HomeMy WebLinkAbout1976-10-22 Legal Documents DEF SUB SUBDIVISION CONTROL ACREEMENT SECURING THE r
CON TRtJC�ION OE WAYS AND MUNICIPAL SERVICES
A'greement'Jmade= this 7 day of 1977 , by and
belmeen Landsailp Ins:, hereinafter referred to as the
"Applicant'.'; Andover Savings }dank, hereinafter referred to as the
t
'`TaF6nder11 And the Town of North Andover, acting through its
' Pla Lng Board, hereinafter referred to as the "Board", v3 z o
Whereas.,,, pursuant to the provisions of the Massachusetts
Subd.ivisign Control, Law and 'the Board's Rules and Regulations �
adopted thereunder, the Board has approved a. definitive Man
entitled,' IlDefinitive. Pan of Land of 'Great Pond Woodland Located '
i.n..North' Andover,' Massachusetts" dated August 23v 1976, Fr nk w4
Geli-pas Associates ,' and recorded in the North Essex Registry of
Deeds as Plan No, (Pa �
r
The Applicant, and the Board- have agreed upon condit_ans
of approval, which conditions- have been inscribed on said ;
Plan' No 4
�� � recorded 3.ra said Registry- of Deeds, which
conditions are as. follows
1. -What the ' record omers of the subject land fortliith �
execute.-and record a covenant running with the lane or
otherwise provide security for the construction of ways
' and the ^ -
installation of municipal services buidlj_ng,1 within I
CORISH& VINCENT
1721 k11GHLlIH6 AV& said subdivision.-
.
INURVILLE;, MASS. 02144 1
' RESTRICTIVE COVENANT'S
„ This instrument is intended as. a restrictive covenant on
certain land owned by Landsai.l., Inc A , a Massachusetts corpora-
tion having a usual place of business in Boston, and sh6wh as
Lv . .l and 3r�w-34 Bridle path,'and Timber Lane inclusive, . North
Andover, Essex County, Massachusetts on a definitive plan
" m itrled$ "Definitive Flan of Land of Great pored Woodland
Located in North Andover, Massachusetts" dated .August 23, 1976,
Frank' CQ• Gel.i.nas ;Associates, and recorded I' the I�rs h. Essex �
R(�gistry} of. Deeds 'as Plan No.7,Vq? n application filed ; taguat
24,' .1,976 hearing; held September 21, 1976',- pl an approved Odtober
. 19 p 1976 .under the Subdivision Control. Law as a;:.subdivision by:
the.'North Andover. Planning Board subject, to the following IDS.
conditions. .
l That the record omens, of the subject Land forthwith
-execute and record a covenant , running with the. land: or '
".othenii.se ,ptovide' security for the construction of gays
and tt-a�.;,ins�allat�on :of municipal se�ices building within
said. subdivIsion.
2 p' All improvements and design- standards 'shall, meet~ the '
reeeeai rement;s-,®f, the a:ules and regulations governing the
subdivision 'of land in. the Tmwn of North Andover . in
effect on' the signing ,,-of-- said plan,
3 . Each lot shaft -ddquixe individual dispoeal, sys tem �.
f•
ORiSH & VINCENT -�
4?I HIGHLANP "E.
)MERVILLE, MASS. 02144
Permitq su.b ect to the Board of HeaZth 'Rul ',.s and Regulatlons�
Sa gnd " TOWN OF NORN�ANDOVER tr
PLANKING BOARDS
By -� ' A�a
Chairni
COMMONWEALTH OF MASSACHUSETTS �
ESSe?(9
Then personally appeared before me`�
and acknowledged the foregoing instrument to be "ne fre6 act'
deed of ;the Planning Board-9 Town of. North Andover.. �a.
A f/,/�` ill,y/ i�F- '•
Notary PnbTic
MY GOmmission
The above restrictions ave acce ted as a .,.-1
n pP y
l and 3-34 Bridle Path and Timber Lane inclusive
�ibove refexenced' Plan No � j W� '
L.ANDSA INC Q ';
-. -- ,{.
