HomeMy WebLinkAbout1988-03-02 Legal Documents DEF SUB FORM I
COVENANT
24 , 19 PP '
North Axbver ► MA
KNOW ALL MEN by these presents that the undersigned has
submitted an application dated 9/7I/A7 ram, to the I\brth_6pdgyer
Planning Board for approval of a Definitive Plan, of a subdivision
of land entitled: Jef trey Place, NlodifPlm of Lxrd in N. Axlover h E bison Fxn.
plan by: W.-sonEmInnevir�, Inc.'
►
dated by: Apr,1 „13., ]2M owned by: Urdu Ferrante, Trustee of Ferrmte malty Trust
address : ,� rent, JA
,
land located: • ,
and showing A 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 Li. 6xby2r
in the county of FC$e„ approving said plan without
requiring a performance bond, the undersigned hereby covenants
and agrees with the .inhabitants of the town as follows :
1. That the undersigned is the *owner in fee simple
absolute of all the land included in the subdivision and
that there are no mortgages of record or otherwise on
any 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 more than one owner , all must sign .
"Applicant" may be an owner or his agent or
kepresentative, 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 permanent 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
Rules and Regulations governing this subdivision .
C . The Certificate of Approval and the conditions of
approval specified therein, issued by the Planning
Board, dated
i
Page 1 of 4
1
y
d-. The Definitive Plan as approved and as qualified by
Certificate of Approval .
e. Other document ( s ) specifying construction to be
completed, namely,
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 provides that no lot be sold or conveyed
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 ,
admistrators , devisees, heirs, successors and assigns of
the undersigned and shall constitute a covenant running
with - the land included in the subdivision and shall
operate as restrictions upon the land.
4. That particular lots within the subdivision shall be
released from the foregoing conditions upon the
recording of- a certificate of performance executed by a
majority of the Planning Board and enumerating the
specific lots to be released.
5. That nothing herein shall be deemed . to prohibit a
conveyance by a single deed subject to this covenant, of
either the entire parcel of land shown on the
subdivision' plan or of all lots not previously released
by the Planning Board . .�
6. That the undersigned agrees to record this covenant with
the County Registry of Deeds, forthwith,
or to pay the necessary recording fees to the said
Planning Board in the event the Planning Board shall
record this agreement forthwith. Reference to this
covenant shall be entered upon the Definitive
Subdivision Plan as approved .
7. A deed or any part of the subdivision in violation of
the covenant shall be voidable 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 .
Said covenant shall expire two years from the date of
endorsement of the definitive plan.
Page 2 of 4
r
+ 9. Upon final completion of the construction of ways and
installation of municipal services as specified herein,
on or. before 9rrmths herefrgn,. _.� ,_.. , the Planning Board '
shall release this covenant by an appropriate
instrument , duly acknowledged . ' Failure to complete
construction and installation within the time specified
herein or such later date as may be specified by vote of
the Planning Board with a written concurrence of the
applicant , shall result in automatic rescission of the
approval of the plan. Upon performance of this covenant
with respect to any lot , the Planning Board may release
such lot from this covenant by an appropriate instrument
duly recorded .
10. Nothing herein shall prohibit the applicant from varying
the method of securing the construction of ways and
installation of municipal services from time to time or
from securing by one, or in part by one and in part by
another of the methods described in M.G.L. , Chapter 41 ,
Section 81- U, as long as such security is sufficient in
the opinion of the Planning Board to secure performance
of the construction and installation.
For title to the property, see deed from lbaw-5 P. Ventura
dated ,' recorded in
Rsspx thrtb Registry of 'Deeds, Book _ 2205
Page 1144. &p cff< registered in _E�s�x Nb,tb Land
Registry as Document No. ��79 and noted on certificate
of title No. 9q�,q , in Registration Book 70 , Page
161
The present holder of a mortgage upon the property is
Bml<_nf_hvjn I s-�( of
The mortgage is dated bAW 12M and recorded
Registry
in of Deeds,F , Book 22€?5 ,
Page registered in F55ex.hrth Land
Registry as Document No. M?h9 and noted on certificate
of title No. 99[19 in Registration Book 7Q 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 Anterest as I ,
we may have in the premi,ses,..shall- " be subject to the
provisions of this____covenariE and insofar' as is necessary
releases all---rights of tenancy by the dower or homestead and
_other -rater-es-ts—therein.
