HomeMy WebLinkAbout1999-04-06 Legal Documents DEF SUB Willis and Willis
Attorneys-at-Law
160 Pleasant Street
North Andover, Massachusetts 01845-2797
Telephone (978) 685-3551
Fax (978) 794-8363
JOHN J. WILLIS, JR. JOHN J. WILLIS
(1951-2000 Ret.)
October 11, 2000
North Andover Planning Board
27 Charles Street
North Andover, MA 01845
Re: The Sanctuary property
North Andover, MA
Gentlemen:
Enclosed please find for execution Form M(Conveyance of Easements), Form
I (Covenant) and Form J (Lot Release). These documents were originally executed
by your Board in 1999 and not recorded. In order for them to be recorded at the Essex
North District Registry of Deeds they will need to be reexecuted by your Board. At
the same time, request is hereby made for the release from the Covenant of Lot 1, a
Form A lot not requiring the subdivision roadway access.
Please place this matter on the Agenda for the October 171' meeting for
appropriate action. If you have any questions, please do not hesitate to call me.
Sinc rely,
JJW:CG
Encs.
FORM M .
CONVEYANCE OI' EASEMENTS AND UTILITIES
i
• o
Roman Catholic Archbishop of Boston, 2121 Commonwealth Avenue
a corporation sole ,(nameofowner)of / Brighton-, MA 02135 ,(address) Suffolk
County, Massachusetts; for the consideration of $1 . 00 , hereby grants, transfers and delivers unto the
Town of North Andover, a municipal corporation in Essex 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 appurtenances,
(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 The Sanctuary dated
March 31 , 1 998* , said plan is made and said plan is incorporated herein for a complete and
detailed description of said roads.
*revised December 2, 1998
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The grantor wairants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it)
has good title to transfer the same, and that he will defend the same against claims of all persons,
For grantor's title see deed from Elizabeth Moysenko datedNovember 30 , 19 65 , and
recorded in No. Essex District Registry of Deeds, Book 1 048 , Page 280 ,
XXXXXXXXXXX
CWxxxx ZXZX
This is not a homestead property,
To be completed if a mortgage exists;
And the present holder
of a mortgage on the above described land, which mortgage is dated , 19 and recorded
in said Deeds,Book . ,Page ,for consideration paid,hereby releases unto the Town forever from
the operation of said mortgages, the rights and easements herein above granted and assents thereto,
Authorized signature of Mortgagee Owner
IN WITNESS WHEREOF we have hereto set our hands and seals this cl?/ ST day of
S'E�TCfi)16El? , 19 �_•
COMMONWEALTH Or MASSACHUSETTS
Then personally appeared the above named4L,410 4, and acknowledged the foregoing to be
free act and deed, before me. ��L�
#Notrylic
My Commission it ;
ID
NOTE: This conveyance is not effective until accepted by Town Meeting.
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COH OF' MAS5ACHUSS l9
Then personally appeared before mbove named and acknowledged
the foregoing instrument to be .free act and deed,
Signature of Notary Public
r
r
My commission expires
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COMMONWEALTH OF MASSACHUSETTS
Essex County , ss 19
r
Then personally appeared before me the above named and acknowledged
the foregoing instrument to be free act and deed.
Signature of Notary Public
My commission expires
COMMONWEALTH OF MASSACHUSETTS
ss , 19
Then personally appeared as
the. Applicant or his/its authorized agent and acknowledged the
foregoing instrument to be his or her Free act and deed and the
free act and deed of the Applicant, before me.
Notary Public
My commission Expires:
I�(
FORM M .
CONVEYANCE OF EASENIENTS AND UTILITIES
North Andover Realty Corp. , 100 Johnnycake Street,
a Massachusetts corp. ,(nameofowner)of^North Andover, Essex ,(address)
County, Massachusetts; for the consideration of$1 . 00 , hereby grants, transfers and delivers.unto the
Town of North Andover, a municipal corporation in Essex 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 appurtenances,
(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 The Sanctuary dated
March 31 , 1 998* , said plan is made and said plan is incorporated herein for a complete and
detailed description of said roads.
revised December 2, 1998
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The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it)
has good title to transfer the same, and that he will defend the same against claims of all persons.
