HomeMy WebLinkAbout1972-07-14 Legal Documents DEF SUB r
923
COVENANT, RUNNING gVITH - g, LAND i
i
Pursuant to 't. re provi; . of Cxa, e;, 41; $ , we, GEO}.RGE H.
FAR]R and WANDA Hk:� FARR�.__"-husba�id and •,w.q_f�,�f� of_",N r_t.h=A dover, Essex
County, Cc';;Ur�onwealth o fcd
fassa, usetts"` :h1 !�n °,tYle' vrners of that tract
of land in said North_.An_..daye t�k�ovrn ;oii thpkti`: 'p a.n •o: �and entitled
"S.u'bdivision of Lots 1 and 2, Plan I$o. 5� 0, ! a7� a1 Acres" drawn by
Raymond Preseey., C.E. , and dated. May 10, 1972� hereby jointly and
i,
severally COVENANT with the Planning Board of said North Andover, as
its membership now is and may from time to time hereafter be con-
stituted, as follows:
THAT TIME WAYS REQUIRED TO BE CONSTRUCTED AND THE MUNICIPAL
SERVICES REQUIRED TO BE INSTALLED WITHIN SAID TRACT, :PURSUANT
TO THE RULES AND 1REGULATIONS OF SAID BOARD, INCLUDING ANY
CONDITIONS WHICH HAVE BEEN OR SHALL HEREAFTER BE, SPECIFICALLY
II1POSED BY IT RELATIVE TO THE SUBDIVISION OF SAID TRACT, SHALL
BE PROVIDED TO SERVE ANY LOT SHOWN ON SAID PLAN BEFORE SUCH
LOT MAY BE BUILT UPON OR CONVEYED, OTHER THAN BY MORTGAGE DEED.
The oovenantors understand and agree that this, their Covenant,
shall run with the land as to all of said lots, and shall be binding
"released"
1
d effective c as it m hereafter be released b said Board
an effe t ve except may y ,
in full or in part, all as provided by said 81 U.
EXECUTED AS A SEALED INSTI2UME'NT, thisday of �, 1972:
George Farr
Wanda. H. Farr
COMMONWEALTH OF MASSACHUSET
Essex, ss. ,19?2.
Then personally appeared GEORGE H, FARR..'',zh.W' .-siGRftpwledgedx
the foregoing instrument as and to be his fp e e ac_,tki' ,,cue a b`e,,jr e me.
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GOVENAMN RUM'UNG 4iJ�h TAM URI))
Pursuant to the' provisions Of (J-L- c, 41, 8-1 Uq vie,
1,1ARR and WANDA U FA.RR, husband end vjife, of horth Andover,
til of being ".,tie owners of thvt trEct
county, commonvie0l
of land in said North Andover sl)own on that p1r3n of land entitled
"6ubdiviaion of Lots I and 2, I-ltn Jio. 5380, Golonitil Acres" drwvn by
Preaoey, E,.yld dj ted. i;iz7q 10, 19?2, hereby jointly k�nd
aeverall.y CUV)I,NM T with the Pluming hoard of oaid Nlorth Pndovart (,,P.
its membership nov is andtjjay frop, Lirac to time tieret-,fter be c0ii-
stittited, as followa;
THJ T THE, Wfiys TO 3. 1,, (;OVSTRUOTZD 1.110 THE A,1111i'lCIPPL
SERVICES 'j.'Q BE IM)'11LLED i�V�ITL'11N SAID TR',f(;T19 "U[sbU.At;T
TO THE ItULES LULING iNy
8f,11) 130L)IJ), INIG -
GGNDITIOMS 41110E BE AN OR SHALL HLRj.�k-1,`TiJR f)f' 6P.-GIPICALLY
jkpo;:ED BY IT ixi,.;Li.T1VL TU THE LU)3bjLV131m Ov 10-R'-AGT, 61-iALL
B�FORE bu Gil
B�U, pi-11,0VIDED TO SMOVE LN't LOT LHO'�',N Oil 611D
LOT PIAY U- BUILT UPON OR U0NVEyj.;D1 BY MORTOIiGE DEED.
