HomeMy WebLinkAbout1995-08-15 Legal Documents DEF SUB i ? I
i 1
FORM x BK 4355 PG 51 {
COVENANT r 13 1g 2s_ t
• Np�} ,Mae#aChUeellB � y
i
i;
KNOW ALL MEN by these presents that the undersigned has submitted an appilcation dated {'
1 to the , " ' Planning Board lot approval of a )
ehnttiv�plan of a wbdlvialon of land en4itfed:
Everaxeen Estate ,plan by:
and ! i
is n & dated:D=-2aJ RL— and Owned by: r3ri e
e �ydyQdress: QQ
.�A,land
locatad: '
,eOrg _ ,and showing ��o —proposed lots.The undersign 1 hats iaquoste the
such tan without requiring a performance bond, 1�•
Planning hoard to approve P in the county of !
IN CONSIDERATION o1 Bald Planning Board of
Essex approving said plan without requiring a ormanee bond,the undereignes i,}
hereby covenanta and agrees with the Inhabitants of the
follows. CA }
t. That the undersigned Is the owner'in lee simple absolute of all the land Included in the subdivi•
slon and that theta are no mortgages of record or otherwise on any of the land,except for those
prese
nt hold ers 01 said mortgages have assented to this contract
Wow,o , the p j
4 and that
prior to Ill execution by the undersigned.
'If titer n,"Appllcanl"may be an owner or his agent or
th
en one ow
ner,all must sign.a Is Hare th
representative,or his assigns,but the owner of record must sign the covenant. l
2. That the undersigned will not sell or convey anylot In the subdivision 0r erect or place any perms l`
rcnl building On any lot until the construction of ways and in#taliation of municipal services i
necessary tO adequately serve such lot has been Completed In accordance with the Sovenanl5. I i
conditions,agreements,terms and provisions as specified In the following:
r.
C.
ve Plan(Form )
a. The Application for Approval of 1]elinlll {
b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this
subdivision. s
c. The carllficate Of approval nd the conditions of approval specified therein,Issued by the W
4 '
Planning Board,dated P
d, The definitive plan as approved and as qu.Aliod by the certificate Of approval.
e. Other documents)specifying construction r0 be completed,namely: } >
! i
However,a mortgagee who acquires lice to the mortgaged premises by foreclosure Or otherwise
and any succeeding owner of the mortgaged premises or part thereof may sell Or convey any tot, �.
subject only to that portion o1 this covenant which pro,,fen that no lot be sold or conveyed at shall ,r
be built upon until ways and sarvlces have been provided to serve such tot.
9, That this covenant shall be binding upon the executors, administrators,tretor#,
devisees, heirs,
successors and assigns of the undersigned and shall Constitute a covenant running with tits land
Included In thesubdfiriefon and shall Operate as restrictions upon the land. a
4. That particular lets within the subdivision shall be released from the toregoing conditions upon .i
the racordtng of A 01111Mcale of pstlormana executed by a majority of the Planning Board and
enumerating the specific lots to be released,and r 'r,
5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this
covenant,of either She entire parcel of land shown on the subdivision plan or of all tole not f
psevlOualy released by the Planning Board, k
'./111//chu11111 F16/1it-01%i pg,0V Intl Ai'f 66116/'On
O d 1900.,063 1#ee, 20.17
$a ox �
:i
r
� r
i�.
Ji
BK 4355 PG
B. That the undersigned agrees to record this covenant wfth the WE Essex County
Ileglitry of Deeds,forthwith,or to pay The necessary recording doe to the said Planning Board
In the event the Planning Board shall record this agreement forlftwith.Reference to this covenant
shall be entHed upon the de(inllfve subdivision ptart Is approved.
7. A deed of any part of the eubdlvisiorcln violation of the covenant shall be voidablo by the grantee
prior to the release of the covensnl;but not later then threw(9)years from the data of such deed,
as provided-in Section 61•U,Chapter 41.M.O.L.
8, That this covenant shalt be executed before ewmament of approval of the definitive plan by the
Planning Board and than take effect upon the endorsement of approval.
9. Upon gnat compiatim of the construction of ways and Installation of municipal servlcsi as
specified herein,on or before u u
the PlarWng Board shall release this covenant by an appropriate
Instrument,duty acknowledged.Faliure to complete constnctln and Installation within the time
specified heraln or such Iater dale to may be specified by vote of the Planning Board with a
i 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 relaaso
such tot from this covenant sty en appropriate Instrument duly recorded.
f' I 10. Nothing herein shall prohibit the applicant from varying the method of securing the construction fin'
[' of ways and Installation of munleipal services from time to time or from securing by one,or in psq
by one and In part by another of the methods described In M.G.L.,Chapter 41,Section 81•U.
p' as long as such security Is itlfflclent in the opinion of the Planning Board to secure performance
of the constructln and installation;and
h' S
I�
�I
� l
I.
