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Home My WebLink About1997-01-24 Street Acceptance DEF SUB ' r f-own of North Andover o� HORTiy OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 49 .= 30 School sheet North Andover,Massachusetts 01845 �4 WILLIAM I SCOTT SSRCNU Director September 24, 1998 Thomas J_ Urbelis,Esq. Urbelis,Fieldsteel&Baln 155 federal Street Boston,MA 02110 Re: Settler's Ridge—Roadway Acceptance Dear Attorney Urbelis, I have enclosed copies of the Grant of Easement, Conveyance of Easements and Utilities, and the Quitclaim Deed for the Open Space for the Settler's Ridge Subdivision for your review. I have informed Tom Zahoruilm,the developer of this project,that he must also submit a deed for the roadway for review and approval. Unfortunately the deed for the Open Space has already been recorded and it grants the Open Space to the Town of North Andover therefore I believe that the warrant article must reflect the acceptance of the Open Space as well as acceptance of the roadway. Please review the correct wording of tha warrant article as soon as possible as I believe the Selectmen are voting on the warrant on Monday night. I will submit the roadway deed for your review as soon as I receive it. I believe that the roadway has been reviewed by DPW and that they will be making a favorable recommendation. If you have any questions please do not hesitate to contact me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner CC. K Halpin,Town Manages T.Willet,DPW T.Zahonao,Tara Leigh Development BOARD OF APPEALS 688-9541 BUILDING 688-9545 OONSERVATSON 688-9530 HEALTH 688-9540 PLANNING 688-9535 CONVEYANCE OF EASEMENTS AND U=ITIES v - Tara Leigh DevelopmP-nt Corp.,a Massachusetts corporation with an address of 195 1 Hickory Hill Road.Norte Andover,NfA 01845,Essex County; Massachusetts; for the consideration paid of One Dollar($1.00),hereby grants,transfers.and delivers unto the To-om of North:%ndoverr. a municipal corporation in Essex County,tine following A- The perpetual rights and easements to construct.,inspect,repair,remove..replace,operate and forever maintain(1) a sanitary seater or sewers-with any manholes, pipes, conduits and other appurtcnances,(2)pipes, conduits and their appurtenances for the conveyance cf hater,and(3) a covered surface and ground rater drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all other acts to the foregoing, including the right to pass along and over the land for the aforesaid purposes, in,through, and under the whole of Settlers Ridge Road as indicated on that certain definitive Subdivision Plan,entitled"Plan of Land in North Andover,Mass.,Ovm,td by Elizabeth Barker,Named"Settlers.Ridge", Scale: 1,"=40',Date: 9111196,Rev: 10/4/96, 10/11196, I 1/13/96" said plan being recorded with the North Essex Registry of Deeds as Plan No. said plan is made and said plan is incorporated herein for a complete and detailed description of said roads. B. The perpetual rights and easements to u5r for 5 EE &U ovi (describe usedpurpose) the following parcel, of land situated on 5 ettle,s VI e toga. (Street) in said Town of N orth Andover and bounded and described as follouls: X. Prew'-A 20, Dry:n &%Sennewt` $etwean �s 8 t 1� 2jebeoy0 Zp" 54P-..Jtr to eae.