HomeMy WebLinkAbout1992-07-07 Legal Documents DEF SUB r
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES � `3
Aalm*,a 0 f 74, &21�� Y54�,11 4"a4�S-
County , Mas achus tts ; for the
consideration of hereby grants , transfers a-nd
delivers unto the town of , a
municipal corporation in
LSSE County , the
following :
A. The perpetual rights and easements to construct , inspect , repair ,
remove , replace , operate and forever maintain ( 1 ) a sanitary sewer
or sewers with any manholes , pipes , conduits and other appurtenan -
ces , ( 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 , pipes , conduits and their appurtenances , and to
do all other acts incidental to the foregoing , including the right
to pass along and over the land for the aforesaid purposes , in ,
through , and under the whole of -De,.s o ,
dated ti said plan is made and said plan is
incoroor ted herein for a compete and detailed description of said
roads .
B . The perpetual rights and easement to use for
the followinq parcel of land situated on
Street in said town of _
and bounded and described as follows :
The grantor warrants that the aforesaid easements are free and clear
of all liens or encumbrances , that he ( it ) has qood tittle to trans -
fer the same , and that he will defend the same against claims of all
persons ,
For grantor ' s title see deed from ?- �h, Lo
dated t 77 anV recorded in
Di stri ct Registry of Deeds , Book
Page or under Certificate of Title No .
registered in District
of the Land Court , Book Page
To be completed if a mortgage exists :
And of
the present holder of a
mortgage on. the above described lan2 , which mortgage is dated
, 19 , and recorded in said Deeds , Book
Page for consideration paid , hereby releases
unto thF own forever from the operation of said mortgage , the rights
and easements hereinabove granted and assents thereto .
( Pare 1 of 2 )
...... ' _nZ'°e5ii k ....it If: r11y
o�er7'
sre e
Authorized signature of Mortgagee Owner
IN WIT ' SS WHEREOF we have her und�o t our hands and is this
day o f �/r /� 19 .
� ..,,
COMMONWEALTH OF MASSACHUSETTS
J
19 �/��
ASS '
Then personal I y appeared the above namedr e&U / L' '600
and acknowledged the foregoing to be f tee
act and deed , before me .
o y Public
Commi s s i on Expi re,.;
NOTE : This conveyance is not effective until accepted by Town Meeting
or the Board of Selectmen .
( Page 2 of 2 )
H I
RELEASE FORM j
The undersigned , being a majority o , 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
by the Covenant dated „
•anC recorded in Distri .. Deeds , �
q LA
Book � Page
Registration Book '_ladle has been _
partially completed , to the sa:.isracwion of the planning Board
to adequately serve the enumerated lots shown on Plan entitled
Definitive Subdivision flats Den Rock View section ( s ) Sheets
Plan dated 1/20/93 ^9 recorded by the North District
Plan # 12180 recorded 1/15/93,
Essex County Registry' of Dee!q, Plan E:. nn Page
i
said lots are: hereby rel eaE:d from the
restriction as to sale and building specified thereon . ry
Lots designated on said Plan as 0110ws : ? mot Number ( :: ; and
s4reet. ( s ) } =
Dryad Street , Lots 1 through 8 �
r . ( To be attested ..o by a Registered Land Surveyor ) z X
33
Lots 1 through 8 —9�
.� hereby _e r t��sr that .�o :�_:^a e_ ; s i .----- _—.....--_
on e tt
--
Dryad Stret Stree �`�
— . 9.
do nopform to layout as shown on Def_.ni ... : e Plan entry i
. Definitive Subdivision Plan , Den 2—_6
Rock"View in North Andover dat &=1'JX&9Z....._�
M[GHAELRegister
��•
�/�J c
sQ�'�Y} I AND�'��
The Town of Nk sh Andover, a municipal cl uoration situated in'
the County of Esser, Commonwealth of Massachusetts, acting by
its duly organized Planning Board, holder of a .
