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HomeMy WebLinkAbout1994-02-01 Legal Documents DEF SUB PRD twoW5.t5.5i7;x0 iiiaU:".S.tC19:�VlfAttcSt�=a.iouiC)tti',�a•�l:�IV: kI_0'l 1. r,t t f IORM J RELEAgS FORS! 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 gays and municipal services called for the -Pe EferJaffee-Bead-e*-S�t�ei~}�-a:�cl -rat-+�c� —_4------ ----------------- by the Covenant dated —� , . 19 9A_ and recorded in District Deeds , .book �Q�Z_ _� Page _-- - . ---------_-------._......_ -���i-�e.i;e�k-e�-�;�rti€a �ata-of-T�t�a-•AI•ar-•_----i'!�---- nape----------; has been completed/ partially completed , to the satisfaction of the Planning Hoard to adequately serve the enumerated lots shown on Plan entitled Foxwood in North Andover 8eetiohtm _---- Plan dated May 1993 rev. 12/3 1993 recorded by the Essex North- F _— — Registry of Deeds, }.plan-Beek 12371 _--•, -1?��e- ��--r»���.�-t�-r��l-y:�-e���-nand-�f�eq�et�y-9�at��e�;_n1-are-Bear----•--.�_ - ---------- and said lots are hereby released from the restriction as to sale and building specified thereon . ;I Lo ts designated on said Plan as follows : (Lot Number( : ) ant; i street ( s ) ) f inclusive Lots 8-17/and 40-45 inclusive . Wevland _�ircJ e- ------�--__ _�_-- Lots 3 , 4, 5 , 6 ,_ 7 , 39 , & 46 Foxwood Drive b . ( To be attested to 5y a Registered Land Surveyor ) �f , inclusive I hereby certify that lot number( s ) ImIllh,nd 40-45►_inclusivE l 011 •-_JjQvlandCircle an 5 . 6 . 7.___3.9_& _46 Foxwood Driver do nop oi:m to layout as shown on Defini ive Plan entitled � ReC a Ad. Su�'` S'T",F'sri&!Ci 1d0,�Xa7� a, f I Page _ of Z 4 '��' t,tA►�� I • 1 • 'The Town of North Andover, a municipal corpol ition situated In the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder e -a-Pe a ranee-Bes4 -oi- ---------------------- Covenant dated Ma,--arch 15 ' 1993 from Summer Street Realty Trust of the City/Town of North Andover Essex County, Maasachusettcs recorded with the �sse rth District Ueedz , BOOk _4n1f17- Page �254 � -��x �elt3s�era�-��-����►�i-���� s���+-{��������-��-���s�d�e�� in 011104 t-i.-o3r-GOSAV----- acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows : inclusive Lots V171/ and 40-45 , inclusive , Weyland Circle and Lots 3, 4., `5 , 6 , 7 ,39 &. 46 Boxwood Drive EXECUTED as a sealed instrument this AT day of _ 1'194 � Majority of the 601 . 4K41_-_.. Planning Board - Aw of the Toren of 14 rLt12 North Andover _ t1 'YL�'�'?/ !'r` /C'�.C%s', (:vldMUt`lWEALTH Of MASSACHUSETTS Essex S a . __ 4.-• Then personally appeared �lL'f�f�/��. ��Lr=GCf�__-__, one of the abov:a members of the Planning Board of the 'mown of North Andover, Massachusetts and acknowledged the foregoing instrument to be the frega ace_ and deed of ,said Planning Board, before me . 1 7`q��,��- L• �,�Zzi� Notary Public Hy C omminsinn Empire 06/21 '94 15:15 1D:50 MILK, i 617--350-7101 FAX. PAGE 2 -------- FORM J LOT RELIMSE The undersigned, being a majority of the Planning Board of the mown Of North Andover, Massaohusotts, hereby certify that-, a. The requirements for the construction of ways -and municipal 50rv.ices called 4_ and4QV by the Covenant dated 2-9 94 and recorded in District Deeds, Book 40p7 _r i'2ige 250 � row yeq1r, �Gl has been completed/partially compMed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled ll oxwaod in North Andover n Plan dated may 1993 Rev, 12 9 , 19 93 recorded by thi }:ssex North Registry of Deeds, plan Bgek12371d--6'WA Plan Rook , and said lots are hereby released from the restr cMn as to sake and building specified thereon, Lots designated on said Plan as follows ; (Lot Number (s) and street(s) ) 2, #, 47 & 48 Foxwood Drive r t b. (To be attested by a Registered Land Surveyor) I hereby certify that lot number (s) 2, 3, 47 & 48 on Foxwood Drive do con£ox`m to layout as shown on Definitive ► n nt 1,dam) Foxwood in North Andover !, M Reg ste lwv6yor a of 2 ,4 15:16 11):50 MILK 617-350-7101 FAX: PACE 3 i 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 e9 B covenant dated Marc}t , 19 93 Summer Street �ea1k Trusk of the City/Town of Nordrtl Andover from Essex , County, Massachusetts recorded with the saex Narth District Deeds', Book 4007 , page 2 50 �, # -A�►, Rage satisfaction of the terms thereof and'hereby' releases its right, title and interest in the lots designated on said plan as f ©wee 2 47 & 48 EXECUTEb as a sealed instrument this —2y—�day Of ,Julie , 1944 �f/ 7 Majority of the ' G'(.CC(.