-,t oh %-*T 1t T. tr"W4eo Re!4 saw hY or► L dr s 5+ k, Atl as sinew*. ov% �+�� 3 o4 alovue - rel`scsrvice.Q p1m.,r�_ The grantor«anants that the aforesaid easements are free and clear of all liens or encumbranccs, f bt ,at it has good Title to transfer the saute, and That it will defend the same against clairrns of all persons. For grantor's title see deed from Elizabeth E. Barker dated 1997, and recorded in the Essex Nortffi District Registry of Deeds herewith as instrument no. This is not a homestead property_ To be completed if a mortgage exists: And the Methuen Co-operative Bank,the present holder of a mortgage on the above described ,and,which m.ortgagc is dated -norc� �� , 1997and recorded iii said EssC�North R-1, m of Deeds, Book , Page ,for consideration paid, hereby releases unto the .. l Town forever from the operation of said mortgages,the rights and easerzaents herein above granted and assents thereto. Methuen Co-operative Ban BY: B� riz si nature or€ g g O'vner ar Uevelopinent Corp. Th as Zahoruiko, President and Treasurer IN WITNESS N1r7MREOF we have hereto set out hands and seals this f day of March, 1997 COM-M,ONNWEALTH Of M.A.SSACHJSETTS ss Match. 4-21 ; 19 97 Thcm personally appeared before me the above named Thomas D. Zahoniiko, President a_nd Treasurer of Tara Leigh Development Corp., as aforesaid and ackno o4edged the foregoing instr=ent to be his free act and deed. Notary P zc �1c Com.'-'nission Expires: NOTE: This conveyance is not effectit-e untiI accepted by Tovtxt Meeting. t GRANT OF EASEMENT Tara Leigh Development Corp., a Massachusetts corporation with an address of 185 Hickory Hill Road, North Andover, MA 01845, Essex County, Massachusetts; for the consideration paid of One Dollar ($I.00), hereby grants 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 Settlers Ridge Road and to use said way for all purposes for which streets and ways are commonly used in North Andover, Massachusetts. Settlers Ridge Road is more particularly described on that certain Defu hive Subdivision Plan entitled "plan of Land in North Andover, all Mass-, Owned by Elizabeth Barker, Named "Settlers Ridge", Scale: , Date: 9111196, Rev: 10l4/96, 10111196, 11113/96n said playa being recorded with the North Essex Registry of Deeds as Plan No. For grantor*s title see deed from Elizabeth E. Barker dated /n,41ch I , 1997, and recorded herewith as instrument no. Executed as a sealed instrument the day of March, 1997 TARA LEIGH DEVELOP T CO By: , Thomas ahoniLko President and Treasurer COMMONWEALTH OF MASSACHUSETTS >ss March ,21 , 19 97 Then,personally appeared before me the above named Thomas D. Zahomiko, President and Treasurer of Tara Leigh Development Corp. as aforesaid and acknowled;ed the foregoing instrumezxt to be his free act and deed and the free act an eri of Tara Leigh Development Corp, before me Notary Pub - : J My Comrzu on Expires_ NOTE:Th;:s conveyance is not effective until accepted by Town Meeting. fax 3�:_. t� Dee Tara.Leigh Development Corp. (the"Grantor"), a Massachusetts Corporation having its usual place of business at 185 Hickory Hill Road,Noah Andover,MA 01845,is the owner of land located in North Andover, Essex County,Massachusetts (hereinafter"Grantor-), in consideration paid and Liu full consideration of One Dollar(S 1.00) and other valuable consideration,grants to the Town of North Andover with QUITCLAIM COVENANTS, certain Cparcels of land described as follows: j Two certain parcels of land with the buildings thereon situated in North Andover, Essex County, Massachusetts,being shown as "Open Space" on a plan of land entitled"Plan of Laud in North � Andover, Mass., Owxied by Elizabeth Barker,Named"Settlers Ridge", Scale: 1"=40'. Date: ry 9/11/96,Rev: 10/4196, 10/11/9,6, 11/13/96" said plan being recorded with the Norch Essex Registry of Deeds as Plan No /�G�, 7 , said parcels being more particularly bounded and described as follows: PARCF.I, T: Beginning at a stone bound on the southerly sideline of Bradford Street at its intersection with the westerly sideline of Settlers Ridge Road, all as shown on said plan;thence