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Home My WebLink About1988-08-19 Street Acceptance II DEF SUB PRD x URBELIS, FIELDSTEEL& BAILIN, LLP 155 FEDERAL STREET BOSTON, MASSAMUSETTS 02110-1727 TifOrr1AS J.U"BLIS Telephone 617-338-2200 Andover Office E-MAIL:tju@ufb.com Telecopier 617-338-0122 Telephone 978-475-4552 June 20, 2001 Heidi Griffin. Mr. James Rand Town Planner Department of Public Works Town of North Andover 384 Osgood Street 27 Charles Street N. Andover, MA 01845 North Andover,MA 01845 RE: HUCKLEBERRY LANE Dear Heidi and Jim: Enclosed please find copies of the letter dated June 13, 2001 from Attorney O'Connell and the referenced enclosures, Very truly yours, -� 044, Thomas J. gbelis Enclosures TJU/lah RECEIVED JUN 2 0 2001 NC)R'1'k-1 MiDOW711 �1mAN�ti��,��t A►x,��T t ltulh_fslpu6licbvp511workn-ondava5caresplgriffin&rand.ltr-huckletxRry.doc '. FFI OF LA CE MARK B. JOHNSON 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier, (978)475-6703 Paralegals MARK B. JOHNSON (MA,NH,IBC) KATHRYN M.MORIN � LINDA A. O'CONNELL (MA,NH,RI) JEAN A.SHEEHAN DONALD F, BORENS`l"EIN (MA,ME) LIANNE CRISTALDI ELIZABETH J.BARTON (MA,DC) June 13, 2001 Ms. Heidi Griffin, Town Planner Town of North Andover 27 Charles Street � �,� �� North Andover, MA 01845 Re: Huckleberry Lane JUN 1 j 2001 Dear Heidi: NonTH ANDC)VU-1 PLANNING Dl~PARTML-NT Enclosed please find a copy of correspondence to Tom Urbelis. Please note that all street acceptance documents (copies enclosed) have been recorded. Please consider this a request for release of all remaining bond fiends currently being held by the Planning Board, If you require any further documentation to accomplish the release, please let me know as soon as possible. Thank you for your cooperation. Very truly yours, LAW OFFICE OF� MARK B. JOUN, Li .A. O'Connell LOC :dra Pc : Evergreen Management Corp, F:1N ew-DoeskEvergree nlGriffin-05-16-01.doc LAWaOFFICE OF MARK B. JOHNS ON 12 Chestnut Street Andover,Massachusetts 01810•-3706 i (978)475-4488 Telecopier; (978)475-6703 Paralegals MARK B. JOHNSON (MA,NH,DC) KATHRYN M.MORIN LINDA A. O'CONNELL (MA,NH,RI) JEAN A.S14BEHAN i DONALD F, BORENSTF.IN (MA,ME) LIANNECRISTALDI ELIZABErH J.BARTON (MA,DC) June 13,2001 Thomas J. Urbelis, Esquire Urbelis, Fieldsteel & Bailin, LLP 155 Federal Street Boston,MA 02110-1727 Re: Huckleberry Lane- Street Acceptance Dear Tom: Please be advised that on June 12, 2001, I recorded the Street Acceptance documents (copies enclosed) relating to the above-captioned matter. Please note the following recording information: Document Instrument Number Plan#i` 14027 19028 Street Deed 19029 Drainage Easement Lot 8 19030 Drainage Easement Lot 7 19031 Subordination re: Lot 8 19032 Subordination re: Lot 8 19033 Drainage Easement across Parcel A. 19034 Open Space Deed re: Parcel A 19035. Also, enclosed please find my Final Certification of Title relating to this matter. Thank you for your cooperation in this hatter. Very truly yours, LAW OFFICE OF MARK B. JP�SON Li a oiuiell LOC:dra cc: Evergreen Management Corp. F:%ew-Docs\Evergreen\Urbelis 06-13-0I.doc LAW OFFICE OF r MARK B. JOHNS ON 12 Chestnut Sheet Andover,Massachusetts 01810-3706 (978)475-4489 Toeeopier: (978)475-6703 Paralegals MARK B. JOHNSON (MA,NII,DC) KA HRYN M.MORIN LINDA A. O'CONNELL (MA,NH,RI) JEAN A.SHEEHAN DONALD F, BORENSTEIN (MA,ME) LIANNE CRISTALDI ELIZABE FH J.BARTON (MA,DC) May 1,2001 Via UPS Overnight Delivery Thomas J. Urbelis, Esquire Urbeiis, Fieldsteel & Bailin, LLP 155 Federal Street Boston, MA 02110-1727 Re: Huckleberry Labe- Street Acceptance Dear Toni: Enclosed please find the following ORIGINAL documents: 1. Street Deed—executed by Franklin S. Davis relating to Huckleberry Lane; 2. Grant of Drainage Easement from Mr. &Mrs. DeNault relating to Lot 8; 3. Grant of Drainage Ease>nent from Mr. Murray and Ms. Wong relating to Lot 7; 4. Two (2) Subordination Agreements executed by Medford Savings Bank with respect to.outstanding encumbrances on Lot 8; 5. Open Space Deed from Franklin S. Davis to the Town of North Andover; 6. Grant of Drainage of Easement across parcel A; 7. Request for Public Hearing for a Street Acceptance pursuant to MGL c 82 § 22, 8. Attorney's Certification of Title; 9. Certificate--Huckleberry Lane. The Conservation Commissioner's Certificate of Compliance has been obtained and recorded. It was recorded on May 1, 2001 at 1:33 PM as Instrument number 13584. Today I have forwarded the original nrylar Street Acceptance Plan with the required Board of Selectmen endorsement'block directly to the Town Manager for presentation to the Board of Selectmen, with a copy to you and Heidi. As you are aware, on April 23, 2001, the Board of Selectmen laid out Huckleberry Lane subject to my sending you these documents at least one week prior to Town Meeting. Since Town Meeting is not Until May 14, 2001, 1 believe the condition F;NNew-Docs\Evergrecii1UrUelis 04-30-0l.doe 1 Thomas Urbelis, Esquire Urbelis,Fieldstecl &Bailin, LLP May 1, 2001 Page 2 has been satisfied. Please advise if there