HomeMy WebLinkAbout1999 Legal Documents - BROOK FARM DEF SUB v
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The undersigned, being a ma3 on ty of the Planning Board of the Town
of North Andover, Massachusetts, hereby certify that
a.. The requirements for the construction of ways and municipal
services called for the Performance Bond or Surety and dated
19 99 and/or by the Covenant dated
19 �� and recorded in District Deeds,
Book 5352 Forge 354 or registered in ..
.rrrrrr..r-+.�r.r■wrNrrrrwr.rr.r n•�r.� Land Registry D istr! ict as Document
No. and noted on Certificate of Title No.
in Registration Book , Page
has been completed/partially completed t to the
sat is fact ion of the P1 ann ing Board to adequately serve. the
. enumerated lots shown on Flan entitled " Brook Farm Sub.di.vision
Section W , Sheets �11,
Plan dated Ma ��+ , 19 98# recorded by this sox
t h Registry of Deeds, Plan 13 4 T6 or
,registered in said Land Registry Distract, Plan Book ,
Plan , and said lots are hereby released from the
restriction as to sale and building specified thereon# to
*Revised 7/7/95 M�k
Trots designated on said Plan as follows: (Lot Number (s) and Cn
street(s) )
Late 1 thru 7 , inclusive, Christian Way Ext. , N. Andover, MA
b. (To be attested by a Registered Land Surveyor)
I hereby certify that lot number (s) iWo 7 lac %IC on
�r' S treet(s). do {
conform to layout as shown on Definitive plan itl.ed
� - Section
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60,OOK 4MPOW FAOM ,'fir RI HAW
D&Tato 3VUS. ;)-90 1099
Regist eyor
Vry
STER
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AMID ap
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c a The Town of North Andover, a municipal corporation situated in .
the County of Essex, Commonwealth of Massachusetts, acting by
its duly organized Planning Board, holder of a Performance
Bond or surety dated 19 and/or
Covenant dated , 19 from
of the City/Town of North Andover
............. County, Massachusetts recorded with
the Essex North District Deeds, Book , Page
or registered in Land Registry District as Document No.
and noted on Certificate of Tithe No. in
Registration Book, / Page If acknowledges
satisfaction of the terms thereof and hereby releases its
right, title and interest in the lots designated on said plan
as follows."
Lot I thru 7, inclusive, Christian way Ext. , N. Andover, MA
EXECUTED as a sealed instrument this �L.day of ICU 19 99
N
Majority of the
Planning Board
of the Town of
Forth Andover
COMMONWEALTH OF XASSACHUS19TTS
ssey ss 19
Then personally appeared jjtl- g 11 Ze,&CarkC one of the above
members of the Planning Board of the Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be the
free act and deed of said Planning Beard, before me.
4
Notary Public Vq
My Commission Expires
2 of 2
Iva 2775
COVENANT
April 27 lg. ..,�.
yr Andover-. KC
KNow A" MW by thes4a presents that the underrsigned has
. . submitted an application dated lQ ld 8 , to the North Andover
Planning Board for approval of aDelin t ve Flan of a su v s on
• of land entitled$ Brook Farm in North Andover Mass.
plan bys erin r nsw1 s r
dated by: 1 _ S8owrr�e Margaret Antonelli--.0
address t !j1Z.....Gatewood.,Dri r•ve Alexandria V r n a
-land locait z qff Qbriatian :
and ethowi rig propoGed latev T ere gne r as equestred
the Planning ,,,_,award to approv* such plan without requiring a
perfornance bond. .
IN CONSIDERATION of said Plwming Board of North Andover $
-An the county of Essex approving said plan without
�csquiring a per forMwc; bond. t e undersigned hero covenants
and agrees s with the inhakbitanto of the towan folly s t
. .t a 9 r-
. .: - 1. That the undersigned is the *owner in fee simply
` '= absolute of all the land included in the suhdivisian and
Chat there are no mortgages of rocar d or otherwise on •
any of the land, except for those described below# and
that the present holders of said wortgages have assented
to this contract prior to its execution by the
undersigned. .
_ *It there is more than one owner, all•must sign. • Ic
"Apex icant" may be an owner or his agent or
rrepresentative# or his assigns# but th■ oarner of .
record must sign the covenant. .
