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HomeMy WebLinkAbout1991-07-09 Legal Documents DEF SUB !f E PHILIP F. SULLIVAN ATTORNEY AT LAW OLDE ANDOVER VILLAGE-WEST MALL POST OFFICE BOX 48B ANDOVER, MASSACHUSETTS 01B10 (50B] 470-20ES December 12 , 1991 1 Mr. Christian C. Huntress Town Planner Town of North Andover Town Hall North Andover, Mass. 01845 Re: Wagon Wheel Estates. Dear Chris : I enclose herewith a proposed Covenant Form I for your review. Would you please let me know as soon as possible if it is acceptable so that I may have it properly executed. (::];P'�i�pF. yours , Sullivan Enclosure jw /r N FORM I COVENANT February o*,, 19 92 Andover MA KNOW ALL MEN by these presents that the undersigned has submitted an application dated March , 1991 , to the NORTH ANDOVER PLANNING BOARD for approval a Definitive Plan of a subdivision of land entitled: Wagon Wheel Estates , plan by: Merrimack En ineerin Services dated: February 1987* owned by: Edwin Brown address: 1535 Great Pond Road, North -Andover, Mass. land located: Off Teoma Estates, North Andover, Mass. , and showing 21 proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. *Rev. December 1987 , Rev. March 25, 1991 IN 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 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. *I.f there is more than one owner, all must sign. "Applicant" may be an owner or his agent 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 permanent building on any lot until the construction of the 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. 1 of 5 I c c. The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated July 9 , 1991 d. The Definitive Plan as approved and as qualified by Certificate of Approval. e. Other document(s) specifically construction to be completed, namely, None However, a mortgage 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 provided 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. 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. ,2 of 5 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 the :endorsement `of 'the definitive plan. 9. Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before July 9, 1993 ._ , the Planning Board shall release this covenant `hy 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 _ap li,cant, 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 Gauthier-Abbot Joint Venture_ dated December 14 , 1989__, recorded in Essex North District Registry of Deeds, Book 3051 Page 188 , assx>mmg eredxxixxxxxxxxxxxxxxxxxxxxxxxxLNndx Regdm�yxxwsxx>uoagw&vit�xxwdr,xxxxxxxxxxxxxxxxxxxxxxandxxmxAxxkxxmxx r*Cln9A5iXMtWXdtgXtt V,XW xxxxxxxxxxx4xa cnMt%bdXenx XX&x td&kexzky,xxxxxxxxxxxxx4x>dwxRxIJ :AtAlzwxgpMXXXXXXXXXXXXXXX,XXPKqNxx ,. xxxxxxxxxxxxx xxt xmmm"t4lagdxluxdat*axxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxtidxtdadrd6d xtwxxxxxxxxxxxxxxxxxxxxxxxxxxxxxINxji-84=aycis ;Cx kxxxxxxxxx:�x xDuqaxxxxxxxxxx,xxx4txm2*q,kg� g xxJ=xxxxxxxxxxxxxxxxxxxxxxxxxxxLand >gag14tilvcxaxx®ulgum7&ntx xxxxxxxxxxxxxxxx x� }cx x xeertxg$�a#�nx x4Cfcxtit;y4xBb�:xxxxxxxxxx:i*)xT*�yixAyftx2w>Ew"xxxxxxxxxx� xp,xgdxxxxx4xx MaW xt iWxZ=9xWMXMO�xx8OVe;exVMd<xeIfet2#zx�MxthouighxmaeoutQdxaigdx ���x�xth,��t�ma}xx �x��tetx�t�3�xxag�ser�asx xl2Ql�xlAC��Ii��C��4xXSR7'���.x �`���� ��V��f�'��t(dKt�f xxxxx 3 of 5 XXXXXXXXXXXXXXXXXXXXXxXXXX�xxspausexx)cxxthaxxnxlowadquedxapp&Axwptx . Yace�te�.�cX�x�xi�x$1� C]s��Xx2c�sxX�Kx �cx�1�►���4#�xx�x�l� �sce�txsesx�c � 1�xt��fx�n�x�1e .. .� x ��x��5�LhAh�x� x>p� '€ ix � IN WTTNFASS WHEREOF we gave hereunto set our hands and seals this 1 1 f (0 ✓ of February 19 92 . �' A o oraat on J ' owner Robert P . Perreault, i Treasurer a Aoww" rdtr ' t / rL( C_ Ac tance by a Majority of he Planning Board of 1u1nV E R. COMMONWEALTH OF MASSACHUSETTS Essex ,ss February 120 , 1992 Then ersonally appeared before me the above named Robert P. Perrea.ult, Tr asu er as --- a ore sa, g_,_ and acknowledged the foregoing instrument -to be the free act and deed of Abbot Corporation. LA DONNA H . BREEN " jrWW Notary Public NOTARY PUBLIC My commission exp,Apr.24,190 My Commission Expires: +V• At, COMMONWEALTH OF MASSACHUSETTS t�k ,ss MAP-raft lol , 19 9k Then personally appeared' before me the above named C 9-b9X1C__ PUMA and acknowledged the foregoing instrument to be RIS M f, free act and deed. C� the NOM AM-b606P, Pi,AMtJIM6 �oAl2Q . otary Public _4,LZL�_ My Commission Expires: 01rV,- 4 of 5 COMMONWEALTH OF MASSACHUSETTS ,s s , 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ,ss , 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Notary Public My Commission Expires: F 5 of 5 i f FORM J LOT RELEASE The undersigned, being a majority of the Planning Board of the Town N 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 Veb Z(6 19 CLa and recorded in District Deeds, Book 3430 _, Page 3y 3 or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book Page has been c-E 4ed/partially completed, to the - satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled " �,Jcaan,� WACO] Section (s) Sheets Plan dated aiql crul:�eo_ , 19 Gi# recorded by the i s5e 'D►i' Registry of Deeds, Plan Book , or � registered in said Land Registry District, Plan Book , Plan it Laoa 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 4 street (s) ) b. (To be attested by a Registered Land Surveyor) 1 hereby certify that lot number (s) 3.11I 5A 7 0 10 11 1 ,?D .2 1 on �_.C' Street s) do conform to 1 yout as shown on Definitive Plan entitled " hee/ *!5?4'4 Section Sh et(s) 1 9 " O Regit c �L vSu • � 97,4i�iy5i; t'' } yy t YA HATEM & M4AHONEY I of 2 1,17 TURNPIKE ST. NO. ANDOVER, MA 01846 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 , and/or Covenant dated , 19 from of the City/Town of County, Massachusetts recorded with the District Deeds, Book , Page or registered in Land Registry District as Document No. and noted on Certificate of Title No. in 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: EXECUTED as a sealed instrument this 1�� day of G72)13L , 19qV . Majority of the Planning Board. of the Town of �,� �-------q North Andover COMMONWEALTH OF MASSACHUSETTS ss _SL���E'��0, 19 17 Then personally appeared Huard 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. l• Notary Pub is /S My Commissi Expires 2 of 2 } FORM 1J LOT RELEASE 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 F. r�r 2 _ _ r 19 cLa and recorded in District Deeds, Book y 3� Page �(' or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book Page has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled ee I ESTA10 s Section (s) , Sheets Z-9 " , Plan dated 26 , 19g4 recorded by the , y rlA Registry of Deeds, Plan Book , or registered in said Land Registry District, Plan Book , Plan'tt , 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) ) b. (To be attested by a Registered Land Surveyor) I hereby certify that lot number (s) te)"l /9 ��f �-3 _ on ,g10_C A AU WAJ A street (s) do conform to 1 yout as shown on Definitive Plan entitled !1 Es t- SectionI S et (s 11 Regist e ,�. $fir 1, 4�. I of 2 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 , and/or „bw��.r 7 _ 19 q2 f rom Covenant dated �p of h City/Town of _ •tJ(Sv-Xln County, Massachusetts recorded, with the District Deeds, Book ,_, Page or registered in Land Registry District as Document No. and noted on Certificate of Title No. , in 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: EXECUTED as a sealed instrument this o?.?0) day of lq G) U•< % , 19 Majority of the Planning Board, � `�` of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS 5� ..::.. ss L]UCyUsT ? 19 Then personally appeared --�osePH- y, )-JA11oNr,-� , 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. otary Public -TAA1ET u. eATM My eommis6ion Expires 2 of 2 r ' i ' FORM ?* t, LOT- MLEASB 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 l`r Fe 7_6 _ , 19 _ and recorded in District Deeds, Book _:1430 Page _ 3L13 or registered in Land Registry District as Document No, and `noted on certificate of Title No. in Registration Book Wage has been Jpartially completed, to the - satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled o 6 7.sras Section (s) , Sheets Plan dated re , 0 3 zo , 1991 recorded by the4,]:j,�Y A J^,1 l�iA-r,, G r _ Registry of Deeds, Plan Book , or registered in said Land Registry District, Plan Book , Plan , 1ao2q , 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) } gas � • � f y ' r b'. (To be attested by a Registered Land Surveyor) 1 hereby certify that lot number (s) �7 J _ on �- c Street(s) do conform to lay t as shown on Definitive Plan entitled ii it +ram--� a Section Stieet(I .. �orM IFEPF�tJ ��„ I SYAPINSK1 f v No.nfre 0 Register u eyo A '� e�' �FJ v s\ GASP 'r A rwd ' I of 2 The .Town of North Andover, a municipal corporation situated in l the County of Essex, Commonwealth of Massachusetts, acting by its _duly organized Planning Board, holder of a Performance Bond or Surety dated , 19 , and/or Covenant dated _ _eb 2h , 19 cA2. _ from of the City/Town of _rA0 ('AYY1 VAT-aCZV&-- County, Massachusetts recorded with the �a✓kh Eet e District Deeds, Book t) , Page or registered in Land Registry District as Document No. and noted on Certificate of Title No. in 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: r EXECUTED as a sealed instrument this ( . day of S4P7' , 19 c/� Majority of the Planning Board. of the Town of /4C North Andover -D COMMONWEALTH OF MASSACHUSETTS ss SP ?1�~ (p , 19 L C Then personally appeared RIc*Ae6 A ..lJA0eUR _ _ , 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. otary Public -S"o- L. GkTaAJ My tommission ;Expires 2 of 2 i j '-1 I c 1 l 4 l T` A fte w rl, RE is AWRENCE, MASS. TRUE COPY: ATTEST: e?m� REGISTER OF DEgp.9 i FORM M COINVEYANCE OF EASEMENTS AND UTILITIES JDP Development Company, Inc. , of 12 Rogers Road E Haver MA County , Massachusetts ; for the consideration of one Doll r hereby grants , transfers and delivers unto the town of a municipal corporation in Esoex _ County , the following : A. The perpetual rights and easements to construct , inspect , repair , remove , replace , operate and forever maintain ( I ) a sanitary sewer M or sewers with any manholes , pipes , conduits and other . appurtenan - F� ces , ( 2 ) pipes , conduits and their appurtenances for the conveyancer-] 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 ether 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, shown on Plan No. 12029, dated Feb.1987;R-v lb--•1987 + 3/26/91 said plan is made and said plan is incoroorated Jverein for a complete and detailed description of said roads B . The perpetual rights and easement to use for Drainage and Wet-land the following parcel of land situated on old Cart Street in said town of North Andover, Massachusetts. and bounded and described as follows : :. Lots numbered 1,2,3,4,5,6,8,9,1Q,11,12,,13 .and 14 Qn elan na. 1:2029., Cz) w L The grantor warrants that the aforesaid easements are free and clear=�- of aTl 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 W�-tLIBirChCIX)StrLL-tiM, Inc. 1 94 , an recorded in daE3 N�h ed M � 30 District Regi stry of Deeds , Book 4015 , page 121. To be completed if a mortgage exists : And Nye of the present o der o a mortgage on the above described Tand , which mortgage is dated , 19 , and recorded in said Deeds , Book page for consideration paid , hereby releases unto t e totiin forever from the operation of said mortgage , the right= and easements hereinabove granted and assents thereto . f JDP Development CC ) Inc. '3y: By se J. Scott, President Daniel P. Betty, Clerk IN WITNESS WHEREOF we have he set aiir handstand seals this d day o f Aup,. A ` 7� -�' coMMONWEALTH OF MASSACHUSETTS 199 �-� , ss eared the above named-�a 3 1wt� Then personally appeared �fe and acknowledoed the foreaoina to be _ ;,, act and deed , before me . Notary Public Y �Y My Commiss ' on Expires : NOTE . This conveyance is not effective until accepted by Town Meeting or the Board of Selectmen . i GRANT OF EASEMENT. , JDP DEVELOPMENT CO. , INC. , for consideration paid of One ($1 . 