Executive Vice Pre * dent a
COMMONWEALTH OF MASSACHUSETTS.
Essex9
" • / a 1977�
'then personally appeared John Co Tuttle, Jr. ,' Executive
Vice Pres dent, and acknowledged the foregoing to be the free �
act and d6ed' of Landsail, Inc. , before me,
No t 'ry Prui� i c
My C, mmission expires;,../d 7/s/ i
-A
�H & VINCENr
�KAND AVE,
r4AS$. 02144
I
RELEASE
=` Ti-ie- North Andover Panning Board hereby releases Lots 1
and 3-34 Bridle Path and Timber 'sane inclusive' from restrictions
1 and 2, as shown on the definitive plan entitled, "Definitive
Flan oil Land of Create Pond Woodland Located in North Andover,
Massa�has�tsi1 d�t�d August�23, 197�, lFranlc C. Celins Associates,
p. and recorded in the Essex North District Registry of Deeds as
Plan No and outlined in . the Restrictive Covenant
Agreement of even date recorded herewith. Rest'"cti.on 3
regarding said Lots I and 3�34 Bridle Path and Timber Lane
inclusi.ve will remain in effect,
TOWN OF NORTH ANDOVER
PLANNING BOARD
Signed
By
Chairman
COMMOWEALTB. OF MASSACHUSETTS 1
ES s eX, 4 4 17 .
Then pe�rsonally appeared before me
Z-
i
arid : acknowlddged"`the' foregoing instrument to be the free, act
and deed:of the," -Planning Board Town of North' Andoverq,
9 ;.
Notary Public Qa':
My Commission exep .
.0915H&1ANCEh1T i 3
4$1 HIGHLAND AVE.
sgrUKVFLLF._QA5S. 02144 Recordcd`.Jarja �F�1977 at 4:49P f 597 ` k
,:; �-S y. ... c'',� .. rsF,;,� ....� �� s do+. 777-
:'.Il '.F Yf z j Yr.:ki• 1.%1-t
ST
SUBDIVISION CONTROL AGREEMENT SECURING THE
CONSTRU&ICN OF WAYS AND 10ACIPAL SERVICES
Agreement•made this ?c�k' day of "9779 by and
-be,pween Landsail , Inc. , hereinafter referred to as the
"Applicant'.'-, Andover Savings'. Bank' hereinafter referred to as the :
E°po nde 'off �d E:I-ie `own of North Andover, acting through its .
' Planu$mg Board,, hereinafter referred to as the "mard"2 viz :
Whereas.,. pursuant to the provisions of the Massachusetts
Subdivisi n Control. Law and' 'the Board' s Rules and Regulations
' � E .
adopted hereunder9 the Board has approved a definitive Plan . .
entitled.' Definitive- Plan of Land of_ Great Pond Woodland Located �
n."North Andover' s t t "1c
r Ma sachusetts dated August 23, 1976 n, Frank tip
Geli.nas .Assogiates, and recorded in the- North Essex Registry of
Deeds as Plan No.
The Applicant- and the Board have agreed upon' conditions j
of approval,' which' condition's`have been Inscribed on said
Plan No., � ' r~ecoreded in' said Registry" of Deeds
conditions , arL a as . follolws o ''
I, r That the ' recor d ovmers of the su"b 7 ec t land forthwith €
1
execute ,-and record a. covenant running with the land or E
otherwise provide security for the construction of ways
and the installation of"munici.pal services buidlin�! within
CORISH & VINCENT
�zt }11G11LRN0 AVE. , said subdivision.-
t.
OIRRVILLR, MASS. OZ144 {
{
2 a All improvements and design standards shall. meet "the
requiremcnts of the rules and regulations governing the
subdivision�:of- land in- the Town of North Andover in effect €
on the signing of these plans ,
I
3, Each lot '-shall require individual disposal system
permits subject to the Board of Health- Rules and Regina- �.
Mons of 1974'
Whereas, the Applicant has granted to the Lender a Mortgage ]
datedAy1977'p recorded in 'said Deeds in 'Book
Page covering Lots 3-34- Bridle PaCh and
Timber Lane n6lusiveq North Andover, Essex County, Massachusetts,
3 as •shown on- said plan 'as security'. for the pa ent "of a certain � .
