HomeMy WebLinkAbout1983-09-26 Legal Documents DEF SUB FO RM I
COVENANT19
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-North Andov r ,Massachusetts'
KNOW ALL MEN by these presents that the undersigned has submitted an
application dated August 1 , 198� to the Nor`th, Ando er Pl a n n i ng
Board for approval of a Definitive Plan of a su divi Jon of and entitled :'
"Fuller Meadow" pl an b Richard F.
Kamzns and Assoc. , Tnc. , dated ; ugu'st 1 ,19 3 , and
owned y : Forth Andover Associates address : 14 Kilbv 'Street,
Boston, Massachusetts , 1 and l ocat'ed • Fuller Meadow
Road, North Andover MA and shoaling 5 proposed
Tots . The undersigned has 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 approvi ng said 1) ah Wit out 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 conveyn lot i
any n the subdi -
vision 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 accor-
dance with the covenants , conditions , agreements , terms and provisions
as specified in the following ;
a . The Application for Approroval of Defi ni.ti ve 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 September 26,
1983
d. The Definitive Plan as approved and as qualified by the Certi -
ficate of Approval .
-e . Other document (s ) specifying construction to be completed , E
namely , ,
( Page 1 of 3)
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However , a mortgagee who acquires title to the mortgaged premises
by foreclosure or otherwise and any succeeding owner of the mortgage
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 foreQoina conditions upon the recording of a certificate of
performance executed by a majority of the Planning Board and enum--
eratina the specific lots to be eleased .
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
North Essex County Registry of needs , forthwith , or to pay
t e 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 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 . .
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 1/
the Planning Board shall release this covenant by an
appropriate instrument', duly acknowledged . 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 recor
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 se.curinn by one , or in part by
one and in part by another of the methods described in M . G . L . , Chap'
41 , Section 81-U , as long as such security is sufficient in the
opinion of the Planning Board to secure performance of the con-
struction and installation .
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For title to the property ,
r recorded xixr Kx
dated Aia 29 1973
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Land Registry as Document No . and noted on certificate of title;.
No . b987 , in Registration Sow page 1Sa,
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IN WI NFSS WHEREOF we have hereunto set our hands and seals this
of
��— 19 b�
NORTH ANDOVER ASSOCIATES,
By: Lana/Vest Properties, in,
Gener.al Par the
By:
rehard F. Perkins
Acceptance by a Majority :Q
the Planning Board of
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CLERK'S CERTIFICATE
1, Sarah J. Paille, hereby certify that ;
1 . 1 am the Assistant Clerk of LandVest Properties, Inc. (tile "Corporation") ,
which is the general partner of the Limited Partnership (the "Partnership") , and
as such I maintain the records of the Corporation.
2. The Partnership is a duly organized and validly existing limited partnership
formed pursuant to Chapter 109 of the Massachusetts General Laws and in accordance
with the terms of a written agreement of limited partnership dated July 23, 1970. In
accordance with the aforesaid agreement of limited partnership and the Partnership's
certificate of limited partnership, the Corporation is authorized to acquire and own
real estate, to manage, operate, maintain, develop, improve and generally deal with
such real estate and to sell, exchange or otherwise transfer such real estate. Any
person dealing with the Partnership or its properties shall be entitled to rely fully
on any deed, mortgage, contract, note or other instrument signed by the general
partner- in the name and on behalf of tine Partnership.
3. Pursuant to a duly adopted consent of the Board of Directors of the Corpor-
ation dated May 13, 1982, which consent has not been altered or amended and is
still in full force and effect the following persons are authorized, to the extent stated
hereafter, to purchase real estate or interests therein, on behalf of the Corporation
in its capacity as general partner of any limited partnership then in existence: or
thereafter formed of which the Corporation is the sole general partner, to borrow
any portion of the purchase price or whole thereof, to sell any real estate or interest
therein owned by any such limited partnership on such terms and conditions as such
person determines, and to execute, seal, acknowledge and deliver- purchase and
sale agreements, mortgage deeds, deeds or other documents which Stich person
determines to be necessary or desirable to carry out the terms of any such purchase
or sale
The President, any Vice President or any Regional Manager of the
Corporation may execute a covenant and a conveyance of easements
and utilities regarding Fuller Meadow as shown on Definitive Subdivision
Plan of Fuller Meadow, North Andover, Massachusetts, dated August 1,
1983 and revised September 29, 1983,
4. Richard F, Perkins is now and at all times pertinent hereto has been the
duly elected President of the Corporation,
WITNESS my hand and the seal of LandVest Properties, Inc. , this 13th day
of December, 1983.
C� r
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rah J . Paille `Assistant Ckvrk ~
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FORM d
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 the Performance Bond or Surety and dated
19 .' and/or by the Covenant dated
December 13, , 19 83 and recorded in District
{F Deeds , Book ---- , Page ---- or registered in North
Essex Land Registry District as Document No .
