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HomeMy WebLinkAbout1987-06-01 Legal Documents DEF SUB FORM I COVENANT March 11 , 19 88 , '• North Andover —, MA KNOW ALL MEN by these presents that the undersigned has submitted an application dated , to the North Andover Planning Board for approval of a De snit ve Plan of a subdivision o land entitled: "Subdivision Plan Wagon_Wheel Estates in North Andover, p �A"by: MerrimacR Engineering Services dated by: Feb. 1997 Rev. Der. owned by: Arthur W. -r-auERier address: 1 Jenkins Roa , Andover, Mass . , Land located : off of Boston Street_ _North Andover, Mass . and showing 21 proposed lots . The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. I,N CONSIDERATION of said Planning Board of North Andover in the county of Essex approving said plan without requiring a performance bond , the undersigned hereby covenants and agrees with the inhabitants of the town as Follows : 1. That the undersigned is the *owner in fee simple absolute of all the land included in the subdivision and that there are no mortgages of record or otherwise on 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 more 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 co nvey ,any lot in the subdivision or erect or place any permanent building on any lot until the construction of ways and installation of municipal services necessary to ' adequately serve such lot has been completed in accordance with the covenants , conditions , agreements , terms and provisions as specified in the following: a . The Application for Approval of Definitive Plan (Form C) . b. The Subdivision Control. Law and the Planning Board ' s Rules and Regulations governing this subdivision. c. The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated June 2, 1987 . Page 1 of 4 d . The Definitive Plan as approved and as qualified by Certificate of Approval . e. Other document ( s ) specifying construction to be ; completed, namely, AcLreement regarding phasing. However, a mortgagee who acquires title to the mortgaged -premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which provides that no lot be sold or conveyed . 0.7 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 , admistrators , devisees, heirs, successors and assigns of the undersigned and shall constitute a covenant running with the land included in the subdivision and shall operate as restrictions upon the land. 4. That particular lots within the subdivision shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released. 5. , That nothing herein shall be deemed . to prohibit a conveyance by a single deed subject to this covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. 6. That the undersigned agrees to record this covenant with the Essex North County Registry of Deeds, forthwith, or to pay the necessary recording fees to the said Planning Board in the event the Planning Board shall, record this agreement forthwith. Reference to this covenant shall be entered upon the Definitive Subdivision Plan as approved. 7. A deed or any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the 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. 8. 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 . Said covenant shall expire two years from the date of endorsement of the definitive plan. Page 2 of 4 q 9. Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before December , 1989 , the Planning Board shalt 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 Hoard may release such lot from this covenant by an appropriate instrument duly recorded . 10. Nothing herein . shall prohibit the applicant from varying the method of securing the construction of ways and installation of municipal services from time to time or from securing by one, or in part by one and in part by another of the methods described in M.G . L. , Chapter 41 , Section 81-- U, as long as such security is sufficient in the opinion of the Planning Board to secure performance of the construction and installation. For title to the property, see deed from Arthur W. Gauthier dated Auqust 7 , 1987 recorded in North Mgaex Registry of Deeds , Book 2565 , Page 307 , 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 Lawrence Savings Bank of Lawrence, Essex County, Massachusetts The mortgage Tisdated August 7, 1987 and recorded in North Essex Registry of Deeds, Book 2565 , Page 308 , 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 . Not_ Applica le spouse of the undersigned applicant hereby agrees that such interest as 1 , we . may have in the premises shall be subject to the provisions of this covenant and insofar as is necessary releases all rights of tenancy by the dower or homestead and other interests therein. 