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HomeMy WebLinkAbout1994-08-02 Legal Documents DEF SUB 02/22/2002 14:13 9786817570 DUTTQN&GARFIELD PAGE 02/04 02/22/02 14*48 FAX 9789759952 L CQTA znc �02 Deed �i 1,JEANNE A.M. CONTARINO of 35 Bonny Lane,North Andover, for consideration paid and . l in full consideration of One(S 1.00)Dollar hereby grants to the TOWN OF NORTH ANDOVER, t; with quitclaim covenants,the fee ownership interest in the land described as Beechwood Drive on a certain plan of land entitled"Plan of Land in North.Andover, Massachusetts,Alfred F. �r Contarino"dated July 17, 1996 recorded at the Essex North Registry of Duds, Plan 12911. Said fee is 60' wide according to said plan. Also an easement for a water pipe on iot 3 as described on said plan. Being a portion of the premises conveyed to me by deed of Alfred F. Contarino and Edward # Caselden,Trustees of Lawrence Also Realty Trust u/d/t October 1, 1963 and.recorded at the Essex North Registry of Deeds at Book 2401,Page 155. 41 Witness my hand and seal this ��day o,f May, 1998. �51IS,f ,;.� ANNE A. M. CONTARINO W : x COM.MONWFALTH OF MASSACHUSETTS Essex,ss. May 1, 1998 g i Then personally appeared the a'oove•named Jeanne A,M. Co ntaritio and acknowledged the � foregoing instrument to be her free act and deed, b ore me. t�A. James, Jr. Public My permission expires: November 5, 2004 i S .' Z;\8ri0981RCAL%C0 D1E9Q.W0D 16AIL TIl:1FANK S.tdtOIGHT L(O K'Ovel all and ftge.P4 AVENUE w U2116 6 r>2 B48 �7 02/22/2002 14:13 9786817570 DUTT©N&GARFIEL.D PAGE 03/04 i 02/22/02 14:48 FAX 0789759952 L com Inc o3 t i R { t i i i f c•� i�:Y N":}?TF? REGISTRY ENDS ]]t' /f RF�351ER OF DEED a FORM D r � y DESIGNER ' S .CERTIFICATE 19 TO' THE '' LANNI NG 8,0ARD OF THE TOWN OF NORTH ANDOVER: In preparing the plan entitled Definitive Subdivision Plan of Be6chwood Hill I hereby certify that the above named plan and .accompanyinq data is true and correct .to the accuracy required by the current Rules and Regulati-on Governing the Subdivision of Land in North Andover , Massachusetts , and My source of information about the location cif boundaries shown on said plah. were. one or more of the following : 1 . peed from F .P. Clothing, Inc. t•o Lawrence Alco Realty Trust _- dated June 20 , 1969 and recorded in the Essex North Regi s.try in Book 1133 page 279 2 . Other plans , as followsN .E. R.D. plans 3066 , 6669 , 4985 , 4572 , 3241 , 10510 , 6147 , 9481 .3 . Oral information furnished by 4 . Actual measurement 'on the around from a starting point established ` b state' highway layout - Route 125 y 5 . Other Sources Shgne ( Seal of i neer or ( Registered Profe si onal Engi n er or S u r v e OF HA Registered hand Surveyor) MICHAEL 160 Summer Street sr, 9t o� Haverhill. , MA 01830 Address 8V. 4586 PG . . 50 FOAM 1. t fl `70 F�CtC��h�P �{1� 01�(1 'o� >�n�10tr�e vENANT 3u1y 31 tg 96 North Andover , Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated to the _ North- Andover Planning Board for approval of a definitive plan of a W subdivision f land entitled: Beechwood Hill , plan by: Mrist;Lmson & SerA Inc. , dated: �M 27 ,-19 4 and owned by: Alfred F. Cont;azinn address: 160-sminer St.. Haverhill, MA -__ , land located: 17 55 Os h and showing 3 proposed lots. The undersigned has requested the �+ Qua. Planning Board to approve such plan without requiring a pertormance bond. G+ IN CONSIDERATION of said Planning hoard of North Andover in the county of Essex approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the North Andover as follows: 1, That the undersigned is the owner' in fee simple absolute of all the land included in the sucdM- 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 perrna- 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. 1311 conditions, agreements, terms and provisions as specified in the following ' PNr a. The Application for Approval of Definitive Plan (Form C). b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this subdivision. c. The certificate of approval and the conditions of approval specified therein, issued tv the Planning Board, dated - d. The definitive plan as approved and as qu..iified by the certificate of approval. e. Other document(s) specifying construction t^ be completed, namely: --- However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which prov, te.s that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. 