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Home My WebLink About1985-09-09 Legal Documents DEF SUB COVENANT re: Stonecleave Road, Boxford, and Forest Street, North Andover, MA Parties: Town of North Andover Planning Board William E. Bingham and Cynthia J. Bingham, (Owners) John J . Biggio and Eileen M. Biggio, (Applicants) Dated: September 9th, 1985 Covenant made this 9th day of September, 1985 by and between the above named Owners, Applicants and Town of North Andover, Planning Board. Whereas, the undersigned Owners and Applicants have submitted a plan in accordance with M.G.L. Chapter 41, Section 81.-P, requesting that said plan be endorsed by the Planning Board "approval. under the subdivision control law not required" ; and Whereas, said Plan is entitled "Plan of Land in North Andover and Boxford, MA (Essex County) Surveyed for John J. and Eileen M. Biggio, dated September Fth, 1985" ; and Whereas, said Planning Board has been unwilling to grant said endorsement without certain improvements being made to the above-referenced Forest Street in North Andover, and repair, maintenance, and upkeep of said road being allocated to Owners and/or Applicants. Now, therefore, in consideration of said Planning Board of North Andover endorsing said Plan, "approval under the subdivision control law not required" , the undersigned Owners and Applicants hereby covenant and agree with said Planning Board and with the Inhabitants of the Town of North Andover as follows: A. That the undersigned owners hold title in fee simple absolute to all of the land included on said Plan and that sots A and B are to be conveyed to the Applicants on or before December 30, 1985, and that the within covenants, when recorded, shall have priority over any mortgage or mortgages presently existing on any of the land shown on said plan. B. That the undersigned Owners and/or Applicants will not apply for any building permit, nor erect or place any permanent building on any lot shown on said plan until the construction and improvement of Forest Street is completed in accordance with a certainletter from the Town of North Andover Highway surveyor 's Office dated October 5, 1985, a copy of which is attached hereto as Exhibit A. C. Completion of said improvements to the satisfaction of said Highway Surveyor shall be evidenced by a Certificate suitable for recording and shall be so recorded at Owners ' or Applicants ' expense prior to the issuance of any building permit for said land. D. Any lot or lots shown on said plan, shall be released from the conditions noted in B. preceding by a majority of the said Planning Board, simultaneous with the issuance by said Highway Surveyor of the Certificate referred to in paragraph C. preceding . E. All engineering and construction costs related to said Road improvements shall be borne by the Applicants and/or Owners exclusively, and not by the' Town of North Andover. F. Owners and/or Applicants agree to perform all construction and improvement work on Forest Street in accordance with said Exhibit A earlier referred to. Owners and/or Applicants further agree, in accordance with paragraph 7 of said Exhibit A, that Forest Street shall be exempt from all Town Services other than police, fire and school services. All upkeep, repair, and maintenance costs on the said Forest Street shall be borne exclusively by the Owners and/or Applicants and other persons legally entitled to the use thereof, and not by said Town of North Andover. This paragraph shall be binding upon all of the land shown on said plan in perpetuity and shall not be deemed released by the Certificates from the Highway Surveyor and/or Planning Board referred to in paragraph C. and D. preceding. This paragraph may only be released by said Highway Surveyor and/or Planning Board by specific reference to this paragraph and to paragraph 7 of Exhibit A. G. Owners and/or Applicants shall upon request of said Planning Board and/or the Highway Surveyor, secure to their reasonable satisfaction the construction and improvement•. of the said Forest Street. The covenants contained herein shall be executed by all parties prior to, or simultaneous