HomeMy WebLinkAbout1988-07-12 Legal Documents DEF SUB p p ry 8 _
i:jt % I3 FORM I
1 `iiy I I VENANT t
rAILy s
•��,t'I i I �I ,y
II I II } W� lU°/�' $Massachusetts
1 , KNOW ALL MEN by these presents that th urrdersiyne has ubm!ttad an
application dated Verb /__,[( 7, to the �� - rC]��} s Planning
r 7 Board for approval g1in
in tive Plan ;� �, su&ri-vi> an o� land entitled;I
Plan Y. (1i+1kr. �f.�IS
dated,
17 nwnecf"iiyia��' L�d(� 1+f•ZIL .. 1 _ _� address k _
1 all d 10 c a t a d
and showing
i t , u s. 111 2 f AAIQCLr1 .�,-- J �_ . t+r o p u s e d
tt rn er5 gned bias regucsted the PTann}ng Hoard to approve such
l + plan without requiring a performance hond.
,[ti COlISIDfRATiQN of said Planning Board Of �(/C7�Q7'/�,I sQ,!/•�����
in the county of CSS',
x approving said�an w}—t�touE requrtng
x 1 performance bond, the uncTers fined hereby covenants and agrees with the
inhabitants Of the town as follows :
IIIi € • I. That the undersigned is the owner* In fee simple absolute of all
i
land included in the subdivision and that the
there are no mortgages of
I IrIE , +•ecord or otherwise on any of the land, except for those described
below, and that the present holders of said mortgages have assented
to tills contract prior to its. exgcutiort by the undersigned.
I€ * if there is morc than one Owner, all must sign. "Applicant" may
he an owner or his agent or representative, or his assigns , but
the owner of record must sign tilt, covenant.
2. That the undersigned will not sell or convey any lot in the subdi-
vision or erect or place any permanent building an any lot until
the construction of ways and installation of municipal services
necessary to adequotely serve such lot has bVett completed In accor-
I � li dance with the covenants, conditions, agreements, terms and provisions
„; s 13, as specified in the following:
j. j 14
I
a, The Application for Approroval of Definitive Plan (form C).
b. The Subdivision Control Law and the Planning Board's Rules and
Regulations governing this subdivision,
r+
c. The Certificate of Approval and the conditions of approval sp -
cified therein, Issued by the Planning Board, dated U4. I ,
d. The bnfinitive Plan as approved and as
I
,
PP qualified by the Certl-
I''�''} ficate of Approval .
e. Other document(s) specifying construction to be completed,
; lIi t , namely,
I ' i (Page 1 of 3)
�'if 1
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, � ` � .L..,&..a.�5�.c.a.ell-i. �_„�.ew.af,.�a-.L....a..rd.•c.,]_.s....,.e,.._.�.�wLnu ,��-ti. ...._..,.._,.._f..`.)
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' BK2782 I I
However. a mortgagee whoacquires title to the mortgaged premises
z. by foreclosure or otherwise and any succeeding owner of the mortgaged
premises or part thereof may sell or convey any lot, sub,lect Only to
t that portion of this cavenant which provides that no tot be sold
5 or conveyed or shall be built upon until ways and services have
been provided to serve such lot,
! a. That this covenant shall he bindloq upon the executors, adminis-
{ tratnrs, devisees , Heirs , successors and assigns of the undersigned
and sirall constitute a covenant running with the land included in
the subdivision and snail operate a$ restrictions upon the land,
i 4. That particular lots witirin the subdivision shall be released from
the foregoinn conditlons upon the recordinq of a certificate of
{ performance executed by a majority of the Planning hoard and enum-
eratina the specific lots to be released.
5, . That nothinq herein shall be deemed to prohibit a conveyance by a
€ single deed subject to this covenant, of either the entire parcel
of land Shawn on t1lc subdivision plan or of all lots not previously
released by the Planning hoard.
$. That the undersigned agrees to record this covenant with the ES SE�t`
Couisty Registry of (}eeds, forthwith, or to pay
the rrecessarY rcrordinq fees to the said Planning Board in the event.
the Planning Ooard shall record this ailreement forthwith. Reference
to this covenant shall be entered upon the Definitive Subdivision
Plan as approved.
i 7. P, deed or any part of the subdivision 1rt violation of the covenant
snail be voidable by tsr, grarktee prior to the release Of the cov-
? errant; but not later than three (3) years from the date of Stich
deed, as provided in Section el-U, Chapter 4I , 11,G.L.
1
} 9. That this covenant shall be executed before endorsement of approval
r of the definitive plan by the Planning hoard and shall take effect
k 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 _
the Planning Board shall release this an!TY an
approp-mate instrument, duly acknowledged. Failure to complete con-
struction and installation within the time specified herein or such
later date as may be specified by vote of the Planning Hoard 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 [bard may release
such lot from this covenant by an appropriate instrument duly recoHed
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 froo securinn by one, or in part by
one and in part by another of the methods described in 1I.C,L., Chnp`er
r.,,, Section t,l-U, as long, as such security is sufficient in the
opinion of the planning Board to secure performance of the con-
struction and installation.
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I B92782 fs
�} 210 For title to the property, see deed from fflajN �-f
dated � �� , recorded In SSEX eg s ry n
t i Deeds, no �, Page / ,, or reg stere n
Land Registry as )❑cumOnt o. and noted on rert f cate ❑ t tie
No. in Registration 6noc1�" Page
j —
I The present holder of a mortgage upon the property is Xq f
Of
i k kgagcs'3ate Tr '� and recorded�rs
rre.
I Registry up' Dec d�u Page ! _ or reg stere
d
n Lan eg stry ascurnent Fla, x
and no a on cer Ica e of tT1 fe"il0. �, in Registration Book
Pane life mortgagee anrees toed the mortgage subject o to
s . I covenan F set forth above and agrees that the covenants shall have the
same status , force and effect as though executed and recorded before
the takIny of the mortgage and further agrees that the mortgage shall
I ' be subordinate to the, above covenant.
spouse of the undersigned applicant
sere y agrees that such interest as I, we may have in the premises shall
11 be subject to the provisions oil this covenant and insofar as is recess- s
ary releases all rights of tenancy by the dower or homestead and other
�i
Interests therein, c
' IN WITNESS WHEREOF we have hereunto set our hands and seals this 4-1#_m �
of
14 84
E '
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EI �}•
AC ept RR by Majority ofP ' oard of
II `3 i Recorded Aug.8,19M at 9t7AM 018789
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- � �! ice,,. e�axsa�fi�si�'WllA -..:ic '`���.s�.a - -;': � �:,a�,.:a%:�rrr��J�.a, '��.lna.,c.4�..:"rF�:a1✓,
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RELEASE l'C�Rtt
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 clays and mun.i{_iPal
services called for the Performance Bond or Surety and dated
19 and/or by the Covenant dated
1
AQ6'U31- �- r 19$7 . and recorded in District Deeds ,
B o o k ) , Page y or registered in _ ....---------- ---- --
Land Registry District as Document No .
and noted on Certificate of Title No . _______.----- in
Registration Book . Page ----�_ has been c:oopieted/
partially completed, to the satisfaction of the Planning Board
to adequately serve the enumerated lots shown on Elan entitled
,i UlE f \k _L FkRM _ sec,tion ( s )
Plan dated SEp7'. 1 1907 _ recorded by the ANDY _-
rJ) Registry of Deeds , Plan f� ________--• -�.•� �
or registered -in said Land Registry District , Plan LOOk --_--.--
Plan and said lets are hereby rclw_On'd from the
restriction as to sale and building specified thereon .