��• " C Planning Board, of the Town of North Andover COXXONWBALTH OF HASSACHUDETTS ESSF:X � sg Julie 19 94 Then personally appeared SosEE14__MAHc>A)SY one of the above members of the Planning Beard 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. (/Notary publics A �4M,t) My 2 mmiss can Exp rem$ � 2 of 2 OPEN SPACE DEED Franklin S. Davis, Trustee of Summer Street Realty Trust, under Declaration of Trust dated January 25, 1993, and recorded at the Essex North District Registry of Deeds in Book 3676, Page 52 ("Grantor") for consideration paid but for no monetary donsideration grants to the Town of North Andover, a Massachusetts Municipal Corporation ("Grantee") of 120 Main Street, North Andover, Massachusetts 01845, acting by and through its Conservation Commission for conservation purposes under M.G.L. 0.40, §8C but not as a charitable Trust, with QUITCLAIM COVENANTS The land shown as Parcel A and Parcel B and denoted as "Open Space" on Plan of Land entitled "Definitive And Special Permit Plan Foxwood in North Andover, Mass." Owned &Developed by Summer Street Realty Trust 733 Turnpike Street-Suite 209, North Andover, MA. 01845. Scale 1"=40', May, 1993, Rev. 12-9-93, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810. Said plan recorded with the Essex North District Registry of Deeds as Plan No. 12371. Said Parcel A contains 2.5332 acres more or less according to said plan. Said Parcel B contains 33.0239 acres more or less according to said plan. Said Parcel is hereby conveyed to Grantee under the provisions of M.G.L. c.40 §8C to be managed and controlled by the Conservation Commission of the Grantee for the promotion and development of the natural resources and protection of water shed resources of the Town of North Andover, Massachusetts. I, the undersigned Trustee of Summer Street Realty Trust under Declaration of Trust dated January 25, 1993 and recorded at the Essex North District Registry of Deeds in Book 3676, Page 52; CERTIFY AS FOLLOWS, that (5) the undersigned Franklin S. Davis is the sole trustee of the trust; (6) that the trust remains in full force; (7) that all the beneficiaries of the Trust have duly directed the Trustee, Franklin S. Davis, to execute this document; and (8) all the beneficiaries are of legal age, all the beneficiaries are competent and all the beneficiaries have authorized and directed this transfer for nominal consideration. 13 CAWINDOWS\Temporary fntcnlet FileslOLKFt041Agrcernent-roxwood8-28revl.doc IN WITNESS WHEREOF, the said Summer Street Realty Trust has caused this document to be executed as a sealed instrument and in these presents to be signed, acknowledged and delivered in its name and behalf by Franklin S. Davis, Trustee duly authorized this / day of September, 2002. SUMMER STREET REALTYTRUST itness aF—ranklin S. Da s, Trustec COMMONWEALTH OF MASSACHUSETTS ESSEX, ss September/3 2002 Then personally appeared the above named Franklin S. Davis, Trustee of Summer Street Realty Trust and acknowledged the foregoing to be his free act and deed and that of said Summer Street Realty Trust, before me, Lary Public My Commission Expires: Post Office Address of Grantee: CIO North Andover Conservation Commission Town Hall 120 Main Street North Andover, MA 01845 Street Address of Property Parcels A &B, Plan#12371 North Andover, MA 01845 14 CAWtNDOWSUemporary intemee FilesIOLKF1041 Agreement-foxwood8-28revl.doc APPROVAL OF SELECTMEN We, the undersigned Board of Selectmen of the Town of North