HomeMy WebLinkAbout1985-05-06 Legal Documents DEF SUB I
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i' MAY
l . 6
CONVEYANCE OF ROAD WIDENING EASEMENT
We, DOMENIC A. TEOLI and MARYANNE R. MAUS, as Trustees
of TEOMA ESTATES REALTY TRUST, u/d/t dated October 4 , 1985,
recorded with the Essex North District Registry of Deeds in
Book 2057 , Page 281, the address of said trust being 77
Colonial Drive, Lawrence, Massachusetts, and LORIN CORP. a
corporation duly established under the laws of Massachusetts
and having its usual place of business at 15 Lorin Drive,
Wilmington, Massachusetts, for consideration of less than One
Hundred Dollars hereby grant, transfer, and deliver unto the
Town of North Andover, a municipal corporation in Essex
County, the following:
An easement for the purposes of widening Boston Street
and sloping an area as more particularly shown and described
as 1120" Road Widening Easement" as shown on a plan of land
entitled "Subdivision Plan of Land of Teoma Estates in North
Andover, Mass. , Drawn for Domenic Teoli and Paul Maus, Rev.
April, 1985, prepared by Merrimack Engineering Services, 66
Park Street North Andover, Massachusetts, 0181011, said Plan
is recorded with the Essex North District Registry of Deeds
as Plan No. 9932, and reference is made to said Plan for a
more particular description.
For title references for Teoma Estates Realty Trust see
deed recorded with said Registry of Deeds in Book 2057 , Page
287 ; for Lorin Corp. , Book 2057 , Page 281 and Book 2899, Page
5.
Executed as a sealed instrument this day of April,
1991.
TEOMA ESTATES REALTY TRUST
BY:
DOMENIC A. TEOLI, �AS TRUSTEE
AND NOT INDIVIDUALLY
MARYANN R. US, AS TRUSTEE
AND NO INDIVIDUALLY
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RELEASE FORM
The undersigned, being 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 Performance Bond dated July 16, 1986 and recorded in District Deeds ,
Book Page has been completed/partially completed, to the
satisfaction of the Planning Board to adequately serve the enumerated lots
shown on Plan entitled "Subdivision Plan of Land of Teoma Estates in North
Andover, Mass. , drawn for Domenic Teoli & Paul Mans , Rev. April 1985, prepared
by Merrimack Engineering Services , 66 Park Street, Andover, Massachusetts
01810," said Plan is recorded with the Essex North District Registry of Deeds
as Plan No. 9932, and reference is made to said Plan for a more particular
description, and said lots are hereby released from the restrictions as to
sale and building specified thereon.
Lots designated on said Plan as follows: Lots 1 , 2, 3, 4, 5, 6, 7 , 8A, and 9B.
b. I hereby certify that lot numbers 1 , 2, 3, 4, 5, 6, 7, 8A and 9B do conform to
layout as shown on Definitive Plan entitled "Subdivision Plan of Land of Teoma
Estates in North Andover, Mass . , drawn for Domenic Teoli & Paul Maus, Rev.
April 1985, prepared by Merrimack Engineering Services , 66 Park Street, Andover,
Massachusetts 01810," said Plan is recorded with the Essex North District
Registry of Deeds as Plan No. 9932, and reference is ma to said lan f r a
more particular description.
Register r e or
c. The Town of North Andover, a municipal corporation situated n the County of
Essex, Commonwealth of massachusetts, acting by its duly organized Planning
Board, holder of a Performance Bond or Surety dated July 16, 1986, recorded
with the Essex North District Registry of Deeds, , Page ,
acknowledges satisfaction of the terms thereof and herby releases its rights,
title and interest in the lots designated on said plan as follows : 1 , 2, 3, 4,
5, 6, 7 , 8A and 9B.