Romap Catholic Archbis o of
For grantor's title see deed from Boston, a corp. sole dared , 19 , and
recorded in No. Essex District Registry of Deeds, Book , Page ,
xx:m R( ltAwklg�xxxxxxxxxAR*tkl� Rxxxxxxxxxxx
xxxxxxxxxxxxxxxxxx x
This is not a homestead property,
To be completed if a mortgage exists;
And the present holder
of a mortgage on the above described land, which mortgage is dated , 19 and recorded
in said Deeds,Book . ,Page ,for consideration paid, hereby releases unto the Town forever from
the operation of said mortgages, the rights and easements herein above granted and assents thereto.
Authorized signature of Mortgagee Owner
_ IN WITNESS WHEREOF we have hereto set our hands and seals this day of
19
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C k e-5 -7— K 0?-5 U
FORM M
CONVEYANCE Or EASEMENTS AND UTILITIES
North Andover Realty Corp. , 100 Johnnycake Street,
a Massachusetts core. ,(nameofowner)of North Andover, Essex _____ ,(address)
County, Massachusetts; for consideration of$1 p 0 , Hereby grants, transfers and delivers.unto the
Town of North Andover, a municipal corporation in Essex County, the following.
A, The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever
waintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances,
(2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered syrfaca and
ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all
other aets'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 The Sanctuary dated
March 31 1 998* , said plan is made and said plan is incorporated herein for a complete and
detailed description of-said roads.
revised December 2 , 1998
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The grantor warrants that [lie aforesaid easements are free and clear of all liens or encumbrances, that he (it)
has good title to,transfer (lie same, and that lie will defend the same against ciaims of all persons.
Roma Catholic Arch is of
For grantor's title see deed from Boson, a corp. soYe dagd October 22 , 19 99 , and
recorded in No. Essex District Registry of Deeds, Book 5599 , Page 1 38
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This is not a'Iro►nestead property,
To be completed if a mortgage exists:
And the present holder
of a mortgage on the above described land, which mortgage is dated , 19 and recorded
in said Deeds,Book . ,Page ,for consideration paid,hereby releases unto the Town forever from
the operation of said mortgages, the rights and easements herein above granted and assents thereto.
Authorized signature of Mortgagee Owner
IN WITNESS WHEREOF we have hereto set our Bands and seals this day of
October, 2000, pgxx
North Andover Realty Corp..
by ("'k L rl,t/A .
Charles A. Carroll '
President and Treasurer
4 '
5'
COMMONWEALTH OF MASSACHUSETTS
1)-66 6
Then personally appeared the above name([j)qex)-5 y PP I_ gid acknowledged the foregoing to be
free act and deed, before me. 6
otary Public
My Commission'Expires:
NOTE: This conveyance is not effective until accepted by Town Meeting.
Willis and Willis
Attorneys-at-Law
1.60 Pleasant Street
North Andover, Massachusetts 01.845-2797
Telephone (978) 685-3551
Fax (978) 794-8363
JOHN J. WILLIS, JR. JOHN J. WILLIS
(1951-1999)
August 15, 2003 A116, 1 9
IJr>F 7'rd
North Andover Planning Board
27 Charles Street
North Andover, MA 01845
Re: Recorded documents: Keyes Way, North Andover, MA
Gentlemen:
Relative to the above entitled matter, enclosed find Quitclaim
Deed, Grant of Drainage & Access Easement and Grant of Pedestrian
Easement to the Town of North Andover that were recorded at the
Essex North District Registry of Deeds and put in my box. If you
have any questions, please do not hesitate to contact me.
sincerely
. W lisp Jr
JJW:C
encs.
r
` OA ad- QUITCLAIM DEED Br% -1370 PG 3 3z
Vorth Andover Realty Corp. , a Massachusetts corporation having an
usual place of business at 100 Johnnycake Lane, North Andover, MA 01845
("Grantor's) ") , for consideration paid, but for no monetary
consideration grant to The Inhabitants of the Town of North Andover,
a Massachusetts municipal corporation in the County of Essex,
Massachusetts, ("Grantee") with Quitclaim Covenants, a certain parcel
of land with all improvements thereon in North Andover, Massachusetts,
.� described as follows:
'J1 The land and way known as "Keyes Way" together with all
Q 1( improvements shown on the plan known as "The Sanctuary, a single family
subdivision, dated March 31, 1998, revised April. 2, 1999" which plan
yy� `� has been recorded with the North Essex District Registry of Deeds as
Plan No. 13, 603 and more particularly described on Sheet A attached
hereto. Said Keyes Way is also shown on "Street Layout Plan, Keyes
Way, located in North Andover, MA, Scale 1" = 401 , December 2001" which
plan is recorded with the North Essex District Registry of Deeds as
Plan No. 14Ij
For Grantor's title see deed from the Roman Catholic Archbishop
of Boston dated October 22, 1999 and recorded in North Essex Registry
4� of Deeds, Book 5599 at Page 138.
