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Home My WebLink About03-24-1976 Legal Documents DEF SUB � f !"M i me J I`hr' tanrler;�i.l,neri , being a tna,jorl.ty of the Planning Board of. the Town of North Andover, hereby certify that : as the requirements .for the construction of ways and municipal ''... services called for by the Performance Bond or Surety and dated 1.Vjand/or) by the Covenant dated_l._— _26 19T6d recorded in the District Br.eds , T3aok 1287__, Paf,e.. 656 ,: e -�r�* .mot .� ��.rm . __�»��_.�. nrl- ItrP1,;I- ry Woolf WAQ-Ov- &"As=wn n=d h-{s Men cnrnpl.€, tr;cl jl�;�.rt 1.:;11 y r,oiripl eted , to-the ,;ntlsfacrion of the Pl.,tnnl.n„ Board to rtdo(jra:ttel.y .,er've i;he rnumo rated lots shown can Ann enti.tl. cad "_Betnchmark Estates _ rr_corded by the Essex-North D str ct �� ]Ze,;I.Stry of 7)eerls , P1:in Book _ , P1rLn _-- 744_ _r _.. e-V.__ 1 c�{,t.:,tered in ,raid Land Rogiutry DI-strict , Plan — �) and said. Lott, are hereby -:f coin the re,trlctlonr, as to sale and building specified thereon . to be released Lots designated on sAd Pl tin/ao follows 13, 14t 150 16 and 17 rr,�lair c31 r�r;nlItt�,r;: . 1). ? tro Povi1 c) f:No-ri-,h Andover, a �imnlc; l. pal. cocpocut; tan In ill ';ratan ty of----.----------.---, Cn�rtn�r,n;ir;:tl th of 11:z:>t>rit:}a�tt.rr t tr; , :rr; t; 9 nd, 1)y it.i duly o'rg:tnlxe 1.' nnnIn{., Board , holder of a Perrocrfroic:r, z �rtri or 3t.arety, cl:tted , 19.r, (and/or) R Covenant datod _ w � 19—_, .from _ � f the 'ro,,,rrl County, ',X1a,,saobusetts recorded with the i}I.sl .ri.ct t)otrr} s , ?3ook - --� AIge _-----_� (or i, ttaci Rr.g.} t, E, t'y f)I.t�tri.et ;t.s---�o€:untE�nt No .� --- _,�nrl rtc, L�:d an C;ert.Ificat€; of Title No , Pr1f e ,� :k 1c nowlr, es :-:,atl.; fact Ion of the thnroof and h€:r Oby rel.r;;t;;c'.t, Its rtf;ht , title and Interest In the lots desi ,natcd on sold plan as Executed as a scaledi.ns trutnc,nt t} _ AAA/\ils-' �tay of Majority of t},e 1'.l:trtrtinr; of the 'town o f North Andover " CO,Mi DNlflSA:f,TH pF1 MASSACHU1SI',T'N1 lion pc't'r,onr� l l.y ;tpt�€ ,rr'd�_J_'/1� {'any cif. the �bovr; -n.-J,rrrE3cl of t1in Platltii.ti{; Do trrl�r7f tlae Tovni of Nc� r•th Aridover, Mrsnc:ht netts , and rtQnowl.t,dtied the for +gala{, Intatcttmont try lie Uio Me not and deed of said Planning Bo tr€i , he Core me NO t,...t_r.,.y..IN 6,is I.i .,y .L COVENANT KNOW ALL MEN BY THESE PRESENTS that whereas the undersigned has sub- mitted an application dated January, 26, 1976 to the North Andover Planning Board for approval of a definitive plan of a certain subdivision entitled "Benchmark Estates, Definitive Subdivision Plan of band Located in North , Andover, Massachusetts, Owned by Benchmark Construction- Co. , Scale 1" t��td��rves � 117L equals 401 , Datedi August 22, 1975, Revised December 22, 1975�and has I requested the Board to approve such Plan without requiring a performance bond, NOW,THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the North Andover Planning Board approving said Plan without requiring a per- formance bond, and in conformity with Section 81 U, Massachusetts General Laws , Chapter 41, covenants and agrees with the Town of North Andover as follows: 1. The ,undersigned will not sell any lot in the subdivision specifi- cally numbered 13, 14, 15, 16 and 17 on said Plan or erect or place any permanent building on any such lot until the construction of ways and municipal services necessary to serve adequately such lot has been com- pleted in the manner specified in the aforesaid application, and in accordance with the covenants, conditions, agreements, terms and provi- sions thereof. 