The Govenantors uriderstund 6nd tgree thvt UAO, thOir "Ov6-MOnt9
GkIcIl., run vjith t1to lay shell be bindi ng
.1d es to till of st�id lots, t
and affeetive 03[copt a.s it m&y pore cfter be "released" by evid Board,
J-n full or in pvrt, 1.�.i.1 as provided by said 81
EXECUTED AS A 6LALEM ECTRUPiUNT, this "
q a 0 f 1972:
(fie*org- i. Parr
G(3IQ46hfiE)tLTH
EGoex, $69 11972.
Then persone.11y appeared GEORGE B. rikRR, zqjq, aQ1tnowledge&
tho foregoing instrvDjeKjt as and to be h1P, -q0t lmd U' , e6, tbef0rq Me.
NotFry
OUVENANT RUEi111G �41TH THE LAND
Pursuant to the provisions of G,L, c, 419 81 U, we, GEORGE It.
FARR and VA10A FARR, husband and wife, of North Andover, Essex
County, Commonwealth of Massachusotts, being the owners of that tract
of land in said North Andover shown on that plan of land entitled
"Subdivision of Lots 1 and 2, I'1an NO- 5380, Colonial Acres" drawn by
Raymond C. Pressey, C.E. , rind dated. Play 10, 19?2, hereby jointly End
severally COVL.'VAIIT with the Planning Board of said I11orth Andover, as
its membership now is and may front time to time hereafter be con-
stitutedg as follows:
`CHI?T THE WAY8 TO .3E 0011`bTRUCTZD tND THE aUM91CIPAL
SERVICES RED-IDIRED TO BY; INSITfLLEII f1ITHIN SAID TACT, PURSUANT
TO TIIE RULES AND REGULATIONS OF SAID BOARD, INCLUDING ANY
GONDITIONS '4111(M 14AVE BEEN OR SHALL I LRLI ',AFTER BE SPECIFICALLY
11YIPU,SLD BY IT RELI-TIVE To THE 8UBDIV161ON OF ,SAID TRACT, SHALL
BE PROVIDED IDED TO SERVE ANY LOT SHOWN OIL k4ID I.aLAIV Bll fORN SUCH
LOT MAY BE BUILT UPOA OR CONVEYED, OTHER `.L'HLN BY MORTGAGE DEED.
The covenantors understand and agree that this, their Covenant,
shall run with tho land as to all of said lots, and shall be bindings
and effective except as it may hereafter be "released" by said Board,
in full or in part, all as provided by said 81 U.
MECUTED AS .A SEALED INS'TRUiYiM, this` ay of �� , lg']2e
per
eor I3. I�'arr
418.nida H. I�arr
COMMUN Ei� LTE OF Hf S6A0HiSSE'lIP �
Essex, ss. Z s1972.
Then personally appeared GEO-RUE H. I+ARR, pnd acknowledged)
the foregoing instrument as and to be his act andpIVed, be ore s-ae.
Notary Public
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kt� AK
RESTRICTIVE COVENANT
KNOW ALL MEN BY THESE PRESENTS:
This instrument is intended as a restriction on certain land located in the Town
of North Andover, Essex County, Massachusetts, and being shown as "Gilman Lane"
on a plan of land entitled, "Subdivision of Lots 1 & 2 Plan # 5380 Colonial Acres
North Andover, Mass. George H. and Wanda Farr, Owner", as drawn by Raymond C.
Pressey, Inc. , Registered Professional Engineer's and Land Surveyors, 113 Munroe
Street, Lynn, Mass. , and dated May 10 1972, said plan being recorded in Essex
North District Registry of Deeds as Plan No. 6700, said property being owned by
The Packard Medical Pharmacy, Inc. , 128 Parker Street, Essex County, Lawrence, Mass.
