HomeMy WebLinkAbout1996-10-24 Legal Documents DEF SUB * * FORM
COVENANT November
t9
North AndoVer Massachusetts
i u iu� rrunr
KNOW ALL MEN by these presents that the undersigned has submitted an application dated
July 17, 199 , to the North Andover Planning Board for approval of
definitive plan o a subdivision o land entitled* ��in ��i �: � � l by:
risti - j i + dated: Juno , 19� and owned ri a Read.t t t i �,a
address: 44 Great Pond Drive, oforc and located: r) Boston St, Lambert
and showing1 roposed lots. The undersigned has requested the
p sock
lanning Board to approve such plan without requiring a performance bond, ' 2 �.
IN C 1SI ATIO of said PlanningBoard of North do r r in the county of
Essex
approving said plan without requiring a performance bond, the undersigned
hereby Nas
covenants and agrees with the inhabitants � the '. .
follows:
1. That the undersigned is the owner' in fee simple absolute of all the land included in the subdi i.
sion 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 them is pore than one owner, all must sign, "Applicant" may be an owner or his agent or
representative, or his assigns, but the owner of record must sign the covenant.
. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma-
nent building on any lot until the construction of ways and installation of municipal services
necessary to adequately serve such lot has been completed in accordance with the covenants,
conditions, agreements, terms and provisions as specified in the following:
a. The Application for Approval of Definitive Plan (Form C).
b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this
subdivision.
c. The certificate of approval and the conditions of approval specified therein, issued by the
Planning Board, dated October1996
d. The definitive plan as approved and as qu .1ified by the certificate of approval.
e. Other document(s) specifying construction to be completed, namely:
So'
ow ver, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise
and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot,
subject only to that portion of this covenant which prop, ies that no lot be sold or conveyed or shall
be built upon until ways and services have been provided to serve such lot.
. That this covenant shah 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.
. 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 t>e releases, and
, That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this
covenant, of either the entire pafc l of land shown on the subdivision plan or of all lots not
previously released by the Manning Board,
Massa bus tts Federation of Pia ning and Appeals Boards 1972 le C [V\ P
(Aevised 1980. 1983. 19881 + N ib
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Essex
8. That the undersigned agrees to record this covenant with the county
Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board
In the event the Plan it hoard ha record this agreement forthwith. Reference to this bvenant
shall be entered upon the definitive subdivision plan as approved.
' 7. A deed of 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 years from the date of such deed,
°* as provided in Section 1- t Chapter 41, M.G.L.
S. That this covenant shall be executed before endorsement of approval of the definitive plan by the
Planning hoard and shall'take effect upon the endorsement of approval.
. Upon final completion of tw construction of gays and installation of municipal services as
998
specified herein, r before ar 2 .
the Planning Board shall release this covenant by an appropriate
instrument, duty acknowledged. Failure to complete construction and installation within the time
specified herein or such later dateasmay be specified by vote of the Planning Board with
mitten concurrence of the applicant, shall result in automatic rescission of the approval of the
plan. on
fan 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. Nothingherein shall rohibit the applicant from varying the method of securing the construction
p
of ways and installation of municipal servics 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. .L., Chapter 41, Section 81•U.
long as such security is sufficient in the opinion of the Planning Board to secure performance .
of the construction and installation; and
Mas actiusetts Fe erat�orl of planning and appeals Boards 1972
(Revssea 1980, 1983, 1 88)
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Carl J. and ar axet` �
For title to the property, see deed from bianeo dated dune 17" 9
recorded in TortEssex Registry of Deeds, Sook 4528 Pa 1 f or registered
in
-- .. .and Registry as Document No. and noted on certificate of
tine no. , in Registration BookParonway
ital Dana extent
The resent holder of a mort a on r Lit Partnership of
The snort age is dated and
recorded In North Essex Registry of Deeds, Sod Page , or registered
in Land Registry as Dmument No. , and noted on certificate
of tide no. , in Registration BookPage The mortgagee agrees to hold
the mortgage subject to the covenants set forth above and agrees that the covenants shalt have the
same stags, force and effect as thought executed and recorded before the taking of the mortgage and
further agrees that the mortgage shall be subordinate to the move covenant.
r spouse of the undersigned applicant hereby agrees
that such interest as i, we, may have in the premises shall be subject to the provisions of this covenant
and insofar as is necessary releases all rights of tenancy by the dower or homestead and other
interests herein,
l J WITNESS WHEREOF we ve hereunto set our hands and seals this of
Novetber
e ssina 11t tee �arina Realtor
2 -
Pat.ri is Lambertowne •; k
—A' -:k2z./V4, /-W",at,,e�"
t A �7? a,,lv�
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Catherine C. Eames, ors age Acceptance by a Majority of the Planning Boars of
�n tie Generalf
Partner of Conway Capital Management Y
Limte Partnership
One acknowledgement must be completed for each of the following;
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
COMMONWEALTH of i ASSAC US TTS
EssexNovember t
Mar lee Messina, r.' i a b @B4, n
Then personally appeared before me the above named Catherine C.���Eames and acknowledged
the foregoing instrument to d her free a and deed
tore of Notary Public
Russel, A. Bodn r
y commission expires
+
tassadnu e(ts r-eaeration of Planning and Appeats soaids 197
{Rev#secs 1980. 1983. 19m)
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t i F t a}+,+{i+. •'I �• '•,.� 1,`r, :+'1t'.;$ #�. �i} � j •2# �• �;
h a f 1 +
r " # ,# a x 4 'I#t� #�' try :# #Nl ' # t i �, ' .eft .��' 4 i
:fit #`�{ i' �# �a
COMMONWEALTH OF MASSACHUSETTS'
� I ,
Essex CountySS
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Then personally appeared before me the above named
and acknowledged
the foregoing instrument to be free act and deed.
i
Signature of Notary Publlc
My commission expires
COMMONWEALTHOF L%MSSACHUSETTS
Essex County SS
T en personally appeared before rye the above named are c i owie e t
�.he foregoing i st-.'ume t to be free act and. deed.
Signature of Notary
,,,,, ubil c,,.��
y conLmission expires
c MM tTW A TH of MA SACHUSE S
y G
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SS
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geared
Then personally � �. ed the
the Apt
or its atord agent and act
` i o an
deed and .
foregoing instrument
free aclNp-, and deed of the Applicant, before ate.
ilk
Notary Pub
My Commission x e
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Winwright Bank and Trust m any t by
Kathleen A. Lynch
Vice President
F
Suffol Ss.
