HomeMy WebLinkAbout2000 Street Acceptance Cobblestone Crossing & Copley Circle 189 MAIN STREET
NORTH READING,MAO 1864-3120
978-664-5911
• FAX 978-664-5217
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August 15,2000
Town of North Andover
Corni-mmity Development and Services
..':::a�:.27-Charles Street
..... 0fAndover,MA01845
I BYERLEY,PLANNING SECRETARY
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.pr cy:
and checks relating to North Andover Projects,
adowood II,Meadowood 111,Hillside,Foxwood, and
„ ', snood be addressed to FRANKL IN S, DAVIS,TRUSTEE, 189 MAIN STREET,NORTH
G,MA 01864-3120.
Laudini has not been Trustee of these projects since 1998.
Thank you for your attention in this matter,
Sincerely,
Jan Chandler for
FRANKLIN S. DAVIS
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URBELIS, RELDSTEEL&BAILIN, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02110-1727
THOMAS J. URI3ELIS Telephone 617-338-2200 Andover Office
E-MAIL; tjUo( Ob.corn Telecopier 617-338-0122 Telephone 978-475-4552
July 21, 2000
Ms Heidi Griffin
Town Planner
Town of North Andover
27 Charles Street
North Andover, MA 01845
RE: Cobblestone Circle
Dear Heidi:
Enclosed please find the executed original Grant of Drainage Easement on
Lot 18.
Very truly yours,
Thomas Orbelis
TJU:lss
Enclosure
s:ltvp5Nyurkln-a doi&Orresplgriflin7-2Ihr.d" '.
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GRANT OF DRAINAGE EASEMENT
Franklin S. Davis, Trustee of Cobblestone Crossing Realty Trust,
which Trust is dated June 29, 1993, recorded in the Essex North District
Registry of Deeds at Book 3772, Page 253 ("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,
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
qj
other acts incidental to the foregoing including the right to pass along and
over the land for the aforesaid purpose.
zThe affected parcel is that portion of Lot 18 designated as a "Proposed 20'
wide drainage easement" shown on a Plan of land entitled, "Modified
Definitive Plan, Cobblestone Crossing, North Andover, Mass.", drawn for
the Applicant/Owner: Cobblestone Crossing Realty Trust, 733 Turnpike
Street, North Andover, Mass. 01845 1"= 40' dated September 1993 revised
P4 October 29, 1993 drawn by Merrimack Engineering Services, Inc., 66 Park
Street, Andover, Mass. 01810 and recorded at the Essex North District
Registry of Deeds as Plan No. 12330.
With regard to the above Easement, the Town of North Andover shall
b 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 made from time to time being necessary
or convenient for such purposes.
1, the undersigned Trustee of the Cobblestone Crossing Realty Trust under
Declaration of Trust dated .tune 29, 1993 and recorded with the Essex North
District Registry of Deeds in Book 3772, Page 253 CERTIFY AS
FOLLOWS:
1) the undersigned is the sole Trustee of the Trust;
i
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, all the beneficiaries are
competent and all beneficiaries have authorized and directed this
transfer for nominal consideration.
i
Being a portion of the property conveyed to Grantor by Deed recorded
with the Essex North District Registry of Deeds at Boob 3925, Page 197.
The property affected is a portion of 35 Copley Circle, North
Andover, Massachusetts.
Witness the execution hereof under seal this day of
April 5 2000.
COBBLESTONE CROSSING
REALTY TRUST
By Its Trustee
I
ranklin S, Davis
OF �o
C0 ss. April 3, 2000 ,
2000
Then personally appeared the above-named Franklin S. Davis, Trustee
of the Cobblestone Crossing Realty Trust and acknowledged the foregoing
to be his free act and deed, and the ee act and deed of Cobblestone
Crossing Realty Trust, before n1e, t?mct'a FLJL D 1�o, S� �71-d�►��
�tG ► ��__.__._....
Notary Public
My Commission Expires:
F:INE!'V-DOCs11✓vergreenlDr-easement-Lot 18.doc
DUAN 0.WHITE
E..: . .- A4Y COMMISSION 0 cc$1 m
EXPIRES:March 10 2003
'l11f,5;� Bonded7hal Notary Puhhaihdemritera
URBELIS, FIELDSTEEL&BAILIN, LLP j
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02 1 1 0-1 727
I
THOMAS J. URBELIS Telephone 617-338-2200 Andover Office
E-MAIL:tjti@ufb.com Telecopier 617-338-0122 Telephone 978-475-4552
July 21, 2000 1
Ms. Heidi Griffin
Town Planner
Town of North Andover
27 Charles Street
North Andover, MA 01845
RE: Copley Circle
Dear Heidi:
Enclosed please find the executed originals for the Grant of Drainage
Easement across Lot 22, and Grant of Drainage Easement across Lot L and the
Street Deed for Copley Circle and Cobblestone Circle.
Very truly yours,
Thomas7 rbelis
TJ-U:lss
Enclosures
cc: .lames Rand (with enclosures)
s:hvp511ivork5n-andosakorresp}grifFincopley7-211tr.doc '.
GRANT OF DRAINAGE EASEMENT
Joyce E. Bohannon, Individually ("Grantor") of 25 Copley Circle, North
Andover, Massachusetts, for consideration paid,
grants to the Town of North Andover, a Massachusetts Municipal Corporation, with an
Ln
address of 120 Main Street, North Andover, MA 01845,
0
with Quitclain-r Covenants,
a Drainage Easement for the purpose of installing, maintaining, repairing and/or altering
o 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
x
incl�.ding the light to pass along and over the land for the aforesaid purpose.
The affected parcel is shown as that portion of Lot 22 designated as "Prop. 20' Drainage
Easement" on a Plan of land entitled, "Modified Definitive Plan, Cobblestone Crossing,
North Andover, Mass.", drawn for the Applicant/Owner: Cobblestone Crossing Realty
Trust, 733 Turnpike Street, North Andover, Mass. 01845 1"=40' dated September 1993
revised October 29, 1993 drawn by Merrimack Engineering Services, Inc., 66 Park
Street, Andover, Mass. 01810 and recorded at the Essex North District Registry of Deeds
0
as Plan No. 12330.
N 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 made from
tin-re to time being necessary or convenient for such purposes.
Grantor hereby releases any and all homestead rights in said drainage easement,
o Being a portion of the same premises conveyed to Grantor by Deed recorded at Book
5159, Page 299.
Witness the execution hereof under seal thin day of ,� G ) 2000.
JoyJoWE�. Bohaniion
,WE.
OF MASSACHUSETTS
ESSEX, ss. , 2000
Then personally appeared the above-named Joyce E. Boharmon, and
acknowledged the foregoing to be her free act and deed, before me, P
Notary Public
My Commission Expires: .P' Z_t�"' e_�
C�:1N EIV-DOCS1Eti�ergreesilDr-easement-Lv t22.doc
F:1NEW-OOCS\Evergreen\Dr-easement-Lot22.doc
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GRANT OF DRAINAGE EASEMENT
o Myles R. Ferrick, Trustee of Cobblestone Crossing Homeowners Trust u/d/t dated June
ro 29, 1993, and recorded with the Essex North District Registry of Deeds at Book 3772,
Page 287, of 733 Turnpike Street, Suite 209, North Andover, Massachusetts (Grantor)
x
N for consideration paid,
0
z
b. grants to Town of North Andover, a Massachusetts municipal corporation with an
address of 120 Main Street, North Andover, MA 01845
M
N
with QUITCLAIM COVENANTS
a
z a drainage easen-ient for the purpose of installing, maintaining, repairing and/or altering a
covered surface and ground water drain or drains with any manholes, pipes, conduits, and
w
their appurtenants and to do all other acts incidental to the foregoing including the right
to pass along and over the land for the aforesaid purpose.
0 The affected parcel is that portion of Parcel "L" designated as "Prop. Drainage
Easement `
as shown on a Plan of Land entitled Modified Definitive Plan, Cobblestone
Crossing in North Andover, Mass." drawn for applicant/owner of Cobblestone Crossing
cv Realty Trust, 733 Turnpike Street, North Andover,MA, scale 1"=40', dated September
¢ 1993, revised October 29, 1993, drawn by Merrimac Engineering Services, 66 Park
u Street, Andover, Mass. 01810, and recorded at the Essex North Registry of Deeds as Plan
No. 12330.
a '
With regard to the above easement, the Town of North Andover shall forever have the
0 right to construct, maintain, repair and replace underground drainage works 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.
f
U) Being a portion of said premises conveyed to Grantor by deed recorded at the Essex
North Registry of Deeds at Book 3958, Page 82.
rd
ra
F4 I, the undersigned Trustee of the Cobblestone Crossing Homeowners Trust under
4-) Declaration of Trust dated June 29, 1993, and recorded with the Essex North District
m Registry of Deeds at Book 3772, Page 287,
a
0
k CERTIFY AS FOLLOWS:
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1) the undersigned is the sole Trustee of the Trust;
2) the Trust remains in frill force;
3) that all beneficiaries of the Trust have duly directed the Trustee to execute this
document; and
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4) all the beneficiaries are of legal age, all the beneficiaries are competent and all
beneficiaries have authorized and directed this transfer for nominal consideration.
f Parcel "L" Copley Circle North Andover,
The property affected is a portion o a p y
Massachusetts.
