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HomeMy WebLinkAbout1979-12-19 Legal Documents DEF SUB ' I I fElfll � _ I The undersigned, being a majority of the Planning Board of the Town of North Andover, hereby certify that : The requirements for the construction of ways and municipal services called for by the Covenant dated October 22 , 1979, executed December 19, 1979 and recorded in the North Essex Registry of Deeds, Book /-4/6 , Page 40 has been I remised, released and cancelled in consideration of the Subdivision Control Agreement Securing the Construction of Ways and Municipal Services for the "Willow Industrial Park" w _ cjcd ed V,90 subdivision Aand said lots in said subdivision are hereby released from the restrictions specified in the covenant stated above. The Town of North Andover, a municipal corporation f situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Covenant dated October 22, 1979, executed December 19, 1979 and recorded with the North Essex Registry of Deeds, Book/�4/6, Page 40, acknowledges satisfaction with the Subdivision Control Agreement Securing the Construction of Ways and edivisionAand Municipal Services for the "Willow Industrial Park" sub- LTON.DALTOH&BRYUEN � o(o fed 4/9f60 AT70RHEYS AT LAW hereby releases its right, title, and interest 125 MAIN STREET MDOVER.MASS.01810 NPOVER f6171470-020 to said lots under said subdivision under said covenant. II - 1 E i Executed as a sealed instrument this _...., day of , 19 Majority of the Z�2 (LUl Planning Board of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS SSA ss : "�' tl � Z5 19 Then personally appeared one of the above named members of the Planning B and of the Town of North Andover, Massachusetts, and acknowledged the fore- going instrument to be the free act and deed of said Planning Board, before me, Notary Public My commission expires : DALTON.DALTON&BRYDEN ATTORNEYS AT LAW $25 MAIN STREET ANDOVER,MASS.01810 ANDOVEN 1517i 470-1320 rat SUBDIVISION CONTROL AGREEMENT SECURING THE CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES AGREEMENT made this 9th day of April 198o, by and between Robert P. Regan, Leo Hamel. and Vincent Grasso � hereinafter referred to as the "Applicant" ; Andover Savings Bank No)4% hereinafter referred to as the "Lender"; and the Town of^Andover,0 acting through its Planning Board , hereinafter referred to as the "Board", viz ; WHEREAS, pursuant to the provisions of the Massachusetts Subdivision Control Law and the Board ' s Rules and Regulations adopted thereunder, the Board has approved a definitive plan entitled Willow Industrial Park, located in North Andover, Mass . , dated November 5 , 1979; Frank C . Gelinas & Associates , surveyor and recorded at the North Essex Registry of Deeds as plan number 8305 . The Applicant and the Board have agreed upon conditions of approval , which conditions have been inscribed on said Plan No. 8305 recorded in said Registry of Deeds , which conditions are as follows : 1 . That the record owners of the subject land forthwith > execute and record a covenant running with the land or otherwise provide security for the construction of ways and the installation of municipal services within said subdivision. 2. All improvements and design standards shall meet the requirements of the rules and regulations governing the subdivision of land in the Town of North Andover in effect on the signing of these plans . WHEREAS, the Applicant has granted to the Lender a Mortgage dated , recorded in said Deeds in Book Page covering Lots a.EC n , "D'k3 "F113 "G" ) Id "H11 , Flagship Drive , • , t . Willow Industrial Park North Andover, Essex County , Massachusetts , as shown on said plan as security for the payment of a certain note in the principal sum of $ 190 ,000 . 00 WHEREAS , the Lender has withheld $ 96 ,000 . 00 of said principal sum to be disbursed to the Applicant as and when municipal services shall have been installed and ways constructed pursuant to said plan , said Rules and Regulations , and Restriction Agreement . NOW, THEREFORE , it is understood and agreed that the Lender shall retain the sum of $ 96 ,000 . 00 deemed by the Board to be sufficient , releasing only such funds from time to time as approved by a vote of the Board as the municipal services and ways shall be deemed to have been completed or partially completed in accordance with its applicable rules and regulations : Services and Ways Amounts From station 5 + 44to 17 + 80 and $77 ,500 . 