Said plan was filed on May 18, 1972, a Public hearing was held on June 13, 1972
and approval was Filed with the Town C1erk .on August 7, 1972.
WHEREAS, said owners have electedto proceed with said subdivision without furn-
ishing a bond on deposit as set forth in Section 81U of Chapter 41 of the General
Laws (ter. ed) as amended (with the option to do so at a later date hereafter
set forth) :
NOW THEREFORE, the Planning Board of the Town of North Andover and the owners of
said land hereby agree that the following restrictions are placed on all lots within
the subdivision shown on the aforementioned plan:
1. The undersigned will not sell any lot in the subdivision nor place any building
on any such lot until the construction of ways and municipal services nec-
essary to serve adequately such lot have been completed in the manner specified
in the Rules and Regulations Governing the Subdivision of Land in the Town
of
_Nor'th Andover, Massachusetts and in accordance with covenants, conditions,
agreements, terms and provisions hereof. Notwithstanding, the aforementioned
said owners have, however, the option to file a bond or deposit as set forth
in Section 81U of Chapter 41 of the General Laws (ter. ed) as amended, and
such, if filed will entitle said owners to a release of these restrictions.
2. This covenant and agreement shall be binding upon the executors, administrators,
devisees, heirs, successors and assigns of the undersigned. It is hereby
understood and agreed that this contract shall constitute a covenant running
with the land included in the aforesaid subdivision and shall operate"'as a
5
restriction upon said land.
I
it is understood and agreed that lots within subdivision shall be released
from the foregoing conditions solely upon the recording of release executed
by the North Andover Planning Board and enumerating the specific lots released
thereby.
3. As required by the North Andover Board of Health, no building or other structure
shall be built or placed upon lots as shown on said plan without the prior
I consent of said Board of Health.
4. Water and Sewer will be according to the Rules and Regulations of the
Board of Public•Works.
5. Surface drains and street bounds must be installed; the roads must be hot--
topped and constructed all in accordance with the requirements under the
Subdivision Rules and Regulations of the Planning Board. Proper street
signs must be installed. Appropriate inspections for the satisfactory
completion of the provisions in this paragraph are to be performed under the
direction of the office of the highway Surveyor.
6. Construction must be in compliance with the Board of Fire Engineers'
requirements regarding fire alarm systems.
7. A bituminous berm must be placed on the southeasterly side of the travel
way on Gilman Vane and two cathch basins must be installed at the intersection
of Farnum Street, piped to the catch basins on the southeasterly side of
Gilman Lane, as shown on the plan. The travel way shall be 26 feet wide.
Areas from line of lay--out to edge of travel way on both sides of the travel
way shall be excavated or filled to sidewalk grade.
8. A typical section through Gilman Lane shall show a one percent (1%) slope
down to the southeast side. 1j
9. As constructed, the ditch in the 20' drainage easement shown on the north-
easterly side of Lot #27 will, in fact, conduct the water Blowing from the
catch basins and drainage pipe in Gilman Lane to the invert shown at an 18"
drain on the southwesterly side of property shown as owned by Battalagine.
5
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10. The undersigned represents and covenants that the undersigned is the o«ner
in fee simple of all the land included in the aforesaid subdivision.
11. Construction of ways and municipal se:Pvi.aes .tq cpmpleted ,
i
IN WITNESS WHEREOF, the parties to this covenant and agreement to hereunto
set their hands and seals this 23rd day of April., 1981.
NORTH ANDOVER PLANNI 3 BOARD
, -
Paul Hedstrom, Chairman
PACKARD MEDICAL PHARMACY, INC.
BY
George W. Desmet, Jr.
}
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. April 23, 1981
Then personally appeared the above . named Paul Hedstrom as he is its
Chairman, and acknowledged the foregoing instrument to be the free act
and deed of the North Andover Planning Board, before me,
iVo ry Public
My Commission Expires t _ '/ K 1
COMMONWEALTH OF MASSACHUSETTS
ESSEX,ss. April 23, 1981
Then personally appeared the above named, George W. Hesmet, of Packard- Medical
Pharmacy, Inc. , and acknowledged the foregoing instrument to be the free act and
deed of Packard Medical. Pharmacy, Inc. , before me.