Lots designated on said Plan as follows : ( Lot Number ( w ) nct
street( s ) )
c24
------ - - - - - _-----------
b . ( To be attested to by a Registered Land Surveyor )
T hereby certify that lot number ( s ) ____ _�.. _- �`� �_.!�1.-(✓.r.- 1--on RC) �F-_WA L ---- �- -- - - '3 t r e e t( s J
do conform to layout as shown Qn Definitive Plan entitled
section
R giste -1eq y vey .i
^' PAt.lt-GON
Page o f 2 � No. 31725 �
The 'Down of North over , a municipal corpc 1oil si tuatF c! in
the County of Lss .., Cominonc-iealth of tla asarizL��r, + ts , zt tia�q Icy
its duly organized Planning Board , holder of a Per!:orl"Ence Bond
or Surety dated ----, 19 and/or Covenant
dated U t7T , 19 — f r o m
of the City/ Town off -- -
�cj� , County , Massachusetts recorded with the
District Deeds , k3oolca"
Page 0 , or registered in Land Jtegistry District as Document
No . and noted on Certiticate 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 bn said plan as follows :
EXECUTED as a sealed instrument this day of GuST 19 -
Majority of the
Planning Board _��_� .__.______--• ��------..-___.._.
of the 1'ot-rn of --
North Andover r --- --- - .........
COMIJONWEAL` H 02' HASSACHUSETTS
ss . /1060sr 4Y l g
Then personally appeared � E � L�. _._., one of the above
members of the Planning Board of the Town of North Andover ,
Massachusetts and acknowledged the foregoinq instrument to be +she tree
act and deed of said Planning Board, before me .
Notary Public
my Commission 'Ei' xpiSQC :
Page 2 of 2
1
J�
FORM L
REFERRAL FORiV
_Preliminary Plan
Definitive Sibdivision
Special Permit
Site Plan Review
North Andover, Massachusetts
Director, Public Works
Sup' t/Highway, Utilities & ��erations
Director of Engineering & Administratio
Supervisor of Forestry & Ground
Fire Chief
Conservation Commission
Inspector of Buildings °r
Board of Health
Police Chief --
Planning Board
A Public Hearing has been scheduled for ,"�'>()p.m. on l. ° c -•
to. discuss these plans. (Preliminary plans do not need (ublic hearing.}
May we have your comments and recommendations concerning these plans
no later than C
Thank you,
_. le , Planning Office
r
i
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
Jen-(,'or Construction Co. Inc. , o f I swich
Essex___ County , Massachusetts ; for the
consideration of One Dollar hereby grants , transfers and
delivers unto the town of rtyi Andover a
municipal corporation i n the Northern Distract of 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 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 "Bruin Hill Farm" subdivision ,
dated September 1, 1987 . , said plan is made and said plan is
incorDorated herein for a comp ete and detailed description of said
roads .
being access and passage by foot
B . The perpetual rights and easement to use for / and vehicle over
the ko-ddmwiocK parcel of land Bruin Hill Road and turn--a-rounds,
SxwmAx i n s a i d town o f North Andover, Massachusetts 'on said plan.
C. Perpetual rights and easements to drain water over areas of Lots 1, 6 and 7 as
shown on said plan.
D. The above rights and easements shall be exercised with all due regard for
property of the lot owners in- said subdivision. All work for repair construction,
maintenance or replacement shall be completed, without undue delay and in a -
reasonable and workmanlike manner; the grantee shall restore all areas to
their approximate previous conditions.
The grantor warrants that the aforesaid easements are free and clear
of all liens or encumbrances , that kR {Jt-} has good title to trans -
fer the same , and that he will defend the same against claims of all
persons .
For grantor ' s title see d e e d f r o m Robin C. and Sandra D. Munroe
dated November 7, , 1985 and recorded in
Essex County North District R e g i s t'ry of Deeds , 3 a u k
2076 Wage 133 ,
To be completed if a mortgage exists :
And Somerset Savings Bank of 40 Union SsD4re
Somerville Massachusetts the p r e s e n t ho I der of a
mortgage on the above descri_bed land , which mortgage is dated
October 20 19 87 , and recorded in said Deeds , Oft on
l0 21 87 & , for consideration paid , hereby releases
unto the town forever from the operation of said mortgage , the rights
and easements hereinabove granted and assents thereto .
fPaoe 1 of 2 )
' o 1
.. •,yet Savings Bar- Jent r�Copp tructl.()n'-'(� In
l
a
Authorized si gnat-ure of Mortgagee �-'Ow'ner John M. Cormier, President
IN WITNE S WHEREOF we haft-e-_hereunto set our hands and seals this
� day of r-o 19 88
COMMONWEALTH OF MASSACHUSETTS
Essex
ss
1988
C
Then personally appeared the above named John M. Cormier
and acknowledoed the foregoing to be the free
act and deed , of Jen•-Cor
Construction Co. , Inc. before me, _....
Notary Public
My Commis s i on Expires :
NOTE : This conveyance is not effective until accepted by Town Meeting
or the Board of Selectmen .
( Pane 2 of 2 )
FORM 0:
CONTROL FORM FOR PROCESSfNG
SUBDIVISION PLAN AND CONSTRUCTION
SUBDIVISION PLAN ENTITLED: ,A
LAND LOCATED:
------------
1"b
APPLICANT: ADDRESS: PHONE:
Date of Preliminary Plan
Date of Preliminary Plan Submission (PS)
Preliminary Plan Approval Date (PS+45)
Date of Definitive Plan
Submission Date (s) /
IL
Check: Received Forms Received p�i-ans`Rebe'ved
Date of Definitive Plan Submission to other Divisions
Date of Technical Review Committee Meeting
Application Deadline Date (S'+t90 or 135- Days)
% .
Hearing Date (H) 0 b
Date of Letters to Abuttors (H-14 days)
Date of Newspaper Notices 2: (H-14 days, Ist notice' � --1
Approval or Disapproval Date (A)
Appeal Deadline Date (A+2.0 days)
Date of Performance Guarantee Agreement
Description of Performance Guarantee
Date Record Plans Endorsed
Date Plans and Performance Guarantee Recorded
Book Number
Page Number
Date of Ame—ndments/Extensions to Original Perf. Guar.
Description of Amended Performance Guarantee
Date of Amendment Modification/Rescission of Approval
Other
RELEASES:
LOT NUMBERS DATE OF RELEASES PERFORMANCE GUARANTEE- RELEASES'
Date of Final Release/Certificate of Completion
� r
FORM T
CONSTRUCTION SCHEDULE
SUBDIVISION : Bruin Hill Farm PHASE I1 One Phase
DEVELOPER Jen—Cor Construction Co. , Inc .
