HomeMy WebLinkAbout1978-01-10 Legal Documents DEF SUB �` _� F t Y 'D K 15 8 G
Page 1 of 3 el i j
. h , FORM I
a
COVENANT w
¢�
Know all men by these presents that whereas the undersigned
is the presenttitle holder of certain lands shown on 'a plan of J
land entitled "Definitive Plan of Land of the Bridges located in
e
North Andover, Massachusetts" dated November 1, 1977 which plan.
„ r�r•1� "� �. ` . 'is recorded in the North Essex Registry of Deeds as Plan 48012;
and whereas said plan was approved by the forth Andover Planning U/-
'P Board by action of law without the filing of a performance bond
or other security; and whereas the undersigned has requested the
f Board at this time to accept the following.covenants and agreements i
in lieu of a performance bond,
E�� ,�W to 3�"S •.......—:.- ,.•...,_ _ ... ., :. .. :.,' 1. 4r4 ,
THIS A01IFF14ENT N1T:VFSSFTH that In considerat,totl
at Ai r s of t. 0. ;'ort,li i+r.rlovs r Planning Board approving srtid pl.nn without
Y>:rngit I ring,a performative bond, and in consideration of one dollar In
ow I!i. ,pai4l, rrcolpt ,,t};er,3or is hereby ncknowledger) the undersigned �
" . 'Govan tnts end. A.,t'Ceti tri Lh the a Town of ;urLh .lndovor'cis foll owa: -
_ .. •� Y F
err!ll_:my_7ot_1r1.-_L1,g._ssisNivis•1pri_ or..• 1
1 r:iaat or plcsce t:ty pul—i,tnent building on !iny :..!oh lot until the --
3r 1:0nstrtiotton of :;•iys anri :avanlLipsl sjrvI.eea nercar,ary to serve LSJ�G�I/��-- ,
y" lrrl , tLnly such lot haz; bocn ce,,ipleted in the manner specified
in .the tifurr.:;;tLd np-,ftlention, ind in eceord'.ince with the
covr.rs•zntn, conditions, agreements, termer and provisions thereof. -
4 J'731 J-4a a q :
?.. This .,treei:tent shall be binding upon the executors, admini-
i .,is;:-•'v'
�,i ;.. stratum, clavisees, heirs, successors and assigns of the
t ;
:#c und err,izaef
It is the irttrntion of the un4srsigned and it is hereby !snlir:r-
? ':>''. utood and a!;raasl th+it this cantrRCt' nhM1.1 constitute n �3Q" ss
covs:nnnt running with the land lnclulpti in the aforrr:wf.d . '.tb-
' 7p �p
division and shall operate as restrictions upon said Incbd, tL5 /ram r�/ / r t
`it is understood and agreed tbAt 'lots within the subdivIolon
rs;spectively, bo relensed .from the foregoing condii Inks (
t�+ x pon the rr-cording of a, cortifionte of perfor!;000 er.ecutr=i !rY d�/9a1 a79
a._'_r.�.jorl.t.y__of_c-A d__Pl__nn!uP ?oa,rd and anu•anrating the spr.oiFlo
Lots to be ao relonea+i,, rt7,1 na p 0VS.do3 by Suci•1on
,r..ntu •:>id cov nanLa 'L'c•st. 'Jn•3eraiSneil' i3
t� ' ,,•.-� o;,:,r!r� in .fee ria,ple of sill Liie 1.sind includod in the aforesaid
."Ibdivision and tl;!tt there sIre, no mortgngr+,s of racord or otlt:•r»
.., except s tch as are described beloit
.I-la on riny of aald land,
:tul,Grd irt,,ted to this cont.raot.,- and the present holders of f�G •_ I' ;,r
'tr!id mortiga!;rn have ansented to this contract.prior to its
7-- 7 L---.7—
t nxe,:,,LAon by the !undarsigned.
IVY
+tlf tttr.ro In more tbxin one owner, all munt ni gin
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_ ." '� }• �'�;�Es=-bra u
B H 18 2 0 :
189
„ C; The -Towrr of North Andover, a municipal corporation situated in the n
County of Essex, Comnonwealth of Massachusetts, acting by its duly 3
aryanized Planning 3oard, holder 'of.a >MVXKKKYJYhW 4QX-(K> 4r
3R#CgCd; _ _, Y and/or a Covenant dated I
�, 1 82 rom.ET..AL.Realty.T.rust TO
7Qx,.tne�Pj own of� North n?ndover
4 Z 7
Essex r Connty, pixsSaLh s tt5 recorded r. tth A ' =s
pi strict Deeds, Bonk 1586 =
The NonhSsezt_.—
Page 61 XXXXXi )i Cx) C 7F1 7C4C�C Xl4XX}.XKKX�Cs}CX�6 X a
_. �2JC _XIfKXdrt3Ci7�X�CX+xXi��C`1 +7E��EX7�7C?d47Qh�)4)CkKX --
�?�7��:AkK4QX 0 X Pat) PC , acknowledges sails fact ion,
of the terms thereof ari�hereby'rP,eases its right, title and in- 3 a
}' ' r terest in the l is signated on said plan as follows :
WAY, � 8C11_..2..e..._-.. —an N i r
EXECUTED as a sealed instrument this day of , 14
_-. —.----•--.---.-•--_...___-- ._T____ ...._. �-._____�____..___ __ ____ _ ..� __.._.__ wig-�' _
Majority of—thy _ -
Planning Board
of the Town of
` North Andover ``
y� COMMONWEALTH Or MAS5ACMDSETTS
CJ .ss. �`�`�'
TWir, personally appeared r one of tire
-._...-..� ._.._
tb'oye vaned members of the anninr� 13oa're �f�P own olarth Andover,
Kassa;h�sptt's 'nriii kknoWlhdoe'd"the-forogoiiri+ •ins-erument rn be the fre+a - --
,ct and deed of said Planninq Board, hefore me,
�.+Ls LA •I`� c,
Notary Pub'f i`c � ~;",�
• iry ,r�-,��,issiar�'�,F-gip;-r:�s�x._ .