Witness the execution hereof under seal this day of �� , 2000.
COBBLESTONE CROSSING
HOMEOWNERS TRUST
By Its Tr«stec
ll!
Myle . Ferrick
F:1NGW-DOCS\FvergreenlDrainage-Laudaui.doe
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. �`��� `1 , 2000
Then personally appeared the above-named Myles R. Ferrick, Trustee of the
Cobblestone Crossing Homeowners Trust and acknowledged the foregoing to be his flee
act and deed, and the fi•ee act and deed of Cobblestone Crossing Homeowners Trust,
before me,
t•y PubliC �--rn�a��E f`�° O`CraNrU��c.._
/ y Commission Expires; I z o
STREET DEED
Franklin S. Davis, Trustee of Cobblestone Crossing Realty Trust, under Declaration of
Cobblestone Crossing Realty Trust dated June 29, 1993 and recorded at the Essex North
Registry of Deeds in Book 3772, Page 253, of 200 Park Street, Suite 2, North Reading,
Massachusetts ("Grantor"),
4D for consideration paid but for no n-ionetary consideration,
0
ro hereby grant to the TOWN OF NORTH ANDOVER, a Massachusetts Municipal
Corporation, ("Grantee") of 120 Main Street, North Andover, Massachusetts 01845,
with Quitclaim covenants,
certain streets shown as Copley Circle and Cobblestone Circle, on a plan of land entitled,
"Cobblestone Crossing Definitive Subdivision Plan,North Andover, Mass.", dated
December 3, 1992, revised March 26, 1993 and revised May 25, 1993, Scale 1"=40',
V4 drawn for White Birch Const, Co. Inc., 380 Essex Street, Suite 1, Lawrence, Mass. 01841
prepared by Environsers, Inc., P.O. Box 615,North Andover, Mass. 01845 and recorded
at Essex North District Registry of Deeds, Plan No. 12251 as modified by Plan entitled,
"Revised Definitive Plan Cobblestone Crossing in North Andover, Mass.", drawn for
Applicant/Owner: Cobblestone Crossing Realty Trust, 733 Turnpike Street, North
Andover, Mass., 1"=40', July 1993 drawn by Merrimack Engineering Services, Inc., 66
Park Street, Andover, Mass. 01810 and recorded at the Essex North District Registry of
Deeds as Plan No. 12286 as modified by plan entitled, "Modified Definitive Plan,
P Cobblestone Crossing, North Andover, Mass.", drawn for the Applicant/Owner:
" Cobblestone Crossing Realty Trust, 733 Turnpike Street, North Andover, Mass. 01845
1"=40' dated September 1993 revised October 29, 1993 drawn by Merrimack
o Engineering Services, Inc., 66 Park Street, Andover, Mass. 01810 and recorded at the
Essex North District Registry of Deeds as Plan No. 12330.
a
Said fees are 50' wide according to said Plan.
w
1, the undersigned Trustee of the Cobblestone Crossing Realty Trust under Declaration of
Trust dated Jane 29, 1993 and recorded with the Essex North District Registry of Deeds
in Book 3772, Page 253 CERTIFY AS FOLLOWS:
1) the undersigned 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, all the beneficiaries are competent and all
beneficiaries have authorized and directed this transfer for nominal consideration.
F:1NEW-DOCSIEvergreenlDEED-Cobbiestone.000
i
being a portion of the premises conveyed to the Grantor by Deeds recorded at Boob 3772,
Page 261, Boot{ 3772, Page 264, and Book 3925, Page 197.
'i.
In Witness hereof the said Cobblestone Crossing Realty Trust has caused this document
to be executed as a sealed instrument in the presents to be signed, acknowled ed and
livered in its name behalf of Franklin S. Davis, Trustee, authorized this_day of
i t 2000.
Cobblestone Crossing Realty Trust
by,
(Fi }
ranklin S. Davis, rustee
4F
ss
Then personally appeared before the the above-named Franklin S. Davis, Trustee
and acknowledged the forego' g to be his free a9b and deed and the free act and deed of
the Trust on this6,,J day of " , 2000. A lo-U-�-c6 i FL OO -.
Notary Public
My commission expires:
DUAN o.WHITE
' f;yt MY COMMISSION H CC 816358
•o` EXPIRES:March 10,2003
''11;"�;` Bonded Tin NotarypuUc Undenvriiers
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ACCEPTANCE OF DEED
We, the undersigned Board of Selectman of the Town of North Andover, Massachusetts
I
pursuant to favorable vote on Warrant No. at the Town of North
Andover Town Meeting on approved the foregoing
conveyance to said town.
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TOWN OF NORTH ANDOVER BOARD OF SELECTMAN:
COMMONWEALTH OF MASSACHUSETTS
Essex, ss
Then personally appeared before me the above-Tamed and acluiowledged the
foregoing as the free act and deed of the Town of North Andover, before nee.
Notary Public
My commission expires;
F:W F W-ROCSIEvergreenlDEED-C'.obbleslol]e.DOC:
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Date: August 3, 2011
To: Judy Tynnon
From: Pat
RE: Street Acceptance--Cobblestone Crossing
Cobblestone Crossing subdivision was originally laid out on plan 12251.
It was later modified on plans 12286 & 12330.
The land was originally conveyed into Linda E Markham, trustee of Cobblestone Crossing 2
Realty Trust.
Markham, trustee granted the Inhabitants of the Town of North Andover the right to pass &repass 13
over Cobblestone Circle& Copley Circle as described on plan 12251, retaining the fee in both ways.
This easement was later revoked & granted to the Town according to layouts on plans 12286 16,20,25
& 12330.
Markham, trustee granted the Town of North Andover all pertinent utility easements as shown 14
on plan 12251.
This conveyance was later revoked & granted to the Town according to layouts on plans 12286 16,20,23
& 12330.
In 1993 Markham resigned as trustee of Cobblestone Crossing Realty Trust, 27
Thomas D Laudani & Franklin Stanley Davis were appointed trustees.
In 1995 Thomas D Laudani resigned as trustee. 29
Cf record Franklin ,Stanley Davis is still current trustee.
The most recent instruments recorded in North Essex state that lie lives in North Reading.
North Essex Registry of Deeds run through 7/28/2011.
Patricia G Cavanaugh Title Examiner North Essex Registry of Deeds
Cell Phone: 978-6I8-6636 FAX.- 978-685-9735 Email;pat a tliecavarratrglis.cont
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.... i EK8772
Dements J. Moasina, dosephLne L, Messina also known as Josephine Mosai&�i
e ataphania H. Messina, formerly known as Stephanie M. Reynolds, all a■
individuaier aqd Domenic J. Messina, Co-Executor, and Josephine Meseina, -
Co-Executrix, both of the Estate of Louis Sergi, Essex Probate #88P2975E1
RXLCMR under the WILL of-*WM*V%WM Wow ESTATE
�Ii�EII?6'���?��RDtJ�,3�1g'6��� l�I�tORM61C
of Louis Sergi
by Power o dmvd by will s
uad every otbor pewee, -
for Five Hundred Fifty-five Thousand ($555,000.00)---------------Dollsoi
' to Linda E; Markham, Trustee of dCobblestone Crooning Reality,Trust
�' il►e Isnd is 114ak hJ}snnoU tlasRacjyse�s and as further "
described in odul A,-Are r Da cr do attached h8retp and
u incorporated. hercin by rofarence.
The ppropper% address of the !.
. Ma D18A5. �aaephine Messina pismole North 6Andover,�MAej DomenlenJaves,
�-� Moesipa and Stephanie M. Messina are both of Bradford, MA.
DomOniC J, Messina, Individually of Bradford, NA and Stephanie. td.
' Messina, Individually, of Bradford, MA, devisees under the will of
b Louis 8ergi'; 3oin in this.deed to convey, and hereby convoys, all of tst
their right, title and interest in and' to the property conveyed v hereunder.
