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HomeMy WebLinkAbout1989-06-15 Legal Document DEF SUB s FITZGIBBONS, SEIPP 1Sc HOMSEY ATTORNEYS AT LAW €26A PLEA5ANT VALLEY STREET 'i JOSEPH FITZGIBBONS METHUEN, MASSACHUSETTS 01844 TELEPHONE PETER T.SL)PP (508)681.0666 KENNETH M.HOMSEY CHARLES F,PERRAULT (ADMITTED MASS„NH a ME) AMYJ,0ONAHUE April 24 , 1989 Mr. Christian C. Huntress Environmental Planner Town of North Andover 120 Main Street North Andover, Massachusetts 01845 RE: Claudia Dupuis Bald Meadow Definitive Subdivision Plan Dear Mr. Huntress : I am in receipt of a copy of your April 11 , 1989 correspondence to Mrs. Dupuis. Enclosed please find a copy of the agreement between Mrs. Dupuis and Coventry Development Corp. , which Agree- ment was requested by the Board. As you will recall, the Board wished to confirm that Coventry would allow the Dupuis to tie into Coventry' s utility lines . I would like to discuss a revision of paragraph two of the Covenant submitted at the March 6 , 1989 meeting. Kindly contact me relative to this matter at your first opportunity. Thank you for your attention to this matter. Very truly yours, FI GIBBONS, (3T;T;P �& ,HOMSEY _. arles F ult CFP: ar CC: Mrs. Claudia Dupuis A G R E E M E N T AGREEMENT by and between CLAUDIA A. DUPUIS and DENIS J. DUPUIS , Husband and Wife , both of North Andover , Essex County , Massachusetts , hereinafter referred to as "DUPUIS" , and COVENTRY DEVELOPMENT CORP. , a Massachusetts Corpora- tion organized under law and having an usual place of bus- iness at 100 Lindberg Avenue , Methuen, Massachusetts , here- inafter referred to as "COVENTRY". WHEREAS, COVENTRY is the developer of certain parcels of land in North Andover directly adjacent to the property be- longing to DUPUIS , and WHEREAS , the said DUPUIS land is abutting a road on which the Town discontinued upkeep and services , and WHEREAS, the approval by the Planning Board for the Town of North Andover requires a force main and water .line to be in- stalled in Appleton Street, and WHEREAS, it is mutually beneficial to both parties to have the utilities placed into the Appleton Street , so--called , and to have Appleton Street servicing the DUPUIS ' land in order to construct an additional single-family home on their property. NOW, THEREFORE , it is covenanted and agreed as follows : DUPUIS shall : 1 . Sign a letter to the Planning Board in the form at- tached hereto and marked "A" indicating their assent to the in- stallation of the utilities and the location of the roadway. -2- Notwithstanding that Exhibit "A" grants an easement , upon pres- entation and approval of the plan hereinafter referred to , DUPUIS shall deed all right , title and interest to the Town of North Andover so that the roadway and cul-de-sac may be accepted as a public way. 2 . Cooperate by personally appearing and in the pres- entation of the plans on behalf of DUPUIS for approval by the Planning Board for the Town of North Andover and the Conserva- tion Commission, if necessary, as such plans are drawn by Paul Donohue , Engineer for DUPUIS. The cul-de-sac shall end at the barn . The cost of such preparation and presentation by Paul Donohue shall be borne by the DUPUIS ' and the presentation to the Planning Board and Conservation Commission shall be by COVENTRY . COVENTRY shall: A. Diligently file and pursue for approval by the North Andover Planning Board and , if necessary, the North Andover . Conservation Commission, the plan annexed hereto and marked "B" . B . Upon approval by the cognizant board , COVENTRY shall diligently construct the road and according to the plans pre- pared by Paul Donohue , which road shall be constructed as to the Town ' s standards as specified by the North Andover Planning Board , in such a manner as will allow the roadway and cul-de-sac to be accepted as a public way. � J -3- C . COVENTRY will provide DUPUIS with accessibility to its hook-ups for water , sewer and electricity for their proposed house and , if possible , for their existing house . D. COVENTRY to ensure that the new road bed will be in accordance with the new Town standard, i .e . , "55 foot wide 4 corridor" . 3'. The parties hereto agree that , since the plan re- ferred to in Paragraph numbered 2A, which is not available at this date , then all provisions of this Agreement are contingent upon the DUPUIS ' acceptance of the said plan. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day of September , 1987 . Witenss . Denis J . Dupuis Claudia is COVENTRY DEVELOPMENT CORP. BY Leon C. Asadoorian } j EXHIBIT "A" I , CLAUDIA A. DUPUIS, of North Andover, Essex County, Massachusetts , hereby release and grant to the TOWN OF NORTH ANDOVER, an Easement to cross and recross whatsoever land I own abutting Appleton Street , so-called, as appears on a plan of land entitled" "Plan of land in North Andover , Massachusetts , property of Claudia Dupuis, Scale 1" = 80' , November 12 , 1986 , Donahue and Parkhurst , Inc . , 152 Main Street , Wenham, Massachusetts" for the purposes of maintain- ing and repairing water and sewer lines installed in said way. The foregoing grant is for the purpose of confirming to the TOWN OF NORTH ANDOVER the roadway in which it may main- twin such sewer and water lines . However , confirming also that such Appleton Street is a public way whose maintenance has been discontinued by the TOWN OF NORTH ANDOVER. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 1987. Witness : , Claudia A. Dupuis COMMONWEALTH OF MASSACHUSETTS Essex, ss . September 1987 Then personally appeared the above-named Claudia A. Dupuis , and acknowledged the foregoing instrument signed by her to be her free act and deed , before me . Notary Public My Commission Expires: