner Estates" North
Andover, Mass. , Date: March 27, 1986, Rev. : August 8 , 1986, Rev. :
September 8, 1986, Engineer: Design Engineers; " said plan recorded
with the Essex North District Registry of Deeds as Plan No. 10469;
�j said plan is made and said plan is .incorporated herein for a
complete and detailed description of said roads.
B. The perpetual rights and easements to use for a way the
L? following parcel of land situated on Christian Way in said Town of
North Andover and bounded and described as follows:
The roadway shown as Christian Way beginning at the end of
Bridges Lane as shown on a plan which was approved by the North
Andover Planning Board, said way being shown on a plan of land
entitled: "Definitive subdivision Plan "Turner Estates" North
Andover, Mass. , Date: March 27, 1986, Rev. : August 8, 1986, Rev. :
V-� September 8, 1996, Engineer: Design Engineers; " said plan recorded
with the Essex North District Registry of Deeds as Plan No. 10469 .
2
Said land is subject to easements to the Massachusetts
Electric Company recorded January 7 , 1987, and recorded in said
Registry in Book 2403 , Page 211, and to easements to the New
'v England Telephone and Telegraph Company recorded December 19, 1986
and recorded in said Registry of Deeds in Book 2384 , Page 15 .
y� J
i
C. The perpetual rights and easements to use for drainage
purposes the following parcels of land abutting Christian Way in
said Town of North Andover and bounded and described as follows:
Those portions of Lots 6, 10 and 11 as shown on Plan ##10469
recorded with the North Essex Registry of Deeds and designated
thereon as "Drainage Easement" .
For our title see deed from North Andover Associates, a
limited partnership to us by deed recorded with the North Essex
Registry of Deeds in Book 2328, Page 243 .
In ness Whereof, we have hereunto set our hands and seals
this day of November, 1991.
Esta e of al P Cia diello
b
L G. iardiello, Executrix
1
ohn Burke
1 '
Charles A. Carroll
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. November �`r, 1991
Then personally appeared the above named Lucy G. Ciardiello,
Executrix as aforesaid and acknowledged the foregoing instrument to
be her free act and deed, Before me
-Notary Public
My commission expires:
MY COMMISSION 6XAIRCS JUNC 79, iU�3
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. November 1 , 1991
Then personally appeared the above named John J. Burke and
Charles A. Carroll and acknowledged the foregoing instrument to be
their free act and deed, Be re e r
L
Joh J. Wi s, Jr. -Notary P1 1 is
My ommiss on expires: 11/5/92
Not
ES SEX NORTH REGSTRY OF DEEDS
LAMmgGE, MASS--'—'
ASS.-'A I COPY: ATTEST'
REGISTER oF DMO
l
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES .
00
0 We, Lucy G. Ciardiello, Executrix under the will of Ralph P.
Ciardiello, late of Wellesley, Massachusetts, see Norfolk Probate
No. 91P--1264-E1, John J. Burke and Charles A. Carroll of North
Andover, Essex County, Massachusetts
for the consideration of less than $100 . 00 hereby grant, transfer
and deliver unto the Town of North Andover, Massachusetts, a
municipal corporation in Essex County, with Quitclaim Covenants 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
O other appurtenances, (2) pipes, conduits and their appurtenances
U 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
(A the aforesaid purposes, in, through, and under the whole of
U� Christian Way, as shown on a plan which was approved by the North
0l- Andover Planning Board, said way being shown on a plan of land
Q entitled: "Definitive Subdivision Plan "Turner Estates" North
p Andover, Mass. , Date: March 27 , 1986, - Rev. : August 8 , 1986, Rev. :
September 8, 1986, Engineer: Design Engineers," said plan recorded
with the Essex North District Registry of Deeds as Plan No. 10469 ;
said plan is made and - said plan is incorporated herein for a
complete and detailed description of said roads.
L? B. The perpetual rights and easements to use for a way the
following parcel of land situated on Christian Way in said Town of
North Andover and bounded and described as follows:
The roadway shown as Christian Way beginning at the end of
Bridges Lane as shown on a plan which was approved by the North
Andover Planning Board, said way being shown on a plan of land
entitled: "Definitive Subdivision Plan "Turner Estates" North
Andover, Mass. , Date: March 27 , 1986, Rev. : August 8, 1986, Rev. :
September 8 ,. 1996, Engineer: Design Engineers;" said plan recorded
with the Essex North District Registry of Deeds as Plan No. 10469 .
Said land is subject to easements to the Massachusetts
Electric Company recorded January 7 , 1987, and recorded in said
Registry in Book 2403 , Page 211, and to easements to the New
England Telephone and Telegraph Company recorded December 19, 1986
and recorded in said Registry of Deeds in Book 2384 , Page 15.
