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HomeMy WebLinkAbout1993-01-19 Legal Documents DEF SUB J 1, 4185 5 Pr 28 7;lwpdata\smmM l700011convey-3.c&u CONVEYANCE OF EASEMENTS AND UTILITIES MARILYN S. E,LIAS and FELECIA S. ELIAS, as Trustees of Eight Meadows Realty Trust, of North Andover, Essex County, Massachusetts, u\d\t dated August 29, 1991, recorded with North �3 Essex Registry of Deeds at Book 3315, Page 277 ; 'for consideration paid, hereby grant, transfer and deliver unto the Town of North C14 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 f manholes, pipes, conduits, pumping facilities 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, m and to do all other acts incidental to the foregoing, N including the right to pass along and over the land for Fz the aforesaid purposes, in, through, and under the o whole of Saile Way as shown on a plan entitled "Great s..at Pond Estates, a Definitive Subdivision Plan in North Andover, Massachusetts, " prepared by DeFeo, Wait & { Associates, Inc. , dated October 7, 1971, last revised December 14, 1992 ("Plan") . Said Plan is incorporated RK 5 PG mm a 1 herein for a complete and detailed description of said Saile Way. B. The perpetual rights and easement to use, inspect, repair, replace, operate and forever maintain for stormwater drainage the following areas: 1. A Drainage Easement for a catch basin and siltation basin located on Lot 2, as shown on the Plan; 2 . A Drainage Easement for a retention/detention basin located on Lots 5 and 6, as shown on the Plan; and 3 , A Drainage Easement for a retention/detention basin located on Lot 3 , as shown on the Plan. C. The perpetual rights and easement to use, inspect, repair, replace, operate and forever maintain a sewer pump station and associated equipment to service the residential dwellings located or to be located on Saile Way. The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that 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 Marilyn S. Elias and Felecia S. Elias to Eight Meadows Realty Trust, dated August 19, 1991, and recorded in Essex North District Registry of Deeds, Book 3315, Page 277 . 2 lu 1 ,21 IN WITNESS WHEREOF we have hereunto set our hands and seals this Z day of Qr-to,9 Z 1994 . Marilyn Elias, as Trustee of Eight Meadows Realty Trust and not individually e ,c eleci Elias, as Trustee of Eight Meadows Realty Trust and not individually COMMONWEALTH OF MASSACHUSETTS SsX-X ,ss E, 1994 Then personally appeared the above named Marilyn S. Elias and Felecia S. Elias, and acknowledged the foregoing to be their free act and deed, before me. Not#rY Public My Commission Expires: NOTE: This conveyance is not effective until accepted by Town Meeting or the Board of Selectmen. 3 I:%wpdatAk=m123170W11aonvay3 x&u CONVEYANCE OF EASEMENTS AND UTILITIES 1 MARILYN S. ELIAS and FELECIA S. ELIAS, as Trustees of Eight Meadows Realty Trust, of North Andover, Essex County, Massachusetts, u\d\t dated August 29, 1991, recorded with North G� Essex Registry of Deeds at Book 3315, Page 277; for consideration paid, hereby grant, transfer and deliver unto the Town of North Cj 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, pumping facilities and other _ appurtenances, (2) pipes, conduits and their R, ff/25 E& 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, and under the whole of Saile Way as shown on a plan• entitled "Great cc' Pond Estates a Definitive Subdivision Plan in North Andover, Massachusetts, " prepared .by DeFeo, Wait & V. Associates, Inc. , dated October 7, 1971, last revised December 14, 1992 ("Plan") . Said Plan is incorporated . herein for a complete and detailed description of said Saile Way. B. The perpetual rights and easement to use, inspect, repair, replace, operate and forever maintain for i stormwater drainage the following areas: 1. A Drainage Easement for a catch basin and siltation basin located on Lot 2, as shown on the Plan; 2 . A Drainage Easement for a retention/detention basin located on Lots 5 and 6, as shown on the Plan; and 3 . A Drainage Easement for a retention/detention basin located on Lot 3, as shown on the Plan. C. The perpetual rights and easement to use, inspect, repair, replace, operate and forever maintain a sewer pump station and associated equipment to service the residential dwellings located or to be located on Sai'le Way. The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that it has good title to transfer the same, and that he will defend the same against claims of all persons. For grantorfs title see deed from Marilyn S. Elias and Felecia S. Elias to Eight Meadows Realty Trust, dated August 19, 1991, and recorded in Essex North District Registry of Deeds, Book 3315, Page 277. 