clz-
TNESS the execution hereof under seal this day of
2002 .
North Andover Realty Corp.
By
Charles A. Carroll
President and Treasurer
COMMONWEALTH OF MASSACHUSETTS ` CUB
Essex, ss. {( , 2002
Then personally appeared the above named Charles A. Carroll,
President and Treasurer as aforesaid and acknowledged the foregoing
instrument to be the free act and deed of the North Andover Realty
Corp. , Before me
a
J n Wi11 s 'Jr.-Notary Public
M c issio xpires: 9/29/2006
Post office Address of Grantee: Street Address of Proper
!v L
���� I
Sheet A tfi n� a� P ^�1
Beginning at a point on the Northeasterly side of Salem Street at
the intersection of the Northeasterly side of Salem Street and the
Northwesterly side of Keyes Way at a point
Thence in a counter clockwise direction around the bounds of the
said Keyes Way S55o35132"E, 110.00 feet, to a point;
Thence in a Northerly direction along a curve having a radius of
30. 00 feet, a distance of 47 . 1.2 feet to a point;
Thence N34024128"E, 28.22 feet to a point;
Thence in a Northerly direction along a curve having a radius of
150. 00 feet, a distance of 102. 24 feet to a point;
Thence in a Northeasterly direction along a curve having a radius
of 100. 00 feet, a distance of 159. 61 feet to a point;
Thence N86048119"E, 26.84 feet to a point;
Thence in an Easterly direction along a curve having a radius of
100. 00 feet, a distance of 60.74 feet to a point;
Thence• 958023045"E, 85. 01 feet to a point;
Thence in a Southerly direction along a curve having a radius of
60.00 feet, a distance of 38 . 62 feet to a point;
Thence Easterly, Northerly, and Westerly along a curve having a
radius of 60. 00 feet, a distance of 281.49 feet to a point;
Thence in a Westerly direction along a curve having a radius of
60. 00 feet, a distance of 54 .37 feet to a point;
Thence N58023145"Wr 62 . 57 feet to a point;
Thence in a Westerly direction along a curve having a radius of
150. 00 feet, a distance of 91. 10 feet to a point;
Thence S86048119W, 26.84 feet to a point;
Thence in a Southerly direction along a curve having a radius of
150.00 feet, a distance of 239.42 feet to a point;
Thence in a Southerly direction along a curve having a radius of
100.00 feet, a distance of 68 . 16 feet to a point;
Thence S34024028W, 28. 22 feet to a point;
Thence in a Westerly direction along a curve having a radius of
30. 00 feet, a distance of 47 . 12 feet to the point begun at.
All of said dimensions taken together describe the bounds of the
street known as Keyes Way as shown on "Street Layout Plan Keyes Way
located in North Andover, Ma. Scale 1" = 40' December 2001" by
Christiansen & Sergi Professional Engineers Land Surveyors which plan
has been recorded with the Essex North District Registry of Deeds as
plan No. I qlg& to which plan reference may be made for a more complete
descript on of said street.
APPROVAL OF SELECTMEN
We, the undersigned Board of Selectmen of the Town of North
Andover, Massachusetts, pursuant to Massachusetts General Laws Chapter
82 , Section 23 approve the foregoing conveyance to said Town.
zf I"
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. , 200V
211
per so a a \eared the above named
p j and acknowledged the
foregoing instrument to be free act and deed of the Board of
Selectmen of the Town of North Andover, before me
NotaryPublic
My commission expires: �
ype or print na a of notary)
Page 2 of 3
Willis and Willis
Attorneys-at-taw
160 Pleasant Street
North Andover, Massachusetts 01845-2797
Telephone (978) 685-3551
Fax (978) 794-8363
JOHN J. WILLIS, JR. JOHN J. WILLIS
(1951-2000 Ret.)
