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Home My WebLink About1995-01-12 Legal Documents DEF SUB DEED Donald F. Johnston and Nancy A. Johnston of North Andover, Essex County, Massachusetts for consideration paid and in full consideration paid of one dollar grants to the Town of North Andover, Essex County, Massachusetts a municipal corporation with a principal office at 120 Main Street, North Andover, Massachusetts with quitclaim covenants: the land known as "East Pasture Circle", situated in said North Andover, Massachusetts and being bounded and described as follows: Beginning at an iron pipe on the easterly sideline of Boston Street, thence running NORTHERLY with a curve turning to the left, with an arc length of 101.57 feet, on a radius of 270.29 feet, to a granite stone bound located on the easterly sideline of Boston Street, thence running EASTERLY with a curve turning to the left, with an arc length of 35.56 feet, on a radius of 30.00 feet, to a granite stone bound; thence running EASTERLY S761110'00"E, a distance of 105.02 feet, to a granite stone bound; thence running EASTERLY with a curve turning to the left, with an are length of 128.25 feet, on a radius of 450 feet, to a granite stone bound; thence running NORTH- with a curve turning to the left, with an arc length of 35.59 feet, on EASTERLY a radius of 30.00 feet, to a granite stone bound; thence running NORTH- with a curve turning to the right, with an arc length of 294.62 feet, EASTERLY on a radius of 60.00 feet, to a granite stone bound; thence running WESTERLY with a curve turning to the left, with an arc length of 19.39 feet, on a radius of 30.00 feet, to a granite stone bound; thence running WESTERLY with a curve turning to the right, with an arc length of 174.53 feet, on a radius of 500 feet, to a granite stone bound; thence running NORTH- N76010'00" W, a distance of 83.00 feet, to a granite stone bound; WESTERLY thence running WESTERLY with a curve turning to the left, with an arc length of 47.41 feet, on a radius of 30.00 feet, to the point of beginning. The premises are more fully described on a plan entitled "Town of North Andover, Massachusetts; Department of Public Works Street Acceptance Plan, East Pasture S Circle, Date: September 11, 1997; Engineering Division, George Perna, Director D.P.W." Title reference: Deed recorded with Essex North District Registry of Deeds, Book 4672 Page 274. Witness my hand and seal this day of 1998 Donald F. Jolifiston Nancy Johns n COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. - �,. .�_ a 1998 Then personally appeared the above-named Donald F. Johnston and Nancy A. Johnston and acknowledged the foregoing to be their free act and deed, before me. OTA P B I C MY,�MMISSION EXPIRES: 0.BRADLEY LATHAM NOTARY MY COMMISSION EXPIRES OCTOBER 1,2004 obUrnUohston Deed East Pasture Circle LATHAM AND LATHAM, P.C . 643 MAIN STREET ` @'y4f READING, MASSACHUSETTS 01867-3096 F KENNETH C. LATHAM, OF COUNSEL AREA CODE 617 O. BRADLEY LATHAM TELEPHONE: 944-0505 DAVID J. LATHAM November 20 1995 � TELECGPIER: 944-7079 WILLIAM C. WAGNER SHEILAH A. GRIFFIN North Andover Planning Board c/o Kathleen Bradley Colwell, Town Planner 120 Main St. North Andover, MA 01845 RE: EAST PASTURE ESTATES SUBDIVISION; DONALD F. JOHNSTON AND NANCY A. JOHNSTON OWNERS. Dear Kathleen: Out- client intends to proceed with the development at this time, We wish to confirnl that the following documents have been recorded at the Registry of Deeds: 1. Form M- Conveyance of Easements and Utiliites, recorded at Book 4277, Page 236; 2. Form I- Covenant is recorded at Book 4277, Page 231; and 3. The Subdivision Plan which is recorded as Plan No. 12615. The original, recorded covenant and conveyance of easements are returned herewith. Sincerely yours, LATHAM&LATHAM, P.C. O. Bradley Latham � OBL:pp enc. obl:pp:!j ohnstonleastpstr LATHAM AND LATHAM P.C . 