is any other documentation you require at this time, otherwise, I will assume that all is in order. I look forward to hearing from you, Thank you fog•your cooperation in this matter• Very truly yours, LAW OFFICE OF MARK B• JOHNS ON Linda A. O'Connell LOC:dra t cc: James Rand, Director Department of Public Works Heidi Griffin Planning Department Evergreen Management Corp• FANew-Docs1E•veYgreen\UrbeNs 04-30-01.doc STREET DEED Franklin S. Davis, Trustee of Pinewood Realty Trust under Declaration of Trust dated April 15, 1994 and recorded in the Essex North District Registry of Deeds at Book 4024, Page 234 of 200Park Street, Suite 2, North Reading, Massachusetts ("Grantor") 0 for consideration paid but no monetary consideration hereby grants to the TOWN OF NORTH ANDOVER, a Massachusetts Municipal Corporation, 120 Main Street, North Andover, MA ("Grantees") 1 with Quitclaim covenants, a certain street described as Pinewood Road but now known as Huckleberry Lane as shown on a certain plan of land entitled "Modification to the Definitive and Special Permit Plan, Woodchuck Grove in North Andover, Mass." drawn for Summer Street Realty Trust, 733 Turnpike Street,North Andover, Mass,, dated July 1, 1994, revised February 7, 1995 and January 27, 1995, Scale 1" =40%.Engineers: Merrimack Engineering Services, 66 Park Street, Andover, Mass. 01810, recorded at Essex North 0 W District Registry of Deeds as Plan No. 12579. liziSaid fee is 50' wide according to said Plan. z o The undersigned Trustee of Pinewood Realty Trust under Declaration of Trust dated v April 15, 1994 and recorded at the Essex North Registry of Deeds in Book 4024,Page 234, hereby certifies as follows: (1) the undersigned is the sole trustee of the trust; (2) the trust remains in full force; ) (3) that all the beneficiaries of the Trust have duly directed the Trustee to execute this document; UM (4) all the beneficiaries are of legal age, all the beneficiaries are competent and all the o beneficiaries have authorized and directed this transfer for nominal consideration. Q Being a portion of the premises conveyed to Grantor by Deeds recorded at the Essex ! w North Registry of Deeds at Book 4024, Page 239, Book 4024, Page 241. In Witness hereof the said Pinewood Realty Trust has caused this document to be ; 4 executed as a sealed instrument in the presents to be signed, acknowledged and delivered in its name on behalf by Franklin S. Davis, Trustee, authorized this 1,a,. day of April 2001. 1,4 Pinewood Realty Trust 0 j w ). Franklin S. Davis, Its: Trustee • i r� 1 STATE OF FLORIDA ss Then personally appeared before me the above-named Franklin S. Davis, Trustee, and acknowledged the foregoing to be his free act and deed and the free act and deed of the trust on this a_day of April, 2001, 'RISTFN U.ANGEL ' :•�b:rp rl'HC,:.irate of Florlda H :.orn ,.expires Feb.23,2004 rjos,ra.No, CC91 3097 Notary Public _......w.� l_..._nc ID 903783 Company, Inc. My commission expires: 23 ,0- ACCEPTANCEBonded Tfsrt::;�rr.cc InNur�.nCv Gom an lnc OF DEED The Board of Selectman of the Town of North Andover hereby accept the - p foregoing Deed of Huckleberry Lane on behalf of the inhabitants in the Town of North Andover, as authorized by the vote under Article-&/. of the 2001 Annual/Special Town Meeting, a certified copy of which is attached hereto. 7,, OF NORTH ANDOVER BOARD OF SELECTMAN: 1,��z 41 COMMONWEALTH OF MASSACHUSETTS Essex, ss �%n /L. , 2001 Then personally appeared before me the above-named and acknowledged the foregoing as the free act and deed of the Board of Selectman of the Town of North Andover, before �1J`�l�hcr �ic� #tary Punecmissioxpom ires: � JACKI BYERLE'Y Notary Public My commission Expfres F:1NBW-DOCS\EvergreenlDEEDliuckle.doe JUIy 5,2007 3 i GRANT OF DRAINAGE EASEMENT Richard N. Denault and Roberta A. Denault, as husband and wife ("Grantors") of 80 Huckleberry Lane, North Andover, Massachusetts, for consideration paid, grant to the Town of North Andover, a Massachusetts Municipal Corporation, with an address of 120 Main Street, North Andover, MA 01845, Quitclaim uitclaim Covenants � s W a Drainage Easement for the purpose of installing, maintaining, repairing and/or altering a covered surface and groundwater drain or drains with any manholes, pipes, conduits, swales, and their appurtenance, and to do all other acts incidental to the foregoing including the right to pass along and over the land for the aforesaid purpose. z° The affected parcel is shown as that portion of Lot 8 designated as "Prop. Drainage Easement" on a Plan of land entitled, "Modification to the Definitive and Special Permit Plan, Woodchuck Grove in North Andover, Mass.", drawn for Summer Street Realty Trust, 733 Turnpike Street, Suite 209, North Andover, Mass. 01845, Scale 1' = 40", Date: July 1, 1994, revised February 7, 1995, drawn by Merrimack Engineering Services, Inc., x 66 Park Street, Andover, Mass. 0 18 10 which plan is recorded at the Essex North District Registry of Deeds as Plan No. 12579. co With regard to the above Easement, the