2 PG 30 °tea K 4155 e IN WI TNESS WHEREOF we have hereunto set our hands and seals this /7.)V day of Ocfia,e�.e , 1994 . Marilyn Elias, as Trustee of Eight Meadows Realty Trust and not individually eleci • Elias, as Trustee of Eight Meadows Realty Trust and not individually COMMONWEALTH OF MASSACHUSETTS 3S X ,ss c�c r� �2 , 1994 Then personally appeared the above named Marilyn S. Elias and Felecia S. Elias, and acknowledged the foregoing to be their free act and deed, before me. No r, Public My Commission Expires: NOTE: This conveyance is not effective until accepted by Town Meeting or the Board of Selectmen. 3 r --VIC iZei i 'ham. 'i °. �,� ��•2, g �,� r�9 JAwp&u\smm\23170001\ca=,tat {� GRANT OF EASEMENT MARILYN S. ELIAS and FELECIA S. ELIAS, Trustees of Eight Meadows Realty Trust, for consideration paid of One ($1. 00 ) Dollar, hereby grant to the Inhabitants of the Town of North Andover, Essex County, Massachusetts, an easement to pass and repass on and over the way known as Saile Way and to use said Saile Way for all purposes for which streets and ways are commonly used in North Andover, Massachusetts. Saile Way is more particularly described on a plan of land entitled, "Great Pond Estates, A Definitive Subdivision Plan in North Andover, Mass. , " plan by DeFeo, Wait & Pare, Inc. , dated October 7 , 1991, last revised December 14 , 1992, which plan is recorded with the Essex North District Registry of Deeds as Plan No. 1 ), .$ S , reference is made to said plan for a more particular description of Saile Way. Grantor expressly reserves from the conveyance hereunder the fee interest of the land in Saile Way. Being the premises conveyed to the Grantor by deed recorded in said Registry Book 3315, Page 277 . I IN Ig7NESS WHEREOF, we have hereunto set our hands and seals this / day of October, 1994 . Marilyn S Elias, as Trustee of Eight Meadows Realty Trust and not individually c c:) Fe ec' S. , as Trustee of Eig Meadows Realty Trust and not individually w COMMONWEALTH OF MASSACHUSETTS F �'s x ss. October 4, 1994 Then personally appeared the above-named Marilyn S. Elias and Felecia S. Elias, and acknowledged the foregoing instrument to be their free act and deed, as Trustees as aforesaid, before me, Not ublic ' a My commission expires: 1 BK 4185 Ply 3 i 1;lwpd&talimm1231700011wkuuat GRANT OF EASEMENT MARILYN S. ELIAS and FELECIA S. ELIAS, Trustees of Eight Meadows Realty Trust, for consideration paid of One ($1. 00 ) Dollar, hereby grant to the Inhabitants of the Town of North Andover, Essex County, Massachusetts, an easement to pass and repass on and over the way known as Saile Way and to use said Saile Way for all purposes for which streets and ways are commonly used in North Andover, Massachusetts. Saile Way is more particularly described on a plan of land entitled, "Great Pond Estates, A Definitive Subdivision Plan in North Andover, Mass. , " plan by DeFeo, Wait & Pare, Inc. , dated October 7, 1991, last revised December 14, 1992 , which plan is recorded with the Essex North District Registry of Deeds as Plan No. j)SIS , reference is made to said plan for a more particular description of Saile Way. Grantor expressly reserves from the conveyance hereunder the fee interest of the land in Saile Way. (� Being the premises conveyed to the Grantor by deed recorded in said Registry Book 3315, Page 277 . IN WTNESS WHEREOF, we have hereunto set our hands and seals this Z�L ay of October, 1994. Marilyn S Ellas, as Trustee . of Eight Meadows Realty Trust ;' and not individually C� 4FeTec ' S. WowsRealty s Trustee of Eig Me Trust and not individually c COMMONWEALTH OF MASSACHUSETTS. f ss�x r� ss. October , 1994 Then personally appeared the above-named Marilyn S. Elias and Felecia S. Elias, and acknowledged the foregoing instrument to be their free act and deed, as Trustees as aforesaid, before me, (a45z, Nota0k Mublic My commission expires; RE S R 0' DS F D E 1- r Nort'icrn DisDict of Esc.- SS y - ! w � O\m;K & � y � ] / At.F 0 R- C 0 1 L 10 1:11 rNI K . . | ©2. � ! AT-i, -s T � . � .�// � } i . . - ` _ . . ............ ... .............--------- .......... f• FOR11 .1 LOT RELEASE The undersigned, being a niajorily of the Planning Board of the Town of North Andover. (Massachusetts. hereby eertifi, that: Da. The requirements for the consti-Liction of\vays and nnunicipal G services called for the Perfonnanee Bond or Surety and dated N/A 19 and/or by the Covenant dated October 17, 1994 and November 1. 1994 and recorded in District Deeds. Book 4185 Page 21. or registered in N/A Land RegistryDistrict as Doc ;rent No. NIA and noted on Certificate of Title No. N!A in Reeistrafion Book NIA .Paae Ni•A. has been completed to the satisfaction of the Plaiuiing Board to adequately serve the enumerated lots shown on Plan entitled "Great Pond Estates. a Definitive Subdivision Plan in \orth Andover, %MA".. Section N:A. Sheet N/A. Plan dated October 7. 