I
I1 ,
I�
l.f!
li
I
I
rr r Akif4�[IIY3�11S FMIr�I,P9 of Yon Q r CW
I
Iflirq�9 19e4.19E7.5908i .
j
20.18
�,�
� II
llV I
ll�,
I�
�s x'
1 ,
1
Ili
�G
Y
a ;
I'I
�r
f .
4355 Pq 53
VFor title to the property see deed from Elsie M. tteinxe, et al B�� ti•
a+ ,°,-corded In� g ex ii�rt f glslry of Deeds, dafad Al�gus� t 1,1 7 I
In Land R Book 087 pew 31q or registered !
• title no, in Regislrallon Book u Oocttm$nt Na, and noted on certificate of
2B 1484 tt 13oaft 2501`Gp andl fran Rot�art A. 9nith,
�fTre prea�$nl7lolOrtg6ge upan�tte property rsagee
of
fecorded In The mortgage Is Oiled ^. and
--------�� Registry of Deeds,Book�� ,Pepe ar registered {{
land Registry-as DOCUMant No. and noted on certlUcate r °
of title no, fn Registration Book _�_ page
the mOrIgsga subject to rt»povsnanis am forth a The mortgagee agrees to hold 4
same status,force and effect as though executed and rscaabove and rded e$t that the covenants$hall have the r
before the taking of the mortgage and 1
further agrees that the mortgage$hall be subordinate to the above covenant.
Mat such interest as I,we,may have In the premisen shall f Ills subject oll�heprovlpeionaa at hereby
agrees
and insofar t as Is necessary nlesesa a[t rights of tenancy by the dower Or hOmaalead and other
enant
Interests lhere�n,
IN WITNESS WHEREOF we hays hereunto set our hands and goals this _I y"f
18 Qy,_ of +
Ge eOwMr
a
W do F 9pour�or prn r '
5tni
Atcoplanca by a Myoriry of IM Planning @oud or
E t
en �'
One acknowredgement fnusl be completed for each of the following: j
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
1:
P
COMMONWEALTH OF MASSACHUSETTS �
Be S tanber r
Then personally appeared before me the above named Geome
the foregoing instrument to be _ tsis and acknowledged
free act and dead,
m
a,analYrl of Nor Pv 'C �� r:
My commission expires
ij Ij
"4 1W. 411 4r H�nnlnq Intl A6vliii ap✓frCi 1977 I �Ig�,,,.tl 14W.fps).IPr9,
h
1
�a
,I
{III
4
I
jI
I� y'
II' r.
• � r r� ' ra �I.iu`Jf51'�i� iLf��rr ;��. ,.,
N y1 k,k14-f
COMMON 1 LTH OP,HASS7�CliUS6TTS�
Then persanaiiY appeared before me — * ----�•—�r 19 95
the foregoing instrument the above named Farr `
to be Eree act and dead, and acknowledged
�I
' g a �,-t.7y J
I` My Co
mmaesion expires
i v�
t�i�, .
r.
!j r SS
1995
Then personally appeared before me the above named JOB: h V.
I acknowledged the foregoing instrument to be his free act and deed,14 a
E
II� S gnature o Rotary PubL� _
J' COMMONWEALTH OF lIAS6AC +���Woo
Baser Cam_„a�O��` S6 CF3USET'i'g
Than ePt-bsr j 19 95
peraonaily appeared before me the above
I the foregoing inatrument to be named JOWL ,th
—JlOr_ free act and deed and acknowledged
I �
i
I' Signature of ct ry public l
If � my Comnisslon expires
Ili
it
F
I� COMMORWEALTH OF MASSACHUSETTS
Essex
90
r 19�yy„
Then� personally appeared Helen Gorman pp as the Applicant or his/its authorized agent and acknowledged the
foregoing instrument to be
free act and deed of the A lican her free act and deed and the
l pp before me.
I I� Rota ` 'ry Public
My Commission Expires; 1J
1
1
1
k
r�
i
`w
y
FORM 7-
COVENANT
September 13 19 95
North Andover Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted an application dated
to the Planning Board for approval of a
efipitive plan of a subdivision of land entitled: . Evergreen_Estates , plan by:
Christiansen & dated: Dec._ 28,1994 and owned by: Gorman• and
,eoxge & Wanddress: f ,land located: ar era ge u Ne me'
'
Farr , and showing _ 22 proposed lots. The undersigned'has requeste the
Planning Board to approve such plan without requiring a performance bond.
