HomeMy WebLinkAbout1981-06-02 Legal Documents DEF SUB .t_6 . SUBDIVISION CONTROL AGRHNMW,I' SECURING THE
CONSTRUCTION OF NAYS AND A1UNICIPAL SERVI(.:I.S
Agreement made this 3rd day of Augnst,lggl, by and between
LACY STREET REALTY TRUST, hereinafter referred to as the
i
"Applicant"; ANDOVER SAVINGS BANK, hereinafter referred to as
the "Lender"; and the TOWN OF NORTH ANDOVER, acting through
its Planning Board, hereinafter referred to as the "Board", viz:
WHEREAS, pursuant to the provisions of the T`lassachusetts
Subdivision Control. Law and the Board's Rules and Regulations
adopted thereunder, the Board has approved a definitive flan
entitled "Definitive Plan of Land (Colon.ial Acres) located in
North And01 r, Massachusetts" dated May 10, 1972, Raymond C,
Pressey, Inc. , and recorded in the North Essex Registry of
i
Deeds as Plan No. 6700 on August 7, 1972. 3'
The Applicant and the Board have agreed upon conditions of
approval, which conditions have been inscribed on said Plan No.
6700 recorded in said Registry of Deeds, which conditions are as
follows:
1 . That the record owners of the subject land execute and
record a "covenant running with the land" within 20 days
from the date of this decision, or otherwise provide se-
curity for the construction of ways and the installation
of municipal services within said subdivision, all as
provided by G. L, c. 41, s. 81-U.
2. That all such construction and installations shall in
all respects conform to the governing rules and regu-
lations of this Board.
3. That, as required by the North Andover Board of health in
its report to this Board, no building or other structure
b -2-
Rales 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. Must comply with the Board of Pire Engineers' requirements
as to the fire alarm system.
i
7. 'IVD catch basins be installed at the intersection of Farn mt
Street pi
ped ped 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, shai.l be excavated or filled
to grade.
8. A typical section through Gilman Lane shall show a 1 one 1
slope from the northwest and down to the original around on
the southeast side,
9. As constructed, the ditch in the 20' drainage easement shown
on the northeasterly side of Lot #27 will, in fact, conduct
the water flaring from the catch basins and drainage pipe in
Gilman Lane to the invert shown at an 18" drain on the south-
westerly side of property shown as owned by Battalacrine.
WMREAS, the Applicant has granted the Lender a Mortqaqe dated
April 27, 1981, recorded in said Deeds in Book 1499, Page 298, covering f
Lots 23 thru 26, Gilman Lane, North Andover, Essex County, Massachusetts,
as shown on said plan as security for the payment of a certain note j
in the principal sum of $84,000.00.
WHEREAS, the Lender has withheld $23,800.00 of said principal sum
to be disbursed to the Applicant as and when municipal services J.
i
shall_ have been installed and ways constructed pursuant to said plan,
t
said Rules and Reuglations, and Restriction Agreeanent.
**N(,Mf TIIEREPORE, it is wtderstood and agreed that the Lender eha I 3
i
- 3
ways steal ' be deemed to have been completed or ImMially cum-
pleted in accordance with its applicable rules and regal ations .
It is also understood that funds for the abovc services
and ways are to be advanced by the Andover Savings Bank only
through written authorization of the North Andover Planning
Board.
It is further understood and agreed that all of the above
�Tu .a 30
services and ways shall be completed no later thanziov r- l5-1-981
unless the date he extended by written amendment by mutual
agroement 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 relinquished all
claim to said runds.
The obligations of the parties hereunder are to be con-
strued consistent with the subdivision control law, and no
rights granted thereunder are waived.
Executed as a scaled agreement on the (late first above
written.
TOWN OF NORTH ANDOVER PLANNING
BOARD
Road Construction BY
Complete - $23,000.00
Water Complete - ANDOVHR SAVINGS BA,NX
$ 8011.00
}
- 4 - 33
COMMONWEALTH OF MASSACHUSE`I"I'S
Essex, ss . August 11 1981
Then personally appeared Patrick S. Corte and ackj1piv-
ledged the foregoing instrument to be the free act and,.d ed
of Lacey Street Realty Trust, before me,
Notary Public
MY COMMISSION EXPIRES: 11/26/87
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. August 12 1981
Then personally appeared John J. Burke , and acknow-
lodged the foregoing instrument to be the free ac .;'and"'deed
of the North Andover Planning Board, before me I'
------------
T._..-
Notary Public ,.
MY COMMISSION EXPIP, 11/26(87
COMMONIVEALTI[ OF AIASSACI[USETT'S
Essex, ss . Augustll , 1981
Then personally appeared Richard H. Mower and acknoiv-
ledged the foregoing instrument to be the free act and deed
of Andover Savings Bank, before me,
FuLmAN. COOPER & FuLUAN -N
ATTORNEYS AT LAW B ���
SEVEN DARTMOUTH STREET J!