Andover, Massachusetts, pursuant to MGL c40 , § 8C approve the foregoing conveyance to said Town. COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. , 2002 Then personally appeared the above-named , and and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of North Andover, before me, Notary Public My CommissiOD expires: 15 CAWINDQWSWemporary Intmet FilesloLt{Fl04\Agreement-foxwood8-28revl.doc i APPROVAL OF THE CONSERVATION COMMISSION We, the undersigned Conservation Commission of the Town of North Andover, Massachusetts pursuant to Massachusetts General Laws Chapter 40 Section 8C approve the foregoing conveyance to said Town. COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. , 2002 Then personally appeared the above-named and and acknowledged the foregoing instrument to be free act and deed and the free act and deed of the Conservation Commission of the Town of North Andover, before me, Notary Public My Commission expires: F:\DOCS\LITIG\I:v6ROREE\op-deed.doc 16 C:\WNDOWSMrnporary Inteniet Files\OLKFC 104\Agreement-foxrvood8-28rev1.doe STREET DEED - j Franklin S. Davis, Trustee of Summer Street Realty Tru c ar766hf Trust dated January 25, 1993, and recorded at the Essex North District Registry of Deeds in Book 3676, Page 52 ("Grantor") for consideration paid but for no monetary consideration grants to the Town of North Andover, a Massachusetts Municipal Corporation ("Grantee") of 120 Main St, North Andover, Massachusetts 01845, with QUITCLAIM COVENANTS The fee in the roadways shown as Foxwood Drive and Weyland Circle on Plan of Land entitled "Definitive And Special Permit Plan Foxwood in North Andover, Mass." Owned &Developed by Summer Street Realty Trust 733 Turnpike Street-Suite 209, North Andover, MA. 01-845. Scale 1"=-40', May, 1993, Rev. 12-9-93, Merrimack Engineering Services, 66 Park Street, Andover,Massachusetts 01810. Said plan recorded with the Essex North District Registry of Deeds as Plan No. 12371. 1, the undersigned Trustee of Summer Street Realty Trust under Declaration of Trust dated January 25, 1993 and recorded at the Essex North District Registry of Deeds in Book 3676, Page 52; CERTIFY AS FOLLOWS, that (J) the undersigned Franklin S. Davis is the sole trustee of the trust- (2) that the trust remains in fall force; (3) that all the beneficiaries of the Trust have duly directed the Trustee, Franklin S. Davis, to execute this document; and (4) all the beneficiaries are of legal age, all the beneficiaries are competent and all the beneficiaries have authorized and directed this transfer for nominal consideration. 10 CAW INDQWS\Temporary In€emet Files\oLKFI 04\Agreement-foxwood8-28revl.doc TN WITNESS WHEREOF, the said Summer Sheet Realty Trust has caused this document to be executed as a sealed instrument and in these presents to be signed, acknowledged and delivered in its name and behalf by Franklin S. Davis, Trastec duly authorized this day of September, 2002. SUMMER STREET REALTY TRUST LAW, Witness y: i stee COMMONWEALTH OF MASSACHUSETTS ESSEX, ss September 13 , 2002 Then personally appeared the above named Franklin S. Davis, Trustee of Summer Street Realty Trust and acknowledged the foregoing to be his free act and deed and that of said Summer Street Realty Trust, before me, Notary Public My Commission Expires: b Post Office Address of Grantee: C/O Town of North Andover Town Hall 120 Main Street North Andover, MA 01845 Street Address of Property Foxwood Drive and Weyland Circle North Andover, MA 01845 11 C:iWrNI)OWS Temporary Internet Files\OLKI'104\Agreement-foxwoodS-28rev1.doc APPROVAL OF SELECTMEN (D 00 ply We, the undersigned Board of Selectmen of the Town of North Andover, Massachusetts, , approve the foregoing conveyance to said Town. COMMONWEALTH OF MA.SSACHUSETTS ESSEX, ss. , 2002 Then personally appeared the above-named , a , and and acknowledged the foregoing instratnent to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of North Andover, before me, Notary Public My Commission