HomeMy WebLinkAbout1985-05-13 Legal Documents DEF SUB (2) v 1A FORM I COVENANT'' August 81 1985 ' North 'Andover , Massachusetts KNOW ALL ME-N by these presents that the undersigned has submitted an ,application dated February 27 , 1985, to the ' North Andover` `� 1ann ng Board for approval of a Definitive Plan of a subd �., ^f land entitled: WINTERGREEN ESTATES , plan by Chr `'j.neering,, Inc,. ,, dated February 26 , 1985 , reV WM yi plRQh��o��t�29 r - `, , d b owned ySheet added 865 Tunpike Street , NorthAndover , 4 therly side of Foster Street, and # ate undersigned has requested the I, cov�h I00. 2, I mQ�`oh ' yn without requiring a of North Andover mend22I6g� -Nut requiring a 16g9 and agrees " absolute that )n siny of the id that the Aresen, 'o execute t h,i s c o n`�-),. 2 . That the undersitj,__ �y any lot in the sudivision or eta nent building on any lot until the, coht and installa- tion of municipal services ;. adequately serve such -lot hasobeen. completed in .,e with the r covenants , conditions, agreements, is and provisions as specified 'in the following: a. The, Application for, Approval of Definitive Plan ( From C) -- - - (Page 1 of 4 ) p ZU (X r-61 FORM - I COVENANT August 81 1985 North Andover , Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated February 27, 1985, to the North Andover Planning Board for approval of a Definitive Plan of a subdivision of land entitled: WINTERGREEN ESTATES , plan by Christiansen Engineering, Inc . , dated February 26 , 1985 , revised May 8 , 1985, Sheet 1A added May 20, 1985, and owned by Wintergreen Realty Trust , 865 Turnpike Street , North Andover , MA 01845, land located Southerly side of Foster Street , and showing 30 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 4ny of the land, except for those described below, and that the present holder of said mortgages has agreed to execute this contract . 2 . That the undersigned will not sell or convey any lot in the sudivision or erect or place any permanent building on any lot until the, construction of ways and inst•a•lla-- tion 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 ( From C) k - (Page 1 of 4 ) f. 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 May 13, 1985 . d . The Definitive Plan as approved and as qualified by ' the Certificate of Approval e . Other documents ) specifying construction to be completed namely, North Andover Conservation Commission, Order of Condition dated May 7 , 1985, and recorded at Essex North District Registry of Deeds , Book 1970, Page 79 . 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 sorve 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 a plan or of all lots not previously released by the Planning Board . i 6 . That the undersigned agrees to record this covenant with the Essex North District Registry of Deeds, forthwith, or to pay the necessary recording fees to the said Planning Board in the event the Planning Board shall record this agreement forthwith. Deference 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 (Page 2 of 4 ) 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 .I . 8 . This this covenant shall be executed before endorsement of approval of the definitive plan by the Planning Board and s,hall take effect upon the endorsement of approval . 9 . Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before August 31 1987 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 the performance of the construction and installation. For title of the property, see deed from Edmund F. Leland III et ux, Trustees, dated July 30, 1984, recorded in.,,,Essex North District Registry of Deeds . Book 1850 , Page 312 : See also deeds from Thomas H. , Wilkinson et ux dated December 14 , 1984, and May 15 , 1985 , recorded in said Deeds at Book 1904 , Page 228 , and Book 1971 , Page 252, respectively, The present holder of' mortgages upon the property is BayBank . Merrimack Valley, N.A. of Andover, Massachusetts, as follows: 1 . Mortgage dated. August 10 , 1984 , and recorded in said Deeds at Book 1850, Page 313 . 2 . Mortgage dated December 14 , 1984 , and recorded in said Deeds at Book 19044 Page 229 . 