HomeMy WebLinkAbout1984-08-17 Legal Documents DEF SUB FORM I .
COVENANT
Octo,ber 1984
North Andover ,Massachusett,
KNOW ALL MEN by these presents that the undersigned has submitted an
application dated May 7, 1984 , to the North, Andover Planning
Board for approval of a Definitive Plan of a subdivision of land entitled
The Panes , Appleton Street , plan by :Thos.E. Neve. Assoc Inc
North Andover Mass , dated :.May 7 •1984- , and
owned y :Tuttle - Simon - Tymvakiewiz address : s n Rd.
- land locate . tnn
and showing 47 .' proposed
ots , 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 approving said p an- wit out requiring a
performance bond , t e 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 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 provision
as specified in the following :
a . The Application for Approroval of Definitive Plan ( Form C ) .
f h e S+abdivi ion Control Law and the Planning Board ' s Rules and
Reg iation . governing this subdivision ,
ow fertifi {:ate of Approval and the conditions of approval spe -
ii d tin( rei �i , issued `}v Lhe Plann � nq Board , dated Auci�st 6, 19$4
lt� i i F! i i. , ; �� �� .�� � ,�:�f� �i „ Eire i .fi ed by F. he Curti
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o c C.nip i e t e d ,
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Qwever°`; a ,e ortgagee ,,wha,:.acgui.,,r.es title ; to,. ,the mortgaged ;.premises
s
brec]o's' re, or �oth'erwise .and; any succeedincr owner of the mortgaged
,,. se11 or convey; anY',A0t, .s8 ee only to
premises,�.or pairt . thereof: may'
that 'portion of. this �covenant:,which provides that no lot be so]d
or ;conrreyed or shall be;: built 'upon until 1 ways and ser:vies have
been provided to serve ;such lot .
3. 7hat.. this covenant shal�,l be binding upon the executors , adminis -
trators , devisees , heirs , successors and assigns of the' undersigned
and.: shall constitute a covenant
running
restrictions land
uponincluded
landtn
the subdivision and shall operate
y4. Oat particular, lots within the subdivision shall ;•be released from
the foregoing conditions upon the recording of a Certif.ic:a;te of
performance executed by a majority of the Planning—Board and enum-
e,r•:at i,n9,;the Specific lots to be released..
5 7hat not herein.. sh" 11 . be .deemed to prohibit a conveyance by a
n�le :`deed subject tothis, covenant, of either the e.n.tire par
. : cel
of Vand >`s'hown on the subdivision plan or of all 10 s,,,, pot previously
rel:e:ased, by the Planning. Board.
6v, 'Chat the undersigned agrees to record this covenant with the North
pis ,G�Py� county Registry of Deeds , forthwith , or to pay
the necessary recording fees to the said Planning' Board in -the event
the Plannina Board shall record this agreement forthwith . Reference
.to. this ,,covenant shall be entered upon the Definitive Subdivision
Plan as approved .
7 . R deed or any part of the subdivision in violation of the covenant
shal ] 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 , A .G. L .
S . That this covenant shall be executed before endorsement t f aeffectl
of the definitive plan by the Planning Board and
shall upon the .endorsement of approval .
9 . Upon final completion of the construction of ways and installation
of municipal services as specified herein , on or beforeAULIST._�n�, 6
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 recorde
10 . Nothino 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 securinn by one , or in part by
one and in part by another of the methods described in t4 . G . L . , Chaptc
.1 , Section 814 , as long as such security is sufficient in the
, p.inion of the -Plann-inn. Board to : secure performance of the con-
struction and installation .
i
f
ee Ad nd m tacked h3reto
or ti e oie property ; . see deed from ,
dated recorded in
eg� strr o
Deeds , 'Boo ck , Page or registered in
Land Registry as Document No , and noted on cer,ificate of title
No . —, in Registration Book , Page _
The present~ holder of a mortgage upon the property is « ,.,, cooner.._• eve
Bank of Concord of Concord, Massachusetts
TT�e—mortgage is datea February 9 T and P97torded n r-� �y� : �,-t►,__
District Registry of Deeds , Boo < Page 53 or !�ayi stere
in Lan egistry as Dcc .:,t!ent No • ,
and noted on certificate of tit e No . in Registration 5cc; ,
Page The mortgagee agrees to oTa the mortga(.,e subjec , to e
covenants set forth above and agrees that the covenants shall `1 .! ve the
same status , force and effect as though executed and recorded :afore
the taking of the mortgage and further agrees that the mortgage shall
be subordinate to the above covenant.
spouse of the unders4oned apclicant
hereby agrees that such interest as I ,• we may have in the pren, ses shall i
be subject to the provisions o; this covariant and insofar as is �iecess -
ary releases all rights of tenancy by tho wer or howestead a-d other
interests therein .