STARTING COMPLETION
ACTIVITY DATE DATE
1 . Clearing of Right of Way March 15 , 1988 June 15 1988
Subgrade Preparation
Drainage ( below grade ) Installation
Water and Sewer Installation
r
Gravel Base
2 . Curb Installation June 15 , 1988 August 15 1988
Binder Course
Drainage (,at surface )
Berm Installation
3 . Finish Course
Tree Planting
Sidewalk Construction October 15 1988 November 15 , 1988
4 . Street Siqns and Monuments October 15 1988 November 15 1
Final Clean -Up
Maintenance
Fire Alarm Installation
5 . Final Completion Date November 15 1988
FORM D
DESIGNER ' S CERTIFICATE
September 1, , 19 87
TO THE PLANNING BOARD OF THE TORN OF NORTH ANDOVER ,
In preparing the plan entitled Bruin Hill Farm
I hereby certify that the above named plan and accompanying data is true
and correct to the accuracy required by the current Rules and Regulations
Governing the Subdivision of Land in North Andover , Massachusetts , and
my source of information about the location of boundaries shown on said
plan were one or more of the following :
Bench Construction, Inc. 1. Robin C. & Sandra D. Monroe
1 . Deed from North Andover Assoc, to 2 . Robin C. & Sandra D_ Mnnroe
1 . Sept, 18 , 1975
dated 2 , Mav 9, 1972 and recorded in the
1 . 1267 442
Essex North Registry in Book 2 . 1193 page 64 .
2 . Other plans , as follows Plan No. ' s 7262, 6447, 7251, 6423 , 7313,
2681
3. Oral information furnished by Dave Webber . of: Kaminski Assoc. , Inc.
of North Andover
4 . Actual measurement on the around from a starting point established
by Mayes Engineering, Inc.
5 . Other Sources Frank C. Gel,inas
Si g n e d S41C->
(Seal of Engineer or ( Registered Profes ional Engineer or
S u r v e Registered Land Surveyor)_
r
' Address
4
`w 144�.a
JEN-COR CONSTRUCTION CO. ,INC.
to
MASSACHUSETTS ELECTRIC
COMPANY
EASEMENT DEED
1 }
t
KNOW ALL MEN BY THESE PRESENTS
that J'EN-COR CONSTRUCTION CO. , INC. a Massachusetts-
corporation with a usual place of business in Ipswich,
Massachusetts , (hereinafter referred to as the Grantor) for
consideration of One ($1. 00) dollar, grants to MASSACHUSETTS
ELECTRIC COMPANY, a Massachusetts corporation with its
principal place of business at 25 Research Drive, Westborough,
Worcester County, Massachusetts (hereinafter referred to as the
Grantee) with quitclaim covenants, the perpetual right and
easement to install., construct, reconstruct , repair, replace,
add to, maintain and operate for the transmission of high and
low voltage electric current, an "UNDERGROUND ELECTRIC
DISTRIBUTION SYSTEM" (hereinafter referred to as the
"UNDERGROUND SYSTEM") in North Andover, Essex County,
Massachusetts, consisting of lines of buried wires and cables
and lines of wires and cables installed in underground
conduits, together with all equipment and appurtenances thereto
for the furnishing of electric service to the herein described
premises , and without limiting the generality of the foregoing,
but specifically including the following equipment; namely:
manholes, manhole openings, handholes , junction boxes,
transformers, transformer vaults, padmounts , padmount
4
transformers and all housings, connectors , switches , conduits ,
cables and wires all located within the easement area of the
hereinafter described property.
Said "UNDERGROUND SYSTEM" is located in, through,
under, over, across , and upon Lots 1 through 8, inclusive, as
well as a private street or way known as Bruin Hill Road all as
shown on a plan entitled: "DEFINITIVE PLAN OF BRUIN HILL FARM
PLAN OF LAND IN NORTH ANDOVER, MASS . DATE: SEPT 1, 1987
REVISED JULY 31, 1988" , recorded with Essex North District
Registry of Deeds as Plan ##11210 ,
And further, said "UNDERGROUND SYSTEM" (locations of
the electrical- equipment and---other-- facilities on-- the ---- -
hereinbefore referred to premises of the Grantor) is laid out
and more particularly shown on a sketch entitled: "BRUIN HILL
ROAD OFF WINTER ST. NORTH ANDOVER, MASS . SHEET NUMBER
044--133" , said sketch is made a part hereof by reference
thereto, copies of which are in the possession of the Grantor
and Grantee herein, and the final definitive locations of said
"UNDERGROUND SYSTEM" shall become established by and upon the
installation and erection thereof by the Grantee, in
substantial compliance with the hereinbefore referred to sketch.
Also with the further perpetual right and easement
from time to time to pass and repass over, across and upon said
land of the Grantor as is reasonable and necessary in order to
2
4
renew, replace, repair, remove, add to, maintain, operate,
patrol and otherwise change said "UNDERGROUND SYSTEM" and each
and every part thereof, but not the general location thereof ,
and to make such other excavation or excavations as may be
reasonably necessary in the opinion and judgment of the
Grantee, its successors and assigns, and to clear and keep
cleared the portions and areas of the premises wherein the
"UNDERGROUND SYSTEM" is specifically located as shown on the
sketch herein referred to, of such trees, shrubs , bushes,
structures , objects and surfaces as may in the opinion and
judgment of the said Grantee, its successors and assigns ,
interfere with the safe and efficient operation and maintenance
of said "UNDERGROUND SYSTEM and other related electrical.
equipment. However, said Grantee, its successors and assigns,
further covenants and agrees that after any excavation or
excavations made by it as permitted by this easement, it shall
properly backfill said excavation or excavations and restore
the surface of the land to as reasonably good condition as said
.surface was in---immediately prior--to the excavation or
excavations thereof .
If said herein referred to locations as laid out and
shown on •the sketch herein also referred to are unsuitable for
the purposes of the Grantee, its successors and assigns, then
said locations may be changed to areas mutually satisfactory to
- .3 -
1r 1 )
both the Grantor and the Grantee herein; and further, said
newly agreed to locations shall be indicated and shown on the
sketch above referred to by proper amendment or amendments
thereto .
It is the intention of the Grantor to grant to the
Grantee, its successors and assigns , all the rights and
easements aforesaid and any and all additional and/or
incidental rights needed to install , erect, maintain and
operate within the Grantor ' s land an "UNDERGROUND SYSTEM" for
the purposes of supplying electric service for the building,
buildings or proposed buildings shown on the last herein
referred to sketch or amended sketch.
It is agreed that all wires, cables, and appurtenances
thereto shall be located within ten (10) feet of the lot line
abutting said private street or way.
It is further agreed that said "UNDERGROUND SYSTEM"
and all necessary appurtenances thereto, shall remain the
property of the Grantee, its successors and assigns ,- and that
the Grantee, its successors and assigns, shall pay all taxes
assessed thereon.
For Grantor ' s title, see deed from Robin C. Munroe et
ux dated November 7, 1985 , recorded with Essex. North District
Registry of Deeds in Book 2076, Page 133 .
- 4 -
IN WITNESS WHEREOF, said JEN-COR CONSTRUCTION CO. ,
INC. has caused its corporate seal to be hereto affixed and
these presents to be signed in its name and behalf by
its M 0 Y�E�jV��being thereunto duly authorized this r� day
of bo()g�11988 .
JEN-COR CONSTRUCTION CO. , INC.
v
By
�S 1 t0
r
By
THE COMMONWEALTH OF MASSACHUSETTS
ss . 1988
Then personally appeared a 70
the above--named 140 �+
6 0P_% C �(,C-Sti wr and 4wVPNC1P4 LACe-Qk'X ('bRAIC-
nd
- .... ........ac nowledged the foreg-ping instrument to be the free act and
deed of JEN-COR CONSTRUCTION CO. , INC.
Before me,
I
Notary PubNc ' 115
My Commission expires ; 2 fj� Ssq
§ 5 - v
WILLIS and WILLIS
ATTORNEYS-AT-LAW
160 PLEASANT STREET
NORTH ANDOVER, MASSACHUSETTS 01845
JOHN J. WILLIS TELEPHONE 685-3551
JOHN J. WILLIS, J.R.