3. That this covenant shall be binding upon the executors, administrators, devisees, heirs. successors and assigns of the undersigned and shall constitute a covenant running with the land included in the subdivision and shall operate as restrictions upon the land. 4. That particular lots within the subdivision shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released'. and 5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant, of either the entire pamet of land shown on the subdivision plan or of all lots not previously released by the Planning Board, massacnusetts Federation of Planning and Appeals 8oaros 1972 (Revised 1980. 1983, 1988) 20.17 a K 458ki � 6. That the undersigned agrees to record this covenant with the S.s g'K NOV4 County Registry of Deeds, forihwith, 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 snail 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. 9. Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before S- .2 the Planning Board shall release this covenant by an appropriate instrument, duly acknowledged. Failure to complete construction and installation within the time specified herein or such later date as may be specified by vote of the Planning Board with a written concurrence of the applicant, shall result in automatic rescission of the approval of the plan. Upon performance of this covenant with respect to any lot, the Planning Board may release such lot from this covenant i.)y an appropriate instrument duly recorded. 10. Nothing herein shall prohibit the applicant from varying the method of securing the construc;;c^ of ways and installation of municipal services from time to time or from securing by one, or n Par-, by one and in part by another of the methods described in M.G.L.. Chapter 41, Section 31-'.;. as long as such security is sufficient in the opinion of the Planning Board to secure per`or,mancw of the construction ana installation; and Massacnuse!!s Feaerarion of Punning ana Aooeam Boaras ,972 (Revisea 1980 1983, 19M 20.18 t `" 58 P For title to the property. S6 leed from recorded in if s s eft, e1 o 144, Registry of Deeds, Book // 3 3, Page 9 , or registered in Land Registry as Document No. , and noted on certificate of title no. , in Registration Book , Page The present holder of a mortgage upon the property is /V� — of The mortgage is dated and recorded in Registry of Deeds, Book , Page , or registered in Land Registry as Document No. , and noted on certificate of title no. , in Registration Book , Page . 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. Jeanne A. I. Contarino spouse of the undersigned -applicant hereby agrees that such interest as 1,we, may have in the premises shalt be subject to the provisions of this covenant and insofar as is necessary reteases all rights' of tenancy by the dower or homestead and other interests therein. iN WI NESS WHEF,EOF we have hereunto set our hands and seals this 'aremb 19 . ner } SRbuae pt Mo^cage Acceptance by a Majority of the Planning Scarc cf One acknowleacement must be completed for each of the following: Planning Board representative Owner or owners Spouse of the owner Mortgagee COMMONWEALTH OF MASSACHUSE TT5 . Essex ss 1 R, Al rat F. Contarino Then personally appeared before me the above named Je e A.M. Contarino and acknowledged the foregoing instrument to be _t-.he;r .,_.— free act anct deed. Signature of Notary Puoitc My commission expires Massacruserts F-cieralion of Planning ana Appears Boaros 1972 fRewxa IM. 1983 %W 20.19 i � T i s !��"� c7m�E-!6 :am!G Essex, ss September 3, 1996 Then personally appeared Joseph V. Mahoney, Planning Board Chairman, and acknowledged the foregoing instrument to be his free act and deed before me, r 1 March 22 2002 D nna Mae D'Agata My Commission Expires PROJECT_...MFJ40 L--COM BEECHWOOD HILL NORTH ANDOVER,MA. 01845 TO:KATHLEEN COLWELL-NORTH ANDOVER PLANNER FROM: SIEVE FOSTER--DUTTON & GARFIELD, INC. DATE: 9/09/96 PROJECT: BEECHWOOD HILL INDUSTRIAL SUBDIVISION REGARDING:LOT RELEASE LOT It 2A THIS MEMO IS OFFICIAL REQUEST TO BE PLACED ON THE SEPT. 17 , 1996 PLANNING BOARD MEETING AGENDA FOR RELEASE OF THE ABOVE LOT FOR CONSTRUCTION PRIOR TO FINAL BINDER COURSE INSTALLATION AT PROPOSED SUBDIVISION ROAD. PLEASE FIND ENCLOSED A COPY OF FORM J FOR THE ABOVE LOT RELEASE. A CASH BOND IN THE AMOUNT AUTHORIZED BY THE NORTH ANDOVER PLANNING BOARD WILL BE PROVIDED VIA FORM G UPON APPROVAL. SINCERELY: S.E.FOSTF- , PR JECT MANAGER / C: \RkOJECTS\LOOM\MEM0909B CC: SRW-D&G, EC/AC-LCOM EP-11-96• WE.D 08 :26 AM " OWN OF NORTH 14NUOVER 508 e$8 9542 P. 01 r. } } PORK V LOT RELEASE 1 The undersigned, being a majority of the planning Board of the Town of North Andover, Massachusetts, hereby certify that: a. The requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated 19 and/or by the Covenant dated Ju y 19 9-66--and recorded in District Deeds, Book 4586 Page. 50 or _ Land Registry District as Document No. . and noted on Certificate of Title No. in Registration Boo ,,,,, Page has been eemplat."/partially completed, to the satisfaction of the Planning Board to adegqn�aaately serve the enumerated lots shown on Plan entitled it Definitive Subdivision Plan of Beechwood Hill, N,Andovergection (6) «---��_, Sheets 1-5 Plan dated 5/27/94 rev 8/1/94, 19 � recorded by the Essex North Registry of Reeds, Plan Book or registered in said Land Registry District, Plan Book ... , N Plan _12902 , and said lots are hereby released from the restriction as to sale and building specified thereon. Lots designated on said Plan as follows: (Lot Number (s) and street(s) ) Lot 2 Beechwood Drive b. (To be attested by a Registered Land surveyor) 1 hereby certify that lot number (s) 2 on Beechwood Drive Streets) do conform to layout as shown on Definitive Plan entitled "Definitive Subdivision Plan section 1-5 of Beechwood Hill in A�t" ©F s I North Andover , o f1�J 4^ � R ilrl�TU 14fid S •xveyor r. .� 1 Of 2 �p �lagsh � 1 SEP-_"-96 WED 08 :2Y AM IN OF NORTH ANDOVER 508 8 9542 p. 02 s� ��rgr� ... 1 c. The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or Surety dated , 19 Covenant dated JuI y 11 , 19 ge from of the City/Town of [forth. Andover Essex , County, Massachusetts recorded with the _NQrth Essex District Deeds, Book 45,86 , Page rin or registered in Land Registry District as Document No. �-•--• and noted on Certificate of Title No. ----� zn Registration Book, ----•----�» Page acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows: Lot 2 Beechwood Drive EXECUTED as a sealed instrument this day of , 19 Majority of the Planning Board of the Town of G North Andover 14Z COMMOMWEALTH OF MA88ACHU8ETT8 Essex , sr, September 17 1996 Then personally appeared Richard S. Rowen one of the above Members of the Planning Board of the Town of North Andover, Massachusetts- and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me. fil Notary ,lPubl7ic M Commission Expires 2of2 D2/22/2002 14:13 9786817570 DUTTON&GARFIELD PAGE 04/04 02/22/02 14!48 FAX 978M9952 L. com Inc i�iO4 if I IQL) f FORM M CONVEYANCE Of EASEMENTS AND LMLITIES Alfred F. Cont:aritto ,(n=aofovmar)of North Andover ,(address) (� County,Massachusetts; for the consideration of 11.00 , ereby grant3, transfers Ud deiivers unto tbe fJ Town of North Andover, a municipal eorpacation in Essex County> the foUowsng A glop maintain perpetual rights and easements to construct, inspect,repair,reMove, replasc,operate and forever maintain(1) a sanitary sower of sewers with any manholes, pipes, eondUits amd other appurte>1Ances, (2)pipes,condults and their appurtenances for the conveyance of wager,and (3) a covered surface and . ground wxtcr drain or drains with any manholes,pipes,conducts acid their appurtenances,and t0 do aD other acts ineideuial to the. foregoing, includi ag the right to pass along and ever the Land for the Cd: Aforesaid purposes, in, through, and under the whole of Beechw000 Hill dated. �+^ .jptj 4aid plan is made and said plan is incorporated herein for a rnmplme and r_� detailed descripti.atx of said roads. R. 71ka perpetual rights and easements to use for drainage (describe use:f purTse) tha following parcel of land situated on Os and Street (Street) in said Town of ' ' North Axndover and bounded and described as follom: U• Lote 1, 2 and 3 on a certain Plan SEP a SS PkS:3: The grantor warrants that the aforesaid easotmeents are free and clear of all liens or encumbrances, that he(it) has good We to transfer tha same, and that he wiU defend the same against claims of all persons. For grantor's title see deed from datede and recorded in 5S �a District Registry of beads,Hook /113 PageSL Aistri of t}aean Ld Court,Book t' or ttndcr CertiF+cate of Title No, fegLstered im a A Page Thal is not a.homestead property. � To be completed if a mortgage exists: ,✓/ the present holder And zq and recotded of a mortgagt on the above described land,which mortgag dated a L5 + in said Deeds,Book,Fat3e . bts and cfor onsidera on Qm above crtgfc ranted leasarid ass nt the thereto ever from the operation of saki tnortgagt:s, the ngas Authorized signature of Mortgageo qpi� . jN WITNESS WHEJUEOF we have hereto set our hands and seals this 31 at day of Suly :i COMMONWEALTH OF?dASSACHUSETTS Essex July 31 , 19 96- Then personally appeared the above named Alf ted<< tan �ilfio and acknowledged the foregoing to be his free act and deed, before me. '��y Public My Commission Expires: 2/21/97 --- NOTE: This conveyance is not effective until accepted by-Town Meeting.