HomeMy WebLinkAbout1977-06-28 Legal Documents 1978 JOHN J. LYNCH 3 TELEPHONE 685.3551
JOHN J, WILLIS
JOHN J. WILLIS, JR.
LYNCH, WILLIS AND WILLIS
ATTORNEYS-AT-1-AW
160 PLEASANT STREET
NORTH ANDOVER. MASSACHUSETTS 01845
J11-1y 't,
Town of North Andovo:v
florGh Andover, 0A 01845
Rol Covenant, "Trin:aIA-s 0-rossing" Subdivision
(Yen tl omen s
havo had a chanoo to roview the covanant whJ,ch you sent to
me to appx-ovo as to form. As far ato the; forth It'so'If J-'., ooncernod ,
I sou notbimS wrong with it and it in perfeably accuptdblo An jily.
opinion.
Howevorl I would Akc -to Make the following mmmmnt. A you
plan W "so this (mvenanb which you have just recently mAdhbod
to me, hay.-ing in And that you intend to Char)go Your r1lt.es and
regulations, I suggest that you do so and In your- subdlv!.;,ion
handbook, Page A you nb ustitute thi emm s oova for the one that
ymi have Formerly adopted. A that mannov, yo" will be ounnistamt
with your covenant and would not havo to continuously Wmlh to mo
Ll variety of Covenants Vor nppr( v,�,ft ),s -to forin.
Very frilly 'o"r ij
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hu ;t'® ':'�i1 T is
Awn (Am nse-1.
Muth Aollovol. Wmak fAmmill
L C(P o"III,
III War that A',
COVENANT
KNOW ALL MEN BY THESE PRESENTS that whereas the undersigned
has submitted an application dated April 29, 1977, to the North
Andover Planning Board for approval of a definitive plan of a
certain subdivision entitled "Ingall. ' s Crossing" and dated
May 13, 1977, and revised on February 13 , 1978, April 19 & June 2,
1978, and has requested the Board to approve such plan without
requiring a performance bond,
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in considera-
tion of the North Andover Planning Board approving said plan
without requiring a performance bond, and in consideration of
one dollar in hand paid, receipt whereof is hereby acknowledged,
the undersigned covenants and agrees with the Town of North
Andover as follows:
1. The undersigned will not sell any lot in the subdivision or
erect or place any permanent building on any such lot until
the construction of ways and municipal services necessary to
serve adequately such lot has been completed in the manner
specified in the aforesaid application, -and in accordance
with the covenants, conditions, agreements, terms and pro-
visions thereof.
2. This agreement shall be binding upon the executors, admin-
istrators, devisees, heirs, successors and assigns of the
undersigned.
It is the intention of the undersigned and it is hereby
understood and agreed that this contract shall constitute
a covenant running with the land included in the aforesaid
subdivision and shall operate as restrictions upon said land .
It is understood and agreed that lots within the subdivision
shall., respectively, be released from the foregoing condi-
tions upon the recording of a certificate of performance
executed by a majority of said Planning Board and enumerat-
ing the specific lots to be so released, all as provided by
Section 81-U, G.L. c. 41
3 . The undersigned represents and covenants that undersigned
is the owner in fee simple of all the land included in the
aforesaid subdivision and that there are no mortgages of
record or otherwise on any of said land, except -such as are
described below and subordinated to this contract, and the
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present holders of said mortgages have assented to this '
contract prior to its execution by the undersigned.
• a. i
IN WITNESS WHEREOF the undersigned, applicant as aforesaid, j
does hereunto set his hand and seal this 23rd day of May, 1978.
Received by Town Clerk: OLYMPIC CONSTRUCTION, INC.
(Applicant)
Date :
Time: B � �
Anas tas ios K log nis
Signature: President & .Treasurer
Address: 800 Broadway
Lowell, Massachusetts
Description of Mortgages : Mortgage of entire parcel from Olympic
Construction, Inc. to Andover Savings Bank, by instrument dated
July 14, 1977, and recorded with Essex North District Registry of
Deeds, Book 1313, Page 742.
Assent of Mortgagee:
ANDOVER SAVINGS BANK
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COMMONWEALTH OF MASSACHUSETTS
Essex, ss : May 23 , 1978
Then personally appeared the above-named Chester T. Jenkins
Vice President
and acknowledged the foregoing
instrument to be the free act and deed of the Andover Savings
Bank, before me
.
Notary Public
My commission expires ,1 L1zW.1
The North-Andover Pla 'h ' hg Board
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