Ym
note . .ih the principal sum of $345 000.00° and
t Whereas,, 0.0 ;Lender has withheld $1809000e00 of said �
{ principal sum to ' be disbursed to the A licai�t as '
if pP and when
'Mun.ic�pal, service.6'.1shal.l have been installed and ways
donstructed pur.>p.ant to said plane said Rules and Regulations t
and,..Restrict_id' Agreement, ,
Now; . therefiire, it is "understood and agreed that the
j • Leader. ,Shall,'reb-jin the sum of" $180,000,00 deemed by the Board
to bra sufficient,. releasing only such funds from time to time .
as approved by a vote of the Board as the municipal services and s
� x
sways shall. 'he deemed to have' been completed or partially,
i
4alH G L vI�icompleted- in accordance with its applicable rules and
�'21 HIGHLAND AVE.AYE. .,
F,J E tLLE. MASS. OP144 -
b2-
' regulations :
Services and Wars Amounts
From station 040 to 15,+j0
Road Construction $6`);7s>0,00
According, to Hj.94%gay Dopartment Regulations
Water Complete 19, 3r,-7a7"
Total. u' fp07?o;r�
Balanoe to Oomplote 90; q22'o24
: Total 180, 00 o Oa
t is also understood that funds for the eboti^ sers.ices
and ways are, to be a.dvariced by the Andover �,a,v-�_n.�^ �^�L`F only
through written authorization' of t).-.xo North-, Andover 'I'Ia.nriing
Board
It i,s :f'urthor •uride;rs toad and agreed that, {a,1.1 of the
aboVa - 8erVico,3 sand ways shall. be oomplo tod no
7/1/80 uhless the da.to he 'oxtr•) dF,d by wr:itton a;:a,r;ndrriPni:
by mutual: a{.if Bement- of the parties thereto.
Trt the, event the wore is not Completed within' the .
tinzo sat forth or. a;s nxi;erzde d, said f'unr s as' .rE,ta _rzkl, 'sad
thb l,e;ndor shall bo zrz-.We a.vall.abl e to the, Board''_I_or aozn,lc� tic;f,.
of 'the work, and t1i0, Applicant -,hall be doomed to i7a.vo a_uthoz
i a'ed the re lease of said fiindi� for said pi)��poijel, a?id to have
rel,incliaished all claim to said funds .
The obli ;at:ions 'oC the pari:,ies ize re7�x�c3.c.r axye uo be
. 3—
Corish &. Vinoent
421 Highland Ave.
Somerville, I-lass. 0214 :
„construed consistent with the subdivision control law, - and no �
rights granted thereunder are waived° �
Executed as a sewed agreements on the date first move
w ' itteno
TOWn of North Andover 1
Planning Board
acting ��a�. the ToVM of, North Andover° 1
' Andover Savants panic
B
Applicant (�
Landsa A Inc. 1
r ,xecut_ive Vase F,esiderit: �.
COMKON ALTH OF MASSACHUSETTS. �
Essex, ss '
Then e 'sona 11 a eared John Co Tut t ,fir°F Y i?F 1, Exegmt-ive
Vice Resident, and. acknowledged the foregoing ins tr aa���. ��J.��'. : l
the.. free act and deed of Landsail, Inc ° , before me.,, t
Notary Pu i.c
My commission exg�Tles:# �� .✓, �
CQRISH& MCENT .
421 HIGHLAND AVE.
m
tUMVILLH, MASS. 02144 �
CONRUN EALTH OIL MASSACHUSETTS
Esssxs as . 7�c �• n 1977 i
Then personally appeared
r
and acknowledged the foregoing instrumer It to be
and deed of the North Andover Planning Board before.,wt�,
:. otary Pubic ,-
... W My 100mmission expire ' f' �
COINONWEALTH OF MASSACHUSETTS
eT-
o
1977T��en p roonally appeared � ,and ackn.ow edged the foiegoing instrum � e:tie free act=.,and ;
deed' of.AndoverR Savings Bank, before me.