Xv
NOV O is. 1996
� eared the �ve-named K .�.een �� �� �
the I:x her free act and deed on beh of Wainwright.Bank Fs Tr%IS
many,, before m
Notes Pub- Car_�
My ca=ssion expires
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As sent-d '
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Pre s k t IL
Ccmonwealtyh of Massachusetts
ASS
Then appeared the abDve-romed at0 �jze) and cede
o� be his/her free act and deed of o
designated, before m �
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LAW '.. CE2 S.
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8K 4639 PG 207
FORM 96
CdVIENANT, Nove'mb,er 6
g
North JW
Mssaachusetts
KNOW ALL MEN b these.pres t thAt un• er ned half Su rrilttid an p chtkn dated 4
ul I 1 ' art o 'Oird ho�ral ofto tyre nfor pp
definitivi-olin`of i subdIvfston W Ian by:
Chi x
a� d� 4 ea: 'Pond.+ ` : �" 4� ice' a� alp '� tt. Lamberts r
and-shower ptropwwd kft. Ttw tWw*4n9 . As foquesAod the {
P1 an'al nq Soard to ap rovc sudh plan,wfthwA nw�u ki no ik pm Maginance bond
�CO
llttA'"lil of ' n6i} ti . ' " doe I tiro county of '
v� t , fie rrdl therrderslrred
hereby covenant rrd'a t I th�.t e- i b# t o # x
+'* o
foli vs' 4
{
I.. That the,urrd reipipd•te,the-ownor'' ire simple a sWute of all the lard Included In.1he uhdivi
} islon ari 0 tit,the t .,are no most a a{9f•r vW or M4 rwhm on any of the 10 n 0 f exco pt for those
described tw low,-and that t ho pro" t folders q4, 44 qum"tp a h*ve as"n ted td thls Contract
prior to.,its.qx acutIon.by the--uft0if 4 nod# i
k
"It there is nose than one owner, all must sign, "'Applicant."-may bA-an owner or hfs:a ent or
mpresentattve, or his assigns, b rt the owndr of record must.alga the-covenant.
2. That the undersigned will not soil or convey any lot In the subdivtslon or erect or place.any perrna. �
neat building oh-any lob uhtil Jt a constr ction of aye and lnstattlotlon of municipal services
necessary t6 ads quatei r sorve4vch tot.ha been oamptetad In Aac rdance Frith.t h a covenants,
,conditions, agreements,terms-&nd provisions as pecifled Ih the followin.. ;
-a, The Appl l atlon for.Approval of Definitive Plan fir 0).
b. . Tht Subdivisid on roi Law and the Planning Board's Rules and Regulations governing this
Ubdivl lon.
`o: The certificate of approval and the conditions of approval-specified therein, issued by the
Planning oatrd,.dated October 13496,
d. The definitive plan s-approved nd as-qu..Ilfiod ty the certificate of appwval.
.e: Other•docurnent(s)ip9c1tyj.rLg constru tlon to be completed, namely:
Howev.er,A Mortgagee who Acquires title tc the-mortgaged pre lees by foreclosure or otherwise
and any succeeding,owner V the mortgaged prom isesvr.part t reof may sellorzonvey any lot,
subject only to that portIon of this-covenant which ro%.Ion that no Ott*sold or conveyed or 9 hall
ba built uPan Y n t I I ways and aer icos#rave bean provided to serve-such lot.
, That this covenant shall be binding upon the a utors, *dmInIstrators, devisees, -heirs,
s ccessors nd: ssigns of the-unders,19ned and shaft constitute a covenant rurtning with the land
Included In tfie•suWlMsion And'SUI•operate as restrictions n ho land.
4. -That particular lots whin th&subdivision shall ' leasod*r the foragoirig conditions upon
the recording of owffltWe mil 4wdgrmanc oxecut*d-by a rosiodt of the Planning Soafd and
enumerating.the pe ific lots to be re m and
S. 'That nothing hereIn shall be deemed to prohibit a conve yance by a sl na W deed a ubj ac t•to thi6
covenant,'of-either.tire entire pajoel of land shown-an,the s"vision-purr-cr,of all tots Trot
previiousl released the Planning Board.
' M61va husIitI FVd4fM10ft ot 41 ann Ing And Amal!Boni;197
Smsed ION.190.19681 et
o,1-7"
� � - 1AA 0112A
~ r S
+ "EsS K 4639 - PG A-
a. mat the undersigned a rm to re= Ws���Ow County
.01
his#ry o'D"d ,tooth, t p�� tip 4 . .. �rdin tee td th*mid PiennIn o d �
r
t v nt the PlarMiriq So"-shaf#rO=4 A00form to this v n t
ha-f.b .artertd upa the-del HIwo l ►ON p"
7. A deed of any of thoiubdivis Ion,I vW&tom ohft�~t i W i bo violdable by the grented
#" prier to c � r �# at#�ti►t �o -such died#
t t i _ 1 e�nt ash # ,# -d@ffl 1t1ve- n bar the
-Plant +PW :910d�- + i 'ram, *f #-
!24i
MR
9.95
_ate' nni 8 a w-d'Ot*so!wM 1 ss � n
oa �t tY OW*- +
ee
}e #fled.�her ,"Ofr Oht: rr t '� b }'T+ #Fy ' r `P# tlInn.
0 {l r t `
;-*4x- .- "r-1 "si&
n r1ot ram. rf` i �n�►nt r � # ��d � � �e��
such lot from this xovenikht by do AporoprIato-instrument du(y
10. Not h4jo i4telnOW1" iblt•t a �.�ho ti method of skuhng the construction
of ray iarlb iit affimorf�q i ri oe'fi ti t� r tr n1 g rin yx e,or in pert
as i n i security-is suffi 96 m e opl o &t n� a to
#n1 n +
of tine con trueti n, nd lristallafilo.n,,aM
minsithv3esi F"faiton of Pi anmng and Ap ais Bosr#s 197
j vv:sv4 1M+1953,IMi
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~: 4BK 4639 PG 209
Carl J. ard margaret F.