October 20, 2000
North Andover Planning Board
27 Charles Street
North Andover, MA 01845
Re: The Sanctuary property
North Andover, MA
Gentlemen:
Relative to the above property,please be advised that I checked the Essex North
District Registry of Deeds and find that Form I,the Restrictive Covenants was recorded
in Book 5 893,Page 176 and Form M the conveyance was recorded in Book 5893,Page
180.
If you have any questions, please do not hesitate to contact me.
Yi s, Jr.
Encs.
FORM I
COVENANT
October z 2000
North -Andover i
-- , Massachusetts
\ v KNOW ALL MEN by th se presents that the undersl no has submitted an application dated
._ , to the NO�Tt�r �� _ Piannkng Board for approval of a '
definitive plan of a subdivision of land entitled: , plan by:
I't owned by: North Andover Itnit Cgrp. ,
address: . 0 Johnn cake S t. n ° � located: At
3 , and showing proposed lots. The undersigned has requested the
Planning Board to approve such plan without requiring a performance bond.
IN CONSIDERATION oa said
p o Planning
said Board
wiothautlrequiring���� �— In the county of
p - _ a performance bond, the undersigned
hereby covenants and agrees with the Inhabitants of the as
� follows:
1. That the undersigned is the owner' in fee simple absolute of all the land Included in the subdivi-
sion and that there are no mortgages of record or otherwise on any of the 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 nore than one owner, all must sign. "Applicant" may be an owner or his agent or
V1 representative, or his assigns, but the owner of record must sign the.covenant.
I �. 2, That the undersigned will not sell or convey any lot In the subdivision or erect or place any perma- r
neat building on any lot until the construction of ways and Installation of municipal services
necessary to adequately serve such lot has been completed in accordance with the covenants.
/1 conditions, agreements, terms and provisions as specified in the following:
a. The Application for Approval of Definitive Plan (Form C).
b. The Subdivision Contrbi Law and the Planning Board's Rules and Regulations governing this
'7— subdivision.
�-- c. The certificate of approval and the conditions of approval specified therein, issued by the
2 planning Board, dated ALftm 2 phi :
^ d. The definitive plan as approved and as qu=.lified by the certificate of approval.
e. Other document(s) specifying construction ro be completed, namely:
o
However, a mortgagee 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 pro,, tea 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 tots to be released, and
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 an the subdivision plan or of all lots not
previously released by the Planning Board.
Massacnusel17 Federation of Manning and Appeals Boards 1972
IFtevised 1980, 1961 19$91
20.17
3
8, That the.undersigned agrees to record this covenant with the County
Registry of Deeds, forthwith, or to pay the necessary recording fee 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 of any part of the subdivision In violation of the covenant shall he voidable by the granted
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.
8, That this covenant shall be executed before endorsement of approval of the definitive plan by the
Planning Board and shall take effect upon the endorsement of approval.
9, Upon final completion of the construction of ways and installation of municipal services as
specified herein, on or before ZQO
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; and
' Massacriusells Federalion of Planning and Appeals Boards V312
{rtensad MO. 1983. l9881
20.18
e
Ibman Catholic -Archbishopof`;`,4 ,,_t
For title to the property, see deed fromBcston a corporation �e�a�®d October 22, 2000
recorded in>~G �r.�.blr.. Registry of Deeds, Book 5 9, Page 3 S
imxxx, f � ilBiltxxxxxxx > t I� t
timex1ax�x t6 1 n3[ xxxxxxxfr xx
The present holder of a mortgage upon the property Is ___ 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.