IN CONSIDERATION of said Planning Board of nTnrth 21Y3r7"ror in the county of
Essex approving said plan without requiring a performance bond, the undersigned
hereby covenants and agrees with the inhabitants of the Town of No _ A►] as
follows:
1. That the undersigned is the owner' in fee simple absolute of all the land included in the subdivi-
sion and that there are no mortgages of record or otherwise on any of the land, except for those
described below, and that the present holders of said mortgages have assented to this contract
prior to its execution by the undersigned.
If there is nore than one owner, all must sign. "Applicant" may be an owner or his agent or
representative, or his assigns, but the owner of record must sign the covenant.
2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma-
nent building on any lot until the construction of ways and installation of municipal services
necessary to adequately serve such lot has been completed in accordance with the covenants,
conditions, agreements, terms and provisions as specified in the following:
a. The Application for Approval of Definitive 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 5 5
d. The definitive plan as approved and as qu.alified by the certificate of approval.
e. Other document(s) specifying construction ro 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 prop,ie5 that no lot be sold or conveyed or shall
be built upon until ways and services have been provided to serve such lot.
3. That this covenant shall be binding upon the executors, administrators, devisees, heirs,
successors and assigns of the undersigned and shall constitute a covenant running with the land
included in the subdivision and shall operate as restrictions upon the land.
4. That particular lots within the subdivision shall be released from the foregoing conditions upon
the recording of a certificate of performance executed by a majority of the Planning Board and
enumerating the specific lots to be released, and
5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this
covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not
previously released by the Planning Board.
Massachusetts Federation of Planning and AppeMs Boards 1972
{Revised 1980. 1983. 19881
20.17
C. .That the undersigned agrees to record this covenant with the North Essex County
Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board
in the event the Planning Board shall record this agreement forthwith. Reference to this covenant
shall be entered upon the definitive subdivision plan as approved.
7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee
prior to the release of the covenant; but not later than three(3)years from the date of such deed,
as provided in Section 81-U, Chapter 41, M.G.L.
8. That this covenant shall be executed before endorsement of approval of the definitive plan by the
Planning Board and shall take effect upon the endorsement of approval.
9. Upon final completion of 0te construction of ways and installation of municipal services as
specified herein, on or before Av U qq�
the Plan Ing Board shall retease this covenant by an appropriate
Instrument, duly acknowledged. Failure to complete construction and installation within the time
specified herein or such later date as may be specified by vote of the Planning Board with a
written concurrence of the applicant, shall result in automatic rescission of the approval of the
plan. Upon performance of this covenant with respect to any lot, the Planning Board may release
such lot from this covenant by an appropriate instrument duly recorded.
10. Nothing herein shall prohibit the applicant from varying the method of securing the construction
of ways and installation of municipal services from time to time or from securing by one, or in part
by one and in part by another of the methods described in M.G.L., Chapter 41, Section 81-U,
as long as such security is sufficient in the opinion of the Planning Board to secure performance
of the construction and installation; and
'. Massachusetts Federation oll Planning and Appeals Boards 1972
(Revised 1960 1983. 1988)
20.18
For title to the property, see deed from Elsie M. Heiraze, et al dated August 1, 1967
recorded in _Essex North Registry of Deeds, Book 1087 , Page 314 , or registered
in ---- - Land Registry as Document No. , and noted on certificate of
title no. , in Registration Book , Page and deed from Robert A. Smith,
a1 datt d Febr ar 228 1989 at Book 290,1 , Pa%�he present enolder o a mortgage upon the property is rtgagee _ -- _ of
The mortgage is dated and
recorded in Registry of Deeds, Book , Page , or registered
in Land Registry as Document No. , and noted on certificate
of title no. , in Registration Book , Page . The mortgagee agrees to hold
the mortgage subject to the covenants set forth above and agrees that the covenants shall have the
same states, force and effect as though executed and recorded before the taking of the mortgage and
further agrees that the mortgage shall be subordinate to the above covenant.
spouse of the undersigned applicant hereby agrees
that such interest as I, we, may have in the premises shall be subject to the provisions of this covenant
and insofar as is necessary releases all rights of tenancy by the dower or homestead and other
interests therein,
IN WITNESS WHEREOF we have hereunto set our hands and seals this --- of
, 19 9S
GeOr e Fax' OwnerAlw
[.
d Spouse of Owner
W a Far
Smi xXXX939X Acceptance by a Majority of the Planning Board of
Helen Gormah
One acknowledgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
COMMONWEALTH OF MASSACHUSETTS
Essex _ , ss September , 1995
Then personally appeared before me the above named George Farr and acknowledged
the foregoing instrument to be _, his free act and deed.