1991. last revised December 14, 1992. recorded by the North Esser Registry of Deeds. Plan Boob 4567. Paae 310. Instrument ' 12515. or registered in said Land Reaistry of Deeds. Plan Book N A. Plan N A. and said lots are hereby released from the restriction as to sale and building specified thereon. Lots designated on said Plan as follows: Lots1. 2. 3. 4. 5. 6 Saile ZVay b. (to be attested by a Registered Land Surveyor) I hereby certify that Lots 41.2.3.4.5.6 on Saile XVa-• do confonn to layout as shown on Definitive Plan entitled "Great Pond Estates, a Definitive Subdivision Plan in \orth Andover. MA. Section N,`A Sheet\ A." Permanent monuments shall be in tailed prior to April 29, 1999. Registered Land Sun!eyor yl�rs•S � 2 i'L! 'Z { �lE?%IORANDU1\1 `7,9 U &l ,4-i /-?N D l/ r✓-Da v cc c. The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts, acing by its duly organized Planning Board, holder of a Performance Bond or Surety dated NIA , 19 , and/or Covenant dated October 17 and NovembEyr 1 , 19 9� from of the City/Town of No`rfh And ver Essex , County, Massachusetts recorded with the North Essex District Deeds, Book 4185 , Page N/A , or registered in Land Registry District as Document No . and noted on Certificate of Title No. N/A in Registration Bcok, NIA , Page N/A , acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows: Lots 1 arrd.. 2, Saile Way, North Andover, MA EXECUTED as a sealed instrument this ��� day of {�Illi 4 19'�ll Majority of the � y Planning Board of the Town of North Andover COMMONWEALTH OF MASSACRUSETTS ss AA L 19 Then personally appeared , 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. /Votary Publ-ic�U ???�urc -7.- My Commission Expires 2 of 2 i i FORM J LOT RELEASE The Undersigned, being a majority of the Plaruiing Beard of the Town of North Aiidover, E Massachusetts. hereby certify that: a. The requirements for the constrLiction of Avays and ruunicipal services called for the Performance Bond or Surety and dated NIA ,19 , and/or by the Covenant dated October 17, 1994 and November 1, 1994 and recorded in District Deeds, Book 4185 Page 2, or registered in N/A Land Registry District—as Document No, N/A and rioted on Certificate of Title No. N/A. in Registration Book N/A Page NIA: has been completed to the satisfaction of the Plaruiing Board to adegliately serge the enumerated lots shown on Plan entitled "Great Pond Estates. a Definitive Subdivision Plan in North Andover, NIA"., Section N/A, Sheet Nf A. Plan dated October 7._1991. last revised December 14. 1992. recorded by the North Essex Registry of Deeds. Plan Book 4567. Page 310. Instrurnznt 4 12515. or registered in said Laud Registry of Deeds. Plan Book N'A, Plan N-A. and said lots are herobv released from the restriction as to sale and building specified thereon. Lots designated on said Plan as follows: Lots1. 2. 3. 4. 5. 6 Saile Wav b. (to be attested by a Registered Land Surveyor) I hereby certify that Lots 41,2.3,4.5.6 on Saile 'Was do conform to lavout as shown on Definitive Plan entitled "Great Pond Estates, a Definitive Subdivision Plan in North Andover, MA. Section N/A Sheet N,A. Permanent monuments shall be in tallecl prior to April 29, 1999. Registered Land Surveyor y1��5 2�21 Z MEMORANDUM 1: i I 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 N/A , 19 , and/or Covenant dated October 17 and November , 19 4 From of the City/Town of NorTF nn over Essex , County, Massachusetts recorded with the North Essex District Deeds, Book 4185 r Page N/A , or registered in Land Registry District as Document No . and noted on Certificate of Title No. N/A in Registration Bcok, N/A Page N/A acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows: 3/y,Shµ�b % Lots 1 aTrd-.21 Saile Way, North Andover, MA EXECUTED as a sealed instrument this day of ;� �( t , 1gq Majority of the ?