FA3r tale to the�rtj,"w doed• arsaD dst*5 Jur,
.
recorded in ion ZRBA4T�
In LATit "wryasHated on, srtiflcate of
title no. 'A' Pegis#rati n So�ok � , P
idta . '
The preset holder a ortgaoe upon the property Is � f
+'@,The; `s'
rorded in a� �e� #� w � r istf!!d
In Land ftgl3tryu Docuawt No. and noted n certificate
ofl# ,In Ftlststlo SwC PtiW . wHgag"agw*s to hold
the mortgage subjW to ft covenants sk forth-above-M_qr"t-thait the omnants sholl ii Avo the
staff ,fv s d ff� s the h I A 4it #ptl d r ondr�d be ar t : t 1iig the mortgage and
further agrees that the mortgage sh It be-suborclinate to the*oar*wvenant,
posse of the un rsl n -applicant hereby-agrees
that such interest-as 1,we#�ney have in the pre ise hell subloct t the provisions of this covenant
and insofar ma Is necessary rei eses all rights W tensn y the dower-or homestead'-and other
Interests thereln,
IN lT USWHEFIECF we jbAve hereunto-sef ur hands and-seals this of
5 tee f Marina Realty
Patr ia owneY
t
Catherine C. E �� of the �r epai~e r of�tti1�Pani of
IL
Partner o orOiy'��.t l � � tw }
1djdted:Partrmyship _
One acknowledgement-must he completed for h of the following; .•
Plannino Board,roOmsentative
Owner or'or' er
Spouse of the owner
Mortgagee
COMMONWfALTH OF RASSA H S TTS
Essex ,.s w 1
Wwylee Messina, a . a� � and
Then s nall appeared before n the above named a *.� and acknowledged
�
f
the for g ing Instrument to o tree� and deed.
V jkbVjzr LOF1 -A-04
0 y Pubh
use * �a
My ornrfileel n*x tr
` Ma3lact4u"ill Peasialion of Pfarmpgg ind Aposals Ids 1972
IR4vised 1W.1083.1 F
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r' •t+ 'I +r#!t t •; ! �,rii1 *f }' :" i'L .i '• j' v. ���
* + i F �yi+a i+i u- .y* { �#+ F1'rj f { 1 1 ht tYr - #• #' } r+ iF J} *µ
7 "`# a ..�
# fit.
LL*4 r ! f ,
'��x�����r�����r+#; � � r !�#' • •� �� ���� �� �;� .�# r
l�Ili�,.4 r#' fr ti ! Ll IL
tii.. yf# t # t �•
#' ! * �r • ` i+ #!,,! f�++ � 1 4 # �`. r ��'
T • ro
CO
: # ,.t J+ r r ICA f �r •f�.,,! � +ter,! #�?1� # "J
MO L" -OP,MASS
4Q� PG -210
7
'Essex C<)Unty 13-
There .person-ally appeared before mq the above named and acknowledged
the•- -o gp n ihstru ji t to,jje Irma -act iir :deed.
ti -ipkturji of Notary Public
HASSAdHUSETTS-
CoHb�ONWAJOTH OF
s• +• 4
' r�
Essex ou
.yam�� i - - ,. * ' � '4"r••`•"ra�r•
Then personally -a1� p �c d• b0ore me th4 above named and, ackhoqlad4ed `
the foregoinq ins -r inen o'be free act, and deed."'
Signature of Notary PualI
my commissiozi expires
COMMONWEALTH MST
1.9 C1 C-I
Then e s l eared 0134 ja 5.LZ
the Applicant vri ids ' gee agent arc rt . e e
foregoing r� ml en �o be his or he free ,act and deed d the
free C, and deed at the i xbefore
Notary Pub
• Mir C a Mm i s s .a n Expires: v,canwlc UP"JU o,;sir
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46,39211
.Mth-l"A . Lynch
Vice, President
Cmvcrwealth of ssw-leamtts
�fDA ss. Now. 9
tiv ego to bs �w free act and aead on bah&Lf o Oank 44 Ts
CcapAW,, before Tw
ty commissi w0iml
A- Q)C%%- 3
As SAWIte to
b
K4 Po t
Cormxw&valtyh of MASSeOhmatS
, s �r 996
x the ��
���
the fcooViN to be bia/berfree act and deed cb b*AaXf fbank so
desigrAted, Ire
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BK 4778 P 168r
1I'w1I N KIST FARMS
mpwwTFER DECLARATION of RESTRICTIVE COVENANTS
1
i
This Master Declaration of restrictive Covenants(the"Master eclaratlon")Is made
as f the, � deb►of JMY-, 17, Mryree Moselna,trustee of Barina Realty Trust
a
u dlt dated May 17, 1991 and recorded In the Essex County North lstdct Registry of
Deeds In Cook 3255,pale '1,the owner of lots end �1 and Windkist Fens, LLB,the
o mr of lots 1 through 7 and I 1 through-18 of the residential subdi i l n oommnly Known
}
as WIndkist Fam s E neW In North Andover, Manachusefts,loll of the foregoing lots are
sometimes hereinafter ref rred to collectively as the Lend, and the abov ascribed a
entities are sonmKinm hereinafter collectively referred to as the "Grantor". Grantor
acquired the Land pursuant to those certain deeds des.dbed on Exhibit A hereto and
made a part hereof`.The Land oonslsts of Lots t through 1 (excluding lot 8 collective)r a
�� led"Definitive subdlvislor plan`i indl ist Farrm'located
the �� on a plant of lend nit �
in forth Andover, MA"and recorded YAth said Dads as Plan o. "Plan").
Plan" .
Grantor for itself, its suommrs and assigns, does hereby establish and impose the
foilowing mWdWe oovenevft on the Land and all of the Lots for the benefit of the Grantor
and all of Om ownem of the Lots and to establish a oot mon scheme of development and
use of the Land.
N 19197 P&:
The Land and the Lots shall have the mutual burden and benefit of the following
restrictions on the use an occupation thereof, which rye tri tionao exoept as otherwise
provided or allowed b law, shall run with the lanai and be binding on and Inure to the
pr y '
Grantor and the owners of the Lots and their successors and assigns: shall retrain Inlk
effoct fora od of thirtyyears from the date of this Master Declaration and may e
Wended by nobloe of extension a and recorded in rdanc
� the-provisions so �e wrath the pr
of Massachusetts General Laws Chapter 184,lion 27, as armnded.
a
A. USE THE LAND, No buildings or other structure or Iniprovermnt of any hindSL
i of one detached single-family
shall be erected or plead on any lot with the exempt on
dv iling designed as a ow1denom for one family,together with the accessory buildings s and
structures nomWly appurtenant to similar dwelling houses In the Town of North Andover.
