HomeMy WebLinkAbout07-31-1987 Form I Covenant FORM I
COVENANT
El3�il�9op 19
A142zZZNdL MA
KNOW ALL MEN by these presents that the undersigned has
submitted an application dated Nfjtt .a:j—J/` , to the _t(1DG1� AJ-00VZ5P.
Planning Board for approval of a Definitive Plan of a subdivision
of land entitled:
plan by:_ !Gf-I G1 rf►'!/�t!4 / �N`�1 S c�fr i
,dated by:_j ► owned by: j 1-9 1 r- ! y 7-
address : UllC
land located:
and ,showing :9 proposed lot . The undersigned has requested
the Planning Board to approve such plan without requiring a
performance- bond.
IN CONSIDERATION of said Planning Board of /VM-71 A4j&t1,R'
in the county of L .1` approving said plan without
requiring a- per, forman-ce bond, the undersigned hereby covenants
and agrees with the inhabitants of the town as, follows:
J
I. 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. l�(p�1 ,
Page I of 4
/
d . The Definitive Plan as approved and as qualified by h
Certificate of Approval .
e . Other document (s ) specifying construction to be
completed, namely,
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 to 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,
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 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 IVAe 7,+� s&' 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 grantee prior to
the release of the covenant; but not later than 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 .
Said covenant shall expire two. years from the date of
endorsement of the definitive plan.
Page 2 of 4
�3. 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 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• 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.
For title to the property, see . deed from
dated _Jy',U6 f-z r 1947 recorded in
Registry of Deeds, Book J6 -1
Page �2/7 or registered in Land
Registry as Document No. NQ— , and noted on certificate
of title No. IVA in Registration Book Nib Page
NA—
The- present holder of a mortgage upon the property is
The mortgage is dated 4 and recorded.
i /�/
n Registry of Deeds , Boole A ,
Page, or registered in �/� Land
Registry as Document No. and noted on certificate
of tittle No. MA- in Registration Book _, Page
#A— 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
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
release's all rights of tenancy by the dower or homestead and
other interests therein.
Page 3 of 4
I
7N WITNESS WHEREOF we have hereunto set our hands and ,seals A-I.o
this of tj pc,,tj 19 ,
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s.
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Acceptance by a Majority
of the P1 n.ing Board of
Then personally appeared the above named Karen DiRaffael and Kenneth DiiRaffael
and acknowledged the foregoing to be their free act and deed, before me.
State of: : Massachusetts
County of: . Suffolk'
Signed this _ day of March, 1988.
Notary Public
My Commission Expires: July 20, 1990
Essex,SS: Commonwealth of Massachusetts March 24, 1988 _ —' ;.e.-'
Then personally appeared the above name Paul A. Hedstrom, Chairmon.and ,acknowrledges
the foregoing instrument to be his free act and deed before me.
otary Public
My Commission Expires: September 9, 1994
Recorded Nar.28,1.988 at 11 : 34AMI /Y64-40
ESSEX
EM
Y rJ '
f 34
REGISTRY QE DEEDS
Norther District of Essex SS
RECEIVE ��/� 19a
at /m m
ALSO
Page / .
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ATTEST
RMSTER OF DEEDS