Town of North Andover shall . forever have the right to construct, maintain, repair and replace drainage work throughout said parcel and to conduct drainage thereon and to make such entries thereon and therein as may from time to time be necessary or convenient for such purposes. Grantors hereby release any and all homestead rights in said drainage easement. Being a portion of the same premises conveyed to Richard N. Denault and Roberta A. Denault, by Deed recorded at Book 4912, Page 5. Witness the execution hereof under seal this �2 3 day of 2001. Richard N. Denault oberta A. Denault COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. (7 2 , 2001 Then personally appeared the above-named Richard N. Denault and aclnowledged the foregoing to be his free act and deed, before me, fr� ary Public �� - o`Cvd✓N�[.� y Commission Expires: l-�4- a 7 COMMONWEALTH OF MASSACHUSETTS i ESSEX, SS. 7 , 2001 , Then personally appeared the above-named Roberta A. Denault anc acknowledged the foregoing to be her free act and deed, before me,_ Not ublic �-(.tj v ff � 0`l1vNr r.(_ M ommission Expires: -7 F:1New-DocslF,vergreenlbr-easement-Lo(8.doc i l � 1 E GRANT Or DRAINAGE EASEMENT Joseph E. Murray, Jr. and Rhoda Gee Wong, Trustees of Huckleberry Trust, under Declaration of Trust dated May 29, 1998, recorded in the Essex North District Registry of Deeds at Book 5080, Page 172 ("Grantors") of 70 Huckleberry Lane, North Andover, Massachusetts, for consideration paid of $1.00 (one dollar), receipt of which is acknowledged, grant to the Town of North Andover, a Massachusetts Municipal Corporation, with an address of 120 Main Street, North Andover, MA 01845. with Quitclaim Covenants, a Drainage Easement for the purpose of installing, maintaining, repairing and/or altering a covered surface and groundwater drain or drains with any manholes, pipes, conduits, swales, and their appurtenance, and to do all other acts incidental to the foregoing including the right to pass along and over the land for the aforesaid purpose. z The affected parcel is shown as that portion of Lot 7 designated as "Prop. Drainage Easement" on a Plan of land entitled, "Modification to the Definitive and Special Permit Plan, Woodchuck Grove in North Andover, Mass.", drawn for Summer Street Realty Trust, 733 Turnpike Street, Suite 209, North Andover, Mass. 01845, Scale 1' = 40", Date: July 1, 1994, revised February 7, 1995, drawn by Merrimack Engineering Services, Inc., CD 66 Park Street, Andover, Mass. 01810 which plan is recorded at the Essex North District Registry of Deeds as Plan No. 12579. W With regard to the above Easement, the Town of North Andover shall forever have the right to construct, maintain, repair and replace drainage work throughout said parcel and to conduct drainage thereon and to make such entries thereon and therein as may, from time to time, be necessary or 0 convenient for such purposes. The undersigned Trustees of Huckleberry Trust under Declaration of Trust dated May 29, 1998, recorded in the Essex North District Registry of Deeds at Book 5080, Page t72 CERTIFY AS FOLLOWS: (1) the undersigned are the sole trustees of the trust; G:1New-DocslEvergreen\Dr-easement-Lot7,doc I (2) the trust remains in full force; (3) that all the beneficiaries of the Trust have duly directed the Trustee to execute this document; (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. Being a portion of the same premises conveyed to Huckleberry Trust by Deed recorded at Book 5080, Page M. Witness the execution hereof under seal this a3 day of 2001. HUCKLEBERRY TRUST By Its Trustee eph E. Murray, Jr. HUCKLEBERRY TRUST By Its Trustee, Rhoda Gee Wong CONIMONWEALTH OF MASSACHUSETTS ESSEX, ss. ( 2 , 2001 Then personally appeared the above-named Joseph E. Murray, Trustee and acknowledged the foregoing to be his free act and deed, and the free act and deed of Huckleberry Trust, before me, - � Nof ry Public My Commission Expires: (f-i 9_ o I COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. 2 3 , 2001 Then personally appeared the above-named Rhoda Gee Wong, Trustee and acknowledged the foregoing to be her free act and deed, and the free act and deed of Huckleberry Trust, before me, ,- J` Not ublic -r. �► ` c� ry rs �c Commission Expires; I "� 9ro s7 i 3 I i Subordination Agreement In consideration of$1.00 and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, Medford Savings Bank, a Massachusetts Corporation with its dace of business at 29 High Street, Medford, Massachusetts, 02155, the holder of a Mortgage from Richard W. Denault and Roberta A. Denault, dated December 9, 1997 and recorded at the Essex North District Registry of Deeds at Book 4912, Page 15 and covering the property known as Lot 8, shown on a plan of land entitled "Definitive and Special Permit Plan of Land, Woodchuck Grove,-North Andover, Mass."which plan is dated July 1, 1994, and revised Febrivary 7, 1995 and filed with the Essex North District Registry of Deeds as Plan No. 12579, hereby subordinates said Mortgage to a Drainage Easerllent, from said Richard N. Denault and Roberta A. Denault, as husband and wife to the Tower of North Andover, dated April. 