HomeMy WebLinkAbout1993-06-08 Legal Documents DEF SUB I
R
l
FORM I
COVENANT
19
Nort Ar over '
these presents that the c undersigned t ORTH
KNOW ALL as
MEN by �G�� ( / S' l ,
submitted an application dated
royal a Definitive Plan °f a***
titled: Definitive Subdivision Plan being,
p,NDOVER PLANNING BOARD for apP ,
subdivision of land en Inc .
plan byLJEaan-
Christiansen & Ser 'T.own'wred by: Builders Inc .
dated: l 1993 ' �(!�5 a
address: Boot & Saville Streets ned has
land located: W2sle proposed lots. The unde Plan without
and showing .._._...._----- Board to approve such P
requested the Planning
requiring a performance bond. in
Board of NORTH ANDOVER, a
IN CONSIDERATION of said Plasad plan without requiring
of ESSEX approving covenants and agrees
the county the undersigned hereby
performance bond,
with the inhabitants of the town as follows: fee simple
1.
That the undersigned is the *owner in
absolute of all the Land incelsded in the of record or otherwise
and that there are no Mort and that
on any land, except for those descridhaveowassented to
the present holders
said mortgages xecution by the
this contract prior
undersigned.
ner, all must sign.
*If there is more than one ow
be an owner or his agent of record
+#Applicant+r may
must sign the covenant.
lot in
That the undersigned will not sell or convey anermanent
2 . erect or place any P
the subdivision ar
.n on any lot until the cons ices necessary the ways
building se completed in
and installation osu h municipal lot has been comp
adequately serve conditions, agreements,
" accordance with the covenan in the following:
terms -and provisions as specified
i. The Application for Approval of Definitive Pan
a.
(Form C)
Control Law and the Planning
b• The subdivisionand Regulations governing
this
Board's Rules
subdivision.
l of 5
***Subdivision
of Lot 292 shown on Land Court Phan 43263F
l
C. The Certificate of Approval and the conditions of
approval specified therein, issued by the Planning
Board, dated To 0 /
d. The Definitive Plan as approved and as qualified
by Certificate of Approval.
e. Other' document(s) specifically construction to be
completed, namely,
However, a mortgage who acquires title to the mortgaged
premises by foreclosure or otherwise and any succeeding
owner of the mortgaged premises or part thereof may
sell or convey any lot, subject only to that portion of
this covenant which provided that no lot be sold or
conveyed or shall be built upon until ways and services
have been provided to serve such lot.
3 . That this covenant shall be binding upon the executors,
administrators, devisees, heirs, successors and assigns
of the undersigned and shall constitute a covenant
running with the land included in the subdivision and
shall operate as restrictions upon the land.
4 . That particular • lots within the subdivision shall be
released from the foregoing conditions upon the
recording of a certificate of performance executed by a
majority of the Planning Board and enumerating the
specific lots to be released.
5. That nothing herein shall be deemed to prohibit a
conveyance by a single deed subject to this covenant,
of either the entire parcel of land shown on the
subdivision plan or of all lots not previously released
by the Planning Board.
6. That the undersigned agrees to record this covenant
with the North Essex County Registry of Deeds,
forthwith, or to pay the necessary recording fees to
the said Planning Board in the event the Planning Board
shall record this agreement forthwith. Reference to
this covenant shall be entered upon the Definitive
Subdivision Plan as approved.
7 . A deed or 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.
2 of 5
• k 3 i j
8 . That this covenant shall be executed before endorsement
of approval of the , definitive plan by the planning
Board and shall take effect upon the endorsement of
approval. Said covenant shall expire two years from
the date of the endorsement of the definitive plan.
9 . Upon final completion of the construction of ways and
installation of municipal servi es as specified herein,
on or before TUBE f f j �7�} , 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
applicant, shall result in automatic rescission of the
approval of the plan. Upon performance of this
covenant with respect to any lot, the Planning Board
may release such lot from this covenant by an
appropriate instrument duly recorded.
10. - 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.
>- For title to the property, see deed from Charles W. & Lorna U.
McDonald dated �, recorded in
'Qe th E��nY Registry of Deeds, y� n LL3; T"l� ,
or registered in North Essex Land
Registry as Document No . , and noted on
certificate of title No. , and note mn ^^r}= f Bate ef_
451tie Ne , in Registration Book , Page
The present holder of a mortgage upon the property is none.
of
Registry of Be
! f
reelistereel in
! in Registratie OWE Page •
1
d
that the nerAgage shall be subevdlFiate to the abeve so
3 of 5
i
NONE spouse t
hereby aqjr-ees- that su eh intee-rest a we,— may �-zaave--ill--the
AeGessary releaser=, all rights efr- tenaney by' le
ad and- ether lnteresOe t+m-re+h.