00 ) Dollar, hereby grants to the Inhabitants of the Town of North Andover, Essex County, Massachusetts, an easement to pass and repass on and over the way known as 0ld Cart Way and to use said Old Cart Way for all purposes for which streets and ways are commonly used in North Andover, Massachusetts. Old Cart Way is i more particularly described on a plan of land entitled, "Subdivision Plan Wagon Wheel Estates in North Andover, Mass. Drawn For Arthur Gauthier. . .Date: February 1987 , Scale 1"=401 , prepared by Merrimack Engineering Services. " which plan is recorded with the Essex North District Registry of Deeds as Plan #12029, reference is made to said plan for a more particular description of Old Cart Way. F� Grantor expressly reserves from the conveyance hereunder the fee interest of the land in Old Cart Way. r, Being a portion of the premises conveyed to the Grantor by deed recorded in said Registry Book 4015, Page 121. in Witness Whereof the said JDP Development Co. , Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Joseph J. Scott, its President and Daniel P. Betty, its Clerk hereto duly authorized, this 22nd day of August, 1994 . JDP DEVELOPMEN CO. , INC. �. c• By. ep . Scott, resid nt T_ ICJ By: Ddniel P. Betty, Clerk COMMONWEALTH OF MASSACHUSETTS Essex, ss. August 22 , 199 Then personally appeared the above named Joseph J. Scott, President and Daniel P. Betty, Clerk and acknowledged the foregoing instrument signed by them to be the free act and deed of JDP Development Co. , Inc. , before me NOTARY PUBLIC My Commission Expires : I Vy y-/R 5, 1 4 \ PROTECTIVE COVENANTS of WAGON WHEEL ESTATES i WHEREAS, JDP DEVELOPMENT CO. , INC. is the Owner and Developer of 21 Lots of Land as are more particularly described in a certain plan entitled "Subdivision Plan Wagon Wheel Estates in North Andover, Mass. Drawn For Arthur Gauthier. . .Date: February 1987 , Scale 1" as recorded with the Essex County (Northern District) Registry of Deeds on April 1, 1992, as Plan No. 1.2029 . TJ KU The following protective restrictions and covenants are hereby adopted and made applicable to all of the lots shown on said plan for the benefit of all owners in said subdivision plan. 1. Land Use and Structure Types Structures shall, be used only for private residential purposes. No business, commercial., manufacture or industrial use shall be made of the sites at any time. Professional offices may be permitted in accordance with the North Andover Zoning By-Laws. Only one detached dwelling and a private garage for not less than two cars shall be allowed on each lot. Construction of any building, including finished landscaping, shall be completed within one (1) year after commencement of said construction. if said construction is not completed within one (1) year, the Development may fine the lot owner $100 . 00 each day thereafter. No tent, trailer, or mobile ' home shall be allowed on any lot. Any temporary building shall be built to the rear of the dwelling. IV 2 . Storage Tanks_: All oil, liquid fuel or other storage tanks shall be maintained below ground level or within the residential structure, except that if any storage tanks are required to be above ground level outside of the structure due to health or safety reasons or municipal regulations or ordinances, such tanks shall be located behind the dwelling and be totally screened by fencing or bushes, said screening to be subject to architectural review under Paragraph Thirteen (13) of these Covenants. 3 . Pools: Private swimming pools, shall be, if possible, erected to the rear or side of the residences. Swimming pools shall not be located within thirty (30) feet of any property line or placed above ground level. 4 . Easements: There may be reserved easements for water courses, drainage facilities and maintenance of utilities as shown on subdivision plans as recorded. Within these easements, no structures, planting or other material shall be placed or permitted to remain which may damage or interfere with the j installation and maintenance of utilities, or which may change the direction of the flow of drainage channels in the easements , or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority for a utility company is responsible. The ' owners and/or developers as hereinabove named or such public authority or utility company as may be responsible, may enter upon the premises for the purposes of cleaning, replacing or maintaining such easements. 5. Animals: No livestock or poultry of any kind shall be raised, bred or kept on any lot, with the exception of domestic household pets, which shall be allowed to be kept at each residence. 6. Garbage and Refuse Disposal: All vacant lots shall be kept free of accumulation of trash or rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers . 7 . Vehicles: No unregistered vehicles, junk cars, or parts thereof, or semi-trailers, shall be permitted on any lot. All vehicles shall be parked off the streets and roadways . No tractor trailer trucks or commercial vehicles shall be permitted on any lot and any trucks, boats, trailers, campers, vans etc . shall be kept at the rear of the building. 8 . Building Exterior: No structure shall be left with an unfinished exterior. The exterior of each structure shall be kept in a proper state of repair and maintenance. 9 . Term: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30 ) years from the date of recording after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. Failure to specifically refer to and/or incorporated these protective covenants in deeds to lots shown on subdivision plans shall not in any manner affect the validity and effectiveness of these restrictions by this declaration. 10 . Enforcement: Enforcement of these restrictions and covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant or restriction provided herein either to restrain violations or to recover damages. 