00 Road Construction according to Highway Department Regulations Water and Sewer Complete $18,500 . 00 $96 ,000 . 00 Total It is also understood that funds for the above services and ways are to be advanced by the Andover Savings only through written authorization of the North Andover Planning Board . It is further understood and agreed that all of the above services and ways shall be completed no later than December 17 , 1982 unless the date be extended by written amendment by mutual agreement of the parties thereto. Y In the event the work is not completed within the time set forth or as extended, said funds as retained by the Lender shall be made available to the Board for completion of the work, and the Applicant shall be deemed to have authorized the release of said funds for said purpose, and to have relinquished all claim to said funds . The obligation of the parties hereunder are to be construed consistent with the subdivision control law, and no rights granted thereunder are waived. Executed as a sealed agreement on the date first above written. Town of North Andover Planning Board By ; Chairman acting for the Town of North Andover. 6 COMMONWEALTH OF MASSACHUSETTS Essex, ss . �9prll 1956) Then personally appeared kudhaw and acknowledged the foregoing instrument to be the free act and deed of the North Andover Planning Board, before me. Notary Public f�Z My commission expires . / 1 1 ANDOVER SAVINGS BANK By : 04 A" Ap scan be an Leo H el Vincent ui7sso COMMONWEALTH OF MASSACHUSETTS Essex, ss . 1990 Then personally appeared '`IleevX, xl ,pe 1 r and acknowledged the foregoing instrument t be the �ree act and deed of Andover Savings Bank, before me . J Notary Public My commission expires COMMONWEALTH OF MASSACHUSETTS Essex, ss . April 9 1980 Then personally appeared Robert P . Regan, Leo Hamel , and Vincent Grasso, and acknowledged the for going instrument to be their free act and deed, before me , 11 Notary Public — My commission expires : Inuary 22, 1983 l f 1 Y SUBDIVISION CONTROL AGREEMENT SECURING THE CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES AGREEMENT made this _._l�t� day of May, 1.981 by and between Capricorn Corporation, a duly organized Massachusetts corporation, hereinafter referred to as the "Applicant'; Andover Savings Bank hereinafter referred to as the "I..ender" ; and the 'Town of North Andover, acting through its Planning Board, hereinafter referred W as the "Board", viz: WHEREAS, pursuant to the provisions of the Massachusetts Subdivision Cant €ol Law and the Board' s Rules and Regulations adopted thereunder, the Board has approved a definitive plan entitled Willow Tndustrial Park Extension, located in North Andover, Mass. , dated .Tune 13, 1980; Frank C. Celinas S Associates , surveynr , P"d roc ordpd at the North Essex Registry of Reeds as plan number , said plan being simultan- eously recorded herewith. The !'applicant and the Board have agreed upon conditions of approval , which conditions have been inscribed on said Plan Number recorded in said Registry of Deeds, which conditions are as follows: 1 . That the record owners of the subject land forthwith execute and record a covenant running with the land or otherwise provide security for the construction of ways and the installation of municipal services within said subdivision. 2. All improvements and design standards shall meet the requirements of the rules and regulations governing the subdivision of land in the Town of North Andover in effect of the signing of these plans. WHEREAS, the Applicant has granted to the Lender a Mortgage dated December 10, 1930, recorded in said Deeds in Book 1479, Page 270, covering Lots Q, R, S, W, Flagship Drive , Willow Industrial Park Extension , North Andover, Essex County, Massachusetts, as shown un said plan as security for the payment of a certain note in the principal y � r -unt of One Hundred Eighty-Nine Thousand Five Hundred and zero one hundredths ($189,500.00) Dollars. WHEREAS, the Lender has withheld Fifty-three Thousand Nine Hundred and zero one hundredths ($53,900.00) Dollars of said principal sum to be disbursed to the Applicant as and when.municipal services shall have been installed and ways constructed pursuant to said plan, said Rules and Regulations, and Restriction Agreement. NOW, THEREFORE, it is understood and agreed that the Lender shall retain tl►c, sum of Fifty--three Thousand Nine Hundred and zero one hundredths ($53,900.00) Dollars deemed by the Board to be sufficient, releasing