IN WITNESS WHEREOF we
.gave set our hands and seals this
7_TH of 19 �.
S & S f l s , >Inc yf
y. ./......
� J Vy
owner741
Spouse of Owner
Mortgage
Acceptance by a Majority
of the Planning Board of
COMMONWEALTH OF MASSACHUSETTS
25
Then personally a ed before me the ab earove n
S « f�
o ' u ment to 7f�G�0 ���' nd - acknowledged the f0 g g '
be ITS free act and deed.
otary
My Commission Expires: _ jam'/
i
COMMONWEALTH OF MASSACHUSETTS
ss� ,ss L / Z 7 19 �:5
Then personally appeared before me the above named
and acknowledged the fore instrument to
be free act and deed.
S'dta ry Pub
My Commission Expires:
4 of 5
i J
e
r
COMMONWEALTH OF MASSACHUSETTS
�55 19
Then personally appeared before me the above named
and acknowledged the foregoing instrument to
be free act and deed.
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
ass , 19
Then personally appeared before me the above named
and acknowledged the foregoing instrument to
be free act and deed.
Notary Public
My Commission Expires:
5 of 5
., i:1 ti.;, .ar::.. r .'f.a.r. .. ... .. .... .. .. , ,w....,,, ,;Ri •.s.s.: .;)L,,, r,s:;., ... .ei•.; ..9.-rS1 r.7...L.,`a'e i_,fe l:,:n s.:,!`.,i 1s. ,.. .... `i:.,...r: ..,rr: .. .,.,;s.
t! I
FORM IT
LOT RELEASE
The undersigned, being a majority of the Planning Board of the
Town of North Andover, Massachusetts, hereby certify that :
a . The requirements for the construction of ways and municipal
services called for
the Covenant dated
July 7 , 1993 ±9 giat-a e
$cis r- �- --F WJ or registered in
_North_Essex ____ ____� Land Registry District as
Document No . 56521- and noted on Certificate of
Title No . 11717 in Registration Book 88 ,
Page 73 ; has been eeffipleteEWpartially completed, to
the satisfaction of the Planning Board to adequately serve
the enumerated Lots shown on Plan entitled " see below **
Plan dated January 1 , 1993 , -19- recorded by the
-ev registered in said Land Registry District , -Plan Bc
Plan 3263G , and said lots are hereby released
from the restriction as to sale and building specified
thereon.
Lots designated on said Plan as follows : (Lot Number (s) and
street (s) )
Lot 294 Booth Street, North Andover, MA 01845
b. (To be attested by a Registered Land Surveyor)
I hereby certify that lot number (s) 2W a9y
on Booth Street (s)
do conform to layout as shown on Definitive Plan entitled
" see below ** try:. ,--- "
** Plan entitled "Definitive Subdivision Plan being a
Subdivision of Lot 292 shown on Land Ca r P
#3263F. " Rego r Land Surveyor
,
Rt6A, d Surveyor
1 of 2
c . The Town of North Andover, a municipal corporation situated
in the County of Essex, Commonwealth of Massachusetts,
acting by its duly organized Planning Board, holder
,. of a
�7 ,
ttn4 Covenant dated July 7 1993 , 19 from
S & S Builders, Inc, to &E the City/Town of North Andover, z
Essex , County, Massachusetts recorded with
-tea B�s b4:et Deeds, Beek. ,
P -ems registered in Land Registry District as
Document No. 56521 and noted on Certificate of Title No.
11717 in Registration Book, 88 _, Page 73
acknowledges satisfaction of the terms . thereof and hereby
releases its right, title and interest in the lots
designated on said plan as follows :
Lot #294
EXECUTED as a sealed instrument this
1�
/ day of 4N 4 9/ ,
19
Majority of the
� Y
Planning Board XC�At�of the Town of
North Andover ' •�''n -,fir:
COMMONWEALTH OF MASSACHUSETTS
G5S'EX ss d
4AMA.R.1 /9 , 19
Then personally appeared RICHAt2b A , j, ARD15LLPc , one of the above
members of the Planning Board of the Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be the
free act and deed of said Planning Board, before me .
