HomeMy WebLinkAbout1989-11-16 Legal Document DEF SUB c ,s
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COVENANT
AN UARY 18 1
KNOW ALL MEN by these presents that the undersigned has
submitted an application dated 4- - 89 , to the NORTH ND VER
Planning Board for approval of a MEtxve Plan of a subdivision
of land entitled: SUBDIVISION PLAN tAND B STON BROOK ESTATES,-FOR MIANO
plan by: R, . G I SS R, INC e REALTY TRUST
dated by: APR IL 1989 # owned by: GEORGE H. FARR, WAI DA B. FARR
address : 95 MAIN ST, , NORTH ANDOVER, MA MIANO REALTY TRUST
and located: PAETRIDQEDRIVE$ NORTH ANDVER
and showing proposed lots . The undersigned has requested
the Planning Board to approve such plan without requiring a
performance bond.
N CONSIDERATION of said Planning Board of NORTH AND V ER
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,
Cq pq 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 's more than one owner , all must sign
> "Applicant" may be an owner or his agent o
} repreentat i ve , or his assigns ? but- the owner of
record must sign the covenant .
60
on 2. That the undersigned will not sell or convey any - lot in
the subdivision o erect or place any permanent building
04 on an dot until the construction of ways and
Installation of municipal services necessary to
adequately serve such lot has been completed eted in
accordance with the covenants , conditions, agreements ,
tens and provisions as specified in the following :
i The Application for Approval of Definitive Plan
(Formc .
b o The Subdivision control. Law and the Planning Board' s
Rules and Regulations governing this subdivision.
ce The Certificate of Approval and the conditions of
approval spec s f i ed there .n, i s ued by the Planning
Board, dated 1 - - 9
Page 1 of
d . The Definitive Plan as approved and as ualif.ied
q b
Certificate of Approval ,
. other document s specifying construction to be
completed, namely;
ALL AS REFERENCED N THE PLANNING BOARD DECISION
ABOVE-CITED.
o revert 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 l of a subject only to that portion of this
covenant which provides that no lot be sold or conveyed
oL shall be built upon until ways and services have been
r i d ed to serve such lot ,
3. That this covenant shall be binding upon the executors ,
ad i tratorst 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,
. 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
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 NORTH ES EX County Registry of Deeds, forthwith,
or to pair 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.
Be 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 _ _
. Upon final completion of the construction of ways and
installation of municipal services as specified herein,
on or before JANUARY 18 1 � � thePlanning Board
shall release this covenant by ' an appropriate
instrument , duly sc cno wedged . Failure to complete
construction.on and installation within the time specified
herein or such later date as may be specified by vote o
the Planning Board with a written concurrence of the
applicant, shall result in automatic rescission of the
approval of the Ian. 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 recordedt
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. . , chapter 41 ,
Section 8 - U, as long as such security is sufficient in
the' op .ni on of the Planning Board to secure performance
of the construction and installation.
GEORGE R. FARR & W N A H, FARR, AND
For title to the property, see deed from ► FAN F. SMITH, ET A
dated 01-19-90 # recorded in
NORTH FSSFX Registry of Deeds, . eHE�k HFRFWI TH ,
f- -1-e�-1 , k*-Reg - � i>n�--Book , -
t
The present bolder of a mortgage upon the property is N.A.
of
iM1 Yi9�ry, ���^'� ^'� wrr-N�wwrw +lYi�i iw 5 iii
The mortgage is dated and recorded
F n Registry of Deeds, Book
Page , or registered in Land
Registry as Document No. , and noted on certificate
of title No. t 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 sane stags, force and effect as
though executed and . recorded before the taking of the
mortgage and further agrees that the mortgage shall b
subordinate to the above covenant .
N.A. , spouse of the
undersigned appliI cant 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,
Fags 3 of
i
N WITNESS WHEREORF we have hereunto set our hands and seals
this 1 t . of JANUARY , 1990
GEORGE H, FARR
MIANO REALTY
Acceptance by a Majority
of the Planning Board c
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