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Home My WebLink About2015-03-17 Lot 36 - 1060 Great Pond Rd DEF SUB 8/7/2018 Town of North Andover Mail-1060 Great Pond Road .......... . NOtt ' AND,OVR MassachustKls. Monica Gregoire <mgregoire@northandoverma.gov> 1060 Great Pond Road 1 message Brian Vaughan <BVaughan@smolakvaughan.com> Mon, Aug 6, 2018 at 4:42 PM To: Monica Gregoire <mgregoire@northandoverma.gov> Cc: Jean Enright <jenrig ht@ north an dove rma.g ov> i Hi Monica/Jean—Attached is the post closing agreement for site access to 1060 Great Pond Road as we agreed with the Planning Board we would obtain for Lot 36. As discussed at the hearing, we included specific language benefitting the Town in the letter agreement. And I made clear the Town has a right but no obligation to complete any work. I just wanted to provide you with a copy for the benefit of the Planning Board as follow-up to the last hearing and the release of Lot 36. I will follow-up again with Phil and we'll work on getting the as builts complete on the drainage system (which we have show the retaining wall)so that we can hopefully get lots 37, 38 and 39 released in advance of any prospective transaction. Brian G. Vaughan, Esq. Smolak & Vaughan LLP Tel: 978.327.5217 (Direct) Email: bvaughan@smolakvaughan.com Letter Agreement for Post Closing Site Access (1060 Great Pond Rd) (00121676xBC4F6).pdf 78K https:ilmail,google.cornlmai llu10?ik=daddl 872e7&view=pt&search=al€&permthid=thread-f%3A1608083752210435573&sim pl=msg-f%3A16080837522... 111 p MR Investments LLC PR Investments LLC 1046 Great Pond Road North Andover, Massachusetts Spiro C. and Megan Pappadopoulos 1060 Great Pond Road North Andover,MA 01845 Re: Post Closing Agreement concerning Permit Conditions and Site Access TO WHOM IT MAY CONCERN: The undersigned Sellers, MR Investments LLC and PR Investments LLC, agree that they will perform and complete any remaining work required under the Rudick Place Subdivision Approvals, as the same have or may be further amended or modified(the"Decisions"), including the Planning Board Subdivision Decision and Watershed Special Permit Decision, to the satisfaction of the Planning Board and so as to obtain final lot releases for the project and to secure release of the bonds that were retained by the Town of North Andover to secure the work. The Buyer, for itself, its successors and assigns, from and after the date of closing hereby grants to the Seller, its successors and assigns, and the Town of North Andover, and their respective agents and contractors, the right to access Lot 36 and to inspect and complete such work as necessary to comply with all conditions and complete any work, as necessary,pursuant to and in accordance with the Decisions. The Seller, its successors and assigns, will indemnify the Buyer from any violation by Seller or its failure to comply with the Decisions until such date as the work is substantially completed with the bonds released. Likewise,the Buyer, its successor and assigns,hereby agree not to take any actions in violation of the Decisions and to comply with the Decisions, and will indemnify the Seller from any damage caused by their failure to comply with the Decisions,until such date as the work is substantially completed with the bonds released. In addition to right of access for inspection, for purposes of clarity it is acknowledged that the Town of North Andover shall have the right but not the obligation,to complete any work required by the Decisions. The obligations hereunder will survive the delivery of the deed. 100121668;vl) 's. O o �o X.FND TOF- 196.2' EL MICH Asa 36 �481, g J. � SERGI 13 .33191 so I CERTIFY THAT T14E PRIMARY STRUCTURIE SHOWN CONFORMS TO FOUNDATION LOCATION THE HORIZONTAL SETBACK REQUIREMENTS APPLI ABLE ZONING SY-LAWS N FFECTTWHEN LOCALOF THE CONSTRUCTED. (THIS CERTIFICATION DOES NOT CONSIDER ANY OTHER CLIENT: MARK R U D I C K RESTRICTIONS SUCH AS COVENANTS,WETLANDS,EASEMENTS, ORDERS OF CONDITIONS,ETC.)THIS DRAWING SHALL NOT BE USED THIS CERTIFICATION IS MADE AND LIMITED TO THE ABOVE CLIENT BY THE CLIENT FOR ANY PURPOSE OTHER THAN THAT OUTLINED ABOVE,EXCEPT WITH THE WRITTEN PERMISSION OF CHRISTIANSEN LOCATION: NORTH ANDOVER,MA. &SERGI INC.FURTHERMORE THIS DRAWING IS THE COPYRIGHTED PROPERTY OF CHRISTIANSEN&SERGI INC,AND ANY DATE: 9/14/17 SCALE: 1"=60' UNAUTHORIZED USE IS PROHIBITED.CHRISTIANSEN&SERGI TAKES NO RESPONSIBILITY FOR THE UNAUTHORIZED USE OF THIS DRAWING OR ANY NFORMATION CONTAINED HEREON. PROFESSIONAL ENGINEERS & LAND SURVEYORS CHRISTIANSEN & SERGI, INC. 160 SUMMER STREET, HAVERHILL, MASSACHUSETTS 01830 WWW.CSI-ENGR.COM TEL, 978-373-0310 FAX, 978-372-3960 DWG.NO.:14009,001,010 i Y -pW .. 