EXECUTED as a sealed instrument this 18th day of A gu t, 986.
g Board
the Planning
Majority of �
of the Town of North Andover
COMMONWEALTH OF M'ASSACHUSETTS
Essex,ss. August 18, 1986
Then personally appeared one of the above named members
of the Planning Board of the Town of North Andover, Massachusetts and acknowledged
the foregoing instrument to be the free act and deed of said Planning Board, before me,
My Commission expires:
MY EXOn.oddwr 2,1992 Notary Public
r `FORM 1
COVENANT
June 17 , 1985
North Andover, Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted an
application dated December 26, -19m to the North Andover Planning Board for
approval of a Definitive Plan of a subdivision of land entitled: Subdivision
Plan of Land of Teoma Estates in North Andover, plan by: Merrimack Engineering
Services , 66 Park Street, Andover, Massachusetts, Dated: June 12, 1985, and
owned by: Domenic A. Teoli , Rita E. Teoli , Paul E. Maus, and Maryanne R. Maus,
address: 77 Colonial Drive, Lawrence, Massachusetts, land located: Boston
Street, North Andover, and showing 9 proposed lots. The undersigneihas 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, Massachusetts 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.
2. That the undersigned will not sell or convey any lot in the subdivision
or erect or place any permanett 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 Frith the covenants, condi-
tions, 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
Recorded plan #9932 of approval specified
TEOMA ESTATES lay 6, 1985.
Deed Bk .1876, pg 143 led by the Certificate
Covenant Bk 1994, pg 310
,ompleted, namely,
Order of Conditions Bk 1994, pg 305 File No. 242-269.
tgaged premises by
of the mortgaged premises
:t only to only that
)t be sold or conveyed
ve been provided to serve
(Page 1 of 3 )
3. That this covenant shall be binding upon the executors, administrators ,
devisees, heirs, successors and assigns of the undersigned and shall
constitute a covenant running with the land included in the subdivision
and shall operate as restrcitions 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
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
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 Board in the event the Planning Board shall record
this agreement forthwith. Reference to this covenant shall be entered
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 �rantee prior to the release of the covenant; but not
later that three (3 years from the date of such deed, as provided 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 .
9. Upon final completion of the construction of ways and installation of
municipal services as specified herein, on or before
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 rescission of the approval of the plan. Upon perfor-
mance 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. 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 in 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.
(Page 2 of 3)
For title to the property, see deed from Joseph 0. Maloney and Vera 1 . Maloney,
dated October 4, 1984, recorded in Essex North District Registry of Deeds,
Book 1876, Page 143.
IN WITNESS WHEREOF we have hereunto set our hands and seals this 17th of June,
1985.
Domenic A. Teoli
Ri E. Teolf
Paul E. Maus
1
Maryanne R; aus
Acceptance by a Majority of the
Planning Board
(Page 3 of 3)
TOWN OF NORTH ANDOVER
120 Main Street
North Andover, MA. 01845
685-4775
,SOgi01
�/ wtl .•ro r `47
�sJµCH�Si4
TO: Charles Foster, Inspector of Buildings
FROM: Karen Nelson, Planning Office
SUBJ: TEOMA ESTATES LOT RELEASE
DATE: August 1.9 , 1986
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The Planning Board released the following lots in the Teoma
Estates Subdivision:
Lots 1 , 2 , 3 , 4 , 5, 6 , 7 , . 8A and 9B.
KN:ns
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sF
FORM M . dr
CONVEYANCE OF EASEMENTS AND UTILITIES
We, DOMENIC A. TEOLI and MARYANNE R. MAUS, as Trustees
of TEOMA ESTATES REALTY TRUST, u/d/t dated October 4 , 1985,
recorded with the Essex North District Registry of Deeds in
Book 2057, Page 281, the address of said trust being 77
Colonial Drive, Lawrence, Essex County, Massachusetts, and
BRUCE M. PATTERSON and M. ROBERTA FOX of 35 Old Cart Way,
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, 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 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 Old Cart Way, from
station 0 + 0 to 8 + 70. 25 as shown on a plan which was
approved by the North Andover Planning Board, said way
being shown on a plan of land entitled, "Subdivision
Plan of Land of Teoma Estates in North Andover, Mass. ,
drawn for Domenic Teol,i and Paul Maus, Rev. April, 1985,
prepared by Merrimack Engineering Services, 66 Park
Street, Andover, Massachusetts, 01.810, " ; said plan
recorded with the Essex North District Registry of Deeds
as Plan ' No. 9932 ; said plan is made and said plan is
incorporated herein for a complete , and detailed
description of said roads.
