HomeMy WebLinkAbout1993-11-12 Legal Documents f
j KNOW JUL HEN by thseA pVosente that' the underzignid
1 submitted 'an, application doted No ► to the.,ROA-
WOVER PLANHma DoAriD fox apprava a of n t va plan'0
subdivisiotl of land antitlodt Hodified Drfinit leaione0k,•.
plan byl Harritaack enginearing 9arMUMEd -�\c„ 'c 7-
i datedt &apt., t993 Ruv, to/29L93- - owned ys f,�h ;fas_n� CrnHJlno ae_...a ,
addrasg z
land loca ed: 11 6ndover,
and ahowing propoued late. a unde�sagna4 has
requested the Plans ng Board to apgrale such plan uithou
rcTiiring d pe nQ in North AnCaver, !ase.:'''r
IN CONSIDERATION of said, Manning Board of NORTH ?t:1DOiJER,`•f�.
tha county' of Essgx appraviny maid plan without. :requirinq
pertor'nahoo bond, the undareigned hereby covonantm and agreaa.
with the inhabitants of the town as tollaw/! rkxj�
` 1. That the uMeroignod is the *owner in zee ginpplQ �
absolute of all the land inaluded in the aubdivitsion:?
And that there are no mortgagee 0f record or otheruiea;'::f'
�. on any land, except for thaao described belo;r, and that:
the prouant holrlsrd o� said nortga5ea have aesontad to;ti;
i this contract priok to its execution by
• undezBigned. .��;
*If therm is Mors than one owner, all rust
"Ap licant, many ba an owner or his agent-of
r<us sign the covenant. ';O
, . 9. That the undarsign+9d will not 0411 or convey any lot in i
;! the subdivision-' or aroct or place any permanent
+; biildin on any lot until the construction of the way4
and installation of municipal aorvicGa necessary to
t, ad to a much ' lot harp been cc� Pletad ! `
4 oqua ly mery
accordenco with the duVonahtg, conditions, agreementna
ter7e and poviaiann eb upevit�a4 in the tollosrinq:
f4 �
a. The Application for App
raVal of Detinitive flla ' :i;•
(Form C) .
b. Tha Subdivision Control Lew and the planning
Hoard's Ra100 and Acgulationd .governing this
subdivision.
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F fi'.,I ^�dr '�'.,;..e. 'i,?:4A`�}?'t:.� ;•2t:S�j,'��t`1� ; .•,.yFl,,ti;i,yl.,,t'.�}• r•t:i t' l;�4 1 rj..'y�''S 4r `'` '' L�.:,r e
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0 4$ Fri FROM C 1iii,: 'ST BOSTON H2/06
FARM T
December , i5
North Andover 14A
1040*4 ALL MEN by thesd presents that the undersigned has
submitted an application dated November 12 , to the NORTH
ANDOVER PLhNNING 130ARD for approval a Definitive Plan of a
subdivision of land entitled! Modified Definitive Plan Cobblestone* ,
plan by, Merrimack engineexin$ Ser ces
dated,, Sa t. 1993 Rev. l0 29 93 owned by: QQhblestone roag Realt Trust
address; r to 20 h ver ETA 0 45 ,
land 1004ted. kern a orth Andover-1 M.A, ,
and showing 3 proposed lots. The undersigned has
requested the, . Planning Board tea approve suoh plan without
requiring a performance bond. *CrosBing in North Andover, :Mass,
IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in
the county of ESSEX approving said plan without requiring a
performanca bond, the undersigned hereby covenants and agrees
with the inhabitants of the town as follows :
1. That the undersigned is the *owner in fee sinple
absolute of all the land included in the subdivision
and that there are no mortgages of record or ot.hGrwi.se
on any land, eXcapt for those described below, and that
the present holders of said mortgages have assented to
this contxaot prior to its execution by the
undersigned.
*If there is more than one owner, all must sign,
"Applicant" ma,y be an Owner or hie agent of record
must sign the covenant.