with, the endorsement of "approval under the subdivision control law not required' by the Planning Board, and shall take effect immediately upon said endorsement. owners and/or Applicants agree to record this Covenant with the Essex North District Registry of Deeds simultaneously with the plan earlier referred to, and the deed of easement to the Town of North Andover as set forth on said Plan. Owners and Applicants further agree that the deed of Lots A and B as shown on said plan, shall recite specifically that said Lots are conveyed subject to the within covenants and said easement.. The within covenants shall be binding upon the executors, administrators, devisees, heirs, successors and assigns of all of the undersigned, and shall constitute covenants running with the land included on said plan, and shall operate as restrictions upon said land. For owners title see deed from Elaine McNulty, Trustee under a Declaration of Trust dated November 12, 1975 and recorded with Essex North District Registry of Deeds, Book 1271, page 354, and with Essex South District Registry of Deeds, Book 6217 , page 371, recorded in Essex ,South District Registry of Deeds on April 15, 1985 as instrument number 110 and in Essex North District Registry of Deeds on April 12, 1985 as instrument number 7025. Town of North Andover Planning Board, by: -------------------------------- --------------------------- ----------------------------------- -------------------- --------------------------------- William E. Bingham, el Cynthia J.�B:ingham, Owner _ _SeeAtt_ache_d J _o_hn—KB-— .ggio, —Ap_ plic_ an__t------ See Attached Eileen�M. Biygio, Applicant��^ I � � t �.,.._.. r f, COMMONWEALTH OF MASSACI-IUSETTS Essex, SS. Sept. 9 , 1.985 Then personally appeared t:l-Ec: above-named, William E. Bingham and Cynthia J . Bingham and acknowledged the foregoing instrument to be their free act and deed, before me, AAIV14, n_44 _==77� ___ __ t : No Public My commission expires: .I �.9F COMMONWEALTH OF MASSACHUSETTS Essex, SS. Sept w � , 1985 c Then personally appeared the above-named, John J. Biggio and Eileen N. Biggio and acknowledged the foregoing instrument to be their free act and deed, before me, No67ublic�^ My commission expire;: � • ? COMMONWEALTH OF MASSACHUSETTS Essex, SS. Sept. , 1985 Then personally appeared the above-named, ........................ - - - - - - - beingamajorityofthemembersof the Pl_anningBoa � � -�� Board of Town of North Andover, Massachusetts, and acknowledged the foregoing instrument to be their free act and deed, before me, Notary Publ.iow_sd_.__�____..____.__._��. My commission oxp:i,r.es: OFFICE 017 HIGHWAY SURVEYOR 384 OSGOOD STREET h TOWN OF NORTH ANDOVER, MASSACHUSEM 01g45 ��Caumeti )ALLW1 A.CYR �Ahwdw Surveyor TFAXITHONE U54950 August 5 , 1,985 Planning Board Michael Roberts , Chairman 120 Main Street North Andover , Massachusetts Re : Stonecleave Road/Boxfor( Dear Mike ; ' Street/Forest Street I am making the following recommendations on the improvements to Forest Street in conjunction with the proposed development Of two house lots on a 5-acre Parcel located on Forest Street. 1 . 14 " deep gravel base , 25 , wide . 2 . 22 , wide paved surface , with a 2�11 binder and 1' 11 topC'94t . 3 . One 121, drainage culvert at the termination of the existing cul-de-sac . 4 . Relocation of the existing electricity transformer to a site to be mutually agreed upon . Gravel road shoulders to be 61 to 8 ' wide, with a relatively flat grade, ( actually 1-4,, per foot ) . 6 . A plan to be provided to indicate town boundries , projection of road from Stonecleave cul-de-sac , and relocation of electric transformer . of driveways , fifty g foot i b Also, location r _Woy, etc . 