January 14 , 1987
New England Power Company
1101 Turnpike Road
North Andover, MA 01845
Attention : Carl Mosley
RE: BRUIN HILL SUBDIVISION
Dear Carl :
Per your suggestion in our phone conversation of January
14 , 1987 , I have contacted the engineers for the above--captioned
project. It would appear that no formal written assent to the
work is being required by the bank or any other part at this
time and so we will proceed to perform the work per the approval
of :Mr. Vance,
Thanking you for your help and information in this
matter, I remain,
Sincerely,
John J. Willis, tr.
JWJR:psw
cc: Jack Lougee
Dana F. Perkins & Associates , Inc .
FILE #12 , 628
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WILLIS and WILLIS
ATTORNEYS-AT-LAW
160 PLEASANT STREET
NORTH ANDOVER, MASSACHUSETTS 01845
JOHN J. WILLIS TELEPHONE 685-3551
JOHN J. WILLIS, JIB.
January 14 , 1987
Dana F. Perkins & Associates , Inc.
43 Lakeview Avenue
P.O. Box 1322
Lowell , NIA 01853
Attention: Jack Lougee
RE: BRUIN HILL FARM SUBDIVISION
Dear Jack:
I have at your request, followed up on the letter you
received from J. F. Vance of New England Power Service. You
will find enclosed a copy of my letter to Carl Mosley per that
letter of Vance.
In following up my letter to Carl , I had a phone con-
versation with him this day, the 14th of January, 1987 , wherein
he informed me that the letter from Mr. Vance was sufficient
authorization to do the work intended. If you intend to change
the character of the work, or need any further help from me
in implementing the suggestions of Mr. Vance, I would be more
than happy to work with you to make sure that the work done
is that which has been approved.
Hoping this meets with your requirements , I remain,
i.ncerel��
Joh J. illi's , Jr.
JWJR:psw
Enclosure
cc: Carl Mosley
File #12 , 628
January 5 , 1987
'Mew England Power Company '
Road
MA 01845
Attention: Carl. Kbs•ley
RE; BRUIN HILL FA4M SUBDIVISION-
-Dear Carl:
J. hcivc:! bt u n retained by .Mr. John °CormiE:�r -concerning , the
implewenL-ation of the construction of the above-cu'ptioned
subdiv:i:;ioa Plans. You will find enolrjsex! with this Letter,
a copy .of the 1c tter sc.rlt to the 'Et,gineers fol.- tYiis pzosect ,
by J.P. Vance, New England ..Power Service CotivAny. I note
that a carbon of this letter was sent. to you and I would ask
you for an appointment Sometime. alter the first of the year, r
either by phone, - or in person, in order that we, might discuss'
an official assent to work on �he.. xight .of way of• the New
England Power Service Company ,
I look forward to our meeting. and hope we will -have a
mutually beneficial relationship.
Wishing you the . best of= the New Year, I remain,
Sincerely;
John J: Willis, Jr. a
JWJR:paw
Enclosure
mile. #L2,�2$ .
-• --_.
Now England Power Service Company.
25 Research Drive
New England Power Service Westborough,Massachusetts 01582.0099
Tel.(617)366.9011
December 2, 1986
Mr. John H . Lougee, Project Engineer
Dana F . Perkins & Assoc. Inc.
125 Main Street
Box 506
Reading, Massachusetts 01867
Dear Jack:
Bruin Hill Farm Subdivision
We have reviewed the amended plans for referenced subdivision
and note that you have shown the location of houses and septic systems
on the lots which utilize the right-of-way. Also you have agreed to
relocate our service road around the proposed retention area and
provide ramps at the road crossing. (I have highlighted on the
attached print our structures and access roads. ) The clearance to the
proposed Bruin Hill Road from the conductors appears adequate. We will
check it after the roadway is complete.
As discussed, we are very concerned about adequate area outside
the right-of-way for the proposed dwellings. It is very difficult to
maintain our facilities across lawns and backyards . Also no structures
such as sheds, pools and gyms will be allowed on the right-of-way. It
would be appreciated if you mentioned our easement in your deeds when
selling lots that include portions of the right-of-way. Future circuits
and structures will undoubtedly be placed on this right-of--way.
The proposed subdivision appears engineeringly satisfactory.
You should contact Carl Mosley at our North Andover office for an
official assent to work on New England Power Company' s right-of-way.
If I can be of any further assistance, please let me know.
Very truly yours ,
NEW ENGLAND POWER SERVICE COMPANY
J . F . Vance
Manager, Transmission Engineering
JFVldmr
Enc.
cc: C . I .Mosley
S .V .Hughes
D .B.Millson
A New England Electric System company
y I 1
I
HALL & QUINN
276 ELM STREET
SOMERVILLE,MASSACHUSETTS 02144
617 62S-REO0
FAX 020-6204
WILLIAM R.HALL,P.C.
JOHN J.OUINN
DAVU J.POWERS
February 7, 1995
Ms. Kathleen Colwell
Planning Board
Town Hall
North Andover, MA 01845
RE: Bruin Hill Subdivision
Lots 1A, 6 & 7A - Deeds of Easement
Reduction of Escrowed Funds
Dear Ms. Colwell:
Pursuant to our letter of January 12, 1995 on behalf of the
Somerset Savings Bank, I am enclosing certified copies of the
three (3) recorded Easements for the above-referenced property.
Kindly file same for review by the Planning Board at tonight's
meeting.
You will recall that this same matter was before the
Planning Board on December 6, 1994. At that time, you
recommended that $40, 000 be released from the $79, 000 Passbook
Account for Municipal Services and the Department of Public Works
indicated that all but $9 , 000 could be released to protect the
Town's interest, given the minimal punch list remaining.
Despite their recommendations, the Planning Board voted not
to release any funds until these Easement Deeds were executed and
recorded. With the production of these certified recorded
easements, you reported that all but $9, 000 from this Passbook
Account would be released.
In view of the above, I am hereby reqesting that the Board
release all but $9, 000 from the Passbook Account at its meeting
scheduled for February 7, 1995 at 7 : 00 p.m.
Thank you for your attention to this matter.
\Very truly yours,
David J. Powers
DJP:clb
enclosure
i
i
I
r
HALL & QUINN
27B ELM STREET
SOMERVILLE,MASSACHUSETTS 02144
B17 62R-8200
WILLIAM R.HALL,P.C. FAX 628-6804
JOHN J.OUINN
OAVIO J.POWERS
January 12, 1995
Ms. Kathleen Colwell
Planning Board
Town Hall
North Andover, MA 01845
Re: Bruin Hill
Lots lA, S and 7A Deeds of Easement
Dear Ms, Colwell:
Enclosed please find copies of the Deeds of Easement
referred to above. The respective Easements are signed by all
necessary parties except for that one involving Jen-Cor
Construction Co. , Inc. The property owners, Jeffrey C. Hall and
Margaret E. Smith, have signed as you can see, but I have yet to
get Jean Cormier, President of Jen-Cor, into the office to sign.
I am confident we will have him within a few days' time.
I understand that you are placing the matter of the escrowed
funds on the agenda for the February 7 , 1995, meeting. We will
have evidence of recorded easements (all three of them) if, in
fact, we don't have the original Easements back from the Registry
of Deeds.