expires; 12 CA NDOWMTemporary lntemet FileskOLKFlO4\Agreement-foxwood8-28revl.doo OPEN SPACED EED Franklin S. Davis, Trustee of Summer Street Realty Trust, under Declaration of Trust dated January 25, 1993, and recorded at the Essex North District Registry of Deeds in Book 3676, Page 52 ("Grantor") i for consideration paid but for no monetary consideration grants to the Town of North Andover, a Massachusetts Municipal Corporation ("Grantee") of 120 Main Street, North Andover, Massachusetts 01845, acting by and through its Conservation Commission for conservation purposes under M.G.L. c.40, §8C but not as a charitable Trust, with QUITCLAIM COVENANTS The land shown as Parcel A and Parcel B and denoted as "Open Space" on Plan of Land entitled "Definitive And Special Permit Plan Foxwood in North Andover, Mass." Owned &Developed by Summer Street Realty Trust 733 Turnpike Street-Suite 209, North Andover, MA. 01845. Scale 1"=40%May, 1993, Rev. 12-9-93, Merrimack Engineering Services, 66 Park Street,Andover, Massachusetts 01810. Said plan recorded with the Essex North District Registry of Deeds as Plan No. 12371. Said.Parcel A contains 2.5332 acres more or less according to said plan. Said Parcel B contains 33.0239 acres more or less according to said plan. ..Said Parcel is hereby conveyed to Grantee under the provisions ofM.G.L. c.40 §8C to be managed and controlled by the Conservation Commission of the Grantee for the promotion and development of the natural resources and protection of water shed resources of the Town of North Andover, Massachusetts. Z, the undersigned Trustee of Summer Street Realty Trust under Declaration of Trust dated January 25, 1993 and recorded at the Essex North District Registry of Deeds in Book 3676, Page 52; CERTIFY AS FOLLOWS, that (5) the undersigned Franklin S. Davis is the sole trustee of the trust; (6) that the trust remains in full force; (7) that all the beneficiaries of the Trust have duly directed the Trustee, Franklin S. Davis, to execute this document; and (8) all the beneficiaries arc of legal age, all the beneficiaries are competent and all the beneficiaries have authorized and directed this transfer for nominal consideration. 13 C:IWINDOWSXTemporary Internet FslesIOUFI0AAgrecment-1'oxwood8-28revl.doc i gnn IN'WITNESS WHEREOF, the said Summer Street Realty Trust has caused this document to be executed as a sealed instrument and in these presents to be signed, acknowledged and delivered in its name and behalf by Franklin S. Davis, Trustee duly authorized this ! day of September, 2002. SUMMER STREET REALTYTRUST fi tness y: 2FrankalinS.Ws, ee COMMONWEALTH OF MASSACHUSETTS ESSEX, ss September/ , 2002 Then personally appeared the above named Franklin S. Davis, Trustee of Sumiue. r Street Realty Trust and acknowledged the foregoing to be his free act and deed and that of said Summer Street Realty Trust, before me, jtai-yPublic My Commission. Expires: Post Office Address of Grantee: C/O North Andover Conservation Commission Town Hall 120 Main Street North Andover, MA 01845 Street Address of Property Parcels A &B, Plan#12371 North Andover, MA 01845 14 CAWIA DOWSVemporary Internet Files\OLK.F1041A8reemesit-£oxwood8-28revl.doc APPROVAL OF SELECTMEN . We, the undersigned Board of Selectmen of the Town of North Andover, Massachusetts, pursuant to MGL c40 , § 8C approve the foregoing conveyance to said Town. i COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. , 2002 Then personally appeared the above-named a , and and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of North Andover, before me, Notary Public My Commission expires; 15 C:IWINDOWMetnporary Internet FileslOLK.F1044Areemertt-foxwood8-28revl,doc APPROVAL OF THE CONSERVATION COMMISSION We, the undersigned Conservation Commission of the Town of North Andover, Massachusetts pursuant to Massachusetts General Laws Chapter 40 Section 8C approve the foregoing conveyance to said Town. COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. 