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 or homestead and other
Interests therein. pp
IN WITNESS WHEREOF we have hereunto set our Rands and seals this
October 2000 X {X
Owner
Spouse of Owner
Mortgage Acceptance by a Majority of the Planning Board of
One acknowledgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
COMMONWEALTH OF MASSACHUSETTS
ss lr '� �o a d
/ICZ5,/1�f•�1�
Then personally appeared before me th above named7_8_L�(2lCPeZ 61"and acknowledged
the foregoing instrument to be __, ,L .._ free'act and deed. A) 0 0��- �N AJ JC t tls'5�t�x
C,
Signat to Notary Public (�
My commission expires _ c7L)-cl- L.2-6OG
Massachusells Feawation of Planning and Appeals BoaMS 1972
lRewsed 1980. 1983. 19881
20.19
1 ,. . ,f - i ° .1• 1 V 4• M) Ill Y
44�rY �r10 f 4. •.f f.If•t r�� :�I• rt�
11 r 1•' q ' 9• fa, 1 f91•t�: l �4
` ,r►' _ '� ;7, � I hl�;'� i�, �';, �� .� t�111 � �'�ewi f,; '''1�•i ' ' y t,l
_ _•� i +f 1. f 4 ►.�'¢H 'f ! ,Af�j 1
'y�1 1 I F ,y a;,•..' , Ir.;
` .,• rA' ,11 f `i I.•i.ti Y ,,1>fi'1 if Y i�rfl `��•t�Y f f t� '•i��.
COMMON LTii OF' MACS SACHt#u�
.; 1 ,. f, •y. f
°ssex Count , as f � � � ► �����.
1�C .150i0 Lts� "KS(RU ��13r21z9 �y�
Then rexsonal 7 y appeared before_ me the above named -��3 ��e and acknowled ed =
the foregoing instrument to be free act. and deed. i7/f g J
VL�(nt
{ ignatur is Notary Public
My commission expires
COMMONWEALTH OF MASSACHUSETTS
Essex County _ as 19
t
Then personally appeared before one the above named and acknowledged
the foregoing instrument to be free act and need.
Signature of Notary Public
My commission expires
COMMONWEALTH OF MASSACHUSETTS
ss
Then personally appeared as
the' Applicant or his/ its authorized' agent and acknowledged the
Foregoing instrument to be his or Pier free act and deed and, the
i{e act and deed of the Applicant, before me.
Notary Public
My Commission expires ; ��---- —
FORM I
COVENANT
October {) xW 2000
- North Andover Massachusetts
KNOW ALL MEN by thse presents that the undersigned has submitted an application dated
A,W , to the NO2TN I f E'EZ Planning Board for approval of a
definitive plan of a subdivision of land entitled: , plan by:
n �lIIJ ��lldafed: 5�1, and owned by; or An over Rgi ty Cgrp•,
address: 00 �ohnn cake St. n of located: D
Q1,D A4 ', , and showing _ 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 UQUIA Wtalgy= in the county of
GSSEX approving said plan without requiring a performance bond, the undersigned
hereby covenants and agrees with the inhabitants of the '-000 Ot; I R -1.��--- as
follows:
1. That the undersigned is the owner" in fee simple absolute of all the land Included in the subdivi-
sion and that there are no mortgages of record or otherwise on any of the 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 nore than one owner, all must sign, "Applicant" may be an owner or his agent or
representative, or his assigns, but the owner 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 perma•
nent building on any lot until the construction of 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 flan (Form C).
b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this
subdivision.
c. The certificate of approval and the conditions of approval specified therein, issued by the
Planning Board, dated L 2
d. The definitive plan as approved and as qu..lified by the certificate of approval.
e. Other document(s) specifying construction to be completed, namely:
'Z o Szo And otJRAO
A
However, a mortgagee 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 pro., ion that no lot be said 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, and
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.
Massachusetts Federation of Planning and Appeals Boards 1972
(Revised 1980, 1983. 19881
20.17
F.
S, That the.undersigned agrees to record this covenant with The �� County
Registry of Deeds, forthwith, or to pay the necessary recording fee 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 of any part of the subdivision in vioiatlon of the covenant shall be voidable by 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.
8. That this covenant shall be executed before endorsement of approval of the definitive plan by the
Planning Board and shall take effect upon the endorsement of approval.
9. Upon final completion of the construction of ways and Installation of municipal services as
specified herein, on or before O1
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; and
MassachUWls Federation of Planning and Appeals Boaras 1972
inewseo 1980. 1983. 19861
20,18
Inman Catholic Archbishop;,of,:.;{ ,
October'
For title to theproperty, see deed frogmPa—ton, a corpo, ation s8atied 22 2000
recorded In Registry of Deeds, Book S 5 9 9 Page 13 8 , x
ffiKPMx-X—XXXX)j
tlgaavex�xxxxx� �l�txgxxxxxxxpr��xx
The present holder of a mortgage upon the property is 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.
spouse of the undersigned applicant hereby agrees
that such Interest as 1,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 or homesteaq and other
Interests therein.
IN WITNESS WHEREOF we have hereunto set our hands and seals this of
October. _2000All -(TALy-
XX
e(l
Owner
Spouse of Owner
Mortgage Acceptance by a Majority of the Planning Board of
One acknowledgement must be completed for each of the following;
Planhing Board representative
Owner or owners
Spouse of the owner
Mortgagee
COMMONWEALTH OF MASSACHUSETTS
Then personally appeared before a the above named and ack owledged
the foregoing Instrument to be �,.,.__._, free-act and deed. d
ck
Sig azure I Notary 71"
�f,
My commission expires
Massachuserls Federation of Planning and Appeals Boaios 1972
inevised 1980. 1983. 19881
20.19
r t IN Jill p m , 1 '1,.` ^ I. a "i, • ,y,'fr rE
r .r Ir1t >ta 1 y,r3 'I 1 i C• �f R ,f4. err 'e,1f' ./f�f'►i, r
r , r r� .� to r ra, Nr 1, t TT ,1t\♦ ( \ r , 1 q .` 1 ,�l Utf?ej'l��t'I i r �1 t'�•'
.l� .', r. "1 r rf'y r�+ ''{ ' •r'�1�ir,� yYi t, 1�r5 t�y•l�rfix"
�, J ► } � 1'N `
� 'y{`Ey ,tre
y�Af,. ,[r�M'r. \Ir/,y�� };♦♦.'{ J k5'�r r e
' r IMMON
E• E1 / r 'i � lr 'i '' If r� yIi CIF' MSS$ , ..Essex Count ss
Then personally appeared beforebove named /� � �' 0- � �, a d acknowledge
the Foregoing instrument to betree act and �deed. �0ltJ ,LL-6. (//�9
'igttatu e f Notary Public
My cGRIMission expires C
r
COMMONWEALTH or MASSACHUSETTS
Essex County ss 19
Then personally appeared before me the above named and acknowledged
the Foregoing instrument to be free act and deed.
Signature of Notary Public
My commission expires
COMMONWEALTH of MASSACHUSETTS
ss 19
Then personally appeared as
the' Applicant or his/ its authorized' agent and acknowledged the
foregoing instrument to be his or h;ar free act and deed and, the
free act and deed of the Applicant, before me.
Notary Public
My Commission Expires:
FORM 3:
COVENANT
19
Massachusetts
KNOW ALL MBN by th se presents that the undersi nneedd has submitted an application dated
k�fc2 �a , to the W2MA 1 1D Planning Board far approval of a
definitive plan of a subdivision of lard entitled: AQ S , plan by:
I1 �0!0!J�cohnn
Ztrand owned by: l�or An oven Re;L Cgrp.,
ycake S1=.. , An 0, W6located: OF
40b A4* M SWgIZUI, and showing proposed lots. The undersigned has requested the
Planning Board to approve such plan without requiring a performance bond.
IN CONSIDERATION of said Planning Board of1yiZ`t41- AtJDCtJ In the county of
GSS approving said plan without requiring a performance bond, the undersigned
hereby covenants and agrees with the Inhabitants of the 'CDVJ as
follows:
t. That the undersigned is the owner' in fee simple absolute of all the land Included in the subdivi-
sion and that there are no mortgages of record or otherwise on any of the 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 nore than one owner, all must sign. "Applicant" may be an owner or his agent or
representative, or his assigns, but the owner 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 perma-
nent building on any lot until the construction of 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 C).
b. The Subdivision Control Law and the Planning Board's Mules and Regulations governing this
subdivision.
c. The certificate of approval and the conditions of approval specified therein, issued by the
Planning Board, dated A•29A— 7_L, 150-61 . .
d. The definitive plan as approved and as qu,,lified by the certificate of approval.
e. Other document(s) specifying construction io be completed, namely:
OVE tQa AO 135WSSr
5't'(?P_1r-'l t►Jf�'t�p,. 2�r-»�T
However, a mortgagee 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 prov, ies 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; and
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.
! Massaenuselts Federation of Planning and Appeals Boaras 1972
lRevisea 1980. 1983. 1988)
20A 7
I
8, That the.undersigned agrees to record this covenant with the County
Registry of Deeds, forthwith, or to pay the necessary recording fee 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 of any part of the subdivision in violation of the covenant shall be voidable by 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.