-11caning-and .intending to convey a' portion of the property described M
in a deed dated August 11, 104D to Louisa Sergi and,Rose- Sergi, � I
' recorded with Essex North Registry of Deeds-in hook 117(1,• page 15. :
Mose'Sergi died on June' 14, 1979, see death certificate recorded
herewith.
k 3 oy
t >rcj I
4
• ice+ ��� oq
'• 25tih June
..,..,.,...............dty of... ..............,.,.....<.lg.9at
p e Messina, Co-Bxecutr1x' Domenic ,7Hassina,"individually
ria�... a� zncutor,... .J !ad•pltifrf`d"' ':`rh�f1. pY'Bltst'i1y
tnphanin M. Messina, individually'
��d �pIMtlWililtlM�t� il��(ltllNtra
Essex fs, Juno 25Tben
1Q93
Oomenia � a ta, #n4 hen 0JN. mouainaosephine . Messina ak# Joreph#no tloonfntr
#ad sxknow'lWSW dw(Wq�bWum at b be the i r free suet utd 4"d,�brfore m4
Nano Oi i n cy"u Now Zr , )W*9A* 1Mx
RK3772
Schedulo A - Property Description •
I �•2�i2
MITI$ AND SOUN05 IWAtfTiOM ;
CGIBL fONt CA0$STM4
A parcel of land too4ted on the sauth side of MISSAchuaotts AV$Aus
and the seat side of Chickarfng Road, beginning at a point aft the I.
fouthside of Massachusetts Avenue at a concrete bound at a paint of �
curvature, funning: j
3 490.34'-39" [ 403.24' m machusetts e to a tAvenuherly ss +paint At
land of karchol, thence 3
3 400.26'-21. 11 160.00, along land of liarchol to a point,
' thence i
3 490•34'•39" L 126.00, along land of liarchol to 4 point,
thence
N 400.21'-214 t 160,00, along land of Warchol to 'a point on
the southerly sidalins of ,•
Massachusetts Avenue, thence
3 490.34'-39" [ 40.00, along the southerly sideline of
Massachusetts Avenue to 4 paint at
land of Healey, thence
$ 400.26'-214 V 125.00, along land of Healey to a point,
thence
3 496-34'-39" 9 491.50, 1Ion? land of Healey, Pitt 0rson,
Nmo ne and Olenio to a point at lane
of Moen, thence
3 870-031.674 It 217.03' along land of !fain to a paint, thence
3 010•!d'.12' t 124,89, along land of Moen to a point at land
of Butros 1t Realty Trust, thence
S 800-52'-54' li 41.24' along land of Butros 11 Realty Trust
to a point, thence
S 070-11'-560 M 247,47' along land of Butros It Realty Trust
and Cranberry Lana Realty Trust to 4
point, thence
S 870.00'-14• N 156.02' along land of Cranberry lane Realty
Trust and Cahill to a point At and
now or formerly Arcidiacano, thence
M 020.46'45" 1r 126.06, along land of Arcidiacano to a point,
thence
S 660-401.0e" Y 451,42' along land OF Arcliliacano to a point
on the oastarly sideline of
Chickering Road, thence
1 �
BK3772
'Mfta1 and Sounds Detcrtption Z '
Cobblestone 4roSsinp
page Two
N ?4o-2d'.xS" E 167.35' aloepp the caster#y a sfdeltae of '
Checkering Road'ta point at land of
Prentiss, thence '.
a6o•31'•34" # iZS.00' along land now or forKerly frentisa
to a point at land now or torarfrly
Ooa Fa►a11y Trust, thenc♦
S :g40-D$'.$a* E 1JJ.7i' along land of Doe Fassely'Trust to a i
paint, thence•
N Y4o,11 '•15" C 360400, along land of Doe >ramily Trus.t to a'
point, thence"
640•31'.35• p 100,00, along land of 00A F:Mily Trust to e
point at land of Messina, thence
li 240.21#'.td" E' 110.OD' Al Ong land of Messina to a paint,
thane!
N d6o-31'�J'1` rd 20,00, along land of "estina to a point,
thence
ei 24o.YS'•25"' E . )100.00' along land of Messina to • paint,
thence
N 660-31':31' M' 126.00, along land of Messina to 4 point on
the 64sterly sideline of Chlckaring
Road, thence
h 24o•is'-YS" E 111.50, .along the east'arly sideline of
Chlcklreng Road to a point of '
Curvature
the reyht, thence along ! curve to
1]
R 75.0' E 130.0V along the easterly sldelino of '
Checkering Road trans.ttlonloo to the
southerly sideline of Mossachusotta '
AVInul, to a point of Curvature, at a
aoncratl bound, ssid point being tha
point of blgtnlllnp,
Said parcel consists of•l.ate 1 thru 1) incluSiva, the Open Space
L J parcels A-1 thru A-4. inclusive, and the Mays shown 61 Copley Circlt
and Cobblestone Circle, all shown on *Cobbleatono Crolstnp Dafit11t1Y1 5ubdlvislon Plaft' INorth Andover Msssoch�rsltt6, dated DeCe bee 3.revised (latest) May 3, li m applicants Uhlte Direh
Construction Ca., tnc.. prepaped b : Environarr0, Inc.," containing
9.1_* acres. land area.raeorded as plan #„
i
f f
B R3772 �
[ nECIAMl'SOH OF TRUST
�ATA�A,�t3HlHG
THE r
COBBL16TORN GROSSING REALTY TRUST CC
/<)
i, Linda. R. Harkhata, do hereby declare that I and suaae*eor
Trustee(s) in Trust hereunder,,will hold all such pro
pertias as ,
may be transferred to me as such Trustee, or to •any sucosrsor
Trustes(s) hereunder, in trust for the sale benefit of the
beneficiaries for the time being hereunder; upon the tests
hereinafter set forth.
Al:l references hereinafter to the terra "Trusts*" (although
hereinafter genarally used in the singular), wherever used -•n
--*----�-
herein, shall be treated as a reference to such person of such
Vender And number who are at the tilde serving as Trustee J �. <
hereunder, and shall as applicable, include as the original
Trustee; and such persons) who hereafter are serving as a
suoos*sor or additional Trustee(s) hereunder. All rights, '� f
powers, authorities, and privileges reserved hereunder by and for
the Trustee may be exercised by the original Trustee or by any III
person(*) who hereafter is or are serving as Trustes(s)
hereunder, subject to the provisions hereof.
• 1. Name of Trust. The Trust hereby established shall be
referred to as the COBBUSTONE CROSSING REALTY TRUST.
g. ben f diaries. The current beneficiaries of this Trust �7 .
ere the-peraons who are listed on a "Sohedule of-Donefiaiarloso ,• 7.,
setting fpktt ."e namam and the rsopsotive•peraeritage intorssts ,
r�
a ,
5�4-Y 9
71
' .w,.. . ' • ... .. .�..r.... ,.,.
4
254
of each such person. Such achedule has barn executed by the
Trustee hereunder and said beneficiaries, and way from time to
time, be amended by an instrument to any such effect as may be ,
executed by the then Trustea(s) hereunder and each such
beneficiary. ,If any beneficiary as, from time to time, listed in `
a schedule of beneficiaries is a trust entity, the rights and
powers of such entity as a beneficiary shall be exercised by all
of the Trustees thereof, or by such of thew as are empowered by
` the trust instrument therefore to act on behalf of such trust
entity.
Except as otherwise permitted by all of the beneficiaries,
the interests of the beneficiaries (subject only to descent and
distribution by will or by operation of law) shall not be
transferable and their respective percentage interests shall
9
remain as set forth an said Schedule as from time to titan
amended. In the event of a transfer of any such beneficial
interest by will or by operation of law, the consent of any such
transferee to any aotion by the Trustees shall, at all times, be
presumed to have been mads and actual consent by any such
transferee shall not be required. Any Trustee hereunder may,
without impropriety, be or beoome a beneficiary heroun4or and
exercise all rights of a beneficiary with the same effect as
though he were not a Trustee.
3, Trust Estate for Benefit of Beneficiaries. The Trustee
shall hold any property or rights given, transferred or conveyed
to him as Trustee, and all issues and aaaretionr in respect
thereto, for the benefit of the benetioiar€es from time to time
1Q,3.3Z1
i�'n�,L'�.�`. .�.. �.,�i:+�.'�L',..7:`..pia.+°�..'.,u�..:..... �_ _. .._._... .. .. •^
893772
}
(and all rola,ronoos:,hsrt:�ltor.r beneficiaries shall be treated '
as a refirencs to those who are at that time the beneficiaries
a
hereof) which shall be reoorded in their favor or the Trustees
shall make provision for dispositions thersof 'pursuant to the
direction of the'thon beneficiaries,
<. Powers_ of_TEuatsets), subjeot to the written direction or
consent .of the majority in interest of the beneficiaries, which
shall be conclusively evidenced pursuant 'to the provisions of
Sootion a hereof, the Trustee shall have power and authority to
borrow inoney, purchase property and assign, transfer, mall,
mortgaga, grant leases, options covering any part or all of much
property, and to grant discharges and partial rel•sma■ of
mortgages, or otharwiss dimpose of all or any part of the trust
property all for such consideration and upon such terns and
conditions' as the Trustee, acting with such authority and
direction or Consent shall deem proper.