Page 3 of 4
1 I
5
IN -WITNESS WHEREORF we have hereunto set our hands and seals
this C� of ?1�1 19
Acceptance by a Majority
of the Planning Board of
Q + r
� I
I
COMMONWEALTH OF MASSACHUSETTS
Essex ,ss 1988
Then personally appeared the above named John L. Simons
and acknowledged the foregoing to be his free act and deed,,
of the North Andover Planning Board, before me.
Notary Public
M Commissions Expires
Wage 4 of 4
FORM J
w�r,lwMM....TY'
RELEASE FORM
The undersigned , being a majority of the Play;ning Board of the Town
of North Andover , Massachusetts , Wreby c.erWy that :
a . the requirements for the constrontQn of Ways and rnunicip41 services
called for the tie Performance Bond or Surety and dated
��. Junes 115 , 1969 and/ or Ly the Covenant dated
19 88 and recorded in 01 strict
Deeds , Book 2151 . Page 303 �--- or registered in
Lane Registry Gi s tri t;t a$ Dc7cMn t do .
Y. NJA, and noted oo COW 'ficate of 7itie No - in Regis -
tration Book � ' .,,y Page ,I,cA.,....�. has been completed/partially
.00mple Wed , to—HF-Sati s fac: tlon cif the Planning Board to adequately
serve the enurerated lags shown on Plan entitled " iio� ifir�d
Definitive plan of Section ( s )_t3/A _��, Sheets _ " }
Plan dated Apri 1 13 19 88 recorded by the
Essex artk� Regi � try of Deeds , Plan Doak JI1 , Pago &A ,
or registered in sai d Land Registry Di sari ct , P1 arr acoi<
Plan and said lots are hereby released from the re -
and b�ti 'iai ��7�;� specified
Lots designated on said Plan as fallOws ; ( Dot number( s ) rind streeth ) )
Lot 03 1 Lot #4 . ._�......
Tiffany Larre�
b . ( To be attested to by a Registered Land Surveyor)
I hereby certify that lot numb lot. #3 Lot 04
..._.._,..y. _ .�...._.�._. .
••K.•+w.�rm.W.••. i.—a2Y... u.n.Y oa
do conform to layout as shown on De 'fi n9 ti ve Plan ent i tl NdOF 4
Modified gefi°tatM Plan of Land ,_. ortioQ,JA„T_.
L.• ? f 3�
!Regi Ste
Art
I
•` c. The Town of North, .i'ndover, a municipal corpora`ti'on situated in the
County of Essex , Commonwealth of Mas sachusetts , acting by its duly
organized Planning Board , holder of a Performance Bond y
dated
' 19 or Surety
and/or
.0 Covenalnt' dated
Fe
Mt e 4 �Andove�r"" rom rrante rust
esex cffi Nun ,y , as5aC h use tS reCor INbistrict Deeds , Book 2
Page JQ,,,�,,,,�, , or reg s ere n an R�agistry pistriGt as oc�`-'ument
No a►�d noted can Certi fi cite or Tit' a No . N�A
aegis ra on Book N'.A , A� g�� N/A , f�rKn ) ( n
the terms thereo an lereby rl� Basis its right , tit andciIt nan
terest in the lots designated on su d plan as follows :
Lot# 3 Lot# 4
EXECUTED as a sealed instrument this
.. day. of 7-G 19
f
Majority of the
Planning Board
Of the Town off`
I.
North Andover ,,.
1'.
1,
.COMMONWEALTH OF MASSACHUSETTS
N
Sv a + 19 ?