running by and along said Bradford Street,N 25" 16 29" W, 315.42 feet to a point as slaoNv a.on said plan.;thence turning and running-by and along a stone wall and land now, or formerly of P.A.F. Trust, S 85" 31'42" E, 172.59 feet to a drill hole as shown on said plan;thence continuing along said stone wall and Iand note or formerly of Hansen, S 85' 30' 57" E, 400.18 feet to a point as shown on sand plan; thence turning and running by and along land now or formerly of Barker Street Trust, S 190 20' ?8" W,419.05 feet to a point as shown on said plan;thence twining and running by and along Lots 5, 4,3,2 and 1,N 78 ° 50'28" E, 454.00 feet to a point as shown on said plan; thence turning and running by and along a portion of Lot 1,N 48' 28' 43" W. 71.48 feet to a point on the westerly sideline of Settlers Ridge Road as shoe on said plan; thence turning and running in a northerly direction by and along said Settlers Ridge Road and an arc,R=175.00', L=72.57'to a stone bound as shove on said plan;thence continuing along said Settlers Ridge Road,N 76' 00' 50" E, ZI 9.45 feet to a stone bound as shovzn on said plan;thence running In a northwesterly direction by and along the intersection of Settlers Ridge Road with Bradford Street and an arc. R=30.00',L=53.04' to a stone bound and the point of beginning, all as shown on said plan. >a RCEL-IL Beginning at a stone bound on the southerly sideline of Bradford Street at its intersection-with the easterly sideline of Settlers Ridge Road, all as sho-,va on said plan; thence running in a southwesterly direction by and along the intersection of Settlers Ridge Road with Bradford Street and an arc,R=30.00',L—41.21'to a stone bound w shown on said plaza;thence running by and along said Settlers Ridge Road, S 76" 00' 50" W,241.40 feet to a stone bound as shown on said plan:thence continuing aloes said Settlers Ridge Road in a southerly direction along an are, R=125.00,L=32.98'to a point as shown on said plan,thence turning and running by and along,a Portion of Lot 11, S 23' 47' 00" E,20.10 feet to a point as sho-.Nm on said plan;thence turning and Wining by and along land now or formerly of Marchese,N 76° 00'47' E, 300.00 feet to a stone bound and the point of beginning,all as shown on said plan_ Meaning and intending hereby to convey the Open Spaces as shown on said plan, having a total area of 219,625 square feet more or less or 5.0420 acres more or less. Said Premises are conveyed subject to easements,marginal and conditional notes and matters show,m on the plan referenced herein. Said Premises are further conveyed subject to and with the benefit of rights, rzstrictians and easements of record_insofar as the same may be in force anal applicable. For reference to Grantor's title see that certain deed recorded with the Essex North Registry of Deeds recorded.at 34z4 ,P,� IN'W=SS WHEREOF the said Tara Leigh Development Corp-has caused its corporate seal to be hereto affixed and these presents:o be signed, ackmowledged and delivered in its name by Thomas D- Zahoruiko its President hereto duly authorized this;f day or 1997. TARA LEIGH DEVELOP3.IENT CORP. Bv• //t� Thomas - ahoruiko Presid a and Treasurer i COMMONWEALTH OF-MASSACHUSETTS ss /�'JA/Ui �l , 1997 Then personally appeared the above named Thomas D. Zaboruiko. President of Tara Leigh Development Corp., and acknowledged the foregoing,instrument to be his flee act and deed as President and Treasurer and the free act and deed of said Tara Leigh Development Corp. before raze, Notary Publ- My Coinmi �io/nExDires: �� -Town of North Andover F �jORTPI , OFFICE OF �z O t t e o rmoo L COMMUNITY DEVELOPMENT AND SERVICES 10 30 School Street x WII