3 . Mortgage dated May 15 , 1985 and recorded in said Deeds at Book 1971 , Page 253. The mortgagee agrees to hold the mortgages subject to the covenants set forth above and agrees that the covenants shall . (Page 3 of 4 ) Y have the same status, force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgages shall be subordinate to the above covenant . IN WITNESS WHEREOF we have hereunto set our hands and seals this 8th day of August , 1985 . AA Acceptance by a Majority of the Planning Board of North Andover , Massachusetts WINTERGREEN REALTY. U ST BY Trustee BAYBANK MERRIMACK VALLEY , N.A. By (Page 4 of 4 ) 0157c CAREAGHER, FOX AND L-mPEIRT ATTo$NEYs Ak1A CoUNSELLo$S AT LAw 1 ! ! ` I.,- Taazs Vzou SoVAa I Il �. i1_.f CHELMSFORD, MASSACHUSETTS 01824 �kk O17 250-1197 April 91 198 Dominic J. Scalise, Esq. 89 Main Street No. Andover, MA 01845 RE: Wintergreen Estates Dear Mr . Scalise: Please be advised that I represent Wintergreen Realty Trust relative to the development of the subdivision known as "Wintergreen Estates" . Wintergreen Realty Trust is requesting that the Planning Board release its recorded covenant in exchange for the deposit by Wintergreen Realty Trust of a certificate of deposit to secure its performance of all covenants, conditions, agreements, etc. As this is an unusual method of providing security, Karen Nelson has requested that I forward the agreement and release to you for your review. I would appreciate your immediate attention in this matter, as I would like it presented to the Planning Board at its meeting on s . 14, 1986. Very truly yours, CARRAGHER, FOX AND LAMPERT oa.9� QMA'RIEROARK AMR:seg Hand deliver cc: Karen Nelson 0404g RE ASE FO fr 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 the Performance Bond or Surety and dated { 19 and/or by the Covenant dated i. August 8 19 85 and recorded in District Deeds , Book 1046 Page 266 or registered in Land Registry District as Document No . and noted on Certificate of Title No . in Regis - tration Book , Page has been completed/partially completed, to the satisfact o3n of—the Planning Board to adequately serve the enumerated lots shown on Plan entitled " WINTERGREEN ESTATES, �^ plan by Christiansen En in n Inc.`Secti on ( s ) Sheets e rgarl9 l;e A - Plan dated We 'May 0. . ., 19 recorded by the Essex North District Regis try of Deeds , Phan "SAX' #10032 , xPcac or- registered in said Land Registry District , Plan Book , Plan and said lots are hereby released from the re= strictions as to sale - and building specified thereon . Lots designated. ony said. Plan as followrx : ( Lot. number( s) and street(s )) Lots 3 4 & 5 Foster Street Lots 6 7, 8, 9, , , 15, 16, 11, 18, 19, 20, 30 Wintergreen Drive . Lots 1, 2, 21, 22, 23, 24, 25, 26, 27, 28, 29 Tanglewood Lane b . (To be attested to by a Registered' Land Surveyor) ' 1 hereby certify that lot numbers ) ' on Street (s );'= do conform to layout as shown on Definitive Plan entitled " L Section Sheets Registered Land Surveyor (Page 1 of 2 ) tf 3`t © A`. C ': SEC ED B HI Y s � QTE OF DEPOSIT 19 86 0 North Andover ,Massachusetts-`". d r +� AGREEMENT made this date between the town of North Andover and Wintergreen Realty hereinafter referred to as t e GO appl cant of North Andover, MA to secure construction a LO of ways and inY—tallatlono mun.1c1pal sery ces in the Subdivision of 0) Land shown on a plan entitled : WINTERGREEN ESTATES plan by : Christiansen Engineering, Inc. dated : February 26,, 1985* co owne y : Wintergreen Realty address 865 Tj,rnpifca �frPpt, >) NorthAn over MA land located .sbutherly side of Foster Street and showing 0 proposed lots . KNOW ALL MEN by these presents that the applicant hereby binds and obligates himself, his , or its executors , administrators , devisees , heirs , successors and assigns to the town of North Andover a Massachusetts municipal corporation , acting t dough its Plann nt Board , in the sum of $481 000.00 dollars , and has secured this' obligation by deposit with t e Treasurer of said town of Uorth 8ndgyer a deposit of money for the above sum represented by Bank PAW'KkV*XX) Certifi . of Deposit # "thxwxxarA&rxArAkwnxgmxtMo A, Bank. of Andover Massachusdtts u pie t t�he order othe R3X�rKdi (XBh�XdXI4XfXX1XAk town of North Andov ,X#,yl i t us ai d sum to be used to insure the performance y the applicant of all cov- enants , conditions , agreements , terms and provisions contained in the following : 1 . Application for Approval Definitive Plan ( Form C) , dated... Feb 98! 2 . The Subdivision Control Law and the Planning Board 's Rules ' and'-Regu- lations governing, this subdivision and dated 3. Conditions included in the Certificate of Approval issued by the Planning Board and dated May 13, 1985 , 4. The Definitive Plan as qualified by the Certificate of Approval ; and ' 5 . Other document(s ) specifying construction or installation to be completed , namely :' (Specify other documents , if any , and list lots secured if only a part of the subdivision is secured by a bank passbook) . This agreement shall remain in full force and effect until the applicant has fully and satisfactorily performed all obligatUns , or has elected to provide another method of securing performance as provided by M . G .L . Chapter 41 , Section 81-U. ( Page 1 of 3) 3 COMMONWEALTH OF• 14ASSACHUSETTS Essex ,ss 19.8E Then personally appeared one of the above named members of the Planning BFa—rd of ,Massachusetts , th)exxxacpp*kea;n*�xAudxthaecxauthQXA xA x x HaAV, and acknowledged the foregoing nstrument to e the free act anF7eed of said parties before me . E Notary Public My Commission Expires : F COMMONWEALTH OF MASSACHUSETTS !' ss 1986 Then personally appeared ALAN G. LAMPERT and VINCENT GRASSO, Trustees of applicant and acknowledged the foregoing instrument to be the free act and deed of said parties before me. NOTARY PUBLIC My commission expires: COMMONWEALTH OF MASSACHUSETTS .; s s 1986 Then personally appeared the authorized representative of BAYBANK. MERRIMACK VALLEY, N.A. and acknowledged the foregoing instrument to be the free ;sue act and- deed of said parties before me. NOTARY PUBLIC My commission expires: 'Ya t M ' ( Page 3 of 3) i. I 1 1 rL r OX AND L.A142FIR R C. ATTORNEYS AND COUNSELLORS AT LAW i John C.Carragher 229 Billerica Road Charles C.Merrell Richard L.Fox Chelmsford,Massachusetts 01824 *Colleen D.O'Conn01 Alan G."rnpert (617)256-1167 Timothy G.Woodward j John K.Britt Jarhn F.Gallant Annmarie Roark *Also admitted in NH i April 8, 19B8 Scott Stocking Town Hall 120 Main Street North Andover, MA 01845 RE: Wintergreen Estates Subdivision Dear Mr . Stocking : Enclosed herewith please find a Release of Covenant {Form This release is necessary as the original release, dated May 21, 1986 and recorded in Book 2199 , Page 265 contains an incorrect reference to the recorded covenant . The original release refers to the covenant as being recorded in Book 1046, Page 266 and it is actually recorded in Book 2046, Page 266 , This new release, once signed and recorded, will clear the record title of the issue of the covenant once and for all . Please obtain the - signatures of the members of the Planning Board and return the executed release to me for recording . Thank you for your assistance in this matter . Very truly yours , C RAGHER FOX and LAMPERT, P.C. TZMOT G. WOODWARD TGW/pb Enclosure cc: Phil Sullivan 1901B/34 OFFICES OF: o �� Town Of 120 Main Street iV'E'EA[.S North Andover, . : NORTH ANDOV ER 13LJIL€ ING '�'�:;;,a:: '�a Massachusetts01s4 CONSERVATION ®"°Hu DIVISION OF (617)685.4775 1-i F,A L'I'1-E PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN 14,13, NELSON, DIREM-OR Apt-it 19 , 1980 Mr . Timothy C . Woodwai- d Carragher ,, Fox and Lampert , P . C . 2P9 Billerica Poad Chelmsford , ILIA ,? IU24 Re: Winter green Estal;e, Subdivision Dear Mr . Woodward : The P1atininci Ooar-d r:lui- ing their April 14th meeting voted to send the revised Form J Peleasc-, Fovm tc, yt-)u 'For the required signature by the Land Surveyor- wl;o co+nplr-ted the plan . Upon reciep of the rr-vised doEument , the Planning Board will signthe Form .J Rkil ea�5e Form . Thallk YOU I"or yatrt Lime and effort in this matter . Sincerely , Scott R stocking , - ICP Town Planner t 1 f 1 FORM .J RELEASE FORM 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 by the Performance Bond or Surety and dated 19 and/or by the Covenant dated August 8 , , 19 86 and recorded in District Deeds, Book 2046 , Page 266 ; or registered in _ Land Registry District as Document No. and noted on Certificate of Title No . in Registration Book , Page , has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled "WINTERGREEN ESTATES , plan by Christiansen Engineering, Inc . Section ( s) _ , Sheets Plan dated Feb. 26, 1985, revised May 8 , 1985, Sheet IA added May__ 20, 1985 recorded by the Essex North District Registry of Deeds, Plan 10032 or registered in said Land Registry District , Plan Book , Plan and said lots are hereby released from the restrictions as to sale and building specified thereon. Lots designated on said Plan as follows : ( Lot number(s ) and street (s) ) Lots 3, 4, & 5 Foster Street; Dots 6 , 7 , 8 , 9 , 10 , 11 , a 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20, 30 Wintergreen Drive; Lots 1 , 2 , 21 , 22, 23, 24, 25, 26, 27, 28, 29, Tan lewood Lane b. ( To be attested to by a Registered Land Surveyor) I hereby certify that lot number ( s) r (see above) on (see above) Street( s ) do conform to layout as shown on Definitive Plan entitled Wintergreen Estates Section 9 ICI EL c�`� Registered ,s O5 a� (Page 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 Performance Bond or Surety dated 19 , and/or a Covenant dated August 8 , 19 85 from WINTERGREEN REALTY TRUST of the City/Town of Forth Andover Essex , County, Massachusetts recorded with the Essex North District Deeds, Book 2046 , Page 266 or registered in Land Registry District as Document