Then personally appeared `�"
above named members of the anr� na c arm e wr� o o 'Dane of the
� 4ssachusetts and acknowledged the f �regoinr' •instrument to beht�edfree ,
act and deed of said Planning Board , before me ,. k '
9
notary Pub, is
M Commission Expires :
( Page 2 of 2 ) '` ''
MCGARRY, BODNAR & KLIPFEL 4ll .
f p l� ,
ATTORNEYS AT LAW MAY
1 4 ;799 1
401 ANDOVER STREET
NORTH ANDOVER,MASSACHUSETTS 01845
JOHN F.McGARRY TELEPHONE(508)686-1111
RUSSELL A.BODNAR FAX(508)682-4046
JOHN F.KLIPFEL(MASS&NH)
KEITH E.KIPER may 23 , 1990
Mr . James Gordon
Town Manager
Town of North Andover
Town Hall
North Andover , MA 01845
Re : Lot 4 Tiffany Lane - Robert Messina
Bear Jim:
I am prevailing upon you as Town Manager to help one of our local
residents out of a potential problem regarding a title issue to
Tiffany Lane. Normally I would take this to town counsel. , Kopelman &
Paige; but my experience with them in the past has been that they do
not respond without many many months having elapsed from the date of
the request . This is an urgent problem, in that a closing has been
delayed already and I need an answer within forty-eight hours .
Specifically, I represent Robert and Marylee Messina of 805
Winter Street, North Andover , Massachusetts . They are engaged in the
business of building homes, and purchased Lot 4 Tiffany Lane from Paul
Allen in order to build a house for resale. One of the items that we
found in the title when we certified to Mr . and Mrs . Messina is the
enclosed Form M Conveyance of Easements and Utilities. As I am sure
Chris Huntress at the Planning Board will be happy to confirm for you,
this is a standardized town form and must be submitted by the
developer in order to obtain subdivision approval . Well , to make a
very long story short, Paul Allen ( through the record owner, his wife,
Linda G . Ferrante) properly executed Form M and submitted it to the
Planning Board . The subdivision was approved, and Form M was recorded
at the Registry of Deeds. In a nutshell, Form M conveys easements and
utilities as well as use of the roadway to the Town of North Andover .
Again, this was a prerequisite to approval of the subdivision, and the
Planning Board acted accordingly.
The pre-printed language on the form indicates that the entire
subdivision is subject to the easements, utilities and roadways .
Unfortunately, the Town supplies Form M and the pre-printed language
is not negotiable. I now have a Boston attorney at the firm of
Adelson, Golden and Loria, who is telling me that he cannot close a
loan for the buyers of Lot 4 because there may in fact be utility use
underneath the homes that have been constructed there due to the broad
langugage on Form M. This is clearly absurd, and is not the intent of
Mr . names Gordon
May 23 , 1990
Page Two
the form. Besides, subdivision approval would not have been granted
without executing the form. So as you can see, the Messinas are
caught between a rock and a hard place.
I have been able to prevail upon the Boston firm to accept a
statement which I enclose and hopefully you will see it within your
power to execute same. The statement simply states that because the
town now has all rights to easements, utilities and roadways that the
town will do nothing to interfere with the single family structure on
Lot 4 .
I hope I am not placing you in an awkward position by asking you
to execute this form. No other lawfirm would require it, but with my
luck I ran up against this one particular firm. I am told by another
attorney that they demanded the exact same form be executed by the
Town of Watertown fairly recently, and would not close the loan until
the Town Manager executed same.
If you could take a moment to confer with Chris Huntress
regarding the requirements of Form M as submitted by the developer ,
and that the house on Lot 4 will not be prejudiced by the conveyance
of easements and utilities , I hope that you will then be able to sign
the form. I will be happy to retrieve it from your office, as time is
of the absolute essence in this matter .
Please call me should you have any questions regarding the above.
ve y truly yours,
Russell A. Bodnar
RAB:na
enclosure
RELEASE
The Town of North Andover. , Massachusetts, a Municipal Corporation
located in Essex County duly organized under the laws of the
Commonwealth of Massachusetts, for consideration paid, grants to the
owners of the real estate known as Lot 4 Tiffiny Lane, North Andover ,
Massachusetts, and their successors and assigns, that in the exercise
of the Town ' s rights under the Conveyance of Easements and Utilities
as set forth on Form M as recorded at North Essex Registry of Deeds in
Book 2751 , Page 294, the Town hereby agrees as follows :
1 . The Town of North Andover will not interfere with the use as
a single family structure or occupation of the dwelling
situated on Lot 4 as set forth on a plan of land entitled
"Modified Definitive Plan of Land in North Andover , Mass . , "
Owner : Ferrante Trust, 224 Poster Street, North Andover ,
Mass . , Nelson Engineering-Civil Engineers, 144 Sudbury Road,
Concord, MA, Scale : 1"=401 , Dated: April 13 , 1988 , as
recorded at North Essex Registry of Deeds as Plan No. 11162 ,
as well as Registered Land Plan No. 36903T, and that
easements and/or utilities are not located beneath the
dwelling structure .