23, > v 2001, and recorded herewith It is the intent of this instrument that said Drainage Easement.shall be deemed to have priority over the Mortgage to Medford Savings Bank as if the Drainage Easement was recorded prior to said Mortgage. Signed as a sealed instrument this X. day of � 3 ,` / , 2001. o Medford Savings Bank b By: Deborah Sousa $4 Its: Vice President v z, 0 00, COMMONWEALTH OF MASSACHUSETTS ss , 2001 U) Then personally appeared the above named Deborah Sousa, Vice President for Medford N Savings Bank and, being duly authorized, acloaowledged the foregoing to be her free act and deed and that of Medford Savings Bank, before me, 0 w �lTlotary Public My Commission Expires: F:1New-gocstEvergreen\Sub-Agr-Lot Moo _ I i i Subordination Agreement , 1 In consideration of$1,00 and other valuable consideration, the receipt and III adequacy of which is hereby acknowledged, Medford Savings Bank, a Massachusetts Corporation with its place of business at 29 High Street, Medford, Massachusetts, 02155, the holder of a Mortgage from Richard W, Denault and Roberta A. Denault dated May 4, 1999 and recorded at the Essex North District Registry of Deeds at Book 5423, Page 253 and covering the property known as Lot 8, shown on a plan of land entitled "Definitive and Special Permit Plan of Land, Woodchuck Grove, North Andover, Mass."which plan is dated July 1, 1994, and revised February 7, 1995 and filed with the Essex North District Registry of Deeds as Plan No. 12579, hereby subordinates said Mortgage to a Drainage Easement, from said Richard W. Denault and Roberta A. Denault to the Town of North Andover, dated �p �i _23, , 2001, recorded herewith It is the intent of this instrument that said Drainage Easement shall be deemed to have priority over the Mortgage to Medford Savings Bank as if the Drainage Easement was recorded prior to said Mortgage. Signed as a sealed instrument this 21 day of ,,; ) 2001. 0 Medford Savings Bank +j 0 z By: Deborah Sousa Its; Vice President a� a� x COMMONWEALTH OF MASSACHUSETTS 0 Aid .W, > ss 1� � 1 '3 , 2001 Them personally appeared the above nanned Deborah Sousa, Vice President for Medford Id Savings Bank and, being duly authorized, acknnowledged the foregoing to be,her free act and deed and that of Medford Savings Bank, before me, o P to't'ary Public My Comillission Expires: F:\New-Docs\EvorgreenlSub-Agr-032900.doc OPEN SPACE DEED Franldin S. Davis, Trustee of Pinewood Realty Trust under Declaration 4 of Trust dated April 15, 1994 and recorded at the Essex North District Registry of Deeds in Book 4024, Page 234 ("Grantor") for consideration paid but for no monetary consideration grants to the TOWN OF NORTH ANDOVER, a Massachusetts Municipal Corporation ("Grantee") of 120 0 Main Street, North Andover, Massachusetts 01845 acting by and through its Conservation Commission for conservation purposes under M.G.L. c.40, N z sec. 8C but not as a charitable trust, with Quitclaim covenants, That certain open space parcel of property shown as Parcel A on a Plan N entitled "Modification to the Definitive and Special Permit Plan, Woodchuck Grove in North Andover, Mass." drawn for Summer Street Realty Trust, 733 Turnpike Street, North Andover, Mass. dated July 1, 1994, n revised February 7, 1995 and January 27, 1995, Scale 1" = 40', Engineers; z Merrimack Engineering Services, Inc., 66 Park Street, Andover, Mass. 0 18 10, recorded at Essex North District Registry of Deeds as Plan No. 12579. u ' PA Said parcel is hereby conveyed to the Grantee under the provisions of M.G.L. c.40, sec.8C to be managed and controlled by the Conservation Commission of the Grantee for the promotion and development of they natural resources and protection of water shed resources of the Town of E o North Andover, Massachusetts. i M ~ E E i (1) the undersigned is the sole trustee of the trust; (2) the trust remains in full force; (3) that all the beneficiaries of the Trust have duly directed the Trustee to execute this document; I (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. Being a portion of the premises conveyed to Grantor by Deeds recorded at the Essex North Registry of Deeds at Book 4024, Page 239, Book 4024, Page 241. In Witness hereof the said Pinewood Realty Trust has caused this document to be executed as a sealed instrument in the presents to be signed, aclaiowledged and delivered in its name on behalf by Franklin S. Davis, . Trustee, authorized this i g day of April 2001. Pinewood Realty Trust y: Franklin S. Davis, Its: Trustee STATE OF FLORIDA ss April 2001 i i Then personally appeared before me the above-named Franklin S. Davis, Trustee, and acla-iowledged the foregoing to be his fiee act and deed and the free act and deed of the trust on this ; day of April, 2001. Notary Public My commission expires: jqCq3 o4- dreasparcela . % F GANew-Docs\Everg re enWreaseparcela.doc 1 _. 