&—
Signature of Nota Pu is
My commission expires
Massacmisetts Federation of Planning and Appeals Soa+ds 1972
{Revised 1980. 1983. 1%81
20.19
Iti 1t I ir.r;?' tr�,ir.rrfj•€jlf4 fl ni'1��t �ty`k l�-►�:��'t�i' :. r �5f'.. c, `.. 1
► € ► t" F:#i�,'�::N- t,r tl;�- FI kf\��tl t 't 11 � I _ e.r'
►' --et 14 fi4yl tt lift fir'. '= 1S : :. ri o t rt,n , ,'t1`-F�"'j rt �- g Fi- t ➢�Ij r' 4 €€ k +€
,.II - .. } ' .. f r - '1 -€ €i r7li►� atI F�af'tjrJ ',��'�:e f tt €€�k�i,i € k�i-€�f�VE= �' r.t i ;fit�1r
r }: f. ....t• ,I .: ..7:ef€j,`r'€f :.`fr 1tr 1, .; .fa':Ik t :, 'a .€
COMMON ALTH OF`i MASSACHUSETTS' .. t
Essex Count ss Se tember L 19 95
Then personally appeared before me the above named Wanda Farr and acknowledged
the foregoing instrument to be he free act and deed.
;r
ig a ure of"Notary PUITlic
My commission expires—
SS , 1995
Then personally appeared before me the above named Joseph V. Mahoney and
acknowledged the foregoing instrument to be his free act and deed.
Signature o 6Notary Public
COMMONWEALTH OF biASSACHUSETTS
Essex County ss September 19 95
Then personally appeared before me the above named Jean/Smith and acknowledged
the foregoing instrument to be her free act and deed.
MR
Signature of of ry Public
Day commission expires
COMMONWEALTH OF MASSACHUSETTS
Essex ss ��—
19
Then personally appeared Helen Gorman as
the Applicant or his/its authorized agent and acknowledged the
foregoing instrument to be tkqW0W her free act and deed and the
free act and deed of the Applicant, before me.
Notary public �}
My Commission Expires : 6
2: t
t f �
FOEIKf Its
CONVEYANCE Or EASLMENTS AND 1111LITIE•S
Jean 1. Smith, Helen Gormar:, 270 Marbleridge Road, N. And-mer
George and wander Farr (namzofowncr)of2l6 Raleigh Tavern Late_, K.And,(address) Espy.
County,Massachuseut;for the consideration of $1.OD hereby grants,tmnslers and deliver&unto lhr
Town of North Andovet,a municipal corporation is Essex County,the follow7ng,
A. The perpctual rights and tastments to constlud,inspett,repair,remove,replace,operate and forever
maintain(f)a sanitary sewer or sewers with any manholes,pipes,conduits and other appurtenances, h�
(2)pipes,conduits and their appurtenances for the conveyance of water,and(3)a covered surface and hS
ground water drain or drains with any manhole:,pipes,conduits and their appurtenances,and to do all (�
other acts incidental to the foregoing,includmg'thd right to a§along and over the land for the P
aforesaid purposes, ln, through, and under the whole of t3.vei5on, dated
said plan is made and said plan is incorpor tad hercm far a com
ds �Ctplete and
detailed description of said roah 1' S. S
�iG, ���, is recatr�l,rs
B. The perpetual rights and easemerltstousefor access utilit a' o (describe use/purpose)
the following parcel of land situated on ��, (Street)in said Tow„of
Norte,"dover and bounded and described as follow.,;
Lots 1 through 22 and the whole Of Pheasant brool; Road and Heaver Bros% Road
as shave a3 a plan of lane entitled: "M INITM 67MIVISZON PLAN EvmrREL\.
ESTATES Lo ATED ill NORTF ANDOVEZt, Mt.." Record Oornerst Jean F. 9nith and
Helen Gorman, 270 Marbleridge Roa6 and George and Wanda Farr, 216 Raleigh
r; Tavern Applicant: Messina Dmmloanent Corporatiarl, 805 Winter Street,
North Mdover, Mssachusetts; Christiansen Professional is irteersr .s
Land Stuveyors, 160 G m%--- Street, Haverhill, .fa. 01830e Tel. Ao.(508)373-0310. cr
The grantor warren;s that the aforesaid easements are free and dear of all liens or encumbrances,that he(i;,
has good title to transfer the same,and;bat he will defend the same against claims of all persons.
For grantor's title see deed from Elsie V. He=rl2er et al dated bus!.. 1 .19.67 and
recorded in North Essex District Registry of Deeds,Book 1067 Yagc 314
or under Ctnihcata of Title No. repistcred in District of the Land Court,Boot
Page , and deed front Robert A. Smith, etal dated Fe.lzuaty 2E, 1989
Tills is n�otiaomeiiea (arnp it}'.
i'.
