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HomeMy WebLinkAbout1990-11-21 Legal Documents DEF SUB r199 Jl -- �- ^- `47,�Y z i P Builders Tr14. s corporation duly established under the taws of Haasachusetts and having ite usual plaeo of buetneas at 35 Center Street , of .Burlington, Middlesex County,Masnachusetts, in Consideration of Throe Hundred Fifty Thousand ($350,000.00) Dollars : grants to David D. Dickerson and Cheryl C. Dickerson, husband & wife, as tenants by the entirety, 1 i•r,•, 1 of 1 Scott Circle, North Andover, Essex County, Massachusetts, with quttcluint rov(naldl the land in North Andover, Essex County, Massachusetts ! t' A certain parcel of land situated on the Northerly side of Forest s~ Street in North Andover, Essex County, MA, and shown an a definitive Plan of Land entitled, "whippggwill Park, North Andover, Hass.", E `� ii o Owner, E&F sunders', Inc., Engineer, Hysten Engineering t Assoc., and recorded with the Essex North District Registry of Deeds as Plan - sl < No. 7842 and being more particularly bounded and described as follows: H Beginning at the southwesterly corner of said premises at an iron ' ° pin at the Northerly line of Forest Street; , ;z 4 e) Thence running Northeasterly by land now or formerly of New England ! {i Power Company, 677.40 feet to a point; Ja Thence turning and running Northeasterly by land of said New England U = ' Power Company 683.83 feet to an iron pin at land now or formerly 4P :. 0 of Daniel E. Hogan; Thence turning and running southwesterly by land of said Daniel E. ` Hogan and a stone wall by five courses measuring 152.04 feet, 93.14 sI feet, 127.•86 feet, 39,69 feet, and 51.72 feet, to a point at land ? 1 now or formerly of E&F Builders, Inc.; 0 i t, Thence running Southwesterly by land of said E&F Builders, Inc., a and said stone wall, by 5 courses measuring 37.31 feet, 32 feet, 57.03 feet, 150.44 feet, and 43.20 feet to a drill hole at land now I T or formerly of Morris F. and Ruby Rabbs; ,� ' .._: :• . '' ' p Thence turning and running Northwesterly by said land of Morris F. :;ch ; .r,: ' o and Ruby Rabbs 11.33 feet to a drill hole at land now or formerly { j aL, of George D. and Dorothea Miller; .t;.,' Thence running Northwesterly by said land of George D. and Dorothea Miller 335.96 feet to an iron pin; i Thence turning and 'running Southwesterly by said land of George D. i and Dorothea Miller and a stone wall 272.00 feet to a drill hole at the Northerly line of said Forest Street; 4. t. tY .•fF.r. � At%ice .•�. Thence turning and running Northwesterly by the Northerly line of .' 't, s- . 4- rt said Forest Street and said stone wall by two courses measuring 32.85 ✓`:� R feet and 57.15 feet to an iron pin and the point of beginning. containing Lots 14 2, 31 and Scott Circler all according to said ^' Plan. �. is .;• ;�: 4'Y:��.S:• �dfF. ►{ nn v y R y �7�7 1 I � -•.1� _ 3 Said premises are conveyed subject to and with the benefit of all p, •:f ;: � s rictions, covenants! conditions and reservations of -. F easements/ re ti t €:ma's'r•y+:r" i t,� ,A,. record, if any, and as shown on said Plan No. 7842 .insofar as the I �.`., same are now in force and applicable, t� '� . ;• ' •ax�xpt>pact asyt XSt%)o Cx h1x xm , t �dz+x�esxfhe:c�ez3»erx % dattixr =Xx'OX A VC XX xi9�6%xz-a r*x-1x ba)2x nYt F.3C$RYS I7p7CA JC Drxxl=iYllC jWX&C A"Vt x 1M)T XA.)2G • rh, � l s:.yam, rx �e�if7k',]C�S7t7eX �•$7�X �'�-airy�+"!.'�„•`'ti� IC.r� It� fArXnYAbnriet4x� x xifxi7xutrxtrerxr slx�trAYSSxrnX ci cry �y �, �:� A:fXAxxxia%xxsxl3Ap�x�t,24�AxXQnxjxati�X '`jj.. ' �``' by deed of even date Being the same premises conveyed to the Grantor ,✓ '��. ,,; "; 1... .::Us— and recorded immediately prior hereto r is '' '�: k '.• ,,- jnttritnta>s#jhtrrot theaaid E & F Builders, f S• '����e S�iD�-�`•`F has cauud its corporate seat to be hereto affixed and theeo presents to bo signed, ulrnox'ledgcd and a,�ih ! .. delivered in its name and behalf by V. Scott Follansbee t` f fta President and hereto duly rMhorLsod,this i K s dsy or Treasurer in the year one thousand nlno hundred and Sign an p esenea or :=,?,f�`,4attt``,. i '51.• `:`us by V. Scott Follansbee/ President and Treasurer of E Q F Builders Re �nald L: Harden }- �``i .• 1.ii'f r�Y-''�''.�A�.\'-.. ryr.-��".• •. �: .._.. aJ i.h11•_ Jr Essex �• June 21 Then personally appeared the abovonamed V. Scott Follansbee, President and Treasurer of E & F Builders, Inc. - t.o � � +� r r. • tho for oin instrument to be tho free act and deed of and acknowledged eg 8 E & F Builders Inc. Word me- •� r.