B. HOME BUSINESS. An occupant of a dwelling constructed on a Lot may
intaln therein a al office solely for his or her private use aoossor to the single-
family �n
residential use. N business advertl In ins shall be displayed on any lot.
D. SUBDIVISION LOTS. No Lots shall be further subdivided,nor stall any of
the Lots be changed or altered In any way without the prior written approval of Wi ndkist
Farm LL.C,which may be granted or withheld is the sole discretion of Windkist Fans,
LLC.
YWA
i
BK 4778 PG 169
[ . SETBACKS, All front, side, and rear yard setbacks shall have approval of
Windkist Forms, 1 LC.
E. LOT ACCESS. Access to all Lots small be by Windkist Form d..
F. SITE DEVELOPMENT@
1. fisting stone walls and trees of more than fie Inch caliper within 30 feet
of the front lot line, and vftln 10 feet of all other lots lines, shall not be removed or
disturbed without the prior wriftn consent of Windkist Derr # L LC,which consent will not
be unre sonably-YAthheld.
2. Prior to ffm ern n ement of any site development work,each Lot owner
shall have a site developrmnt plan prepared by a landscape architect or builder shoving
landscape design,fbundaflon plantings and all additional structures such as pools. All
Flans shall be submitted to Windkist Forms, LLC prior to c mmencenwnt of site work for
approval in accordance with the provisions of paragraph R herein.
G. WINDMILLS. No windmills of any kind shall be erected on any Lot or any
bullding constructed peon,
H. DESIGN GUIDELINES.
1. i*orrrrat. No two consecutive houses shall be permitted to utlil a the same
general massing and design. Adjacent houses of similar design shall germ In detail and
dimension. No enact duplicate or mirror Image designs shall be permitted.
2> Roofs. No flat roofs will be permitted. Shingle rooft shall be good,
dimensional asphalt, state or synthetic slate
3. Freight. The front portion of each house shall be from I %to 2%stories.
In 1 Y story houses,the development of attic apace with dormers will be enooureged.
. Size. Each house shall contain no less 1h n 3000 square feet of living
area exclusive of garage and appurtenant structures.
. Materials. odor sheering shall be wood clapboard with comer boards,
wood shingles,brick, or stone.
k
4 {}I
I
BK 41 IS PG 170
S. Colors. Exterior ooiors of each house shell be in traditional palettes and
earth tones and Windki t Farm, LLC shell have complete discretion to determine and
approve the sa rr , WindkIst Fay, LLC's deci lon shall be fused on aesthetic
oon ;i.e.,o ordir► tin with other abutting and edjecent houses,coordination of
trim color with shingle to"s,etc. Fireplace chimneys visible can the exterior shall be or
appear to be of masonry or clapboard.
S. enc shall be constructed good,which may be painted,stained
�� FE
NCES.
or left ur niched, r of lnd�fieldstone witl' minimum rnortar required for safe and
structural Integrity.
J. ANTENNAS. Satellite dishes or antenna towers for radio or television
reception or transrrisslon shall not be erected on any Lot or building,
K. ALES. Comnvrclsl vehicles, recreational vehicles, trailers, and any
unregistered vehicles of any kind shall not be stored an any Lot or on the street adjacent
thereto exceptg
within buildings designed for that purpose and approved in writing in
a vl arm by Windidst Farm,LLC.
L, SIGNS,, p
NS,, No sign shall be displayed ed or erected on any Lot or building exoept for
nam or nub signs Identifying the owner of the house or the street number,and shall
to not mocre then bw square feet in area. One temporary sign pertaining to the sale of the
premims is permitted.
M. PROHIBITED A Ti ITl S. In order to enhance and preserve the unlqu
character of this develop mt,the following uses and WJWUes will jWj be quitted on any
Lot:
'I Tools, ui rnent, boats,snowmobiles or similar item nuy be kept or
stored but only If garaged, Only repairs to non-commercial vehicles of a Lot owner may
be conducted on a Lot and such repairs shall be conducted only in the garage area;
Stun , lending or maintaining aircraft of any type;
Temporary 6tructures,excavationst basermnts,trailers or tents exoept
as may be rowmry during the con*ucfion period of buildings or structures or by written
approval of Windkist i~anm,
LLQ
Exterior storage sheds except as approved in writing in advance by
Wind lst Famis, LL ;
5) Noxious, annoying,or unsightly ac lvitles or mteriawls#
(6) urrong or placing of soil or material as landfill or dumping or piecing
rr
of trash,waste or unsightly or offensive materials;
(7) Activb" detdmental to drainage, flood oontrol, water conservation,
ercalon control or other acts or uses detrimental to maints I ning the Lots and open spaces
within the deve oprmnt area In their predorrdnanfly natural condition;
(8) No maWal or west shall be stored in such a manner that they may be
transferred from the propel. y natural cause(wind,rain,etc.);
i
BK 4778 PG 171
g No dothesiine that may be visible ftm the street or other abutting homes
tmy be erected;
10 No states,sculptures,painted trees, bird baths, replicas of animals or
slrNlar ob)ecft rmy be axed or paced on any Lot wherein they would be visible from the
street;
1 1 No fowl shall be raised or kept and no kennel for the breeding or
boarding of dogs,pigs, sheep, hor eis,and the like shall be erected, maintained or used
upon any Lot;
{12) No above ground swimming pools will be permitted;
No afteration In exterior features of any structure erected on the
premises is permitted wiftut prior written approval of 111indkist Fate,, LLC, which
approval will not be unreawebly withheld;and
t ) No one other then Windkist Farms, LLC or w1thout Windkist Farms,
LLC`s express,wrifto pswMWon may convey any interest granting an easement through
any Lot for future deveiopnront Including road, sewer, water, electric, gas, drainage or
other utilities through any Lot.
NoWftsWnd1n9 anything to the contrary set forth in this sectlon M, PROHIBITED
ACTIVITIES, the construction and use of outdoor play equipment for children shell b
permitted on any Lot.