� Planning Board 4 of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS r y�x�, ss r , 19 Then personally appeared �• b S , 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. otary Pub,li'c�01# Z My Commission Expires / -, 2 of 2 FORM 9 J j RELEASE OF LOTS (Provision of Surety) The undersigned, being a majority of the Planning Board of the Town of North Andover , Massachusetts, hereby certify that in the opinion of the Planning Board sufficient surety has been provided to secure performance of the construction certain and the of municipal services required to serve 1e� i�nted in accordance with the provisions of the Covenant dated octobe n ' Essex south District Registry of November 1 _, 19 1 and recorded in j Deeds, Book 4185 , Page 21 , and/or registered in Registry District of the Land Court, as Document No. _ and noted on Certificate of Title No. Registration Book Page , said lots being shown on a plan entitled "Great Pond Estates a Definitive Plan of a Subdivision of Land North Andover,Mass. ," dated October 7 19 1. s recorded with said Registry of Deeds14x� ixR� tsxxXxxag�xx , "Plan No. 12515 , and/or registered in Planaid Reg; and sand lot5try Districtoarehe Land Court in Plan Book_________, ----hereby released from the restrictions as to building and sale specified in paragraph XV5of said Covenant. Lots designed on said plant and released hereunder: Lot 1 Executed as a sealed instrument this day of 19— r,. Majority of the Planning Board of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS ► � Essex ,55. 19 Then personally appeared , one of the above- named members of the Planning Board of the Town of Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me Notary Public My Commission Expires: IX-26 f TO: BUILDING INSPECTOR ROBERT NICETTA E-911 COORDINATOR RICHARD BOETTCHER FIRE CHIEF WIILIAM DOLAN FIRE INSPECTOR KENNY LONG HEALTH AGENT SANDY STARR POLICE DEPARTMENT FRED SOUCY TOWN PLANNER KATHLEEN COLWELL ENVIRONMENTAL INSPECTOR SUSAN FORD NATURAL RESOURCE PLANNER MICHAEL HOWARD ASSESSORS OFFICE CHRISTOPHER BOVA FROM: TIM WILLETT, TOWN ENGINEER, D.P.W. RE; STREET NUMBERS FOR SAILE WAY, OFF GREAT POND ROAD NEAR BRENTWOOD CIRCLE DATE: DECEMBER 9, 1996 E LOT 1 - 38 SAILE WAY LOT 2 = 62 SAILE WAY LOT 3 - 80 SAILE WAY LOT 4 = 700 GREAT POND ROAD LOT 5 - 65 SAILE WAY LOT 6 - 41 SAILE WAY SHALL BECOME 81 SAILE WAY WHEN ROAD BECOMES ACTIVE i r I Eight Meadows Realty Trust 700 Great Pond Road North Andover, MA 01845 :v ffi iVED North Andover Public Works Department APR 1 3 1999 384 Osgood St. North Andover, MA 01845 NUR-tt ANDoVER PLANNINGDEpAR-rMF-NT April 139 1999 Re: Great Pond Estates Dear Sirs: We are requesting partial releases for Lots 1 and 2 on Saile Way in Great Pond Estates from the Planning Board's Order of Conditions in order to transfer title since we have recently sold both lots. The closings are April 30 and May 20, respectively. In order to obtain the releases, the road needs to be certified as complete by your department. Please be informed that the road is complete (including the final coat of asphalt), all of the utilities have been installed, and the sewer lift station is complete and functional. The final "as built" plans have also been completed. We did not have to post a bond with the Planning Board to ensure the completion of the road- instead the town included a requirement in our Orders of Condition that the road needed to be certified as complete. Please let me know if you need any additional information. My phone number is 978-685- 2885. Thank you. Sincerely, Felecia S. Elias, Trustee and Marilyn S. Elias, Trustee cc: North Andover Planning Department • CIVIL CONSTRUCTION MANAGEMENT, INC. 8 Merrimac Road • P.O. Box 225 • Newton,N.H. 03858 (603)382-7650 April 29, 1999, Mr. James Rand,Jr. Director of Engineering Town of North Andover-DPW RE: Sai1e Way, Great Pond Estates Dear Mr. Rand: 1 hereby m certify that monuments for the road right of way and Lots if1, 2, 3, 4, 5, &6 for the above referenced project have been set and conform to layout as shown on Definitive Plan entitled"Great Pond Estates, a Definitive Subdivision Plan in North Andover, Ma". Sincerely, Francis M. DeCesare Registered Land Surveyor Schedule A Great Pond Estates--Bonding rt=s l. Sewer maint=rice: $ 2,000.00 2. Water main Maintenanee: $ 2,000.00 3. Storm drain maintenance; $ 2,000.00 4. Sidewalk fiord: $10,000.00 51 Street trees: $ 8,000,Da 6. As-built Plans; $ 2,0ftQ0 7. Legal documents: $ 3,000.00 8. Signs: $ 300.00 TOTAL., $29,300.00 GAENV1E M2.3MIlAQD21997.DOC 66, M MW sod 682 d3ANHS4IdW3AUd M 9+ TOWN OF NOR11-1 ANDOVER DIVISION OF PUBLIC.' WORKS '384 0SG00D STRE171' NOR711 ANDOVEI , MASS ACHUSETTS 0 l 845-2909 3, WILLIAM HMUR(JAK, DIRECTOR, P.L. 1?oberl K Beshara, Telephone (918) 685-0950 N-ix (978) 68S-957-3 4 June 19, 2002 Clay Mitchell North Andover Planning Department 27 Charles Street North Andover,MA 01845 Subject: Saile Way Release of Bonds Dear Mr. Mitchell, The Division of Public Works has no outstanding items that require withholding bond money. However, I would suggest that the Bond be held until such time as you get a letter from Tom Urbelis, Town Council certifying that all legal documents required for the transfer of ownership of the road, easements, open space parcels, and other related conveyances have been duty signed and recorded at the Registry of Deeds. If I may be of further assistance please call