Recorded Jens 11,1984 at 2:20FM A0053
tJ
ZI
vw
h
i
O-
FT
fy -
WAIVER OF STRICT COMPLIANCE
The undersigned, being a majority of the PLANNING BOARD OF
NORTH ANDOVER, heregy grants a waiver from the strict com-
pliance of Section 11 A, driveway Definition , of its Rules
and Regulations Governing the Subdivision of Land to Lots
33A, 34A, 35A, 36A, and 37 A, Vest Way of the Bridges Def-
initive Subdivision Plan, dated November 1, 1977 , recorded
in the North Essex Registry of Deeds as Plan No . 9070 .
Specifically, a waiver from the requirement that each drive-
way shall service no more than. one lot, except. f or multi-
family dwellings.
Said waiver is granted pursuant to M.G.L. Chapter 41, Section
81--R and is subject to strict compliance with the following
conditions :
1. That all work shall be in accordance with the Proposed
Site Development Plan at Vost Way dated February 23 , 1983
and shall be revised to show the following:
a) the width of common driveway
b) notation of driveway construction material
2. A driveway permit shall be obtained from the Highway Sur-
veyor.
3 . The, applicant will comply with the Conservation Commission
Order of Conditions dated March 18 , 1983 , DEQE File #242--184 .
4 . The Town of North. Andover shall not be responsible for the
maintenance or servicing of said common driveway. Notation
to be placed on the easement plan referenced in item 6 .a
of this waiver.
5. Each property deed for said lots shall explicitly detail the
homeowner' s responsibility for the. maintenance of the common
driveway. Notation .tQ be placed on the easement plan re-
ferenced in item 6 a of this waiver.
6 . Upon completion of the common driveway , the applicant shall
request a letter of compliance from the Planning Board and
the following sha11 be included in said request :
a) an easement plan of said driveway for recording at the
Registry of Deeds .
b) a letter from the engineer who prepared said plan stating
that work has been done -in accordance with plan. specifications .
c) a letter from the Fire Chief stating that adequate Ire
t �
WAIVER OF STRICT COMPLIANCE
-2-
protection can be supplied to each dwelling unit.
7. All work shall be completed in accordance with the above
stated conditions . Any deviation or non compliance shall
result in immediate withdrawal of this waiver.
1?awe �• Majority of
the Planning
Board of the
Town of North
Andover
• E
COMMONWEALTH OF MASSACHUSETTS
-
Essex, ss . 1983,
Then personally appearedeG"'..k Q 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 ,
Notary: Pu �i6l J.;1'1.
My Conlmi��ic,x; .fix ,re
Recorded June 13,1983 at 11:51AM #9032
j Page 1 of 3
FORM I
COVENANT
Know all men by these presents that whereas the undersigned
is the present title holder of certain lands shown on a plan of h
land entitled "Definitive Plan of Land of the Br idgeS located in
North Andover , Massachusetts" dated November 1 , 1977 which plan
is recorded in the North Essex Registry of Deeds as Plan #8012;
and whereas said plan was approved by the North Andover Planning
Board by action of law without the filing of a performance bond
or other security; and whereas the undersigned has requested the
Board at this time to accept the following covenants and agreements
in lieu of a performance bond ,
XOW TH":tiWFORF, THIS AGREEMENT WITNESSETH that in consideration
of the North Andover Planning Board approving said plan without
requiring a performance bond , and in eonsiderati on of one dollar in
{ hand paid , receipt ;whereof is hereby acknowledged , the undersigned
covenants and agrees with the Town of yort;h Andover as follows :
1 . The undersigned will not sell My lot in the subdivision or
q Pect or place nn,y perjuneat building on :any : 'ach lot until the
construction of ways and municipal serviccs necessary to serve
4 oquately such lot has been completed in the manner specified
in the aforesaid a 9lication, and in accordance with the
covet1vots, conditions, agreements, terms and provisions thereof.