2 . In the event that the dwelling known as Lot 4 Tiffiny Lane,
North Andover is destroyed by fire or other casualty, it may.
be rebuilt over the easement area as set forth on Form M
Conveyance of Easements and Utilities as described above,
but shall not encroach to any greater extent than it
presently encroaches, subject to the zoning ordinance of the
Town of North Andover .
The Town of North Andover
By:
James P. Gordon, Town Manager
COMMONWEALTH OF MASSACHUSETT,S
Essex,ss . May , 1990
Then personally appeared the above-named James P. Gordon and
acknowledged the foregoing instrument to be the free act and deed of
the Town of North Andover, before me.
Notary Public
My commission expires :
'i!:'.'.•V.Fi•.r' f Y?
294 FAN
CONVEYANCE RF EASIHCRTS AR9 UTILITIES i
Wnb Fgrt onUp,Irsusroa of Fknvnte F'W ty Tnra t L07&W A/iN tnd raardod wt th M es+e+c ddi
& MWh,N3 d+,Ath 50-K FM.of dytry, Ek 2",N.1 o f
eons ere pn of + COun Yr assac uset s& or t e
1 •-�� ,..",,,► hereby t1rAtlti+ transfers end ; w
delivdo unto the Own o
municipal corporation in + a
following: own y►
A. The perpetual rights end a#Sements to construct, 'inspect. repair.
remove, replace, operate and forever maintain (1) sanitary sewer
y )( Or sewers with any manholes,-pipes conduits and Other Appurtenan-
pipes conduits and their
+ ces, (2) �
� appurtenances for the conveyance !
�t wiataro and 3) a covered surface and ground water drain or
With
t; \Fr • Y f►nhales. Pipes, conduits ►nd their appurtenences, and to
{� 00 all other acts incidental to the faregOind, includlny the right
` tO pass along and over the land t
'} through, and under the whole of } tiid ur %sesrt
C�.t41 j, dated A0eJI 11, 198a s(ItmadeG f
p do is and sa
.�� inc0 0Ora a er•e n or a tamp ete and detailed destription of ,�u<$ rv°�
0. the follawina rights and easement to uEc '$r!0°`i`0amdq;x,rreYmrp„
: r parcel of land sttuat6d'>W nffrk SUA
� -in said town of t,b0hAxb r
�»d h�unded nod descrihr as o ows' .�
Et'4 l,,f L R�res�Q�c irq"mn as LoLg an Min of tndi enrltEed 1'A Mj,,)jIm pia,of Emd In Mrth Air,�•� �ssod�satts"d�cd,�y 6, 1", PloistwCvuulitnts,%I stated t.mdSur,•eyvrs fllrvirh �;41,1rarinnwjot,of P10%►�b. 36Fo3T and ed Eo�i
flircej Tool an4istirV of n rcras, in cus,-ffMM(paroel C, shct3), Usr lam.