To bs completed if a mortgngt exists: No ottstandinq rwrtgage p]pzmerty
f r.
r, And the present holdtt
of a mortgage on the above described land,which mortgage is dated ,19 and recorded
in said Deeds,Hoof: C age ,for consideration paid,hereby releases unto the Town forever from
- the operation of said mortgages,the rights and easements herein above granted and assents thereto.
Authorircd signature of Mortgagee met Jean £, Smith
��—yIr,RRffRT��NESS R f:ftEOP xe havr hereto set our hands and seals this day of
,1ClLLl.�(�.19�� 4'
5y:
'i
j'.
}
;f
1 1
a
MINIM
a^
t � I
4 ,
r8�;
COMMOMYEALTH OF MASSACHUSEWS
19 77
Then personally appeared the above named Joan F. Smith and acknowledged the.foregoing to be
r free act and deed,before me. q
Notary Public
My CemmMOR Mug/
1
MOTE:This conveyance is not effective until accepted by Town Meeting.
Helen Gor"n
C�Q+iNrJNFfFAL'Lti OF MAS&lC1if3SE!'1.'u
WSMSS.
Then personally appeared the above Hatred Helen Gormart and acWwaledyed the
foregoing to be her free act and deed, before Ap
�Notary Polio
J My' Sion exp'
L�nr,R F
fCCKvDMQiPLTH CU M&SEAQiUSLWS
{ FS,=,S5.
J nten personally appeared the above George Farr and acknawiedgedl thel
foregoing to be his free act and deed, bef r
Notary a Sf 12 J�(1�1
My Condesion e:�' s
�II i
Wanda Farr
F ,
aY
? a
f i r
�)x4i
0,1
,r.
t '
i
� F
�rrrr�.r.7;f o� tfassx�ros�z's
Then peraanally appeared the above nww(j Wands Farr and ae 17m��rrledged the
find as her free act and deed, before me,
MWY CQ[RaglGlon e.Vpirea:' _
4
all-
S r I
fz '
h
J
Y
4 1
".'.
�l
f
1.
yi.0.
1
1
A
}. SK 4355 PC 53
t
GRANT OF EASENIENT
j Jean F.Smith and Helen Gorman of 270 Marbleridge Road,North Andover,Massachusetts
and George and Wanda Farr of 2t6 Raleigh Tavern Lane, North Andover, Massachusetts, in
F wnsideratian of One(SL00)Dollar and other good and valuable considoration,hereby grant to the
[ i
Inhabitants of the Town afTtorth Andover,a permanent right and easement as follows:
The right to pass,repass and otherwise use Pheasant Brook Road and Beaver
Brook Road,both roads as set forth on a plan or land entitled"DEFINITIVE
SUBDIVISION PLAN EVERGREEN ESTATES LOCATED INNORTH
ANDOVER,MA." Record Owners:Jean F.Smith and Helen Gorman,270 O
Marbleridge Road,and George and Wanda Farr,216 Raleigh Tavern Lane;
Applicant:Messina Development Corporation 805 Winter Street,North
Andover,MA,Christiansen&Sergi,Professional Engineers and Land
' Surveyors,160 Summer Street,Haverhill,MA 01830,Tel,(508)373-0310,
Dated'pecember 28,1994,Revised:June 1,1995 and September 13,1995,
GA 01>Slan it,f vc�a t P bn Nd. t.A�'
Said easement shall run 10 the benefit of any and all purchasers of Lots 1 through 22 in the =
above-described BvergromEstntes,as well as to all other Inhabitants ofthe Town of North Andover. 's
` �r Said Plan is recorded at North Essex Registry of Deeds immediately prior hereto as Plan No.� $,
� a
u�r Witness our hands and seals this OAday of September,1995.
p. 4 F -a'Tr s frl
an F.Struth c
COb1MONWEALTH OF MASSACHUSETTS �
Esse sq. September ��11995
s x
rwa 4 Then personally appeared the above-named Jean F.Smith and acknowledged the foregoing
r to be her free act and deed,before me.
2 F
Notary Public
expires: 3jlf1c+al
a; M commission
rya
e r.
ah , Helen Gorman
r 3
c
f ss
4'
t
r
COMMOWIBAL T H OF MASSACHUSETTS'
September 1995
'then personally appeared tlr above-named Helen Gorman and acknowledged the foregoing
to be her free act and deed,before me.