8, That this covenant shall be executed before endorsement of approval of the definitive plan by the
Planning Board and shall take effect upon the endorsement of approval.
9. Upon final completion of the construction of ways and installation of municipal services as
specified herein, on or before 2.00
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.t_., Chapter 41, Section 81-U,
as long as such security i$ sufficient in the opinion of the Planning Board to secure performance
of the construction and installation; and
Massachuselts Federation of Planning and Appeals Boards 1972
iRevrsed 1480. 1983. t9881
20.18
Roman Catholic Archbishoop of
For title to the property, see deed from ton, a corporation -gated
recorded in Registry of Deeds, Book Page tx
irxxxxxxxxxxxxxxxxxxikan&IRQgtgWf2a&Xo=ff g}f xxxxxxxx
tbdaxa�x xxxxx�� pg�� xgxxxxxx� �xx
The present holder of a mortgage upon the property is 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.
spouse of the undersigned applicant hereby agrees
that such interest as 1, 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 or homestead and other
interests therein.
IN WITNESS WHEREOF we have hereunto set our hands and seals this of
t9
rzr I-F �-IUJcr
too 8� t q ,,-�.L y core ,
c rt� r..0
spouse of owner
Mortgage Acceptance by a Majority of the Planning Board of
One acknowledgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
COMMONWEALTH OF MASSACHUSETTS
F 55 E_� , ss S e(' r'l 06W 4D(, 1 g
Then personally appeared before me the above named L U-5 2 and acknowledged
the foregoing instrument to be �1_L_, .,.._ free-act and deed.
Sfgnat rre of Notary Public
My commission expires r 1 t 2�Z
Ma55act+u5eiis Fetlerauon of Planning and Appeals $oaias 1972
tRevlsed 1980. 1983. 19881
20.19
i
COMMONWEALTH OF MASSACHUSETTS
Then personally appeared the above named &V.Pi4bL T Af966S and acknowledged the foregoing to be
///j free act and deed, before me.
otary Public
My Commission Expires.
NOTE; This conveyance is not effective until accepted by Town Meeting.
Willis and Willis
Attorneys-at-Law
160 Pleasant Street
North Andover, Massachusetts 01845-2797
Telephone (978) 685-3551
Fax (978) 794-8363
JOHN J. WILLIS, JR. JOHN J. WILLIS
(1951-2000 Ret.)
December 6, 2000
Planning Board
Town of North Andover
27 Charles Street
North Andover, MA 01845
Re: The Sanctuary property, Keyes Way, North Andover, MA
Gentlemen:
Relative to the above, enclosed find a Form J,Lot Release form. I am requesting
the release of Lots No. 2, 3, 4, and 5 on the Sanctuary Plan No. 13603. It is my
understanding that you are currently holding a cash bond in the amount of$150,000.00
which is sufficient to complete the work required in the subdivision. Under those
circumstances, my client desires a release of the Lots so that he may obtain building
permits and proceed to construction and sale of the lots within the subdivision.
Would you kindly place this matter on your agenda for your next meeting on
December 19" at which meeting, hopefully, you will be able to execute the release. If
you need any additional information or if you have any questions concerning this
request,I would appreciate hearing from you so that I may supplement my filing before
that date and allow for the execution of the Form J on the 19". I remain,
erel ,
l i J. illi r.
Att,rney for North Andover Realty Corp.
JJW:C
enc.
_ 1 f 1 • _ r'`fr Z`� II
1yQ FORM J
J 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 the Performance Bond or Surety and dated
a , 19 and/or by the Covenant dated
M _ Octob 17, 2000 xxxUkx and recorded in District Deeds,
Book 5893 , Page 176 x xxJ�A
btc&xxxxxxxxxxxxxxxxxxa=dxxvYbed<xomx xogx�xX=x
a4 ,0 xjmxx xxBxwdgxxxxxxxxxxxscxxs%��X
has been, xxx �/partially completed, to the
L' f� satisfaction of the Planning Board to adequately serve the °
b enumerated lots shown on Plan entitled IlThe Sanctuary
Section (s) , Sheets
0 Plan dated March 31 ; 1998 reyi�9d * recorded by the
North FRsex Registry of Deeds, PlanXXxM§,, 13602,
ri ��t �x c c x;c xPA§tgkgi-krAYxRiktAgigkxxRkftRxR§a§akx ,
X1RkJ1Xxxxxxxxxxx, and said lots are hereby released from the
restriction as to sale and building specified thereon.