I ly "t d%tr'feh iF04 pnrtlon nC ,51, sold rod to y
ta�A(t�w i ht�s�C�j.of Rotb. f�179�, !�,Sl. Saki
#' belnp parr of*c*1 t� 10Qmd frant�l,ry us ,lp45,�'
raon*d wl th R F„►sex k7'to E wad]sci it tEtx1 cfffi�'Sipfvrixr 27,1945, I..rsC.�r
�j.of Reds, &676, fir,:Dd, � •'
} � oe The grantor warrants that the Aforesaid wasemunt•s are free and Clear "*
k �P of oil liens Or eor.u,nhrences, that he (tt) has good title to trans••
w' ter the sage,' and th?t he will defeWd the same ms of a
4gainst claill f
per&O AS, nartg�r In oeratkn Wtw, '
i For grantor's title see deed from 1h7mP-Mntury
[ dated _ lt,, - g��. An recur e s
itI' �l�•.L�a,� .` Aist"riot Registry 0f Oeeds."8 ock
y s 4 ► regi6tere in , S&wunder Certificate of Tittle no.District
f
of- the an GOurt, (look , a
To be completed if, p mortirage exists:
F # And — of NW6Ylmdr Ecr+ssr . Of 1,2!MYr
the presen -holder o a
'. mortgage on tnq above d6stMaa 14nd, which mortnage is dated
19 - 86 + and recorded in said Deeds, liOa`IT
22t , agC __4,'f�- ,,,�, or considoration'peid, hereby releases
unt`a i;hco town fornVarr ro; tha operation of said moetflage, the rights
and easements hereinahove granted and 4kssent3 thereto,
77 7
K 27Aut
fxGd signature pt Mortgagee
Owrtbr :L.Iett��hntar 7rntae of �r '
IN I"arrrnto Fbnlly 7rwr
I NE55 itHfAEOf ow �lave h�rreunta xet 011r handy end seals ;
this
t,
COMMONWEALTH OF HAS5ACH(fSMS J
,sa
f
I Then AertoneflY eDpeared the above nt�aed' �w—�—• I9�&I
Ad esknowladQed thr fpregafng tb ba
act end deed b
efare me
ree
Hotar Pub11c
Y mini $fR� pf ,
NOYE: 7hfx conveyance Is riot effective until !r I i
or the Dnard Of Selectoen. accepted b Y Town Meeting
" '�► •Y11 OF MUMCHISMS tl
I pea
on oaknowladoedersonallC a fosAfhe 4bov ~691"v to be
oct and deed, of Bank of fbw Lsslond,�r q*� — �'�t�'a I.✓
free
i
to ULTIC '
Mal It ekPj 41
Jtenntded '
June 2�,�1c�g a<ti �s3 �+
i
o>'
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
Linda Ferrante, Trustee of Ferrante Fbalty Trust U/b/T dated 5/1/84 and recorded with Middlesex Fbg. of Fleds
H< 15559,Pg.073 &with Essex N. Fig. of deeds, B< 2205,r j.134
of
Esse , County , Massaciusetts ; for the
consideration of / DDroyaIs , hereby grants , transfers and
delivers unto the town of a
municipal corporation in Essex County , t e
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 -
cos , ( 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 foregoinrd , including the right
to pass along and over the land f ec vemidafplQnNS,dncv r'
through , and under the whole of ekison ineer: aInc. ,
dated April 13, 1988 , said plan is made and said plan is
incorpoFated herein for a complete and detailed description of said
roads .
B . The perpetual rights and easement t o u s ei c R r roadnays cr3cl s pur tencxnt purposes
the following parcel of land situated >0 off l3ri s C7m-
X0040NOM in said town of %r th Andover
nd bounded and describe as follows :
Paroe Q-e: being shorn as Lot 45 on Plan of Land entitled "A subdivision plan of land in Narth A-rbver,
Nbssachusetts"dated .Jmwry 6, 1?84, PlaistoN Consultants, %istered Land Surveyors filed with sand
F4--gistration Office as Plan I b. 369031 and
Parcel Tv o: consisting of 8 acres, in case #36893(parcel C, sheet3). Less portion of land conveyer! to ET,-
Malty Trust dated February 9, 1984 recorded with N. Essex Fig. of Obeds, EY 1794, Fl�.51. Said property
being part of parcel three in C)eed fran Nbry Lissey to Owni & lsobell Vogel dated SepteTber 27,1945,
recorded with N. Essex Fig. of Feeds, El< 676, Pt. 586.
The grantor warrants that the aforesaid easements are free and clear
of all liens or enrumhrances , that he ( it ) has good title to trans -
fer the saLge , and that he will defend the same against claims of all
persons . ,,ee rrortqcge infomrotion beloN.
For grantor ' s title see deed from ThamsP. Ventura
dated 19 sA and recor ed in
Essex N. ft, ofFkeds District Registry of Deeds , Book
22.05 , Page , maunder Certificate of Title No .