The Trustee shall have full power and authority to delegate
by suitable written instrument to any person(s), acting singly or
together with others, whether or not serving as a Trusts*
hereunder, full power and kuthority to perform such sots and to
execute such instruments which such Trustee might do or perform
under this Doolaration of Trust.
Any and all instruments.executed pursuant to powers herein
contained may create obligations extending over any periods of
time, including period* extending beyond the Mite of any.pomeible
tbraination of the Trust.
• 111�M
. id,S.911 •
l
Notwithstanding
any Provisions contained herein, no Trustee
shall be required to take any action which will, in the opinion
of such Trustee, involve him in any personal liability unless
first indemnified to his satisfaotion. Any person dealing with
any Trust$* shall be fully protected in accordance with the
provisions of Saotion 8 hereolt.
6. Term of Truett Termination. The Trust may be
terminated at any time by a majority in interest of the
beneficiaries by notice in writing to the Trustee, and the Trust
shall terminate in any event twenty (20) yoa>:e after the death of
the original Trustee hereunder. In ease ,of any such termination,
the Trustee sha•11 transfer and convey the specific assets
constituting the trust estate, subject to any lease, mortgages,
contracts, and other encumbrances or matters affecting the trust
state to the beneficiaries in proportion to their respective
interests.
b. Resignation, Removal, Addition, Succession of Trustee.
Any Trustee hereunder may resign by written instrument signed and
acknowledged by such Trustee, and such rasignation shall, as
respects real estate interest in the name of the Trust be
recorded with each ouch Registry of Deeds (the Registry) within
each such county in which any real property interests of the
Trust are than located and in which this Declaration is to be
recorded.
At any time or times a majority in interest of the
beneficiaries may by written instrument to the following effeot,
remove (with or without aausa) a Trustee and/or add one or more
10,3.171
1711
B98772
0
additional Trustes(s) hereunder, The r4moval of a Trustee, if
exercised by the beneficiaries, ■hall be reflected by a
Certificate, raoiting such removal executed and acknowledged by
my Oruatea then in or succeeding to such office and recorded (it
applicable) with the Registry.
It for any esaron the original Trustee or any additional
Trustee as appointed by the beneficiaries shall cease to be a t
Truster hereunder, the then Co-Trustee, if any, shall continua as'
sole Trustee hereunder unless a suco,rasor Trustee shall be
designated by•written appointment of the beneficiaries. Any I
I person appointed or Succeeding to the office of Trustee
hereunder, pursuant to.written appointment by the beneficiaries
as aforesaid, shall become a Trustee upon acceptance of such
appointtent, to be represented by written instrument to that ,
effect signed and acknowledged by such person and the remaining I
Trustee, if any, and thereupon duly recorded with the Registry.
A statement by such successor or additional Trustee and the
ramaining Trustee, if any, in such written instrument of is
acceptance that such su000ssor or additional Trusts has been ,
duly appointed as Trustee, pursuant to. the provisions as this
paragraph, and that such successor or additional-Trustee accepts
such appointment shall be conclusive evidence.of his appointment :> '' ,
as Trustee hereunder and of the' facts upon which such appaintmmt..
was predicated.
Upon the appointment of any additional or successor T"tee,..
., the title to.the'trust estate ahe11 thereupon and without the
necessity at any transfer or aonveyanoo be vested in the said.
w3w
10,3.321
�c
BK8772 �~
additional or successor Trustee jointly with the remaining
Trustes(s), if any. Each sucaeeding''Trustee shall have all the
rights, powers, authority and privileges of a Trustee hereunder ,
as fully as if named an an original Trust#a hereunder.
No Trustee shall be required to furnish bond.
7. amendment of Declaration of Trust. This nenlaration of
Trust may be amended from time to time by an instrument of I.
amendment signed by tha then 'Truatee(e) hereunder and the
beneficiaries, provided, in any event,, that no such amendment
shall become effective until either (a) ouch instrument of
amendment or (b) a certificate by any Trutt**, setting forth the
terms of such amendment, has been signed, aeknavledged and
recorded (if applicable) with the Registry,
S. Trustee Responsibility/Reliance by Third Parties, No
Trustee hereunder shall be liable for any error of judgrant nor
for any loss arising out of any act of omission in good faith,
but shall be responsible only for his own willful breach of
trust. No license of court shall be a requisite to the validity
of any transaction entered into by the Trustes(s), No purchaser
or lender shall be under any liability to see to the application
of the purchase money or of any money or property loaned or
delivered to any Trustee, or to see that the terms and conditions
of the Trust have been complied with.
Every agreement, bill of sale, assignment, lease, deed,
Mortgage, note or other instrument executed by any person
appearing from the records at any Registry to be a Trustee
hereunder shall be conclusive evidence in favor of every person
10,3.321
' f
I
i
iY'i'IF*.i•iGiifi�fo:'YaA CAP'.•MM
I
4. ' BK8772
relying thereon or t'W*Aunder that, at the time of the
delivery thereof, this Trust war in full force and •!loot and
-that the execution and delivery of such instrument was duly
directed by the benefioiarles. Any parson dealing with the trust,
property of the Trustee may always rely, without further inquiry,
on a certificate signed by any person appearing from the records
at this Registry to be a Trustee hereunder, as to (i) whether or
not the Trust has been terminated, (ii) who are tho Trustees) or
the beneficiaries hereunder, (iii) the authority of the
Trustee(e) to Apt; (iv) the existence or non�oxistsnor of any
tact or fact* which constitute conditions precedent to acts by
them st k. � ee( ), or (v) any other matter germane to the affairs of
the trust. Exedution of such instrument* by any one Trustee
shall be effeotiva.
A. Third Party Rights Against Trust Estate only. In wary
written contract made by the Trustee(*), raferanca sha11 be had
to this instrument, and any par*on contracting br d*el.ing with
the Trustee shall look only to the trust estate or corpus and not ;
to the Trustee individually nor to the beneficiaries for the
paym.nt of any debts, note, mortgage, Judgment or decree or any i
other obligation or any money that may otherwise become due and
payable by reason of this failure on the part of the Trustee to
perfgrm such contract, in whole or in part or for any other cause
or reason.
14. Action by One Trustees. It is expressly understood
�!
that if it appears► from the records at the Registry of beads
"art this Trust is reoorded that there is •sor& than one Trustes
a
DR3773
260
hereunder, them any one of raid Trustees, may unilaterally
exercise the powers of the Trustee hereun4or, including, without
liwiting the generality of the foregoing, the execution of bills ,
of sale, assignments, deeds, agreements, mortgages, notes,
leares, and other instruxonts and contxaots.
11. Gender. All references and use herein of the female
gender or pronoun shall mean the 041s gender, and reference and
use bf the plural shall mean singular and vice versa, except
where such meaning would negate any portion of this document.
Executed as a sealed instrument the day of June, 1991.
&662�
Linda E. Markhax
COHRO WEAIl1'H Cr MASSACHUSETTS
�SBKK, Ad• UM '�. ,,,�,, 199y
Then personally appeared the above named Linda E. Harkhrx
and aoknowledged the foregoing instrument to be her free act and
dud, before tw,
Wtf r.0 Cnf`i��DOW—
my Commission Expireal V f2, fy9�
lo,�•axi .
i
i
_ ....� � ---- -- -- - ., �iS,iS�.{4iu•,�Mtilelydwe>.r .-:eb.w:l,iufr. .
ray
• - O�i1f1T•iDl�-�-1S1►BX146NT ,
X, L,inAa Z. Markham, Trustee of Cobblestone Crossing Realty
Trust u/d/t dated duns 99, 1093, recorded with the Umax Mortlt
Registry of Deeds, herewith, for consideration paid of Ona Dollar
($1,00), hereby grants to the inhabitants of the Town of Worth
Andover, Zssex County, Massachusetts, an easexont to pass and �[
repass bn and over the ways kAcwn as Cobblestone Circle and
Coploy, Circle and to use said ways for all. purposes for which W
streets and ways are commonly used in Worth Andover,
Massachusetts,' Ccbbieftona Cifoli and Copley -Circle are koxe Ar
�articularl� described on eheets 3 and-4 of 9' of thi Plane '
entitled "Cobblestone Crossing A Residential single Family
Dwelling DeVelopment in North Andcver,•MA", which plans. are tiled
with the Essex North Registry of Deeds as Flan No.
Grantor expressly reserves from the conveyance hereunder the
fee interest of the land in Cobblestone Circle and Copley Circle,
for title rsforenoe see deed recorded herewith, ,
1Cxsoutsd as a sealed instrument the day of guns, 1903.