2 . That the undersigned will not sell or convey any lqt in
the subdivision or erect or place any parmanent
building on any 10t until the constxuction of the ways
and installation Of Municipal - servioes necessary to
adequately serve suoh lot has bean completed in
accordance with the pravanants, conditions, agreements ,
terns and Provisions as specified in the following;
a, The Application for Approval of Definitive Pan
(Form C) .
b, The Subdivision Control Law and the planning
Board' s Rulos and R�,-gUlations governing this
aubd i.vi,sion.
1 Of 5
r ,
-A3 �1�, g Pill PROMIMILI, 'ST BOSTON
a. 'rho C* tifiQate oaf Approval, and the oondi.tions of
approval specified therein issued by the Planning
Board, datoid November 12-, I9h
d. The Definitive Plan as approved and as Sia.lifi.ed
by Certificate of Approval, .
e. Ot.hor documant(s) specifically construction to be
completed, narely,
NONE
However, a mortgage who accui.rea title to the mortgaged
premises by foreclosure or oth+trwise and any succaeding
oWner of the mortgaged premises or part thereof may
sell or convey any Lot, subJect Ohly to that portion of
this covenant which provided that no lot be sold or
convaYed or shall be built upon until ways and services
have been provided to serve such lot,
1 , That this covenant shall he binding upon the executors ,
administrators, devisees, heirs, successors and assigns
of the undersigned and shall oonstituta 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
MJOrity of the Planning Board and enumerating the
specific lots to be released.
5. That nothing hQreln shall be deemed to prohibit a
conveyanco by a sinVIC deed subject to this covenant.,
of ether the entire parcel, of land' Shawn on the
subdivision plan or of all lots not proviouSly released
by the Planning Board,
5. That the underaigned agrees to record this covenant
with the Essen Forth Dist. County Registry of Deeds ,
forthwith, or tv pay the necessary recording Fees to
the said Planning Board in the event the planning Board
shall record this agreement forthwith. Reference to
this covenant shall be entered upon tho Definitive
Subdivision plan as approved,
7 , A dead Or any part of the subdivision in violation o,
the covenant shall be voidable by the grantee prior to
the release Of the covenants but not later than throe
(3 ) years from the dato of such deed, as provided its
Section 81-U, Chaptor 41, M.G. L.
PM FROM S0 MI;., 'ST BOSTON ' PO4/06
B. That thl i covenant shall be executed before endorsement
of approval, of the , deefinitivea plan by the planning
Board and shall take affact upon the endorsement of
approval . Said covenant shall expire two years from
the date of they endorsement of the definitive plan.
9 . Upgn final. Completion of the construction of ways and
installation of municipal services as specified harain,
on or before November 12, 1995 the Planning Board
shall raleeasee th s covenant by an appropriate
instrument, dmly acknowledged . Failure to complete
gonatxucti,on and installation within the time specified
herein or such later date as may be, speci tied by vote
of the vlannin7 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 tote the planning Board
may release such lot fror, 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 tine to
tine or from aecuring by one, or in part by one and in
part by another of the methods dascribed in M.G. L. ,
Chapter 41f Section 81 -V, as long as such security is
sufficient in the opini.vn of the planning Board to
secure performance ' of the construction and
i,n$tal.l.ation,
For title to the grope rtyr see dead fro:;i Michael J, Aridiacono and
Rose Marie Aridiacono dated December , 199-1 1 recorded in
�. Registry of needs, XMIDa herewith ,
g , or registered in Land
Registry as booumant No . _ _ _ , and noted on
Certificate of titla No. and Doted on certificate of
title No. , in Registration rook Page
They pra.aent holder of a mortgage upon the property is
of ,
The mortgage is dated and recorded
in Registry of Deeds, Book ,
page , or reg stared in _ _ sand
! Registry as Document No. , and noted on certificate
j of title no. , in Reg strat an sock _ e
g .
The mortgagee agrees to hold the mortgage subject to the
covenants set forth abova and agrees that the covenants shall
have the same status, force and effect as though execat.ed and
recorded before the taking of the mortgage and further agrees
that thd, mortgage shall be subordinate to the above covenant,
� of 3
L^ -93 02. 8 phi FROM 501 %UL., 'ST POSTON
Spouse of the undersigned applicant
hereby agrees that such, interest an T, we, mAy have .in than
premises shall be mub�sct to the provisions of thin covenant and
,insofar as is neoeesary releases all ri5hts of tenancy by the
dower of homestead and other interest therein.
