HomeMy WebLinkAbout1989-05-05 Legal Documents DEF SUB FORM F
COVENANT
o7 2-
KNOW ALL MEN by these presents that the undersigned has
--- submitted an application dated M/,z to the NORTH --- --
ANDOVER PLANNING BOARD for approval a Definitive Plan of a
subdivision of land entitled: L-�.�lfs� C'�,PC��� /' .lv. /Xv-00-
plan by: 1t16-AeW11y/�a.f X&Vyv T ,
dated: owned by:
address: C�GC•S� ••PCC�" /�v-,>av&7,t
land located: OFF Ale.
and showing 3 proposed lots. 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 plan without 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 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 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 the 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.
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c. The Certificate of Approval and the conditions of
approval specified therein, issued by the Planning
Board, dated Se-70T /9?9
d. The Definitive Plan as approved and as qualified
by Certificate of Approval.
e. Other document(s) specifically construction to be
completed, namely,_
However, a mortgage 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 provided 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,
administrators, 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 _ S-C&Y �vo,Q7-4 _ _ 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.
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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 the endorsement of the definitive plan.
9 . Upon final completion of the construction of ways and
installation of municipal services as specified herein,
on or before ^TUNS /`�92- 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 Galan. 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 B1-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 seed from
d m
dated
— property,Yr
� , recorded in
L-"�-- C"3S "I've � Registry of Deeds, Book Z.?le
Page 307 , or registered in -~ Land
Registry as Document No. _-- _ and noted on
certificate of title No. -- r , and noted on certificate of
title No. - , in Registration Book , Page
The present holder of a mort age upon the property is
in N3'E7 n o e7-h dated Registry of Deeds Book
recorded
mortgage / - 9/
g Y , ok 32/e
Page , or registered in Land
Registry as Document No. - , and noted on certificate
of title no. -� , in Registration Book , Page
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.
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a
r
spouse of the undersigned applicant
herebyagrees
th at such interest as I, we, may have in the
premises shall be subject to the provisions of this covenant and
insofar as is necessary releases all rights of tenancy by the
dower of homestead and other interest therein.
IN WITNESS WHEREOF we gave hereunto set our hands and seals this
25�/--4 of 19 9/
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I ,R�? ��oP�•PTi�J', .ZNC. �
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own 6 r , . iTA-ee e�-ZLil
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f v ��r AF NW
rt gee
wi 47' 7 o�11Wow /kv-, Y
Acceptance by a Majority
of the Planning Board of
cc: Planning Board
Owner(s)
Spouse of Owner
Mortgagee
COMMONWEALTH OF MASSACHUSETTS
19 �/
Then personally appeared before me the above named
DV
T ���i�� and acknowledged the foregoing instrument to
be 7-h E'- free act and deed d.oC J,'410/ 71"1
Notar�Pf�Y/LfDNd Pfi�
My Commission Expires: /2
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COMMONWEALTH OF MASSACHUSETTS
5s X&V _23, 19
Then personally appeared before me the above named. 7h4 W/o ,y, A77
/er leF-Z, and acknowledged the foregoing instrument to
be _ ZjF free act and deed DF 1*1dpi,�iX
�oyar u,b Vi�E�uzio
My Commission Expires: �z �? Z
COMMONWEALTH OF MASSACHUSETTS
ESSEX ,ss APQ L 19 q�
h fen personally appeared before me the above named I�EQRr E b. PEPNA,
hen
DORM and acknowledged the Foregoing instrument to
be THEIR free act and deed.
Notary Public Sq LT L• EAIUC
My Commission Expires: 9 , jg2L�
COMMONWEALTH OF MASSACHUSETTS
, ss 19
Then personally appeared before me the above named
and acknowledged the foregoing instrument to
be free act and deed.
Notary Public
My Commission Expires:
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FEB-1d-91 F'RI 10:30 JEPSKY&.SACK
►.tA$dACRU11t73O OV'tcLA114 Lo)Eru 1t1gIVII)VAL (1.0t10 F01tM) box
Gene L, English. Trustee of Salem street , North Andover Trust, a/d/t dated August
5 , 1968, recorded with the Essex Itorth Dfstrict 1109istry of U(Inds in Coups o 2782 , Pag
of Woburn , Middlesex
heing.unmarrled for considerationpoLld, wdbA full Consideration of Tvr o Hundred Forty Thousand
and 00/100 R2401000.00) Dollars sa
, husband and wife , as tenants by
rAnt to Josopki W. Gerety and itil le A, clerety
�e entirety
of 521 Salem Stroet, North Andover, Essex CountY, 14A with r;:tltrialttt tt1►stttattl�
met
(�7eicrtptEoi end tncul�btuut+,1! n1s}l
A certain parcel of land with thm btli.ldi.nge and . improvolne rats
thereon situated in North nndraver, EonAx County, mallF.tachumette,
shown as Lot "A" on at plan o£ land entri.tl.ed, I'Subdi.vW011 P1611
ENGLISH CIRCLE In NORTH ANDOVER, 14A,S� , Drawn F'or Gene L� Engi.ichlr
Scale 111 - 40 ' , Dated AUgugt 1989 , 11evIaed oopt amber 1989 by
Merrimack Engineering Services 66 Park Street, Atidavet ,
Maaaachusetts 01810 and r(,cordod wi.tvll the EsteX 17ort h Di-strict
Registry of paeds on January 23 ? 1991 mri Plan # 11878 , to which
reference is hereby made f'oj a more partioulfar deacripti.dtl.
