HomeMy WebLinkAbout1986-01-06 Legal Documents DEF SUB I ' FORM I
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COVENANT '
December 22 , 1986
North Andover MA
KNOW ALL MEN by these presents that the undersigned has
submitted an application dated .Oct. 10, 1985, to the Town of North Andover
Planning Board for approval of a Definitive Plan of a subdivision
of land entitled: Definitive Subdivision Plan of Deerfield ,
plan by: Christiansen Engineering Inc
dated by: October 3. 1985 r owned by: a n en Reiss an ,John and
address: Welcome Inn RFD #2 Box 158 West P1 mouth NY02364- and 559 Johnson Street
land located : on the Westerly side of Johnson Street, North Andover, MA North Ancovers
and showing 13 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 Town 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 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 erector 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 January 6, 1986
Page 1 of 4
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d . The Del. iitive Plan as approved an gas qualified by
Certificate of Approval .
e . Other document (s ) specifying construction to be
completed , namely, Conservation Commission
Order of Conditions , dateJune 18, 1986
DEB _File No. 242-348
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
c- 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 NnrLh_Rssex 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.
Page 2 of 4
9. Upon final cc, yl.etion of the constructer of ways and
installation VL municipal services as spc..:lfied herein ,
on or before December 22 , 1988 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 latex 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 . This covenant shall expire on the above
referenced date of December 22 , 1988 .
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.
John J. & Madelina Calzetta
For title to the property, see2deedsf.rom and from Paul A. & Ellen J. Kiss
dated 19 2 6 , recorded in
North Essex Regi�s-tiy o eeds , Book ,
iPage, , and
`1t�g t r �a s-Been men t-N and-met-ed-on cart i €-i ca-t-e-
_ rn-Be Page
herewith
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 Hook , 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 .
N/A spouse of the
undersigned applicant hereby agrees that such interest as 1 ,
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.
Page 3 of 4
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IN WITNE§S WHEREOke we have hereunto set our ,rands and seals
this n of 19616TRUST
XO/��
�
ohn F, Trustee
Acceptance by a M jority
of the Plannin and of
Nd
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COMMONWEALTH OF MASSACHUSETTS
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Essex, SS December 23 , 1906
Then personally appeared the above named Michael P. Roberts
and acknowledges the foregoing instrument to be his free act and
deed before me.
Notary Public
My commission expires:
00MI CNWEALTH OF MASSACHUSETTS
rzsex, SS. December 22, 1986
Then personally appeared the above named John F. McGarry, Trustee of
ZMC Trust, and acknowledges the foregoing instrument to be his free act and
deed before me.
Notary Public
My ccmnission expires:
Page 4 of 4
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FORM U - LOT RELEASE FORM
• y
STRUCTIONS: This form is used to verify that all necessary
approvals/permits from Boards and Departments having jurisdiction
have been obtained. This does not relieve the applicant and/or
landowner from compliance with any applicable local or state law,
regulations or requirements.
E
****************Applicant fills out this section*****************
APPLICANT: ) 01
Phone Q
IACATIDN: A essor' s ap Number Parcel
1
Subdivision Lot(s)
Street ffn r t St. Number
Use
RECOM ENDATIONS OF TOWN AGENTS:
Date Approved
Conservation Administrator Date Rejected
Comments
Date Approved
Town Planner Data Rejected
Comments
Date Approved
Health Agent Date Rejected
Comments
Public Works - sewer/water Connections
- driveway permit rJ
Fire Department tf ` Z
Received by Building Inspector Date
AN xi
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TO OF N 0RHH ANDOVEn, MASSAC HUSETTSDIVISION OF. PUBLIC, WORKS
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r>,, t::r;r Cr " Fax(E 083 88-9573 E
( aF✓v; n���
February 12, 1997
Mr. Joseph V, Mahoney, Chairman ` ; 1+,� ! 4''
planning Board
146 Main Street ' r
North Andover, Ma 01845 1 .'
Re; Deerfield Subdivision-Holly Ridge Rd,
Dear Mr. Mahoney;
A performance agreement was executed between the Town of North Andover, ;
ZMC Trust, John McGarry Trustee and the Andover ,Saugus Bank on May 12, 1988 to
insure the performance of construction of the Deerfield Subdivision (Holly Ridge Road)
The subdivision was accepted at the 1993 Annual Town Meeting however an amount of
$10,000.00 was retained in the performance account for the continued operation and
maintenance of the sewer pumping station during the period of responsibility for O &M ?
by the developer,
Article 6 of the special town meeting of October 29, 1996 authorized the
selectmen to accept ownership of the Holly Ridge Pumping Station. The owner of the
pumping station has completed necessary repairs and conveyed easements and ownership
of the station to the Town of North Andover. The Division of Public Works has now
assumed responsibility for the operation and maintenance of the station consequently we
recommend release of the balance remaining in the account.
Very truly y urs,
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J. William Hmurciak, P.E.
Interim Director
Division of Public Works