The URL can be used to link to this page

Home My WebLink About1973-11-29 Legal Documents DEF SUB COVENANT Know All Men By These Presents that whereas the undersigned has submitted an application dated September 13, 1973 to the North Andover Planning Board for approval of a definitive plan of a certain subdivision entitled Definitive Plan "Appledore" North Andover, Mass. by Hayes Engineering Co. and datedSeptember 10,1973, and has 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 performance bond, and in consideration of one dollar in hand paid, receipt whereof is hereby acknowledged, the undersigned covenants and agrees with the Town of North Andover as follows: 1. The undersigned will not sell any lot in the subdivision 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 completed in the manner specified in the aforesaid appllcation, and in accordance with the covenants, conditions, agreements, terms and provisions 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 under- stood and agreed that this 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 fee simple of all the land included in the aforesaid subdivision and tM, there are no mortgages of record or otherwise on any of said land, except, such as are described below and subordinated to this contract, and thet present holder of said mortgage has assented to this contract prior to its execution by the undersigned. Description of Mortgage: Essex Broadway Savings Bank North District Essex Registry of Deeds Book 1088 Page 49 i IN WITNESS WHEREOF tho- undersigned, applicant as aforesaid, does hereunto , set its hand and seal this 7th day of January 1974. METHUEN CONSTRUCTION CO, , INC. 1.00 Lindberg Avenue, Meth en,;arC46-9) tts By Applicant S UTTT'ON HILL CORP. North Andover, Mass. _ By kCAAASOC • �S� �. , t vedq*� To Clerk: Assent of Mortgagee; ESSE, ROADWAY AVINGS PANK B „ ry y COMMONWEALq Or MAS HUSETTS Essex, ss, I January 7, 1974, Then personally appeared the above Russell W. Knight, aforesaid, and acknowledged the foregoing instrument to be the tree act and deed of Sutton Hill Corp. , before me -ys / YPr�a ,�1u., ✓/ r� M., Y. / Notary PttWic My Commission expires: COMMONWEALTH OF MASSACHUSETTS �� Essex, ss, January 7, 1974. Then personally appeared the above named Leon G. Asadoorian, President and Treasurer aforesaid, and acknowledged the foregoing instrument to be the free act,,_and•--dp-ed,--. of Methuen Construction Co. , Inc. , b9f-ot6 me l. rab "4. .'Barr Notary Public �� My Commission expires: �rz _n6.y 197.4 stjC �, -�..� Qex f� f ,. } MIS SUBDIVISION CONTROL AGREEMENT SECURING THE CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES AGREEMENT made this 22nd day of September , 1975 by and between Appledore Associates, a Limited Partnership, duly formed and existing under Chapter 109 of Massachusetts General Laws, with a principal place of business at thecEfices of Desun Corp. , 451 Andover Street, North Andover, Essex County, Massachusetts, hereinafter referred to as the "Applicant"; Malden CO-Operative Bank, hereinafter referred to as the "Lender" ; and the Town of North Andover, acting through its Planning Board, hereinafter referred to as the "Board", vis: WHEREAS, purusant to the provisions of the Massachusetts Subdivision Con- trol Law and the Board's Rules and Regulations adopted thereunder, the Board has approved a definitive plan entitled: "Definitive Plan Appledore, North Andover, Mass. , Scale 1"=40' , Engineer Hayes Engineering Inc. , 828 Lynn Fells Pkwy. , Melrose, Mass. 02176, Date: Sept. 10, 1973" said plan being recorded in North Essex Registry of 'Deeds as Plan No. 7021. The Applicant and the Board have agreed upon conditions of approval, which conditions have been inscribed on said Plan No. 7021 recorded in said Registry of Deeds, which conditions are as follows: 1. That the record owners of the subject land forthwith execute and record a covenant running with the land or otherwise provide security for the construction of ways and the installation of municipal services building within said subdivision. 2. All improvements and design standards shall meet the requirements of the rules and regulations governing the subdivision of land in the Town of North Andover in effect on the signing of these plans. 3. Water installation shall be in accordance with the Board of Public Works. 