HomeMy WebLinkAbout1992-08-04 Legal Documents DEF SUB f
f f}
i
(KAN)A-C
1.
PROTECTIVE COVENANT
14HITE BIRCH CONSTRUCTION COMPANY, I NC. , a corporation duly formed
in the State of Delaware with a usual place of business at 380 Essex Street,
Lawrence, Essex County, Comonweal.. h of Massachusetts, being the owner o
certain parcel of land located in North Andover, Essex county, Massachusetts
shown on a Plan of Land entitled "WHITE BIRCH ESTATES" drawn by Environeers,
Inc., for J,J. Associates, Inc. on April 30, 1992 and revised on September 22,
1992, and more speeffically on Sheets 3 and 7 which plan is recorded with
the North Essex District Registry of Deeds as Plan No. � �a , do hereby
Impose on said land the following restrictions for the benefit of said land
now mined by it, in order to promote the development of a fine, attractive
and desirable residential neighborhood, which restrictions are intended to
run with the land,
1 The premises shall be used for residential purposes only,
2) No building shall be erected, placed or permitted to remain
on any lot other than one single-family dwelling and the usual buildings
and structures appurtenant thereto,
3 It is contemplated that the design and style of each house
to be erected on the lots will be carefully selected and that the style
and' architecture shall be uniform in design and conform to the style
depicted on sleet 7 of the aforesaid mentioned plan.
rM
4) o commercial., nOXious or offensive activity shall be carried �
on any lot nor shall anything g be done thereon which is not a violation o
law or ordinance or which is or may become a nuisance to the neighborhood. .,
4.4
5) No subdivision of any lot shall be permitted. No dwelling
shall be converted into more than one dwelling unit. �
6) These restrictive covenants shall run with the land and shall
be binding on the grantees and all persons clang under them.
7) Enforcement of these restrictions shall be by proceedings at
law or in equity against any person or persons or .other entities violating
l
5
.. r
r
or attempting to violate any of these restrictive covenants, either to
restrain said violation or to recover damages, at the election of person
commencing such proceedings. Any person or entity found In violation
of any of these restrictive covenants shall be liable to the grantor
or the other parties commencing said action for all reasonable costs
and expenses including reasonable attorneys fees incurred in enforcing
these restrictive covenants. The grantor may institute such proceedings,
if they should fail to do so� any lot owner may institute such proceeding
as are necessary to enforce these restrictions,
8 Invalidation of any of these restrictions by judgment o
Court order shall i �qay affect any of the other provisions which
shall remain in full force and effect,
IN WITNESS WIlMi o the said WHITE BIRCH CONSTRUCTION COMPANY, INC.
has caused its corporate seal to be hereto affixed and these presents to
be signed, acknowledged and delivered in its name by Janes Grifoni i t s
President hereto duly authorized this lqrlf day of November, 1992.
WHITE BIRCH CONSTRUCTION COMPANY, INC,
.
COMMONWEALTH of M&SSCI-METTS
SSEX, SS NOVEMBER 1992
Then personally appeared the above-named JCS GRIMM, 'eside t
as aforesaid and acknowledged the foregoing instrument to be the free act
and deed of ATE BIRCH CONSTRUCTION CO. , INC. , before me.
� EW M. GR16ZEWICZ
Notary Public
Icy Commission Expires., June 18, 199
2 W
I
2 1
F ?i
r
}
I }
}
s
s
L/
r I f
5 i
i
's
's
3
s
's }
s
"s
f
EED
I WHITE BIRCH CONSTRUCTION CO. , INC. , a corporation duly established
under the laws of the State of Delaware and Navin its usual lace of
g
business at 380 Essex Street, lawrenc , Essex County, Comonwealth of
Massachusetts in consideration of ONE DOT AR $1.00 and other valuable
consideration, grants to the TOWN F NORTH NDOVER with quitclaim covenants:
}
}
} WHITE BIRCH 1ANE, a proposed public way 50.00 feet wide together t
} with are existing 30.00 foot wide utility easement and ending in a cul-de-
sac as described on a plan of Environeers, Inc. prepared for J.J. Associates,
Inc. on April. 30, 1992 and revised on September 22, 1992, entitled
"White Birch Estates" at sheet 3 of 7 and further described as follows:
}
}
t
}
Beginning at an iron pipe on the westerly aide of Bradford
Street that is out 0.26 feet at a bearing of S 440 - 031 - 28" w, then
running 312.94 feet at a bearing of S 891 - 001 - o" w to a stone bound
to be set along property NIF Lentz, then running 299.25 feet at a bearing
of - 261 - 16" w to a stone bourn to be set along Lots 1, 2, and
of the proposed subdivision., then ru ing 89.41 feet at a bearing of
- 491 - 54N to a stone bound to be set along Lot 4, then running
;
along a curve whose radius is 25.00 feet and an angle of 79" - 501 -. 9"
and length of arc is 3 .8o feet to a stone bound t be set alon ILot
g g
then along the curve whose radius is 60.00 feet and an angle of 2590
01 - 9" and length of arc is 272.10 feet to a stone bound to be set along
lots 5 and 6 and Farce. A, then running 171.50 feet at N 850 491 - "
to an iron pipe along property Lawrence Also Realty Trust then rennin
297.86 feet at a bearing of N 89 - 26' - 16" E along a stone wall and
property Contarino and. NIF Hansen, then running 330.83 feet at a
I
bearing of N 891 - 001 - 0 " E to a drill hole in a stone wall on the
westerly side of Bradford Street along property NIF Chory, then ring
t53.04 feet at a bearing of N 201 - 291 - 7" w along Bradford Street to
the point of beginning together with all utilities, sewer and water
drainage. anti other public ammenities, j
IN WITNESS WHEREOF the said WHITE BIRCH CONSTRUCTION COMPANY INC.