35581 and noted on Certificate of Title No , 9371 in Regis -
tration Book 64 , Page 289 has been completed/partially
completed , to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled " Fuller
Meadow, Section ( s ) Sheets 1-5
Plan dated --August -1 19' 83 recorded by the
-- Registry of Deeds , Plan Book --- Page ---
or registered in said Land Regi stry Di stri ct , Plan Book --- ,
Plan 36903J and said lots are hereby released from the re
stri ctions as .to _sale and bui l di nq specified_ thereon
Lots designated -on said -Plan .as follows ; ( Lot number( s ) and streets } }
Lots 48-52 Fuller Meadow Road,_. North Andover
-b_. _
.. _ (7o be _a._ttes.ted to by a Registered Land Sur-veyor) -- -
I hereby :cert_ify that lot .number( s ) 48 -49, 50, 51- & -52 (Foimer�y 47)
on FULLER MEADOW ROAD Streets )
do conform to 1a out as shown on Definitive PT_an entitled
FULLER MEADOW PLAN OF LAND
NORTH ANDOVER, MASSACHUSETTS Section Sheets I through S
DATED -AUGUST-. 1; _ -
_ _� OF
Revised..Beptembe,r 29, _1983 P
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RICHAR e J{I CI F Ian ASSOC.
Regi s t e . LMW4?.0 or
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(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 , 19 , and/or a Covenant dated
December 13 , , 83 from Land Vest Properties, Inc.
of the Ci ty/Town of —
County , Massachusetts recorded with
t- e North Essex Di stri ct Deeds , Book ---
Page` - , or registered in Land Registry- District as Document
No . 355$1,� and noted on Certificate - of Title No . 9371 Jn
Registration Book Page 2g , acknowledges sates action
of the terms thereof�ereby releases its right , title and in-
terest in the lots designated on said plan as follows :
EXECUTED as a sealed instrument this day of , 19��
Majority of the &kJ
Planning Board
o'f the Town of '
North Andover
- COMMONWEALTH OF MASSACHUSLTTS
to 77�
,ss _ 1
Then person-al1y -appear-ed- one of the
above named--members of -thel-Pl anni ng. Board- o-f -the Town oF North. Andove.r,s-
Massachusetts and acknowledged the foregoi nn i ns Lrument to ..be the free__ -_
act and deed -of- said Plarining Board.,= before me ,
Notary Public
- My Commissi n Expires6MI
( Page 2 of 2 ) --
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
North Andover Associates of Boston
Suffolk County , Massac u -etts ; for the
consideration of hereby grants , transfers and
delivers unto the town of North Andover , 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
n or sewers with any manholes , pipes , conduits and other appurtenan-
ces , ( 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 fo regoi nc , including the right.
to pass along and over the land f?f tAe fo said �ur o
through and under the whole of er e ow � a s Mn. , v ib-
g ron an o Fuflereaw v ,
dated Au .1,1983 and revised Sept.29,,/ d Plan is made and said plan is
- - incorporate erein far a comp ete and detailed description of said
roads .
B . The perpetual rights and easement to use for drainage .purposes
the following parcel of land situated on Lot 51 Fuller Meadow Rd-.*
Street in said town of North Andover
and bounded and described as follows :
Easement A as delineated on "Definitive Subdivision Supplemental
Easement Plan, Fuller Meadows, North Andover , MA" , dated August 1 ,
1983 and revised September 29, 1983 .
Containing 1 ,690 sq. ft. and bounded as shown on . said Plan.
The grantor warrants that the aforesaid easements are free and clear .'
of all liens or encumbrances , that he ( it ) has good tittle to trans -
fer the same , and that he will defend the same against claims of
persons .
For grantor ' s title see e:d:: s€x�ar�c�� xx� x� �xlaxx � xx
do<bax&xxxMayxRA*XJ222xxxxxxxxxxxxx>;x xxxxxxxxaOX&xme�(N(xKdadxxxxRj&Sjmxxx
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69 rxunder Certificate of Title No .
6987 , registered in North Essex District
of the Land Court , Book 47 Page 153 dated 5/24/73.
To be completed if a mortgage exists : Not Applicable
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NORTH ANDOVER ASSOCIATES
By- "and/Vest Prop aes, Inca
�ner al ,Par t
Richard F Perkins
Authorized signature of Mortgagee Owner
f IN WIT SS WHEREOF we have hereunto set our hands and seals this
f 13� day of 1r�-C� , 19 &1' - .
COMMONWEALTH OF MASSACHUSETTS
s s _ r
Then personally appeared the above named3�cl�a,rd Pcrl:►
and acknowledged the forego'ina to be 1�� r free
act and deed , before me .
Notary Public
My Commission Expires :
140TE : This conveyance is not effective until accepted by Town Meeting
or the Board of Selectmen .
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( Page 2 of 2)
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MUM fflfl
TOWN OF NORTH ANDOV• ER
MASSACHUSETTS
F p
Y y
C H UStt
May 11, 1984
Mr. Charles Foster
Building Inspector
Town Hall
North Andover, MA
RE: Lot Releases
Dear Mr. Foster:
The following lots have been released by the North Andover Planning Board
FULLER A'rMEADOW SUBDIVISION� ~^ ^ISION Lots 47, 48, 49, 50, 51
BEAR HILL SUBDIVISION Lots 65-71, 32-37, 21B, 22A, 23A, 24A
25A, 26A, 27A, 28A, 29A, 30A, 31A
78, 79
Sincerely,
FOR THE PLANNING BOARD
C'.
Paul A. Hedstrom
Chairman