2. This Agreement shall be binding upon the executors , administrators, devisees, heirs, successors and assigns of the undersigned. It is the intention of the undersigned and it is hereby understood and agreed that Uhi.s contract shall constitute a Covenant running with the land included in the aforesaid subdivision and shall operate as restrictions upon said land. It is understood and agreed that lots within the subdivision shall, respectively, be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of said Planning Board and enumerating the specific lots to be so released, all as provided by Section 81-U, G.L.C. 41. 3. The undersigned represents and covenants that the undersigned is the owner in f ee simple of all the land included in the aforesaid subdi- vision andthat there are no mortgages of record or otherwise on any of the land, except such as are described below and subordinated to this contract, and the presently holder of said mortgage has assented to this contract prior to its execution by the undersigned. Description of Mortgage: NONE jo .1i1 P 1 '.1 t,�,`�.,11' k , i IN WITNESS WHEREOF the 'undersigned applicant as aforesaid, does hereunto set its hand and seal this twenty-sixth day of July , 1976. BENC CONS CT / Co. , INC. s�5 n F. Comeau, resident COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. July 26 • , 1976. ' Then personally appeared the above--named John F. Comeau, President of Benchmark Construction Co. , Inc. as aforesaid,, and ackowledged the -foregoing instrument to be the free act and deed of said Benchmark'Construction Co. , Inc. , before me Joan M. Lorenzo Notary Public My Com mission Expires., May 24, 1979. t4� i ir' '! (1 `V-�' �•ilrl�'�:�1`±` +1�.�`i�1.1,,isi� i i�lIl i i —2— � � I 1 56 COVMAW KNOW ALL MEN BY WESE PRESENTS that whereas the undersigned has sub- mitted an application dated Janus 2fi 1976 to the North Andover Planning pp January � Board .for approval of a dofinitive plan of a certain subdivision entitled "Benchmark Estates, Definitive "4 vtston Flan of Land Located in North Z Andover, Massachusetts, Owned by Benchmark Construction Co., Scale X" equals 401, Dated$ August 22, 1975, Revised December 22, 1975`�; and brie t��q� requested the Board to approve ouch Plan without requiring a performance r? bond, NOW.THEREFORE, THIS AGREEM-NT KTNESSET1i that in consideration of the k. North Andover Planning Board approving said Plan without requiring a par- formance bond, and in conformity with Section 01-v, Massachusetts General L2 `��} Laws, Chapter 41, covenants and agrees with the Town of North Andover as X1> follows: 1 1. The undersigned will not sell any lot in the subdivision spaeifi- tally numbered 13, 14, 15, 16 and 17 on said Plan or erect or place any permanent building on any such lot until the construction of ways and municipal services necessary to serve adequately such lot has been corn- „k pleted in the manner specified in the aforesaid application, and in accordance with the covenants, conditions, agreements, terms and provi- sions thereof, 2. This Agreamsnt shall be binding upon the executors, administrators, devisees, heirs, successors and assigns of the undersigned. It is the intention of the undersigned and it is hereby understood and agreed that this contract shall constitute a covenant running with the land included in the aforesaid subdivision and shall operate as restrictions i li upon said land. It is understood and agreed that lots within the subdivision shall, respectively, be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of said Planning Board i t and enumerating the specific lots to be so released, all as provided by ! Section 81-1U, G.L.C. 41. r 3. The undersigned represents and covenants that the undersigned is the caner in fee simple of all the land included in the aforesaid subdi- vision aAd that there are no mortgages of record or otherwise on any of the y land, except such as are described below and subordinated to this contract, ; 1� and the presently holder of said mortgage has assented to this contract prior to its execution by the undersigned. f!` k� cription of Mortgage: ,6 11ECElV I'll �C NONE 6 , �u awl s