HomeMy WebLinkAbout1981-12-21 Covenant DEF SUB COVENANT }
North Andover, Massachusetts March 11 , 1983
KNOW ALL MEN BY THESE PRESENTS that the undersigned has submitted an application
dated } , to the North Andover Planning Board for' approval
of a Definitive Plan of a subdivision of land entitled:"Definitive Plan of Land
of Ingalls Crossing III Located in North Andover, Massachusetts"; Owner and Appli-
cant : Andrew Circle Realty Trust; Scale: 1" = '40' ; Date: Oct. 22, 1981 (Revised
3--3-83) by Frank C. Gelinas & Associates, Inc. , Engineers & Architects; said plan
being of land located off Forest Street, in said North Andover, and showing thirty
(30) proposed Jots. The undersigned has requested the Planning Board to approve
such plan without requiring a performance bond.
IN CONSIDERATION of said Planning Board of the Town of north Andover, in the county
of Essex, Commonwealth of .Massachusetts 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.
2. This covenant and agreement shall be binding upon the executors., administrators ,
successors and assigns of the undersigned. 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 a restriction upon said land.
It is understood and agreed that lots within the subdivision shall be released
by the North Andover Planning Board .from the conditions imposed herein solely
upon the recording of a release executed by said North Andover Planning Board
and enumerating the specific lots released thereby, namely lots numbered One
through Thirty. In addition, an executed deed for the drainage easement shall
be submitted to the North Andover Planning Board prior to the release of the lots.
3. The undersigned will not sell or convey any lot in the subdivision or erect or
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;
b. The Subdivision Control- Law and the Planning Boarid's Rules and Regulations
governing this subdivision;
C. The Certificate of Approval and the conditions of approval specified therein,
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issued by the Planning Board;
d. The definitive plan as approved and as qualified by the Certificate of
,approval.
Notwithstanding, the aforementioned owners and applicants have, however, the
option to file a bond or deposit as set forth in Section 81U of Chapter 41 of
the General Laws (ter.ed) , as amended, and such, if filed, will entitle said
owners and applicants to a release of these restrictions.
4. Nothing herein shall be deemed to prohibit a conveyance by a single deed
subject to this covenant, or either the entire parcel of land shown on the
subdivision plan or of all lots not previously released by the Planning Board.
5. The undersigned agrees to record this covenant with the Essex North District
Registry of Deeds forthwith or to pay the necessary recording fees to the said
North Andover Planning Board in the event the Planning Board shall record this
agreement forthwith. Reference to this -covenant shall be yentered upon the
Definitive Subdivision Plan as approved.
6. A deed to 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.
7. Upon final completion of the construction of ways and installation of municipal
services as specified herein, 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 later date as may be
specified by vote of the Planning Board with a written concurrence of the appli-
cant, shall result in automatic recission of the approval of the plan. Upon per-
formance of this covenant with respect to any lot, the Planning Board may release
such lot from this covenant by an appropriate instrument duly recorded.
8. That this covenant shall be executed before endorsement of approval of the defin-
itive plan by the Planning Board and shall take effect upon the endorsement of
approval.
9. 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.
11 . As required by t. jNorth Andover Board of Health; io building or other structure
shall be built or placed upon lots as shown onsaid plan without the prior
consent of• the North Andover Board of Health.
12. water and sewer installations shall be in accordance with the Rules and Regu-
lations of the North Andover Board of Public Works.
13. Surface drains and street bounds must be installed; the roads must be hot-
topped and construction ,all in accordance with the requirements under the
Subdivision Rules and Regulations of the Planning Board. Proper street signs
must be installed. Appropriate inspections for the satisfactory completion of
the provisions in this paragraph are to be performed under the direction of the
office of Highway Surveyor.
14. Construction must be in accordance with the. requirements of the Board of Fire
Engineers.
15. Construction of ways and municipal services is to be completed as follows:
Binder Coat of Hot--top to- be applied by -
Completion to be accomplished byCR 15 . tG
IN WITNESS WHEREOF, the parties to this covenant and agreement do hereunto set
their hands and seals this n (�_ day of p,� 1983.
NORTH ANDOVER PLANNING BOARD
Paul Red$troflL ChhaiLman .
ANDREW CIRCLE REALTY TRUST OF NORTH• ANDOVER
BY: - L�
Wi41i ns a tinakos, Trustee
V. Scott rol ansbee, Truste
COMMONt&ALTH OF MASSACHUSETTS
ESSEX, ss. � p��(ij/ �--' 1983
Then personally appeared the above-named Paul Hedstrom, as he is Chairman of the
North Andover Planning Board, and acknowledged the foregoing instrument to be the
free act and deed of said Board, before me,
Notary Public
My Commission
•
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. 1983
Then personally appeared the above-named William Konstantinakos and V. Scott
Follansbee, as they are Trustees of the Andrew Circle Realty Trust of North
Andover, and acknowledged the foregoing instrument to be their free act and deed
as Trustees, before me,
Notary Public
My Commission Expires:
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