N. COMPLETION. Construction of any structure upon a Lot shall,once begun, be
carried ford d1ligen r to owMletion Including lendmping, garages, and en ranoe
walks,such that construclon Vials and debris are not stored or visible outdoors. Any
dwelling or aosory structure not substantially oo npleted within one year from the
beginning of conshwflim may,at the dlscre on of Winaiidst Fames,LLC,be removed. This
paragraph shall not apply to unfinished living or storage areas within a fully enclosed
structure.
O. CONDITION. Within twelvemonths after the co pletlon of any buIIding
and appurtenartoes on any Lot,#me portions of the Lot not covered by any such buildings
shall be placed In a neat and orderly condigon free of uprooted stumps, constrtiction
teal and agar debris. Any airea of a Lot not so oovered which was bared of Its natural
growth during construction shell be covered with grass, ground cover or other plant
n%abMials, If#0 MqW of this paragraph are not met v thin said twelve 1 month
period,,Windkist Farms, LLC my cause such work to be dome as maybe necessary for
compliance, and shall be reimbursed for the cost thereof by the Lot owner, his heirs,
sucoemrs or assigns.
P. UTILITIES. All utility services shall be buried underground between the street
lime and the building where the utll ty enters.
7
3
BK 4778 PG 172
Q. DESIGN PROCEDURES. Each house shall be deaigned by pin aMrchltect,and
a drab design may be s bid to v indi ist Fad, LLC for Initial revIew. Windi ist Farm,
LLC will revlew the co pleted design and reserves the rlg t t de ercnine whether the
obi of the design cool have been met. No construcHon shall begin unfit the Lot
owner has r celved approval pursuant to the Plan Review procedures outlined In
Pamgraph fib, herein.
R. PLAN liv , No building or structure shall be erred on any Lot unless and
unfil exWor plans stwWng the dimension,shape,height,design, location,and elevation
f the building on the Lod,prepared by an architect or builder,have been submitted to and
approved In writing by WroMst Fates,LLC. A oeMate signed by Windkiiat Famis, LLC
Ong OW such plans have been s b Med and approved In writing by Winds ist Farms,
LLC,ghall, t o recorded Wth the Enex North Registry ry of ids,be owdualve evidence
of corn Nance v ith the terms of this paragraph. Approvals shall not be unreasonably
withheld.
so SEVERABILITY. In alidartion of are one or more of the covenants contained
herein by J*ment or court order or otherwise shell In no way aff+e t any other pr vislorr,
which shall rein In full force and effect,
T. CON UCTI ICI OF DECLARATION. This Disaster Declaraflan small run with
.the Lard and shall be by WindkIst Farms, LLC and by owners of Lots for whose
benefit they iced.are A breach of any of these reetrictive covenants will give to
vindi ist bairns,LLC,ft oxxosors and assigns,and to any other person or persons for
whose benefit these restrictive covenants are Imposed, the usual legal and equitable
remedies to oonVel the "tweof,or to recover damages. In addition,WIndl lst
Famm,LLC,and only Windkist Farms, LLC,shall have the right to provide written no to
by oed1W mWl to the o+wrw of the property alleged to be In violation of these restrictions.
Such nonce shall spectReally Identify the alleged violation. if no response Is rived
within thirty days of the receipt of written notice, or If the violation is admitted but
arba*mnt Is not Megan within sixty g days or re elp of written notice,or abatement
ant
Is begun but not completed within one hundred twenty 12 days of receipt of notioe,
Windidst Fares,LLC smell have the dght to eater upon the Lot and abate and remove,at
of the party at fS It,any enwtion or worts that may be thereon contrary to the
tens of these restrictions, w0out.being gurllty of trespass, therefore. Any design
selection or construction which was approved under this Master Declamation and
completed substantially In ac orda ace with the darns subn ted shall be oon lusively
deenned to comply with this Master Declaration.
U. EXPIRATION. This-Master Declaration shall expire thirty o gears from the
date hereof, uniess extended from tirm to tl a In accordance with the provisions of the
General Laws of Massachusetts.
BK 4778 PG 173
, AMENDMENT T F MASTER DECLARATION, The term and provisions of this
Master Deoiaration shall be e foroed and may am ended, modified-and interpreted
solely by Windkist Few, LLC,(1ncJud1nq, without limitation any amendment hereto
whereby Windkist famie,LLC appoirft a auxesw to exewdse all powers oonferred herein
upon Windy ist lams#LLC{pmvWW such sucoessor owns at least one Lot)without assent
of other Lot owners,for so long as Windki t Farrel, LLC either owns at least one Lot
In the subdivision,or until five years from the date hereof,whichever shell be earlier.
The aom tares of a Bleed to a Lot by an per shell be deemed In aooeptanoe to the
terry and oonditions of this Master Declaration,as sane may be amended from tinv to
tip,and an agreement to be bound by It In all respects. After WIndkist Famm, LLC no
longer is the owner of any Dots, in this subdivi lon,or at that date which is five years
from the date hereof, whichever shall first oocur,this Master aeration or Restrictive
Covenants, may be amended by a two thirds n*orlty vote of all owners of Lots within
it indkist farms. Windkist Few, LLC agrees that any nwdifiication or waiver to the
Declaration of Restrictive Covenants will have no material adverse effect on the Lots or
their property values.
W. NO WAIVER. The failure of the Grantor or of any owner of any Lot to enforce
any oovenant agreement,easement, restriction or condition herein contained shell In no
event be domed a waiver of the fight to enforce the same thereafter.
uuted as a sealed Instrument as of the date and year first above written.
WI1 DKJ lrA�", L SARIr A REALTY TRUST
DOUGLA F. STONG,Wnager NARY E MESSI A,Trustee
(hots 1 through 7 and (Lots 9 and 10
11 through 1
COMMONWEALTH F I' AS ACHUSETTS
MIDDLBSEX, SS. DATE IC1, -kcW11.
Then personally appeared the above-named Dou glae F. Strong, Manager&n-fl.ftr l6
Messina, Trustee and acknowledged nowledged the f6mgoing instrument to be Ifibir
deed, before me.
.mar.L
Notary Pub is
My oommission expires:
# ARIA N.BOND
Notary Public
y Comma Expires Oct.23,2D3
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BK 477 8 PG, 174
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1. Deed ftM WAL=b=tj to Baim Rm tyTnw Juav 1996
rewMed in Book Pogo (&s to LoW 9 Wough .