� -..• •... .ter � T=•\�y.� � � _ �'��.f ! � li ;A., h egi L. tfarden 'NotwV Puaru } Run ' ''''z* �� �ad �� Lfi' I '• •�__ .EiO{t4'Wt��K{'`11F. �i;y �i commission expires June 16 19 89 #J� 1 . ;.�-,• _ :fir~:•,., Reco-,�dod June 21,1985 nt 3:36M•t #13074 � F RESTRICTIVE COVENANT The undersigned David D. Dickerson and Cheryl C. Dickerson being the owners of real estate known as Lot 1, 2, and 3 Scott Circle, North Andover, Massachusetts, as shown on a Plan of land entitled "Definitive Subdivision Plan - Whippoorwill Park" located in North Andover, Massachusetts, Owner and applicant David D. and Cheryl C . Dickerson, Thomas E. Neve and Associates , Inc . Engineers, Surveyors, Land-use planners dated November 14 , 1990 , revised February 15, 1991 , and recorded with the Essex North Registry of Deeds, Book 1991 , Page 228, in consideration of one dollars ( $1 . 00 ) and other good and valuable consideration grant to the Town of North Andover Planning Board a Permanent Restriction on the area shown on said plan as "Open Space consisting of two separate areas; On Lot 1 containing 2 . 51 acres and Lot 3 containing 0 . 86 acres as shown on said plan for a total "Open Space Conservation Land" of 3 . 37 acres . Said open space shall be restricted as follows : 1 ) The owners of Lot 1 and 3 and their successors in title shall not construct structures or accessory structures on the open space areas, including pools, tennis courts, and basketball courts . I� 1 } 2 ) This provision shall not prevent the owners and their successors from cutting trees, Leveling and clearing land for yard and recreational purposes, building driveways , and for other activities lawfully permitted by a land owner. 3 ) Nor shall the Restriction prohibit owners and their successors from the excavation on Lot 3, the right to excavate a wetland area in order to build a pond. 4 ) This restriction shall only be enforceable by the Town of North Andover Planning Board or such Board or authority as may in place of the Planning Board exercise such duties as are now customarily exercised by the Planning Board and shall not benefit or be enforceable by any other individual or entity. 5 ) For purposes of this restriction, the term "structure" shall mean "a combination of materials to form a construction that is stable, including, but not limited to, buildings, platforms , observation towers, radio -2- towers, water tanks, swimming pools , sheds, and the like. Executed as a sealed instrument . David D. Dickerson 4�c: r C. Dickerson Commonwealth of Massachusetts Essex, ss . March ;' R' , 1991 Then personally appeared the above named David D. Dickerson, and acknowledged the foregoing to be his fre6 . a.ct. and deed before nee. Notary Public My Commission Expires Commonwealth of Massachusetts Essex, ss . March , 1991 Then personally appeared the above named Cheryl C. Dickerson, and acknowledged the foregoing to be her free act and deed before me. Notary Public My Commission Expires L:RESTRICT( 1-3 ) -3- { ' FORM I i COVENANT April 1 , _ - , 1991 North Andover, . MA KNOW ALL MEN by these presents that the undersigned has submitted an application dated to the North Andover Planning Board for approval of mini eve Plan of a subdxv sion of land entitled: "Definitive Subdivision Plan - Whippoorwill Park" plan by: Thomas E. Neve and Associates , dated by:11714795, Rev, 2 15 9bwned by: David D. & Cheryl, C . Dickerson address: Scott Circle, North Andover, MA. , land located: Lots 1 2-- . _. . � , and 3 ,S_r-nh_N_ f.-,rc1„�, , Nox'tb Anrinvar 'MA and showing proposed lots . The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. IN CONSIDERATION of said Planning Board of North Andover , . MA in the county of Essex approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the town as follows: 1. That the undersigned is the *owner in fee simple absolute of all the land included in the subdivision and that there are no mortgages of record or otherwise on any 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 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 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 FEBRUARY 21_,_1991 Wage 1 of 4 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 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 , 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 _ sex North 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. . ___ r) _C 9. Upon final completion of the