Best regards,
��iam all
WRH/f td
Enclosures � i
1 f.
i
i f
HALL s5. QUINN
C27B ELM STREETDE
BC3MERVILLE,MASOACHLJSETTS 62144
617 628-OBOO
WILLIAM R,HALL,R,p, FAX 628-6HO4
JOHN J.OUINN
DAVI❑J.POWERS
December 2 , 1994
BY FAX: 508-682-2996
Ms. Kathleen Colwell
Planning Board
North Andover, MA
RE: Bruin Hill Subdivision
Lots 1A, 6 & 7A
Performance Passbook Account $79 , 000. 00
Dear Ms. Colwell:
As I indicated in our phone conversation of this date, this
office has prepared deeds of Easement running from the owners of
the Lots named above to the Town of North Andover. We sent an
information package consisting of the deed into the given lot
owner, a copy of its portion of the subdivision plan that depicts
the owner's lot and which shows a drainage easement of each Lot,
the original executed Form M and lastly, the Easement to be
executed.
As soon as we receive the list of items from Bill Murciak that
require attention, the Bank will address them. As I indicated at
our meeting in your office on November 7 , 1994 , the Somerset
Savings Bank will pursue the uncompleted items of work, including
securance of the Easements, to a conclusion.
We do request release at this time of the sum of $40, 000 from
the $79 , 000 presently in the stated account. I believe the sum of
$9 , 000 was suggested at an earlier point in time as an appropriate
sum to cover the completion of "work" items. I feel that an
additional $30, 000 being retained will convince the Board of the
Bank's seriousness of purpose in completing all work.
We respectfully ask you to place this matter on the agenda for
the Board's Meeting Tuesday, the 6th of December.
Very truly yours,
� lliam R. Hall
WRH:ss
CONVEYANCE OF EASEMENTS AND UTILITIES 1
I, Dean W. Koulouris of 30 Bruin Hill Road, North Andover,
Massachusetts, 01845, grant to the Town of North Andover
perpetual rights and easements to drain water over that area of
Lot lA shown as record drainage easement on that certain plan 4
numbered 11865 of 1990, which is 'recorded in the Registry of
Deeds of Northern District Essex County on the date December 11, +
1990.
The above said Town of North Andover by the acceptance and
recording of this instrument hereby agrees that the above rights ,
and easements shall be exercised with all due regard for property
of the lot owners in said subdivision. All work for repair,
construction, maintenance or replacement shall be completed
without undue delay and in a reasonable and workmanlike mariner.
The Town of North Andover shall restore all areas to their
approximate previous conditions. The aforesaid Grantors warrant
that the aforesaid easements are free and clear of all liens or.
encumbrances that they have good title to transfer the same and `%. ,' '
that they will defend the same against claims of all persons.
For my title see deed of Jen-Cor Construction Co. , Inc. to
me dated February 27 , 1992 , and recorded in Essex North District
Registry of Deeds in Book 3409 at Page 343 . L'' '
G+��^�yy q I
Executed this day of_ =MV, i '
4
Dean W. Koulouri g C-M
COMMONWEALTH OF MASSACHUSETTS
Then personally appeared the above-named Dean W. Koulouris and
acknowledged the foregoing instrument to be his free act and
deed, before me
Notary Public
My commission expires:
8
CONVEYANCE OF EASEMENTS AND UTILITIES
We, Jyh-Heui Chern and Sing-Jen Chern, husband and wife as
tenants by the entirety, of 77 Bruin Hill Road, North Andover,
Massachusetts, 01845, grant to the Town of North Andover
perpetual rights and easements to drain water over such area of
Lot 6 Bruin Hill Road as is designated drainage easement on that l
plan of land numbered 11210 and recorded with the Essex North
District Registry of Deeds August 8 , 1988 .
The above said Town of North Andover by the acceptance and
recording of this instrument hereby agrees that the above rights ''
and easements shall be exercised with all due regard for property
of the lot owners in said subdivision. All work for repair,
construction, maintenance or replacement shall be completed
without undue delay and in a reasonable and workmanlike manner.
The Town of North Andover shall restore all areas to their
approximate previous conditions. The aforesaid Grantors warrant
that the aforesaid easements are free and clear of all liens or
encumbrances that they have good title to transfer the same and
that they will defend the same against claims of all persons.
For our title see deed of White Birch Construction, Inc. to
us dated December 17, 1993 , and recorded in Essex North District
Registry of Deeds in Book 3935 at Page 61.
w
Executed this day of December, 1994 .
41
Jy -Heui Chern
r�
S ' Je Chern
COMMONWEALTH OF MASSACHUSETTS X
Essex, ss. Decemberl�2-, 1994
Then personally appeared the above-named Jyh-Heui Chern and Sing-
Jen Chern and acknowledged the foregoing instrument to be their
free act and deed, before me r..
Notar Public /
My commission expires:
i
' HALL & QUINN ����
276 ELM STREET
SOMERVII.LE,MASSACHLISFTTs 02144
617 626-6800
FAX 628-6604
WILLIAM R.HALL,P.O.
JOHN J.OUINN
OAVID J.DOWERS
December 2 , 1994
Mr. Jyh--Heui Chern
Ms. Sing-Jen Chem
77 Bruin Hill Road
North Andover, MA
Re: Drainage easement to Town of North Andover
Dear Mr. Chern and Ms. Chern:
I am enclosing herewith for your review a conveyance of
easements and utilities form, commonly known as Form M, which
form was prepared by the Town of North Andover and relates to
easements and utilities at the Bruin Hill subdivision.
This office represents the Somerset Savings Bank which was
the lender that provided construction financing to the developer
of the Bruin Hill subdivision, Jen-Cor Construction Co. , Inc. ,
and ultimately to the successor developer, James Grifoni. The
enclosed Form M should have been recorded in the Essex North
District Registry of Deeds prior to the time that lots were sold
out of the subdivision. It was not. As you may be able to note
from the information found at the top of the Form M, this copy of
the form was forwarded me by one Janet Eaton of the Town of North
Andover. She is associated with the Planning Board in the Town,
and the Board has the original of this form.
It is, of course, too late to record the original Form M
presently in the Town's possession inasmuch as new interests in
your lot have arisen, namely yours as owners and that of
Countrywide Funding Corporation as lender. The plan that is
referred to in your deed, a copy of which is enclosed, from White
Birch Construction Inc. , i. e. , Plan No. 11210 of 1988 , does show
a drainage easement on Lot 6 and is enclosed herewith. The Town
of North Andover is requiring that the easements anticipated by
the Form M be delivered it by the present interest holders, i.e. ,
yourselves and the mortgage holder, before it will recognize that
the developer's responsibilities vis-a-vis the subdivision are
completed. I believe it is to your best interest to have a
document signed by the Town that does recognize the
responsibility on the part of the Town to put into proper repair
which portions of your lot might be affected by the Town
performing drainage easement work on your lot.
Mr. Jyh-Heui Chern
Ms. Sing-Jen Chern
December 1, 1994
-2-
I have enclosed an easement and utility deed for your review
and signatures. The document clearly limits your grant to a
drainage easement over Lot 6. The Town, of course, must do any
work that it would do in a good and workmanlike manner, and it
must restore the property after such work.
I trust and' I hope that you can cooperate in this matter by
either calling me or conferring with your own attorney on this
issue and ultimately by signing the enclosed. I will be writing
to your mortgagee under separate cover for its assent.
Thank you for your attention.
