HomeMy WebLinkAbout1984-10-02 Legal Documents DEF SUB FORM J
RELEASE FORM
The undersigned , being a majority of the Planning Board of the Town
of North Andover ,- Massachusetts , hereby certify that :
a , the requi reme'iits for- the construction of ways and municipal services
called for thn the Performance Bond or Surety and dated
Aril , 19 85 and/or by the Covenant dated
October 25 19 85 and recorded in District
Ueeus , 3ovk � RBr , pvge 1.92 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 " Definitive Plan of
Land of Tucker Farms Section ( s )^�, Sheets 7
Plan dated Aucfust 30 19 84 recorded by the North
Essex Regi s try of Deeds , PI an Book - Page or registered in said Land Registry District , Plan Book
Plan 9640 and said lots are hereby released from the re-
strictions as to sale and building specified thereon . T
Lots designated on said Plan as follows : ( Lot number( s ) and street( s )
'" 'Lots 1-15 mill Road
b ., ( Td be ' attested to -by a Registered Land Surveyor)
.1 he;reby certify that lot number( s ) 1-15
on' Mill Road Street ( s )
do conform to layout as shown on Definitive Plan entitled " Definitive
Plan of Land of Tucker Fay Section Sheets 7
"10,/, '9 815 Registered Land Surveyor .
PLANNING B0A D
(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 Board , holder of a Performance Bond or Surety
dated April , 19 85 , and/or a Covenant dated
Octol5er 25 , 19 84 from the Planning Board
of the City/Town of o r t h over
Essex County , Massachusetts recorded with
e District Deeds , Book 1886 ,
Page 152 or registers in Land ilegistry District as Document
No . and noted on Certi fi cate of Ti tl.e No . — in
Registrat o Book Page , acknowledges satisfaction
of the terms thereof and ereby release its right , title and in -,
terest in the lots designated on said plan as follows :
Lots 1-- 5 Tucker Farm Subdivision
EXECUTED as a sealed instrument this 9th day of 14ay 19' 85
Majority of the , —~
Rlanning Board
o f the Town of
North Andover
COMMONWEALTH QF MASSACHUSETTS
Essex ,SS . May 10, 1,985 19�
Then personally aF peared M-i-clugel- P. Roberts one of the
above named members of the Planning Board of the Town of North Andover ,
Massachusetts . anti acknowledged the foregoinn instrument to, b-el the free
act and deed of said Planning Board , before me , ',<�1+`1 ; ;'
REGISTRY OF DEED P �`� '�
Northern District of Ece�o ,`..� Notary P u h�i1�,c �
RECEIVED
4 T3._.rn ._. _l'. �� My C)o m m i s s 10 6! x p i'r e,r• -..�_ .
at O'CLOCK @ r�
C -_ "'
ALSO RECORDED Ili i , "
Page�--- ll` _,. . .
ATTEST
(Page 2 of 2 )
j
n
FO RM I
COVENANT
October 23, 19 34
, Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted an
application dated to the Plannina
Board for approval o a efinitive Plan of a su ivision of land entitled ;
Tucker � arms plan by : Christiensen En6 .
dated : 7723 rev .tS .) and
ownedy : :c)r es ea y rus address ; axzny ane
land located : hoa
and showing � 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
in the county of R's81 X a.pproving said p an 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 subdi -
vision or erector 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 accor- .
dance v4ith the covenants , conditions , agreements , terms and provisions
as specified in the following :
a . The Application for Approroval 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 l.:)_2_,ii,;
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 , Conservation Comtni.ssion order of conditions
( Page 1 of 3 )
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 built upon until ways and services have
been provided to serve such lot .
3 . That this covenant shall be binding upon the executors, adminis -
trators , 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 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 enum-
erating the specific lots to be released .
5 . That nothing herein shall be deemed to prohibit a conveyance by a
sinole deed subject to this covenant , of either the entire parcel
of iand 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
XXXXXXXXXXXXX County Registry of Deeds , forthwith , or to pay
the necessary recording fees to the said Planning Board in the event
the PIannina Board shall record this agreement forthwith . Reference
to this covenant shall be entered upon th•e 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 shell 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 OCTOBER 1 , 1986 '.
XXXXXXXXX the Planning Board shall release this covenant by an
appropriate instrument , duly ackn.owledaed . 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 . Nothino herein shall prohibit the applicant from varying the method
of se,curino the construction of ways and installation of rqunicipaI
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 I-? . G , L . •, Chapter
: 41 , Section 81-U , as long as such security is sufficient in the
opinion of the• PIannino Board to secure performon"ce of the con -
struction and installation .
i
3 )
{ Ila(,e 2 of
• A
For title to the property , see deed from Yankee Tech_nolol ,y _ ecru. ,
dated 3-30-84 , recorded in North Essex Registry of
Deeds , Book 1793 , Page 27 or registered in .
Land Registry as Document No . and noted on certificate of title
No , in Registration Bow Page
The present holder of a mortgage upon the property is :furbes
Realty Trust of 7 Bonn- Lane Ncrth Andover
The mortgage is dated 4-3 1 and recorded in ,forth
^ssex Registry of Deeds , Book 1793 , Page 2> or registered
in Land Registry as Document No . ,
and noted on certificate of title No . , in Registration Book ,
Page The mortgagee agrees to hold the mortgage subject to the
covenants set forth above and agrees that the covenants shall have the-_.__.. _
same status , force and ' effect as though executed and recorded before
the taking of the mortgage and further agrees that the mortgage shall
be subordinate to the above covenant .
` spouse of the undersianed 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 neces5 '--_...
ary releases all rights of tenancy by the dower or homestead and other
interests therein .
IN WITNESS WHEREOF we have here nto set our hands and seals this 2:')-th
of October, , Ig 04
MoIflas M 1-5 u da n TT7us Ewe
r es J . 1(PL 10in, Trus ee
Acceptance by a Plajority . of
the Planning Board of
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