IN w1TNV5$ WHEREOF we gave hereunto aet our hands and seals this
of December 19 93
Cobblestone Crossing Realty Trust
f
/-
By.- � /i.
C
-- 49:9��- Q V
owner Thomas D. Laudani, Trustee
and not individually
SpgUs4 of 02,elt
Mortgage
Acceptance by a Majority
of the planning Board of
CO MON ZALTH OF MASSACnStTTS
& December 19
'then personally appeared before me the above naned Thomas D. �audani,
Trustee. as aforesaid an4 ' acknowledged the foxo oing MEFufient to
be free act and dead
Notary public
My Commission Expirew
COMONWEALTH OF MASSACKUSETTS
1
Then personally appeared before me the above named�J-'
� A.-Ili _ and acknowledged the foregoing irintrumerlt to
Free act and deed,
Notary ptitr i,c
My Ccmmiesion Expirae v tommt:, „Ex�troa Juno za, 1�
4 of 5
1
12-'3-93 02,48 PM FROM 501:11L.. �T BOSTON P00/06
dOXMd2IEALTH Or MASSA,CHUSETTS
Then perzonzally appeared before fie the above named PIC14AP.b
� uand a0knowledged the foregQing instrument to
trea act and deed.
otary Public
My Commi.smion 9xpires t q f
COhUWNWEALTH OF MA,SSACHUSETTS
Then perSnnally appeared befors me the above named
and acknowledged the foregoing iniTr-untnt to
be _ free act and dead.
Notary Pubi o
My Commission Expires t
f Ever reen Management ` . $ i t,
• 733 Turnpike Street
Suite 31 i I „
Peons ( 08) 975-1420 FAX (506) 601 8447
a
11994 Page 1 of
(Total inch des Oils pugs)
To; } r >" Lr4+ +.�—� [.i��.•.f�' 7 I F i I € 'W, I
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`IP"Ai 7 Gill d r d II
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RSL-�ASS PORIk
Yi; The Jinder:�a.gned, being a majority ' of, the PlannaLaq Ward of the TON of
(YU
;t 2 yMassachusetts , t1ereby cartify 1�l�ats
�10� �'la llt�cl v r
t c; and mal?,1,1da, }i?� i
' he requirements ��� the CQ�t:3'1'.�,L{ctiC]1� of4?�a1J � � � I •�'�y
'I,r 1 r�rva_o'es culled tar' the Performance Bond or Surety � �,and dateld
14 and/o). by thei Covenant, cfateil�
w ,
t
19 93 and .o ed �inf7.�Wi, i�.�t Le.�ci . i• 3� ,
rt
! .I
i r I
J I.X
• i
F rsok 39251 , ,--_, Page �)� ; or,' rQg1,stered 3.n
a ,
_��tt1�d ��C�y.l„1.'.r"!r C�:LSt,r�.C.1; asL3[3 C.01t.f7'l: t�p�:
,�i� � j -----------_--and c,1 noted L o 4l c,t1 C.a•z t�.f;i��:t t as o i Title .l'1{� :i �t
s •�rs�,i'{.3�trat ion S061t _. . ... Page _-- _ i I, mean r�omk� (.�t.�dl
' I z7 tially completed , to the satisfaction oV the P a 4k ;,� dWrci:i �nn i
'o ,ndequately serve the enumerated lots Show 01 Plan eI'it,a t-11ecl
`} '• �_xolyfled Iaela ye_plyl 1lIn C��bb eatone Crossing •in .N�1th-Andover, Pi1.ss,Ar ti _ r�:r
i latz d<<tr-d Sopt,a., 1993; ply._10/�9 1� a3J... rer_r�r6a(i, k)y >.i�aa
worthJ.
kc:g?ta1:.ry o3 Deeds, Plan No.
r rrvga-.>1:'.e a d in s4l d Land Registry District Plan Book ----J
_ Banc! ;aid lets a� e her��yfi xP�le�t pd fr.oni tt17laf � !'