Covenant
dated , 19 from } '��QYIYIIY�O� C�
of the City/Town of
County, Massachusetts recorded with the
IhSh��IrYI .kYl �� X District Deeds , Book
Page
r
ZgUI , No , and noted on Certificate of Title No . , in
Registration Book , Page , acknowledges satisfaction
o; the terms thereof and hereby releases its right, title and
interest in the .Lots designated on said plan as follows :
EXECUTED sealed
.,s a �eal�d instrument this /6 day of
Majority of they
Planning Board
of the Town of
North Andover ,
COMMONWEALTH Of' MASSACHUSETTS
ESSEX , s s May 16.1 ,a 95
The-, personally appeared Joseph V. Mahoney , one of t e above
membe.-s of the Planning Board of tree Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be the free
act and deed of said Planning Beard, before me ,
Dg, n Mae 'D A g a t a
Notary Public
My Commission Expires :
March 22, 2002
Page 2 of.. y
} FORM J FILE
COPY
RELEASE FORt•4
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 gays and municipal
services called for
by the Covenant dated
O . 19 anC recorded in Distric:. Deeds ,
Hook , Page ; -- —
Registration Book � Page has been
partially completed , to the sanisfacnion of the Planning Board
to adequately serve the enumerated dots shown. on Plan entitled
Definitive Subdivision Plan Den Rock View Sheets
plan dated 1/20/93 is recorded by the North District
Essex County Plan # 12180 , reccorded 1/15/93`
Registry of Deeds, P o Page
said lows are hereby released from the
restriction as to sale and building specified thereon .
Lots designated on said Plan as follows: ( Lot Number( a `, and
swreet ( s ) )
Dryad Street , Lois 1 through 8
b . ( T be attester' ro >y a Reqi2zered Land Surveyor )
? hereby c ert;fy that lot nu^.,oe- , S ; Lots 1 through 8t_
Dryad Street
on
do coplo_m to layout as shown on Det_nitive Plan entity_%
. Definitive Subdivision Plan , Den
Rock"View in North Andover .e elr2.GP9 t bra c 2-6
MICHAEL y
C C. C 3 a` �,S f (� �y'g i.�.t;.'� Sys `�! ��`Q� er r• _ —r
tRN9 S�
Pane r
' The Town of North Andover, a municipal corporation situated in'
the County of E� yx, Commonwealth of Massac' usetts, acting by
its duly organized Planning Board, holder o`_ �a
Covenant
dated , 19 from b 210,+ n%Y,\Q
of the City/Town of
County, Massachusetts recorded with the
District Deed.; , Book
Y1y�w1Y1P�' Page ,
2901(0 No . and noted on Certificate of Title No . in
Registration Book , Page , acknowledges satis?action
o; the terms thereof and hereby releases its right, title and
interest in the lots designated on laid plan as follows :
EXECUTED as a sealed instrument this //:�, day of Zy A�
Majority of the • � ��-•
Planning Board l
of the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
ESSEX ss . May 16; 1174 95
The-, personally appeared Joseph V. Mahoney one of e anove
members of the Planning Board or tree Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be -'he free
act and deed of said Planning Board, before me .
nna Mae D Agata
Notary Public
My Commission Expires :
March 22, 2002
Pace 2 of
ti
. n
FORM J _-
f
LOT RELEASE [
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 x€�ec ®r � ctekx� ckxkxd
X=&§' by the covenant dated
Tanuar 2d , 19 2 and recorded in District Deeds,
Book 4141 page 215 ;
XX�
x �c x xxxxxxx xxxft=
has been 3#pWUUd/partially completed, to the
satisfaction of the Planning Board to adequately serve the
enumerated lots shown on Plan entitled It Den Rock View _
Section (s) , Sheets
Plan dated 1-20 19 92 recorded by the Essex
North District Registry of Deeds, Plan MU 12180 , apcorded
1/15/93. '
said lots are hereby released from thel
restriction as to sale and building specified thereon.