B. The perpetual rights and easement to use for a way the
following parcel of land situated on Old. Cart Way in said
Town of North Andover and bounded and described as
follows:
The roadway shown as Old Cart Way from station 0 + 0
to 8 + 70. 25 as shown on a plan which was approved by
the North Andover Planning Board, said way being shown
on a plan of land entitled, "Subdivision Plan of Land
of Teoma Estates in North Andover, Mass. , drawn for
Domenic Teoli and Paul Maus, Rev. April, 1985,
prepared by Merrimack Engineering Services, 66 Park
Street, Andover, Massachusetts, 01810, 11 ; said plan
recorded with the Essex North District Registry of
Deeds as Plan No. 9932 .
1
k ) j
Old Cart Way is more particularly bounded and
described as follows:
Beginning at a stone bound set in the easterly side of
Boston Street, Andover, Essex County, Massachusetts,
which bound is one hundred twenty-two and 04/100
(122. 04) feet south of an iron pin at the northerly
corner of Lot 1 as shown on said plan; thence
Southeasterly by Lot 1 as shown on said plan by a
curve to the left having a radius of thirty (30. 00)
feet, a distance of forty-five and 96/100 (45. 96) feet
to a stone bound; thence
Southerly by Lots 1, 2 , 3, 4 and 5 as shown on said
plan S 560-00'39" E, seven hundred ninety--four and
20/100 (794 . 20) feet to a stone bound; thence
Southeasterly by a 50' R.O.W. , Lot 6 and Lot 7 as
shown on said plan by a curve to the right having a
radius of seventy (70. 00) feet, a distance of three
hundred twenty-two and 86/100 (322 . 86) feet to a stone
bound; thence
Northwesterly by Lot 7 as shown on said plan by a
curve to the left having a radius of thirty (30. 00)
feet, a distance of forty-four and 12/100 (44 . 12) feet
to a stone bound; thence
Northwesterly by Lots 7, 8A and 9B as shown on said
plan N 560-00'-39" W, six hundred ninety-five (695. 00)
feet to a stone bound; thence
Southwesterly by Lot 9B as shown on said plan by a
curve to the left having a radius of twenty-five
(25. 00) feet, a distance of forty-two and 30/100
(42 . 30) feet to a drill hole set in . a stone wall;
thence
Northeasterly by Boston Road as shown on said plan, N
310-46'-27" E, ninety-eight and 30/100 (98. 30) feet to
a stone bound at •the point of beginning.
Said land is subject to easements to the Massachusetts
Electric Company dated August 8 , 1985, and recorded in
said Registry in Book 2031, Page 177, and to easements
to the New England Telephone and Telegraph Company
dated September 4 , 1985 and recorded in said Registry
of Deeds in Book 2040, Page 4 .
The grantor warrants that the aforesaid easements are
free and clear of all liens or encumbrances, that he has good
title to transfer the same, and that he will defend the same
against claims of all persons.
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For grantor's title see deed from Domenic A. Teoli, et
al dated October 4, 1985 and recorded in Essex North District
Registry of Deeds, Book 2057, Page 2870 and by deed from
Lorin Corp. to Bruce M. Patterson et al dated January 11,
1990, and recorded with said Registry of Deeds in Book 3054,
Page 306.
And Shawmut Mortgage Company, a Connecticut corporation,
of 433 South Main Street, West Hartford, Connecticut the
present holder of a mortgage on part of the above described
land to Bruce M. Patterson, et al, which mortgage is dated
January 11, 1990, and recorded in said Deeds, Book 3054, Page
308, for consideration paid, hereby releases unto the town
forever from the operation of said mortgage, the rights . and
easements hereinabove granted and assents thereto.
IN WITNESS WHEREOF we have hereunto set our hands and
seals this day of 1991.
� , -f,ea5
DOMENIC A. TEOLI, AS TRUSTEE OF
TEOMA REALTY TRUST
MARYANNE R. MAUS, AS TRUSTEE OF
TEOMA R+ ' LTY TRUST
"-�R E "AT N
ht�V ,1�46 '4Al-
M. ROBERTA FOX
SHAWMUT MORTGAGE COMPANY
BY:
RICHARD E. MESSIER ITS
SENIOR VICE PRESIDENT
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