construction of ways and installation of municipal services as specified herein, on, or before March 28 , 1999 , 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 E and F Builders, Inc . dated Essex North , ' recorded in Essex arth Registry of Deeds, . Book 1991 , Page `22g . , or registered in Land Registry as Document No. , and noted on certificate of title No. , in Reg stration Book , Page The present holder of a mortgage upon the property is City Federal Savings mtK now under Resolution Trust The mortgage is dated June 21, 1985 and recorded. in North .Essex Registry of Deeds, Book with deed, Page , or registered in Land Registry as Document No. , and noted on certificate of title No. , in Regis rt ation Book , Page The mortgagee agrees to hold the mortgage subject to the covenants set forth above and agrees that the covenants shall have the same status, force and effect as though executed and . recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant . I, , Cheryl C. Dickerson , 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 W1TN PS WHEREuA F w have hereunto set our hands and seals this / of p�Dr�� , 19 ,Ch-er .)C ckeras n p d' D.-, "Dickerson Acceptance by a Majority of the Planning Board of COMMONWEALTH OF MASSACHUSETTS sr. 2. �.._—, 19 Then personally appeared before me the above named 4' ✓✓JJ+S , � zs�.� and acknowledged the foregoing instrument to be e, act and deed. My Commission Expires: Z COMMONWEALTH OIL MASSACHUSETTS ss , 19 Then personally appeared before me the above named Planning Board member, and acknowledged the foregoing instrument to be free act a deed. Notary Pub11C My Commission Expires: tags 4 of 4 FORM I COVENANT A0 s Z10r 1g . MA KNOW ALL MEN by these presents that the undersigned has submitted an application dated , to the NORTH ANDOVER PLANNING BOARD for approval a Definitive Plan of a subdivision of land entitled: r 6� plan by: ! dated: t owned by address: r land located: 2 Vi , and showing proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in the county of ESSEX approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the town as follows: 1. That the undersigned is the *owner in fee simple absolute of all the land included in the subdivision and that there are no mortgages of record or otherwise on any land, except for those described below, and that the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. *If there is more than one owner, all must sign. "Applicant" may be an owner or his agent of record must sign the covenant. 2 . That the undersigned will not sell or convey any lot in the subdivision or erect or place any permanent building on any lot until the construction of the ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, terms and provisions as specified in the following: a. The Application for Approval of Definitive Plan (Form C) . b. The subdivision Control Law and the Planning Board' s Rules and Regulations governing this subdivision. 1 of 5 i 1 C. The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated Y S 1 d. The Definitive Plan as approved and as qualified by Certificate of Approval. e. Other document(s) specifically construction to be completed, namely, However, a mortgage who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which provided that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. 3 . That this covenant shall be binding upon the executors, administrators, devisees, heirs, successors and assigns of the undersigned and shall constitute a covenant running with the land included in the subdivision and shall operate as restrictions upon the land. 4 . That particular lots within the subdivision shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released. 5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. 6. That the undersigned agrees to record this covenant with the 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. 2 of 5 i i 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 the endorsement of the definitive plan. 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 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 - T- Si W-r�- dated _St's _T, recorddd in Registry of Deeds, Book , Page , or registered in Land Registry as Document No . , and noted on certificate of title No. , and noted on certificate of title No. , in Registration Book Page Toe present holder of a mortgage upon the property is of The mortgage is d and recorded in Registry of Deeds, Book , Page or regist d in Land I f7!! Registry as Document No. , and noted on certificate of title no. , in Regiiitratio ook , Page The mortgagee agrees to hold the mo age subject to the covenants set forth above and agrees that covenants shall have the same status, force and effect as thou executed and recorded before the taking of the mortgage and fu her agrees that the mortgage shall be subordinate to the above covenant. 