1 Notary Public
My Cammmis s on expo x'e
5
CORISH & VINCENT
421 111OHLAND AVE.
)MVWILLE, MASS, 02144 "
1 '
rMv
4 i)�% f
.ter� �� •;�`. f.,��,.-�";��'v"���,.„.M.,�.
(Page I of 2)
r
FORM I
COVENANT
Know all men by these presents that whereas the undersigned
has submitted an application dated August 23 , 19 4 to the
North Andover Planning -oard for approval of a definitive plan of
a certain subdivision entitled GREAT POND WOODLAND
and dated August -23 _ , 1� 76, and has requested the Board to approve
such plan without r(�ouiring a performance bond ,
NOW TKERB.00RE, THIS AGREEMENT WITNESSETH that in consideration
of the - North 'Andover Planning Board approving said plan without
requiring a perfoxrasca bond , and in consideration of one dollar in
hand paid , receipt whereof is hereby acknowledged , the undersigned
covenants and agrees with the Town of North Andover as follows :
1 . The undersigned will not sell any 'lot in the subdivision or
erect or place anI,y permanent building on any such lot until the
construction of ways and municipal services necessary to serve
adequately such lot 'has been completed in the manner specified
in the aforesaid application, and in accordance with the
covenants , conditions, agreements, terms and provisions thereof.
2. This agreement shall be binding upon the executors , admini-
strators, devisees, heirs, successors and assigns of. the
undersigned .
It is the intention of the undersigned and it is hereby under-
stood and agreed that this contract shall constitute a
covenant running with the land included in the aforesaid sub-
division and shall operate as restrictions upon said land .
It is understood and agreed that lots within the subdivision
shall , respectively, be released from the foregoing conditions
upon the recording of a certificate of performance executed ' by
a ma.lorit,y of said Planning Board and enumerating the specific
lots to he so released! all as provided by Section 81-U, G.L. c. 41.
�. The undersigned represents and covenants that undersigned is the �
owner* in f-ee simple of all the land included in the aforesaid
subdivision and that there are no mortgages of record or other-
wise on any of said land , except such as are described below'
and subordinated to this contract , and 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.
(Wage 2 of 2)
FORM I
IN WITN9SS w!jFRv0? the undersigned, applicant as aforesaid ,
does hereunto set his hFind -and seal this THIRD day of DEC_, 19 ZS-�
! �
Received hY T�'rf Applicant-9 signature G
ti.��' Applicant s address
ra, 4 r Landsails, Inc.
Date ,_t`:} �: ih 6x k9
>':� - •�1 382 Commonwealth Ave ---- Apt. 64
on
^` ` -� Owner' s ress if not
mime `�: �. � 1.;�`{.is�,,� �� signatureL���s��id
'u ,Lr4{� :,1 the applicant
382 Commonwealth Avg-_- Apt.
Signature
c Boston MA 0221.5
Description of :4ortgages :
ARTHUR SIMONS (Mortgage) , dated July 22 1976 BookPa -2---
Give comp ete names and Reg�,stry of Deeds reference .
Asset of Mori agees :
AL
I
I i
i
COMMONWEAUH OF MASSAMSRTTS
i , 19
ss
E
Then perona � Y appeared the above named
i and acknowledged the' foregoing instrument to be
i
free got and deed , before me .