Said Lot "Art contains p 5 ; 000 S .F. , according to said plar1
The grantor reserves for lilmselt, his utic'cessarm arld ansi.gtas tlrs
fee in English Circle, ae s11OW11 nn sn id plan, however, there ie
hereby granted to the Grantolp, their heirs, suocessors and :assigns
the right to use English CiroIQ for ml.:l purposes for which streets
and ways are commonly Used in the Town of North Andover in common
with all others entitled thoreto .
The Grantor reserves for biwoolf, h3.n nucacnnnorm rand ramrai,grra (arr
eeasonertnt for one year from the date he.rnof over. portiortra Of Lot '1nt1
for the purpose of grading alld sloping the topography of portionr of
Lot "A" an per plans approved by the North Andovor Plalining hoard on
February 15, 1990 for the development of the Lngligtt Circle
subdivision. Grantor shall. have the right to eratar l,ot "All and to
fill portions of Lot "A" •
The Grantor reserves for himrielf, h1r; st}ccesnorra area Aasigllra A
temporary easement for the purpose of ramOvi_rlg thca brain 10OAted an
English Circle, a portion r')£ taliiclt is locrfttjr d on ?.got "A" . Said barn
shall be removed within one year from thn date hereof .
1
►t�.Y.. .hand and seal this.. ....l ............ clay of...J.�,�ma,!",.Y............ ...19� .,.
..,........................................ ...... .....................,,................
..,.,.,...,.
Wilt �tlut�tt�llulttrt1111 of rta�,jda�lilt�rlt,�
Essex February 14 , 1991
Then personally appeared die above named Gene L. Engl 1 s h Trus tee a s a foresd i d
a:nd acknowledgo?d the foregoing instrument to he h 1 s (fee ,cytad deed, befor ni
W f 111 n4si..U,.. Sack
r!y ca�tirnls�lon tYFl�ct.,..,l!t�Jy.,.l,�i..................... !9 gl
FOR14 J
RELEASE FORI-i
The undersigned , being a majority of the Planning Board of tho 'Form ol.
North Andover, Massachusetts, Hereby certify than
a. the requirements for the construction of ways and municipal
services called for the performance Bond or Surety and dated
April 18 , 1991 and/or by the Covenant cldted
19 and recorded in Distr. i'ct Deed,. .
t
Book Page f or registered in __..._.._._......_..
Land Registry District as Docum',.nt NU .
and noted on Certificate of Title No .
Registration Book _ Page l:as bes,ti.
partially completed , to the satisfaction of the P14•i: '011'q
to adequately serve the enumerated lots shown oil Plan ,r_lit-i 'A f<d
North Andover, Mass.
" Subdivision Plan, English Circle in Section( s ) , S 1�+'.'�'C ,5
Plan-dated Aug. 1989 rev. Sept. , 19 89 recorded by the _Essex
North Registry of Deeds , Flan gWcNo. 11878_ , X
or registered in said Land Registry District, Plan Bo•(5J,
Plan and said lots are hereby releaL�ed f ::c+�s� ►, Ik
restriction as to sale and building specified thefeou .
Lots designated on said Plan as follows : ( Lot Numbei: ( �. ) <,i1(.l
street( s ) )
1, 2 and 3 English Circle ----
b . ( To be attested to by a Registered band Surveyor )
I hereby certify that lot number ( s ) 1, 2 and 3
on English Circle __. S t r,.,r, 1. ( ; )
do conform to layout as shown on Definitive Plan entitled
English Circle Section r 1 thru 5
Regist t , I-
40
Page 1 of 2
c , The Town of NC '`,h Andover , a municip kl G' Poi'ati1,11
the County of assex , Commonwealth of I1'AssaC'hLI8 t
its duly organized Planning Board , bolder of a Eye r to rn1onw-
or Surety dated ____A ril 18 �- ly 9l .,1,��/+, 1
dated ...................., 19 from
_..
of the City/'.Coen of Noth Andover -�- - -~
Essex _- , County, tt<<ssachusetts > rr, >1:c€r.?cl 1� �. I 31
Essex North U i.s L r i c t: Deeds , Don
I;
Page _ . or registered in Land~Registry DiaLt int as pvruh 1,
No - _ __ and noted on Certificate of Title No . � 11
Registration Book _ _ , Page acknowledq,?;;
of the terms thereof and hereby releases its right, 1:i.t,le a0l
interest in the lots designated on said plan a5 fol. loor:
Lots 1, 2, and 3
EXECUTED as a sealed instrument this da , -•_-_. .. E '-' �/
Majority of the
Planning Board
of the Town of
North Andover
COMHU1.1WALTH OV HASSWU<,UTTS
91
Then personally appeared C_L4.�� � S ono of: t.hQ nh1 ' }
members of the Planning Hoard of the Town c.1f: Norte 111tc1ovl� r ,
Massachusetts and acknowledged the foregoing instrument to he vh- J LP
act and deed of said Planning Board , before me .
9 A'tW''
Notary Public
14y Commission
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