9989 , regislered in aye Lbrth District
of the Land Court , Rook 70 Page 361
To be completed if a mortgage exists :
And Rd< of N w 5gland, Essex of Lamence
the present holder of a
mortgage on the above dOscribed land , which mortgage is dated
tom, 13 19 s6 , and recorded in said Deeds , Bo3k
2205 Page , for consideration paid , hereby releases
u` to tFe town forever from the operation of said mortgage , the rights
and easements hereinabove granted and assents thereto .
( Page 1 of 2 )
Auth i zed signature of Mortgagee Owner Linda Ferrante,'Trustee of
Ferrante Nulty Trust
IN �ITNESS WHEREOF we have hereunto set our hands and seals this
day of �3—rl 19
COMMONWEALTH OF MASSACHUSET`f'S
F s s.p,X s s G _ Ma v 19
Then personally appeared the above named Linda Ferrante
and acknowledged the foregoing to beHor- free
act and deed , before me ,
Notar Public
y nmmi �s i on xpie
NOTE ; This conveyance is not effective until accepted by Mown Meeting
or the Board of Selectmen .
COMMONWEALTH OF MASSACHUSETTS
s , SS , 1988
Then personally appeared the above named 62ic_ h.(1. ;2a- � f� / 4 .\:�c'� S V'� b/
and acknowledged the foregoing to be -�J-1 ;.S free
act and deed, of Bank of New England, before me
` Notar.y ublic
M�vL`4 $ s i' n F x p i r s �,,ie �- 11
r
ASSIGNMENT
Aug 2 I $ ' '9D
For value received, Linda A. Ferrante, Trustee of Ferrante
Trust hereby assigns, transfers and sets over unto Hampstead
outlook, Inc. of Hampstead, N.H. all monies now due or to become
due to Ferrante Trust from the Town of North Andover, MA under a
performance bond posted with the Planning Board of said Town in
the amount of $71, 000 . 00 together with any and all interest
earned thereon.
If any amounts are paid to me directly I shall hold the same
in trust for said Hampstead outlook, Inc, and turn it over
promptly.
Signed and sealed this 0s'�day of July, 1990 .
C:
in a A. Ferrante, rustee
\assignment44
y --t
5
ASSIGNMENT
I, THOMAS P. VENTURA of North Andover, Massachusetts,
present owner of property located off of Bridges Lane, in
said North Andover, consisting of approximately twelve ( 12)
acres of vacant land, being the same premises conveyed to
me by deed of Robert McElhiney, et al, dated February 4,
1986 and recorded in the North Essex Registry of Deeds at
Book 2132, Page 103 and also said Registry as Certificate
Number 9929, Book 70, Page 121 (Registered Land Department)
hereby assign all my right, title and interest to the
"F(-rr,.ante Trust" of 221 Faster Street, North Andover,
Massachusetts, in two (2 ) escrow quitclaim deeds from
Cahill and D'Agata to the Town of North Andover, Massa-
chusetts dated July 11, 1985 and August 30, 1985 respec-
tively and being held by Pttorney Gary S. Sackrider of
19 North Street Salem, Massachusetts as escrow agent.
These two (2) deeds are to be delivered to the 'Down of
North Andover for recording in the North Essex Registry
of Deeds upon the approval of a subdivision plan by the
Town of North Andover Planning Board and the completion
of street paving and release of any road bond.
Dated this 23rd day of May 1986.
THOMAS P. VENTURA
"Ferrante Trust"
By:
GARY S. SACKRIDER,
Escrow Agent
QUITCLAIM DEED
John P. Cahill Jr. and Pamela A. Cahill of 37
Stonington Street, North Andover, Massachusetts, for
consideration paid , and in full consideration of one dollar
grants to The Town of North Andover , Essex County,
Massachusetts
with QUITCLAIM COVENANTS, the below described land ,
with the intention that such land shall be used for all
purposes for which streets are used in, the Town of North
Andover:
EASTERLY by Bridges Lane, twenty--five feet;
SOUTHERLY by Lot 17 and 41 on a plan of
land hereinafter mentioned , 290.55 feet;
SOUTHWESTERLY by land of McElhiney, shown on the same
plan as land of Vogel , 31 .70 feet; and
NORTHERLY by Lots 42 and 18, as shown .on said plan
309.51 feet.