1 1 GRANT OF DRAINAGE EASEMENT Franklin S. Davis, Trustee of Pinewood Realty Trust under Declaration of Trust dated April 15, 1994 and recorded in the Essex North District Registry of Deeds at Book 4024, Page 234 of 200Park Street, Suite 2, North Reading, Massachusetts ("Grantor") of 200 Park Street, Suite 2, North Reading, Massachusetts, for consideration paid, grants to the Town of North Andover, a Massachusetts Municipal ► Corporation, with an address of 120 Main Street, North Andover, MA 01845, U with Quitclaim Covenants, a Drainage Easement for the purpose of installing, maintaining, repairing and/or altering a covered surface and groundwater drain or drains with any manholes, pipes, conduits, swales, and their appurtenance, and to do all 0 other acts incidental to the foregoing including the right to pass along and z over the land for the aforesaid purpose. ON Ln The affected parcel is that portion of Parcel A designated as a "Prop. Drainage Easement" shown on a certain plan of land entitled "Modification to the Definitive and Special Permit Plan, Woodchuck Grove in North Andover, Mass," drawn for Summer Street Realty Trust, 733 Turnpike a Street, North Andover, Mass., dated July 1, 1994, revised February 7, 1995 and January 27, 1995, Scale 1" = 40% Engineers: Merrimack Engineering Services, 66 Park Street, Andover, Mass, 01810, recorded at Essex North District Registry of Deeds as Plan No. 12579. c� w With regard to the above Easement, the Town of North Andover shall forever have Elie right to construct, maintain, repair and replace drainage work throughout said parcel and to conduct drainage thereon and to make such entries thereon and therein as made from time to time being necessary or convenient for such purposes. a 0 u PA The undersigned Trustee of Pinewood Realty Trust under Declaration of Trust dated April 15, 1994 and recorded at the Essex North Registry of Deeds in Book 4024, Page 234, hereby certifies as follows: G:1New-DocslEvergreenldreaseparcela.doc l' I, the undersigned Trustee of Pinewood Realty Trust, under Declaration of Trust dated April 15, 1994 and recorded at the Essex North District Registry of Deeds in Book 4024, Page 234 certify as follows: 1) the undersigned Franklin S. Davis is the sole Trustee of the Trust; 2) the Trust remains in full force; 3) that all beneficiaries of the Trust have duly directed the Trustee to execute this document; and 4) all the beneficiaries are of legal age and are competent and have authorized and directed the transfer for nominal consideration. Being a portion of the premises conveyed to Grantor by Deeds recorded at the Essex North Registry of Deeds at Book 4024, Page 239, Book 4024, Page 241. In Witness hereof the said Pinewood Realty Trust has caused this document to be executed as a sealed instrument and in these presence to be signed, acknowledged and delivered in its name and behalf by Franklin S, Davis, Trustee duly authorized this 1 2 day of April 2001. PINEWOOD REALTY TRUST y: Franklin S. Davis, Trustee 1. I STATE OF FLORIDA ss April /,E 2001 n Then personally appeared before me the above-named Franklin S. j Davis, Trustee of Hillside Realty Trust and acknowledged the foregoing to be his fi-ee act and deed on this day of April, 2001. Notary Public My commission expires; 23 j 64 ACCEPTANCE OF DEED We, the undersigned Board of Selectman of the Town of North Andover, Massachusetts, pursuant to M.G.L. c.40, sec.8C approve the foregoing conveyance to said Town. zzla tG�rL n Ix COMMONWEALTH OF MASSACHUSETTS Essex, ss Then�personally appeared before me the above-named rt � i and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Board of Selectman of the Town of North Andover, before me. i tvtaryPulc commission expires; JACKI BYERLEY Notary Puhlir, APPROVAL OF THE CONSERVATION COMMISSION MY Commission 7b_;: s Jufy 5,200 i We, the undersigned Conservation Commission of the Town of North Andover, Massachusetts pursuant to M.G.L, c.44, sec.SC approved the foregoing convOyance to said town COMMONWEALTH OF MASSACHUSETTS Essex, ss Then personally appeared before me the above-named bhfrrIk FP I-6aL .... and aclalowledged the foregoing instrument to be the free act and deed of the Conservation Commission of the Town of North Andover, before me. Notary Public My commission expires: F UlAiNE f OMTR'otary public alth of Massachusettsmmission Erxpiresuary 14,2008 i � I LAW OFFICE OF MARK B. JOHNSON 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier: (978)475-6703 Paralegals MARK B, JOHNSON (MA,NH,DC) KATHRYN M.MORIN LINDA A. O'CONNELL (MA,NH.RI) JEAN A.SHEEHAN DONALD F. BORENSTEIN (MA,ME) LIANNECRfSTALDI ELIZABETH J.BARTON (MA,DC) ATTORNEY'S CERTIFICATION OF TITLE TO: Town of North Andover, Massachusetts FROM: Law Office of Marls B. Johnson DATE: June 12, 2001 RE: The roadway shown as Pinewood Road, (now known as Huckleberry Lane) on a plan entitled "Modification to the Definitive and the Special Permit Plan, Woodchuck Grove in North Andover, Massachusetts", which plans are dated July 1, 1994, revised 1-26-95, and filed with the Essex North Registry of Deeds as Plan No. 12579. Dear Sirs: This certification is for your use in accepting the above-named way as a public way at Town meeting, and for no other use whatsoever. Subject to the limitations of MGL c. 93, §70 as presently in effect, this office does hereby certify: 1) This office has examined the records of the applicable Registry of Deeds wherein the property lies, and the relevant Probate Court records, all as correctly indexed. 