4. Sewer installation shall be in accordance with the Board of Public Works. WHEREAS, the Applicant has granted to the Lender a mortgage dated July 3, 1975, recorded in the North Essex Registry of Deeds in Book 1262 , Page 759 covering Lots 1-31 inclusive as shown on said plan as security for the payment of a certain note in the principal sum of $300,000.00, and WHEREAS, the Lender, has withheld $160,000.00 of said principal sum to be disbursed to the Applicant as and when municipal services shall have been installed and ways constructed pursuant to said plan, said Rules and Regula- tions, and Restriction Agreement; NOW, THEREFORE, it is understood and agreed that the Lender shall retain the sum of $83,440.00 deemed by the Board to be sufficient, releasing only such funds from time to time as approved by a vote of the Board as the munici- pal services and ways shall be deemed to have been completed or partially completed in accordance with its applicable rules and regulations: -2- It is further understood and agreed that all of theve services and ways shall be completed no later than 1976 ; unless the date 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 as 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 purpose,, and to have re- linquished all claim to said funds. The obligations of the parties hereunder are to be construed consistent with the subdivision control law and no rights granted thereunder are waived. Executed as a sealed agreement on the date first above written. TOWN Or, NORTH ANDOVER PLANNING BOARD By Ah a i ri'a—w acting for the Town of North Andover. MALDEN CO-OPERATIVE BANK ef APPLE ASSOCIATES DESUN ORP. , ne I Partner By s"adoorian, P esident and Treasurer -3- COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. Then personally appeared the above-named W111-JI)m and acknowledged the foregoing instrument to be the free act and deed of the North Andover Planning Board, Before me, fi Notary Public My Commission Expires :/,/r�!% ,15", f" COMMONWEALTH OF MASSACHUSETTS MIDDLESEX SS. September 22, 1975. Then personally appeared the above-named Frederick R. Downing, Assistant Vice President, and acknowledged the foregoing instrument to be the free act and deed of the Malden Co-Operative Bank, Before me, Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. Then personally appeared the above-named Leon C. Asadoorian and acknowledged the foregoing instrument to be the free act and deed of Desun Corp. , Before me, Notary Public My Commission Expires : My COMMISSION EXPIRES SEPT. 25j 198K -4- Partial RELEASE Of Covenant The North Andover Planning Board hereby releases Lots 1-11 inclusive and Lots 17-31 inclusive as shown on the definitive plan entitled: "Definitive Plan Appledore, North. Andover, Mass. , ScR1e 1"=40' , Engineer Hayes Engineering Inc. , 828 Lynn Tells Pkwy. , Melrose, Mass. 02176, Date: Sept. 10, 1973" said plan being recorded in North Essex Registry of Deeds as Plan No. 7021 from the covenant outlined inihe Restrictive Covenant from Sutton Hall Corp. and Methuen Construction Co. , Inc. dated January 7, 1974 and recorded in the North Essex Registry of Deeds Book 1235, Page 294. Restrictions remain on Lots 12 to 16, inclusive. Signed TOWN Or, NORTH ANDOVER PLANNING BOARD inll� COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. 1�'1J /�l�`3,Llr' 1975. Then personally appeared before me �L1/f//�t (•f � ,�' �� I and acknowledged the foregoing instrument to be the free act and deed of the Planning Board, Town of North. Andover, Notary Public My Commission Expires: ,� jlt! . - f c�'2- RETEASE - 7— The North Andover Planning Board hereby releases Lots 12 to 16 inclusive as shown on the definitive plan entitled: "Definitive Plan Appledore, North Andover, Mass. , Scale 1"-40' , Engineer Hayes Engineering Inc. , 828 Lynn Fells Pkwy. , Melrose, Mass. 02176, Date: Sept. 10, 1973" said plan being recorded in North Essex Registry of Deeds as Plan No. 7021 from the covenant outlined in the Restrictive Covenant from Sutton Hill Corp. and Methuen Construction Co. , Inc. dated January 7, 1974 and recorded in the North Essex Registry of Deeds Book 1235, Page 294. I-11OWN ( F )RI1111 AtqDOVER PLANNING BOARD Signed -- By COMMONWEA1,11.11T OF HASSACHUSIsTTS ESSEX, SS. C 1976. f" Then personally appeared the above named — and acknowledged the foregoing the PlanningPlanning Board, Town of North Andover, before me Notary Prd.)lic My Commission Expires :