LL4M 7.SCOTT North Andover,Massachusetts 01845 sSacFwus 5i5 Director J/ September 25, 199 8 Thomas J. Urbelis Urbelis, Fieldsteel &Balin 155 Federal Street Boston, MA 02110 Re: Settler's Ridge Roadway Deed Dear Attorney Urbelis, 1 have enclosed a copy of the proposed roadway deed for your review. As we discussed today,the DPW will not be making a favorable recommendation regarding the acceptance of the roadway therefore the warrant article may not go forward at Town Meeting. However, l anticipate that this warrant article will again be presented in the Spring therefore your review of the form of the deed would still be helpful. If you have any questions please do not hesitate to contact me at 688-9535. Very truly yours, Kathleen Bradle Colwell Y Town Planner cc. T.Willett, DPW T.Zahoruiko BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 a.L Y 1t1,.L7J_ era N..A. urw PAGE 61 -OWN OF NORTH ANOOVER. MASSACMUSUTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, QflgaS J.WILLIAM HMURCtAK. F r Telephone(978)685-0950 OAR r,tO�z Fax(978)688-9M t MaRTti 1 O O t 5 qss-4tfltFStiS4 September 25. 11448 Mr_ Keith Mitchell. Chairman Board of Selectmen 120 Mein Street North Andaver. MA 01845 Re, Settlers Ridge Road: Road Acceptance Recommendation Dear Mr_ Mitchell: The Divi-zion of Public Works does not recommend the acceptance of Settlers Ridge Road at this time for The tolls?min reasons. We have nt-i had sufficient time to review all aspects of the subdivision,some of which have just recently hecn constructed_ i We have not received test results of the sewer in the easement on lot 1 I_ i The As-built drawing is not complete; it lacks drainage certification_ The Finished pavzment needs to be touched up at station 0+50. :- 'rhe b vdrxt)i ;v ,rani,•n 10+50 needs to be raised 6 inches. the surrounding area Creeds loam and seed.' i Thera is insufficient,growth along much of the shoulder area. The sidewal� does na)t emend half wa and the cul-de-sac as shown on the approved Platt. very truly yours " 3. William Hmurciak. p.}'., Director of Public Work-, CC: Katheen ( olw01.'T •wn Planner MASSA 'SETTS QUITCLAIM DEED Tara Leigh Development Corp. , a Massachusetts Corporation Having its usual place of Business at 185 Hickory,1-lill Road, North Andover, Massachusetts 01845 for consideration paid,and in ftell consideration of less than one hrrnrlred($100.Do)Dollars grant to the inhabitants ofthe Town ofNorthAndover;ll fassachusetts, a municipal corporation, with offices at 120 Ifain Street, North Andover, Massachusetts,01845 with quitclaim covenants The land in North Andover,Essex County,Massachusetts,being the fee in the Roadway shown as Settlers Ridge Road, as shown on a PIan entitled "Definitive Subdivision Plan `Settlers Ridge' located in North Andover Mass, Record Owner: Elizabeth Barker 201 Bradford Street North Andover MA, Applicant: Thomas D. Zahoruiko 185 Hickory Hill Road, North Andover, MA" prepared by Christiansen and Sergi Professional Engineers Land Surveyors, dated September 11,1996,revisions 9/25/96, 10/31/96, 11/13/96,and recorded with the North Essex District Registry of Deeds as Plan No. 13007. Said roadway is more particularly bounded and described as follows: Commencing at a point on the Westerly line of Bradford Street, thence turning and running by a curve to the right with a delta of 1011 17' 19" and a radius of 30.00 feet, a length of 53.04 feet; thence running, S 76 °00' 50" W, a length of 219.45 feet;thence running,along a curve to the left with a delta of 59'46'26" and a radius of 175.00 feet,a length of 182.57 feet- thence running along a curve to the left with a delta of 51' 53' 26" and a radius of 125.00 