2002 Then personally appeared the above-named and and acknowledged the foregoing instrument to be free act and deed and the free act and deed of the Conservation Commission of the Town of North Andover, before me, Notary Public My Commission expires: F:iDOCSILITIGIE V ERGREF,\op-deed.doc 16 C:1W1NDOWSWomporary Internet FileskOLKF1041Agreemenf-foxwood8-28rev1,doe FORM 250 COVENANT March 15 , 19 94 N. Andover AVOW ALL MEN by these presents that the undersigned ::aA& submitted . an appl i caticn dated November 15 1993 . , to the NC:UT: ANDOV .R PLANNING BOARD fcr approval a. Definitive Plan cf a subdivision of land entitled: Foxwood in Forth Andover , plan by: Wrimack EnSin;2ring Services , dated: May 1993, Revised 12/-9/93 owned by : Summer Street Realty Trust , address: 733 Turnpike Street, ?north Andover, land located : Surzier and Salem Streets, ?north Andover Kk , and shc%ging &9 proccsed lots The undersigned has regt:ested the Planning BArd to approve such plan , withcut requiring a perUr ;ance bond. IN CONS1DE'-.i'lON of, said Planning Board of NCRTH ANDOVER, in the county of =SSEX apprcying said plan without requiring a perfor`:ince hc:,d, t:;e undersigned , 'hereby cove rants and agrees with the inhabitants of the town as follows . 1 . That the undersigned is the *c:tiner in fee QmPle absolute of all the land included - in the sL:AIV ciPn i and that there are no mortgages of record or--,Otherwise A on any lard, except for those described below, and % the present holders of said mortgages have assented t i this con-ract prior to its execution by th f undersigned. 4 , t Qf there is :yore than one owner, all Aust sig. "Applicant" may be an owner or his agent of recor c must sign the covenant. G 2 . That 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 the ways and installation of municipal services necessary to adequatily • serve ' such . lot has been completed in accordance with the covenants , conditions, agreements, terns and provisions a8 specified in the following: a. The Application for Approval of , Definitive Plan (Form C) . b. The Subdivision Control. Law and the . Planning Board ' s Rules and Regulations . governing this subdivision. 1 of 5 ** Notwithstanding anything set forth- in this Wenant, the covenants, agreements, and restrictions set forth herein shall not apply to LotsY l and 49 as shown in the aforesaid Definitive Plan. r i c . = e? Certificate of Approval and the conditions of approval specifiedgtherein , issued by the Planning card , dated February 1 , 1994 d. The Definitive Plan as apprc%,ed and as c-L:alified by Certificate of Approval . e . Gt; er dec ment (s) specifically constructicn to he completed , namely , However, a ncrt aqe who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mcrtgagsd prenises or Gary.. thereof :.ay sell cr convey any let , subject Only to that Port" of this Covenant which provided that no lot he sold cr conveyed or shall he built upon until ways and services have been provided to serve such lot . 3 . That this covenant she'll he binding upcn the executors , administrators , devisees , -heirs , successors and assigns the te undersigned and shall constitute a covenant running with the land included in" the su Division and shall operate as re strict_cns upon the land . That particular lots Within t;.e v'� �di'J?5_Gl ' s„all he released from the foregoing conditions upon the recording of a certificate of perfcroance executed by a najcrity of . the Planning :card and enumerating the specific lots to he released . 5 . That nothing herein shall he 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 Essex ;north County Registry of Keds , forthwith, or to pay the necessary recording fees to the said Planning Board in the event the Planning Board shall record this a.greenent 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 he 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 31-U, Chapter 41 , M. G. L. 2 of 5 - a . That this covenant shall be executed before endorsement of approval of the dKinitive plan by the planning Board and shall take effect upon the en crser:er,t of approval . Said covenant shall expire two years from the date of the endorsement of the definitive plan . 