11. Severability: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 12 . Notice of Restrictions and Covenants: A copy of these restrictions and covenants shall be recorded in the Essex North Registry of Deeds. 13. Architectural Review Committee: No building, structure, addition, or improvement of any character other than the interior alterations not affecting the external appearance of the building or structure shall be constructed upon any portion of the property referred to above until formal plans and i specifications of such construction and siting shall have been approved by an agent or Architectural Review Committee designated by JDP DEVELOPMENT CO. , INC. , as to quality of workmanship and materials and harmony of external design and color with surrounding structures. 14 . Buildings: Each residential structure shall have a minimum of 2 ,400 square feet of finished living area, exclusive of garages, breezeway, basement and attic. All garages shall. have stalls for motor vehicles. 15 . Prefabricated Houses: There shall be no prefabricated houses placed on any lot. IN WITNESS WHEREOF, the said JDP DEVELOPMENT CO. , INC. , has caused these presents to be signed in its name and behalf by its , this 22nd day of August, 1994 . JDP DEVELOPMENT CO. , INC. By: B s h J. ott, Presid t Daln-l-e-1 P. Betty, Clerk COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . August 22 , 1994 Then personally appeared the above named +�5�P �• S c ear *""� too and acknowledged the foregoing instrument to be the free act and deed of JDP DEVELOPMENT CO. , INC. , before me, Y �f Notary Public My Commission Expires:/oh/91F DEED WILLOW STREET REALTY,INC., a Massachusetts corporation organized under the laws of the Commonwealth of Massachusetts,having an usual place of business in Haverhill, Essex County, Massachusetts, for consideration paid, and in full consideration of LESS THAN ONE HUNDRED ($100.00) DOLLARS, grants to THE INHABITANTS OF THE TOWN OF NORTH ANDOVER, of 120 Main Street,North Andover, Essex County, Massachusetts, with QUITCLAIM COVENANTS, The fee in the roadway known as Old Cart Way, situated in North Andover, Essex County, Massachusetts,being shown on a plan of land entitled, "Subdivision Plan Wagon Wheel Estates in North Andover, Mass., drawn for Arthur Gauthier, I Jenkins Road, Andover, Mass., Scale 1"-40% F'eb., 1987, Rev. Dec., 1987, Rev. 3-26-91,Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts, 01810", which plan is filed with the Essex North Registry of Deeds as Plan No. 12029. Parcel is a 50' wide right of way known as Old Cart Way, Station 0+00 (at the end of the present Old Cart Way)to Station 25+83.47 and shown on an As-Built Subdivision Plan and Profile in North Andover,Mass., for Scott Construction, prepared by Merrimack Engineering Services, Inc., dated December 1, 1995,revised April 21, 1997, For the Grantor's title to the fee in the roadway, see deed dated October 12, 1994, and recorded in the Essex North Registry of Deeds, Book 4143, Page 71. See Certificate of Vote, dated October 23, 1995, and recorded in said Registry in Book 4364, Page 189, IN WITNESS WHEREOF, the said WILLOW STREET REALTY, INC., has caused these presents to be signed in its name and behalf by , its this 6th day of April, 1999. WILLOW STREET REALTY, INC. By 9 . 9 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. April b, 1999 Then personally appeared the above named , and acknowledged the foregoing instrument to be the free act and deed of WILLOW STREET REALTY,INC.,before me, 1 Notary Public My Commission Expires: XAC34451-149071G445144.DOC V frJ/1 0 a43 . FORK _ COVENANT _.u' F'ebrua� 1992 Andover MA KNOW ALL IIEN by these presents that the undersigned has submitted an application dated March 1991 , to the NORTH ANDOVER PLANNING BOARD for approval a Definitive Plan of a subdivision of Land entitled: Wagon Wheel Estates plan by: Merrimack Engineering Services dated: February 19 8 7 , * owned by: Edwin Brown , address: 1535 Great Pond Road, North Andover, Mass , land located: Off Teoma Estates , North Andover, Mass , and showing 21 proposed lots. The undersigned has requested the Planning Board to approve such plan without � requiring a performance bond. *Rev. December 1987 , Rev. March 26 , 1991 IN 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: LAJ 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 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 of record must sign the covenant. T o m 2 . That the undersigned will not sell or convey any lot in the. subdivision or erect :. or place any permanent 0 building on any lot until the construction of the ways C and installation of municipal ' services necessary to - adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, C terms and provisions as specified in the following: u 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. 4� 1 of 5 i C. The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated july 9 1991 . d• The Definitive Plan as approved and as - qualified by Certificate of Approval. e, other document (s) specifically construction to be completed, namely, None However, a mortgage 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 provided 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. 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. 2 of 5 I 34 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. ' Said covenant ' shall expire two years from the date of the endorsement of the definitive plan. 9 . Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before July 9 , 1993 , 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 Gauthier-Abbot Joint Venture dated December 14 , 1989 , recorded in Essex North District Registry of Deeds, Book 3051 , Page 188 , m�rsx x -tQmadx:Mmxxxxxxxxxxxxxxxxxxxxxx$3ndx ��Xx�cx:�t��q�{xx��xx.{xxxxxxx:�:t:cxxxxxx�cxxandxxdcxx�x � �:�Cc�:c�c��.�,�px: YxxXx:cxxxx:c�x:am��X�nx���rs �sxfxx . tdox2zx Xxxxxxxxx:(xxx4xXhZXR t7SZT4�t,l�WXU=XNXxXxxxxxxxxxx%X:Pg�1§xx XXXXXXXxxx'%xx xxtx xm=:InmtgcNgijxt.,Axdgt:�-fidxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxg xlfgd6"tdgd XtwxxxxxxxxxxxxxxxxxXxxxxxxxxxxxlteNgd et AYAQW&�Z;<x kXXXXXXXXX"X XPUZ icxXcx xxxxxx;cx:t:t:Cx;�xxxx:CXx:CxxXXxxxXx �cd x�g x � XXxxXxxxxx �i t hp rxxXxxxxxxXPP4gdxxxxX4xx x�r���x;�g�cx�sl�xx �x �x x�c�sdx�xggrae�x 3 Of 5 xx.txxxxxx:txx;txxxxxx�rx;cxxx<t�Yx�c�tse:c��xexx�de�x�.��, ��c WyXxXX xgs�aax$esx : .x x4�jwuzXtisX?&h_6x 'WA. ��s`t W x FN Xis&M Mhtx:& xiw"9zrX V=x Xx4dky Y x r. V9C Xdf X�@ft4wxzicx.1 ' .� IN WITNUS WHEREOF we gave hereunto set our hands and seals this of February , 9 2 ion at er Robert P . Perre-ault, Treasurer y; as FTl v-2yin � yti y ILA\ , Ac tance by a Majority of the Planning Board of COMMONWEALTH OF MASSACHUSETTS Essex , ss February (� , lgp-; t�4ti4itti�stl�J,rr�`, Then prersonally appeared before me the above named Robe '� � .: � �ult, Tr asu er as a oresaig and acknowledged the foregoing in�z4d }n be -the free act and deed of Abbot CorporatiP a DONNA M . BREEIEN Mgv4W yW #VzJ=zW, Notary Public ; ��'• � �{ ;s�;',�°�''�� NOTARY PUSLIC ,, �A. ••.,. .•° �� ;r My commission azp,Ay.24,#M slily Commission Expires: � „• - COMMONWEALTH OF MASSACHUSETTS mpreCf+ lot -, 19 Then personally appeared' before me the above named C-tORC� PUMA and acknowledged the forego' instrument to be M•Qs free act and deed. C� -ffie NOAT My Commission Exp%red;:= .s 4 of 5 r F;� COMMONWEALTH OF MASSACHUSETTS i ►ss ► 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ►ss , 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Notary Public My Commission Expires: 5 of 5 243 RM FO M '� CONVEYANCE OF EASEMENTS AND UTILITI �S`a 7T I I I F JDP Development Company, Inc . of 12 Rogers Road Havertl] 1, 4A 01 County , Massachusetts ; for the consideration of p D hereby grants , transfers and de 3_i vers unto the town of a municipal pal corporation in Essex County , the �i following : I A. The perpetual rights and easements to construct , inspect , repair , remove , replace , operate and forever maintain ( 1 ) a sanitary sewer M or sewers with any manholes , pipes , conduits and other appurtenan - �A ces , ( 2 ) Pipes , conduits and their appurtenances for the conveyanc of water , and ( 3 ) a covered surface and ground water drain or and drains with any manholes , pipes , conduits and their appurtenances , 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 Wa , shown on Plan No. 12029 , d a t e d Feb.1987;Rev Dac.1987 + 3/26/91 , s a i d p l a n i s m a d e a n d s aid—PI an i s incorporated Nerein for a comp ete and detailed description of said roads . 8 . The perpetual rights and easement to use for Dfra Ana= and wetland the fo 11 ow i n g parcel of �� situatAndover,ed on old Ma sachuseti:s. W Street in said town of and bounded and described as follows : Lots numbered 1,2,3,4,5,6,3,9,10,11,12.,13 .and 14 Qn plan not 12029 The grantor warrants that the aforesaid easements e are f etandclear- of all liens or encumbrances , that he ( i-t ) has g trans - ferood the same , and that he wi11 defend the same against claims of all persons . For grantor ' s title see deed from � ' ��' Ire. dated Mmr-h30 , 19 94 and recorded to th District Registry of Deeds > Book 4015 Page 121. Z -4 To be completed if a mortgage exists : em laof LX A.nd the present no der or a It: r mortgage on the anove descry ed and , which mortgage is dated Book ` Ig and recorded in said Deeds , Page for consideration paid , hereby releases unto cne tot-in forever from the operation of said mortgage , the rich and easements hereinabove granted and assents thereto . I 2 50 jDP Develognent Co• , Inc• o By: �: ..LJ L. se 3 . Scott , President Daniel. P. Betty, Cleric I '�fITNESS WHEREOF we have hereunto set oor hands and seals this 22rd day of , 19 _ COtiMONWEALTH OF MASSACHUSETTS P.uist 22, B , ss the d a " Then personally appearedabove name Fr and acknowledged the foreaoi na to beY;,� _ act and deed , before me . {rotary Public Ny Comml s s ' an Expires : a ( 9 NOTE : This conveyance is not effective until accepted by Town Meeting or the Board of Selectmen . r` 3 l� � ai O'CLOCK s� _ �� t� � ki - ALA f1ECO1tt��Cf( A iE:S1 FORM C APPROVAL OF Dg'INITIVE PLAN APPLICATION FOR r o ` 91 March 26 �� To the Planning Board of the Town of North Andover: licant as defined undsr Chapter 411, Section The undersigned, being tasubdiv3.sion shown on a plan entitled -for approval of a proposed subdivision plan, Wagon Wheel Estates dated Februar 1.987 ; revised 3/26/91 by Merrimack Engineering Services being land bounded as follows: �desterl b Teoma Estates and land of Abe b land of the Commonwealth of Massachusetts Easterlyb land of "rthcrl Abseb Realty. Southerl b land of the Commonwealthlan iaccordance Massachusetts . the Rules and her submits said plan as a DEFINY pBoard and makes application to the Regulations of the North Andover Planning Board for approval of said plan. ce: North Essex Deeds, Book 11 t Page 1.98 ..i or Title Referen _ or Certificate of Title No. ,t Roestration Book„_► page.-" Other: evolved from a preliminary Ply submitted to Said plan has( ) has not( ) 86 and approved (with modifications) ( � a roved the Board of March 2d lq ��- and definitive plan previously pp disapproved (x on une 19 86 .> by the Board. The undersigned hereby applies for the approval of said DEFINITIVE plan by the Boards and in furtherance thereaf hereby agrees to hereby further covenantside band agreesy the Board's Rules and Regulations. The undersigne rovalyof said DEFINITIVE plan by the with the Town of North Andover, upon app Board: regulations of the 1. To install utilities in accordance with the rules and re Seyor, the Planning Board, the Public Works Departmentt the Highwayawe of said Tovnat Board of Health, and all general as well as zoning y- as are applicable to the installation of utilities within the limits of ways and streets; improvements shown 2. To complete and construct the streets or ways and other �P ations thereon in accordance with Sections Iv and V of E plaRules rofiles�and cross of the Planning Board and the approved DEFINITIVE p sections of the same. Said plan, profilest cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall,be