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Home My WebLink About1999-12-28 Legal Document - Form I Covenant 2/4/2000 FORM I Y COVENANT ` Massachusetts KNOW'ALL MEN b these presents that a under igned has submitted an application dated G� , to the > > Pla nin Board for approval of a definitive plan of a subdivision of land entitled: ' pia by, � s � , dated:/, and ow ed by: address: — , land located: ✓� _ZY , and showing proposed lets. The u Kdersigned has requested the Planning Board to approve such plan without requiring a performance bond. IN CONSIDERATION of said Planning Board of ' in the county of approving said plan without requiring a performance bond, the undersigned as hereby covenants and agrees with the inhabitants of the follows: it 1. That the undersigned is the owner' in fee simple absolute of all the land included in the subdivi- sion and that there are no mortgages of record or otherwise on any of the land, except for those s of said mortgages have assented to this contract described below, and that the present holder prior to its execution by the undersigned. 'if there is nore than one owner, all must sign. "Applicant" may be an owner or his agent or representative, or his assigns, but the owner of record must sign the covenant. 2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma• nent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants. conditions, agreements, terms and provisions as specified in the following: a, The Application for Approval of Definitive Plan (Form C). b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this subdivision. ditions of approval specified therein, issued by the c. The certificate of approval and the con Planning Board, dated ---- d. The definitive plan as approved and as quAified by the certificate of approval. e. Other document(s) specifying construction.to be completed, namely: the mortgaged premises by foreclosure or otherwise However, a mortgagee who acquires title to and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, which prov, le-,that no lot be sold or conveyed or shall subject only to that portion of this covenant 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 certficate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released; and 5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant, of either the entire patcEt of land shown on the subdivision plan or of all lots not previously released by the Planning Board. Massacnusetts Federation of Planning and Appeals Boards 1972 (F3ewsed 1980. 1983. €988) 20.17 8. That the.undersigned agrees to record this covenant with the _ 1 se County Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board in the event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the definitive subdivision plan as approved. 7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three(3)years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G.L. 8, That this covenant shall be executed before endorsement of approval of the definitive plan by the Planning Board and shall take effect upon the endorsement of approval. 9. Upon final completion of the ca struction pf 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; and Massacnuserls Federation of Planning and Appeals Boards 1972 (Revised 1980. 1983. 19881 20.18 i %f+��I:�l O'er1 dated For title to the property see d ed from - �') recorded in 1 Registry of Deeds, Book Page , or registered in Land Registry as Document No. , and noted on certificate of title no. , In Registration Book , Page The present holder of a mortgage upon the property is of The mortgage is dated and recorded in Registry of Deeds, Book , Page , or registered in Land Registry as Document No. , and noted on certificate of title no. , in Registration Book , Page . The mortgagee agrees to hold the mortgage subject to the covenants set forth above and agrees that the covenants shall have the same 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 or homestead and other interests therein. IN WITNESS WHEREOF we have hereunto set our hands and seals this of 19 Owner Spouse of Owner Mortgage Acceptance by a Majority of the Planning Soars of One acknowledgement must be completed for each of the following: Planning Board representative Owner or owners Spouse of the owner Mortgagee COMMONWEALTH OF MASSACHUSETTS ss , 1 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. . Signature of notary PublIc My commission expires Massachuselts Fedeeatron of Planning and Appeals Soafds 1972 (Aevssed 1980. 1983. 19M) 20.19 _ 1,��' .�'! ri,�`,.tr t��+_•y�.a r.flr';a;l:��a�wr'��pp�� R �Y; i �?.. 1 r 'Jec ..yi.'. ,i' .4 { t.1 • _. 'i'.:..'' rrl2d� j2.' �'I�{,• �'�''a� tt•u°r� I:•.t'`• • , '�; t �:P ,,.y:, , i ..r1i1}/:rr41 ttr"'i• �� !li5h'"tlrr it { J+O r :,PT.: � r r `1 - ` � •� i' ,' e. r{ s',i 1.1 t i4� z� i11r.� J•Hn. f HlIJ+� , 4l�J�1y1'Zs `R:'a{�•$N t �1.. J.":. r•. c• f--r,ai .r}; , ' ' 4 : 'f� i2 � 2 t'Ji� i��24 t.f �` V:p+rr':..�• ' 41 illy i�+i.�'i�t �''•ri. .-..'.2 rr.:,2 rr{:� f.�_ Jr i. , ai lr t �t- � !n �' { r r •d•i: � Sir• r1 r • "I ,l '3+,,,1 i Ji :trJ.�. lY:? �,�', .$�1'Fx, a'lh4� i It �r� JH11 �r �. �,31':" rl'�' j,!' +. r <, .+ {r,� r�rl. {'.' �`•►• '' r''1 1N� .4 r �r �•r y F �� 1{f"ll 2� i. ;i,. 'r'<::;;. .. �' S t1 �: t sl:•� �t_I'tr �: ' •.ir�r�r tr:'Y��+J��',r�l.;�+.;li ff f,:S. ri}i'�{ ,rr.rle r •�•i rl' 'r: r'r tr � r t � �' • . ,S•r +r t• �' �. - I t t .4 s t: r , , + r ' ,. i Essex County__ ss 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. a Signature of Notary Public My commission expires COMMONWEALTH OF MASSACHUSETTS Essex Countv ss 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Signature of Notary Public My commission expires COMMONWEALTH OF MASSACHUSETTS ss , 19 Then personally appeared as the Applicant or his/its authorized agent and ac. nowledged the foregoing instrument to be his or her free act and deed and, the free act and deed of the Applicant, before me. Not Public My commission Expires : --