Tots designated on said Plan as follows : (Lot Number (s) and ^�
street(s) ) O
v
Dryad Street (a/k/a Hawthorne Place) Lots 1 throw h 8
b. (To be attested by a Registered Land Surveyor)
r hereby certify that lot number (s) Lots 1 through 8 on
Dryad Street streets) do 0
conform to layout as shown on Definitive Plan entitled Definitive
�r Subdivision Pan, Den Rock View Section Sheet(s) 2-6
in North Andover dated 1/20 92 Cv
J�egjste, Le- 33t! S r
o �
6, TE0yw��
I LAN 5�a�
RETURN TO:
Law Offices Of I Of 2
John F. McGarry
401 Andover Street
North Andover, Massachusetts 01845
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
Bond or Surety dated May 31 , 19 95_ and/or
covenant dated _ .Tanuary_y_ 20 _, 1992 from
Planning Board of the City/Town of North Andover,
Essex , County, Massachusetts recorded with
the Essex North District Deeds, Book 4141 , page
215 ,
acknowledges
=sfa=tio�nofTtheM-te�rms =her�eofand hereby releases its
right, title and interest in the lots designated on said plan
as follows:
Lots I through 8, Dryad Street, North Andover, MA
EXECUTED as a sealed instrument this W- day of , 19 9s'
Majority of the
Planning Board
of the Town of
North Andover
COMMOMALTH OF MASSAMUSETTS
ss
19
Then personally appeare one of the above
Members of the PZann;kn Boa d of the I f North Andover,
Massachusetts and acknowledged the foregoing instrument to be the
free act and deed of said Planning Board, before me.
Notary c
A00.'C°'*NIAM Via.Aj.
My Commission Expires
2 of 2
Town of North Andover µORTH
1::MOMMUNITY �I,l.tcir or _ �`'~ °�
DEVELOPMENT AND SERVICES xi
VL
n �
146 Main Street 4
KENNETH R.MAHONY North Andover, Massachusetts 01845 �ssacHuSV
Director (508) 688-9533
ORDER TO CHANGE THE NAME OF A .PRIVATE WAY OPEN FOR PUBLIC USE
In accordance with Massachusetts General Law Chapter 85, Section 3--
B, the Planning Board held a duly noticed public hearing on July
18, 1995 to discuss the proposed name change of a way which is not
public but is open for public use. The Planning Board, by a
majority vote, makes this order to change the name of Dryad Street
located off of Waverly Road, to Hawthorne Place.
Signed as a sealed instrument this 18th day of July, 1995 .
NORTH ANDOVER PLANNING BOARD
Jobe h V. Mahoney, Chairman �•,.,
e.s
COMMONWEALTH OF MASSACHUSETTS
p
ESSEX, SS �5 , 1995
Then personally appeared Joseph V. Mahoney, chairman of the North
Andover Planning Board, and acknowledged the foregoing instrument
to be the free act and deed of the North Andover Planning Board
before me.
dNot6r4�yi-u�blic Donna ae4Da4t��a—
My Commission expires:
March 22, 2002
1
r
i
BOARD OF APPEALS 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julio Parrino D,Robert Nioella Michael Ilowanl Sandra Starr Kathleen Bradloy Colwvl
4
FORM I
COVENANT - 2 RENEWAL
n�Arobevl�'A 191M
. MA
KNOW ALL MEN by these presents that the undersigned has
submitted an application dated 3/4/92 , to the NORTH
ANDOVER PLANNING BOARD for approval of a Definitive Plan of a
subdivision of land entitled: Den Rock View ,
plan by: Christiansen & Sergi, Inc. ,
dated: 1/20/92 owned by.- Dailey Family Trust ,
address: 499 Waverly Road, No. Andover ,
Land located: Waverly Road ,
and showing 8 proposed lots. The undersigned has
requested the Planning . Board to approve such plan without
requiring a performance bond.
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.
*If there is more than one owner, all must sign.
"Applicant" may be an ,owner or his agent of record
must sign the covenant,. : ,
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:
a. The Application for Approval of Definitive Plan
{Form G)
b. The subdivision Control Law and the Planning
Boards Rules and Regulations governing this
subdivision.