2) That as of the date hereof, Franklin S. Davis, Trustee of Pinewood Realty Trust under Declamation of Trust dated April 15, 1994 and recorded with the Essex North Registry of Deeds in Book 4024, Page 234, holds a good and sufficient record title to such property free from all encumbrances which would materially affect said record title, excepting only matters which are set forth in Schedule A attached hereto. 3) The certification made in paragraph 2 above is limited by and specifically excludes there from the fallowing described matters: A. Any matter preceding a title examination of the records, of the nature referred to and required by statute, any irregularity not readily apparent within the foregoing records, any misindexing of any public G:INew-DocslEvergreentAttornoy Certification-letterhead.doc Page 2 I records; forgery or fraud, and in the case of registered land, any matter excepted by MGL c. 185, §46. B. Any facts, rights, interest, or claims that are not duly shown by the public records at said Registry of Deeds. C. Discrepancies, conflicts in boundary lines, shortage in area, encroaclnnents, or any other facts, rights or interests which a correct and complete survey and/or a personal inspection of the premises would disclose. D. Any lien, or right to a lien for services, labor or materials heretofore or hereafter furnished, imposed by law and not shown by the public records at the time of this certification. E. Any lien for taxes or municipal charges which have been assessed but are not yet due and payable, and all other iunicipal charges not described either in the Municipal Lien Certificate obtained in connection with this transaction or in a filing recorded with the Registry of Deeds. F. Applicable zoning, building and other land use laws, rules and regulations in any matter affecting, restricting, prohibiting, limiting or regulating the occupancy, use or enjoyment of the premises, G. The character, dimensions or location of any improvements now or hereafter erected on the land., a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; roadways, streams or easements, if any, now shown of record, riparian rights and title to any filled-in lands; fees and streets and rights of others therein. H. Any lien tinder Massachusetts General Laws Chapter 21E, or violations thereof giving rise to a lien, except as properly,recorded. 1. Rights or claims of patties in possession. I Matters not required by law to be recorded including but not limited to, bankruptcy and insolvency records, federal, state and municipal laws, bylaws, regulations, ordinances and zoning bylaws. K. See Schedule (A) attached hereto. GAew-Docs\Bvergrcen\Attw=y Certification-letterlsead.doe Page 3 This certification is effective through and is made as of June 12, 2001, Instrument Number 19035. LAW OFFICE OF MARE,B. JO7S ,tfi�a.'A. O'Connell G:\Ncw-Docs\Evei-greeii\Attoi-iiey Certification-letteihead.doc I CERTIFICATE HUCKLEBERRY LANE 1, Linda A, O'Connell, Esquire of Andover, Essex County, Massachusetts, do'hereby certify that all necessary parties having any rights in the Easements, including Drainage, Water, Utility, and Open Space and all necessary parties having any, rights in the street, road or way, all as shown on a Plan of Land entitled, and was formerly la-iown as Pinewood Road on a plan entitled, "Modification to the Definitive and Special Permit Plan, Woodchuck Grove in North Andover, Mass." drawn for Summer Street Realty Trust, 733 Turnpike Street, North Andover, Mass., dated July 15 1994, revised February 7, 1995 and January 27, 1995, Scale 1" = 40', Engineers: Merrimack Engineering Services, 66 Park Street, Andover, Mass. 01810, recorded at Essex North District Registry of Deeds as Plan No. 12579, have executed all necessary instrllnients required to grant to the inhabitants of the Town of North Andover, all of said easements, open space and the street. I further certify that any and all open space parcel transfer and requirements, if any, relative to the above described premises have been fully satisfied. 2001 Linda A. O'Connell JAW OFFICE OF MARK B, JOHNSON 12 Chestnut Street Andover, MA 01810 (978) 475-4488 F:\New-Oocs\Evergreen\Certificate-Huckleberry.doc . y TITLE CERTIFICATION SCHEDULE A 1. Wetlands Order of Conditions recorded with the Essex North Registry of Deeds in Book 3024, Page 208; as amended in Book 3024, Page 219. 2. Rights, easements, conditions and restrictions as reserved in a Deed from Thomas D. Laudani, as Trustee of Pinewood Realty Trust, to Walter F. Grady and Isabelle M, Grady, dated April 15, 1994, and recorded with said Deeds in Book 4024, Page 242. 