j. r,,iN'z . �t c?t'} as t� sh, and building spicie the m=on ���
�. ll
arts' designated on �'�aid0lan as ,�v•lloc'rs : (Lc) Number( c) ond,
r,Tk"eet ( `3 )
•i to-it; and 1.e-'' .4:�,ryr.l,J� !41
�
i 1
(II o be atteuted to by a Registered Land 3ury byor)
hereby certify that :lot numhor( 51 U, 19f 11121 and 72
I�!• : .. � i3a _C��ev C�.t'cle' ----- ------ __- � •,.�..__'�-_:_ a ` � j! �iVa
o a.aa'x-,1,xrJrm to layout as : hown on Deginitive Flan en t3,f2'fi
? .I tiaclif;i_ed DefQQive P janCobble yny gtvssa.ag n A i_-th A a 1111Page
Regis e 11' Clot
1 of 2
I'. .
u8ntts, actinj 15Y i the coanty of Eovex, Commonwealth of mmwsao iiy
its duly organized FlinainV Board, holder 0 PerformANBOR
or Surety date a and/or t'
datod Devinmb f took Cobbles Cobblge Croasin g AQ1 Qdus)E- tho' City/Tovin bf North Aridover, 1,iJ
District Weeds , Book 3
page 210 or rogintered in Land AeWistrY �istrict as -Doadmeh. I
No , ___ and qoted on Certificato of TWel
I in
Regintration Kok rage acknow edges aatiiyaa Ion ,
the terms thereof and hereby releases itil. right,, KQe d.
interest in thl l said p.Lots designated on sla ' as WIWI
I.:EA
ig-IR, 20, 21 apd 22
EXPUT2D as a Seell(�d instrUMont thi., d RY of I may
majority of the
planninq Board
o�, thp Town of
North Andover
t tf
COMMONWOALTH OF MASSACHUSETTS
A the 0090
Th6n per ;onally appeared
melbers of thm Planning Board of the To; at North Wover,
Hahsachuvatts and aaknoWledqed the foregoing instruvint to be the G6
act and dead of said Planning Board, before me
W.Vt
VA E51- 1, - ElAIM :.K1
Notary WIN
My WmissionlExpirest
Al
Page 2
li
v' s�>" 1 n+ s«.q• '��M � �'v�".. J�k"t#`�''�N A°,dJ�`]" L��i3i�°�,41�'�,1_H 4,.i"+f• dt�;�l,.ram"'-���. '3':cs�' :_'��' 'ikh]e '� :
FORM M a
+F<, CONVEYANCE OF EASEMENTS AND UTILITIES
•
hamas,D.'Laudani, Trustee ofJune 29, 1993
L ' %Cobblestone Crossing Realty Trust u/d/t dated, Of 733 Turnpike StreeC, Suite 209
North Andover Essex , County, Massachusetts 1 for t e
t considerat on of one < ,hereby grants, transfers and r
deliJers unto the`€own o ore, An over a r c
municipal'corporation. in Essex County, t e
r �foIIOwtngf
A, The Perpetual rights and easements to construct, inspect , repair,
.`; remove, replace, operate and fOreVer maintain (1) a sanitary sewer
ti; r or sewers with any manholes , pipes, conduits and other appurtenan.
(2)
h . ces,. pipes conduits and their appurtenances for the conveyance i' d
-0� 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 for0901 J, including the right
to pass alon'q and over the land for the aforesaid purposes, in,
f ? through, and 'under the whole of Cobblestone Circle and Ca le Circle , I '
dxrt�id shown on Plan' (112251 as * , said an S made and sa d p an ls'
; Y',;r' N incorporate ere n or a complete and detailed description of said
roads, *modified by Plan 412286 and Plan !i_1�S�t
F" B. The perpetual rights and easement to use for drainage
the following parcel of land situated Pk off Cnli}�y circle_ p
;y_•..<-:,:;., and G�le�Yrone
Street in said town of North Andover Circle
And bounded and described as follows;
vir " 0 1, Drainage Easement shown in Parcel A-1 Openspace on Plan #12251. b
2. Drainage Easement shown on Lots 2 14 15 16 and Parcels A-3'end A-•4 C !
" 'Fy Openspece on Plan 012251. �J
Fyw:'. ti ** and the area shown a "Prop. 20' Wide Utility Easement" on Parcel P, Plan Q�zSiv
ti•,
The ggrantor trarrants. that the aforesaid easements are free and clear
of liens or encumbrances, that he (it) has good title to trans» i
fer the same, and that he will defend the same against claims of al i
persons.