Notary Pu is
My Commission Expires: aldl
1 RESTRICTIVE COVENANT
� KNOtJ ALL MEN BY THESE PRESENTS:
This instrument is intended'as a restriction on certain land located in the Town
of North Andover, Essex County, Massachusetts, and being shown as "Gilman Lane"
on a plan of land entitled, _ "Subdivision of Lots 1 & 2 Plan (# 5380 Colonial Acres
North Andover, Mass. George H. and Wanda Parr, Owner", as drawn by Raymond C. s
Pressey, Inc. , Registered Professional Engineers and Land Surveyors, 113 Munroe
Street, Lynn, Mass. , and dated May 10 1972, said plan being recorded in Essex '
Forth District Registry of Deeds as Plan No. 6700, said property being owned by
The Packard Medical Pharmacy, Inc. , 128 Parker Street, Essex County, Lawrence, Mass.
Said plan was filed on May 18, 1972, a Public hearing was held on June 13, 1972
and approval was filed with the Tovm Clerk on August 7 , 1972.
WHEREAS, said owners have electedto proceed. with said subdivision without furn-
ishing a bond on deposit as set forth in Section 81U of Chapter 41 of the General
Laws (ter. ed) as amended (with the option to do so at a later date hereafter
set forth) :
NOW THEREFORE, the Planning Board of the Town -of North Andover and the owners of
said land hereby agree that the following restrictions are placed on all lots within
the subdivision- shown on the aforementioned plan:
1, The undersigned will not sell any lot in the subdivision nor place any building
on any such lot until the construction of ways and municipal services nec-
essary to serve adequately such lot have been completed in the manner specified
in the Rules and Regulations Governing the Subdivision of Land in the Town
of .North Andover, Massachusetts and in accordance with covenants, conditions,
.agreements, terms and provisions hereof. Notwithstanding, the aforementioned
said owners have, however, the option to file a bond or deposit as set forth
in Section 81U of Chapter 41 of the General Laws (ter, ed) as amended, and
such, if filed will entitle said owners to a release of these restrictions .
2. This covenant and agreement shall be binding upon' the executors, administrators,
devisees, heirs, successors and assigns of the undersigned. it is hereby
understood and agreed that this contract shall constitute a covenant running
with the land included in the aforesaid subdivision and shall operate as a
restriction upon said land.
It is understood and agreed that lots within subdivision shall be released 295
from the foregoing conditions solely upon the recording of release executed
by the North Andover Planning Board and enumerating the specific lots released
thereby.
3. As required by the North Andover Board of Health, no building or other structure
shall be built or placed upon lots as shown on said- plan without the prior
consent of said Board of Health.
4. Water and Sewer will be according to the Mules and Regulations of the
Board of Public Works.
5. Surface drains and street bounds must be installed; the coals must be hot--
topped and constructed all in accordance with the requirements under the
Subdivision Rules and Regulations of the Planning Hoard. Proper street
signs must be installed. Appropriate inspections for the satisfactory
completion of the provisions in this paragraph are to be performed under the
direction of the office of- the Highway Surveyor.
6. Construction must be in compliance with the Board of Fire Engineers'
requirements regarding fine alarm systems.
7. A bituminous berm must be placed on the southeasterly side of the travel
way on Gilman Lane and twolcathch basins must be installed at the intersection
of Farnum Street, piped to the catch basins- on the southeasterly side of
Gilman 'Lane, as shown on the plan. The travel way shall be 26 feet wide.
Areas from line of lay-out to edge of travel way on both sides of the travel
way shall be excavated or filled to sidewalk grade.
8. A typical section through Gilman Lane shall. .show a one percent (1%) slope
down to the southeast side.