3, Terms and Provisions of a Special Permit Extension b the Planning Board of P Y g the Town of North Andover, dated June 28, 1994, and recorded with said Deeds in Book 4080, Page 249. 4. Rights and Easements as granted by Thomas D. Laudani, Trustee of Pinewood Realty Trust to New England Telephone and Telegraph Company in an Easement dated May 18, 1995, and recorded with said Deeds in Book 4262, Page 62. 5, Form I Covenant with the North Andover Planning Board dated June 20, 1995, and recorded with said Deeds in Book 4298,Page 6; See Plan No. 12579 recorded with said Deeds; See Form J Releases as follows; Lot 17 release dated June 20, 1995 and recorded with said Deeds in Book 4298,Page 10; Release of lots 1 - 17 dated January 7, 1997, and recorded with said Deeds in Book 4676, Page 60, 6. Rights and Easements as granted to the Massachusetts Electric Company in an Easement dated May 30, 1997, and recorded with said Deeds in Book 4605, Page 185. 7. Rights and Easements as granted in a Form M Conveyance of Easements and Utilities by Pinewood Realty Trust to the Town of North Andover dated November 1, 1996 and recorded with said Deeds in Book 4624,Page 330. 8. Rights and Easements granted by Franklin S, Davis, Trustee of Pinewood Realty Trust, to the Town of North Andover in a Grant of Easement dated November 1, 1996, and recorded with said Deeds in Book 4624, Page 332, 9. Form J Lot Release by the Planning Board of the Town of North Andover, dated January 7, 1997 and recorded with said Deeds in Book 4676, Page 60. 10, Rights and Easements as granted in an Easement from Franklin S. Davis, Trustee of Pinewood Realty Trust to New England Telephone and Telegraph F,1New-DocslEvergreenlTITLE CERTIFICATION Schad.Xdoc 1 i Company? dated May 30, 1997 and recorded with said Deeds in Book 4766, Page 329. 11. Terms and Provisions of Pinewood Master Declaration of Pinewood in North Andover, Massachusetts Reservations and Restrictions, made by Franklin S. Davis, Trustee of Pinewood Realty Trust, dated July 9, 1997, and recorded with said Deeds in Book 4795,Page 218; as affected by First Amendment to Master Declaration of Pinewood in North Andover, Massachusetts Reservations and Restrictions dated August 25, 1997, and recorded with said Deeds in Book 4848, Page 220. 12. Matters as shown on Plans of Locus and recorded with said Deeds as Plans No. 11824, 12579, 13 05 1, 13202, and 13 28 1, including rights of way, easements, notes, approvals, restrictions, conditions and all other matters. shown thereon. FANew-DocstEvergreenlTITLE GERTIFIGATION Sched.kdoo 2 *PROPOSED COVENANT FORM I COVENANT 19 North Andover , MA KNOW ALL MEN by these presents that the undersigned has submitted an application dated to the North Andover Planning Board for approval of a De in t ve Plan of a subdivision of land entitled: "Woodchuck Grove" plan by: Desi n En ineerin Assoc. Inc. ► dated by: A1aril 28 1988 , owned by: klilmac Realty, Trust & ,Walter and address: ( 4 revisions ) 160 Pleasant St. No. Andover MA Isabelle Grady land locatedr off Salem Street � and showing 1.7 proposed lots . The undersIgned has requested the Planning Board to approve such plan without requiring a performance bond. IN CONSIDERATION of said Planning Board of North Andover in the county of Essex 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. *If there is more than one owner, all must sign. "Applicant" may be an owner or his agent or representative, or his assigns , but the owner of record must sign the covenant. 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 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 (Form C) . b. The Subdivision Control Law and the Planning Board' s Rules and Regulations governing this subdivision, c. The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated Page 1 of 4 h 1 • 1 � t d. The Definitive Plan as approved and as qualified, by Certificate of Approval. s e. Other document(s) specifying construction to be completed, namely, However, a mortgagee 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 provides 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 , admistrators, 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. S. 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 covenants but not later than three (3) years from the date of . such deed, as provided in Section 81-U, Chapter 41, M.G.L. 