7 . This proposal is based on the fact that all the town services other than Police , Fire , and school would be exempt . This would be Bono as a legal covenant which would be a perpetual agreement within this Proposal . Very truly yours , C1 - Olt- William A . Cyr Highway Surveyor WAC/cc cc : Mr . John Biggio Ipswich Savings Bank COVENANT re: Forest Street, North Andover, MA Parties: Town of North Andover Planning Board William E. Bingham and Cynthia J. Bingham Dated: ' January 1986 Covenant made this 0 day of January, 1986, by and between the above named .William E. Bingham and Cynthia J. Bingham ("Bingham") , and Town of North Andover Planning Board ("Board") . Whereas, ,Bingham and the Board are parties to a certain Covenant dated September 9, 1985 and recorded with the Essex North District Registry of Deeds as instrument number 30996 regarding property located at Stonecleave Road, Boxford, and Forest Street, North Andover, Massachusetts together with John J. Biggio and Eileen M. Biggio, and Whereas said covenant pertained specifically to Lots A and B on "Plan of Land in North Andover and Boxford, MA (Essex County) Surveyed for John J. and Eileen M. Biggio dated September 6, 1985", and Whereas, in addition to the above described Lots A and Bx it was the intention of all parties.at the time that said September 9th Covenant also pertain to a certain 5.0± acre parcel presently owned by Bingham, as shown on "Compiled Plan of Land in North Andover, MA prepared for William E. Bingham, Dated November 20, 198511, which plan is to be recorded herewith, and Whereas said Lots A and B have been conveyed by Bingham to Biggio, and a Form A endorsement ("approval under the subdivision control law not required") has been endorsed by said Board on Biggio's plan, and Whereas Bingham now wishes said Board to similarly endorse the aforesaid plan of his remaining 5.0± acres. Now, therefore, in consideration of said Board providing said endorsement, Bingham, their heirs, executors and administrators, successors and assigns, do hereby agree that they will remain bound in all respects by the terms and conditions of the aforesaid September 9th Covenant, and that said Covenant shall in all respects be applicable to and govern the development of the 5.0-1 acre parcel above described. The within covenant shall be executed by all parties hereto, simultaneous with the endorsement of the Board as set forth above, and said covenant and plan shall be recorded simultaneously in the Essex North District Registry of Deeds. For Bingham's title see deed from Elaine McNultyr Trustee ^ under a Declaration of Trust dated November 121, 1975 and recorded with Essex North District Registry of Deeds, Book 1271, Page 354, and with Essex South District Registry of Deeds, Book 6217r Page 371, said deed being recorded in Essex North District Registry of Deeds on April. 12, 1985 as Instrument No. 7025. TOWN Or- NORTH AMOVER PLAMING BOARD, BY: z E. BIND z ,Z., CY�ffHIA J. NGHAM COMMONWEALTH OI' MASSACHUSEITS Essex, ss. Jan. G r .1986 Then personally appeared the above-named, William E. Bingham and Cynthia J. Bingham and acknowledged the foregoing instrument to be their free act and deed, before me, d-f t —-.� Notary Public My Commission Expires: p U COMMONWEALTH Or MASSACHUSETTS Essex, SS. ' Jan. 6 , 1986 Then personally appeared the above--named, being a member of the No h Andover Planning Board and acknowledged the foregoing instrument to be the free act and deed of said Board. N ary Public My Commission Expires: acXl' 14 t i MUM UM TOWN OF NORTH ANDOVER 120 Main Street North Andover, MA. 01845 685-4775 µoRrH py si4o .�Hp • i + y �?SsS[it�5E�41 - October 24 , 1986 Ipswich Savings Bank Lauren E. Mazzetta P.O. Box 39.2 23 Market Street Ipswich, MA 01938 Re: "PLAN OF LAND IN NORTH ANDOVER AND BOXFORD, MA" JOHN BIGGIO Dear Ms . Mazzetta: The .Ipswich Savings Bank is hereby authorized to advance to John J. Biggio the following funds released by the North Andover Planning Board at their October 20, 1986 board meeting: Highway Dept. work completed - $20 , 000 . This is in accordance with the Subdivision Control Agreement, dated March 24 , 1986 , between the Town of North Andover, the Ipswich Savings Bank and John J. Biggio. Sincerely, PLANNING BOARD Erich W. Nitzsche�hairman EWN:nrs cc : Highway Department John J. Biggio FORM J RELEASE CORM 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 19 and recorded in District Deeds , Book Page ; or registered in 'Land Registry District as [document No . and noted on Certificate of Title No . in Regis - tration Book gage ; has been completed/partially completed , to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled Sections )_, Sheets Plan dated , 19 recorded by the Registry of Deeds ; Plan Book , Page or registered in said Land Registry District , Plan Book , Plan and said lots are hereby released from the re- strictions as to sale and building specified thereon . Lots designated on said Plan ,as follows ; ( Lot number( s ) and street ( s ) ) b . ( To be attested to by a Registered' Land Surveyor) I hereby certify that lot number( s ) on Street ( s ) do conform to layout as shown on Definitive Plan entitled " Section Sheets , M r Registered Land Surveyor (Pan,p 1 of 7 ) r � t. 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 March 24 , 19 86 and/or a Covenant dated Januar 6 , �6 torn Wa 1ia�t�' E. and Cynthia J. Bingham of the City own of Ipswich Essex , County , Ma usetts recorded wlt � e to be recorded herewith District Deeds , Book , Page _, or registered in land Regd stry District as Document No , and noted on Certificate of Title No . in Registr�at on- Book , Page , acknowledges satisfaction of the terms thereofof and hereby re eases its right , title and in - terest in the lots designated on said plan as follows : 5 . 0± Acres on compiled plan of land in North Andover Mass . Prepared for Wz lam E. Bingham, Dated November 20 , 1985 . EXECUTED as a sealed instrument this day of ; ,r i' , is r Majority of theJ Planning Board a f the Town of � G• .��.c c'. �. North Andover COMMONWEALTH OF 14ASSACHUSETTS J 19 � y Then personally appeared �� '` ��-� f�� •?�j{` . , one of the above named members of the Planning Boar o e( ,awn o —North Andover , Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board , before me , Pdotary ubl i r My Commi ss, ion Expi res my.Cammissian�xpiro3 c:o o� ... Note: Covenant dated January 6 , 1986 , references covenant dated September 9 , 1985 which was recorded in Essex North Registry as instrument number 30996 . ( Page 2 of 2 ) r k I y FORM V V JJ 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 7 19 and recorded in District Deeds , -Book , Page ; or registered in Land Registry Di strict as Document No . and noted on Certificate of Title No , in Regis - tration Book , Page , has been completed/partiall completed , to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled " Section ( s ) , Sheets � Plan dated 19 recorded by the Registry of Deeds , Plan Book Page or registered in said Land Registry District , Plan Book Plan and said lots are hereby released from the re- strictions as to sale and building specified thereon . Lots designated on said Plan as follows : ( Lot number( s ) and street (s ) } b . ( To be attested to by a Registered Land Surveyor) I hereby certify' that lot number( s ) on Street ( s ) do conform to layout as shown on Definitive Plan entitled " Section Sheets r Registered Land Surveyor (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 [fond or Surety dated 19 a6 and/or a Coven6nt dated Se Lember 9 , 85 from John J. &' r;ileen M. B1 io of t to Ci ty/Town of Andover, Massachusetts Essex , County , Massachusetts recorded wit the Essex North D i s t r i c t D e e d s , XR3oxftXXXX� XXXxxxX as Instrument RH)WXXXXXXXXXX-XXMMKXXX #30996 on Rmxxxxxxxxxxxxmxotxxmixtxxxxx x ifftatlex (xfxf'xixki)exnacxxxxxxxxxxxxxxx xxxitx satisfaction , x acknowledges December 3 Nai 1985 of the terms thereofan fhereby re eases i ts, right , ti tle and in - terest i n the 1 ots des gnated on sai d pl an as fo1 1 ows : Lots A and B on "Plan of Land in North Andover and Boxford, MAII .by C.T. Male Assoc. , Inc. dated September 6, 1985 and recorded in Essex North Registry of Deeds as Plan #10137 on December 30, 1985. EXECUTED as a sealed instrument this 24th day of March 1986 Majority of .the "1 PI anni ng Board of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS _ Essex Y s s rr March 24 > 1986 Then personally appeared ; one of the above named members of the P anning Board U)f the I own of north Andover , Massachusetts and acknowledged the foregoinn instrument to be the free act and deed of said Planning Board , before me , Notary Publ i c My Commission Expires : ( Page 2 of 2 )