9. As constructed, the ditch in the 20' drainage easement shown on the north-
easterly side of Lot #27 will, in fact, conduct the water flowing from the
catch basins and drainage pipe in Gilman Lane to the invert shown at an l8"
drain on the southwesterly side of property shown as owned by Battalagine.
S 3
10. The undersigned represents and covenants that the undersigned is the owner
in fee simple of all the land included in .the aforesaid subdivision.
11. Construction of ways and municipal services to completed by November 15.E
IN WITNESS WHEREOF, the parties to this covenant and agreement to hereunto
set their hands and seals this. 23rd day of April., 1981.
i
E
NORTH ANDOVER PLANNING BbARD
BY:
Paul Hedstrom, Chairman
t
PACKARD MEDICAL PHARMACY , INC.
BY: GJ
George W. Desmet , Jr.
i
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j
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. April 23, 1981
Then personally appeared the above named Paul Hedstrom as he is its
Chairman, and acknowledged the foregoing instrument,. to be the free act +
and deed of the North Andover Planning Board, before me �-�
--Nht'a Y � ub -.,cati
My Commission Expires: , �'i'l
COMMONWEALTH OF MASSACHUSETTS
ESSEX,ss. April 23, 1981
r
Then personally appeared the above named, George W. Desmet, of Packard Medical-
Pharmacy, Inc. , and acknowledged the foregoing instrument to be the Free act and
deed of Packard Medical Pharmacy, Inc. , before me.
Notary Pu i.c/�'���
My Commission Expires:
Recorded Apr®2` 11981 at 1:49PM #3850
ESSEX REO. OF DEW
APR Z' ! 49 .T
_.PAGE_ 2�
�.� fiirC0€ACED
REGISTRY OF DEEDS
Northern District Of is ssex SS
�c�r��a Law. , Apr.27 9 �9 81
49I;'� p M
' r�'�LJ I�Lliti,'4{v:1.a:'� :J i•'p� 14�_Q__,.�___._
294 t
Age --- --
;,TY�v
t. RE.^a?STER Or DEEDS
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291
( RFSTRi1`r1VE CGVENAUT i
KNOSf ALL HLN BY THESE 7RESENTS:
This instrusiant is intended as a restriction on certain land locstrd in the Tovn { .
of North Andover, lasex County, Haabachusatts, and being shorn as "Gilman Lane"
on is plan of lend entitled, "Subdivision of Dote 1 L 2 Plan 4 5380 Colenial Actas s;
Nortlf Andover, Rase, George 11. And Wanda Parr, Owner", an drawn by'RAyrrond C,
Pressey, Inc., Registered Professional Engineers and Land Surveyors, 113 Munroe '
w a•.
Street, Lynn, `lass., and dated May 10 1972, said plan being recorded in Essex
North District Registry of Deeds as Plan No. 6700, gal property bring owned byA7r,�f£k
The Pucknrd 4edical Pharmacy, Inc., 128 Parker Street, t.xseX County, Lawrence, Hass. •.i: lt,,
} Said plan was filed on May 18, 1972, a Public hearing vas held on June 13, L972
and approval was filed with the Town Clerk on August 7, 1977,
S
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>;HEREAS, said Ousters have electCdto proceed with said subdivision without fura-
ishins a bond on deposit as set forth in Section 8tU of Chapter 41 of the General t#
Y .
laws (ter, ed) as amended (with the option to do so at a later date hereafter r
.. ,Y
set fords}' s.
