HomeMy WebLinkAbout1985-04-05 Legal Documents DEF SUB FORM I
A `aJ Y COVENANT
June 28 1985
, Massachuset-
KNOW ALL MEM by�hese presents that the undersi gned has submi tted an
application dater{ OU 1{= K I to the doxth Andover Planning
Board for approval of a Definitive Plan of a subdivisio of . an entitle '
Florence Estates p 1 an 6y ; Merrimackr�r
Engineering Services , nc . dated:
n j trRl�rvices Tnc . address : Box 177 _
Pinehurst �' �HUGUTt 1 and 1 ocated:off
and showing five proposer
o s . ie undersigned has requested the Planning Board to approve such
plan without requ ring a performance bond .
IN CONSIDERATION of said Planning Board of north Andover
in the county of x approving said p an wit out requiring a
performance bond , the undersigned hereby covenants and agrees with the
inhabitants of the town as follows :
I . 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 . "App1ican " may
be an owner or his agent or representative , or leis assigns , but
the own-, of record must sign the covenant .
2 . That the undersi 7ned will not sell or convey any lot in the subdi -
vision or ere :t or place any permanent building on any lot until
the construct on of ways and installation of municipal services
necessary to adequately serve such lot has been completed in accor -
dance with th , covenants , conditions , agreements , terms and provision
as specified • n the following :
a . The AppIi ation for Approroval of Definitive Plan ( Form C ) .
b . The Sifl).division Control Law and the Planning Board ' s Rules and
Regulations governing this subdivision .
C . The Certificate of Approval and the conditions of approval sped/01
cified therein , issued by the Planning Board , dated r ,�
d . The Definitive Plan as approved and as qualified by the Certi -
ficate of Approval .
e . Other documents ) specifying construction to be completed ,
namely ,
( Page I of 3 )
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 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 , adminis-
trators , devisees , heirs , successors and assigns of the undersigned
and skull constitute a covenant running with the land included in
the subdivision and shall operate as restrictions upon the land .
4 . That particula lots within the subdivision shall be released from
,
the foregoing ccnditions upon the recording of a certificate of
performance executed by a majority of the Planning Board and enum-
erating the sneC fic lots to be released .
5 . That nothing heroin shall be deemed to prohibit a conveyance by a
sinole 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 'fanning board .
5 . 7ha th undersigned agrees to record this covenant with the ��_
Diskric Essex County Registry of Deeds , forthwith , or to pay
tTe 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 cov -
enant ; but not later than three ( 3 ) years from the date of such
deed , as provided in Section 81 -U , Chapter 41 , M . G . L .
S . That this covenant shall be executed before endorsement of approval
of the definitive plan by the Planning Board and shall t.,al:t c i ! c r. i
r y," >
9 . Upon final comp et an of the construction of ways and installation
of municipal se vices as specified herein , on or before A ri1.
86 t e Planning Board shall release this covenant by an
appropriate ins rument , duly acknowledged . Failure to complete con -
-and i stallation within the ctime
thee
as rrr ry be specified key vot of Plaitinifie�ngeBoa'rdatirithca
later data
written concurr nce of the applicant , steal on aacc
eerfarmolat o f thi ,
resci s&i on of t ,e approval of the pl an . Upon 1
covenant with respect to any lot , the Planning Board Tray release
such lot from this covenant by an appropriate instrument duly recorded
10 . Nothing herein shall prohibit the applicant from varying the i'rethod
of securing ' the construction of ways and installation of municipal
services from time to time or frow securing by one , or in ;}art by
one and in part by another of the methods described in M G . k_ . , Chapter
41 , Section 81 -u , as lone! as such security is sufficient in the
opinion of the Planning Board to sec"re performance of the con-
struction and installation .
( Page 2 of 3 )
For title to the property , see deed from Nellie H . Arsenault dated November 5, 1.g8kPecorded i n unrecorded R e Y i s try o f ,
Deeds , Book , Page , or registered in
Land Registry as Document {lo . , and noted on certificate of title
30 . in Registration Bow page
A copy of the unrecoded deed is attached hereto .