1 Page 3 of 4 IN WITNESS WHEREORF we have hereunto set our hands and seals thisllth dayof March .19 88 l ` Gauthier- b of Joint Vent ` rt "ur W. Gaut ibr Abbot Corporation B ✓ I I ism°' Dennis M. Donovan, Ass ' t. Treasurer . Acceptance by a Majority of the Planni , Board of 'Aj Essex, SS: COMMONWEALTH OF MASSACHUSETTS June 30, 1988 Then personally appeared the above name George Perna and acknowledges ' the foregoing instrument to be his free act and deed before me. OTARX PiJBLiC ,—. ,^ My Commission Expires: Wage 4 of 4 FORM K PERFORMANCE SECURED BY LENDER ' S AGREEMENT 19 88 North Andover ,,Massachusetts AGREEMENT made this date between the town of North Andover and Gauthier-Abbot Joint venture , hereinaf ter '.referred to as "the applicant of 255 Essex Street, Lawrence Mass . 01842 i and Lawrence Savings Ban , hereinafter referred to as "the lender of 255 Essex Street Lawrence Mass . 01842 r to secure construction of ways and installation of mun ctpa seryices in the subdivision of lad shown on a plan entitled : Subdivision Planagora Wheel Estates in North ' n $v%IMeHTfhack Engineering , dte :F'eb. 1987 & Rev.Dec« ,816wned y.: Arthur- Gauthier r address : 1 Jenkins Road Andover Magg. land located : off Boston Street , and showing 21 _ pro- posed lots , KNOW ALL ME14 by these presents. that the applicant and the Planning Board of the town of North. Andover have executed 0 covenant , dated 19 88 . recorded in the North Essex District Regisfry of Deeds , Rook , Page ; that the appl cant has recorded a first mortgage with the lender dated August 7, 1987 , recorded in the North Essex Registry o.f Deeds , Book Page coveting lots as shown on the a ove-refer-- enced plan as security for the payment of a certain note in the prin- cipal sum of $2 000 000. 00 dollars ; and that the applicant and lender hereby ind and obligate themselves , 'their , or its executors , administrators , devisees , heirs , successors and assigns , jointly and severally to the town of North Andover , a tlassachu- setts mucicipal corporation , acting tFrough its Planning Board , in the sum of dollars , and have secured this obligation by the lender retaining said sum of money of said principal sum other- .wise clue the applicant to insure the performance by the applicant of all covenants , conditions , agreements , terms and provisions contained in the following : I . Application fora Approval Definitive Plan ( Form C ) , dated 2 . The Subdivision Control Law and the Planning Board ' s Rules and Regulations governing this subdivision and dated 3. Conditions included in the Certificate of Approval issued by the Planning Board and dated December 1987; 4 . The definitive plan as qualified by the Certificate of Approval ; and- , 5 . Other document ( s ) specifying. construction or. installation to be completed , namely , Agreement regarding hasin . ( specify other documents , if any , and list lots secured if only a part of the subdivision is secured by a lender ' s agreement) ( Page I of 3) This agreement shall remain in full force and effect until the appli - cant has fully and satisfactorily performed all obligations . Upon completion by the applicant of obligations as specified in the following scheduler STAGE OF DATE WHEN SUM TO BE CONSTRUCTION CONSTRUCTION RETAINED OR INSTALLATION AND INSTALLATION BY LENDER TO BE COMPLETED IS TO BE COMPLETED � . $ 2 . $ 3. $ the interest of the town in such funds retained by the lender shall be released , .that portion of the agreement covering a ' specific stage of work shall become void , and the lender may disburse such funds which have been held as security for a specific stage of work , to the appli - cant., In the event the applicant should fail to complete any stage of construction of ways and installation of municipal services as spe- cified in this agreement and within the time herein specified , any funds remaining undisbursed shall be made available in whole , or in part , by the lender to the Planning Board for the benefit of the town of North Andover to the extent of the reason- able cosf to t1je town of completing such construction or installation as specified in this agreement . Any unused portion of such funds will be released by the Planning Board and may be disbursed by the lender to the applicant upon completion of the work by said town . The town of North Andover acting by and through its Planning Board fiereby agrees to release the following 1 o is i_, 2�_3, 4, 5, 6, 7 , 8, 9 , 10, 11, 12 , 13, 14, T5, 16, l7 18 19 20 and 21 and Old Cart from the operation of the above referenced covenant given pursuant to Section 81-U of Chapter 41 , the Subdivision Control Law without receipt of a bond or deposit of money and further to accept this agreement and the funds in the amount specified herein to be retained by the lender as security for the performance of - the' pro,iect as aforesaid . Upon delivery of this agreement to the Planning Board , said lots shall be released as herein specified . The lender hereby agrees that none of the funds retained as securi•t,y. , as specified herein', shall be disbursed to the applicant without, prior written release of said funds by the Planning Board . Any amendments to this agreement and/or to the aforesaid security shall be agreed upon in writing by all parties to this agreement . ( Pi� nr' 2 of ` ) IN WITNESS WHEREOF we have hereunto set our hands and seals this day of 19 88 Signatures of a Majority of the Planning Board of the town of North Andover Gauthier-Abbot Joint Venture By: Art ur W. Gauthier Abbot Corporation By: Dennis M. Donovan,Ass ' t.Treas. Signature of Applicant Lawrence Savings Bank By: Signature of Author izea Rep- resentative of the Lender- COMMONWEALTH OF MASSACHUSETTS ,55 19 Then personally appeared one of the above named members of the Planning Board of Massachusetts , the applicant , and the authorized representative of thi lender , and acknowledged the foregoing .instrument to be ,the free act and deed of said parties before me , ' Notary Public My Commission Expires : COMMONWEALTH OF MASSACHUSETTS Esser as. , 1988 Then personally appeared the above named Arthur W. Gauthier and acknowledged the foregoing instrument to be his free act and deed, . before me, Philip F. Sullivan, Notary Public My commission expires : Dec. 8 , 1989 COMMONWEALTH OF MASSACHUSETTS Essex, as. , 1988 Then personally appeared the above named Dennis M. Donovan, Ass 't. Treasurer , as aforesaid and acknowledged the foregoing instrument to be the free act and deed of Abbot Corporation, before me, Notary Public My commission expires : COMMONWEALTH OF MASSACHUSETTS Essex, ss. , 1988 Then personally appeared the above named as aforesaid and acknowledged the foregoing instrument to be the free act and deed of Lawrence Savings Sank, before me, Notary Public My commission expires : R TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICIE OF CONSERVATION COMMISSION j%0 R T F1 1 0 4i� o , ko TELEPHONE 653•-7105 Y�+P4440 44 S•(y S'SA CF{USE - PURSUANT TO THE AUTHORITY OF THE WETLANDS PROTECTION ACT, MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED, AND THE TOWN OF NORTH ANDOVER'S WETLAND PROTECTION BYLAW, THE NORTH ANDOVER CONSERVATION COMMISSION WILL HOLD A .PUBLIC HEARING ON WEDNESDAY - SEPTEMBER 23, 1987 AT 8:00 P.M. AT THE TOWN BUILDING SELECTMEN'S MEETING ROOM, 120 MAIN STREET, NORTH ANDOVER, MA ON THE NOTICE OF INTENT OF Arthur Gauthier TO ALTER LAND AT WAGON WHEEL ESTATES Map 107B Lot 27 FOR PURPOSES OF lilling of 4,750 feet of wetland for roadway and flood control structure construction and grading and house construction in the buffer zone., PLANS ARE AVAILABLE AT THE CONSERVATION COMMISSION OFFICE, TOWN BUILDING, 120 MAIN STREET, NORTH. ANDOVER, MA ON WEEKDAYS, FROM 8:30 to 4:3.0 P.M. AND BY APPOINTMENT. BY: Jack LinAon ` CHAIRMAN, NACC RUN ONCE IN THE North Andover Citizen ON Thursday - Sept. 17, 1987• cc: PLANNING BOARD BOARD OF HEALTH PUBLIC WORKS HIGHWAY DEPT. APPLICANT ENGINEER DEQE FIRE CHIEF Bldg. , Insep. . V FORM M CONVEYANCE OF EASEMENTS AND UTILITIES_ Gauthier-Abbot Joint Venture, a ,joint Venture having as its Venturers, Arthur W. Gauthier and Abbot Corporation, both Count Massachusetts ; for the cons i d e r a t i on of one Dollar hereby grants , transfers and delivers unto the town of North Andover , a municipal corporation in Essex County , the following : A. The perpetual rights and easements to construct , inspect , repair , remove , replace , operate and forever maintain ( 1 ) a sanitary sewer or sewers with any manholes , pipes , conduits .and other appurtenaii - 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 old Cart Way as shown on a plan , dated Feb. , 1987, Rev. Dec. , 1987, sai p an is ma a and said p an s incorpFrafea herein T r a complete and detailed description of said roads . dr ina wetlands reservation, "no—build" , "no-cut" , road slope, access an� rii� o way purposes B . The perppetual rights and easement to use far/� the following parcels of land situated on tilde Cart. wa >Wmvt in said town of North Andover and bounded and described as follows : See Schedule A attached hereto and incorporated herein by reference. The grantor warrants that the aforesaid easements are free and . clear of all liens or encumbrances , that he ( it ) has good title to trans- fer the same , and that he will defend the same against claims of all persons . For grantor ' s title see deed from ur W. i dated August , . ar` recorded in District ct �Registry of Deeds , Book Page. or under Certificate of Title No . regi s tered in District o f5rba�cnCourt , Book , page To be completed if a. mortgage exists : And Lawrence Savings Bank of Lawrence, Massachusetts the present a er a a mor gage on t e a ove dtscriped land , which mortgage is dated August 7 19 87 , and recorded in said Deeds , Book , Page W , for consideration paid , hereby releases un o the own forever ram the operation of said mortgage , the rights and easements hereinabove granted and assents thereto . ( P -inn 1 of � 1 y Lawrence Savings Ban j Qauthi.e• Abbot Joint Venture By: _By:.., Arthur W. Gauthier Authorized signature of Mortgagee Owner Abbot Corporation By: IN WITNESS WHEREOF we have hereunto set our an s an seaf 'th s t.mreas day of , 19 88 COMMONWEALTH OF MASSACHUSETTS Fsse - ,Ss 19 8.8 Then personally appeared the above named Arthur W. Gauthier and acknowledged the foregoing to be ree act and deed , before me . T%1'F1`p V, Sullivan Notary Public My Commission Expires : Dec. 8, 1989 «OTE : This conveyance is not effective until accepted by Town Meeting or the Board of Selectmen . COMMONWEALTH OF MASSACHUSETTS Essex, ss . , 1988 Then personally appeared the above named Dennis M. Donovan, Assistant Treasurer as afpresaid, and acknowledged the foregoing to be the free act and deed of Abbot Corporation, before me, Notary Public My commission expires : fp•, rin of E 1 � SCHEDULE A 1. Those portions of Lot 1 shown as "PROP. 20 ' WIDE DRAINAGE EASEMENT" as shown on said Plan Number 2 . Those portions Of Lots 1, 2, 31 4 , 5, 6 , 8, 9, 10, 11, 12 and 13 shown as "PROP. DRAINAGE & WETLANDS EASMT. " as shown on said Plan Number 3. Those portions of Lots 1, 21 3, 4, 50 6 , 8, 9, 10, 11, 12 and 13 shown as "PROP. 50 ' "NO BUILD" EASEMENT" as shown on said Plan Number 4 . Those portions of Lots 1, 2, 3, 4 , 5, 6 , 8, 9, 10, 11, 12 and 13 shown as "PROP. 25 ' "NO CUT" EASEMENT" as shown on said Plan Number 5 . That portion of Lot 51 shown as "PROP. 30 ' DRAINAGE EASEMENT" as shown on said Plan Number 6 . Those portions of Lot 5 and 6, shown as "PROP. 30 ' DRAINAGE EASEMENT" as• shown on said Plan. Number 7 . Those . portions of Lot 61 shown as "PROP. DETENTION POND EASEMENT" as shown on said Plan Number 8. Those portions of Lot 6 , shown as "20 ' WIDE SLOPE EASEMENT" as shown on said Plan Number 9. Those portions of Lot 6 , 7 and 8 shown as "PROPOSED 30 ' WIDE ACCESS ,EASEMENT TO COMM. OP MASS. " as shown on said Plan Number . 10. Those portions of Lot 7 shown as "20 ' WIDE SLOPE EASEMENT" as shown on said Plan Number . 11. Those portions of Lots 13 and 14 shown as "PROPOSED 30 ' WIDE DRAINAGE EASEMENT" as shown on said Plan Number ff t FORM I COVENANT 19 88 rth Andover—, MA 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 subdivision o land entitled: "Subdivision Plan Wa on Wheel Estates in North ,Andover, p $a -by: Merrimack EngIneering services , dated by; PeS. 1987 Rev.Dee. owned by: Arthur W.- - au aer , address: I Jenkins Roa , Andover, Mass'. , land located: off of Boston Street, North Andover,- Mass . and showing 21 proposed lots . The undersigned has requested the Planning Board to approve such plan .without requiring a performance bond. TN CONSIDERATION of said Planning Board of North Andover in the county of Essex approving said plan without requiring a performance bond , the undersigned hereby covenants and agrees with the inhabitants of the town as follows: 1. That the undersigned is the *owner in fee simple absolute of all the land included in the subdivision and that there are no mortgages of record or otherwise -on 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 more 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 still or co nvey •any lot in the subdivision or erect or place any permanent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, terms and provisions as specified in the following: a . The Application for Approval. of Definitive Plan (Form C) . b. The subdivision Control Law and the Planning Board ' s Rules and Regulations governing this subdivision. c. The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated Page l of 4 d . The Definitive Plan as approved and as qj"Lfied by Certificate of Approval . e, Other document(s) specifying construction to be completed, namely, Agreement regarding phasing. However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which provides that no lot be sold or conveyed (�,- 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 , admistrators, 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 upori the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific Iota to be released. 5. That nothing herein shall be deemed . to prohibit a conveyance by a single deed subject to this covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the ,Planning Board. 6. That the undersigned agrees to record this covenant with the Essex North County Registry of Deeds, forthwith, or to pay the necessary recording fees to the said Planning Board in the event the Planning Board shall record this agreement forthwith; Reference to this covenant shall be entered upon the Definitive Subdivision Plan as approved. 7, A deed or any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three ( 3) years frpm the date of such creed, as provided in Section 81-U, Chapter 41, M.G.L. 8. 