9 . Upon final ccnpleticn of the construction of ways and installation of ...unici al services as specified herein , on or before March f 1996 , the Planning Ecard shall release this covenant by an ap_prcpriate ins:nment , duly acknowledged . Failure to ccoplete constructicn. and installation within the tine specified herein or such late]: Cate as may be specified by of the rlannimq Board with a written concurrence of the applicant , shall result in automatic rescissicn. of the apprcyal of the plan . Upon perOr`ance of this covenant with respect to any lcr , the Planning ^ca d may release such lot from this ccvenant by an a_r_prcpriate instr: nent duly recorded . J.O . Nothing herein shall prohibit the applicant from varying the ;;,ethod of securing the ccnstruction or ways and installaticn of --unici_al services from ti=e to time or from securing by cne, or fn part by one and in part by another of the nez-hods described in -'t- G . L. Cha;ter 41 , Section 81-U, as long as such security is suMCient in the opinion of the planning Board to SC- cure performance of tF] e construction and installation . For title to the property, see deed from John A. HA as and Sophie J_ Kozdras ,_-_-__ _ dated March _�1�9� , recorded in Essex North registry of Deeds , Bock , ,C a q e rregis 1•..,r 7 - r ra title . t Ye . }..a The present holder of a mortgage upon the property is _N/A of The mortgage is dated and recorded in Registry of Deeds , Book _, Rage , or registered in Land Registry as Document No. , and noted on certificate of title no. , in Registration Book , page The mortgagee agrees to hold the mortgage subject to the covenants set forth above and agrees that the covenants shall have the sane status, force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant. 3 of 5 ;N/A , spouse of the undersigned applicant hereby agrees that such inter'eWN as I , we, nay have in the premises shall he subject to the provisions of this covenant and insofar as is necessary releases all rights of tenancy by the dower of honestead and other interest'. therein . IN WIT'.,\ �,hEm7OF we gave hereunto set our hands and seals t'�is h Y of ?larch , 19 94 Summer Street Real _Trust c'w1:e Thomas D. Laudani, as Trustee and not individually !� '� �"✓� ` Lam' N/A Spc-,;se of Owner N/A Xcrtcace ccepta ce by a lajcrit:y of the Planning Beard of A10AM AA U Ve R _ COM-1-MI:'WEALTH OF MASSACFUS`TTS ESSEX , ss march ► 19 24 Then personally appeared before -me the above named Thomas D. Laudani, Trustee as aforesaid and- acknowledged the foregoing inst.zunent tb be his free act and deed . - C- Notary Public My Commission Expires : LINO Notary Public My Commission fxLwus Fe-ruary 24,2000 COIL ONK•EALTH OF NASSACHUSETTS FSS X ► ss MA6C H 15 , 19 . Then personally appeared before me the above named :JoS eH- _ M AHMP-V and acknowledged the foregoing instrument to be Hl free act and deed. Totary Public-T- A)6-rr A. tly Commission Expires: cSEP'-'- '9, _Z921/_ 4 of 5 i E COMIMAOIN EALTH OF 1':ASSrCHUSETTS MfiRCH AS`, 19 94 Then ersonally appeared before :;:e the above na oed �_Jtµ $iPVNS and acknowledged the fcregoing zr�stru.;,ent to be free act and deed. notary rubiic My Com-missicn Expires : :'FPT g / Q C0I,3•:CNKEALTH OF l.LkSSrCFbS TTS ! s sAIRE H /s r 19 � Then perscnally appeared before me the above nar,ed 0,//A/D _ fl and ackncwledged' the foregoing instrument to be ZY 15 free act and deed. L rotary r�ublic �Au , �. R7DrC1 My Conmission Expires : 9, 5 of 5 i 257 GRANT OF EASEMENT I, Thomas D. Laudani, Trustee of Summer Street Realty Trust u/d/t dated January 25, 1993 and recorded with the Essex North Registry of Deeds in Book 3676, Page 52, for consideration paid of One Dollar ($1.00), hereby grant to the Inhabitants