No. Lots I Hugh 7). {
. Deed km Badw t r Trust to WWkbt fa=LLC daUd Dmc Wr 1', 199
4. Deed fmm Bad=sty TnW to WWdkjA fro=LLC dates Dc"dkr 17, 1996
to Lots I tkough7 ,
IDI LMI/094-1 1
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ATTORNEYS AT LAVA
00s l/ CC/.• Toil Free 1- -4 - jalelm /YC o
19 Beacon Street One Elm Square 68 Stiles Road
Boston, as a u tt Andovor, Massachusetts 01310 Salem, New Hampshire 03079
}
TEL 17-2 7-4 11 '
TEL 78- 70-3 45 T L 603-3 3-3100
FAX 17- -4 33 FAX 7 -470- 4 4 FAX 3- 3- 003
-mail:bll@tlac.net
REPLY TO:
ANVE
January 3, 22
Town of North Andover
Planning Board
t�
Fft
146 Main Street L)
-
North n d over, MA 1845
JAN I 1 2002
Re, Windt ist Farms NOPTH ANDOVerl
_ I P
Dear Sir;
We are in the process of trying to cleat- the title for the property situated at 1
Windt ist Farms Road, Lot 1, North Andover, Massachusetts. It has been brought to our
attention that there is a Planning Board Restriction recorded at Boob 4640, Page 282
covering Windt ist Farms. A copy of said document follows. Please also find enclosed a
copy of a FAX we received from Attorney Scott Lakin regarding this matter,
I would appreciate it, if your office would prepare a Form J Release for recording,
Please forward said Release to this office at your earliest convenience, If you have any
questions regarding the above, please Feel free to call this office. Thank you.
Very truly yours,
BROADHURST, LAK IN & LAKIN
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Enclosures
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D8C. -1011NON) 17, 27 COSS I NGHAM GAMY OPPICE TEL:978 744 0985 P. 001l001
FAX COVER SI�E�T
Co,vsingham Law Office, PC
800 Turnpike Streets Sete 305
North Andover, NSA 01845
Telephone: 979485-S685
Facsimile: 978Pm7941m0985
lgwyers@cosP1ng6sm18wv.c0m
Kannath A Cossirtgham (MA and NFL
Saocc n Lakin (MA And NH)
'!'hnmee G LaPorte (MA and NV
■nlrnadmlrud lit 04 arrdME
TOV Arthur Broadhurst
FAX NUMMR: 978-470.3454
FROM 0: Scott A. �akin, Esqo1re/C;ossingham Law Office, PC
RE: 15 Windkist Farm Read, North Andover, MA
DATE; oecemher 10, 200I
PAGES: 1 (including this cover shut)
Dear Arthur:
Thank you very mush for your fax of December 10v 2001,'-, please be
advised that my title, report already has the fount J release that you faxed overgrictionsw The form J releases the
It does not release the plarliling Board gst
planning hoard covenants at 4639/207. Unfortunately we are piayfng With ones
�vhlch were later at 4640/262. I think a second form J release is called fir.
In regards to the covenants which 1 faxed over, l completely aeree with
You that the covenants are to remain forever. However, if you look at paragraph
It of same, it Is that '"no building or structure shah be erected on any lot unless
and until exteflor plans showing sxterrsionsw have been approved hY Windkist
Farms, LLC." That Is the release that Is needed for record, that �h� plans ���
house building was doge in a satisfactory manner4
Very truly youM
COSSIA(GHA M LAW OFFICE, I°G
Scott A, Laki Esquire
C;\wp\SAS.\12.IoBrnadhgt'St.wpd
Co : This fox grid the cnntenps hereof and the Wormasion altaahed herela is intended sol�lyJar
fho reoiPle�+1►�flmod�'hove,and for no alher person, In the aver[that this commur�tcarinn is received by any other
person,please contact thrs once lmnre�iialely ill order to arrange for setMrn of the subJecf dacu►nenfs•. Thunk you.
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Broadhursta LLB
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T LAW
it J.Broadhurst
i R.Tabit January 26, 2007
Town of North Andover
Planning Board
146 Main Street
North Andover,er, MA-0 - 5.,
(e: Windkist .r
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PLANNING
Dear Sig/Madam:
We are in the process of trying to clear the title for the property situated at 1
Windt ist Farms Road, Lot 1, North Andover, Massachusetts. Please find enclosed a
completed Form J (Lot Release Form) in connection with the above captioned matter.
Said form has been signed by the Registered Land Surveyor.
Please present the same to the Planning Board and have the proper parties sign
said Release. Once said Release has been executed, please return the R.el e se.rto this ;
office in order that we ins inay record the same with the Registry of Deeds, If any additional
information is needed, please feel foie to call this office for asistance. Thank you for
giving this matter your attention.
Very truly ors,
BROADHURST TABIT LLP
{
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Enclosures
ON E FLM SQUARE VE MA 0 1810 P 97847 • 54 5 978,470i3464 bt11@verizo .net
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RO DHURST LAKIN&LAKIN Fax:9704703464 Mar 22 2007 9:44 P. 0
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From: 'I POIKO.nary r
Sent -Tuesday., March 131 2007 la,,,26 AM
C � ,Lincoln
Subject:;trot rele
er Attorney Broadbursto
a r 1 ndkist,Farms Road,; I WilIPlaC6,-
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e prod _ het attend should the Board have gstIons
t matter
under discussion for#fie MO
r t Planning Board meeting. P4 ,
o this Matter. W meet at : o porn a
NorthAndover Town Hall, +"I� I�,�'II Street, �'�Saar conference rot .
Sest personal regards,
Mary Ilita
Town of North.Andover
od
ICI r� i epa rte
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Skid~ 2 ,Suite.2.-30.-
Norio Andover, MA
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FORM
LOT RELEASE
The, undersigned, being a majority of the Planning Board of the Town
of Nortli Andover, Massachusetts, hereby- certify that
. The requirements for the construction of ways and miinicipal
s r ' es called for the Parformance Bond or 5Qrety and dated
, 2 - and/car by the Covenant dated
1 n d d in District
} a g e r2zz. 0 or register'ed i
Lard Registry District as Diat
Inc. and Hated on certificate of Title: Not
in Registration Book Page
has been completed/partially. coed, to the ..,
satisfadtion of the Planning Board to adequately serve the
enumerated lots shown on Plan entitled
Set fee r
. tad s , re Or ed by tea
, r
r st r . d nd .sty District,Deeds,t, Plan Book
Registry of Plan Book 2
Plan , and sad lots are hereby released from the
restriction as tO sale and building specified eo .