o t a ry P ub l i r
My Commission Expires
2 of 2
f
FORM J
LOT FAsE
The undersigned, being a majority of the Planning Board of the
Town of North Andover, Massachusetts, hereby certify 'that :
a. The requirements for the construction of ways and municipal
services called for
.19 - an erz by the Covenant dated
19
g, registered in
age ir. Page
North F�cPx Land Registry District as
Document No . 5..6r,?1 and noted on Certificate of
Title No . 1127g in Registration Book 88
Page 77 has been ^^mpIat-e /partially completed, to
the satisfaction of the Planning Board to adequately serve
the enumerated lots shown on Plan entitled **
she
Plan dated Jan -1-9- recorded by the
reg
or istered in said Land Registry District , Plan -ae --
43263G Pl ;;n . and said lots are hereby released
from the restriction as to sale and building specified
thereon.
Lots designated on said Plan as follows : (Lot Number (s) and
streets) )
Lot 4295
b . (To be attested by a Registered Land Surveyor)
I hereby certify that lot number (s) 295
on Streec (s)
do conform to layout as shown on De iniCive Plan entitled 4r
** Plan entitled "Definitive Subdivision Plan Being a Subdivision
of Lot 292 shown on Land Court Plan 3263�' -
Register Land Surveyor
1 of 2
7
c. The Town of North Andover, a municipal corporation situated
in the County of Essex, Commonwealth of Massachusetts,
acting by its duly organized Planning Board, holder of a
► 19 ►
and/or Covenant dated July 7 , 1993 19 from
S & S Builders , Inc, toof the City Town of North Andover
County, Massachusetts recorded with
the District Deeds, Book ,
Page or registered in Land Registry District as
Document No. 56521 and noted on Certificate of Title No.
11718 in Registration Book, 88 , Page 77
acknowledges satisfaction of the terms thereof and hereby
releases its right, title and interest in the lots
designated on said plan as follows:
Lot #295
EXECUTED as a sealed instrument this �] day 'of _
19 q3
Majority of the
Planning Board
of the Town of r
North Andover
COMMONWEALTH OF MASSACHUSETTS
s s �� ! _ 19
Then personally appeared one of the above
members of the Planning Board of the Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be tha
free act and deed of said Planning Board, before me .
Notary Pub iG
►dEy Commission Expires June 24,)M
My Commission Expires
2 of 2
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
S & S Builders , Inc . ,
Alfred Saraceno , Pres . & Treas . of 65 Salem Street-, Lawrence ,
County , Massachusetts ; for the
consideration of 1 . 00 hereby grants , transfers and
delivers unto the town of Wor tr Ll
� frnrtaver, I Main Street, North �Aradover
municipal corporation in County , the'
fol1owinq ;
A. The perpetual rights and easements to construct , inspect , repair ,
remove , replace , operate and forever maintain ( 1 ) a sanitary sewer
or sewers with any manholes , pipes , conduits and other appurtenan -
ces , ( 2 ) pipes , conduits and their appurtenances for the conveyance
or water , and (3) a covered surface and ground water dram or drains
with any manholes , pipes , conduits and their appurtenances , and to
- do all other acts incidental to the foregoing' , including the right
to pass alona and over the land for the aforesaid purposes , in ,
through--, and under the whole of ** Those ortio of ots 293 ,
,4,R+e—\'d , said plan is made and said p an is
incorpprated herein for a complete and detailed description of said
roads .
'0 . The perpetual rights and easement te use fG-r
the fe ! ! WVV 111 'i 'eel of land situated 9;;
t in said town e
d bounMd ant demri bed as f�i i,ows
* 294 ,&; 2� toget er wi h tShe fee under ying Booth St. for the purposes hereo
as shown on a plan entitled "Definitive Subdivision Plan, being a subdivisi
of Lot 292 shown on Land Court Plan 3263F" located in North Andover,
Applicatn S & S Builders , Inc . , dated Jan. 1 , 1.993 , revised May 28 , 1993
and recorded herewith.
The grantor warrants that the aforesaid easements are free and clear
of all liens or encumbrances , that he ( it ) has good tiAle to trans -
fer the same , and that -he will defend the same against claims of all
persons .
For grantor ' s te see deed from Charles W. & Lorna U. McDonald
dated Juh
y 8 , 1993 I , and recorded to
North F.Ssex District Regis try of Deeds , Book
HekFU;,,1r1-f Page or under Ger-tifieate of Title N
e
To
-aee emists :be completed if et mert'.
Page - t
.