� V
P
C. The perpetual rights and easements to use for drainage
purposes the following parcels of land abutting Christian Way in
said Town of North Andover and bounded and described as follows:
Those portions of Lots 6, 10 and 11 as shown on Plan #10469
recorded with the North Essex Registry of Deeds and designated
thereon as "Drainage Easement" .
For our title see deed from North Andover Associates, a
limited partnership to us by. deed recorded with the North Essex
Registry of Deeds in Book 2328 , Page 243 . -
Tn tness Whereof, we have hereunto set our hands and seals
this loot day of November, 1991.
1
4Estae,r, f Ral P. C ' diello
b
. Ciardiello, Executrix
ohn Burke
J 1
Charles A. Carroll
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. November 1991
Then personally appeared the above named Lucy G. Ciardiello,
Executrix as aforesaid and acknowledged the foregoing instrument to
be her free act and deed, Before me
-Notary Public
My commission expires:
MY COMMISSION EXPIR£5 JUNK 28. M5
i
, 1 i
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. November 7 , 1991
Then personally appeared the above named John J. Burke and
Charles A. Carroll and acknowledged the foregoing instrument to be
their free act and deed, Be re e
Joh J. Wi s, Jr. -Notary P lic
My omm.iss on expires: 11/6/92
DESIGN ENGINEERS ASSOC. . ��C.
P. 0. BOX 516
NORTH ANDOVER, MA O1845
August 25 , 1986
ERQSION AND SEDIMENTATION CONTROL PROGRAM
Prior to, and during construction of the subdivision, and
until stabilization of disturbed areas and paving are
completed, staked haybales will be maintained;
a. Approximately twenty-five feet from the toe of
slope on the northern side of the roadway from station
-04-SO to station --3+SO and on the southern side of the
roadway from station 2+00 to station 6+00 .
b. At all headwalls.
c. Around all catch basins.
d. As shown on Sheet 2 and 3 of plans by Design
Engineers.
Unstabilized slopes will be matted with hay during
seasons not conducive to germination. The base of the detention
areas will be excavated one foot deeper than finished grade and
will. act as a sedimentation basin during construction. Road
slopes will be loamed immediately after grading. Cutting and
filling operations using on-site materials will be completed
simultaneously . Easement areas will be stablized immediately
upon completion of scheduled work within the easement.
Upon completion of the drainage system, paving of the
roadway and stabilization of disturbed area, silt and debris
will be removed from all drainage structures, pipes and
spillways, and the base of the retention areas will be graded
and stabilized.
Although every practical attempt, will be made to
minimize exposing the entire roadway and slopes , this would be
the most severe unprotected condition. In this case ,
approximately two acres would be cleared at one time . Based on
previous experience , haybale erosion checks would suffice in
controlling saltation of undisturbed areas. Implementation of
the other measures in conjunction with haybales insure that
this will be the case .
All disturbed areas will be either paved or stabilized
with grasses . All key erosion points, that is those
immediately adjacent to headwalls, will be rip-rapped to
eliminate erosion. Additionally:
-1-
f
� I
a. Flooding and ponding is riot anticipated on
site . The detention areas and drainage system are
designed to minimize off-site flooding or ponding .
b. The proposed surface drainage system contains
the majority of the run-off from the site and directs it
to the hydraulically controlled environment of the
detention areas. That run-off not directed to the
detention areas is directed to its natural watershed. The
detention areas are designed to contain the increase in
run-off volume due to development for a one hundred years
frequency storm event, and to outfall at a rate equal to
or lower than that presently experienced.
c. All disturbed areas will be either paved,
rip-rapped or stabilized with grasses.
d. Roadway design and proposed dwelling locations
attempt to maximize the protection of existing vegetation.
The majority of the perimeter of the property will remain
undisturbed, all as dictated by governing regulations.
e. Within the confines of the Rules, the
subdivision' s proposed grades and existing topography are
blended to preserve natural aesthetics. Road grades are
minimal and well within the regulations. Cuts and fills
for the road and lot development approximately balance.
Grading is confined to roadway and lot development.
f. There are no proposed alterations of shore
lines, marshes or seasonal wet areas on the subdivision
site . The detention areas at the headwalls, outfall to
their adjacent wetlands and are designed to blend with the
existing topography and require minimal upkeep.
g. As depicted on the Definitive Plans the three
off road drains and detention areas will be easemented to
the Town. Right of way to two abutters will also be
granted.
h. As depicted on sheets Two and Three of the
"Definitive Plans-Construction" by Design Engineers Assoc .
P.C. both existing and proposed drainage outfalls to two
watersheds. The peak run-off rates and volumes outflowing
the property both before and after development are
discussed in the drainage analysis. As demonstrated in
that analysis, run-off volumes are increased slightly
after development, however run-off rates are not. In the
detention areas accumulated run-off will remain stored
until it either flows at varying rates to the existing
wetlands, percolates into the ground-water table or
evaporates into the atmosphere.
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