NOW THEREPORP, the Planning Board of the Town of North Andover and the owners of
said land hereby agree that the following restrictions are placed on all lots within
the subdivision shown ou the aforementioned plan,
L. The undersigned will not sell any lot in the subdivision nor place any building i
on any such Lot until the construction of ways and municipal services nec-
weary to serve adequately such lot have been compleced in the manner specified
A
in the Rules and Regulation's Governing the Subdivislon of Land in the Town
Iof North Andover, Nassaetsusetts and in accordance with covensnce, conditions,
agreements, terms and provisions hereof. Notwithstanding, the aforementioned y
i
said owners have, however, the option to file a bond or deposit as set forth
in Section 81U of Chapter 41 of the General Laws (ter, ed! as amended, and
-such, if filed will entitle said owners to a relense of these restrictions.
i
2. This covenant and agreement shall be binding upon the executors, .idesinistratora,
devlvefa, heirs, successors find Assigns of the'underxignet!.' 1t is hereby "
undnrntood and agrovil that thin contrnet shall runytitutc a covonanr running,
with the land included in tho aforesnid nuhdtvtsinn and nhnl.l opurato nx a
restriction upon said land, -
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It is understood and agreed that lots within aubdivision shall he released 295 I
from the foregoing conditions solely. upon the recording of raleoae executed t ��
by the North Andover Planning Board and enumerating the specific lots released
thereby. I i!
7. As Kequired by the North Andover Board of Health, np building or other structure II
shall be built or placed upon lots as shown on said plan without the prior !�
consent of'said Aeard of Health.
4. Water and Sewer will be according to the Rules and Regulations of the
Board of Public Works,
j. Surface drains and street bounds must be installed; the roads must be hot-
topped and constructed all in accordance with the requirements under the
f�
Subdivision Rules and Regulations of the Planning Board, Proper atreet
signv must he installed. Appropriate ingpcctions for the antisfactory
f�
completion of the provisions in this paragraph are to be performed under the
direction of the office of the Highway Surveyor. i
6, Construction roust be in compliance with the BoaKd of Fire Engineers'
T requirements regarding fire alarm systems,
7. A bituminous berm must be placed on the southeasterly sure of the travel €I
way on Gilman Lane and two, cothch basina.Tust be installed at the intersection
of Farnum Street, piped to the catch bnains on the southeasterly side of ;•
G;lmnn I,nno, rift shown on the plan. The travel way shall be 26 feet wide.
Arens from lino of lay-•out to edge of travel way on boor sidas of the travel 'X !
way shall bo exenvnted or filled to sidewalk grado,
r
8. A t,ypicnl section through Gilman Lane shall show a one percent (IX) slope i
down to the southeast side. I
9, , As constructed, the ditch in the 20' A rainage easement shown on the north-
cnstarly side of Lett 427 will, in fact{ conduct the water flowing from the
catch besins and drainage pipe in Gilman Lane to the invert shown at an 16"
drain on the southwesterly side of property shown as owned by Battalagino,
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B K 149 fl ______�
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t0. The undersigned represents and covenants that the undersignad is the owner
2.G..
r} in fag sistpla of all the land included in the aforesaid subdivision.
It. Construction of vays and municipal servicaa Co completed by November 15. 1981,
IH WITHE55 k4t1'REO1F, the parties to this covenant and aRteem■nt to hereunto
.��_, eat their hands and peals this ,23rd day of April, 1981.
g
r
NORTH ANDOVER PLANNIHO BbARD
aPI
BY I
R
Paul tledntrom, Ghnirs»nn
PACWD HEOICAL PHA*L%CY, INC. I
is; BY t�
Ooorge W. Desmet, Jr.
g COMONWEALTH OF MASSACHUSETTS
5�
ESSEX, as. April 23, 1981
ni9
Than personally appeared the above named Paul Hedatron sa he is its
Chairman. and acknowledged the foregoing instrument,to be the free act
and deed of the North Andover Planning Board, before ne � ...........A
Nbt.a ubItc•'
My Commission Expirest ..
i
3 F
COMONWEALTH OP WSACHUSBTTS
s '
.. ESSEX,as. April 23, 1931
' ]I Then pereonally appeared the above named, George W. Deamat, of Packard. Medical .
Pharmacy, Inc. and acknowledged the foregoing instrument to be the free act and
Yr R g R
deed of Packard Medical Pharmacy, Inc., before tee.
! Notary Pu is
My Commission Sxpireas7L1h
4 Reoerded Apr,27,19e1 At 1149PM #3850