643 MAIN STREET PANNING P�� READING, MASSACHUSETTS 01867-3096 KENNETH C. LATHAM, OF COUNSEL AREA CODE 617 O. BRADLEY LATHAM DAVID J. LATHAM June 14, 1995 TELEPHONE. 944 alas TELECOPIER: 944-7079 WILLIAM C. WAGNER SHEILAH A. GRIFFIN North Andover Planning; Board c/o Kathleen Bradley Colwell, Town Planner 120 Main St. North Andover, MA 01845 RE: EAST PASTURE ESTATES SUBDIVISION;NORTH ANDOVER, MA. Dear Kathy: Enclosed please find a copy of the Form I Covenant duly executed by the Johnstons, Sincerely yours, LATHAM&LATHAM, P.C. 134ad e y�4�fc r�xf O. Bradley Latham OBL:pp enc, obl:pp:ljohnstonleastpstr l yaw VAV4 Q/ r LATHAM AND LATHAM, P.C. 643 MAIN STREET PLANNING +*U) READING, MASSACHUSETTS 01867-3096 KENNETH C. LATHAM, OF COUNSEL AREA CODE 617 O. BRADLEY LATHAM TELEPHONE: 944-0505 DAVID J. LATHAM May 16, 1995 TELECOPIER: 944-7079 WILLIAM C. WAGNER SHEILAH A. GRIFFIN HAND DELIVERED North Andover Planning Board c/o Kathleen Bradley Colwell, Town Planner 120 Main St, North Andover, MA 01845 RE: EAST PASTURE ESTATES SUBDIVISION Enclosed please find revised and executed copies of each of the following documents: (a) Covenant Agreement (Form I); (b) Conveyance of Easements (Form M); (c) Original subdivision plans; and (d) Grant of Easement Document. We understand that the Board anticipates endorsing the plan at their June G, 1995 meeting. Sincerely yours, LATI-IAAj4 LATHAM, P,C. O. dley Latham OBL:pp enc. obl:pp:lj ohnstonleastpstr 1 LLLLL a yaw6ped. LATHAM AND LATHAM P.C . « BOAS i 643 MAIN STREET READING, MASSACHUSETTS 01867-3086 KENNETH C. LATHAM, OF COUNSEL AREA CODE 617 O. BRADLEY LATHAM DAVID J. LATHAM May 15, 1995 TELEPHONE: 944.0505 TELECOPIER: 944-7079 WILLIAM C. WAGNER SH51LAH A. GRIFFIN North Andover Planning Board c/o Kathleen Bradley Colwell, Town Planner 120 Main St. North Andover, MA 01845 RE: EAST PASTURE ESTATES SUBDIVISION Enclosed please find the Covenant Agreement (Form I) and Conveyance of Easements (Form M) which we have prepared based upon our discussion with the project engineer, Would you please advise if any changes are required. Sincerely yours, LATHAM& LATHAM, P.C. radley Latham OBL:pp enc. ob1:pp:1j ohnstonleastpstr FORM I COVENANT May , 19.95 North Andover MA KNOW ALL MEN by these presents that the undersigned has submitted an application dated January 12, 1995 , to the NORTH I ANDOVER PLANNING BOARD for approval a Definitive Plan of a subdivision of land entitled: East Pasture Estates , plan by: Hayes Engineering , Inc. dated: December 14, 199 owned by: Donald F. Johnston and NanFy A. Johnston address: 114 Boston Street, North Andover , MA , land located: off of Boston Street, North Andover MA , and showing 4 proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. �} GrI 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. 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: l a. The Application for Approval of Definitive Plan . (Form C) . p b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this �a subdivision. 1 of 5 Ate f (a,4 '8 � % 1- " 1 40 C. The Certificate of Approval and the condition's of approval specified therein, issued by the Planning Board, dated March 21 , 1995 d. The Definitive Plan as approved and as qualified by Certificate of Approval . e. Other document(s) specifically construction to be completed, namely, None 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. S . 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 Essex North District 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. 