only such funds from time to time as approved by a vote of the Board as the municiap services and ways shall be deemed to have been completed or partially completed in accordance with its applicable rules and regulations. Services and [days Amounts From Station 1.1 + 40 to 16 + 00 and Road Construction according to Highway Department Regulations $35,500.00 Water and Sewer Complete $18 400.00 Total. $53,900.00 It is also understood that funds for the above services and ways are to be advanced by the Andover Savings Bank only through written authorization of the Not-tilt Andover Planning Board. It is further understood and agreed that all of the above services and ways shall be completed no later than December 17, 1983 unless the date be extended by written amendment by mutual agreement of the parties thereto. In the event the. work is not completed within the time set forth or as extended , said funds as retained by the Tender shall be made available to the Board of com- r r pletion of the work, and the Applicant shall be deemed to have authorized the rc•lf,,is(� of said funds for said purpose, and to have relinquished all claim to said funds. The obligation of the parties hereunder are to be construed consistent with the subdivision control law, 'and no rights granted thereunder are waived. Executed as a sealed agreement on the date first above written. Town of North .Andover Planning Board By: hairman - acting for the Town of North Andover. COMMONWEALTH OF MASSACHUSETTS Essex, ss: .1y'n 1 1981 Then personally appeared „ - AM�and acknowledged the fore- going instrument to be the free act and deed of the forth Andover Planning Board, before me, Notary Public : My commission expires: 11`,3ki, J . ANDOVER SAVINGS BANK By: Chestier T. Jenkins, Vice President Ap ican Capric n rporation ob Rega , s ent_ n`Gr so rea rer COMMONWEALTH OF MASSACHUSETTS ESSEX, SS: May 1 1981 Then personally appeared Chester T. Jenkins, Vice President and acknowledged the foregoing instrument to be the tree act and deed of the Andover Savings bank, before me, r ? c/ J Notes y' Public My commission expires - November 26, 1987 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS : 1981 Then personally appread Robert P. Regan, President and John Grasso, Treasover and acknowledged the foregoing instrument to be the free act and deed of Capricor[t Corporation, before me, ^/- Notary Public My commission expires CONDITIONS AND RESTRICTIONS AFFECTING PROPERTY OF ROBERT P . REGAN, LEO HAMEL AND VINCENT GRASSO THIS DECLARATION made this 14 day of November, 1980 by ROBERT P. REGAN, LEO HAMEL and VINCENT GRASSO, hereinafter referred to as Declarants. WHEREAS, Declarants are the owners of real property described in Clause I of this Declaration and are desirous of subjecting the .real property described in Clause I to the conditions and restrictions hereinafter set forth, each and all of which is and are for the benefit of said property and .for each owner thereof, and shall inure to the benefit of and pass with said property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW THEREFORE, the Declarants hereby declare that the real property described in and referred to in Clause I hereof, and shall be held, transferred, sold and conveyed subject to the conditions and restrictions hereinafter set forth. Building site shall mean any lot; or portion thereof, or any two or more continuous lots, or a parcel of land of record and upon which a building may be erected in conformance with the requirements of these convenants. CLAUSE I Property subject to this Declaration. The real property which is and shall be held and shall be conveyed, transferred and sold subject to the hereinafter described conditions and restrictions is located in North Andover, Esser County, Massachusetts and is more particularly described as follows : A .certain parcel of land shown on a Plan of Land entitled "Estate of Harriet Fisher, North Andover, Massa- chusetts, October 1922" recorded in the North Essex Registry of Deeds as Plan No. 485, said parcel being plotted on said plan as "4 . 2 acres" , "mowing 10 . 31 acres" , "pasture 19 . 92 acres" , Rail Swamp 4 . 