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HomeMy WebLinkAbout2000-06-30 Recorded Legal Docs FORM T. BK 5829 PG 20.9 COVENANT n l'tU G- s fi WQC2Q0 OUC , Massachusetts KNOW'ALL MEN by these presents that t u dersi ned has submitted an application dated zdd y , to the �ue Planning Hoard for approval of a definitive pl of a subdivision of lard entitled: `� plan by: �i F & 4dated: u ° and owned by: address- ,Q, r3� oMY 61 , land located: 3CrJ 3c 3- \r -`t" , and showing proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. tN ONSID RATION of said Planning Board,of 1 e in the county of approving said plan without requiring a performance bond the undersigned hereby covenants and agrees with the inhabitants of the .MrX0v. g I\ 6 _A�, as follows: 7. That the undersigned is the owner' in fee simple absolute of all the land included in the subdivi- sion 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 nore 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 perma- nent 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 Mules and Regulations governing this subdivision. c. The certificate of approval.and the conditions of approval specified therein, issued by the Planning Board, dated 7�o ke .?o h QaW d. The definitive plan as approved and as qu..11fied by the certificate of approval: A;fe19 TV)r 39 e. Other document(s) specifying construction to be completed, namely: . M . a ` 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 prov, ien that no lot be sold or conveyed or shall U) be built upon until ways and services have been provided to serve such lot. P_4�, 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 a included in the subdivision and-shall operate as restrictions upon the land. (a 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; and 5. That nothing herein shall be deemed to prohibit.a conveyance by a single deed subject to this covenant, of either the entire paiccl of land shown on the subdivision plan or of all lots not previously released by the Planning Board. Massachusetts Feaeralion of Planning and Appeals Boards 1972 (Revised 1980. 1983. 1988) 2017 i . ^ UK Z� F -3, bThat the undersigned agrees to record this covenant with the ��� �Urt �1 County Registry of Deeds, forthwith, or to pay the necessary recording fee 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 of any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three(3)years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G.L. S. 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. S. Upon final completion of the construction of ways and installation of munidipal services as specified herein, on or before -all the Planning Board shall retease 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, 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 do 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 61'-U, as long as such security iS sufficient in the opinion of the Planning Board--to secure performance . of the construction and installation; and Massacnuselts Federation of Planning and Appeals Boards 1972 (Revisea 1980. €983. 19A8) 20.18 BY 513129 PG .211 ...For tjtle to the property, see deed frntn gal 0 „ , dated " recorded in C56 a}( N oy44 Registry of Deeds, Book 5�9 1 , Page _ , oF�giste 6atpd Relgmtq-as.• merit-No. ,•and-neWd-o --eeFt4ieete-•of t+#�--aca. ,-ie--Regis�r�trar�-Bc�a4� .,`Pa9tr The present holder of a mort�c age upon the property is �����-� a _ of �'e'W- Lot'0 t_U A . The mortgage is dated ate ki 1 1 49 and recorded in F;5n-yA N0612 Registry of Deeds, Book , Page OF F1990AGMed. `tP er +l� , a sate of-tale-no. , in-R ok , Pager . The mortgagee 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. • ��ites�tt-#eF�agFaes•. t` ;-;T,� ti a-firer rises-shaft-betas c�M-th-e-provisions-of this•-covenaf�t a re eases a e--d©wer-or-hGmestead-arid-other iu. IN ITNESS WHEREOF we have hereunto set our hands and seals this �5� of _ 7�0�} �t-6 to i 1[Ckcvvk 4 rtt/2QStNA Spouse of Owner 1 Mongage Acceptance lay a Majority of the Planning Board of One acknowledgement must be completed for each of the following., Planning Board representative Owner or owners Spouse of the owner Mortgagee COMMONWEALTH OF MASSACHUSETTS ss bv��-s {tica�n Then personally appeared before me the above named Pv and acknowledged the foregoing instrument to be free act and deed. 7i1-, G� i rgnature r IN ot Publl K�7��l yry �P-1r5 My commission expires Massachusetls Feaeiahon of Planning and Appeals Boaias 1972 (Rewseo 1980. 1983. 