3 of 5 j 7 i n,-h spouse of the undersigned applicant ere y agr es t at s in as I, we, may have in the premises shall be subject to the provisions of this covenant and insofar as is necessary releases all rights of tenancy by the dower of homestead and other interest therein. IN WI NESS WHEREOF we gave hereunto set our hands and seals this of /L. , 19 o i us of Own Mortgage Acceptance by a Majority of the Planning Board of A► COMMONWEALTH OF MASSACHUSETTS Essex ,ss April 28 , 19 93 Then personally appeared before me the above named David and Cheryl Dickerson and' acknowledged the foregoing instrument to be their free act and deed. .�—ALD �. No -r Pub is My Commission E fires: 14&49f COMMONWEALTH OF MASSACHUSETTS k -, ss 1419k/r 19 Then personally appeared before me the above named elci4AIel� and acknowledged the foregoing instrument to be 1k� ppj� S free act and deed. o ary Public My Commission Expires: z"2-t 4 of 5 COMMONWEALTH OF MASSACHUSETTS ,ss , 1.9 Then personally appeared, before me the above named and acknowledged the foregoing instrument to be free act and deed. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS , ss ► 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Notary Public My Commission Expires: 5 of 5 7 FORM J LOT RELEASE The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that : a . The requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated 19 and/or by the Covenant dated r' 1 19 q—� and recorded in District Deed , Book , Page or registered in Land Registry District as Document No ------ and noted on Certificate of Title No . in Registration Book , Page has been completed/partially completed, to the satisfaction of the Planning Board to ade uately serve the enumerated lots shown on Plan entitled "" P e. V S1h ul ~7 Section (s) Sheets , Plan dat , 19 recorded by the egistry of Deeds, Plan Book , or registered in said Land Registry District, Plan Book Plan and said lots are hereby released from the restriction as to sale and building specified thereon. Lots designated on said Plan as follows : (Lot Number (s) and street (s) ) t 1 - b. (To be attested by a Registered Land Surveyor) I hereb c rtify hat lot number (s) Street {s) on do con-form to layout as shown on Definitive Plan entitled � ?J; Jic;n0- Section Sheet (s) " C Registered Land Surveyor OF OIL" No.13972 �n ISM 1 of 2 c . The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or Surety dated 19 , and/or Covenant dated 19 from of the City Town of County, Massachusetts recorded with the District Deeds, Book , Page or registered in Land Registry District as Document No. and noted on Certificate of Title No . in Registration Book, Page , acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows : EXECUTED as a sealed instrument this 47 day of 19 Majority of the /", Planning Board of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS CSSE1x ss A�kl L 19 23 Then personally appeared RICHAAX, /11q9b LLA , one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me . qc��tary Public y Commiss on Expires 2 of 2 FORM J w LOT RBLEASE The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that : a . The requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated 19 and/or by the Covenant dated , 19 and recorded in District Deeds, Book I Page xr ;' or registered in __ Land Registry District as Docume nt ____No --- ------ and noted on Certificate of Title No. in Registration Book , Page has been completed/partially completed, to the satisfaction of the Planning Board to adequately se v e enume lots shown on Plan entitled sV�S € ! Section (s) , Sheets pla dated , , 19 recorded by the �. Registry of Deeds, Plan Book , or registered in� said Land Registry District, Plan Book , Plan Ir, I 'L3 , and said lots are hereby released from the restriction as to sale and building specified thereon. Lots designated on ::aid Plan as follows : (Lot Number (s) and street (s) ) b. (To be attested by a Registered Land Surveyor) I hereb certify that lot number (s) A � a on _ do onform t layout as shown on Definitive Plan entitled ++ }• l � 1 � Section Sheet (s) egistered Land Surveyor ® ZZ) 1 of 2 e� 5 c . The Town of North Andover, a municipal. Corporation situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or Surety ated 19 , and/or Covenant dated A0 ell, 216 , 19 qAI from of the City own ofD. L County, Mas achusetts recorded with the District Deeds, Book , Page or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book, Page , acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows : EXECUTED as a sealed instrument this /� s� day of Ay6usr , 19 Majority of the ,"1 Planning Board of the Town of77 \ - North Andover .3 .p t! COMMONWEALTH OF MASSACHUSETTS s's Oo6vs r- C/ , 19 , Then personally appeared RtiCkAeth A. 0►4►?_baLA , one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me . 0`t )cotary Public IAA)eT- (. f�A'MlU ttuilt5tl,ti,i, my Commis 'ipr °, L�`?' �. rs u 2 of 2 T GRANT OF WAY SCOTT CIRCLE NORTH ANDOVER, MASSACHUSETTS David D. Dickerson and Cheryl. C. Dickerson, of North Andover, Essex County, Massachusetts, for consideration paid, and in full consideration of less than $100 . 00 grant to the Inhabitants of the Town of North Andover, Essex County, Commonwealth of Massachusetts all our right, title and interest in and to the way known as Scott Circle in North Andover, Massachusetts, being shown on "Modified Plan of Land in North Andover, Mass . , 'Whippoorwill Park, ' owned by David D. and Cheryl C. Dickerson, Scale: 1"=401 , June 23 , 1993, Scott L. Giles, R.L.S . , 50 Deer Meadow Road, North Andover, Mass. " recorded at the Essex North Registry of deeds as Plan No. 12273. For Grantors' title see deed recorded with Essex North Registry of Deeds, Book 1991, Page 228 . WITNESS our hands and seals this day of April, 1995 . DaviA D. D' he y C. is con COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . April ' , 1995 Then personally appeared the above named David D. Dickerson and Cheryl C. Dickerson, and acknowledged the foregoing ,instrument to be their free act and deed, before me, c Notary Public MyJ�ommission Expires k 9„ IM �St?••�\C:r�}y >,�?k''S •li,{1i' �W. i'` '+.�' �{`� S4'}`h ),�� �,� �t�y:�a a �` ,, ;° },I �i S� �� _ t r �iyl �s,�,{ �j��. �,Y 41..}? ,�y)� +')# !+'• '��i'� Y5�1��, �t��f�t, t lti};r.•hypp���.$�]�f ,� irytint,• St a ,. ;j ': .11 ! 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'r ,f.• '!,� 1,.1 t _ �..•lif5l '' r, r Y3�).. � *+Y lr, 1r S(g,� / ) r r'UY-i,! /-3 ,Syrrr+I,e!= ° r .+ + -,iv r fir. .-1'{, J 'n.•'r i7�1{.liri:, 7, i J,r.ar�fa'!n�"' J i{ Jr S�IFr�s N�T.,f( .i}' Ii.r l 1 J Jj f r A . 'J1•':+'' �� t •� J, ,/rJ�f P s � �,.jJ f l- ,l s �. 1+: .l.�rr1'��e'l�.l,�•�.v1�.;*j�.�:F. r�.c.,. _�r1�. -%f.r. ..Jrr.-5.. .Yi3:'�3.,. r V. 1 t FORM ±! CONVEYANCE OF EASEMENTS AND UTILITIES t of County , Massachusetts ; for the consideration of hereby grants , transfers and delivers unto the town of N n Ve_r , a municipal corporation in r sf� 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 ,fand under the whole of � , dated 1ur)gI4 Z3t N2ab said an is made and said plan is incorporate herein or a complete and detailed description of said roads . B . The perpetual rights and easement to use for the following parcel of land situated on _ fir-""-H _rr P, _ Street in said town o 1XIk oulp� �rYl A and bounded and described as The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances , that he ( it ) has good tittle to trans - fer the same , and that he will defend the same against claims of all persons . For grantor ' s title see deed from dated 1 an recorded in �r _ F�seA 4U Orr District Registry of Deeds , Book Page ? or under Certificate of Title No . registered in District of the Land Court , Book - Page ccn To be completed if a mortgage exists : And �, I ,,. ,r� the present ho er ot a mor .gag ion the above dlescribed land , which mortgage is dated ' r 19 i , `l � , and recorded in said Deeds , Book Page 2_c; G� for consideration paid , hereby releases un o e own forever from the operation of said mortgage , the rights and easements hereinabove granted and assents thereto . ( Page 1 of 2 ) . ......... `Kuthorized signature of Mortgagee . Owner IN 'WITNESS WHEREOF we have h reunto set our hands and seals this �Xd day of 19 COMMONWEALTH OF MASSACHUSETTS Then personally appeared the above named and acknowledged the foregoing to be free act and deed , before me , ;3 ✓/ Lary Public My Commission Expires : NOTE : This conveyance is not effective until accepted by Town Meeting or the Board of Selectmen . ( Page 2 of 2 )