IN WITNESS WHEREOF we have hereunto set our hands and seals th ' s
of Y =yemha
19 84
Bear Hill De\-,•Ioonmen~ ^rust
B
` I e _ ons , rustee
Anne Tymv,i'�i ewi z r
Ma gar/t Simon
The Cowoerativo Bank o Concord
By
A deptanc', �y a Xoi,"9ri ty of
the l grin ; . Boar,- .) f
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11 J/3 ��
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RELEASE
The North Andover Planning Board does hereby release Lots
26 , 27 , 28 , 29 , 30, 31 , 32, 33 , 34 , 35, 41 , .2, 43 and 44 from
all restrictions on a definit,ive plan �ntAled "definitive
subdivision Plan of The Pines , , located in E.ppl.eton Street,
North Andover , Massachusetts , Thomas E. Neve, Associates, Inc .
Engineers , 477 Old Boston Road, Topsfield, Massachusetts dated
May 7 , 1984 and revised to November 14 , 1984" , which said Plan
is recorded with said Deeds as Plan No . 9664 , and as further
outlined in the "Subdivision Control Agreement Securing the
Construction of Ways and Municipal Services" recorded
herewith . Said lots are hereby . also releaseG from tha covenant
recorded at Essex North District Registry of Deeds at Book
1894, Page 134 and from the covenant recoro �d at Essex North
District Registry of Deeds at . Book 1894, Pace 137 . Said lots
are hereby also released from all restrir ;irns and conditions
contained in the Planning Board of the Town of North Andover ' s
approval of Definitive Plan, dated August 17 , 1984 and recorded
- with said Deeds at, Book 1895, Page 321 .
DATED: June f �, 1985 NORTH ANDOVER PLA IN BOARD
By : 1
COMMONWEALTH OF MASSACHUSETTS
[ I
ESSEX, ss . ''June l? , 1985
Then personally appeared the above named TSB W. lIIITZ. 04e
and acknowledged the fcregoing instrument
to be the free act and deed of e NORTH AND(" VER PLANNING BOARD
before me,
Not ry Public
My commi ion :xfires : lo
0463R
11/
SUBDIVISION CONTROL AGREEMENT SECURING THE
CONSTRUCTION 0? WAYS AND MUNICIPAL SERVICES
This Agreement is made this1,;Z41. day of March, 1985 by and
between Benjamin C. Osgood and Harriett G. Osgood, Trustees of
Dale Street Trust (under Declaration of Trust dated November 6,
1984 and recorded with the North Essex District Registry of
Deeds at Book 1694, Page 122) hereinafter referred to as the
"Owner " , Vanguard Savings Bank, a duly organized Bank under the
laws of the Commonwealth of Massachusetts with a usual place of
business in Holyoke, Massachusetts, hereinafter referred to as
"Lender" , and the Town of North Andover , acting through its
Planning Board, hereinafter referred to as the "Board" viz :
WHEREAS, pursuant to the provisions of the Massachusetts
Subdivision Control Law and the Board' s Rules and Regulations
adopted thereunder , the Board has approved a definitive plan
entitled, "Definitive Subdivision Plan of The Pines, located in
Appleton Street , North Andover , Massachusetts, Thomas E. Neve,
Associates, Inc . Engineers , 477 Old Boston Road, Topsfield,
Massachusetts dated May 71 1984 and revised to November 14,
1984" , which said Plan is recorded with said Deeds as Plan No.