2. This a reement shall be binding upon the executors , admini-
strators , devisees, heirs , successors and assigns of the
underoigned .
it is the intention of the undersigned and it is hereby oniar-
:Mood and agreed that this contract shall constitute a
covenant running with the land inclu ied in the aa=mav i d ?b-
division and shall operate as restrictions upon said laud .
It is understood and agreed that lots ,within the subdivision
shall , respectively, be released from the foregoing; conditions
ypon the recording of a certificate of perforMnce executed by
a ja jority of said Plonni.ng Poard and e.s.unerati.ng the spec i Vi_c
lots to be so releasedr all as provided by Secijon 81--U, G.L. c. !j
j, The undersigned reprpocnts qnd covenants t' at valOrsigned is e
owner* in fee simple of all the land included in the aforesaid
subdivision Wind that t1101A are t7o r;orq;ages of record or o'l' or-
wi.se on any of said land , except such as are described below
and subordinated to this contract , and the present holders of
;.yid mortgages have assented to this contract prior to its
oxecution by the undersigned .
„If there is more than one o;.ner, all Must
} (Page 2 of 3)
1N WITNESS 'hWiF,0? the undersigned , applicant as afor said ,
noes hereunto set his hand and seal thts��l�_day of wru , 19 ,C .
'deceived Applicant
by Town clerk ; signat re
Applicant ' s
James J. Philbih an alph P. Ciardiello ',
'.�ate� _ Trustees of Et Al R� ty Trust
754 Forest Street, North Andover , MA 0184
Time _—T-...---- Owner' s signatur n ad res not
the applicant
clells�
i gn a t u r s
7
Description of iiortgages :
Andover Savings Bank, Book 15 o
-North Andover _Associates ---
`Land/Vest Properties, Inc. , Book j,50FPage
Andover Savings Bank, Book ,,_P qe
Give�c0Inplete names and 3egistry of Deeds reference .
7
Asse of -es :
Richard Perkins , •Pre-s-kden Ric and Per ns , Pre s ._Land/Vest
North Andover s sociat 8
OF :rriS i AOiiI�SF�i'TS
"yen per: ovally appeared the above
and acknowledged the foregoing Instrument to be
free act and deed , before me .
Notary .Public
Nry cogintlssion expires : PA(916
Commnwealth of Massachusetts
Essex, ss. June 7, 1982
Then personally appeared the abc -named, Ralph P. Ciardie-U James J.
Philbin, Trustees of Et Al Realty rus and he ' got to be
their free act and deed. ll
Before me,
o n I is r. ar u is
mmissio expires: 11/29/85
t
Page 3 of 3
Assent of mortgagee .
ANDOVER SAVINGS BANK
By
A sistaht ice President
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. Date:
Then personally appeared Richard H. Mower, Assistant Vice President,
and acknowledged the foregoing to be the free act and deed of the
Andover Savings Bank.
Before me , '7 ^'
Notary Public
My commission expires : 11/26/87
FORM J
RELEASE FOP
The undersigned , being a majority oP tho Planning Board of the
Town of !North An(lover , hereby certify thatt !
a . the requirements for the construction of ":nyo and Nunicipml
servico�s called for eW' &"ZxrX*CWKXYL-"d +
dfyknXxx , l xxx(un xr4xby tho Covonant datod
June 7, �-} and recorded in the Diotrict Decda, Book ,
Page , —T& "Jg "4 x'1X
�x , ) has been zomp F-irtially completed , to the
setSsfaction of the Planning Board to adequately serve the
enumerated ] oto shown on Plan ontitlod '" Definitive Plan of Land of j
Bridges " recorded by the North Essex
Registry of Deeds , . �f�k , � x an o.
and said Iota are hereby released from the
restrictions as to sale and building spocified thereon .
Dots designated on said Plan as .follows :
Lots 32 to 51, inclusive
t
b. the wn of No t Andove , munici 1 corpo on situ ed in
tie ,ount of + , ommo o th o as achus s ac ng
b.Y is du y gan red anni B rd , hol r of a Pe form no Bond r '
or Surety, d . ed , 9 , (c d�o ) a C ven nt da ed Z
+
4 f m of t o VM of '
u ty, esa 'huset ,s ecor d It t
D strict e s , 90 k ► go , ( r giote ed in �
L nd Regi tr ')Is is as D cu ont, N an not o
C rti fica A f Ti e in He st ativ Bo k^
P r e , ac noirl dgv sat i fac on o t
rms th e and her by r le a s r aht, itl and nt est '
th � 1 s esig ate on at pla rye ollo►r '
Executed as a sealed . instrument this day of J , 19L _
Majority of the /f ('
Planning Board
of the gown of P
North Andover
COMMONWEALTH OF MASSACHUSETTS
s, __. 19
hen personally zPPPaTed , one of the above. named
members of the Planning Board of the Towfi of North. -An0o.ven,•
`�assachusetts , and acknowledged the foregoing instrument to. be ,the
free act and deed of said Planning Board , before me
,_)tary ; ib1 (-pn