Lots designated on said Plan as follows : Lot Number and
street s
b- o be -attested, by a Registered Land Surveyor)
I# hereby rti y. that lot litimber � '� ''.
� '�� het
Conform
laYOUt as shown on Definitive Plan entitled
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The 'down of ,forth Andover, a Municipal corporation situated in
the County of Essex, Commonwealth of MassachUsetts, acting by
its duly organized Planning Board, holder Performance
Bond or Surety datedand/or
Covenapt dated 19 from
of the City/Town o
County, Massachusetts recorded with
the District Deeds, Book Page
or registered in Land Registry DistriQt as Document N .
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
s fellows:
]EXECUTED as a waled instrument this 3rd day o f
Majority of the
P
Planninq Board
of the Town of -"�
North- Andover ..
.r
oMMo TW , -off` MASSACHUSETTS
IL 9
LSSP Y
Then persQnally appeared one of the above
Y
members of the plarininq Board of the ow of North Andover,
Massachusetts and acknowledged the foregoing instrument to be the
free act and deed of saidPlanning Board, before me
Notary Public
My Commission Expires
of
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LOT RELE SD
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Theundersigned, being #e o h Plana ;
' + In Beard of the n
oNorth Andover, X s e C e ' , h r r certify that:
i
► The require m n s for the conSttuction of ways and MMnlcipal
ry
,cels Oalled for the Performance Bond or $Lirety and dated
/ 7 19+ �i � o r by
CoVenant dated
' 19 ,, and r i District Deeds,
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Ry District oc�jjnen
NQIIand noted on k. i-ficato of Title No,
Jn � je okPage
has beencompleted/partially o---
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t
ati'sfar�t on of
thG Planning Board o d serve the
r� era lots shown Plan •" *` �'~ -`• t
Section Sheetst
I ain d dmoot '
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RegiStry of Deeds Plan . 0,,
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registered i • said Land Registry
A � Plan Plan
Book`
^estr { , said o are hereby released from the
Tc'
a,9 t6 sale and building specified :thereon
Cats designated an said Plan as follows ; o
street +
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Land Surveyor)
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hereby.d op
ys��y , y
certify. timber
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Conform o i ,
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n of North Andover, a municipal corporation sli
the County o f E s s exf Comma nwe . u s att s act:ik.nq by ,
i t s duly o g Planning Board, holder of a Parformanoe .
Bond or. Surety dated -- • _� 19 and/or
* Covenant dated from
_ of the City " of
Counter, Ma8sachusett.9 Gr c d d with
the District Deeds, Book Page
or ragistoredin Land Registrar District as Document No,,
and noted on Certificate Title No. in
Re4i._iitrati.on Book, Page acknowledges
satisfaction of the terms thereof and hereby releases its �
title and interest in tha lots d tign d d plan
s
EXECUTED as a sealed instruMent this 3rd day of '��be, �7
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14ajority of the
up
PlanniAq Board
df
t
the Town Qf -
North Andover07
COMMONWEALTH -OF MASSACHUSETTS
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Then personally appeared L one� of the above
members of the Plaiiniriq Board of the Yawn of North Andovert
Massachusettsand acknowledged the foraqQinq instrumentto the
free act aad d:eed of said Planning Board f before meo
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Town of North Andover ItAo
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COMMUNITY DEVE LOPMENT AND SERVICES � .:• ,.
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27 Charles Street o ,
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North Andover, Massachusetts 1 °�*� � ,r`�,�
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July 14, 199
Mr. William Barrett
1049 Tumpike Street
North Andover, MA o 1845
RE: Street Acceptance for Windkist Farms Development
Dear Developer:
The Planning Office is in the process of assessing active subdivisions to determine the
compliance with the approved plans and the decision. our goal is to assist you i
reaching street acceptance with a completed project, In going through our files, we
noticed that you have documentation required to be submitted to our department to
maintain compliance with,the Town of North Andover Subdivision Regulations and the
Notice of Decision issued relative to your project. In the absence of this in ornm to ,
you will he unable to get your street accepted.
n the ollo age, please fmd a detailed list of information we will need in order for
you to get your street accepted. The list may refer to conditions in your Notice o
Decision, which we are attaching for you to easily refer to.
Additionally, I would suggest that you set up a meeting with myself, so that I may
explain to you what is left in your subdivision to be completed. At that time we can also
schedule are inspection of your subdivision by the Department of Public Works at a
mutually convenient titne in order for you to be ready for street acceptance.
This list is only a preliminary i review, and there may be more items outstanding that need
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to be completed once are inspection has been conducted. Upon fi their review your
subdivision, we will compile a more detailed comparison of your decision(s) and the
rules and regulations as it relates tok"Your subdivision..
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BOARD OF APPEAL3 88- 541 BULLDINo 688-9J45 CONSERVATION - 30 HEALTH 688-9J40 PLA", FIN 6 8- 35
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am also attaching street acceptance guidelmes with sample letters for you to utilize and
inform you how the process will work.
Sincerely,
f
Heidi Grimm
Town Planner
Cc: Tim Willett, D.P.W.
Jim Rand, D.P.W.
William Scott, CD&S Director
Board of Selectmen
Attachments: List of outstanding Items, Samples of Certificate of Compliance, Warrant
Au-tide & Stone founds, Notice(s) of Decision, Street Acceptance
Guidelines
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' M Z LISP' .�. OUTSTANDING S .N NG ITEMS FOR WINDKIST FARMS
i The following items are presented In t i ect' i
sections.. Section � the decor � �
information required. The information checked this section is considered missing or
incomplete; Sect-ion 2 are the items rissmg or incomplete as required y the Notice of
Decision for the PRD, if applicable. Sections 3 are the rcmaim' .g ;teas missing for the
Subdivision Decision. The numbers for sections 2 and 3 represent the item n tnber in the
respective decision.. Please review your enclosed decision carefiffly to coordinate with
thisafor do , Rather than handle each issue separately we Nvo ld recommend that all
of t .e necessary research to resolve all of the below issues be conducted prior to
contacting the anng Office. This will insure that meetings to resolve these issues are
productive.