The present holder of a mortgage upon the property is Nellie H ,
Arsenault of North Andover
The mortgage is dated unrecorded and recorded in
Registry of Deeds , .Book Page or regi s tere
in Land Registry as Document No . ,
. and noted on certificate of title No . in Registration Book ,
Page ''he mortgagee ,agrees to hold the mortgage subject tome
covenants set foi '.h .bove and agrees that the covenants shall have the
same status , ford aFd 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 .
A copy of the unrecoded mortgage is attached hereto .
Not Applicable spouse of the undersigned applicant
hereby agrees tFia suc interest as I , we may have in the premises shall
be subject to the provisions of this covenant and insofar as is necess -
ary releases all , fights of tenancy by the dower or homestead and other
interests therein .
H1 WITNESS 'WHEREOF we have hereunto set our hands and seals this
o fC� „. ,..,. ,...W,... _ 19
Enviromental Control
by its President
H .nr�loan tI� -----
Acceptance by a Plajori ty of
he 1 aoni n Boar 0f
J � R�"`,7 i • to
r (yj �o ( Page 3 of 3 )
t ,
,.
RE
EL
AT
............................. ...........
FORtt J
RELEASE FORM
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 the Performance Bond or Surety and dated
I
i
19 and/or by the Covenant dated
June 28, 1985 modified June 13, 1989, 1.9 and recorded in District Deeds,
Boole 2032 inst.27678 Page -- or registered. in
of 89
-Land Registry District as Document No . �
and noted on Certificate of 'Title No . in
i
Registration Book _- Page —; has been completed/
partially completed , to the satisfaction of the Planning Board
to adequately serve the enumerated lots shown on Plan entitled
Subdivision of Land in North Andover, MA OW"ers/S e c t- i o n ( s � _ _ S Il e e t s - 3
IppT cans en scia aiyd�os� i-L vis,P.-0. Box 952, Lawrence, MA 0100
Plan dated Novem r 1.9 88__ recorded by the Essex
evised-CXfo-tier 1989
North Rey st ry of Deeds , Ilan Book 11689 Page
or registered in said Land Registry District , Plan, Kook
Plan and said lots are hereby released from the
restriction as to sale and building specitled thereon .
Lots designated an sail Planas faliows : 1 -. , and
street ( s ) )
Lots 1, 2, 4 and 5 South Goss Baud
b. ( To be attested to by a Registered Land Surveyor )
T hereby certify that lot number( s )
on South Cross Road —`—--- - - M— .___.-�. ___�-------- S t r e e t, t s j
do conform to layout as shoun on Definitive Plan entitled
Subdi Sion of Land in North Andover hR c Li o n 8 h e e t ( s ) _ 3_ _ -
aaners is and Joseph Levis, P. 0. &5x--952,-I&rrence, MA 01MO
ROAM � 11---e stered I,a 7- 11 v e y X.
o P -
RRonnis w
NA 2169
p/���I Lft7lL!' 3 P a g Q 1_ of 2
The Town of North Andover , a municipal corporation situated in �
the County of Essex , Commonwealth of tassachusetts , acting by
its duly organized Planning Board , holder of a Performance Bond
or Surety dated _ 19 , and/or Covenant
dated 19 from
of the City/Town of
County , Massachusetts recorded with the
_ District Deeds , Book
Page or registered ire Land Registry District as Document
No. and noted on Certificate of 'title No . _ in
Registration Book _ Page acknowledges satisfaction
of the terms thereof and hereby releases its right, title and
interest in the lots designated on said plan as follows ,
EXECUTED as a sealed instrument this o?G1 day of �-JA- A)Uqrcjl 9_1
l
Majority of the
Planning Board �' Y",
of the Town of
North Andover
COMMONWSAlr` H OF' MASSACHUSE TTS
Then personally appeared _Lj)hK% L Sr►?1 --------, one of the above
members of the Planning Board of the `'own of North Andover ,
Massachusetts and acknowledged the foregoing instrument to be the free
act and deed of said Planning Board, before rne .
Notary P12blic
Hy Commission Expires :
P a e 2 o f: