HomeMy WebLinkAbout1989-06-15 Legal Documents DEF SUB FORM i
COVENANT
KNOW ALL MEN by these presents that the undersigned has submitted an
application date I-1 , to the NORTH ANDOVER PLANNING
BOARD for approval a Definitive Plan of a subdivision of land entitled: Plan of Land
"Liberty Hills II"
plan by: Merrimack Engineering Services,
dated: June, 1988; Revised January 26, 1989; owned by: Joseph T. Lee, Jr.,
address:300 Essex Street., Middleton, MA,
land located: North Andover, MA and Middleton, MA,
and showing: 8 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 or 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.
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.
c. The Certificate of Approval and the conditions of a proval specified
therein, issued by the Planning Board, dated - a �"q _—_.
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 acquired 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 Essex 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 the endorsement of the definitive plan.
9. Upon final completion of the construction of ways and installation of
municipal services herein, on or before May 1992, 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 recission 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.
Y
j
Registry
Far title to the property, see Foreclosure Deed, recorded in Essex South of
Deeds, Book 10943, Page 126, and recorded with Essex North District Registry of
Deeds as instrument # 18004 on September 11, 1991 . Also see Affidavit and Exhibits
recorded with said deeds as Instrument # 19097 on September 25, 1991 ,
The present holder of a mortgage upon the property is New Heritage Bank of 454
Essex Street, Lawrence, MA. The mortgage is dated September 30, 1991 and
recorded in Essex South Registry of Deeds; Book 10969, Page 517. The mortgagee
agrees to hold the mortgage subject to the covenants set forth above and agrees that
the covenants shall have the same status, force and effect as though executed and
recorded before the taking of the mortgage and further agrees that the mortgage shall
be subordinate to the above covenant. , spouse of the
undersigned applicant hereby agrees that such interest as I, we, may have in the
premises shall be subject to the provisions of this covenant and insofar as is
necessary releases all rights of tenancy by the dower of homestead and other interest
therein.
IN WITNESS WHEREOF we gave hereunto set our hands and seals this
13th day of February, 1992.
Liberty Hills 11 ealty Trust
Helene M. sen, 7rqstee
Owner
Spouse of Owner---_— -----r
Mortgage-,L
_ 64-
c tance by a Majority of the
Pla ing Board
COMMONWEALTH OF MASSACHUSETTS
Essex Ss February 20 — 1992
Then personally appeared before me the above named Helene Friesen as T�ustee
and acknowledged the foregoing instruments to be her — free act and deed.
Notary Public _
My Commission Expires: 2I -A']/7
COMMONWEALTH OF MASSACHUSETTS
Essex Ss February 20 1992
Then personally appeared before me the above named Edward T. Moore—as 'area,surer
and acknowledged the foregoing instruments to be his free act and deed.
Notary Public ,
My Commission Expires:
E
fi
COMMONWEALTH OF MASSACHUSETTS
Then personally appeared before me the above named 6EORGGENfl_ —
and acknowledged the foregoing instruments to be hi's free act and deed.
Nary Public
Myot commission Expires: 919I9
COMMONWEALTH OF MASSACHUSETTS
ss. 1992
Then personally appeared before me the above named
and acknowledged the foregoing instruments to be _ free act and deed.
Notary—Public -------------
My commission Expires:
t
i
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
by the Covenant dated February 13, 1992 and recorded in District Deeds, Book
Page has been completed/partially completed to the satisfaction
of the Planning Board to adequately serve the enumerated Lots 1 and Lot 8 as
shown on Plan entitled "Subdivision Plan of Land, Liberty Hills II in North
Andover• MA and Middleton, MA.; 9 Sheets; dated June 1980, and recorded by
the Essex South Registry of Deeds, Plan Book 266, Plan 47, and also the lots
numbered 1 and 9 on a Plan entitled "Plan of Land in Middleton, MA and North
Andover, MA drawn for Mortgage Acquisition Trust III, 74 Atlantic Avenue,
Marblehead, MA 1 =100' August, 1991 Merrimack Engineering Service's. 66
Park Street, Andover, MA 01810" recorded with Essex South District Registry of
Deeds in Plan Book 271 as Plan 25 and with Essex North District Registry of
Deeds as Plan 11963, 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))
Lot 1 - August 1991 Plan
Lot 9 - August 1991 Plan
b. (To be attested by a Registered Land Surveyor)
hereby certify that lot number(s) 1 and 9 on Laura Woodside Watkins Way do
conform to layout as shown on Definitive Plan entitled "Plan of Land in
Middleton, MA and North Andover, MA drawn for Mortgage Acquisition Trust 111,
74 Atlantic Avenue, Marblehead, MA 1"=100' August, 1991 Merrimack
Engineering Services, 66 Park Street, Andover, MA 01810" ram.,. -,
Essex South District Registry of Deeds in Plan Book 271 a PI„
Essex North District Registry of Deeds as Plan 11963, 3�� 'str'rif
/ f I 01
Regist red ar�d;VS
c, The Town of North Andover a municipal corporation situated in'the County of
Essex, Commonwealth of Massachusetts, acting by its duly organized Plwininq
Board, holder of a covenant dated February 12, 1992 recorded with the Essex
North District Deeds, Book , Page _ acknowledges
satisfaction of the terms thereof and hereby releases its right; title and interest ill
the lots designated on said plan as follows:
t
EXECUTED as a sealed instrument this day of 1992,
Majority of the
Planning Board ! L .
of the Town of
North Andover
C.OMIMONYVEALTH OP MASSACHUSETTS
SSA ss. /1 Cf2 _� 392
Then personally a p
P Y eared
PP �e _ f,W 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.
Notary Public /
My Commission Expires:
i
i
TOW, Fop NORTH ANDOV1=a, MASSACH; !f TTS i
DIVISION OF PUBLIC WORKS
304 OSGOOD STncrTr 01645 j
WItL(AM A. CYEI _ Ti:trPHoNt 687•J-784
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FAX.- (cos) s��•�•�ra]
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• �^,�4C NUSf4
TO;. Middleton Planning Board j
FROM: William A. Cyr, Interim Director
R': Laura Woodside Watkins Way
DATE: March lk, 1992
Please accept this letter as verification that the North
Andover Division Of Public Works and Planning Board is in reo—1 t
of a pass kook savings account in the amount of $7, 500 . 00 . :IhTs
amount is being held to insure the proper completion of the part of
road oituated in North Andover and entering Sharpners Pond Road.
All work to date is approved and the money being held is
sufficient to corer completion of all additional work.
� r
FORM L
REFERRAL, FORM
Preliminary Plan
Definitive Sibdivision
Special Permit
Site Plan Review
North Andover Massachusetts
—> s 19 �
Director, Public Works
Suptt/Highway, Utilities & Operations
Director of Engineering & Administration rv . :
Supervisor of Forestry & Ground
Fire Chief
Conservation Commission
Inspector of Buildings
Board of Health ,
Police Chief
Planning Board
A Public Hearing has been scheduled for 2?'v() p.m. on
to discuss these plans. {Preliminary plans do not need public hearing.}
May we have your comments and recommendations concerning these plans
no later than .
Thank you,
Clerk, Planning Office