F
Linda E: Markham, Truster an
not individually
COMMOHW$11I1,0.'f[ DP K"BACHUBETTa
zs&EX, 8d, Juno , .1991
Then personally appeared the above named Linda E. Markham,
Trustee as aforesaid and aoknov;sdged the foregoing instrument to
be the free act-a" dead of Cobble Crossing Realty Trust,
before as,
Nc ry pub is `
my Comicsion.UpiresI orm l2,iif?.
(TI
• ' . • r
280 '
��[_YANCI OF EASEMENZ1_AHo_uli c�trtss
Croseing Sealty Trust "
Linder 3. Markham, Trustee of Cobblestyedf
•�•` County, aSsae kuse ts; ar t e ,
consideration a f one ar hereby grants, transfers and
delivers unto the own a rE over ,
municipal corporation in x county, t e
following; u/t/d dated June 29, 1993, recorded herewith
A. The perpetual rights and easements to construct, Inspect, repair, .
remove, replace, operate and fareve,r maintain (1) a sanitary sewer
or sewers with any manholes, pipes, conduits and other appurtenan»
ces, (2) pipes conduits and their appurtenances for the conveyance
of water, and {3) a covered surface and ground water drain or drains
with any manholes, pipes, conduits and their appurtenances, and to
do all other acts incidental to the foregoing, including the right
to pass along and over the land for the aforesaid purposes, In,
through, and under the whole of Cabblastoae Clrcis and Co 1e e ,
• dated December 3, 1992 as revised , said plan s ma a and said plan s
incorograte ere n or a complete and detailed description of said
roads.
9, The perpetual rights and easement to use for �kve /rC'ti3itiesnrcid�rega
e followino parcel of land
and b in said town o beNorthd as Andover
n ov?011ows� ��tii111i 1�Y" —�
1. Access/Fgress, Utilikies Easement shown at the end of Copley Circle in
Parcel A-3 Openspace on plan 4 i 12 s k
2. Drainage Essamnt shcwn in Parcel A-1 Openspace on Plan # vxxvk.
3. Draiwe Easement shown on Iota 2, 14, 15, 16 and Parcels A-3 and A-4
Openspace on Plan N 12 2
The ggrantor warrants that the aforesaid easements are free and clear
of all liens or encumbrances, that he (it) has good tf�.tie to trans-
fer the some, and that he will defend the same against claims of all
persons.
For grantor's title see deed from Executors of Louts Sergi
dated June a S� an rec,or e
North DOUR C1strici Registry of Ceeds, oaSL
ago , or under Certificate of Title Na.
regis ere n District
0-7—the Land Court, B00$ age �,•-,�
To be completed if a mortgage exists ; Pane
And Of
the present holaer of a
mortgage on the above W—$777el jand, which mortgage is dated
19 and recorded in $aid deeds, 8aoo
age consideration paid, hereby releases
un` oothe town far ver rom the operation of said mortgage. the rights
and easements hereinabove granted and assents thereto.
(Page 1 of 2) +
DNS772
i
Iasi
Authorixed signature of MortgaQet. � S. Markham, Trustee
IN WITNESS WHEREOF we have hereunto set our hands and seals this �
day of lg -`Li_.M,
i.
i
CONKONVEALTH OF NASSACHUSETTS
,Fseex ,ss -jnne g9. w_� 19M
Thin' persvnally apppeared the above Hoped hinds E., Harkha
gj
and acknowledned Lha,foregoing to be her
act and dead, ba}are lea.
otaryuD c
My Commission Expiroll:
SiJTEr Tht ConVeyance li not effective pntil accepted by Town NeetillQ
or'•the soard of Selettnon.
(page 2 of x)
•. ��"Booties to APPIMOANO(1MR OLaax grad nertl4cation.of Aotion of Plawdag Board �.
on Definitive 3ubdi'rieion P14ra entltlsde
.; Cobbleatono Crossing
' J)yl Envirneera dated•17 3 92 peViond '= lg,,,,;,•
/ 91 1 5/3/93
The Horth Andover Planning Board has rated to APPFM said plan, tnt►Jeet to the
following conditioner ;
i 1.. That the reoord owners or the t6jeot land forthwith execute and reoord
a *covenant running with the UMNj, or otherwdee proride, security,for tAe eor-
struction of wo s and the installation of Mwdoipal tervione within maid sub-
di^:sion, all ul prodded bar O.L. e.. lwl,w Sr 0349
-2. That all suoh construction and installations sha13: is all respects
ooarorm to the governing rules etxi'regulatiops of this,Aoard.
than to required by the ltarth Andover Board of Bealth in its.report to
this $card, 00 building 6p other etruture &MU be beilt or placed upon Lots
No* as ahowai an said flan without the or-
conae:tt s Boe'
k. Other conditional ., n. , F
• . . ' fir_ +*
u"eor
""log
Rp chi INS fafp x
kvof y,,joi ra y•i ,
�'70fyfa���MOnfwd �.�exm � •
I In the *vat that no appeal shall hero boon'takon from said,approval with
twaeraty dag>s from Use date* the Borth Andmr Pluming'Board will CwthwM
1 thereafter endorse its forral approwral upon grid plan.
• ' .I RMNNRMMMMRrVNMMNMMMARMIL'MM'MNN'MMRRMwMAMRR �'s� ,
'• V*`Borth Awtorwer Plan dug Board his ASAPPRIlM void plaaw for tM fo3lowing
. ' i rfaaorwil i '
Dahl .4glv_29. 1293 �y AlC d FEard• lay Chairwatf
�. ......... ......-----._.. _ �_
ago P,
Cobblestone Crossing
Definitive Subdivision - Modification
Conditional Approval
1
The Planning Board herein approves the modification to the 17 lot
Definitive Subdivision approved by the planning board on May 12,
1993. This Modification in requested by Cobblestone Realty Trust,
733 Turnpike Street, North Andover, MA, dated July 12, 1993.
This modification approves the realignment of Cobblestone Circle
so that it Is directly across from Phillips Common.
The planning Board makes the following findings as required by
the Rules and Regulations Governing the Subdivision of Land;
i'
A. The Definitive plans, dated July 1993 include all of the
information indicated in Section 3 of the Mules and
Regulations concerning the procedure for the submissioh of
plans.
S. The Definitive Plan adheres to all of the design standards
As indicated in section 7 -of the Rules and Regulations.
C. The Definitive Plan is 'in confoi-mance with the purpose and
intent of the Subdivision Control Law,
D. The Definitive plan complies with all of the review comments ;
submitted by various town departments in order to comply
with state law, town by-laws and insure the public health,
safety, and welfare at the town.
Finally, the planning Board finds that the Definitive subdivision
Complies with Town Bylaw requirements sa long as the following r
condit•ians are complied witht
i. Prior to endorsement of the plans by the planning Board the '
applicant shall adhere to the following. '
A. The applicant trust meet with the Town Planner in order
to ensure that the plans conform with the Board's
decision.
b. A covenant (Form I) •securing lots 2A, 15A, and 26A must ;
be submitted to the Planning Board and recorded for the
construction of ways and municipal services' within the
subdivision. Said lots may be released from the
covenant upon the posting of security as requested in
Condition 3(c) of the. Definitive Subdivision Approval
dated
A covenant is not required for Lot LA as the model home
will be constructed on that lot and the Board is
. L
f
holdi d for its completion.
A Lot Release Form (FORM J) will ba'signed'by the Board
for Lots 2,. 15 and 16 upon the acceptance, of fihs :
Covenants for iota ZA, 15A, and 16A.
C. All drainage, water,, and esgwaga facility designs shall f
be approved by the North' Andover Division of Public
Works. Provisions for water .intrusion mitigation shall
e be included in the design.
d. All conditions Listed heroin which shall require action
by the applicant after endorsement, shall be placed an
the final sheet of the Record Plana which will be
presented for endorsement by the Planning'BSard.
.0. The 'final packet of plans to be aublditted to the ;
Planning. 'Board musti' include .the 'following revised
sheets:
Sheet 5 . Topographig & Roadway Plan
Sheet 6 Topographic & Roadway plan
Sheet 7 Topographic L DrainAga profiles
The revisions should include the location of each home
and driveway. The driveway to Lot lA must be at 104st
100 feet from Massachusetts Avenue.
All documents .shall be prepared at the expense of the
applicant, as required by the Planning Board..,Rules and
Regulations Governing the subdivision of Land,
Endorsement of the plans is proof of satisfaction of the ,
above conditions,
a. prior to the start of conutruotions
The raoord plans aunt be endorsed by the Planning Board and
recorded by. the applicant -at the Essex Borth Regiatry of
Deeds. Copies of the recorded plan must, delivered to the
PLanning Office.
r §. . This Definitive subdivision Modification approval includes
the following dooumohts:
a. Definitive Subdivision Approval dated May 12, 1993.
b. Spacial Permft granted May 12, 1993.
t , n. Plans entftlsd: Cobblestone Crossing
A Residential -single Family
Dwelling Devsjopeaent in North
t•;
Andover
Dated$ December 3,. 199Z, revised Nnkdh 25,
Prepared For: White BircheConestruction3Co., Ino.