me. Very truly yours, Robert E. Beshara,P.E. Director of Engineering Cc: Ms. Marilyn S. Elias, Eight Meadows Realty Trust, 700 Great Pond Road,No. Andover, MA 01845 Attorney Thomas J. Urbelis, Urbelis&Fieldsteel,LLP, 155 Federal Street, Boston, MA 02110-1727 J William Hmurciak, P.E. Director DPW Tim Willett, Superintendent Water& Sewer 6-19-02 Release offinalitond Upon Sit-eel Acceptance Filing.doc Page 1 of 1 1 Mitchell, Clayton From: Beshara, Robert Sent: Wednesday, July 03, 2002 8:45 AM E I To: Mitchell, Clayton Cc: Willett, Tim Subject: RE: Can't we all just get along? Hi Clay, T believe the DPW has responded to the following projects: 1. Walnut Ridge Development Bond Reduction (Cricket Lane) 2. Keyes Way Bond Reduction 3. Bond Reduction Saville 4. Lot Release Delucia Way(3 Lots) 5, Wallace/Saville St-Definitive Subdivision We have no additional input at this time. Thanks, Bob -----Original Message----- From: Mitchell, Clayton Seat: Tuesday, July 02, 2002 10:59 AM To: Beshara, Robert Subject: Can't we all just get along? 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("dfico tClJai) (s0)J 78 1. � 3, 719102 C 6 BK 4185 PG 2 � I COVENANT Oro Adt day r,� o d� d �199 COVENANT made this /`J day of October, 1994,A pursuant to Massachusetts General Laws Chapter 41, Section 81-U, by and between (i) Marilyn S. Elias and Felecia S. Elias, as Trustees of Eight Meadows Realty Trust, u/d/t dated August 29 , 1994 , recorded with North Essex Deeds at Book 3315, Page 277 , and not individually (the "Applicant") and (ii) the Planning Board of the Cdt Town of North Andover (the "Planning Board") , on behalf of the Town of North Andover, Massachusetts (the "Town") . WHEREAS, the Applicant has submitted an application dated November 12 , 1992, to the Planning Board for approval of a Definitive Plan of a subdivision of land entitled "Great Pond Estates, A Definitive Subdivision Plan in North Andover, Mass. , " plan by: DeFeo, Wait & Pare, Inc. , dated: October 7 , 1991, last c ' revised December 14, 1992, ("Definitive Plan") and owned by Eight '' c Meadows Realty Trust, address: 700 Great Pond Road, North ¢. *7'. . „ Andover, Massachusetts, land located: on Great Pond Road, NorthZA Andover, Massachusetts, and showing 6 proposed lots. The =� Applicant has requested the Planning Board to approve such Definitive Plan without requiring a performance bond. 4 WHEREAS, the Planning Board, at its meeting on January 19, 1993 , approved the Definitive Plan, subject to certain conditions �s contained in a Certificate of Approval of even date and filed with the North Andover Town Clerk on February 2, 1993 ; and r /�"Ii�i���.Div � r- , ,•,a ' 1 P NOW, THEREFORE, in consideration of said Planning Board of North Andover in the county of Essex approving said plan without requiring a performance bond, the Applicant hereby covenants and agrees with the inhabitants of the Town as follows: 1. That the Applicant 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 holder of said mortgages has assented to this contract prior to its execution by the Applicant. 2 . That the Applicant will not sell or convey any lot in the subdivision or erect or place any new permanent building on any lot until the construction of the way as shown on the Definitive Plan and installation of municipal services necessary to adequately serve such lot have 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 January 19, 1993 . 2 i �. 4185�4!as a a, i a 1�� � PG d. The Definitive Plan as approved and as qualified by the Certificate of Approval. 3 . Before conveyance of any Lot shown on the Plan, other than by a mortgage deed or conveyance of all of the land subject to this Covenant, and before occupancy or construction of any new improvements on any of the land shown on the Definitive Plan, the Applicant shall execute and deliver to the Town and record a grant of easement over 4 areas shown on the Definitive Plan as (i) Drainage Easement for catch basin and siltation basin located on Lot 2 , (ii) Drainage Easement for detention/retention basin located on Lots 5 and 6, adjacent to Saile Way, (iii) Drainage Easement for detention/retention basin located on Lot 3 , and (iv) Sewer Easement for pump station located on Lot 4. 4 . That this covenant shall be binding upon the executors, administrators, devisees, heirs, successors and assigns of the Applicant and shall constitute a covenant running with the land included in the subdivision and shall operate as restrictions upon the land. 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 3 K 41 5 PG 21 conveyed or shall be built upon until ways and services have been provided to serve such lot. 5. 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. 