binding upon all heirs, e�cd land, ad assigns of the successorst grantees of the whole or part of said land and assign undersigned; and oresaid installations and construction within two (2) complete the af years from the date hereof-, . Received by `,own Clerk: Signs ure of Applicant Mr. E. Maloof Date; 30 Ma sachusetts Avenue Time: worth Andover MA 01845 Signature: Address WAGON WHEEL DEFINITIVE SUBDIVISION CONDITIONAL APPROVAL 7/9/91 1. Prior to any lots being released, Bonds shall be posted to ensure construction and/or completion of roadways, site screening and other pertinent public amenities. These bonds shall be in an amount as. determined by the Planning Board and shall be in the form of a Tri-Party Agreement, or Pass Book. 2 . An as-built plan and profile shall be submitted for review and approval prior to the final release of DPW bond money. An interim as-built, certified by the design engineer, verifying that all utilities have been installed in accordance with the plans and profile shall be .submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. To insure compliance with this condition, a bond in an amount to be determined by the Division of Public Works shall be posted prior to the release of any lots within this subdivision. 3 . Any changes on the plans required by the North Andover Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. 4 . There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developers responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board shall require any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. Certification by a Registered Professional Engineer will be required prior to the issuance of a Certificate of Occupancy. S . Throughout the Right of Way, tree cutting shall be kept to a minimum in order to reduce erosion and preserve the natural features of the site. Accordingly, a no cut line shall be placed on the Definitive Plans and approved by the Planning Board. The developer in conjunction with a registered arborist, or other professional as approved by staff, shall submit a tree cutting and reforestation plan consistent with the provisions of Section 5. 8 of the North Andover Zoning Bylaws ( The plan is for areas of substantial cutting and filling ) to be reviewed by the Planning Staff prior to the applicant receiving a permit to build on any lot within the subdivision. This Plan shall explicitly include specific trees to be retained. Also, the developer shall inform the -Town Planner when any tree cutting is to occur in order that the Planner may determine the need to be to be present. G. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 7 . No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8 . No underground fuel storage shall be installed except as may be required by Town Regulations.. 9 . All drainage and sewage facilities shall be approved by .the North Andover Division of Public Works prior to the Planning Board endorsing the record plans. 10. Prior to the release of any lot from the statutory covenant the developer shall submit approved septic system designs to the Planning Board and certify that the proposed grading of said lot is in conformance with the Definitive Plan and drainage calculations, and that said lot does not create adverse flooding on an adjacent property. 11. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 12 . Prior to the Planning Board signing the record plans the applicant shall be required to provide the following information: A. A plan showing the removal and reconstruction of the Cul-De-Sac at the end of Old Cart Way. This plan shall explicitly include areas to be loamed and seeded, depth of loam, type of seed, street trees, edge of pavement and location of driveways which may require extension or reconstruction. The applicant shall include a reasonable time schedule to complete the re-construction of the cut.-de-sac. The cost associated with this work shall be incorporated into the bond for construction of infrastructure for the subdivision. B. A covenant to secure construction of municipal streets and ways. This form is available in the Planning Department and shall be recorded prior to the Planning Board signing the plans. C. Easements granted to the Town of North Andover and recorded with the Northern Essex Registry of Deeds. These easements shall include all drainage and detention features, public access to adjacent properties and Right of Way dedication easements for the proposed roadway. All easements shall have proper metes and bounds in accordance with the Subdivision Rules and Regulations. D. A limit of work' line shall be shown on the plan. This Limit of work shall be for the proposed roadway and individual lot construction. 13 . Prior' to a Building Permit being issued for an individual lot, the following - information shall be required by the Planning Department: A. A stop sign shall be placed in the right of way along the front of lot 16 . as Old Cart Way connects back into itself. Further, temporary signs shall be posted at 350 feet in either direction along Boston Street which read, "Caution, Construction Vehicles in Area. " i B. Lot numbers shall be placed on all lots prior to the commencement of construction. C. The limit of work line as stipulated in condition number 1.2 shall be flagged in the field. 14 . Prior to a Certificate of occupancy being issued for an individual lot, the following information shall be required by the Planning Department: A. All necessary permits and approvals for the lot in question shall be secured from the North Andover Board of Health. B. As-built topographic plans of the individual lots j showing location and final grading for all driveways, structures and septic systems. C. All structures built within this subdivision shall have residential fire sprinklers installed. Certification and approval from the N.A. F. D. shall be required. D. Permanent house numbers will be posted on dwellings prior to occupancy. E. Certification that the roadway, is constructed to at least binder coat to properly access' the lot in question. F. All slopes on the lot requesting occupancy which could lead to erosion, or impact a wetland/detention area, shall be stabilized. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File � a' sn `'7'•i S 'lam ',t FORM J LOT RELEASE 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 Zv Fed Z 19 Q — and recorded in District Deeds, ; Book 3,430 _, Page 3,-4a or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book , Page has been is /partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled " War4n o _Whe4J S7.,re s Section (s) , Sheets Plan dated ajqj reoisep 3 1 zC , 19 q I recorded by the 4:ff Px' 4 0;.577-►'-T Registry of Deeds, Plan Book , or registered in said Land Registry District, Plan Book , Plan.,f /aoa9 , 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) ) I S . b. (To be attested by a Registered Land Surveyor) I hereby certify that lot number (s) 1 __ 1 I5 1� 1 7 / � on l Street(s) do conform to lay(?kit as shown on Definitive Plan entitled �f y d, / Section S eet `STEPFt,,d ��''•� 1 { STARNSKI ;n t4V No.223?6 e Regisi.er uryo lve �•` �Fni.S�%L�f 4 M z :13- 1 of 2 �" E a i The Town of North Andover, a municipal corporation situated in A � 1 P the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or surety dated , 19 , and/or Covenant dated , 19 q _ from of the city/Town of tA0ekh efjAave County, Massachusetts recorded with the ESSC-X District Deeds, Book 2H _-;C) _, PagL or registered in Land Registry District as Document No. and noted on Certificate of Title No. , in 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: I . j EXECUTED as a sealed instrument this ( -day of 5'2ej7`' , 19 Majority of the Planning Board. _ of the Town of North Andover COMMONWEALTH of MASSACHUSETTS ss sue - (a , lg Then personally appeared kicttA� A ..NAebELL8 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. air otary Public -T*uCT G. EA-Mu S My tommission Expires 2 of 2 i. REGISTRY OF DEEDS Norther D' trict ai Essex SS RECEIYFQ p �� rig c Page_ vim/ 26160 VICTOR HATEM Box 10 Y : , • ! wr 1"� t � -r FORM J r LOT RELEASE The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that: i a. The requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated 19 anti/or by the Covenant dated 26 _ , 39 gQ_ and recorded in District Deeds, Book �3y3p Page 3y3 or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book , Page has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled " �1 N I eel E. Aes Section (s) , Sheets /--9 Plan dated zh , Z5 �— recorded by the fss Y ,djorT Ti.r r Registry of Deeds, Plan Book , or registered in said Land Registry District, Plan Book , Plan`# � a , 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) ) b. (To be attested by a Registered Land Surveyor) I hereby certify that lot number (s) - 3 c7 1 on m OLO A Street (s) do ' conform to 1 yout as shown on Peinitive Plan entitled �sJAI-es section et{s " 4 I CJ Regis tr s' I of 2 h. 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 , and/or Covenant dated Q,�` 7 _ 19 ,2 from of the City/Town of •_t-1cyt'�n tFdGt/ . County, Massachusetts recorded, with the District Deeds, Book , Page or registered in Land Registry District as Document No. and noted on Certificate of Title No, , in 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: EXECUTED as a sealed instrument this o?,3 kJa day of -z�L)6yS % , 19 77-, Majority of the Planning Board, of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS ss AUGUST G , 19 Then personally appeared --T05EP14 V. MAHON�� , 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 Qf said Planning Board, before me. (14ALJ7 atary Public rawer L. EATLVb , f 99 - My tontmission Expires 2 of 2 .. r r.• rEGIST[3'!1 F 1)EEDS Norther t of Essex SS [at CEIVE) C 24 t 9 g y S-O•CLOCK P,1 ALSO RECORDED ICY Bo(-,i _ Page 3 24932 VICTOR HATEM Box 10 , U I I /.or I ZU I 'J'j UUU-)f FORD Z r LOT RELEASE ` The undersigned, being a majority of the Planning Hoard of the Town of North Alidover, Maa�aachusettz, hereby certify that. a.- The requirements for the construction of ways and municipal services called for the Performance Band or surety and dated 19 and/or by the Covenant dated g and recorded in District Deeds, Hook 3�#3C� _, Page 4_ or registered in Land Registry District as Document No. and acted on certificate of Title No. in RegistratiOn Brook _- _—� Page F has been mad/parti ally completed, to the - sati.sgaction of the Planning Board to adequately serve the enumerated lots shown on PZen entitled 1:0 ' e3 Section (a) , Sheets i_,,,'", Plan dated , 19 ci 1 recorded by the Esseje Registry of Deeds, Plan Book _ ___._, or � registered in said Land Registry District, Plan Hoak r Plan A J&,caq , and Said lots are hereby released from the restriction as to sale and building specified thereon. Lots designated on said Plan as fallowsi {Lot Number (s) and street(s) ) b. (To be attested by a Registered Land Surveyor) I hereby certify that lot number (s) 3 Lf 6'60 Z jq tQ J t i .70. j on Street s) do conform to 1 yout as shown an Definitive Plan entitled J'WA section Sh atls) I 9��r T Z • ±X C QJ t N '•"yya HA' rzm & MATEY 1 of 2 127 TUANME ST. NCB. ANDOWS, MA 01M The Town of North Andover, a municipal corporation situated in ' 't\* the County of Essex, COmt'aonweal.th of Massachusetts, acting by its duly organized Planning Board, holder of a Performance ' Bond or Surety dated r 19 ► and/or Covenant dated 19 from of the City/Town of County, Xassachusettz recorded with the District Deeds, EooX r Page or registered in Land Registry District ae Document No. � ' . and noted on Certificate Of Title too. _, in Registration Book, Page .�.� dc3cnbWledces satisfaction of the terns thereof and hereby releases a.ts right, title and interest in the Jots designated on said plan l as follows i i EXECUTED as a sealed instrument this 1��day of G Majority of the Planning Board, of the Town of ..,.