2. That the undersigned will not se11 or convey any-lot in
the subdivie Wn or erect or place any permanent building -•
on any lot until the construction of gays and +. {
installation of municipal sorvices necessary to '
adequately serve such lot has been completed in
accordance with the covenants, conditions* agreements,
terms.and provisions an specified In the followings
a. The Appliaaition for Approval of Definitive Plan
Worce C)„ •
bf The Godivislon Control Law and the pleming WMxd-86
• Rules and Regulations•govexning this subdiviaiM40
d• The Certificate of Approval and the' coed i t ions of
;r approval specified therein,* issue by tho Plaming
Baud, dated
'Pots Iof4
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BK2775
d. The Definitive Plan as appr*ved and as qualified by 40
.�t certificate of Wroval,
e. tither dxment[a 3 apeci fying construction to be
Completed M n,amelyp
'A
uQweVelr,p a sortg ages a who acquires title .to the mortgaged
� �
promises by foreclosure at otherwise and any succeeding
neer of the mortgaged premises or part thereof may Bell
ct .
or convoy any let, subject only to thatportion of this
covenant whfc`h Provides that no lot be sold or conveyed `.
ow $half. be built upon until ways and services have been
provided to serve such l.ot. �
3* That this covenant shall be banding upon the executors,
admiestratorn o deviseeees, 'heirs, successors and assigns of
the undersigned and shall constitute a covenant running �
with the sand included in the subdivision and esh►11
operate as restrictions upon the land. _
4. That particular lots witbi.n they subdivision shall be
released from the foregoing conditicres upon the
recording of a certificate of performance ax+ecuted by �
Majority of the planning Board and enowerating the + :
specific lots to be reeleased t
Sw That nothing herein shall be deemed.to prohibit a
conveyance by a single deed subject to this covenant# of ,
either the entire parcel of land shown an the .
subdivision plan or of all lots not pravfovsiy released
' th■ Planning Board.
#�. That the undersigned agr**a to record this covenant with �
the Esaex North County Registry of Deeds* forthwith#
or to pay the necessary recording fees to the: said ,
•Planning Board in the event the Planning Board shall
record this agreement forthwith. Referesnce to this
covenant $hall be entered upon the De f i ni t i vee -•
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 y butt not later than three
(3) years from the date of such dead, as provided in
r
Section 81-U. Chapter 41, HoG.L.
B* That this covenant shall be executed 'before endorsement ,
of approved of the definitive plan by the planning Board
and shall take *f f act upon the endorsement of approval• }:
Said covenant shall expire two years from t'he data of
endorsement of the definitive plane
raga 2 of 4 ••
52775
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g. Upon final completion of the construction of Kays and 135-
installation of municipal services as specified herein. 5,
on or before r they planning Board
Shall release t e bovenaht by an appropriate '
instrument# duly acltnowl.edged. Failure to complete
construction and installation within the time Specified
Aterain or such later gate as may be specified by vote of
the Planning Soard with a written concurrence of the
applicant* shall result in automatic rescission of the
Approval of the plan. upon performance of this covenant
• with respect to any lot,, the Planning Board may release
such lot from this covenant by an appropriate instrument
duly recorded.
10. Nothing herein shall prohibit the applicant from varying '
the method of securing the construction of ways and =
installation of municipal services from time to time or
from securing by once R or in part by one and in part by
anotbec of the methods described in M.G.L.. Chapter +41.
Section 81-U& as long as such security is sufficient in
the opinion of the planning Board to secure perfornance
' of the construction and installation. .•
For title to the property, sea deed from Paul (:. Campbell
dated Sept, 12, 1983 recorded n .
sex IMMINRegistry at e ac`;,Book 1725
Page _ 225 ....+ or registered in Tind .
Registry as Document No. • an no on oZrtllic4te
of title NO. , In Registration Book , Pages '
The present holder of a mortgage upon the propeity to
none) of •
i T e mortgage is Mated WNW Re"or
In Relistry Of Voodoo k
Page or registered in Lartd '
' Registry as Document No, and no,ted on certx icatea
of titles No. ` in ation Book . Page
' The mortgagee agrees to hold the tgage subJect'
to Me covenants set forth above and agrees that the
covenants shall have the some status# force and effect as
though executed and recorded before they tatting of the ,
mortgagee and further agrees that th* Sortgager sha11 be
subordinate to the above covenant.
Theodore Antonelli , spouse of the
tit�rders gn appl cant 'hereby agrees that ■uCh tftttrist sE Is .
. we may have- in the premises ■ 411 bs ■ubjeat to the
. provisione of this covenant end insofar as is •nee*sasarY
releases all rigbts of tenancy by the dower or hmostead MW ..
other interest* therrslne
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Zm wxTu SB imRwRF we uve hereunto e*t our hande and stag a
thf a _Tt1�1.. of A x'3.� R l9 88 -
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Acceptance by a jor ityr A
• of the Plannko Poard of
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OLkMRWRlli.TR OF msshcuus m
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• June 306 1988
rNm-porsomlly appeara4 tb* eb&vs name George Perna and acknovladgee
the facosofts ftotrummt to be he free sect wad deed before me.
NOTARY PUBLIC
144 Oct.
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MY comivsi��.I�AA W lot
° accorded July 28,1988 at g: 5M hMW35 -
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