Not Yublia
Mycommission
George Farr
COMMONWEALTH OF MASSACHUSETTS
u
Ease),as. Septemberr� ,1995 ,
is
Ttten personally appeared the above-named or e g Farr and a maw)ed�l. )edged the fore in
be fu.,Tice act and deed,before me, 8 $° S 10
notary Public
lh' ocmaissi n e e; �'Id/�d�
Wanda Farr
COMMONWEALTH OF MASSACHUSETTS
Essex,ss. September �`l1,1995
Then personally appeared the abov&named Wanda Farr and acknowledged the foregoing to
be her free act and deed,before me,
Y�
•otary Public
My commission expires:7l ICI2
not a ralicable
Notary Public
My commission expires: Y
S
a
1,
w
c
}
i
4
i
FO1111-1( M
CONVEYANCE OF EASEMENTS AND UTILITIES
Jean F. Smith, Helen Gorman, 270 Marbleridge Road, N. Andover
George and Wanda Farr ,(name of owner)of216 Ralei h Tavern Lane N.And.,(address) Essex
County, Massachusetts; for the consideration of S1 _00 , hereby grants, transfers and delivers unto the
Town of North Andover, a municipal corporation in Essex County, the following:
A, The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever
maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances,
(2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered surface and
ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all
other acts incidental to the foregoing, including'thd right to ass along and over the land for the
Subaforesaid purposes, in, through, and under the whale of fAn an tive eeyl 's'on , dated
Def-ember 283, 1994. , said plan is made and said plan is incorporated-herein for a complete and
detailed description of said roads.
B. The perpetual rights and easements to use for access utiliL-Y,drainage (describe use/
the following parcel of land situated on Salem (Street) in said Town of
North Andover and bounded and described as follows:
Lots 1 through 22 and the whole of Pheasant Brook Road and Beaver Brook Road
as shown on a plan of land entitled: "DEFINITIVE SUBDIVISION PLAN EVERGREEN
ESTATES LOCATED IN NORTH ANDOVER, MA." Record owners: Jean F. Smith and
Helen Gorman, 270 Marbleridge Road and George and Wanda Farr, 216 Raleigh
Tavern Lane; Applicant: Messina Development Corporation, 805 Winter Street,
North Andover, Massachusetts; Christiansen & Sergi, Professional Engineers,
Land Surveyors, 160 Summer Street, Haverhill, MA 01830, Tel. No. (508)373-0310.
The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it)
has good title to transfer the same, and that he will defend the same against claims of all persons.
For grantor's title see deed from Elsie M. Heinze, et al dated _ August_1 _> 19 67, and
recorded in North Essex District Registry of Deeds, Book 1087 , Page 314 ,
or under Certificate of Title No. , registered in District of the Land Court,Book
2 , Page and deed from Robert A. Smith, etal dated February 28, 1989
This is not a homestead property.
To be completed if a mortgage exists: No outstanding mortgage on property
And the present holder
of a mortgage on the above described land, which mortgage is dated , 19 and recorded
in said Deeds,Book ,Page ,for consideration paid, hereby releases unto the Town forever from
the operation of said mortgages, the rights and easements herein above granted and assents thereto.
Authorized signature of Mortgagee ner Jean F. Smith
N WITNESS Ww�JJ,PEOF we have hereto set our hands and seals this f� day of
r
COMAIONINVEALTH OF MASSACHU/SETTS
, 19 "!�
Then personally appeared the above named Jean F. Smith and acknowledged the foregoing to be
her free act and deed, before me.
lr-O Affl4
4otaryy Public
My Commission Expir s:
All If I A0
NOTE: This conveyance is not effective until accepted by Town Meeting.
l II
He en Go an
COMMONWEALTH OF MASSACHUSETT.
ESSEX,SS. q11 14�
Then personally appeared the above named Helen Gorman and acknowledged the
foregoing to be her free act and deed, before .
n
Notary Public
My c sion expir
George Far
COMMONWEALTH OF MASSACHUSETTS
ESSEX,SS.
Then personally appeared the above n d George Farr and acknowledged the
foregoing to be his free act and deed, befo
I V
Notary Public
My commission expir ! f vl
IIL"
Wanda Farr
COMMONWEALTH OF MASSACHUSETTS
Essex,ss. rI�sr
Then personally appeared the above named Wanda Farr and acknowledged the
foregoing as her free act and deed, before me.
Notary li
My ccn nission expires:
GRANT OF EASEMENT
Jean R Smith and Helen Gorman of 270 Marbleridge Road, North Andover, Massachusetts
and George and Wanda Farr of 216 Raleigh Tavern Lane, North Andover, Massachusetts, in
consideration of One($1.00) Dollar and other good and valuable consideration, hereby grant to the
Inhabitants of the Town of North Andover, a permanent right and easement as follows:
The right to pass, repass and otherwise use Pheasant Brook Road and Beaver
Brook Road, both roads as set forth on a plan of land entitled "DEFINITIVE
SUBDIVISION PLAN EVERGREEN ESTATES LOCATED IN NORTH
ANDOVER, MA." Record Owners: Jean F. Smith and Helen Gorman, 270
Marbleridge Road, and George and Wanda Farr, 216 Raleigh Tavern Lane;
Applicant: Messina Development Corporation, 805 Winter Street,North
Andover, MA, Christiansen& Sergi, Professional Engineers and Land
Surveyors, 160 Summer Street, Haverhill, MA 01830, Tel: (508)373-0310,
Dated: December 28, 1994, Revised: June 1, 1995 and September 13, 1995.