16052 1 PLANNING DEPARTMENT Community& Economic Development Division Form J -- LOT RELEASE The undersigned being a majority of the Planning Board of the Town of North Andover, MA hereby certify that a performance guarantee of$1.1,828 has been posted for the completion of work as required by the Conditional Approval dated March 17, 2015 and registered in Essex North Land Registry District as Document No. 114182, and noted on Certificate of Title No.16052 to the satisfaction of the Planning Board as to the following enumerated lots shown on Plan entitled "Definitive Subdivision Plan for Rudick Place in North Andover, MA."filed in Land Court Case No. 16372 and being a division of Lot 35 shown on Land Court Plan 16372-J creating Lots 36-39, which Plan is registered in said Land Registry District as Plan No. 16372-K, and said lots are hereby released from the restrictions as to sale. Lots designated on said Plan as follows: Lot 36. (This Form J —Lot Release intending to be a certificate of performance to release said Lot 36 from restrictions as set forth in that certain Form I - Covenant registered in said Land Registry District as Document No. 114180, and noted on Certificate of Title No.16052.) (To be attested by a Registered Land Surveyor) I hereby certify that lot number 36 at"Rudick Place"in North Andover, MA and which Lot is fronting on Great Pond Road does conform to layout as shown on Definitive Plan entitled "Definitive Subdivision Plan for Rudick Place in North Andover, MA." and which Plan is registered in said Land Registry District as Plan No. 16372-K. Registered La Surveyor OF MICHAEL cyG Ma orit e u I ing Board of North Andover J. s, SERGI Ido,38199 O G tom. Qy lgN4 SUn` COMMONWEALTH OF MASSACHUSETTS ESSEX SS Date_. -M Then personally appeared the above-named and ack ledged the foregoing instrument to be his/her free act and deed before me. � v1RGINIA E. WOLSTROMER of Notary Public Notary P ICOMMONWEALTH Of MASSACHUSETTS My Commission Expires My�ommissi0n E June 24. 2U2� Page 1 of 2 120 Main Street North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.no0handoverma.c�ov i i Description of Mortgages(Give complete names and Registry of Deeds reference): from PR Investments, I-I-C MR 23 2015 filed her herewith as Document No. 1d14671 noted on Certificate of Title No.16052 Institution for,Sayings,dated February i Assent of Mortgagee: HINGHAM INSTITUTION FOR SAVINGS By: j n l Name: AUL C61ye2F�0K Title,-, COMMONWEALTH OF MASSACHUSETTS ss. On this da of- , 2018, b fore me, the undersigned notary public, personally appeared L't 44gham Institution for Savings, who proved to me through satisfactory evidence of identification,which was a driver's license, to be the person whose name is signed on the preceding or attached document,,and acknowledged to me that he/she signed it voluntarily for its stated purpose,acting in such capacity. DAWN M.CURRAN FOLEY � A ��"� Notary Public 1 Vl Commonwealth of Massachusetts Notary Public My Commission Expires September 14,20f8 ry My Commission Expires: la kp-c Page 2of2 120 Main Street North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web w.northandoverma.gov uocu LAKE cocivCHEWICK m 'i en'j —m M� Popa�'a WINTER 5T ®4p \E \t t i \cJ�, AS-BUILT PLAN FOR ASSESSOR'S PARCEL 103.0-0136 IN NORTH ANDOVER MA. t PREPARED FOR T } MARC ERUDICK ! ; i 1046 GREAT POND ROAD I i i i NORTHANDOVER,MA 01845 � D.47E:DULY 19,2018 sc4LE''=40' PROFESSIONAL ENGINEERS&LAND SURVEYORS csl CHRISTIANSEN&SERGI,INC. 160 SUMMER STREET NAVERXILL MASSaCXUS<TTS 01880 K,WW 1-ENGR.COM YEL 978373-03i0 FAX 97a UM2960 ®2078 CNRf57L4N$FN&SERC3f,fNG