Very truly yours,
William R. Hall
WRH/ftd
Enclosure
i
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I
CONVEYANCE OF EASEMENTS AND UTILITIES
We, Jyh-Heui Chern and Sing-Jen Chern, husband and wife as
tenants by the entirety, of 77 Bruin Hill Road, North Andover,
Massachusetts, 01845, grant to the Town of North Andover
perpetual rights and easements to drain water over such area of
Lot 6 Bruin Hill Road as is designated drainage easement on that
plan of land numbered 11210 and recorded with the Essex North
District Registry of Deeds August 8 , 1988 .
The above said Town of North Andover by the acceptance and
recording of this instrument hereby agrees that the above rights
and easements shall be exercised with all due regard for property
of the lot owners in said subdivision. All work for repair,
construction, maintenance or replacement shall be completed
without undue delay and in a reasonable and workmanlike manner.
The Town of North Andover shall restore all areas to their
approximate previous conditions. The aforesaid Grantors warrant
that the aforesaid easements are free and clear of all liens or
encumbrances that they have good title to transfer the same and
that they will defend the same against claims of all persons.
For our title see deed of White Birch Construction, Inc. to
us dated December 17, 1993 , and recorded in Essex North District
Registry of Deeds in Book 3935 at Page 61.
Executed this day of December, 1994 .
Jyh-Heui Chern
Sing-Jen Chern
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. December , 1994
Then personally appeared the above--named Jyh-Heui Chern and Sing-
Jen Chern and acknowledged the foregoing instrument to be their
free act and deed, before me
Notary Public
My commission expires:
CONVEYANCE OF EASEMENTS AND UTILITIES
4 °
V�y
Jen-Cor Construction Co. , Inc. of Ipswich, Essex County,
Massachusetts, for the consideration of $1 . 00 hereby grants,
transfers, and deliverslunto the Town of'Andover, a Municipal
corporation*in the Northern District of Essex County, the
following:
1 1, 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 "Bruin
Hill Farm" Subdivision dated September 1, 1987 , said
plan is made and said plan is incorporated herein for a
complete and detailed description of said roads.
2 . The perpetual rights and easement to use for access and
passage by foot and vehicle over the parcel of land
being Bruin Hill Road and turn-a-wrounds in said Town of
North Andover, Massachusetts, on said plan.
For Grantor's title see deed from Robin C. Munroe and
Sandra D. Munroe dated November 7 , 1985, and recorded in Essex ;
County North District Registry of Deeds Book 2076 Page 133 . ,
c�
Jeffrey C. Hall and Margaret E. Smith, husband and wife as
tenants by the entirety, hereby join in this instrument for the
sole purpose of granting to the aforesaid Town of North Andover
perpetual rights and easements to drain water over areas of Lot 7 -
on the aforesaid plan now Lot 7A on Plan 11922 , which plan is -
dated June 10, 1991, and recorded in the Essex North District
Registry of Deeds.
The above said Town of North Andover by the acceptance and
recording of this instrument hereby agrees that the above rights
and easements shall be exercised with all due regard for property
of the lot owners in said subdivision. All work for repair,
construction, maintenance or replacement shall be completed
without undue delay and in a r�:asonable and workmanlike manner.
The Town of North Andover shall restore all areas to their
approximate previous conditions. The aforesaid Grantors warrant
that the aforesaid easements are free and clear of all liens or
encumbrances that they have good title to transfer the same and
that��they will defend the same against claims of all persons. ,
• EII
Fol; title of Jeffrey . C. Hall and Margaret E. Smith to Lot 7A
above, see deed of White Birch Construction Inc. dated
September 15, 1993 , and recorded in Essex North District Registry
of Deeds in Book 3834 at Page 196 thereof.
Executed this t �Jday of December, 1994 .
JEN-CORICONST TI CO. , I J I
,p
y:
0 er John if. Cormier, President
and Treasurer
Je re Hall
Margaret . Sm th
4
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. December 24, 1994
Then personally appeared the above--named John M. Cormier,
President of Jen-Cor Construction Co. , Inc. , and acknowledged the
foregoing instrument to be the free act and deed of iTen-Corr
Construction Co. , Inc. , before me
. i
_--/ f�
Notary Public C1
l rIl ti-
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
Essex, ss . DecemberX, 1994
Then personally appeared the above-named Jeffrey C. Hall and
Margaret E. Smith and acknowledged the foregoing instrument to be
their free act and deed, before me
6tary Public '
My commission expires: /0�.'����
1 F,, .(the :of:
STANDARD FORM
PURCHASE AND SALE AGREEMENT
REAL I T O Re) Member Greater Boston Real Estate Board
This.. - --- _ day of-__ 92 _
t. PARTIES JEN-COIL CONSTRUCTION, INC. , a Massachusetts corporation with a usual
AND MAILING place o; Wsiness at 55 Linebrook Road, Ipswich, MA
ADDRESSES hereinafter called the SELLER, agrees to SELL and
JAMES GRIFONI, or Nominee
(fill in) 7 Comanche Circle, Billerica, MA 01821
hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the
following described premises: A certain parcel of Land situated on Bruin Hill
2. DESCRIPTION Roads North Andover, MA shown as Lot ,2A on a Plan recorded in Essex
(fill in and include North Deeds as Plan No. 11865.
title reference)
3. BUILDINGS, Included in the sale as a part of said premises are the buildings, structures, and improvements now
STRUCTURES, thereon, and the fixtures belonging to the SELLER and used in connection therewith inraladir -if- y-ail
IMPROVEMENTS, -wall-to-wall carpeting, drapery rods,-aetomatie garage-deet�openers venetiart-stirtd , es,
FIXTURES se(ee^G ^rQQA rinnts dorm ,wind ws and doors, awnings. shutters,_furnaces, heaters, heating
-equipment, stoves, ranges,-oil and-gas-burners--artd--hxtutesappurienant-thereto -het-wetef heaters,
(fill in or delete) pkttflbih( ne r4-e4f�eNi h iffg-44ter q,fna els,-Odtside
televisieR ntennas,-lenees.,at ester it
4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to
(fill in) the nominee designated by the BUYER by written notice to the SELLER at least seven days
Include here by specific before the deed is to be delivered as herein provided, and said deed shall convey a good and clear
reference any restric• record and marketable title thereto,free from encumbrances,except
Lions,easements, rights (a) Provisions of existing building and zoning laws;
and obligations in party (b) Existing rights and obligations in party walls which are not the subject of written agreement;
walls not included in(b), (c) Such taxes for the then current year as are not due and payable on the date of the delivery of
leases,municipal and such deed;"
other liens, other encum (d) Any liens for municipal betterments assessed after the date of this agreement;
brances, and make pro- (e( Easements, restrictions and reservations of record, if any, so long as the same do not prohibit
vision to protect or materially interfere with the current use of said premises;
SELLER against BUYER's 10
breach of SELLER's
covenants in leases,
where necessary.
5. PLANS 11 said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan
with the deed in form adequate for recording or registration.
6. REGISTERED In addition-to-the-4oregoing, if the title-te-said-pfeffl' 'd-feed-shall-be-irriOn sufficient
TITLE -to'-entitte-the-BbYE ttrra-eertificate Of-Title-o-said-P -shatl-defiaei wifh-aaid
-deed-alHnstruments if-any necessary-toTrrabfelht-fat+Y-Efl-to-ob in-such-eerhhcate-ofintte•
7. PURCHASE PRICE The agreed purchase price for said premises is One Hundred Sixty-One Thousand and
(till in);space is 00/100----------------------------------($161,000.00)--------------- dollars,of which
allowed to write
out the amounts $ 8,050.00 x have been paid as a deposit this day and
if desired $ 44% 8 8f3 to be financed pursuant to paragraph 31 (1)
24 1> n ()A are to be paid at the time of delivery of the deed in cash,or by certified,
�5 cashier's,treasurer's or bank check(s).