Said easement shall run to the benefit of any and all purchasers of Lots 1 through 22 in the
above-described Evergreen Estates, as well as to all other Inhabitants of the Town of North Andover.
Said Plan is recorded at North Essex Registry of Deeds immediately prior hereto as Plan No.
Witness our hands and seals this ]�' day of September, 1995.
id
anVFS4maith
COMMONWEALTH OF MASSACHUSETTS
Essex,ss. September 11995
Then personally appeared the above-named Jean F. Smith and acknowledged the foregoing
to be her free act and deed, before me.
i�
Notary Public
Mylcommission expires: 0-51 li/ape]
r
s
Helen Gorman
r
i
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. September C , 1995
Then personally appeared the above-named Helen Gorman and acknowledged the foregoing
to be her free act and deed, before me.
48� �
Notary Public
My commission exp' es: �Ilsll xd/
George Farr
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. September/� , 1995
Then personally appeared the above-nam=Notarypublic"
d re Farr ad cknowledged the foregoing to
be his free act and deed, before me.
r s: I, � ��
Wanda Farr
COMMONWEALTH OF MASSACHUSETTS
Essex,ss. September 14, 1995
Then personally appeared the above-named Wanda Farr and acknowledged the foregoing to
be her free act and deed, before me, iW01f
otary Public
My commission expires: 71 ��U2
not applicable
Notary Public
My commission expires:
NNW
1 . .
MCLZRATION -0—VENANT
THIS
made this5 h C dLray of 0 OobeErSTRICT1935Co U vE
eorq� A' �$ran�a ) of 216 Raieigl��avern 4n, Nort An Aver Essex Cnunty, Massachusetts
[ ('Declarant°} ,
WHBREA5, Declarant, being the owner in fee simple of those
certain parcels of [vacant) land located in north ?ndover t0
Essex County, Massachusetts, (with the bui dings and
improvements situated thereon),pWombeing more particularly H
described . k and
being shown as Lotsl-2a xpd on a subdivision plan
entitled, "Evergreen Lstates dated
' prepared lay Christiansen s Ser i and [recor ed with
k : North Essex County Registry of Deeds in Plan 3amoc Ohqi, p.}.an
by ) and px) being Land Court Plan j (collectively,
'a the Property") �/+T���oiri wYs►..a� i
r
WHEREAS, under the provisions of 314 CMR 9,03, Declarant is
exempt from having to obtain individual water quality certification
permits for the lots comprising the Property if Declarant imposes
" upon said lots a restrictive covenant limiting to 5000 square feet `^
' the amount of wetlands, said wetlands being defined under 310 CMR �
10,00 ("Wetlands"), which may be removed, or
Filled, dredged ow a
t altered; and F,
` WHEREAS, Declarant desires to be- exempt from having to obtain
+ such individual water quality certification permits for the lots ".
comprising the Property; r.
„ NOW, THEREFORE, Declarant hereby voluntarily declares and' '
imposes upon the .lots comprising the Property, and any portion
y, thereof, the following restrictive covenant for the benefit of
' Declarant and his/her/its successors in interest to the Property
and any portion thereof,
1• Purpose, it shall be the intent and purpose of this s
c
Restrictive Covenant, pursuant to the provisions of 314 CMR 9.03,
! to restrict to 5000 square feet the cumulative total area of SL
' Wetlands alteration which may take place within the Property;
> 2, Bil ding Eglecr. The restrictive covenant and provisions
herein set Forth shall run with the Property, and any portion
thereof, and shall inure to the benefit of and be binding upon
r
f
L' 4 1355
Declarant and any other party having an interest in the Property,
or any portion thereof, or claiming to have an interest wit},
respect to the Property, or any portion thereof, as tenants, i
invitees, licensees or otherwise, and all of the respective heirs,
g i,successors, grantees, mortgagees, assigns, agents, contractors,
subcontractors and employees of the foregoing, i'
I
3. Restr,,,-„- i T�ctivF °vPna^.t €
C Any and all alterations of Wetlands
situated within the Property shall not exceed a cumulative total of �five thousand (5000) square feet in area, said five thousand
(5000) square foot limit of Wetlands alteration may be apportioned
among the respective lots comprising the Property but in no event
shall such apportionments exceed a cumulative total of Eive thousand (gOpp) square feet in area. The aforesaid restrictive
covenant is hereby imposed pursuant to 314 CMF 9.o3, I
4• EnforceabLJ'& ., So long as Declarant or his/her/its
euccessors in interest shall retain record title to any of the ,
Property, Declarant and such successors in interest shall have the