6. 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. 7 . That the Applicant agrees to record this covenant with the North Essex 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. 8 . 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. 9 . That this covenant shall be executed before endorsement of approval of the Definitive Plan by the Planning 4 p j Board and shall take effect upon the endorsement of approval. 10. construction of ways and installation of municipal services as specified herein shall be completed within 2 years of the date of endorsement of the Definitive Plan or within 2 years of when municipal sewer service to the land included within the subdivision becomes available, whichever is later. Upon final completion of ways and installation of municipal services, 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 perfor- mance of this covenant with respect to any lot, the Planning Board may release such lot from this covenant by an appropriate instrument duly recorded. 11. 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 5 secure performance of the construction and instal.- n.3 lation. For title to the property, see deed from Marilyn S. Elias, dated August 29, 1994 , recorded in North Essex Registry of Deeds, Book 3315, Page 277 . WITNESS the execution hereof under seal as of the date first written above. PLANNING BOARD OF THE TOWN OF NORTH ANDOVER Marilyn S1 Elias, Trustee of Eight Meadows Realty ' / ` Trust and no in ividually �< � � 1 � Y iele_c6,-dSAlias, Trustee of. Eight Meadows Realty Trust and not individually COMMONWEALTH OF MASSACHUSETTS lSse)( , SS. QcraB /'� I/ 1994 Then personally appeared the above-named Marilyn S. Elias and Felecia S. Elias and acknowledged the foregoing instrument to be their free act and deed, before me, ,! Nobgr# Public My commission expires: 6 i 'y PR COMMONWEALTH OF MASSACHUSETTS Essex ss. IV. 1994 Then personally appeared the above-named one of the members of the North Andover Planning Board and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me, Notary Public My commission expires: 7 I i! Town of North Andover f µeRk S O� � CEOF COMMUNITY DEVELOPMENT AND SERVICES A x 146 Main Street " North Andover, Massachusetts 01845 �►q"° ,.o *��y j WILLIAM J. SCOT7 ssAcuuse Director RELEASE OF COVENANT The undersigned, being a majority of the Planning Board of North Andover, hereby certify that at a meeting of the Board held on September 17, 1996, the Board voted unanimously to confirm that a covenant ("covenant") dated March 15, 1984, recorded in Essex County Registry of Deeds at Book 1960, Page 335, is null. � and void and without effect and that the Covenantors' obligations {L are therefore released. The Covenant refers to a Definitive Subdivision Plan application dated July 17, 1984, which application was approved by the Planning Board on October 24, 1984 ("1984 Subdivision Approval") . No park of the improvements authorized by the 1984 Subdivision Approval were ever constructed. The 1984 Subdivision Approval is no longer in effect and has been superseded by a Definitive Subdivision Approval voted by the Planning Board on January 19, 1993 . N10 Signed as a sealed instrument this day of 1996. Majority of the G� ' 3 ! Planning Board (.{�lL � Af , of the Town of Q- 1 North Andover Z COMMONWEALTH OF MASSACHUSETTS 1' 1996 i•� Then personally appeared ``�" V. Yy�akoYZcq one of the above members of the Planning Board of the Town bf North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me. Notary P lic My Commission Expires Nlp CM&AM boo 24 o CM ;V � —a*mrn Rel of Cov W C7�C7�j J � cr, HOARD OF APPEALS 6M954I "BUILDING 698.9545 CONSERVATION 688-9530 HEALTH 6M9540 PLANNING 688-9535 f I i DECLARATION OF PROTECTIVE COVENANTS GREAT POND ESTATES SAILE WAY NORTH ANDOVER, MA The Declaration made on the date hercinafter set forth by: Marih•n S. Elias and Felecia S. Elias,Trustees of Eight Meadows Really Trust under a Declaration of Trust dated August 29, 1994 and recorded with the Essex North District Registry of Deeds in Book 3315 Page 277 (hereinafter referred to as the"Declarants"). WITNESSETH: Whereas llte Declarants arc owners of certain land in North Alidover, Essex County, Massachusetts being shown as: Lots I through G inclusive as shown on a plan entitled"Definitive Subdivision Plan in North Andover. MA of Great Pond Estates" dated October 7, 1991. prepared by Defeo, Wait, and Asso- ciates. Inc., which plan is recorded with Essex North District Rc&dstry of Deeds as Plan 12515 of �j w 1991 in Plan Book 4185, Page 21. (hereinafter referred to col[ectiveh as the"band" and the term"Lot" shall mean any lot shown on the above-referenced Plan). Now, therefore. the Declarants hereby declare