380 Essex Street
i Lawrence, MA01841
Prepared DYs Environeers, Inc.
160 Pleasant Street
i North Andover, MA 01848
I d. Plans antitlsd: Planting Plan
Cobblestone Crossing At North
Andover, MA
Prepared by: Miquelle, MZb Orcup
•. Plans entitled: Revised Definitive Plan
Cobblestone Crossing
in North Andover, Mass.
Drawn for: Cobblestone Crossing Realty Trust
733 Turnpike Street
ScAles North Andover, Mass.
1 -401
Dated: Zu1y 1993 .
Prepared by: Merrimack Engineering Services
66 Park Street
Andover, MA 01810 s
cc, conservation Administrator
flirector 'pf Public Works
Health Administrator
Building Inspector
Police Chief ;
Fire Chief
Assessor
Applicant
Engineer
File
Cobble.SubdMod
3
• i it
B1,8902
' AFFIDAv1T
Reference is made to(a)a Grant of Basement from Linda E. Markham,•
Trustee of CobbWstone Crossiog Realty Trust,to the lnhabitahts of the Town-of
North Andover, which Grant of Basement is dated fund 29, 1993 and recorded'
with the Essex North Registry of Deeds in Book 3772,Page 279,and(b)a
Conveyance
me nce of Easy moots and Utilities
Y from ssid'T sus a tee t the
Town of North
F` Andover,which Conveyance is dated Tune 29, 1993 and recorded with said Deeds !
in Book 3772,Page 2801
The undersigned, Daniel Long,being the Toivn Clark of the Town of North
Andover, hereby affirms that neither said Grant of Easement nor sold Conveyance
of Easements and Utilities has been accepted by vote of the North Andover Town
Mooting or by action of the Board of Selectmen,
Executed,under seal,this day of November. 1993.
an 1 Long, 0
' ' 1 • -• -... ..,.... _...........r _..... ' ..+-.ter.
1 '
REVOCATION OF EASEMENTS� —_^'
This Revocation. of Easements. is made as of the
November, 3993, by Thomas D. Laudeni, as Trustee of f-9— day 'of
Coblestone
Crossing Realty Trust u/d/t dated June 29, 1993 and recorded with the
Essex North Registry of Deeds In Book 3772, Page 233,
Deference is made to (a) a Grant Of Casement from Linda E.
Markham, Trustee of Cobblcstonc.Cressing Realty.Trust, to the Inhabitants
of cite Town of North Andover, which Grant of Easamcni is dated June 29,
1993 and recorded with said Decds in Book 3772, Pagc 279, and (b) a
Conveyance of Easements and Utilities from said Trustee to the Town of
North Andover, which Convcyancc is dated June 29, 1993 and recorded
with said Deeds in book 3772, Page 280.
Reference is also made to a certain Affidavit Of Daniel Long, Town
Clerk of the Town of North Andover, which Affidavit is dated November .
154J31993 and is recorded herewith.
Whereas, pursuant to said Affidavit neither said Grant of Easement
nor said Convcyancc of Easemonts and Utilities'has been accepted by .the
Town of North Andover.
Now, therefore, the undersigned hereby revokes, terminates, and
otherwise cancels the Grant of Easement and the Conveyance of Easements
and Utilities, together with all rights, casements and entitlements conveyed
thereby, all with the same force and effect as if the same had never been
IC
granted. �o
Witness, my hand,under seal, the day and year above first written, f
Thomas D. Laudani,as Trustee ,
as aforesaid and not
Individually
$'
. f �
COMMOXWt'Aft.OF MASSACHUSETTS '
Then Personally appeared Wore me•tlhe'above bsmed Thom' s D.
l.rudsni,Trustee a sforelAid,aid acknowledged the foregoing inatTument
to 8e his free act and deed,
s
i
.t: SK9925 i
22liXEYANCE OF EhSfM[KtS AND U YIES
•,. .:;. �'��.xilsi<ae.D.'Laudadi, N*A'M 2$ 1993
�;<';n'x �ab5laatoiii'l;r 2 rua
oas ■ t t u/d/G t' If .1 3'Tuxre i Strei 'jiiia 209
Tuxn ike t►
:r: a ltotth AndoYe r. RIM , COUn yt ,p siC�uSe fs
'horeby grants,
dalivlr,s unto Ott Q erar�ffars and
`'s •,,`S' `7=','.. _ '.•. acc v.r '
S�F.: nunicipal corporrtion in .�• aun. 4� a
f011owinpr y►
Al The perpetual rights and +asaments to construct, Inapact, repplr,
ramove, replace,:opopttR.and for4V0r:Ma1ittaln (i) a sanitary saner
or sewers with arty manhol+a; ipes, conduits.and other appuetanan» }'
" '` .',•'..-'' : , p.: : ' Cal, (2) pipes condulti$ and. their appurtenan'ca! for the G9440Yanaa i
o.f w$ter, and3) a covered surface- acid round wlilar.-dtain.4r:.¢rain$',
f +� ;»ith' any'"r�anholes, pipes, condvit! and heir appurtenances, and to "
do :all a,thar act$ tnatdental to the farepoing, inaludin' tpd 'right
to 0111 00'A '� and' o-rer the lend for.the.afof+s114d piardo�ds, in,
ii through', a11d 'un,4 "thiw {`thole of Cobblssit -Ciixcllk.aad•Go'1'a' Cirola ,
r• s.q _.,t• d*bard ah un on Ellin /122 kr to ti'!a pan is D1 a bn !a pan s' '
1ilcProora > era n r c mp ate and data{led da:criptlon of said
roads to
. codified by Plan 112286 and Plan !
the arpet.ual rights and +asement'to use for �•draaSe
>;•" ,,;• •`? ;:1:- the-totiowing-parcel of land in situated sE,o
,,4trr�r. iM ti' d town of ' North Andover e
ircla
% ��' e` and-,bbundi-d rind describe as o ows,
Arainsle Saiemane shako in Parcel A-1 Opmepace on Plan I12251. d
2. Drikinaae Easamont shown on Lots 2, F4, lS !b and Parca
a is 11-3'and A-4
Flpanspace on Plan /12231.
;i:' ' `i=•',' .:�;sr- }} , +�a and the area shown ■ "Prop, 201 Slide Vtility Eaasaant" on Peraal P, 11en mein
The grantoi warrants that .the aforesaid easor,ents are frta and clear .,
of ail 11+ns or tncumbrances► that -he (it) has goadSitle to trans-
:'`,;� ' fer the+rsons,s/ma, and that ha will defend the same agalnit claim! of all
For grantor's title see deed from tatste of Louie Sergi
dated June 25 no r COr n
:'N" v'��' ,. ... ssx ort ers Ois Ct R'9i$tr of. U4ads o
iL r age aaA , ar undtr Cair#Sfi ra f '" "�.�t,� I. '
cat P .titl44
e
mod' urt 60ok Dtltrict ` ". ' _
;t. ;"
Y`;:: ',' ,; To be cofnpi rted If a faortgapt +xt,lts r
l i.!•,', j'' `•'•�' Fif r AndZt
rUkht ho ldtr o
,. ,.; a a t a V+ $
i ``" 9 9 o c tlong, wh1C maripaGa 1s datod
+,' `.' ' ► I9 and recorded in $atd De s i .+d, , doo
;'•' ' ► R .--foo id i n, a h.;�:.• :,�.• <�;z- '�*�.� ,,;'�,• a o , con f trot o paid. hate y ril+as
,
fhoefriNn"r;b"iO'Vo+m the operation of -said lnortgtga, rh a
Ad t + w
4nts o ri
graot'ad and.a!$tnts thereto.
(paOM'. I of 2)' .
-r:
Cobbleltono Crossing R*Alty Trust
2V; T110 J
Authorized Signature of Mortgage! Q4fnornaeIndivldually D. LaWani, Truataa and not
IN WITNESS WHEREOF we have here nto set our hands and Seal$ this
day of Decemaar 19 93 �..
C014MONWEALTH OF HASSACHUSETTS
Then personally a ppeered the above named
and acknowledged the foregoinq to b$ � r��
act and need, before me, � t°°°
Notary Pubi9'y'` ;
My�C�OMMI ss;tdg'i;x L•�'e3,;l''''
ti«J „ I.y�.• �.
NOTE; This conveyance is not effective until accepted by
V
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(Page 2 of 2)
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.• r Y,I�+'�lM1Tae;Nwwn.+„n .. . •p:o- ,
:'.�,, t.f •y,,4+.Ft.fir . r! - I! - , i
'„�� r•'.r.. r+1„2:,�r.+`;F4i=: ,Cyr ''`. '•L • .} ������.�j+�1$�611�W7;';. -�j!'•:'n .'L
f,'• tiSi f;1 L�t�tCr 1` °'� ;Y�< �s;,w 1,,Thomas.d).,LA'udeni,Trustee of Cobblestone Crossing Rt�1 '
ii I
t st
%d&t dated June 29, 1993 AA rcl: d,wuh;iw Essex North Regiit of
q :v Ckeeds fl Book 3777,1•agc 253jd doiiEfde'�`�tic t► wfd of O»a�yo lai !.