P. 0. BOX 372
MALDEN. MASSACHUSETTS 02148
MORRIS FULMAN (617) 321-2000
NEIL A. COOPER (617) 227 3715
ARTHUR S, FULMAN
MARVIN R. FINN
JAMES A. ANTONUCCI
RICHARD ASKENASE
GWEN B. TOPHAM
September 3, 1982
Philip J. Coppola, Esquire
Cohen, Duly, Terranova, Coppola & Gordon
26 Chestnut Street
P. 0. Box 268
Andover, MA 01810
RE: Lacy Street Realty Trust - Michael and Susan Stephenson
Lot 25A Gilman Lane, North Andover, MA
Dear Phil:
After seeing you at the Registry of Deeds, I found on my desk
a Release of Covenant issued by the Topsfield Planning Board. jl
In order to expedite issuance of a similar release with regard
to the Stephenson closing, I have made a copy of the form with
changes reflecting the correct recording data.
I am sure if you go over this with the staff of the North Andover
Planning Board they will be able to issue an appropriate release.
Please call if you have any questions. '.
i
Cordially yours,
Arthur S. Fulman
hgr—A�
FORM L
REL " ASE OF COVENANT
Td19Bz`-
Massachuset ,
The undersigned, being a majority of the Planning Board of�the d,
Massachusetts, hereby certify that the statutory covenant under Chapter 41, Section
81U Qf the Ge eral Laws, ven �r
ur ! d^ W fr^ 0- 7GKYl ust
L
dated 13199 recorded in the Essex South District egistry of Deeds,
Book Page ..,L
l.has be/},e,,J idly per?.'r' 3aed to the satisfaction of the Planning Board of
the Town of�opld as to the following enumerated lots shown on Plan referred to
in the said Covenant Lot n1f -Svrri - :-- -� �►� -�� '+�" �'✓
-------------------,---------------------.------------------------------
and said lo4 e-re heVe'by released eom the said Covenant.
2, as t been fully performed biTt that ' lieu of t said Cov a 9
bond, o th satisfa do the Pi o as b r} ed e aid Cha =
ter tion 81 it s u the n uc o y d in ati o
c se uence ereof, th ollowin umerated s shown n the
se vice d '/ 4 � }
plan referred to in the said Covenant are hereby released from the said Covenant
. 1
PLANNING BOARD
Majority of
��oY,Mom♦ �, �' ,L _ the
g Board
,Y of the
o _
t
Town of
'fop sf field
sf Ir,D'�
TOP9FIELD.MASS.
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. September 1 , 19 82
Then nPrannaI1v anneared Holqer Luther _ , one of the
I
September 7, 7 j2
(98?.
Planning Board
North Andover, MA 01845 �
Gentlemen:
I hereby request a release of the covenant, given .
by George H. and Wanda Farr, entitled "Definitive Plan
of Land (Colonial Acres) located in North Andover, Massa-
chusetts" dated May 10, 1972, Raymond C. Pressey, Inc. ,
the covenant- of which was recorded by us, Lacy Street
Realty Trust, on April 23, 1981 at the request of The
North Andover Planning Board.
Cone, Trusted
of Lacy Street Realty Trust
���n
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
a Covenant dated
from T
of the —t4=j/T'own of
County, Massachusetts recorded with
t e SSE District Deeds , Book IV99 ,
Page a95L ,
acknowledges satisfaction
of the terms thereof an hereby re eases its right, title and in-
terest in the lots designated on said plan as follows : 4or
�,'�/(.•r�fi!± �,on�-� TN�s �°�� '�L E-u�7`HC2_,sL"cL,.PGd 6u �J sr.,9 .
EXECUTED as a sealed instrument this I *izJ— day of
Majority of the
Planning Board
o'f the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
,ss. 19
Then personally appeared one of the
above named members of the P arming Boar of t e own o North Andover,
Massachusetts and acknowledged the foregoing instrument to be the free
act and deed of said Planning Board, before me ,
Notary Public
Cry
GREELEY & SHEA
i
Two PUNCHARD AVENUE,
ANDOV7R,MASSACHUSETTS 018 Q 4
ANNA M.GRERIE EY(1938-1975) ,A�� .
A CoI7I]508 j
I
ANDRE\{'P.SHIP G +�'.-��F 475.9445
February 14, 1995 475-1919
VAX 475-5294 '...
Planning Board
North Andover Town Hall
Main Street
North Andover, MA 01845
IN RE: Lot 26A Gilman Lane, North Andover, MA
Dear Sir:
I represent Thomas J. Dempsey and Sandra A. Dempsey, owners of
25 Gilman Lane, North. Andover. Mr. & Mrs. Dempsey hope to complete
the sale of this property on or about February 15, 1995.
The closing attorney has found an undischarged "covenant
running with the land" dated August 7, 1972 and recorded in Northern
Essex Registry of Deeds in Book 1199, Page 623. A photocopy is
enclosed.
This appears to be a covenant given by George and Wanda Farr to
the North Andover Planning Board concerning the development of
Gilman Lane and the sale of lots thereon.
In view of the passage of 22 years and the fact that Gilman
Lane was accepted as a public way at Town Meeting on April 27, 1985,
I believe this covenant is no longer in effect and should be
discharged from the land records.
May I respectfully request that the planning board issue a
discharge or release of this covenant suitable for recording at the
Registry of Deeds in Lawrence. If there is a fee for this service,
please advise and I will gladly remit.
I wish to thank you in advance for your understanding and your
cooperation in clearing the land records.
Vory i-rirly v�iyrc
r �
WYtYAhf�UYMsho raT�l;frX LAMD) I
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