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 endorsement of the definitive plan. Page 2 of 4 t r 1 9. Upon final completion of the construction of ways add installation of municipal services as specified herein, on or before , the Planning Board shall release this covenant y 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 dated , recorded in Registry of Deeds, Book 1143 1021 , Page 312 300 , or registered in Land Registry as Document No. , and ote on certIfic4te of title No. , in Regitration Book , Page The present holder of a mortgage upon the property is of • The mortgage is dated and recorded in Reg stry of Deeds, Book • , Page , or registered in Land 'Registry as, Document No. , and noted on certl icate of title No. , in Registration Book . Page The m�tgagee agrees to hold the mortgage subject to the covenants set forth above and agrees that the covenants shall have the same 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: spouse of the undersigned applicant hereby agrees that such interest as Z, we may have in the, premises shall be subject to the provisions of this covenant and insofar as is necessary releases all rights of tenancy by the dower or homestead and other interests therein. Page 3 of 4 ` IN WITNESS WHEREORF we have hereunto set our hands and seals this of , 19 . WILMAC_,ABP jLT TRUST By• e P. Wi.11is, Trustee Walter P. Grady Isabelle Grady Acceptance by a Majority of the Planning Board of Page 4 of 4 CONSERVATION RESTRICTION Z , EUGENE P . WILLIS , TRUSTEE of WZLMAC REALTY TRUST under declaration of trust dated June 14 , 1962 and recorded with the North Essex Registry of Deeds in Book 963 at Page 350 as amended , hereby grant for no monetary consideration to the inhabitants of the Town of North Andover , a perpetual conservation restriction over a certain parcel of Land shown on a plan of land entitled "Woodchuck Grove in North Andover , Massachusetts dated and prepared by Design Engineering Associates" which plan is recorded with the North Essex Registry of Deeds as Plan No . Said conservation restriction shall be over that portion of land shown on said plan and designated thereon as "useable open space" . The conservation restriction hereby granted shall perpetually restrict the property in the following manner : a) No construction or placing of buildings , roads , signs , billboards or other advertising , utilities or other structures on or above the ground shall be permitted ; b) No dumping or placing of soil or other substance or material as land fill , or dumping or placing of trash , waste or unsightly or offensive materials shall, be allowed on said land ; c) No removal or destruction of trees , shrubs , or other vegetation shall be allowed except such as shall be needed to prevent a health or safety hazard to the owners of the property or the general public ; d) No excavation , dredging or removal of loam , peat , gravel , soil , rock , or other mineral substance shall be allowed in such a manner as to affect the surface of the property ; e) Surface use of the property shall be limited to use by the fee owners of the property solely for forest and/or outdoor recreational purposes so long as such use will allow the property to remain predominently in its natural condition ; f) No activities will be allowed to be made of the property which will be detrimental to drainage , flood control , water conservation , erosion control , or soil conservation , or ; g) No other acts or uses shall be allowed which would be detrimental to the retention of land or water areas on the site . This conservation restriction shall be considered to run with the land and be perpetual in its restriction of the property and may be released only by approval of the grantee or its successors in title , f WITNESS my HAND and SEAL , this day of � 1988 . Va Willis , Trustee COMMONWEALTH OF MASSACHUSET S Essex , ss , � , 1988 Then personally appeared Eugene P . Willis , Trus e of Wilmac Realty Trust , and acknowledged the foregoing to be his free act and deed , before me , N tar Pu lic My Commission Expires : l WE , JOHN J . WILLIS , SR . , EUGENE P . WILLIS , and JOHN J . WILLIS , JR . hereby grant to Eugene P . Willis , Trustee of Wilmac Realty Trust under declaration of trust dated June 14 , 1962 and recorded with the North Essex Registry of Deeds in Book 963 at Page 350 as amended and his successors and assigns as their interests may appear . A perpetual easement for drainage and detention purposes over a certain parcel of land in North Andover known as lot number 12 on Plan No , 36903B recorded with the Registered band Section of the North Essex Registry of Deeds . Said easement shall allow the grantees access and egress over said lot for the purposes of laying and maintaining drainage pipes ; for the grading and regrading. of said parcel of land to create detention areas for the benefit of the grantees and their sucessors in title ; and for all, incidental rights need to create and maintain drainage across said property for the benefit . of "Woodchuck Grove'f as shown on "Easement flan of Land created for Wilmac Realty Trust dated " and recorded herewith . For our title see certificate of title number 10200 recorded with the Registered Land Section of the North Essex Registry of Deeds in Book 73 at Page 5,, i S , gned and sealed this /6 day of 1988 ' t John J . illis , Sr . E �, Willis 1 ". W ' Jr . COMMONWEALTH OF MASSACHUSETTS + Essex, ss . 1988 Then personally appeared before me , the above named John J . Willis , Sr , , .Eugene P . Willis , and John J . Willis , Jr , and acknowledged the foregoing to� be their true act and deed , Notary Public My Commission Expires :.