feet, a length of 113.2I feet; thence running, S 68'OT 50"W,a length of 479.16 feet;thence running, S 19"52' 10" W, a length of 50.03 feet; thence running,N 68' 07 50" E, a length of 480.9I feet; thence running, along a curve to the Ieft with a delta of 50' 53' 26" and a radius of 175.00 feet, a length of 158.49 feet; thence running, by a curve to the right with a delta of 59' 46 26" and a radius of I25.00 feet , a length of 130.41 feet; thence running,N 76' 00' 50" E, a length of 241.40 feet; thence running, by a.curve to the right with a delta of 78'42' 41" and a radius of 30.00 feet, a length of 41.21 feet-, thence running,N 25' 16 29" W by the westerly line of Bradford Street,a distance of 112,17 feet to the point of beginning. Said premises are conveyed subject to and with the benefit thereof of easements, covenants and restrictions of record in so far as the same are in force and applicable. For Grantor's title see deeds recorded with said Registry at Book 4713, Page321 and Book 4713, Page 319. Witness its corporate hand anti seal this day of 1998 Tarry Leigh Development Corp. By: Thames A Zahoruiko,President ct Treasurer THE' CO1M MONWEALTH OF MASSA CHUSETTS .Essex., ss , 1998 Then personally appeared the above named Thomas D. Zahoruiko , President and Treasurer of Tara Leigh Development Corp-and acknowledged the foregoing instrument to be the free act and deed of said corporation,before me_ Notary Public My Commission Expires: ......... ......... ........ . - - -...__.. -- -.. ----- At 0 'OWN of NORTH ANDOVER, MASSACHUSETTS DtVBSION OF PUBLIC WORKS 384 OSGOOD STREET. 01845 J-WIL LIAM&IMURCIAK. P t'. Telephone(9M 6S-O O DIRECTOR Fax(M)68&9573 �QRT� Ot e�ia '44. 6 � 4 a * h 4 4q� SS4t►rU�� October 16, 1998 Mr. Keith Mitchell_Chairman Board of Selectmen I20 Main Strut Forth Andover. MA 4I 845 Re: Acceptance recommendation. Settlers.Ridge Road Dear Mr. Mitchelf: The Division of Public Works conducted a recent site inspection of Settlers Ridge Road and found that the ten items from our October I punch list have been completed. Therefore,this Division rccomznends road acceptance at Town Meeting. Very truly y William Hmurciak.F.E. Director of public Woft CC: Kathleen Colwell, Town Plaxamer Jim Rand. Director of Engineering, DPW ..firn Willetr. Staff Engineer,DPW RICHARD Ni STANLEY 566 Main Street Chief of Police No.Andover,MA 01845 Zo�m of �Km-th �, vmr Telephone: (508) 683-316$ POLICE DEPARTMENT f "OR7y �0` Yt6J{`T`�rO pk 7 �SSACWUS October 16, 1996 Mr. Thomas D. Zahoruiko 185 Hickory Hill Road North Andover, MA. 01845 Dear Mr. Zahoruiko, This letter will confirm your request to use SETTLERS RIDGE ROAD as a street name for a new street off Bradford Street near number 189. This street name is acceptable. in erely, �.G�eahG` RICHARD C. B4ETTCHER Communications Supervisor E-9-1-1 Coordinator cc; Kathleen Bradley Colwell, Town Planner t �- 'f own of North Andover No�Tk OFMCE OF OF�tyea ,6,ti0 COMMUNITY DEVELOPMENT AND SERVICES ° .. -- p .- 27 Charles Street WII T.IA_Tvf T. SCOTT North Andover, Massachusetts 01845 4ss..... ` e2 CHU Director (978)688-9531 Fax(978) 688-9542 October 21, 1998 Mr. Keith Mitchell, Chairman Board of Selectmen 120 Main Street North=Andover, MA 01845 Re: Settlers Ridge Road Acceptance Dear Mr. Mitchell, At their meeting on October 20'J', The Planning Board voted to recommend favorable action on the acceptance of Settlers Ridge Road subject to the final review by Town Counsel of the roadway deed and the deed of the Open Space to the Conservation Commission. Very truly yours, Kathleen Bradley Colwell Town Planner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9630 HEALTH 688-9540 PLANNING 688-9535