for themselves and their successors and/.or assigns record title that all of the Lots are and shall be held, transferred, sold, inherited.conveyed,and occupied, subject to the following restrictions and conditions N�hich are for the purpose of protecting file valuc and desirability of the Land. A. Definitions "Benclilted Land" shall mean: The Land of the Declarants as dclitied above. "Owner" shall mean and refer to the record owner from time to time whether one or more persons or entities, of fee simple title to any Lot which is part of the Land. Owner shall not mean a Mortgagee of any Lot unless and until such Mortgagee has acquired title pursuant to foreclosure or anv proceeding in lieu of foreclosure or has taken possession of the Lot. � � of i , i Declaration of Protective Covenants, Great Pond Estates, Saile Way, North Andover, 1VIA page two i B. Architectural Control 1. No construction of any house shall be commenced on(lie Land or on any portion thereof until the plans and specifications showing the nature, kind, and shape, height,materials, and location of same shall be submitted to and approved in writing by the Declarants or their designee(s) as to the harmony of external design and location in relation to surrounding structures and topography. Such approval will not be unreasonably withheld. In the event that the Declarants,or their designee(s) fail(s)to approve or disapprove such design and location within.thirty(30)days after plans and specifications are submitted to them, approval will not be required. The right of approval reserved to the Declarants, or their designees, shall expire on January 1, 2010. Until such time as a notice to the contrary is recorded with the Essex North District Registry of Deeds, the address of the Declarants for all purposes is Eight Meadows Realty Trust,c/o Marilyn S, Elias,4 Saile Way, North Andover, MA 01845 (978)685-2885. 2. Notwithstanding any provision of the North Andover Bylaw as most recently amended, no structure other than a single-family dwelling of not less than 4500 square feet shall be permitted without the expressed written approval of the Declarant. 3, The following uses are not permitted, except with prior written approval of the Declarants or Declarants' designee; a. There shall be no permanently installed or temporary clothesline which is visible from the street or unscreened from abutting lots b.. There shall be no outside parking or storage of. trailers, boats, recreation vehicles, trucks having a gross vehicle weight in excess of 6,000 pounds, or unregistered motor vehicles which are visible from the street or unscreened from abutting lots c. There shall be no outside antennae, aerials, satellite dishes, television cameras, or other devices for the transmission or reception of electro-magnetic signals if any of the same are visible from the street or unscreend from abutting lots, except for television antennae less than ten feet in height. d. There shall be no external fuel tanks or fuel storage devices e. There shall be no trash containers or enclosures which are visible from the street, with the exception of movable containers at the end of the driveways on the day each week upon which the town of North Andover collects the residents' trash f. No yard sales or garage sales may be held at any time, No items for sale such as handcrafts, cars, etc can be displayed for viewing from the street at any time g. No animals, livestock,or pultry of any kind shall be raised,bred,or kept on any lot, except that dogs, cats, horses,or other pets may be kept, provided that they are not kept,bred, or maintained for any commercial purposes,or in any number or condition that may be deemed offensive to the Declarants or abutting lot owners. Declaration of Protective Covenants, Great Pond Estates, Saile Way, North Andover, MA page three g, No noxious or offensive activity, nor any use which shall cause any offensive odor or loud noise, as determined by file Declarants,shall be carried on upon ' any lot nor shall anything be done thereon which may become an annoyance or nuisance to(lie neighborhood. 11, No trailer, tent, mobile home or shack shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. i '['here shall be no use of vinyl and/or aluminum siding,on the exterior of residences or accessory buildings j. Above-ground swinirning pools will not be perinitted oil any lot. 4. Each owner of each lot will be lield responsible for immediate repair of any damage done to roadua%. "Sails Way-" Juring constructioit of(hrir residences or accessory buildings. until such time as the road is accepted by the Town of North Andover and becomes a public roadway. i,Each owner of cacti lot wIII Nx held responsible for adlicrence to North Andover's and Massachusetts' Wetlands Protection Bylaws, 6. The requirements set forti herein are in addition to and not in licit of any and all permits, licenses. and approvals required by any and all governmental agencies. 