of the Town of North Andover, Essex County, Massachusetts, an easement to pass and repass)on and over the ways known as Foxwood Drive.and Weyland Circle and to use said ways for all purposes for which streets and ways are cominonly used in North Andover, 0 Massachusetts, Foxwood Drive and Weyland Circle are more particularly described on a plan entitled "Definitive and Special Permit Plan, Foxwood in North Andover, Mass., Owned and Developed by Summer Street Realty Trust," which plants filed with Essex North Deeds as Plan No. 23 . For title reference see deed of John A. Kozdras and Sophie J. Kozdras dated March t$ 1994 and recorded with Essex North Deeds, herewith. Executed as a sealed instrument the 1 Sday of March, 1994. co Summer Street Realty Trust � mas D. Lauda r, as Trustee M2 and not individually COMMONWEALTH OF MASSACHUSETTS Essex, ss , . March 1�, 1994 Then personally appeared before me the above named Thomas D. Laudani, Trustee as aforesaid and acknowledged the foregoing instrument.to be his free act and deed. ? ; Notary,'Public �. `�' "Ivry Commission Ex'ires: 'J c' ctF ,, i j c±, • NOTE: THIS CONVEYANCE I� NOT EFFECTIVE.,UN.TIL ACCEPTED BY TOWN MEETING. `' f FOR'►I CO1E `A'�CE OF 1r.k5E11E\TS AM-UTILITIES Summer Street Realty Trust - ofo"ner)of Nnrth Andover. _>Js_sex County;Massachusetts; for the consideration of $10.00 , hereby grants, transfers and deliv4is unto the 'Town of North Andover, a mt nicipal corporation in Essex County, the follo\.ing: 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 appurtenances, (2) pipes, conduits 2r,d their appurtenances for the conveyance of water, and (3) a covered surface and � ground water drain or drains with any Fna;holes, 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 t'e aforesaid purposes, in, through, and t.=nder the whole of ,XXXYXxd:Said plan is incorporated herein for a complete and detailed description of said roads. rd� rX3��1I �f� .�kl� * Foxwood Drive and WeylAnd, Circle as shown on a plan entitled "Definitive W and Special Permit plan, Foxwood in North Andover, Mass. ;• Owned and Developed ' � by Summer Street Realty Tr'ust," which plan is dated Mai; 1993, revised 12/9/93,' and recorded with Essex North Deeds as Plan -No. B. A drainage easement over and across Lots 29 and 30 and Parcel B as -� shown on the aforesaid Definitve and Special permit Plan. C. A drainage eas me t oyr r and acros Lot 1 2, 4 nd 5 and parcel A a shown ** The grantor warrants that Me :ioTesala easements are free andscle'r of all dens or encumbrances, That�ie (st) has good title to transfer the same, and that he will defend the same against claims of all persons. For grantor's title see deed from John & Sophie_ Ko.sdras dated March , 19 recorded in Essex North District Registry of Deeds, k. herewith x?q12L , This is not a homestead property. To be completed if a mortgage exists; And N/A the present holder of a mortgage on the above described land, which mortgage is dated , 19 - and recorded in said Deeds,Book ,Page ,for consideration paid,hereby releases unto the Town forever from the operation of said mortgages, the rights and easements herein above granted and assents thereto, Summer Street Realty Trust N/A B Authorized signature of?Mortgagee Otvn omas D. Laudani, as Trustee and not individually IN \iITNESS WHEREOF we have hereto set our hands .and seals this ` '�6' � day of March , 19 94 ** on the aforesaid Definitive And Special Permit Plan. D. A retaining wall road easement over and across Lots 5 and 6 and parcel A , as shown on the aforesaid Definitve and Special Permit Plan. f I f CO)EMN` NTZAL.TH OF �IASSACHUSETTS ESSEX , ss Marche, 19 94 Then personally -ppcued I;e ,be\-e named Thounas D. Laudani and acknowledced ,he fereI!OsAng 10 'Le his free act and deed, be!'cre r,.e. Nc+lr.ry r sb!ic LINDA E.MARKHAM Nolary Public \1v Ccr;,nii lon E\pirtl-X Cammissiorr Expires Fobruary 24,2000 NOTE: This corivevance :s not e:fec,,:ve uni'il ::cccpied by Tc,,vn "IcclSn-