Section one
Recorded Decision
Recorded Plan
RecordedForm-1
Recorded Form-
Recorded Growth Management Fora
Recorded Form-
Section Two
Section Three
NOTICE IC of DECISION ITEMS — SUBDIVISION
Please provide with an as-built deostratfg coalitions:
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2. 7 (a)
3. 6 a _
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7 (b)
In accordance with section 9a of the subdivision rules and regulations of North Andover,
your must request a certificate of compliance for a street acceptance.
A copy ofthe subdivision rules and regulaiions areevadable in the Planning Mice located at 27 Charles
t et r•$ . . "recommend that u do not have a copy u purchase one. Obtaining specift
pages from the Regulations may not pro ide all of the information necessary to address your issue's.
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FORM M
CONVEYANCE AS M N S AND UTILITIES
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Patricia A. Lambert and Marylee �
Messina, Trustee of arina Realty 550 Boston Street,
Mort. Andover,
Trust � name of owner)of ,(address)
Essex County, Massachusetts; for the consideration of $1..00 , hereby grants, transfers and delivers unto the
Town of North Andover, a municipal corporation in Essex County, the following; 09 2 .:
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A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever
maintain I a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances,
(2) pipes, conduits and their appurtenances for the conveyance of water, and 3 a covered surface and
ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all
other acts incidental to the foregoing, including the right to ss aloe ,and fo he
fin ive gv&QheJaadIv sio
aforesaid purposes, in, through, and under the whole of - af e
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said plan is made and said plan is incorporated herein for a complete and
detailed description of said roads.
access u li constr5t�Rbe rain e
B. The perpetual rights and easements to use for r �'r use purpose
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the following parcel of land situated on Boston (Street) in said Town of
North Andover and bounded and described as follows
Lots 1—18 and the whole of Windkist Farm Road as shown on a plan of land entitled,
"Definitive Subdivision Plan Windkist Farms, located in North Andover,, FIA,"
record owners: Barina Realty Trust, 44 Great Pond Br. , Boxford, NSA.,► and
Patricia Lambert, 550 Boston St. 'North Andover, MA: Applicant: Ba.ri.na Realty
"gust, 44' Great Pond Drive, Box ford, ; Christiansen & Sergi Professional
Engineers ,and Surveyors, 160 Steer St, Haverhill, MAL 01830, Tel. 5 0 8 37 3—0 1 .
The grantor warrants that the aforesaid easements are free and clear of all lions or encumbrances, that he it
has good title to transfer the sane, and that he will defend the same against claims of all persons.
Gard. J. Capobianco and
Forgrantor's title see deed fromMargaret F. Gapobianco dated Juno 17 19 96 , and
recorded in North EsseX District egistr of'Deeds, Book 4528 , 'age 241 ,
r under Certificate of Title No. , registered m District of the Land Court,Book
Page F
This is not a homestead property.
To be completed if a mortgage exists:
And Conway a Capital Management La muted Partnership the present holder
of a mortgage on the above described land which mortgage is dated June , � n recorded
in said Deeds,Book 4528 , age 263
,for consideration paid,hereby releases unto the'Town forever m
jhe operation of aid mortgages, the rights and easements herein above granted and assents thereto,
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Ausi r f I1rortg ee carer fee ess. na, � ee Owner; Pam I. A.. amber
8wrized.er .�� dames n
the General Partner' ZConway�Ga talAanagementLam. cd Par
one � d f .
IN WITNESS WME RE OF we have hereto set our hands and see t
November � 19 96MAY'-� lt�t
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COMMONWEALTH OF MASSACHUSETTS
Essex Noverrber 6 199
ry lee Messina *[�
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`hen personally appeared the abovenamed and ac nowledged the foregoing to be
-their free act and deed, before tee.
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I otar'Public Russell A. Bodnar
My Commission Expires:
NOTE: This conveyance is not effective until accepted by Town Meeting,
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As sent'-to a k
Wainwright Bank and Trust Company, bys
K th en A. Leh
'ice President
Suffoitt SSbNov, L 1
Then PPer-zed the eve-nab Keen At Lynch and acknowledged
the eqaII"q tO be her free act and creed on behalf of Wight . ank rx Trwt I
man', before m
ary y
Assented to
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Uz=nwealtyh Qf Massachusetts
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Then appeared the aboave- �� and old ec
the forego=q to be his/her free act and deed oh behalf q the bank so
cina�, before m
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my =miission expires:
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�� X NORTH REGISTRY ..
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ENE: ASS.
A TR UEC PY. AT.ESA: _ .
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GRANT OF EASEMENT
, Marylee Messina, Trustee of Barina Realty Trust, u d t dated May 17, 1991-and Cj
recorded at Essex North District Registry of Deeds in Book 3 2 5 5, Page 2 5 1, o f 44 Great Pond
Drive Boxford Massachusetts in consideration t of one ($1.00) Dollar and other good and
valuable consideration, hereby grant to the Inhabitants of the Town of North Andover, a �
permanent right and easement as follows-,
The right to pass, repass and otherwise use Wind ist Farm Road as set forth plan o
lard entitled "DEFMTIVE SUBDIVISION LAN WIND .IST FARMS LOCATED I
NORTH AN, oVEF., MA, record owners: B rina Realty Trust 44 Great Pond Drive
Boxf'ord, MA and Patricia Lambert 550 Boston Street North Andover NfA Applicant-
Barina Realty Trust, 44 Great Pond Drive Boxford MA; Christiansen & Sergi,
Professional Engineers Land Surveyors, 160 Sunnier Street Haverhill XIA 01830, TeX.
No. (508) 3-o310, N 4 �
V 25'96 :39
Said easement shall run to the benefit of any and all purchasers of Lots I through 18 in the
above-described Wi d i t Farm, as well as to all other Inhabitants of the Town ofNort Andover,
Said Plan is recorded at North Essex Registry of Deeds immediately prior hereto as Ilan No.
129S7
Witness ray hand and seal this 19th day of November , 1996.
IYI
Barina. lty Trust,
By: Marylee Messina
COMMONWEALTH OF I A S S A`.CHUS T T S
Essex, ss. November 19 199
Then personally appeared the above named Marylee Messina, Trustee oBrina.Realty
Test and acknowledged the foregoing to be e free act and deed before rxe,
Russell A. Bodnar Notary Public
My Commission Expires: July 12, 2002
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AIA. 61.92- 1
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LS X,,-'NORTH G] Y OF&VIRENCE, SE MASS.
TRUEDS
COPY: T-I-ES `:
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