77 acres and "Allen Meadows 12 .33 acres" , and is bounded : Beginning at a point in the intersection of the Southerly line of Willow Street with the Westerly line of Salem Turnpike, and running Southeasterly 810 feet by the Westerly :line of Salem Turnpike, Thence : Southerly - 500 feet by the westerly line of Chestnut Street; thence Westerly - 1, 550 feet; then Southerly - 420 feet by land formerly of Atkins; thence Westerly - 340 feet; thence Southerly 140 feet and thence westerly 310 feet by the James Frye Meadow; thence by Northerly courses 1 , 430 feet by George Rea 's Kimball Pasture; thence Easterly 550 feet; thence, Northerly 56 feet and thence Easterly 630 feet by a lane and land of George Rea, and again Easterly 550 feet by the Southerly line of Willow Street to the point of beginning. Excepting that parcel of approximately eight (8) acres which was previously conveyed and shown on Plan No. 6876 recorded in the North Essex Registry of Deeds at Book 1223, Page 518 . And further accepting any and all parcels of .land which have been previously conveyed by the Declarants. Being the same premises conveyed to the Declarants by deed of Mark 0. Henry dated the 27th day of July, 1979 and recorded at the North Essex Registry of Deeds at Hook 1383, Page 109 . CLAUSE II General Purposes of Conditions The real property described in Clause I hereof is subject to the convenants, restrictions, conditions, reservations, hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof ; to protect the owners of building sates against such improper use of surrounding building sites as will. depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereof of poorly designed or proportioned structures, and structures built of improper or unsuitable materials to obtain harmonious color schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive buildings thereon, with appropriate Locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from streets, and adequate free spaces between structures; and in general to provide adequately for a high type and duality of improvement in said property, and thereby to enhance the values of investments made by purchasers of building sites therein . No construction'�shall occur on any building site unless completed exterior./plans for any building to be constructed (} including, plans for parking and landscaping are first approved by the Declarants or their successors in title . Said approval shall be in writing in a form recordable at (°.l'� the North Essex Registry of Deeds but need only be signed by any one of the Declarants or their successors in title. Any such release so granted shall be considered a release ..) �. )Y of any and all conditions and restrictions herein contained - CLAUSE I CLAUSE III Term and Enforcement of Conditions and Restrictions These conditions and restrictions are to run with the land and shall be_..binding on all parties and persons for a period oft'ten year5� from the date these conditions and restrictions '-are "recorded . Enforcement of said conditions and restrictions may be made by proceedings brought in any court of proper jurisdiction within- two years of the alleged violation thereof, against any person violating or threatening to violate any of said conditions and restrictions, either to restrain such violation or recover damages or both. Nothing herein shall be deemed to prevent the resubdivision of land, so long as the new lots to be created thereby shall be deemed effected and controlled by all terms of this instrument. e IN WITNESS WHEREOF, the Declarants hereby subscribe their names to the within doc en on the to first above written. R P. REGA I HAMf V10PNT GRASSO 3 r CONDITIONS AND RESTRICTIONS AFFECTING PROPERTY Or ROBERT P. REGAN, LEO I-IAMEL AND VINCENT GRASSO THIS DECLARATION made this _ day of December, 1980 by ROBERT P. REGAN, LEO HAMEL and VINCENT GRASSO, hereinafter referred to as Declarants, which term shall include their execu- tors, administrators or assigns of record. WHEREAS, Declarants are. the owners of real property described in Clause I of this Declaration and are desirous of sub- jecting the real property. described in Clause. I to the conditions and restrictions hereinafter set forth, each and all of which is and are for the benefit of said property and For each owner thereof, and shall inure to the benefit of and pass with said property, and each and every parcel thereof , and shall apply to and bind the successors in interest, and any owner thereof ; NOW THEREFORE, the Declarants hereby declare that the real property described in and referred to in Clause I hereof , shall be held, transferred, sold and conveyed subject to the conditions and restrictions hereinafter set forth . Building site shall mean any lot, or portion thereof, or any two or more continuous lots, or a parcel of land of record and upon which a building may be erected in conformance with the requirements of these covenants. CLAUSE I The real property which is and shall be held and shall be conveyed, transferred and sold subject to the hereinafter described conditions and restrictions is located in North .Andover, Essex County, Massachusetts and is more particularly described as follows : A certain parcel of land shown on a Plan of Land Entitled "Estate of Harriet Fisher , North Andover, Massachusetts, October 1922 " recorded in the North Esser: Registry of Deeds as Plan No. 485, said parcel being plotted on said plan as "4 . 