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 . Said covenant shall expire two years from the date of endorsement of the definitive plan. Page 2 of 4 9. Upon final completion of the construction o`i wi4ys and installation of municipal services as specified herein, on or before December 1989 the Planning Board ' shall release this covenant -by an - appropriate instrument, . duly acknowledged ., - Failure to .complete construction and installation within the time specified herein or such later date as may be specified by vote of the Planning Board with a written concurrence of the applicant , shall result in automatic rescission of the . approval of the plan. Upon performance of this covenant with respect to any lot, the Planning Board may release such lot from this covenant by an appropriate instrument duly recorded . 10. Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and installation of municipal services from time to time or from securing by one, or in part by one and in part by another of the methods described in M.G.L. , Chapter 41 , Section 81- U, as long as such security is sufficient in the opinion of the Planning Board to secure performance of the construction and installation. For title to the property, see deed from Arthur W. Gauthier dated August 7, 1987 , recorded in North Essex 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 present holder of a mortgage upon the property is Lawrence Savings Bank of Lawrence, Bssex Count , Massachusetis The mortgage is^ dated August 7, 1987 and recorded in North Essex Registry of Deeds, Book Page , or registered. in Land 1egistry 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 . Not Applicable spouse of the undersigned applicant hereby agrees that such interest as I , we , may have in the premises shall be subject to ,the provisions of this covenant and insofar as is necessary releases all rights of tenancy by the dower or homestead and other interests therein. r Page 3 of 4 IN WITNESS WHE REOhe ' we have hereunto set our hadds and seals t this of 19 88 Gauthier--Abbot Joint Venture By: W. Gauthier Abbot Corporation . By: _ Dennis M. Donovan, Ass ' t. Treasurer Acceptance by a Majority of the Planning Board of. Wage 4 of 4 � .... '�• .. .} a ,.• o ` r "'e,,�t FORM J RELEASE FORM,' Planning Board of the Town The undersigned , being a majority of thela g i� . of North Andover , liassochusetts , hereby certify that : a * the. requirements' for".the' construction of ways and municipal services called for the the Performance Bond or 5ure.ty and dated 1,9 and/or by the Covenant dated North Essex 19 88 and recorded in /District Deeds , Book Page ; or registered in Land Registry District as Document No . and noted on Certificate of Title No . in Regis - tration Book Page , has been completed/partially completed , to thesatisfaction of, t-he Planning Board to adequately serve the enumerated jots shown on Plan entitled " sio Plan of Wagon Whee_l. .Estates in 'North Andover, Mass . Sections ) Sheets 1•-y Plan dated Feb. 1.987 Rev.Dec. 198,7 c recorded by theEssex as Plan Number North District Registry of Deeds Ak�mAkx* � or registered in said Land Registry District ; Plan Book , Plan and .said 'lots are hereby released from the. re- strictions as to sale and building specified. thereon . Lots designated on said Plan as follows ; ( Lot number( s ) and stieet( s ) ) 1, 2, 3, 4, 5 , 6, 7 , 8, 9 , 10, 11 , 12, 13, 14 , 15, 16, 17, 18., 1.9, 20 , 21 and 41d Cart Way. b . ( To be attested • to by a Registered Land Surveyor) Y hereby certify that' lot number( s ) on _._ Street ( s ) do conform to layout as shown on Definitive Plan entitled " Section Sheets Registered Land Surveyor C . The Town of North Andover , a municipal corporation situated in the County of Essex , Commonwealth of Massachusetts , acting by its duly organized Planning hoard , holder of a Performance Bond or Surety dated 19 88 and/or a Coven0t dated 31 1988 from Gauthier-Abbot Joint Venture of t e C ty iwixof LTawrence, Essex County , Massachusetts recorded with e North Essex District Reeds , Book , Page or registered to Lana Registry District as Document No . and noted on Certificate of Title No . in RegMration Book Page , acknowledges satisfaction of the terms thereo77nohereby r teases its right , title and in - terest -in the lots designatgd on said plan as follows : 1, 2, 3, 4 , 5, 6, 7 , 8 , 9 , 10, 11, 12 , 13, 14 , 15, 16 , 17 , 18 , 19, 20, 21 ancl Old Cart Way. EXECUTED as a sealed instrument this day of 19 $8 Majority of the Planning Board of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS , ss . 19 Then personally appeared one of the above named members of the Planning Board of the Town of North Andover., Massachusetts and acknowledged the foregoinP instrument to be the free act and deed of said Planning Board , before me , Notary Public My Commission Expires : ( Page 2 of 2 ) r