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Home My WebLink About05-20-1975 Legal Documents DEF SUB i COVENANT 437 KNOW ALL MEN BY THESE PRESENTS that whereas the undersigned has sub- mitted an application dated March 10, 1975 to the North Andover Planning Board for approval of a definitive plan of a certain subdivision entitled Definitive Plan "Greenwood East" by Frank C. Gelinas, dated March 4, 1.975, Revised June 16, 1975y and has requested the Board to approve such plan without requiring a performance bond, NOWTHBREFORE, THIS AGREEMENT WITNESSETH that in consideration of the North Andover Planning Board approving said plan without requiring a performance bond, and in conformity with Section 81-U, Massachusetts General, Laws, Chapter 41, covenants and agrees with the Town of North Andover as follows: 1. The undersigned will not sell any lot in the subdivision specifically numbered 2, 3, 4, 5 and 6 on said Plan or erect or place any pormanent building on any such lot until the construction of ways and muni.ci.pal. sorvices necensary to serve adequately such lot has been completed in the manner specified in the aforesaid application, and in accordance with the covenants, conditions, agree- ments, terms and provisions thereof. 2.. This.-agreement shall be binding upon the executors, administrators, 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 conditions upon the recording of a certificate of performance executed by a majority of said Planning Board and enumerating 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 the underssigned is the owner A.n 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 that present holder of, said mortgage has assented to this contract prior to its execution by the undersigned. Description of Mortgage: Edward R. Greenwood North District Registry of Deeds ,u l %�v,L`r Book 1250,, Page y a 4. JuL Intis IlSyK IiK r ' tt � IFI FI't�{��Y�Q ,14Uj4 1 i ff r y l I j IN WITNESS WHEREOF the undersigned, applicant as aforesaid, does hereunto set ids hand' and seal this 26th day of July , 1976. GREENWOOD ASSOCIATES DESUN ORP. , G ne a1!) Partner By L on C. Asadoorian, President & Treasurer & Ap licant Assent! of Mortgagee: E ward R. reenwood Received by Town, DATED i TIMSi Signaturd: {Mfg' K�'p\� COMMONWEALTH OF MASSACHUSETTS Essext ss July 26 , 1976 Then personally appeared the above-named Edward R. Greenwood and acknowledged the foregoing instrument to be his Free act and deed, before me, Joan M. Lorenzo, Notary ublic My commission expires: 5/24/79 COMMONWEALTH Or, MASSACHUSETTS Essex, ss July 26 , 1976 Then personally appeared the above named Leon C. Adadoorian , President and xTreasurer aforesaid-and acknowledged the .foregoing instrument to be the free act and deed of Desun Corp. , before me,' ' Joan M. Lorenzo Not4ky Public Retarded July 27,1976 at 9 i 7•M #6261 My commission expires: 5/24/79 m -Ile F - - ESSEX REG.OF DEEDS JuL V 9- o7 AA 176 X RECORDED :RY OF kTT ../_�f, ✓ V { I LAW OFFICES 451 ANDOVER STREET 3 NORTH ANDOVER, MASSACHUSETTS 01645 I617) 685.336E i 1 Ii t August 17, 1976. I i Planning Board, Town of North Andover, Town Hall, North Andover, Mass. Re: Definitive Plan "Greenwood East" by Frank C. Gelinas, dated March 4, 1975, Revised June 16, 1975 -- Greenwood Associates Gentlemen: Enclosed please find Covenant. dated July 26, 1976 and recorded in North District Essex Registry of Deeds Book 1287, Page 431 and relating to the above. Very..,truly yours, Victor L. Hatem VLH:MLB Enc. ell .....,,m.. ._.. .... - ..� _.....»,._..._,.,� .._try. ....., �_ -. 13K1338 i 3 o W { MINUTES OF SPECIAL MEETING OF STOCKHOLDERS O 1 Q AND HOARD OF DIRECTORS OF DESUN CORP, Pursuant to notice, a duly called special meeting of the st (ern t w Hoard of Directors of Desun Corp., was held at the office of the Zorpo"tion, 451 Andover Street, North Andover, Massachusetts at 2:00 P. 14 orpNo 0 1975, at which all of the Stockholders and Hoard of Directors wezm p6e"nt U) acting throughout. 4 Upon motion, duly made and seconded, it was unanimously VOTEDt That Leon C. Asadoorian, President and Treasurer, or Victor L. Hatem, are hereby authorized for, on behalf of, and in the name of the corporations 1. Be empowered and directed to sell premises owned by it, wherever located to grantee or grantees for such price and under such terms as to said President and Treasurer or Victor L. Hatem may seem advisable, and said President and Treasurer or Victor L. Hatem are further authorized and empowered and directed i to execute, in such form as may be required, all quitclaim deeds, instruments ' of assignment, discharge of partial release of any security, mortgage document, pledge, lien, condition, covenant, restriction, promissory note, given as security to or by said Desun Corp. in pursuit of its business as authorized by its charter. 7b execute all instruments of subordination of any security to said Desun Corp. and to affix the corporate seal thereto, and to do any and all acts or things which may be necessary or advisable for the consummation of said purposes. The execution ( of said instrument5by said President and Treasurer or Victor L. Hatem shall consti- tute conclusive evidence of his full and complete authority to act for and in behalf ...of Raid cotporation ,in its capacity as General Partner of Appledore Associates and of Greenwood Associates,) Limited Partnerships. Resolved Furthers That this vote shall continue in full force and effect until notice to the contrary in writing is duly recorded in the North District. Essex Registry of Deeds. And I hereby further certify that the foregoing vote is still ir' fpr h and effect, and that the person named in said vote holds the offices GuSigtrated. A true record. �• Marg/ar t L. Haril ;. •Clotk OOMMONWEALW OF MASSACEiUSEMS Essex, Be. May 11., 1978. Then personally appeared the above named Margaret L. Baril and acknowledged the above to be her tree act and deed. Before me, Josep, V./Mahoney -- tary Public Recorded May 15,1978 at 12:45PM #l4289 My iCommission expireal A& : 30, 1983 I LAW OFFICES 451 ANDOVER STREET NORTH ANDOVER, MASSACHUSETTS Ofe45 j VICTOR L, HATE;M W7) 665.3368 JOSEPH V. MAHONEY December 5, 1980. Planning Board, Town of North Andover, Town Hall, North Andover, Mass. Re: Definitive Plan "Greenwood East" by Frank C. Gelinas, Dated March 4, 1975, Revised June 16, 1975 - Greenwood Associates Gentlemen: All of the work having been completed on the above captioned sub-division, you are hereby requested to release the Covenant dated July 26, 1976. You will find enclosed a Release in proper form for execution. You will also find for your information, a copy of the Covenant, should you not have it in your file. i Ver,V truly yours, L; / r a r t/ Victor L. Hatem VLH:MLB Encs. 1 1 f ,