161,000.00 TOTAL
COPYRIGHT 0 1979. 1984, 1986, 1987, 1988 All rights reserved. This form may not be copied or reproduced in
GREATER BOSTON REAL_ESTATE BOARD ,.. whale or in part in any manner whatsoever without the prior express
written consent of the Greater Boston Real Estate Board.
I i
B. TIME FOR Such deed is to be delivered at 11:00 o'clock A. M.an the 10th day of
PERFORMANCE; Aril 19 92 atthe law office of hail, Quinn & Whee
DELIVERY OF P
DEED(fill in) Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this
agreement
g, POSSESSION AND Full possession of said premises free of all tenants and occupants, except as herein provided, Is to be
CONDITION OF delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as
PREMISE, they now are, reasonable use and wear thereof excepted, and (b( not in violation of said building and
(attach a list of zoning laws, and (c) in compliance with provisions of any instrument referred to in clause 4 hereof. The
exceptions,if any) BUYER shall be entitled personally to inspect said premises prior to the delivery of the deed in order to
determine whether the condition thereof complies with the terms of this clause.
10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the pre-
PERFECT TITLE mises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform
OR MAKE with the provisions hereof, then any payments made under this agreement shall be forthwith refunded and
PREMISES all other obligation%ft parties her XA 11 cease and this agreement shall be void without recourse to
CONFORM the parties hereto,ll�klt the SELLf=RR'' to use reasonable efforts to remove any defects in title, or to
(Change period of deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as
time if desired). the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before
the time for performance hereunder, and thereupon the time for performance hereof shall be extended for
a period of thirty days.
11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title,
PERFECT TITLE deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at any
OR MAKE time during the period of this agreement or any extension thereof, the holder of a mortgage on said pre-
PREMISES mises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then any pay-
CONFORM,etc. ments made under this agreement shall be forthwith refunded and all other obligations of the parties
hereto shall cease and this agreement shall be void without recourse to the parties hereto.
12. BUYER's The BUYER shall have the election, at either the original or any extended time for performance, to accept
ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the
ACCEPT TITLE purchase price without deduction, in which case the SELLER shall convey such title, except that in the
event of such conveyance in accord with the provisions of this clause, if the said premises shall have
been damaged by fire or casualty insurers against, then the SELLER shall, unless the SELLER has
previously restored the premises to their former condition,either
(a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable
on account of such insurance, less any amounts reasonably expended by the SELLER for any
partial restoration,or
(b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part
thereof to be used to restore the said premises to their former condition or to be so paid over or
assigned, give to the BUYER a credit against the purchase price, on delivery of the deed, equal to
said amounts so recovered or recoverable and retained by the holder of the said mortgage less
any amounts reasonably expended by the SELLER for any partial restoration.
13. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a
OF DEED full performance and discharge'of every agreement and obligation herein contained or expressed, except
such as are,by the terms hereof,to be performed after the delivery of said deed.
14. USE OF To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery
MONEY TO of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or
CLEAR TITLE interests, provided that all instruments so procured are recorded simultaneously with the delivery of said
deed.
15. INSURANCE Until the delivery of the deed,the SELLER shall maintain insurance on said premises as follows:
`Insert amount Type of Insurance Amount of Coverage
(list additional
types of insurance (a) Fire and Extended Coverage .� as presently insured
and amounts as (b)
agreed)
16. ADJUSTMENTS Collected rents, mortgage interest, water and sewer use charges, operating expenses (if any) according to
(list operating ex- the schedule attached hereto or set forth below, and taxes for the then current fiscal year, shall be ap-
penses,if any, o� portioned and fuel value shall be adjusted, as of the day of performance of this agreement and the net
attach schedule) amount Cher^of shall be added to or deducted from, as the case may be, the purchase price payable by
the BUYER at the time of delivery of the deed. Uncollected rents for the current rental period shall be
apportioned if and when Collected by either party.
o
t ADJ1 ; rM& it the ai•,uunt ut said taxe. 3s not known at the time of the deliver ..,d,It. nall be a,,pudioned
OF UNASSL,iSED on the basis of the taxes asses•+sd for the preceding fiscal year, rr-th appont..- rent as soon as the
AND new tax rate and valuation .,an be ascertained; xrid if the taxes which to be apportioned shall there-
ABATED TAXES alter be reduced by abater: m,nt. the amount of su: ° .abatement, less the : ..isonable cost of obtaining the
same, shall be apportioned •.een the parties, pi(- ,ded that neither party shall be obligated to institute or
prosecute proceedings for a:.abatement unless heir.:i otherwise agreed.
18, BROKER's FEE -A rake>�-(ee4ar efessianaFsefvieest
(fill in fee with is due tmrrr th•, `'-go-
dollar amount or
percentage;also
name of Brokerage
rE i ER .......ua f _1a 44e-4eFFn9 6-elausee��--Aei MaiRS 1146 d9Pe5ilc�
firm(s)) the _____.. ___.._ _ ..._
niade hereu y-the-BUYE,. y,.,,,ive iffi . ,. c '> nR armou
equaHe-eft-Half-t#ie afnabint .. :elaiRed"a� t-egael to F...:4afahef4 fee of tm fe
ae6efdl i. OF i6-th9 19666E
19. BROKER(S) The graker(sl nafned herein_
WARRANTY warrantWhat-they 3fekeq&Hs(are0if" ll to
(fill in name)
20. DEPOSIT All deposits made hereunder shall be held in escrow by Joseph L. McCarran for Somerset Savings
(fill in name) as escrow agent subject to the terms of this agreement and shall be duly accounted for at the time for Bank
performance of this agreement.
21. BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein, all deposits made hereunder by the
DEFAULT; BUYER shall be retained by the SELLER as liquidated damages unless within thirty days after the time for
DAMAGES performance of this agreement or any extension hereof, the SELLER otherwise notifies the BUYER in
writing.
22. RELEASE BY e+R ++lsaid--d
HUSBAND OR eN�Rt
WIFE
23. BROKER AS The Breke �ag aAy P
PARTY sions eHhis-agfeei enl-eaxpreesly-.appfy--telhe-Bfeker{s)-anEHe-aF>•y- mendfRente of riedifieatieRs _A" eh
pffwisi
24. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the
TRUSTEE, principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor
SHAREHOLDER, any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied,
BENEFICIARY, etc. hereunder.