($1,00),66by'grint to tha inhabitants of the Town of North Andover,
Essex County,ty+ Massachusetts,an cast
Mont to pass And repass on and over
:', t .` a �p::3 f.,•,.=3 fiD p : i• vpti of .. wo knbwa as Cobh]
ettane Circle and Copley Ci rcle.and to use said :
., 7 xi 3;�r.{• 51fa s'farstll'purposes fer which streets and ways Are corttmonly�usad in .. '• '
F ,; ,.•.;, North Andover,Massachtrsblfa, obb d�tdnrCirarlb'ai L<.
more artioularl . _ "Cobb
;',;4;`.';5,; t . •< 5.1.• p y described,on a plan entitled blestone Crossing' A
Residential Single Family Development in Nort
h Andover,MA",which
; ..
. `� ' ,:• .:' plan is flied with the Essex North Registry of Deeds as Plan Nb
�,,,•..., r: 12251,as
modified by(a)a plan entitled"Revised Definitive plan,'Cobbiestone ,pp
Crossin m North Andover, "which pi led with the 1rtsex North �!
;. a ,Mess. an is fi
T
`'•'' ``' „' Registry of Deeds As Plan No..12286 end "Modified
(b)a plan entitled
Definitivo Plan,Cobblestone Crossing in North Andover,Mass,",which
>' ;r ;'£', ; ':• :plan i1 filed with the Essex North Registry of Deeds as Plan No.
For titl tneg ace
t;refer deed recorded with Essex North Registry of
"''; " '"►"'''' -Deed#.in Book 3772,Pais 2b1 and deed
g e recorded herewith. � .w
Executed as a+soled instrument 1he'1+�day of Dec �.
ember, 1993.
.i,:.k. :l'-li lip �.�t• .' -
j+4 ' Cobblestone Crossing Realty Trust. f '
r.--
47
omAs D:.Laadani,Tivitee '
:: ;: and tot individually
. '.41• •;';C,{tern •. `j
."y` ,�. •�kT�.1 t.4iS'IL.n1:J!k:-1.r i.,r'If 4,4•,1.x,L .. i' .. ... ! ,!,
'•:-. ,€� � '.�i-:�' ,ice} :f4., + .... ., ..,...., �. .;�.=:.r�:,:..--...:_.'
Asa
COMMONWEALTH OF MASSACHUSETTS
Essex, ss December' , 1993 F
When personally appeared the above named Thomas D.Laudani, i �•
Trustee as aforesaid and aftowledged the foregoing instrument to be the
free act and deed of Cobblestone Crossing Realty Trust,before me,
• \r ht 15:N 1�
Notary Publi
My Cpmmi�ssyion Expires- "�`f ; N
HOTEL THIS CONVEYANCE IS NOT EFFECTIVE UNTIL, � :�'';�,}'•, :�` �;
ACCEPTED BY TOWN MEETING 57•.,,plt r:,tlC±,�
• i
f
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y
BK 4350 PG 42
COBBLESTONE CROSSING REALTY TRUST
D RESIGNATION OF TRUSTEE
The undersigned,Thomas D.Laudani,as Trustee of Cobblestone Crossing
Realty Trust under A Declaration of Trust dated June 29, 1993 and recorded with
Essex Northern District Registry of Deeds, at Book 3772,Page 253 (the,"Trust"),
pursuant to paragraph 5 of the Trust,hereby resigns as a Trustee of the Trust.
IN WITNESS WHEREOF,the undersigned has executed this as a seal
instrument as of this a2 6 day of September 1995,
77
as D. au ani,Trustee
COMMONWEALTH OF MASSACHUSETTS
Essen.,SS September zG, 1995
Then personally appeared the above named'Thomas D.Laudani,and
acknowledged the foregoing to be his free act and deed,before me.
Notary Public �
My Coinmission Expires;
t�
z
O �
v
N
COBBLESTOVE CROSSING 3 IWUTY'TRUST
.RESIGNATION,..Agr4xt)TMENT,"U.-- 104R.jMW.Z�,f_
v .
The undersigned, Linda' Hire hAm; as; Txuotee OX V r
Cobblestone Crossing Realty '�riast ui�8er.� Yiaalaration of Trust � r1
dated June 29, 1993 and reopided with taaex northern Dietarict
-Registry of Dead4, at Book 377-: , Page 263 (the "Trusat"), hereby
resign ace trustee 4ffgctiv* :upon the recordincS of this
resignation, ;
The underaignatd, Lttida ,X, -piaV0.41AF:.:a8:::TruG"(z 09 the
�rUeat, and Thomas D. Yeaudani and Fxankl3tn Std`iXoy bavis, omrtify,
pursuant 'to paragraph S of the Truat, thist Thomas D. L4ud6ni and br t
rran�lln Stanley Davie have been duly apptir ted no trq teoa c$ 3'
the Trust by' .'a written, appoinek®nt'::gf:kirk:; the
Trust.
The undOolgn4d, Thomas D. -Laudani and Franklin Starlmy ^f
Davis., hotaby' taq'64pt 4pppintment as a Trustesg of the Trust, �.
affective upon thp' racbxding of this accaptahce.
pia WITNESS Fr1ieR oF, th Andorsigned has executed this as a
seal instrument as of this day-of AUgu�t, i993.
44
Lint E. Markham
ttdm k D. XAiUd4nL,,
'trustee T�®si�m xJ
ran n S a ldY Dsv n
ruatea
S
• G
C01i44WWEALTH Or K"SACHUSE'ITS
ESSEX, 88 AUgust'jy , 11993
Thew p9rsonall appaarsd the ebove named Linda Z. Warkhami G,
Trustee am afor.4i®aid, and t3ia forigvih.9 to be her
free aot and da®¢, before-mi.
f
Notary 11'ablio
M1+ Hy CG=is:mists'EXpiree1 ,*,r
lEl,3.b150. F -
.............•..na. •ay..•Yn...• •v........-.....-..e�...." +ia�-iR? :'t .. ...a�r ...��.r-- +.�-..<....�-.... '.KC-i.. ........-•..............i .....� q vectea.r .. .............
:
206
>: CONKONWEAVrti OF MASEACHUSETTSI '
} SUFFOXIKO SS AUgUPt � 1993
Chen .parmonally appeared �id j66-r4 namaed Thbm4i O.
IFaudani.,. T ? Maa an. Afores.aidf, and acknowledged.the foregoing to
bA hie:.fkell apt and de®d, bafcka M., /I
.. . .
rjtxFr W �Z0 r
ltntaxy Fublic�
My Commission Expiree:"
trb tO�EF7 A fE'6 F IiAg'SACFNSETTS
Y
S47FFOLC,, S AugUgt/I r 1933.
Then p6x®artallj+ apppeared the above -named Franklin'Starllay.
DaViP, Trustee'as aforesaid, and acknowledged the foregoing to.be
his free act and deed, before me.
till
minion Expires: , ! r
ar14
10,3.080.
.................. M�1�i... -...T. J.:...-. •.•.... -.- r:..., ......................,..._... --..... __ _ -'S=iF ".
i
Tymon, Judy
From: Tymon, Judy
Sent: Monday, August 15, 2011 9:45 AM
To: 'Carol McGravey'
Subject: RE: More Bond Questions
Carol,
I do have the originals of the following:
Drainage Easement on Lot 22
Drainage Easement on Parcel "L"
Street Deed for Copley Circle and Cobblestone Circle
Drainage Easement on Lot 18
Let me know if you need anything else.
Judy
From: Carol McGravey [mailto:chm@uf-law.com]
Sent: Friday, August 12, 2011 11:39 AM
To: Tymon, Judy
Subject: RE: More Bond Questions
Judy,
Are the originals of those documents in your file?
Thanks.
Carol
From: Tymon, Judy [mailto:jtymon@townofnorthandover.com]
Sent: Thursday, August 11, 2011 9:19 AM
To; Carol McGravey
Subject: RE: More Bond Questions
Carol,
will check again in the file, but I believe the only easement and street deeds that I found where the ones with the Tom
Urbelis cover letter that I sent to you.
Judy
From: Carol McGravey [maiito:chm@uf-law.com]
Sent: Wednesday, August 10, 2011 2:43 PM
To: Tymon, Judy
Subject: RE: More Bond Questions
Judy,
Are the original Drainage Easements and Street Deed from 2000 in your file?