1 9881 20.19 I , �r �oaPG l FORM M . CONVEYANCE OF EASEMENTS AND UTILITIES (name of owner)of N per /'+ �..e ,(address) County' Massachusetts; for the consideration of , hereby grants, transfers and delivers unto the Town of North Andover, a municipal corporation in Essex County, the following: 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 and their appurtenances for the conveyance of water, and (3) a covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all other acts incidental to the foregoing, including the right to pass alon and over the land Nr they k aforesaid purposes, in, through, and under the whole of t~' ft VY1 a e 3 1 Q000 , said plan is made and said plan is incorpp,orated h rein to a omplete and detaile description of said roads. o v�tl N nv1 .� v`ty ova c � � Cxra 5s+�__ B. The rights and easements to use for .�`raitil � £�" perpetual g (describe use/purpose) pto-vl the following parcel of land situated on R&&ue St (Street) in said Town of North Andover and bounded and described as follows: ca._vti. v e k � L�r i V e c, �(- i YA-w :S- - l'ZM ; The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it) 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 rLAQV- g-5 'bvi-Seo 0 dated , 19 , and recorded inC-5y5eX No. District Registry of Deeds, Book 5��q , Page �._��-�x�C�eaEe-ef'T�e�5c. , �.d-in• ai3t�rt-o�`�`ke-L-arxd-�ttrt;Psatrk Ste[ il This is not a homestead property. To be completed if a mortgage exists: W And the present holder Q X of a mortgage on the above described land, which mortgage is dated -!Z'u , 19 Ot'll and recorded 3 S in said Deeds,Book `j�l ..�_._..•,Page _,for consideration paid,hereby rel ses unto the Town forever from O q the'operation of said mortgages, the rights and easements herein above granted and assents thereto. > � r fir, *� O Authorized signature of Mortgagee caner v (�'S 6u•vVl 4- Ali'" eiitwt L� IN WITNESS VWIEREOF we have hereto set our hands and seals this S� day of j COMMOMVIC ALTH OFMASSACHIJSETTS 5S g4 S+ � , 19 OOC) Then personally appeared the above named Pr f 5 4 -'vp t S and acknowledged the foregoing to be VN,�3 free act and deed, before me. t 0 otd 4(kL �v acc4 cc C a& `41✓`� ��'�C o•�`'� Notary pub icl KkTL-p ov AA01erN My Comm�ssi n Expires: NOTE: This conveyance is not effective until accepted by Town Meeting. 3 w.,•%i�t1/:�i.'W;'..LRY' .;2MY?3�::?}`J,' '.;$C. •�� ,,.���§y��,�,•�m t�yrri, y.� ,.t< t�:!: t;,p,:••;: . ?14�'1`t' ?:�. +� :1C3:. �j ..�i �yl •r, j� t �'/ :}�r����s,:�'`.`•: A`:'s#c':��::::;o'>i3 t`f{�G $�n.:..�i�t•R�...,. a....�§,:a�.:?i�i:hvr�:•ri��.:u..�. :i;:, fif naRf ...to..•,.tk..",.�rh�.........,:::tir:::-::,:»•r.?:r\:i:.,,•.,•rr�i' '%4 ,2y:o:,t Town of North Andover Planning Board This form represents the schedule for allowing the following lots to be considered as eligible for building permits under the Town of North Andover Growth Management by-law Section 83 of the Zoning by-law, Pursuant to 8.7 .5 this Development Schedule must be hied in the Registry of Deeds and be referenced on the deed of each of the lots below and be hied with the Planning Board prior to the.issuance of any building permit or permit for construction. Name and Address of Applicant for Lots: Name of Development, �y lloiv lee Map and Parcel of Original Lot: /V/ - Date of Application for Lots Division: _ -- Lots Covered by this Schedule: f;,-- • ,4-7/0 The Planning Board by their signature below, or a signature of a duly authorized representative, do hereby establish for the above named development the following Development Schedule for the purpose of Section 8.7 of the.Growth management By-Law. The applicant, their assignees, successors and or subsequent property owners shall conform to the following schedule:ttiat limits i the eligibility of the following lots for building permits. This.farrrr must be flied in the.Registry of Deeds.by the property owner or representative and be referenced,on each deed for eactr-of the following lots. Such deed reference for the deed of each lot shall at a minimum reference the book and page in which this Development Schedule is filed and contain the language :.—This lot is subject to a Development Schedule pursuant to the Tawn-,of_North Andover Zoning By-Law all owners, representatives, and future purchasers should avail themselves of said restriction by reviewing the approved Development Schedule as filed In Boof<insert here and Page insert here. r The fact that a lot is eligible fora building permit is subject to the limitation of the number of building permits per year pursuant to section 8.T.Z.d of the Zoning By-taw." The Planning Board hereby schedule the lot(s) for the above development as follows,- OCT '00€H9:54 Year Eligible Number of Building Office Use Building Office Use Lots Eligible Date Lot Eligibility Notes Completely Utilized Signature of Planning Pard mem or Authorized Representative Da e signature a ro wner Authorized a ive Rlaymo rp V15T, Trustee­o-F— Dat Ra Von Real y Trust