25. WARRANTIES AND The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has
REPRESENTATIONS he relied upon any warranties or representations not set forth or incorporated in this agreement or pre-
(fill in);if none, viously made in writing, except for the following additional warranties and representations, if any, made by
state "none";if either the SELLER or the Broker(s):
any listed, indicate
by whom each war-
ranty or represen-
tation was made
26• MORTGAGE f p iiraasace tk�a-asqu {apJ�r#a�a seaveatieflaE�ari
CONTINGENCY ther Insviu4jacial mortgage loan of$ at prevailing rates,terms ition
CLAUSE I despite the B i ant efforts a commitment for such loan cannot fYtained on or befor
(omit if not the BUYER may ter 'rta is agreement by written notic
provided for to the SELLER and/or the Broker(s(, as ag r R, prior to the expiration of such lim ,
in Offer to whereupon any payments made under tee al be (forthwith refunded and all oche
Purchase) cbligations of the parties her_t _shat cease and this agreement s a d without recourse to th
arties hereto. In�event will the BUYER be deemed to have used dillgent�ffo q tain suc
ommenhmTe`ss the BUYER submits a complete mortgage loan application conforming to the
tstan&-on-or-before - 19
SEE PARAGRAPH 31(1) .
f
3
27. CONSTRUCT16K This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, Is to
OF AGREEMENT take effect as a sealed instrument, sets torch the entire contract between the parties, is binding upon and
enures-to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators,
successors and assigns, and may be cancelled, modified or amended only by a written Instrument
executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their
obligations hereunder shall be joint and several. The captions and marginal notes are used only as a
matter of convenience and are not to be considered a part of this agreement or to be used in determining
the intent of the parties to it.
28. LEAD PAINT The parties acknowledge that, under Massachusetts law, whenever a child or children under six years of
LAW age resides In any residential premises in which any paint, plaster or other accessible material contains
dangerous levels of lead, the owner of said premises must remove or cover said paint, plaster or other
material so as to make It inaccessible to children under six years of age.
29. SMOKE The SELLER shall, at the time of the delivery of the deed, deliver a certificate from the fire department of
DETECTORS the city or town in which said premises are located stating that said premises have been equipped with
approved smoke detectors in conformity with applicable law.
30. ADDITIONAL The initiated riders,if any,attached hereto,are incorporated herein by reference.
PROVISIONS SEE ATTACHED RIDER.
FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978,BUYER MUST ALSO HAVE SIGNED
LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION"
NOTICE:This Is a legal document that creates binding obligations.If not understood,consult an attorney.
JEN-COR CO^ UC ON,
SEL apousej n M. Cormier, President SELLER
BUYER Ja �.:.��_ BUYER
Broker(s)
EXTENSION OF TIME FOR PERFORMANCE
Date
The time for the performance of the foregoing agreement is extended until o'clock—M.on
the day of 19—___,time still being of the essence of this agreement as extended.
In all other respects,this agreement is hereby ratified and confirmed.
This extension,executed in multiple counterparts,is intended to take effect as a sealed instrument.
SELLER(or spouse) SELF
)YEA BUYER
Broker(s)
i r
RIDER TO PURCHASE AND SALE AGREEMENT DATED 7 3
BETWEEN JEN-=COR CONSTRUCTION, INC . , SELLER AND JA ES GRIFONI ,
BUYER COVERING LOT 2A, BRUIN HILL ROAD, NORTH ANDOVER, MA.
31 . This agreement is contingent upon the following financing
commitments being provided to the BUYER by the Somerset
Savings Bank :
( 1 ) A Land loan in the amount of $152 , 950 . 00 for a term, of
eighteen ( 18 ) months with interest only payable monthly
in arrears at the rate of seven and one-half (7 . 504)
percent per annum with a balloon payment of principal
at maturity . Said loan is to be secured by a mortgage
on the lot to abe conveyed to BUYER pursuant to this
agreement .
( 2 ) A construction loan in the amount of $45 , 000 . 00 for a
term of six ( 6 ) months with interest at the rate of
seven and one-half ( 7 . 50% ) percent per annum with one
payment of accrued principal and interest at maturity.
Said loan is to be secured by a mortgage on Lot 2A.
Funds are to be disbursed in accordance with the
Somerset Savings Bank customary disbursement schedule .
( 3 ) BUYER will have the opportunity to use Somerset Savings
Bank ' s OREO financing package to expedite the sale of
this house upon completion. The program offers an
owner occupant 5% down, 5% interest rate the first
year, 6% interest rate the second year. The third year
third party has the option to fix in at the then
current fixed rate of Somerset Savings Bank, or
continue with the adjustable program. Caps being 2 . 00%
per adjustment period and 4 . 95% over the life of the
loan. Mr . James Grifoni or nominee will buy-down
Somerset Saving' s note at the time of sale ,
( 4 ) It is understood by the parties the BUYER will purchase
the remaining lots in Bruin Hill subdivision from
SELLER when applicable local permits are in place .
Time being of the essence .
( 5 ) SELLER acknowledges and represents that it shall be
r responsible for completing Bruin Hill Road at its
(-.. expense .
( 6 ) SELLER agrees to fully cooperate with the BUYER in the
BUYERS efforts to develop the premises , which
cooperation will include but not be limited to
providing the BUYER with all plans , permits and
relevant documentation in its possession and if
necessary, appearing before governmental bodies for the
purpose of securing permits .
j
SUGGESTED LEGAL DESCRIPTION
A certain easement as shown on a plan entitled "Definitive
Plan of Bruin Hill Farm" by Dana F. Perkins & Associates , Inc .
dated September 1 , 1987 . Said easement located on Lot 1 being
bounded and described as follows:
Beginning at a point on the Southerly side of Bruin Hill
Road said point being S 72038130" E 291 . 00 feet from the point
of tangency of a curve with a radius of 255 . 57 feet on Bruin
Hill Road.
Thence S 72°38 ' 30" E 12 . 00 feet to a point of curvature
on Bruin Hill Road with a radius of 520 . 77 feet
Thence by said curve to the right a radius of 520 . 77 feet
a length of 8 . 00 feet to a point
Thence by Lot 7 S 17104122" W 19 . 14 feet to a point
Thence still by Lot 7 S 12"08154 " E 186 . 11 feet to a
point
Thence by Lot 7 and Lot 6 N 69°26 ' 24 " E 34 . 00 feet to
a point
Thence by Lot 6 S 19°17 ' 24" E 169 . 52 feet to a point
Thence by Lot 6 and Lot 7 S 70139142" W 149 . 95 feet to
a point at Lot 8
Thence by Lot 7 and Lot 8 N 08133 ' 00" W 170 . 00 feet to
a point
Thence by Lot 7 N 69126124" E 64 . 08 feet to a point
Thence still by Lot 7 N 12°08 ' 54" W 194 . 28 feet to a
point
Thence still by Lot 7 N 17°04 ' 22" E 24 . 51 feet to the
point of beginning
Said easement to be used for drainage and contains
4882 square feet on Lot 7 and 21 , 903 square feet on Lot 6 .
J f
SUGGESTED LEGAL DESCRIPTION
A certain easement as shown on a plan entitled "Definitive
Plan of Bruin Hill Farm" by Dana F. Perkins & Associates, Inc.
dated September 1 , 1987 . Said easement located on Lot 1 being
bounded and described as follows:
Beginning at a point on the Easterly sideline of Winter
Street at the Northwesterly corner of Lot 1 .
Thence along a Line by land now or formerly of Kelly
S 64025158" E 87 . 70 feet to a point
Thence still by land now or formerly of Kelly
N 36034145" E 342 . 46 feet to a point
Thence by land now or formerly of Lewis
S 16021140" E 25 . 06 feet to a point
Thence by Lot 1
S 36034145" W 335 . 96 feet to a point
Thence .by Bruin Hill Road
S 77025137" W 53 . 22 feet to a point
Thence still. by Bruin Hall Road by a curve to the right
with a radius of 20 . 00 feet and a length of 30 . 57 feet
to a point
Thence by Winter Street
N 15000 ' 00" W 55 . 81 feet to the point of beginning said
easement to be used as a drainage easement containing
9955 square feet more or less .