For grantor's title see deed from Estate of Louis Sergi
_' ro dated June 25 1?f 93
an recor ed n
ro Essex Northern Distri'ctJ Registry of Deeds �0pcl
3r72_r age �_�,1 k�* , or under Certificate of Title lao, w
,- registered n �
o t e an Court, book age District w
To be completed if a mortgage exists;
� And o f € i�
the present o er of a
mortgage on the Above dFscrbed iand,' which mortgage is dated ( '
and recorded in said Deeds, Boo`lc� G
77—Page , col' consideration paid, hereby releas
�t unt'—"oe` owfi forever r0m the operation of said mortgage, the rih s ;
and easements hereinabove granted and assents thereto.
of 2)
�j . Cobbl =°tone 'Crossing Realty Trust
By
Thomas D. Laudani, Trustee and not
Authors zed A g,nature of Mortgagee Ow6er Individually
IN wiTNESS WHEREQ we have hertunto set our hands and seals this
day of December 93
COMMONWEALTH OF MASSACHUSETTS
, s
Then personallyo appeared the above named
and acknowledged the foregoing to be >0 free
act and deed , before me .
Notary Public
My, Commission Expires :
My�fe�n Ewe, gyp, tD®7
NOTE : This conveyance is not effective until accepted by Town Meeting
( Page 2 of 2 �
GRANT OF EASEMENT �
{ 1, Thomas D. Laudani, Trustee of Cobblestone Crossing Rcalty'Trust
FnY a/d/t dated June 29, 1993 and recorded Willi the Essex North Registry of
t Deeds in Book 3772, Page 253, for consideration paid of One Dollar {
gg ($1.00), Hereby grant io the inhabitants of the Town of North Andover, (
F"' 1 Essex County, Massachusetts, an casement to bass and repass oil and over
( ,' the ways known as Cobblestone Circle and Copley Circle and to use said
ways for al) purposes for which streets and ways are commonly.used in
North Andover, Massacliasetts. Cobblestone Circle and Copley Circle are
more particularly described on a plan entitled "Cobblestone Crossing, A
Residential Single Family Development in North Andover, MA", which #
} plan is filed with the Essex North Registry of Deeds as Plan No, 12251, as.
zr;
modified by(a)a plan entitled "Revised Definitive Plan, Cobblestone ,P
r O
Crossing'in North Andover, Mass." which plan is filed with the Essex North
Registry of Deeds as Plan No, 12285 and(b) a plan entitled "Modified '
Definitive Plan, Cobblestone Crossing in North Andover, Mass.", which
<}; plan is filed with the Essex North Registry of Deeds as Plan No. .v ��Q• �, i
For title reference see deed recorded Willi Essex North Registry of
Deeds in Book 3772, Page 261 and deed recorded herewith.
!� s Executed as a sealed instrument the it day of December, I993. co
Cobblestone Crossing Realty Trust ,
°., Thomas D. Laudani, Trustee
and not individually
s5 i
kw
skit' i
L 1
-:disr��l- i i ... _,. •• .. - ii3 I!'.A,�¢C Vrr �,
7
1
COMMONWEALTH OF MASSACHUSETTS
Essex, ss December 2, 1993
Then personally appeared the above named Thomas D. Laudani,
Trustee as aforesaid and acknowledged the foregoing instrument to be the
free act and deed of Cobblestone Crossing Realty Trust, before me,
Notary Publi
My Commission Expires:
My CasnnWm 6rpRw Am M 194
NOTE: THIS CONVEYANCE IS NOT EFFECTIVE UNTIL
ACCEPTED BY TOWN MEETING.
2