2 of 5 °. G A272%" 8 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 die construction of ways and installation of municipal services as, specified herein, on or before dghe 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 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 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 81-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 property, see deed from dated , recorded in Registry of Deeds, Book 1245 , Pages 81 , )�,UX7 1&t)W dxxiNXXXXXXXXXXXXXXXXXXXXXXXXXxD(ixiq)a Rm�*tmmxpppA "�iRK (RXX X xxxxX-M)d=Ot XO)OXD=idIVnaU P)fxxgAA is(Rx Xx XX XXxx�01oxxiap x Xnx KrXAA-A(xa) x)ovxt txxitxxnmx acx*xxg 6c4it x�p)ox cokxxxxxxxxxxxxxxxxxxrnqoxxxxxxxxxxxxx x�cx�� ac�x �x:x�x�x�c�ac��c�xxxx�x�a�x ��cx�� xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxbv xxxxxxxxxxxxxxxxxxxxxxxxxxx. T)MX tOr gdx xd&)&MxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXxxxxxxXXUnXt&w�m&& i)OxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXl§4mtt,Txx ;tx��4x 6K-xxxxxxxxxxxx R, cxxxxxxxxxxx�xxx(xkxxxya4ivrx(,ddxxAm xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxwiiw RNP�itrimyaixx utwtmxN)bCxxxxxxxxxxxxxxxxxx 0)(X)Ust )&(Zxxxxxxxxxxxxxlcxst&q c xt)6mxnb"xxxxxxxxxxxx� x c,gxxxxxxx r.tu mX4xM&CX&X a M MX rA i k M a g X t hb i"Y,X Wodag"a doX- taw)Ua 6V 4 x Y,Y2 t U'V)WXU)mMdittW4§xWOxXi sW U4 t x�, cxftfxM18X-"440Y&MVI 3 of 5 UK 42"117 PG 234 Nancy A. Johnston , spouse of the undersigned applicant hereby agrees that 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 /W k- of May 19 95 owner - Spous of Mortgage Acceptance by a Majority of the Planning Board of North Andover COMMONWEALTH OF MASSACHUSETTS ` Essex , ss May /�� , 19 95 Then personally appeared before me the above named Donald F. Johnston and acknowledged the foregoing instrument to be free act and deed. Notary Public My Commission Expires: 0?.5 COMMONWEALTH OF MASSACHUSETTS , s s (� 19 � Th n ersonally appeared before me the above named &� G y�- and acknowledged the foregoing ins rumen to be free act and deed. - o Notary Public My Commission Expires: 4 of 5 COMMONWEALTH OF MASSACHUSETTS ss _ ., 19 , T en personally appeared before me the above named A'12,SeAl a and acknowledged the foregoing instrument to be `„ free act and deed. Notary Public My Commission Expires,` �qqm 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: 5 of 5 FORM M CONVEYANCE OF EASEMENTS AND UTILITIES Donald F. Johnston and Nancy A, Johnston of North Andover, Essex County, Massachusetts; for the consideration of One Dollar ($1.00), hereby grants 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) sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances, (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, 0) pipes, conduits and their appurtenances, and to do all other acts incidental to the 0 foregoing, including their right through, and under the whole of the ways marked East UT Pasture Circle and drain easements on Lots 1 and 2, all shown on a plan entitled "Definitive Plan East Pasture Estates, North Andover, Mass.;Developer/Owner-Donald F. Johnston;Engineer: Hayes Engineering, Inc,; Dated December 14, 1994; Revised May 1, 1995" as to land located off of Boston Street, North Andover Andover, Massachusetts and showing three proposed building lots. Said plan is incorporated herein for a complete and detailed description of said roads and marked easement areas. The Grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that it has good title to transfer the same and that it will defend the same against claims of all persons, i7-3 For Grantor's title, see deed from Clough, dated July 24, 1974, and recorded in Essex - , North District Registry of Deeds, Boole 1245, Page 781, � IN WITNESS WHEREOF, we have hereunto set our hands and seals this /6tk1day off May, 1995, DONALD F. J HNSTON NANCY . JO -N STON i.. P f1� Plctm, �If /% -o� W 4 11 G 2 ? COMMONWEALTH OF MASSACHUSETTS Cl� G ss. May 1995 Then personally appeared the above-named DONALD F. JOHNSTON and acknowledged the foregoing instrument to be his free act and deed, before me. NOTARY PUBLIC MY COMMISSION EXPIRES, COMMONWEALTH OF MASSACHUSETTS ss. May L( 1995 Then personally appeared the above-named NANCY A. JOHNSTON and acknowledged the foregoing instrument to be his free act and deed, before me. NOTARY PUBLIC MY COMMISSION EXPIRES: t)/as/q OBL:j ohnston(3 8):wg:05/I6/95