9664 ; and,
WHEREAS, the original Applicants and Board agreed upon
conditions of approval, which conditions have been inscribed on
Deeds, and as
said Plan No. 9664, recorded in said Registry of
contained in a Covenant recorded at the North Essex Registry of
Deeds at Book 1894, Page 134 and as contained in the covenant
recorded at the North Essex Registry of Deeds at Book 1894,
Page 137 and as noted in the Board' s approval of Definitive
Plan recorded with North Essex Registry of Deeds at Book 1895,
Page 321 ; and
WHEREAS, the Owner has granted to the Lender a Mortgage
dated November 19, 1984 recorded in said North Essex Registry
of Deeds at Book 1894, Page 148 covering the land shown as Lots
1-47 on said Plan No. 9664 recorded at said North Essex
Registry of Deeds , as security for the payment of a certain
note in the principal sum of $3,000,000 . 00 ; and
WHEREAS, the Lender has withheld the sum of $842 , 000 .00
of said principal sum to be disbursed to the Owner as and when
municipal services shall have been installed and ways
constructed opposite said lots pursuant to Plan No. 9664 and
pursuant to the above described conditions which are noted
thereon:
NOW, THEREFORE, it is understood and agreed that the Lender
shall retain the sum of $ 842,000_.00 deemed by the Board to
be sufficient, releasing only such funds from time to time as
are approved by a vote of the Board, as the municipal services
and ways shall be deemed to have been completed or partially
completed in accordance with its applicable rules and
regulations, such funds to be released according to the
following schedule :
2--
WORK UNDER THE JURISDICTION OF
THE BOARD OF PUBLIC WORKS $ 467. 500_.__
WORK UNDER JURIST}ICTION OF THE
HIGHWAY SURVEYOR $ 4�40,000.
WORK UNDER THE JURISDICTION OF
THE TREE DEPARTMENT $ 16,000.
TOTAL: $ 923, 500. 00-
It is understood that funds for the above services and ways
- are to be advanced by the Vanguard Savings Bank only through
written authorization of the North Andover Planning Board.
It is further understood and agreed that all of the above
services and ways shall be completed r y �ter than :
Binder : 10-1-85
Completion : -i g0
unless the date shall be extended by written amendment by
mutual agreement of the parties hereto.
i
In the event the work is not completed within the time set
1
forth or as extended, said funds retained by the Lender shall
be made available to the Board for completion of the work , and
the Applicant shall be deemed to have authorized the release of
i said funds for said purpose, and to have relinquished all claim
to that part of or all of said funds as shall be necessary for
the Board to complete the work .
The obligations of the parti,-a , lereunder are to be
construed consistent with the subdivision control law, and no
rights granted thereunder are waived.
This Agreement shall inure to the benefit of and shall be
binding upon the parties hereto and their respective successors
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and assigns
Execute ,, as a sealed instrument as of the date first above
written.
I ,
r:
E ( l ) DALE STREET TRUST
Ben min C. Ogaood, Trustee
14A4 4,
I: Trustee G Osgo d,
I
( 2) VANGUARD SAVINGS BANK
B
L
' Charles H. Turner , Executive
Vice President
Fi 4
( 3) TOWN OF NORTH ANDOVER
Acting through its PLANNING BOARD
BY
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss . June , 1985
ij
Then personally appeared the above named Benjamin C. Osgood
and Harriett G. Osgood, Trustees aforesaid, and acknowledged
the foregoing instrument to be their free act and deed , before
me,
f
(L--Notary Public
Commission expires :
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COMMONWEALTH OF MASSACHUSETTS
i{ ESSEX, ss . June c , 1985
Then personally appeared the above named Charles H . Turner ,
Executive Vice President and acknowledged the foregoing
instrument to be the free act and deed of the Vanguard Savings
Bank , before me,
`' , ►:c•'� (-> . `,�T, jj Nota Public
I My commission expires :
j
COMMONWEALTH OF MASSACHUSETTS
i ESSEX, ss . June 1985
ii
�E
Then personally appeared the above named E2lCN YYr IIZJC b
and acknowledged the foregoing instrument to be
e free a( Eand deed of the FORTH ANDOVER PLANNING BOARD,
before rye,
i� N ary Public
My commi sion expires : 4A&� -V 9a
0464R
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WORK UNDER THE JURISDICTION OF $426, 000. 00
THE BOARD OF PUBLIC WORKS
WORK UNDER ►IURISDICTION OF THE $400 000 .00
HIGHWAY SURVEYOR
WORK UNDER THE JURISDICTION OF $ 16, 000. 00
THE TREE DEPARTMENT
TOTAL: $842 , 000 .00
It is understood that funds for the above services and ways
are to be advanced by the Vanguard Savings Bank only through
written authorization of the North Andover Planning Board.
It is further understood and agreed that all of the above
services and ways shall be completed no later
7jWP o*-sz., ro • r - es
than QoNeL6-nO4 gydr, t. M unless the date shall be extended by
written amendment by mutual agreement of the parties thereto.
In the event the work is not completed within the time set
forth or as extended, said funds retained by the Lender shall
be made available to the Board for completion of the work , and
the Applicant shall be deemed to have authorized the release of
said funds for said purposer and to have relinquished all claim
to that part of or all of said funds as shall be necessary •for
the Board to complete the work .
The obligations of the parties hereunder are to be
construed consistent with the subdivision control law, and no
rights granted thereunder are waived.