has caused its corporate seal to be hereto affixed and those presents t
r
be signed, ac mowledged and delivered in its name by James Grifoni its
President hereto duly authorized this Jq'rit day of November, 1992.
I
i
WHITE BIRCH CONSTRUCTION COMPANY, INC,
{
I
'i
B : S I oNI, PRESIDENT
I
I
i
I '
!
'
'
COMMONWEALTH OF MASSACHUSETTS
Then President°^�� "^= above-named "�^�" ""��"�� /
the
as _- ----_- and acknowledged_ _ _ —_ ----"'__"" instrument be the -_ - .
and deed of WHITE BIRCH CONSTRUCTION CO. , �e�oreme.
NOTARY PUBLIC
/
- 2 - '
U | �
|
)� . '
sl
DEED
WHITE BIRCH CONSTRUCTION CO. , INC. , a corporation duly established
under the laws of the State of Delaware and having its usual place of
business at 380 Essex Street, Lawrence, Essex County, Commonwealth of
Massachusetts in consideration of ONE DOLLAR ($1.00) and other valuable
consideration grants to the Town of North Andover with quitclaim covenants
. t
A parcel of .and consisting of approximately 3.32 acres in the
said North Andover and described as follows:
H
Being Parcel A as shown on a plan of Environeers, Inc. prepared
for J.J. Associates Inc. on April 30, 1992 and revised on September 22,
1992, entitled "White Birch Estates" at sheet 3 of 7 and further described
as follows,
Beginning at a point on the southerly side of White Birch Lane
at a stone bound then running a distance of 996.19 feet at a bearing of
S 851 - 491 - 54" W along property N/F Lawrence Alco Realty Trust to an
iron rod, then turning and r=ing a distance of 345.00 feet at a bearing
of N 850 - 491 - 54" E to an iron 'rod by property N/F Alco Electronics
Products, Inc. , then turning and running a distance of 249.70 feet at a
bearing of N 001 - 251 - 37" W to an iron rod along property N/F Alco
Electronics Products, Inc. , tfim turning and running at a distance of
H! 829.25 feet at a bearing of N 75' - 231 - 17" E along property N/F
S.P.E.C. Realty Trust, GMZ Realty Trust, and Poirier to an iron pipe that
35 E, g is out 0.25 feet at a bearing of N 571 1 - 27" then turnip and
ruming 80.42 feet at a bearing of S 20' - 291 - 47" E along property
li
N/F Uliano, then turning and running 608.25 feet at a bearing of S 75'
23' - 17" W along lots I thru 6, then turning and running 214.15 feet at
a bearing of S 001 - 251 - 37" E along Lot 6, then turning and running
181.46 feet at a bearing of N 850 - 491 54" E along lot 6 to the proposed
White Birch Lane, then turning and running along a curve whose radius is
60.00 feet, the length of the curve being 72.10 feet along the proposed
White Birch Lane to a stone bound to be set at the point of beginning
together with a 30.00 foot utility easement and proposed drainage easement
both granted to the Town of North Andover,
IN WITNESS WHEREOF the said WHITE BIRCH CONSTRUCTION COMPANY, INC
has caused its corporate seal to be hereto affixed and these presents to
be signed, acknowledged and delivered in its name by James Grifoni its
President hereto duly authorized this day of November, 1992.