1 of 5
' 1 t
c. The Certificate of Approval and the conditions of
approval specified therein, issued by the Planning
Board, dated 7/7/92
d. The Definitive Plan as approved and 'as qualified
by Certificate of Approval.
e. Other document(s) specifically construction to be
completed, namely,
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.
5 . 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 North Essex 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 Joy 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
8 . That the initial covenant was executed before
endorsement of approval of the definitive plan by the
planning Board and took effect upon the endorsement of
.' approval. Said covenant expired two years from
te) (q�!�-2- , the date of the endorsement of the
definitive plan. This covenant is hereby extended for
one year from that date until .
9 . Upon final completion of the construction of ways and
installation of municipal services as specified herein,
on or before 7 7 9 , the 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 Philip K. Ryder
dated April 3, 1954 , recorded in
Essex North Registry of Deeds, Book 789 ,
Page 449 or registered in Land
Registry as Document No . , and noted on
certificate of title No. and noted on certificate of
title No. , in Registration Book , Page
The present holder of a mortgage upon the property is n/a
of
The mortgage is dated and recorded
in Registry of Deeds, Book ,
Page , or . registered in Land
Registry as Document No. , and noted on certificate
of title no. , in Registration Book , Page
The mortgagee agrees to hold the mortgage subject to the
covenants set forth above and agrees that the covenants shall
have the same status, force and effect as though executed and
recorded, before the taking of the mortgage and further agrees
that the mortgage shall be subordinate to the above covenant.
3 of 5
i�
l'
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 WHEREO gave hereunto set our hands and seals this
o f , 19
owner Ro ert C. Bail s .ee
owner Thomas L. alley •
Mortgage
Acceptance by a Majority
of the Planning Board of
COMMONWEALTH OF MASSACHUSETTS
,ss -�Or 19
Then personally appeared before me the above. named Robert C. Bailey and
Thomas L. Bailey and acknowledged the foregoing instrument to
be free act and deed,
ary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Then personally appeared before me the above named Q
and acknowledged the foregoing YnstrWnent, .to
be free act and deed.
Notary Pub c
My Commission Expires:
4 of 5
1 � 1
COOLIDGE CONSTRUCTION CO., INC.
401 Andover Street
North Andover,MA 01845
(508) 687-0109
Fax(508) 685-7878
November 15, 1995
Mrs. Kathleen Bradley Colwell
Town Planner
Town of North Andover
146 Main Street
North Andover, MA 01845
RE; Den Rock View Subdivision(Dryad Street)
Hawthorne Place, North Andover,MA
Dear Mrs. Colwell,
Enclosed herewith is a FORM J RELEASE FORM for the original Planning Board
subdivision approval conditions dated January 20, 1992 (recorded in Book 4141 Page 215)
which should have been released when the Planning Board released the"Renewed" Conditions
dated October 4, 1994 (recorded in Book 4141 Page 221).
I'm enclosing a copy of the Form J Release for Book 4141 Page 221 (recorded in Book
4316 Page 258) for your reference.
Thank you for your attention to this request.
Sincerely,
F. cGarry
JFM/hs
j
LAW OFFICE qFA W
PETER G.
CHESTNUT GREEN
565 TURNPIKE STREET,SUITE 81
PETER G.SHAH EEN NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE5o8
MEGAN J.TAYLOR 5B9.O BOO �
`ADMITTED IN MA s NH t .. II I -.:/.j -...-- AX 508
I` 11WI I II I.. ��94-OB90
October 3, 1994 t
1kY
Kathleen Bradley Colwell, Esq. '-
North Andover Town Planner
Town Hall HAND DELIVERED
North Andover, MA 01845
Re: Den Rock View Subdivision-Covenant Renewal
Dear Kathy:
Per your request, enclosed herewith is the covenant renewal which has been executed
by my clients. Please present this at the October 4th Planning Board Meeting for signature
and return to me for recording. Thank you and if you have any questions please call,
� e truly,
I've er G. haheen, Esq,
r
cc. B. Bailey
H. Bailey