Notary Public
My commission expired %___
FORM 'D
nrSGNRr S C ' l'S '1^ATE
April 5 ,19_76
To The Planning Board of the Town of North Andover :
In preparing the plan entitled Great Pond Woodland
I hereby certify that the above named plan and accompanying
Mato, is true and correct to the accuracy required by the
current Rules and ' Regul,-.,'Clons Governing the Subdivision of
Land in North Andover, - ;Massachusetts , and my source of
information about the location of boundaries shown on said
plan were one or more of the following :
1 . been from John A 1 to Hogen
dated and recorded in the;_
Northern Essex ReT�istry in Book , patEe41..3_-
2. Other plans , as follo;'rs
NERD Plan 4 2849 2850 & 2496 , Deed 815-2.23 (Sarah _T,__Priver
to C. S. .& C.. -R. Yeutter) dated June 22 , _1955 _T
3 . Oral information furnished by
4. Actual measurement on the ground from a starting point
established. by Stone walls at Winter Street and Great
jPond Road
5. Other sources
i.;ned ,
(Registered Professional En ,ineer
( Seal of Eng9neer or Registered Land Surveyor)
or 5urve ) F. C. Gelid
F��,,+•nI�l,}.QE r�T� .:-''':� 451 Andover Street
r y ^ c
„, •i\��.. --^` `i�.�i��,� V�i�.`` i`�'`, ;\�+• No
.1.[L1.1L_C7-l.I�_' s 4-.J
i•j+ltie'v�:�+�� r�'�'t tti.vI.iVV`f��
i
rOR1 T
T) GNT,,R t S C F R T 1 11 RATE
April 5 ,ig _76_
To The PI inning Board of the `poi%m of North Andover:
In preparing the plan entitled WGreat 'Pond�Woodland
1 hereby certify that the above named plan and accompanying
data is true and correct to the accuracy required by the
current Rules and Regultt.'Cions Governing the Subdivision of
Land In North Andover, - iassachusetts, and my source of
information about the location of boundaries shown on said
plan were one or more of the following :
1 . Deed from John ApplatQn to _Dan; r-1_ E__—Jr_&G;Ls-e�B. Hoger
dated and recorded in the_
Northern Essex Registry in Book 793paoe419_•
?. Other plans , as follows �_ ---- -
NERD Plan 4 2849 2850 & 2495,^ Deed 815-223 (Sarah T -priver
to C. S. & C. R. Yeutter) dated June 22 , 1955
3 . Oral information furnished by
4. Actual measurement on the ground from a starting point
established by Stone walls at Winter Street- and Grew --
, Pond Road
5. Other sources
(Registered Profess5.onal EnZineer
( Seal o.f 1Pngineer or Registered Land Surveyor)
or Surve Qr) F. C. Gejjjnas ---
x "•,•`a 45f Andover Street
_� ,i,�, !,� �v},��-_�.,; • , _ No.
�_ Q-Ia45
,�t' itf . '11,�� +�/,•�• E•�,nA��( �f: A[It3'F't;ti3l3
f;'.; r; mans
.... ..... ... ........ _
i
ILI
f �
n � 1
• w
GoY+c�t yv+ 'FRS �
FORK L
R1WE RAL FORM
subdivisions Gjj".SIT POND 1d00-1)LAIqhAjUU%W/Definitive Plans
Applicants Loy doail i Ino.
North Andover, Massachusetts
August 27 199 76
Highway Surveyor 8/27=76
sir M
Supt. of Public Works P1
Conservation Commission 1°
Building Inspector 4°
Fire Chief 14
Police Chief ✓ L
Tree Warden
Subdivision Control Subcommittee °B
The attached :pf efinitive plane were submitted to the Planning
Board on _. AuLL st; 2A a 1276 •
'A public hearing has been scheduled for 7a30 P.M. on Sept- 27o 1976
to discuss these plans.
May we have your comments and recommendations concerning this subdivision
by no later than SOL. 21, 276 Please return this
Plan form with your comments and recommendations.
Thank you,
Ga
Clerk, PLANNING BOARD
FORM L '
'...: «.� ': i i:: i .::F,.. t S+ :J Y1 y7trw7i'.4t LS �,'.:;..,..,st.,\::,.► IIAI.t FORH
Preliminary/Definitive Plans
North And6v6rj Missachusetts
Highway Surveyor
Supt. of Public Works
Conservation Commission
Building Inspector
Fire Chief
Police Chief
ri
Tree Warden
Subdivision 'dontr61..'3t OMM—T ee'r.:`:
The attached' prel definitive plans were submitted to the Planning
Board on ,
A public hearing has been scheduled for P.M. on
to discuss these plans.
may we have your comments and� recocmmendations concerning this subdivision
by no later than Please return this
form with your comments and recommendations.
Thank youe
Clerkt PLANNING BOARD