WHITE CONSTRUCTION COMPANY INCO
wy
DAMES ON PRESIDENT
i
i
;r
f
{ f�
}
t
}
r
II f
l
There personally appeared the above named JCS GRIFONI, President
as aforesaid and acknowledged the foregoing instrument to be the free act
and deed of WHITE BIRCH CONSTRUCTION CO. , INC. , before me,,
ANDRtiM. GRADZEWICZ
NOTARY TBL T
My Commission Expires; June 18 199
}
f
r
i
s
S
s
;e
i#
i
}
i
I
i
i
I
f
i
I
I e
i
I
i
M1I I
S
g i
# i
3
s
3
dI
!1
1
i
i
I
'I
i
i
i
i
i
I
i
I
r .... 2
3
r
r
}
a
a.
i'
i�
I;
s
i
E E
JDP DEVELOPMENT CO., INC., a Massachusetts corporation organized under the laws of }
the Commonwealth of Massachusetts, having are usual place of business in Haverhill, Essex
County, Massachusetts,
for c onsideration paid, and in fall consideration of LESS THAN ONE HUNDRED 100.00)
DOLLARS
grant to THE INHABITANTS OF THE TOWN of NORTH ANDOVER, of 120 Main
Street,North Andover, Essex Counter, Massachusetts,
with QUITCLAIM COVENANTS,
The fee in a certain roadway, known as mite Birch Lane, situated in North Andover,
Essex County, Massachusetts, being shown on a plan of land entitled,"rWliite'Birch E to '.':"
of itive Subdivision Play., North Andover, MA, Date: April 3 0, 1 92, Revised; Septe .ber
22, 1992, Scale: I" =40', Applicant: JJ. Associates, Inc., 380 Essex Street, Suite 1, Lawrence,
MA 01841, Prepared By: Environeers, Inc., Post Office Box 516,Now Andover, iNIA 1845",
which plan is filed with the Essex forth Registrar of De6ds as Plan No. 12242.
Parcel is a 50' wide right of way with its tmarou .d known as white Birch Lane, Station
+00 on the Westerly edge of Bradford Street) to Station +5 , and shown on an As-Built
Subdivision Play. and Profile of ate Birch Lane prepared by Christiansen & Sergi, dated
October 4, 1995 & April 8, 1997. ,
For the Grantor's title to the fee In the roadway, see deed dated March 3 , 1994, and
recorded in the Essex North Registry of Deeds, in Book 4015, Page 125.
See Corporate Vote, dated March 24, 1994, and recorded i p said Registrar In Book 4038,
Page 62.
IN WITNESS WHEesOF, the said JDP DEVELOPMEN Co., INC., has caused
these presents to be signed in its name and behalf by Joseph.J. Scat, its President, and Daniel
P. Betty, its Clerk, this 6th day of April, 1999.
JDP DEVELOPMENT CO3j INC.
B
Joseph I Scott, President
Daniel P. Betty, Clerk
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. April 6, 1999
Then personally appeared the above named Joseph I Scott, and Daniel P. Betty, and
acknowledged the foregoing instnunent to be the free act and deed of JDP DEVELOMM,NT
CO.,INC., before me,
Notary Public
My Cow unission Expires:
HAG4451\0445148DOC
y J I '
EASEMENT
KNOW A.L MEN BY SSE PRES S, that WHITE BIRCH CONSTRUCTION CO. ,
INC. a Delaware corporation with a usual place o business a Essex
Street, Lai,Tree, is County, Commonwealth of Massachusetts,
IN CONSIDERATION of the sum of ONE DOLLAR ($1.00) paid by the TOWN OF FORTH
ANDOVER, the receipt is hereby acknowledged, do hereby grant unto the said
TOWN OF NORTH ANDOVER and its assigns forever a 20.00 foot drainage easement
running along the property lie o lot and Parcel A and a foot
drainage easement along Lot 6 and Parcel A as described on a plan of
Environeers, Tnc. prepared for J.J. Associates, Inc. on April 30, 1992
{, and revised on September 22, 1992, entitled White Birch Estates at
Sheet 3 o ether with the right o access, egress for the maintenance and
7 Z3inspection o said drainage easements,. # _ r r -=r ,�
Cal
.i
The TOWN OF NORTH AVER is to repair and maintain said drainage �.
easement and it sal be the responsibility of the TOWN OF NORTH AND ' ER
to do so in a manner that does not interfere with its prescribed use.
The said WHITE BIRCH CONSTRUCTION COMPANY, INC cove ants'p ith
the TOWN OF NORM ANDOVER that it is lawfully seized in fee simple o
the granted premises and that it has good. right to grant the within
described easement.