No. and noted on Certificate of Title No . in Registration Book , Page , acknowledges satisfaction of the terns thereof and hereby releases its right , title and in- terest in the lots designated on said plan as follows : _ Lots 1 through 30 EXECUTED as a sealed instrument this day of , 19 Majority of the _ Planning Board of the Town of . ....,._.. �w.. . _ North Andover R is COMMONWEALTH OF MASSACHUSETTS ESSEX ,s s. June 30 19 u Then personally appeared Erich W. Nitzsche , one of the above named 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 , Notary Public: My Commissio'h Expires: 9 � 0844E (Page 2 of 2 ) f I FORM J RELEASE FORM The undersigned, being a majority of the Planning Board of the Town of li North Andover, Massachusetts, hereby certify that: he requirements for the construction of ways and municipal services a. t q , called for by the Performance Bond or Surety and dated 19 and/or by the Covenant dated August 8 , , 19 86 and recorded in District Deeds, Book 2046 , Page 266 ; or registered in _ f Land Registry District as Document No. jf and noted on Certificate of Title No . in Registration Book , Page , has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled "WINTERGREEN ESTATES , plan b�. Christiansen Engineering , Inc . Section( s) , Sheets " r Plan dated Feb. 26, 1985, revised May 8 , 1985, Sheet IA added May 20, 1985 recorded by the Essex North District Registry of Deeds, Plan 10032 or registered in said Land Registry District , Plan Book , Plan and said lots are hereby released from the restrictions as to sale and building specified thereon. Lots designated on said Plan as follows : ( Lot number(s ) and street( s) ) Lots 3, 4, & 5 Foster Street; Lots 6, 7, 8 , 9, 10 , 11 , 12 , 13 , 14 , 15 , 16 , 170 18 , 19 , 20, 30 Wintergreen Drive; N Lots 1, 2 , 21 , 22, 23, 24, 25, 26, 27, 28, 29, Tan lewood Lane b. ( To be attested to by a Registered Land Surveyor) I hereby certify that lot number ( s) on -Street( s) do conform to layout as shown on Definitive Plan entitled " Section Sheets Registered Land Surveyor (Page 1 of 2 ) FORM J ri RELEASE FORM The undersigned , beinq 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 the Performance Bond or Surety and dated 19 and/or by the Covenant dated August 8 19 85 and recorded in Di stri ct Deeds , Book 1046 Page 266 or registered in Land Registry District as Document No . and noted on Certificate of .Title No . in Regis - tration Book Page has been completed/partially completed , to the satisfactioo f the Planning Board to adequately serve the enumerated lots shown on Plan entitled " WINTFRGREFN FSTATFS, plan by Christiansen Enginqqrjnq, Inc. Section ( s )____.,_, Sheets e r ar e A Plan dated a��e�'�lay 0, ��3� 19 recorded by the Essex North District Registry of Deeds , Plan E�66�X. #10032 x �xex or registered in said Land Registry District , Plan Book , Plan a'nd said lots are hereby released from the re= strictions as to sale . and building specified thereon . Lots designated on said Plan as follow : ( Lot number( s ) and street(s ) ) Lots 3 4 & 5 Foster Street Lots 6, 7, 8, 9, 40, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 30 Wintergreen rI Lots 1, 2, 21, 22, 23, 24, 25, 26, 27, 28, 29 Tanglewood Lane b . (TO be attested . to by a Registered Land Surveyor) , I .hereby certify that lot number(s ) ' Street ( s ) —do conform to layout as shown on Definitive Plan entitled " Section Sheets Registered Land Surveyor (Page 1 of 2 ) c. The Town of NortV lndover , a municipal corpr ' tion situated in the County of Essex , ..�mmonwealth of Massachuset •.3' , acting by its duly organized Planning Board , holder of a Performance Bond or Surety dated 19 and/or. a Covendnt dated August II mom Wintergreen Realty Trir�t e of the C! ty own , of North Andover Essex County , Massac usetts recorded with e Essex North Di strict Deeds , Book 2046_-__ Page 266 or registered in Land Registry District as Document No . and noted on Certificate of Title No . in Regis r�on Book Page acknowledges' satisfaction _ __... ... of the terms thereo an ereby re-Teases its right , title and in - terest in the lots designated on said plan as .follows : - Lots 1 through 30 i EXECUTED as a sealed instrument this 411d day of 19 86 i Majority of the Planning Board 6f the Town of North Andover t COMMONWEALTH OF MASSACHUSETTS Essex May 22 , , w 19_8£L When personally appeared JOHN J. BURKE one of the above named members of the Planning Board of the own o orth Andover, Massachusetts and acknowledged the foregoing. instrument to be the free act and deed of said Planning Board , before me , Notary ablic My Commi ss-ion Expires My COMMIssion fxp4 es October 2, 1991 (Page 2 of 2 ) i I