� North Andover CnMMOMALT11 of HASSA=USETTS w� 19,2 Then personally appeared x.4ard 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 Hoard, before me. Notary Pub .c My�CO=�3SSi Expirss 2 of 7. f rEG['STr,y 4F I EMS norther ex SS RECEIVED at..__Lo'CLOCK � t; ALSO RECORDED Page_-- A1IESr 24932 VICTOR HATEM 60X 10 7 f to ".2 n• The Town of North Andover, a municipal corporation situated in r the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or surety dated , 19 , and/or Covenant dated 742 19 gam, from of the City/Town of tAa%(A n t�1r,dCsl� . County, Massachusetts recorded with the District Deeds, Book , Page or registered in Land Registry District as Document No. and noted on Certificate of Title No. in 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: EXECUTED as a sealed instrument this c?,2AdJ day of t)CV C % 19 77 Majority of the Planning Board, of the Town of North Andover COMMOMALTH Or MASSACHUSETTS ss 406057- , 19 Then personally appeared 7505EP4 V. j AHONG-7i , 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. 04ALk atary Public S'AA)Efi c. eATD6 IEWLI My tommission Expires 2 of 2 i D E E D WILLOW STREET REALTY, INC. , a Massachusetts corporation organized under the laws of the Commonwealth of Massachusetts, having an usual place of business in Haverhill, Essex County, Massachusetts, for consideration paid, and in full consideration of LESS THAN ONE HUNDRED ( $100. 00 ) DOLLARS, grants to THE INHABITANTS OF THE TOWN OF NORTH ANDOVER, of 120 Main Street, North Andover, Essex County, Massachusetts, with QUITCLAIM COVENANTS, The fee in the roadway known as Old Cart Way, situated in North Andover, Essex County, Massachusetts, being shown on a plan of land entitled, "Subdivision Plan Wagon Wheel Estates in North Andover, Mass . , drawn for Arthur Gauthier, 1 Jenkins Road, Andover, Mass. , Scale 1"=401 , Feb. , 1987 , Rev. Dec. , 1987 , Rev. 3-26-911 Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts, 0181011 , which plan is filed with the Essex North Registry of Deeds as Plan No. 12029 . Parcel is a 50 ' wide right of way known as Old Cart Way, Station 0+00 (at the end of the present Old Cart Way) to Station 25+83 .47 and shown on an As-Built Subdivision Plan and Profile in North Andover, Mass. , for Scott Construction, prepared by Merrimack Engineering Services, Inc. , dated December 1, 1995 . For the Grantor's title to the fee in the roadway, see deed dated October 12 , 1994 , and recorded in the Essex North Registry of Deeds, Book 4143, Page 71. See Certificate of Vote, dated October 23 , 1995, and recorded in said Registry in Book 4364, Page 189. IN WITNESS WHEREOF, the said WILLOW STREET REALTY, .INC. , has caused these presents to be signed in its name and behalf by , its ,this day of , 1997 . WILLOW STREET REALTY, INC. By 1 I COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. r 1997 . Then personally appeared the above named and acknowledged the foregoing instrument to be the free act and deed of WILLOW STREET REALTY, INC. , before me, Notary Public My Commission Expires: G445144 ..� g. EML , w B K 20 5 7 s r z We, Domenic A. Teoli, Rita 6, Teoli, Paul E. Maus and Maryanne it. Maus, all t is a i County,hiassachuEsette, ' of Lawrence. Essex 4� in consideration of one dollar ($1.00) being nominal consideration AA \�y x •, ,, grant to Edwin Roy Brown, a/k/a Edwin R. Brown, of Great Pond Road, North } h�9r Andover. Kassachusetts, k '1 Fh 1 with quttriatut rourngn3s E t + u _. :. The following easements irrd rights to use the premises shoe on a certain sutidivisioR plan of Teoma Estates" on the A}n northerly side of Boston Street, North Andover, Essex Count �Fyy Commonwealth of Massachusetts: L tuA . ..._ ._ .. . r asd 1, An easement in common with others who may be { b o entitled thereto, ko use the street shown as "Old Cart Path" on plan of Teoma Estates, duly filed with the North District of Essex Registry of Deed ' u as Plan #9932, said easement to be for all 9,Ii ` j d o purposes for which streets and ways are now or as Z, V. they may hereafter be used in the Torre of North Andover, ! } 2. An easement in common with others who may be ;1 entitled thereto, to use the strip of land marked } " 1150' R.O.W." on said Plan #9932, for all purposes for which attests or ways are now or may herea£te ! _ be developed and used in the Town of North ;- Andover. 3, The right to. lay or connect to any and all water - „^ mains, sewer lines, storm drains, electric power lines, telephonelines or-other- lines used-€or--th - i transmission of power or intelligence in, .over, t under or adjacent- to the street shorn as Old Cart Path on said Plan9932. ?' The right to enter and make use of the areas b, marked 1,20, Wide Slope Basements" shown oD Lot 5 and Lot 6 on said Plan 19932, 5. The right to enter and make use of the areas show on various lots of said Plan 19932 as "Proposed — Drainage Easement".. The aforesaid grants of easements and rights shall be appurtenant to and fp.r the be of the premises owned by the grantee lying 'east of the subdivision known as Teoma Estates as shown on said Plan #9932, the benefitted premise _ . r; being more fully described in the deed of Stella Brown to the said Edwin Roy Brown duly recorded in said Deeds is Boo " - 1148, Page 198. - t ���,- � ,. � �--._.....�-a.... _� ..ti�.,,w.��,,.c-r..+n.��. ..�-.- .•--rn..�--r.v..:n-w ,r�..x.e..++.^..�,s..+-.w.�.. -_���.w-..:i _ - -_ 3 14 I. r,J A � qy�}5;,� i� 9I'9�{l 4,r `i `�.SO Rxecuted se a sealed inetrun►eni thla ath day o!'.October 1985 J L qlt#k; ©�nyggJn c A. Teo i ` aY/�+ �{r�.1.+ oo Maus � �asl Mazya a Haug. rw, Slt Essex ea, October Ai d, iag5, ' `� Then personally appeared the above named Domenic A. Teol i, Rita E. Teel i, Paul E. ��P' „. y Mains and Maryanne R. Maus and acknowledged the foregoing instrument to be - ei r-free eta -d -5 � if j Bip—me,' ,� poetic--:k Rr;i%'aaf3rh41x Peter J. Ca r its My commission Aires January'1�i> 90 1 8 at 2A0i #235�7 9:5 Record©d Oct.9, 9 5 f ± - �rT�``t ------------- N. , r s'� t 1, r Sal# Z:�Y-a 7-]�(f f �� .. ♦ ` � - V- A r L FY¢4 rrtjt yS .y —M ,?e lr �'w.y FFjj 7p