IN WITNESS WHEREOF the said IiHITE BIRCH CONSTRUCTION COMPANY, INC.
has caused its corporate seal to be hereto affixed and these presents to
be signed., acknowledged and delivered in its name by Janes Grifoni its
President hereto duly authorized this lq+if day of November, 1992. �
4
WHITE BIRCH CONSTRUCTION COMPANY, INC,
r
* JAL-i.i S I DENT
•
f*
{ten {
S F
i
COMMNWM H of MAS SASS M
ESS EX, SS NOVEMBEM 1992
'hen personally appeared the above-named JAMES GRIMN , President
as aforesaid and acknowledged the foregoing instrument to be the free act
and deed of WHITE BIRCH CONSTRUCTION CO. , INC. , before me.
ANDR ' M. GRADZ WICK
Notary Public
Iy Commission Expires: June 18, 199
. 2 _
22
. •, •X �y...t..��r11�1111d111E�i"''�' Mwr## tr � -« .7��-* - � i . . '+'. .. .�*:y i.r/J
*y Y
fr tit , it r. -L'4P '
4 { f f# }� ��' * • '+ ' ; '�r+ a I..-'.5. .1 i F F a [4± +'.'';yf`'++ i' ', � •�+
F j+`� k'. ' -,r' 4 +r 5._\��*3',� •+ r` ; �rR�#��{��-{� �tYr:�1+. 1 "��a i+• a _T '�'.
' ;:1 kI�F�{��, * Y tfr�i� `+f,.#; } ;iy'li. * rY'fi Y._r.�l } i#ti•l"' . - s.:+f' i•. *� '-`.
The undersigned, �
being, a- majority- of the'.Planninq 130ax'd of the-.
Town of Nort - ndovear, Maesachueetts, he shy, certify that,
a. The requirements for the construction of wags, and-municipal {
services called for the Performance Bond, or Surety and-dated
and/oar by the-Covenant dated
✓ # 1 _ and recorded in Dia rict
Beals Boo Page or registered in
Land Registry District as
Document No. -IOW/0, and noted on Certificate of
iiiil_�lur�wwti
Title No. �.1 in Registration Book • +
PageOVJA has been completed/partially completed, to
the eats. faction of the Planning Board to adequately serve
the enumerated lots shorn on Plan entitled � -
Section (a) Sheets �!7
Plan gated ►
- ......... �. 1II,I,,,Y.YIIr.— recorded red by the
Regi2try of deeds, Plan Book
or registered in said. and' Registry District, Plan hook
t
Plan arid- said'.lots are hereby released �
from the restriction' as. to aal &nd_ building-.specified t
r_ the eon, i
+- . = Dots c es .gr ated on said Sian,�ez-' o o a�� (trot",Number a} and •�'
street(s) .+ t+
' t +•
. Putllil.nnYlr I�IiPllililll.i�irr•lY��_IiPliili�liY�� Y*
F i•. Mo be attested by a Regiat red Land Surveyor) �I '
I hereby certify that last number — �
i $ I street(s
rho conform to layout as shown on a n ire- Pan entitl d
i _..4WIrIOA147Vi AMJNi section Sheet-W
Registe u or
I of
Y -
+ /
+ Y
ti
' ' 7
I
`{ U-940 2
Ah I
a' t
The Town o orth Andover, a municipal corporation aituat*d
in the County o *Essex, Commonwealth of Massaohusette, �
@ o f r
�. 4 #...... acting y -s dulyorganizedt ,Planning holder -
.' 4
';�'' }• .# Performance Bond or surety dated
r and/or Covenant- dated
of the City/Town o
# County, Massachusetts 'ecorde with.
}:;f• : the Dl st ict Deeds, Book it .
. ' WE
r:. Page or reg stered In Land Registry District as
'= Document No. and noted on certificate of Title No.
in Reg stration Boot, r Page + f
acnow a ges satisfaction- of the terms thereof arehereby
Y.- releases its right, title and interest in the lots
designated on said plan as follows
I
•-F 4; ' I
1 as a sealed instrument this day o
Majority of the �
' 4
yyy/ Board
lanning
of the "Town of
r h i J North �i.i V 1► r
Then personally appeared , one of the above
� members o the Planning Boar o the Tarn f North ndover,
f aaa ht�ae a and a knowle ed a foregoing
ng to be the
i free act and deed of paid Planning Board, before me,
_ oary Public
sty Commi ,7res
r
I qpll�d
OP
�
L# of */#4«3. * %P
+
S
I
i
i'
}
• I