This Agreement shall inure to the benefit of and shall be
binding upon the parties hereto and their respective successors
and assigns.
3-
l
Executed as a sealed instrument on the date first above
written.
TOWN OF NORTH ANDOVER
Acting through its PLANNING BOARD
DALE STREET TRUST
Ben ' min C. 0/9
ood, Trustee
Harriett G. Cagood, TKkstee
VANGUARD SAVINGS BANK
C arles H. Turner, Executive
Vice President
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. uy'�-� �� , 1985
IC d
Then personally appeared the ab ve named `�"`��°Oa
and acknowledged the foregoing ins ment to be the free act
and deed of the NORTH ANDOVER PLANNI BOARD, b fo a me,
'totaray -PublicMy L4r-� exp(tres :
-4-
1
NUBDIVISION CONTROL AGREEMENT SECURING THE
CO -STP'ICTION OF WAYS AND MUNICIPAL SERVICES
i
RE : Pines Subdivision, North Andover , Massachusetts
Owners : Dale Street Trust i
This Agr,.ement is made this 3rd day of June , 1985 by and
between ( 1) ,enjamin C. Osgood and Harriett G. Osgood, Trustees
of Dale Street Trust (under Declaration of Trust dated November
1
i 6, 1984 and recorded with the Essex North District Registry of --
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Deeds at Book 1894 , Page 122) hereinafter referred to as the
EI
"Owner " , ( 2) Vanguard Savings Bank , a duly organized Bank under
i3
the laws of the Commonwealth of Massachusetts with a usual__ ' . _
place of business in Holyoke, Massachusetts, hereinafter
referred to as "Lender " , and ( 3) the Town of North Andover ,
acting throL ;h its Planning Board, hereinafter referred to as
the "Board" iz :
WHEREAS , pursuant to the provisions of the Massachusetts
Subdivision 7ontrol Law and the Board ' s Rules and Regulations
adopted thereunder , the Board has approved a definitive plan
entitled, "Definitive Subdivision Plan of The Pines , located in
Appleton Street, North Andover , Massachusetts, Thomas E. Neve ,
Associates, Inc. Engineers , 477 Old Boston Road , Topsfield ,
Massachusetts dated May 7 , 1984 and revised to November 14 ,
198411 , which said Plan is recorded with said Deeds as plan No .
;E 9664 ; and,
WHEREAS , the original Applicants and Board agreed upon
I
conditions c� pproval, which conditions have been .inscribed on
said Plan Nc , 9664 , recorded in said Registry of Deeds, and as
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contained in a Covenant recorded at the North Essex Registry of
Deeds at "..Buok 1894, Page 134 and as contained in the covenant
recorded az thq North Essex Registry of Deeds at Book 1894 ,
Page 137 aid ' as noted in the Board' s approval of Definitive
Plan recorded with North Essex Registry of Deeds at Book 1895 ,
Page 3 21 ; ai.d - --
WHEREAS, the Owner has granted to the Lender a Mortgage
E dated November 19 , 1984 recorded in said North Essex Registry
of Deeds at Book 1894 , Page 148 covering the land shown as Lots
1--47 on said Plan No . 9664 recorded at said North Essex
Registry of Deeds , as security for the payment of a certain
note in the principal sum of $3 , 000, 000 . 00 ; and
,, WHEREAS, the . Lender has withheld the sum of $ 923, 500. 00
of said principal sum to be disbursed to 'the Owner as and when
municipal �;ey . ices shall have been installed and ways
constructed opposite said lots pursuant to Plan No . 9664 and
pursuant t( the above described conditions which are noted
thereon:
NOW, TH)-REFORE, it is understood and agreed that the Lender
!i
i shall retain the sum of $ 923, 500. 00 deemed by the Board to
i be sufficient, releasing only such funds from time to time as
I
j are approved by a vote of the Board, as the municipal services
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and ways shall be deemed to have been completed or partially
I!
completed in accordance with its applicable rules and
�I regulations , such funds to be released according to the
i following schedule :
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COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. , 1985
Then personally appeared the above named Charles H. Turner,
Executive Vice President and acknowledged the foregoing
instrument to be the free act and deed of the Vanguard Savings
Bank, before me,
mac- �Q
Notary P lic
My commission expires :
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. ��� ��— , 1985
Then personally appeared the above named Benjamin C. Osgood
and Harriett G. Osgood, Trustees aforesaid, and acknowledged
the foregoing instrument to be their free acts and deeds,
before me,
Notary Public
My commission expires :
s- �9-i99a
0262R
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