The above described land is shown a.j the northerly
one half of an easement area depicted on a plan of land
entitled "Plan of land in North Andover, Mass.' Plaistow
Consultants, Reg. Land Surveyors dated January 5, 1984 and
recorded with Essex North District Registry of Deeds as Plan
No. 9385.
The above described land includes both registered and
nonregistered land , the registered land being Lots 41 and 42
as Plan No. 3690311 filed with the Land Registration office.
For grantors' title see deed from James J. Philbin
and Ralph P. Ciardiello, trustees of the ET AL Realty Trust,
of Lot 18 dated ,
198_-, recorded with the Essex Northern Registry of Deeds at
Book , Page
WITNESS our _ -
hands and seals this -day of ,
1985 '
c - ---
COMMONWEALTH OF MASSACHUSETTS
Essex, as.
1985
Then 'personally appeared
Cahill , Jr , and Pamela A. Cahill:
foregoing instrument to be their' Cahill and D'Agata deeds
me.
are to be held in escrow
huntil street paving is i
completed and� town has
i
released the road bond.
/f QUITCLAIM DEER
Sam D'Agata of 550 Johnson Street, North Andover,
Massachusetts, for Consideration paid , and in full
consideration of one dollar grant to The Town of North -
Andover, Essex County, Massachusetts
with QUITCLAIM COVENANTS, the below described land ,
with the intention that such land shall be used for all
Purposes for which streets are used ih the Town of North ,
Andover :
EASTERLY by Bridges Lane, twenty--five feet ;
SOUTHERLY by Lot 17 and 41 on a plan of
land hereinafter mentioned , 269.19 feet;
SOUTHWESTERLY by land of McElhiney, shown on the some
plan as land of Vogel , 34.38.. feet; and
NORTHERLY by i.ots 42 and 18, as ahown on said plan
290.55 feet.
The above described land is shown as the southerly
one half of an easement area depicted on a plan of land
entitled "Plan of land in North Andover, Mass, " Plaistow
Consultants, Reg. Land Surveyors dated January 5, 1984 and
recorded with Essex North District Registry of Deeds as Plan
No. 9385.
The above described land includes both registered and 7
nonregistered land, the registered land being Lots 41 and 42
as Plan No. 3690311 filed with the Land Registration office.
For grantors ' title see deed from James J. Philbin
and Ralph P. Ciardiello, trustees of the ET AL Realty Trqst,
of Lot 17 dated 0
198_, recorded with the Essex Northern Registry of Deeds at /
Book , Page
WITNESS our hands and seals this J U day of
1985
v �
r
'COMMONWEALTH' O1: MAS5ACNO'SETTS
Essex, sa. , 1985
Then personally appearee
and acknowledged the foregoing
and deed , before me.
Cahill and D'Agata deeds
are to be held. in escrow ~
j until streat {saving is
completed and town has
released the road bond.,
C�_k
1 .
North Andover Associates, a limited partnership duly formed }
and existing under Chapter 109, Massachusetts General Laws, of f .
Boston, Suffolk County, .Massachusetts ,
for consideration paid, and in full consideration of $1.00
grants to Robert McElhiney of Miami , Dade County, Florida and
John A. McElhiney of North Andover, Essex County, Massachusetts
as tenants in common
WITH QUXTCLAIM COVENANTS
A certain parcel of land situated in North Andover, Essex
County, Massachusetts, being shown as Lote¢/ , area 3.1564 acres
more or less on a plan of land entitled "A subdivision plan of
land in North Andover, Massachusetts" dated January 6 , 1904 ,
Plaistow Consultants , Registered land surveyors filed with the
Land Registration Office as Plan No. 369031 , bounded and
described as follows
EASTERLY by land now or formerly of Vogel, now being
land of the grantees in five courses, 126.91
feet, 109.64 feet, 184.47 feet, 181.85 feet,
and 170.72 feet]
SOUTHERLY in two courses by land now or formerly of
Herbert Farnsworth, now Essex County Greenbelt
WESTERLY
Association, 54.18 feet and 150. 49 feet;
& i
NORTHERLY by other land of the grantors 795.76 feet and
174.34 feet respectively.