( Page 1 of 2 )
IN WITNESS WHEREOF , we have hereunto set out hands and
seals this 8th day of July, 1993 .
Autherrieed signaler-e—e€ +fd
& S Builders , Inc .
MgEt age—e raceno , Pres. & Treas .
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS JULY 8 , 1993
Then personally appeared the above nerved Alfred Saraceno ,
Pres . & Treas . -and acknowledged the foregoing to be his free act and
deed , before me .
NOTARY PUBLIC
My commission e ires :• --77
NOTE: This conveyance is not effective until accepted by Town Meeting
or the Board of Selectmen. ,
1
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
S & S Builders , Inc. ,
Alfred Saraceno , Pres . & 'areas . ! of 65 Salem Street Lawrence ,
—, County , Massachusetts ; for the
'co n �sideration of hereby grants , transfers and
delivers unto the town of er, 12U Main Street, North 11 ArAdover
municipal corporation in - County , We
following y ,
A. The perpetual rights. and easements to construct , inspect , repair ,
remove , replace , operate and forever maintain ( 1 ) a sanitary sewer
or sewers with any manholes , pipes , conduits and other appurtenan -.
ces , ( 2 ) pipes , conduits and their appurtenances for the conveyance
of water , and ( 3) a covered surface and ground water drain or drains
with any manholes , pipes , conduits and their appurtenances , and to
- - _ do all other acts incidental to the foregoing , including the right
to pass along and over the land for the aforesaid purposes , in ,
through--, and under the whole of ** Those Dortions of Lots
4_8+" said p an � s made and said p an i s
incorpgrateT_here1n far a- camp ete and detailed description of said
roads .
id--i 9la n-
d bounMd ant de cribed as follows
* 294 ,&12�n5 toget er wi h t e fee underlying Booth St, for the purposes hereof
as shown on a plan entitled "Definitive Subdivision Plan; being a subdivision
of Lot 292 shown on Land Court Plan 3263F" located in North Andover,
Applicatn S & S Builders , Inc. , dated Jan. 1 , 1.993 , revised May 28 , 1993
Fo ty 7-;7-F -Se.T IFS a r a 9 3 13al T' 75 C'��r. # /l 7i 7
7 .F!r 77 C r� T- 0 i / 7 i
The grantor warrants that the aforesaid easements are free and clear
of all liens or encumbrances , that he' ( it ) has good tittle to trans -
fer the same , and that -he will defend the same against, claims of ail
persons .
For grantor ' s title see deed from Charles W. & Lorna U. McDonald
dated July 8 , 1993 /J,5 r71%V 1 _ an recorded n
a District Registry of Deeds , Book
-in -- !1 i.n t_r ti -t
e
iJ t """'"'"7��II7�I� �a'��-4/.F—ri�J .
.1rr
nra-i i� —B A s S C`� c�,--h'i i-e-h—M)1_ '_-&-9
! AW !Gr
_�_� ! • 11_f"""'4 . "1'`" vJ1....n C 9 Y r� m nr �n�g-- `vnZ�-M+ '�7 t S
( Page 1 of 2 )
IN WITNESS WHEREOF , we have hereunto set out hands and
seals this 8th day of July, 1993 . ,
r-yL�lr.��r. �'%S ✓-%.irk
: ueea�—sgnal� e—�f Oran 8 & S. Builders , Inc.
Alf d Saraceno , Pres. & Treas.
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS JULY 8 , 1993
Then personally appeared the above nerved Alfred Saraceno,
Pres. & Treas . -and acknowledged the foregoing to be his free act and
deed , before me .
NOTARY PUBLIC
My commission e fires :- /
NOTE: This conveyance is not effective until accepted by Town Meeting
or the Board of Selectmen. ., ti ,'
QY Zs lZ 03 PH 193 r- �
r
EASEMENT
Now comes S & S Builders , Inc. , A�fxe Saran -n� Psi. -� t
and—G're-ast ---e-r , a Massachusetts corporation with a usual place
of business at 65 Salem Street, Lawrence , Massachusetts
o and
does hereby grant to the Town f North Andover , its heirs ,
successors and assigns , an easement to utilize Booth Street
together with that portion of Lot 295 as is identified as a
Right of Way Easement for all purposes for which ways are used
in the Town of North Andover including the right to pass and
repass , Booth Street and the Right of Way over Lot 295 are
further shown on a plan entitled "Definitive Subdivision Plan
Being a Subdivision of Lot 292 Shown on Land Court Plan #3263E"
Located in North Andover, Massachusetts , Applicant : S & S
Builders , Inc , , dated: ,Ian. 1 . 1993 , revised May 28, 1993 ,
Christiansen &. Sergi. , professional engineers , and recorded with
the North Essex Registry of Deeds , herewith.