7. The land shall not be further subdivided so as to create any additional building lots-. provided. lioivevcr, the Declarants resen,c the right to subdivide or reconfigure Lot G and to add the maxinium of one additional building lot to the subdivision until such time that Lot 6 and possible Lot 7 had been purchased by new Owners. C, Temporary Maiitcnance of Sails Way and Puni ing, S(atioii; Each Owner of each Lot by acceptance of a dced therefor, whether or no( it shall be so expressed in any such deed or other convcvance, shall be deeiued to covenant and agree to pay its pro rata share(which skull be equal to I/btit, unless Lot b is subdivided, in which case cacti Om ner's share shall equal a fraction, the numerator of which is one and the denominator of w tiich is the total number of Lots compromising the Land)of(he costs (o(1) nnaiitain tie e�isting punip station on Lot 4 until such time as the pump station is accepted by the town of North Andover , (2) maintain (lie retention ponds(hat have been created In connection with the subdivision road known as Saile Way, and(3)reniove the snow and ice from and to place salt and sand(when necessary)oil (lie subdivision road known as"Saile Way' until such tinge as (he road is accepted by the town of North Andover and becomes a public road. The nature, extent,cost, and tinic X\hen any stork. activities or obligations con(emplaled by this Declaration to be performed or undertaken in connection with the pinup station or Saile Wile shall be determined by the tote of tte a%tiers of a majority of the Lots, each Lot having one vote(or the Declarants). Said majority (die Doclarant) may determine an annual or other lxriodic budget estimating the costs for tte period.and in addition, as frequently as niay lie, may determine specific work and the estimated or actual costs i Declaration of Protective Covenants, Great Pond Estates, Saile Way, North Andover, MA page four i thereof. Within thirty(30 )days after dispatch to each Owner of each Lot by certified or registered mail, postage prepaid,of a notice of the estimated or actual amount of such costs,each Owner shall pay its ' share thereof to the person designated in the Notice. The failure of any Owner to so pay shall create a lien and charge against its Lot which may be enforced at law and in equity by any one or more of the Owners of the Lots,provided that no action to so enforce shall be taken unless joined in by the owners of the majority of the Lots. D, Enforcement, Modification, or Termination: The right to enforce these restrictions is personal to the Declarants,but shall inure to the benefit of any successor in interest to any part of the benefitted Land, if,and only if,the Declarants specifically convey the right to enforce these restrictions to such successors in the deed conveying the part of the Benefitted Land in question or in a subsequently recorded instrument. So long as any'of Elie Declarants own any of (lie Benclittcd Land, any or all of the foregoing provisions may be modified, waived, altered,or removed by an instrument signed by the Declarants, upon recording;with Esse.x North District Registry of Deeds of said instrument. If any of the Declarants no longer own any Benefitted Land,and has not conveyed of record the right to enforce the restrictions, the restrictions will terminate and become unenforceable. If any of the Declarants no longer own Benefitted Land, but has conveyed of record the right to enforce the restrictions,any or all of the forcg;oing provisions may be modified, waived,altered, or removed by an instrument, provided that said instrument is signed by all of(lie parties entitled to enforce the restrictions, E. Reference to Covenants: The Grantee(s) of arty lot(s). and their successors shall cause to have reference made to these Protective Covenants in any subsequent deed or conveyance instrument. Any failure to do so shall not impair the continued applicability of these restrictions. F.. Severability: Invalidation of anyone of these covenants by judgment or court order shall in no way affect any provisions which shall rt amain in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and seal day of/? 1991 comm. of Mass. Essex, Feb 5, 1999 Marilyn S. lias,Trust Then personally appeared the above Eight Meadows Realty Trust and acknowledged it to be their free f act and deed, before me Wit S. Elias, Tru Eight Meadows Real Trust r ' E s � i ESSEX NORTH REG�TRY OF DEEDS REGISTER OF O£'6E?