sole authority and right to, and shall enforce the restrictive
covenant herein set forth, Any person having the right to enforce
the provisions hereof shall have the right to bring proceedings in
law or in equity against any party or parties violating or
G. attempting to violate the terms of this Declaration, to enjoin then from so doing, and to cause any such violation to be remedied, ;
after providing w p_written notice to such arty
„ mortgagees of record, P Parties and all
� 5. Severa�i]irv. If any court or ocher tribunal determines
that any provision of this instrument is invalid or unenforceable,such provision shall be deemed to have been modified automaticall, I to conform to the requirements for validity and enforceability as i determined by such court or tribunal, In the event the provision
iDv&lidathe
Provision hall be deemed deleted from this inst ument as d is Of such a nature that it cannot be so modified, t though it
g; had never been included herein. In either case, the remaining
provisions of this instrument shall remain in f
effect. ull force and
f
Declaration, full orb reference, into
toJ.- anc ina..run:this I;
of Transfer, ,. Declarant hereby agrees to incarpprate this
1 deeds, easements, !mortgages, leases, licenses, occupancy agreements or any other
instrument of transfer by which an interest in and/or a right to
$, use the Property, or any portion thereof, is conveyed,
7• Term. The restrictive covenant and provisions herein set
forth shall run o;i.Ch the Pro erC x
P y, or any par„ion thereof, for a
Period of thirty ,30) years from the date of recordation and/or
registration, before which time said restrictive covenant and said
T provisions may be extended as provided by law.
f'.
Ei
l€
J'{'s
I
S�
�1
I�
E•f,;
1.F
A
IE
�� I
B. Recordat ion/Regi9_t--lti2. Declarant shall record
and/or register this Declaration with the appropriate Registry of
Deeds and/or Land Registration office within thirty (30) days of
its date of execution and shall submit a certified Registry copy of
the same to the appropriate regional office of the Department of
Environmental Protection, a duly constituted agency established
under the laws of the Commonwealth of Massachusetts, within
fourteen {14) days of its date of recordation and/or registration.
9. Amendment and Release. in the event this Declaration is
amended and/or released, such amendment and/or release to become
become effective upon its recordation and/or registration with the
appropriate Registry of Deeds and/or Land Registration office, a
certified Registry cony of such amendment and/or release j[sali be
submitted to the appropriate regional office of the Department of
Environmental Protection by Declarant wirhxn xourteen (14) days of
the date of recordation and/or regiscracicn.
WITNESS the execution hereof under seal this Sth day of
(Name cif Declarant) (Name of Declarant)
Georg Farr Wanda Farr
H COMMONWEALTH OF MASSACHUSETTS
Essex ss October 5 1995
3,
George/Parr
Then personally appeared the above named (Name of pac-larant.j
and acknowledged the foregoing inst`-ument to be his/ho xizxm =rea
act and deed before me, r
( 1
ota y Public: r �Q
My Commission Expirea.—I �
�.3
CONW-ONhEhLTH OP MASSACHUSETTS
Essex, BE. October 5; 1995
Then personally appeared the above-named Wanda Farr and
acknowledged the foregoing instr nt, Declaration of Rqstrictive•
Covenant, to be her free act and ed before m
otary Pn in
rl
My Commission Expires% '911.40 .5 r I
Sr L'
f:
3
t I {yF3 fk°
h-
I
i 1
4
f it
�fIJ
i
�s� t
I
{
'
0
F I
A
1��
i
FORM L
DEPARTMENTAL REFERRAL FORM 1
TO: Director, Public Works
Assistant Director of Engineering
Fire Chief
Conservation Administrator
Building Inspector
Health Agent
Police Chief
FROM: Town Planner and/or Clerk, Planning Office
RE: Preliminary Plan
Definitive Subdivision
Special Permit
Site Plan Review
DATE:
A Public ez�ring has been scheduled for Z.'O O p.m. on
to discuss the plazas checked above.
(Preliminary plans do not require public hearings. )
The Technical Review Committee Meeting is scheduled for:
A
Thank you.
CHRISTIANSEN & SERGI, INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830 (508)373.0310 FAX; (508)372-3960
July 18, 1995
North Andover Planning Board (DC)
Town Hall Annex . ,1y<
146 Main Street
North Andover, MA 01845
Dear Board Members:
On behalf of my client, Messina Development Corp, T
grant an extension to the Board to issue a decision on the
Evergreen Estates Definitive Subdivision Plan until August
15, 1995 .
Ver y your
Ph' p G. ristia
PGC,•lc
i