Witness its hand and seal this 31st day of January, 1984.
North Andover Associates hk
Land/Vest Properti7er
, I C.
Sole e a1 r
by Cz
R dhard F. Perkins J
President
THE COMMONWEALTH OF MASSACHUSETTS
e
Essex as. January .31, 1904
Then personally appeared the above named Richard F. Perkins,
President and acknowledged the fo V oing instrument to a the
free act and deed of Land/Vest er es, . , before m
o ub i
My Commission Expi
5 �O I
fJ
Ji
EASEMENT
James J. Philbin and Ralph P. Ciardiello, Trustees of ET AL
Realty Trust under a declaration of Trust dated June 4 , 1981
recorded with Essex North District Registry of needs, Book 1508,
Page 284 of 754 Forest Street, North Andover, Massachusetts
for consideration paid, and in full consideration of
grants to Robert MCElhiney of Miami , Dade County, Florida and
Jahn A. McElhiney of North Andover, Essex County, Massachusetts
as tenants in common
WITH QUITCLAIM COVENANTS
An easement for all purposes for which streets are used in
the Town of North Andover in , upon and under the following
described land:
EAS'1.L:RLY by Bridges Lane, Fifty �eetj
SOUTHERLY by a portion of Lot 17 and 41 on a plan of
land hereinafter mentioned, 269.19 feet;
SOUTHWESTERLY by land of the grantees, shown as same plan
as land of Vogel, 66.08 feet, and
NORTHERLY by Lots 42 and 18, as shown on said plan
309.51. feet,
The above described land is shown as a plan of land entitled
`Plan of land in North Andover, Mass. " Plaistow Consultants, Reg.
I•and Surveyors dated. January 5, '1984 and recorded with Essex North ,
District Registry of Deeds as Plan No.g3 y,�
The above described easement covers both registered and non-
registered land, the registered land being hots 41 and 42 as Plan
No. 36903H filed with the Land Registration office.
Witness our hands and seals this 31st d wxetry, 1984 E
J es J. Philbin, rustee
i< - +
Ralph . Ciardiello, Trustee
TiiE i:Q' Fs Y W ls�ti 'Liy MAISACktU580TTS
Essex ss. January 31, 1984
Then personally appeared tihe above named James . Philbin, ,
Trustee and Ralph P. Ciardiello, rustee and ackn led'ged the
foregoing instrument to be the r act d deed, b fore me,
arold• Morley, Je.lN tary Public
My Commission E res: 10/8/87
Ly
j V;�
SEP 21 187 11, 13 N. ANDOV-P 1-688-0554 P.2
FORM D
�r
DESIGNER ' S CERTIFICATE -
September 21, 1987•k 19
TO THE PLANNING . BOARD• OF THE 'GOWN OF NORTH ANDOVER;.
In preparing the plan entitled ''JEFFREY PLACE"
I hereby certify that the above named plan and accompanying data isM true
and correct to the accuracy required by the current Rules and Regulations ;
Governing the Subdivision of Land in North Andover , Massachusetts , an'd
my source , of information about the location of boundaries shown on said
plan were on.e or- more of the following :
1 . Deed from Thomas Ventura to Ferrante Trust '
dated May 23 , 1986 and r6corded in the
Essex North Registry 1n Boost 2205 , - Page 134
2 . Other plans , as follows Plans and deeds of record and
land court plans
3.' Oral .information furnished by None
4 . Actual measurement on the ground from' a starting point established s
by. Fi.e.ld survey and plans and, deeds of record
5 . Other Source's = Sam D'A ata to Town of North
Andover, North Andover Associates to Robert. & Jo cElhiney, and
Et Al Real Trust to Robert : & John Mc h ne homaS Ventura to
Ferrante Trust, J. Cahill Jr. to North er Town f
Signed
�,Sl%OF+�
(Seal f .Engi or ( Re -st ed Professional Engineer or
Surve or } � , Register d sand Surveyor}
01
Ralph D. Nelson, RLS 14837
AddrM
144 Sudbury Road, Concord, Mass.
�I