2 acres" , "mowing 10 . 31 acres" , "pasture 19 .92 acres" , Rail Swamp 4 . 77 acres and "Allen Meadows 12 . 33 acres" , and is bounded : Beui,nning at a point in the intersection of the Southerly line of Willow Street with the Westerly line of Salem Turnpike, and running Southeasterly 810 feat by the Westerly line of Salem Turnpike, Thence : �r- IAF` k/l �4 `41 F' i i f i Southerly 500 feet by the westerly line of Chestnut Street; theripe westerly' - 1, 550 feet; then Southerly - 420 feet by land formerly of Atkins; thence Westerly 340 feet; thence Southerly 140 feet and thence westerly 310 feet by the James Frye Meadow; thence by Northerly courses 1, 430 feet by George Rea 's Kimball Pasture; thence Easterly 550 feet ; thence Northerly 56 feet and thence Easterly 630 feet by a lane and land of George Rea, and again Easterly 550 feet by the Southerly line of Willow Street to the point of beginning. Excepting that parcel of approximately eight (8) acres which was previously conveyed and shown on Plan No. 6876 recorded in the North Essex Registry of Deeds at Book 1222, Page 518 . And further excepting any and all parcels of land which have been previously conveyed by the Declarants. Being the same premises conveyed to the Declarants by deed of Mark 4. Henry dated the 27th day of July, 1979 and recorded at the North Essex Registry of Deeds at Book 1383, Page 109. CLAUSE 11 General Purposes of Conditions The real property described in Clause hereof is subject to the covenants, restrictions, conditions, reservations, hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof; to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve, so far as practicable, the natural, beauty of said property; to guard against the erection thereof. of poorly designed or proportioned structures, and -structures built of improper or unsuitable materials to obtain harmonious color schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive buildings thereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to Secure and maintain proper setbacks from streets, and adequate free spaces betWeen structures: and in general to provide adequately for , a high type and quality of improvement in said property, 'and thereby to enhance the values of investments made by purchasers of building sites therein. No construction shall occur on any building site unless exterior architectural plans for any building to be constructed in- cluding plans for parking and landscaping are first approved by the Declarants . These conditions and restrictions are to run with the land and shall be binding on all parties and persons for a period of ten years from the date of the recording of this document, after which time they may be extended for an additional -ten years by the Declarants recording said extension at the Registry of Daed,; prior to the expiration of the ten year period. Enforcement of said conditions and restrictions may be made by proceedings brought in any court of proper jurisdiction with two years of the alleged violation thereof , against any person violating or threatening to violate any of said conditions and restrictions, either to restrain such violation or recover damages or both. If the Declarants are satisfied that these restriction; j and conditions have been or will be complied with, th,-�n tl:.ey shall grant a release to any party or parties in a form recordable within the Registry of Deeds. Said release, which need only be signed by one of the Declarants, shall forever discharge the parties therein named or their successors in title from any liability whatsoever which may arise from these conditions and restrictions. IN WITNESS WHEREOF, the Declarants hereby subscribe their names to the within document on the da• e first above written . tRQSV T;T . BEGAN-- -LfEa x- EL VI CENT GG ASSO y COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX December 31' 1980 Then personally appeared the above-named individuals and acknowledged that the contents of the foregoing document are true and accurate to the best of their knowledge and memory, Notary Fublicz My Cozrm'tissio i Expires :-., 0 V: R'1- 1",EASE North Andover, February , 1981 The' undersigned, being a majority of the Planning Board of North Andover , Massachusetts hereby certify that the requirements for work on the ground called for by the Covenant dated December 1.9, 1-979 and 1-c2 o1_ded with North Essex Deeds in Book 1416 , Page 40 }lave cOffli)Jeted to the ,atisfzlct.i.on of the Planning Board •a.s l o Lot D' S11O On on Plan entitled "Definitive Plan of Land of tidil ? ;w Ttlditsl_ri al Park roc}cated ill No. Andover, t7;�;;s " i.��_veyor : _:ink C. reli-nas & AssoeiatE,s , Inc. dal-rid Nov'. 5 , 1979, recorded wiLh said Deeds as Plan No . 8305 and said Lot D' is hereby released .Croat the restrictions as to sale and building thereon. Majority of the Planning Board of the Town -of NoLih Andover COMMONWEALTH OF M SSAC HUSETTS Essex, SS. �• a"t 1981 VIP-1-1 personally appeared �r''' one of the above r -;�ted rnr r�7be�-s of the Planning Board of the Town of North Andover, r.t,t:i5ac,lit� setts and acknowledged the foregoing instruanent to be j he fl:c:e act and dried of said Planning Board, before me , Notary Public — my Commission Expires : 1 I la (�, l 9- - 1 r U FORM I Know all men by these presents that whereas the undersigned has submitted an application datea_&L , 19] ', to the North Andover Planning Board for approval of a definitive plan of a certain subdivision entitled ___kA�-Lj,::.(, and dated _ /� ?��, � 975; and has requested the Board to approve such plan without requiring a performance bond , NOW T i_',Rt�"!+QRF, THIS AGftEE,14NIT ITNESSE $H that in consideration of the North Andover Planning Board approving said plan without requiring a. performance bored , and in consideration of one dollar in hand paid , receipt whereof is hereby acknowledged , the undersigned covenants and agrees with the Toim of North Andover as follows : 1 . The undersigned will not sell any lot in the subdivision or erect or place any permanent building on any such lot until the construction of ways and municipal services necessary to serve adeq�jately such lot has been completed in the manner specified In the aforesaid application, and in accordance with the covenants , conditions, agreements, terms and provisions thereof. 2 . This agreement shall be binding upon the executors , admini- strators , devisees, heirs, successors and assigns of the undersigned . It is the intention of the undersigned and it is hereby under- stood and agreed that this contract shall constitute a covenant running with the land included in the afore.—,aJ.d �.Yib- division and shall operate as restrictions upon said land . it is understood and agreed that lots within the subdivi.siorr , al.l , respectively, be released from the foregoing conditions -opo:ri the recording of a certificate of performance executed by a -rajority of r3aid Planning Board and enumerating the specific lots to be so rele_sed , all as prov_,ded. by Section 81-u, G.L. c. 41 3 . The untie rsi ;red represents ;end cov rants that undersigned is t se in fee simple of all the lard included in the aforesaid subdivision and that there are no mortgages of record or ot, r- wise on any of said land , except such as are described below and subordinated to this contract, and the present holders of said mortgages have assented to this contract prior to its execs).tion by the undersigned . *1f there is :pore than one o;aner, all must sign . r , ( Pae ?_ of 2) FORM X IN 19ITNESS WHE'REOP the undei-signed , applicant as aforesaid , does hereunto set his hand and seal this /J_..^day of CZC. , 19z . Received b lerk : Applicant-' s signature Applicant ' s address Date lTs DEC. 1.9 1 72 --- u3; Time . ' , <v :, Owner' s signature and address T the­applicant- `7 L&AJP/KL 'S7 Signatu ��: �' — NU _ j•r���u /.+ l`-fr�� Y� Z - _ -----------_ _ 4 Description of ��,c T� C � �_�w �--I �`• �/Y n u t�i4�,_____=S%1�.'/N G_s' 131�N r� P/ � _ Give complete names and Registry of Deeds reference . l As/ents ort g a( ees L'Gcwcd �G'`J� ded �Gr j'c4J, COMMON4EALTH OF JMASSA0ffUSETTSjj Thee � er_,onally b ,eared the ab V name 14LLJ /L = V and ackno-wledged the foregoing instrument to be free act and deed , before me . rZ­ Notary Pu 11r..; ------ vy commission exp1ves :-/--")1­3J