o * April 2, 1999
o 0 Lots designated on said Plan as follows: (Lot Number (s) and
a x street(s) )
Lots numbered 2, 3, 4, and 5, on plan number 13603 Keyes Way
m
m
a�
ro
,a -
b. (To be attested by a Registered Land Surveyor) x ` ,€ ;;�° ::t
T hereby certify that lot number (s) on
Street (s) do
o conform to layout as shown on Definitive Plan entitled
" Section Sheet(s)
Registered Land Surveyor
Z of 2
Return to: Jay Willis
Box 32
•N li
.. ,eta. .• - ;�
C. The Town of North Andover, a municipal corporation situated in
the County of Essex, Commonwealth of Massachusetts, acting by I
its duly organized Planning Board, holder of a Performance a
Bond . or Surety dated , 19 , and/or
Covenant dated _October 171 2000) xxx c from
North Andover Realty Corp. of the C;J=y/Town of Nor 1 An over
.Essex , County, Massachusetts recorded with
the North Essex District Deeds; Book 5893 , Page
176 , or registered in Land Registry District as Document No.
and noted on Certificate of' Title No. , in
Registration Book, , Page , acknowledges
satisfaction of the terms thereof and hereby releases its
right, title and interest in the lots designated on said plan
as follows:
Lots Numbered 2 , 3, 4, and 5, on Plan ##13603
EXECUTED as a sealed instrument this f day of , XW 2000
Majority of the
Planning Board
of the Town c
North Andover
COMMONWEALTH OF MASSACHUSETTS
J , ss ff Z., ) , A,#A 2000
Then personally appeared C�tlr�.4brdelli , one of the above
members of the Planning Board of the ,. Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be the
free act and deed of said Planning Board,' before me.
dry PTA is 61
r
My Commission xpires
2 of- 2
1
FORM J
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 the Performance Bond or Surety -and dated'
48 0c) and/or by the Covenant 'dated
and. recorded in District Deeds,
Book Page
or, registered in
Land Registry Distract as Document
:) 1U No. r-1,- „ ,I and noted on Certificate of Title No,
in Registration Book Page
has -been completed/partially completed, to the
sata sfaction of the Planning Board to ..adeq,uately serve . the
.�� enumerated lots shown on " Plan entitled 'j
Section . (s) Sheets
Plan dated ' ►
. x •��- `� �.9' - -recorded by the. �
Registry of Deeds,. Plan Book , or
registered in said Land Registry 'Di,stri.ct, ' Plan Hook
Plan and said lots are hereby released from the
�1 restriction as to sale and building specified thereon.
Lots designated on' said Plan as follows: (Lot Number (s) and
U\ street(s) )
QJ
Q ,
4
b• (To be. attested by a Registered Land Surveyor)
T hereby certify that lot number (s) on
!•_
Street(s) do
conform to layout as shown on Definitive Plan entitled
Section sheet(.$)
Registered Land Surveyor -
GC T 20'0U AMII:52 '
i. of 2
• �� n- �: apt
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� Perforti dn ce
Bond or Surety dated 19 " - , and/or
Covenant dated October , xr 20 fram
North er-Lea Corp. of the /Town, at; North Andover
Essex , County', Massachusetts, reicord'ed' with
the NarthEssex District Deeds,;, Hook: $ ,. Page
or registered in Land Registry District as:.Document"No.
and noted on Certificate:,of Title- No. __,. in.
Registration Book, , Page , acknowledges
satisfaction of the - terms thereof and, -hereby releases ,its
right, title and interest in the lots designated'. on said `plan
as follows :
Lot Numbered 1 on Plan #1 3603
EXECUTED as a sealed instrument this l day of �� �� , 3 d
majorityof the %1<
Planning Board
of the Town; of
North Andover
COMM•QNWPALTH 'OF MASSACHUSETTS
;;
ss
Then personally appeared Atn S ���, o of the above
members of the Planning Board of the Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be the
tree act and deed of sAid Planning Board, before me.
N ary is
My Commission Expires
2 of 2