Carol
From: Tymon, Judy [maiito:jtymon@townofnorthandover.com]
Sent: Monday, August 08, 2011 4:14 PM
i
To: Carol McGravey
Subject: RE: More Bond Questions
Carol,
i
i
Here's a collection of documents, some of which were in our file (the decisions) plus a set of documents that Pat
Cavanaugh found at the registry. I had asked Pat to look for any record of the street deeds at the registry and I included
all of the documents that she found, Let me know if you have any questions.
Judy
From: Carol McGravey [mailto:chm@uf-law.com]
Sent: Monday, August 08, 2011 12:17 PM
To: Tymon, Judy
Subject: RE: More Bond Questions
Judy,
If there are not too many pages, could you scan the documents you refer to in your message and send them to me,with
a copy of the Planning Board decision and bond?
Thanks.
i
Carol
From: Tymon, Judy [mailto:jtymon@townofnorthandover.com]
Sent: Monday, August 08, 2011 8:52 AM
To: Carol McGravey
Subject: RE: More Bond Questions
Thanks Carol, For Cobblestone, I don't have anything in the file regarding Street acceptance. All I have is the town
meeting report showing that a vote was taken and it was passed to accept the road. And I have a letter from a former
trustee asking for bond funds to be returned. Pat Cavanaugh did some title research and found that there are no
document files at the registry that deed the street or any easements over to the town,
Judy I
From: Carol McGravey [mailto:chm@uf-law.com]
Sent: Friday, August 05, 2011 1:20 PM
To: Tymon, Judy
Subject: FW: More Bond Questions
From: Carol McGravey
Sent: Friday, August 05, 2011 10:27 AM
To: Thomas J. Urbells
Subject: RE: More Bond Questions
Judy,
With regard to the AT&T bonds, it would be up to the Planning Board, in response to a request from AT&T to decide
whether or not to waive the conditions in the permits and release the bonds.
2
1
1
With regard to Cobblestone Crossing, I would like to review the file and any information you have regarding street
acceptance. I could come by your office some morning next week if that is convenient for you.
Carol
From: Thomas 1. Urbelis
Sent: Friday, August 05, 2011 7:03 AM
To: Carol McGravey
s
Subject: FW: More Bond Questions
i
From: Tymon, Judy [ma Hto:jtymon@townofnorthandover,com]
Sent: Thursday, August 04, 2011 3:02 PM
To: Thomas 1. Urbelis
Subject: More Bond Questions
Tom,
It seems in this economy, everyone wants their bond funds returned. I have two questions:
AT&T received a Special Permit in 2000 for an installation on Chestnut St. and a Special Permit for an installation at the
Stevens Estate. I have attached both permits here. Both permits required 3 separate bond funds:
A fund to cover the cost of removal
A fund to cover the cost of maintenance
A fund to insure that a final as-built is provided.
I only have one as-built for one of the sites. I have no evidence that(invoices, maintenance records, etc.)that there has
been maintenance performed on either site and of course, neither site has been removed. We have bonds ranging from
$250 to$24,000.
AT&T has hired a company to collect these bonds funds. I told the company that I can release one of the bond funds
since I do have an as-built. They asked if we could release the others. like I said, I have no evidence of maintenance.
We don't require these maintenance and removal fees any longer and have not required them for some time. Can we
release them based on the fact that they are continuing to operate,they've been upgraded over the years and we can
assume that AT&T has been maintaining them?
The other bond question has to do with Cobblestone Crossing, a street that has been accepted by the town but there
are no recorded deeds, easements, etc.,conveying the fee ownership in the street over to the town. The developer is
asking for bond funds back and I am reluctant to do that until I see a copy of all recorded street deeds and easements.
Would you agree? Thanks
.Ludy Tymon, AICP
Town Planner
Town of North Andover
1600 Osgood St,
North Andover, MA 01845
978-688-9535
3
II
E
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Cobblestone Crossing
231 Sutton St., Suite 1 B
Noah Andover, MA 01845
978-687-6200 office 978.-687-3212 fax
1
I
July 20, 2011
Judy Tyrnon, Town Planner
North Andover Planning Department
1600 Osgood St,
North Andover, MA 01845
pear Ms, Tycoon:
This letter is intended to request the release of bonds held by the Town of North
Andover which were paid during the development of Cobblestone Crossing,
have confirmed that the bonds are still being held by the Town and the dollar
amounts were obtained by a representative of Cobblestone Crossing from Jean
in the Planning Department.
We spoke with Jennifer Yarid in the Treasurer's Office. She confirmed that the
funds are still held in escrow.
We also spoke to the Engineering Department and they have confirmed that time
strut name Cobblestone Crossing was changed to Cobblestone Circle,and
accepted as a public way in the year 2000,
I would appreciate your assistance in obtaining the release of these bonds. E
Thank you.
Sincerely,
Thomas D. Laudani
i
Article 26. Roadway Acceptance--Poor Street, To see if the Town will accept, as I�
and for public ways in the Town of North Andover, the following ways,in ��;
accordance with the Layout Order and Plans approved by the Board of
Selectmen and placed on file in the Office of the Town Clerk. i
Petition of Joseph A.Messina and Others h
UNANIMOUSLY VOTED TO "TAKE NO ACTION" ON ARTICLE 26.
VOTED MAY 15,2000 I
V
Article 27. Roadway Acceptances—Foxwood Drive,Phillips Common,Copley
Circle, Cobblestone Circle,Huckleberry Lane, Peterson Road, Bucklin
Road,Weyland Circle,Meadowood Road. To see if the Town will accept,
as and for public ways in the Town of North Andover, the following ways,
in accordance with the Layout Order and Plans approved by the Board of
Selectmen and placed on file in the Office of the Town Clerk:
Foxwood Drive .Peterson Road
Phillips Common Bucklin Road i
Copley Circle Weyland Circle
Cobblestone Circle Meadowood Road
Huckleberry Lane i
Petition of Lianne Cristaldi and Others
VOTED BY CLEAR MAJORITY TO ACCEPT COBBLESTONP PLANS
CIRCLE AS A PUBLIC WAY AS SHOWN ON THE LAY OUT
;I' f
BY THE BOARD OF SELECTMEN. !!`
VOTED MAY 15,2000
,
: I!I
Article 28. Roadway Acceptances-Rosemont Drive,Wildrose Drive,Sky View
� i
Terrace, Ridge Way, and Holly Ridge Road,To see if the Town will ;
accept, as and for public ways in the Town of North Andover,the follow-
ing ways, in accordance with the Layout Order and Plans approved by the
Board of Selectmen and placed on file in the Office of the Town Clerk:
Rosemont Drive—Plan#12097
Wildrose Drivo---Plan#12097
Sky View Terrace--Plan#12248
Ridge Way—Plan#12248
Holly Ridge.Road—Plan#12097
Petition of Chris Colwell and Others
;
VOTED BY MAJORITY TO accept Rosemont Drive Wildrose Drive,
. ,
Sky View Terrace,Ridge Way, and Holly Ridge Road as described above. �I,
VOTED MAY 15,2000 `
Article 29. Rezone Portion of Osgood Street—Map 35 Parcel 9--1210 Osgood Street. !
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR
to adopt Article 29 as printed in the warrant with the following amend- 27 I
ment: `Business 1 (B2)" should read`Business 2(B2);And further to
DAVIS REALTY TRUST
189 MAIN STREET, NORTH READING, MA 01864 (978) 664-5911
Planning Department
Town of North Andover
1600 Osgood St
North Andover, MA 01845
September 26, 2011
Dear Planning Department:
I have been notified that there is bond money being held for Cobblestone Crossing
and that Torn Laudani is requesting the money. The bond money does not belong to
Mr Laudani and I am requesting that the money not be released to him. I am in the
process of having my representative look into this matter.
Thank you in advance for your attention to this matter.
l
O )l
cC
J. ,1,,lG�vvJ
Fr,nklin S. Davis
Cobblestone Crossing
231 Sutton St., Suite 1 B
North Andover, MA 01845
978-687-6200 office 978-687-3212 fax
July 20, 2011
Judy Tymon, Town Planner
North Andover Planning Department
1600 Osgood St.
North Andover, MA 01845
i
Dear Ms. Tymon:
This letter is intended to request the release of bonds held by the Town of North
Andover which were paid during the development of Cobblestone Crossing. I
have confirmed that the bonds are still being held by the Town and the dollar
amounts were obtained by a representative of Cobblestone Crossing from Jean
in the Planning Department.
We spoke with Jennifer Yarid in the Treasurer's Office. She confirmed that the
funds are still held in escrow.
We also spoke to the Engineering Department and they have confirmed that the
street name Cobblestone Crossing was changed to Cobblestone Circle and
accepted as a public way in the year 2000.
I would appreciate your assistance in obtaining the release of these bonds.
Thank you.
Sincerely,
,f
a
Thomas D. Laudani
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