This grant of Easement and Right of Way as to Booth Street
is unlimited. The Right of Way as exists over Lot 295 is'
intended to be temporary and shall terminate upon any further
subdivision plan as may be recorded in the North Essex Registry
of Deeds showing future extensions of Booth Street ,
For title of the Grantor see deed of Charles W. McDonald
and Lorna U. McDonald dated July 8, 1993 and recorded in the
North Essex Registry of Deeds , herewit 17id
Signed this T/-1 day of NUCr /3'f�C/Z 1993 .
S & S Builders , Inc .
1 red Saraceno, Pres . & Trea.
COMMONWEALTH OF MASSACHUSETTS
Essex
Then personally appeared the above med, Alfred Saraceno;
President & Treasurer and acknowledge t e forego ' instrument
to be their free act and deed, be -or e
i
otary Pub
My commission Tres : c
LAW OFFICES OF
M-PH R. JOYCE
95 MAIN STREET
H ANDOVER,MA 01845
(508)685.4655
FAX:(500)695.314E
rQtI
J V
lot
CO
i
i
EASEMENT
Now come Gerald M. Camuso and Margaret Ann Camuso of 124
Blueberry Hill Lane , North Andover , Massachusetts , hereinafter
referred to as the Grantor
and in consideration of Four Thousand ( $4, 000 . 00 ) Dollars plus
other good and valuable considerations
does hereby grant to S & S Builders , Inc . , a Massachusetts
corporation with a usual place of business at 65 Salem .Street ,
Lawrence , Massachusetts , and the Town of North Andover , a
Massachusetts municipal corporation with a usual place of !
business at 120 Main Street , North Andover , Massachusetts ,
hereinafter referred to as the Grantees ,
i
i
the perpetual right and easement to pass and repass and to make i
all use for the purposes of extending the municipal water main
through that portion of an easement shown on " Easement Plan of
Land Loctated in North Andover, MA. Prepared for S & S Builders
& Gerald M. Camuso, et al " dated 09-27--93 , revised 10-01 -93 ,
Christiansen & Sergi , Professional Engineers Land Surveyors ,
and recorded herewith . The area encumbered by this easement
shall be a 10 ' wide 'water easment as shown on said plan
together with a 10' wide construction easement appurtenant
thereto. The express purpose of the easement is to extend the
municipal water main from Blueberry Hill Lane across the
existing Utility and Access Easement through to Wesley Street .
This easement is limited to this purpose .
Also conveyed herewith is all right , title and interest as may
exist without warranty to use the existing utility and access
easement as shown on said plan and further defined in Land
Court Certificate of Title #9066.
The Grantees and their heirs, successors and assigns and all ',
persons acting under this right , whomsoever exercises the
rights conveyed herein , shall restore the premises to the
condition that existed immediately prior to the exercise of any
rights contained herein including , but not limited to, the =.
replacement of trees , lawns , fences , stone walls and all
landscape amenities and the viabilitiy and continued health of
any such existing or replaced landscape items.
For title of the Grantors see Certificate of Title #11372
recorded in the North Essex Registry of Deeds in Book 84, Page
293 .
..AW OFFICES OF
',-PHR. JOYCE WI NESS my ha d nd seal this 'Ft4 day 1993
,s5 MAIN STREET ,
iI ANDOVER,MA 01846 f
{508)685-4555
AX:(508)085.3148 -
it ss e ald M. Ca so 1
r
M�arga- et .�nn Cam
COMMONWEALTH OF MASSACHUSETTS
Essex
Then personally appeared the above named , C-� ►'fit a V-(' G1j'A46156
AMA) C-fq"C 454
and acknowledged the foregoi n nst rumen t b 77�4tf? free act
and deed , before me
No ary Publ '
commiss ' n expi es : ����,� (tIC/C,
-•—r• r• r - nr.
LAW OFFICES OF
RALPH R. JOYCE
95 MAIN STREET
NORTH ANDOVER,MA 01845 f!=:?. �-�•:�:, t
(608)665-4555 is t�;•r, .. s s+n c:'1
FAX:(508)685.3146
tj;.,'u1�:�'rtltSt3 ,i.w .ff y
�l
Yar1