HomeMy WebLinkAbout1998-10-22 Legal Documents DEF SUB Now
FORNIi.
• COVENANT M, t�i� � ij
March ..9
• North Andover Massachusetts
' submitted an application datea-
�N b these resents that the undersigned has of a
Kt��vV ALL M Y p Planning hoard far approval
Jul 15 1998 � t� the North A
Y L plan by:
•lt•5'��n ❑ land entitl d: Lyons Way
definitive plan of a subdivision M.p. rn
,
Marchionda & Associates dated= '�� 98 — and dtiNTZ ,
address: 11 Old Boston Rd. T :
land located: Lyons Wa N. An
dersi ned has requested the
Massachus , and showing ? proposed lots. The un 9
Board to rove such plan without requiring a performance bond.
Planning B apP
• North Andover
in the county of
IN Col�iSll�lF3ATih1 of said Planning Board of the undersigned
Essex approving said plan without requiring a performance band, g
s app 5 h as
hereby
covenants and agrees with the inhabitants of the North
follows: �
• ' in fee simple absolute of all the land included 'in the subdivi-
1. That the undersigned is the owner P of the land, except for those
sion and that there are no mortgages of record or otherwise an any a this contract
• and that the resent holders of said mortgages have assented #
described d b$law, a P
P
rior to its execution by the undersigned.
wner, all must sign. "Applicant" may be an owner or his agent or
if there �s rove than one ❑ record must sign the covenant-
representative, or his assigns, but the owner of 9 w
P
not sell or convey any lot in the subdivision or erect or place any perma
2. That the undersigned will installation of municipal services
ildin until the construction of ways and
nent bu g on any tot
serve such tat has been completed in accordance with the covenants.
necessary to adequately se eci{led in the following:
conditions, agreements, terms and provisions as sp
apP
The Application for approval of Definitive Plan (Farm C).
b. The Subdiv• • w and the Planning.Board's Rules and Regulations governing this
�s�on Control Law
subdivision.
G. The certificate of approval
and the conditions of approval specified therein, issued by the
Planning Board, dated October 8..........r
Jified by the certificate of approval. � G�00 �W'Y"?
d. The deftin�ttve pian as a PPraved and as qu n�� --a �A:�F` :�
e. Other document(s) specifying construction to be completed, namely:
co
rn
remises by foreclosure or otherwise 2 X
However, a mortgagee who acquires title to themortgaged p an lot � �
owner of the mortgaged premises or part thereof may Sell or convey y . �
and any succeeding a i v 0
that artian of this covenant which pray., fe:�that via lot be sold or conveyed or shall
subj*ect only tat p
n until was and services have been provided to serve such lot.
be built upo Y �'
hall be binding upon the executors, administrators, devisees, heirs,
3, That this covenants 9 .
successors and assigns of the undersigned and shall constitute a covenant running with the land
sub division and shall operate as restrictions upon the Iona. CD
included in the M
• he subdivision shall be released from the foregoing conditions upon CL
4. That particular fats �rr#htr� t ma'o ' of the Planning Board and
the recording a
in of certtfcrate of performance executed by a i
� �o and
enumerating the specific tuts to be isle
5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this
entire arocl of land shown on the subdiv:span plan or of all lets not
covenant, of ecther the P
previously released by the Planning Board.
M&3.&acnusett3 Federation of Planning and appeais Boards 19T2
4Rt►YISI�d t984. 19B3.1Si8$�
20.17
l a[ o
r .
07�r It-efv A�epklj
Ti
t
6. That the undersigned agrees to record this covenant with the Essex Nor h County
Registry of Deeds forthwith, or to pay the necessary recording fee to the said Planning Board
h event the Planning Board shall record this agreement forthwith. Reference to this covenant
in the 9
shall be entered upon.the definitive subdivision plan as approved.
?. A deed of
an art 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, MsG,L.
S. That this
covenant shall be,executed before endorsement of approval of the definitive plan by the
Planning Board and shall tale effect upon the endorsement of approvai.
g. Upon final completion of the construction of ways and installation of municipal services as
specified herein, on or before
the Planning Board shall release this covenant by an appropriate
instrument Y
dui acknowledged. Failure to complete construction and installation within the time
specified herein or such later date as may be specified by vote of the Planning Board with a
written concurrence of the applicant, shall result in automatic rescission of the approval of the
PP
fan. Upon performance of this covenant with respect to any lot, the Planning Board may release
sucti lot from this covenant by do 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 one, or in part
by one and in part by another of the methods described in M.C.L., Chapter 41, Section 81-U.
as long as such security is sufficient in the opinion of the Planning Board to secure performance
of the construction and installation; and
t Massachusetts Feoetat ion of Planning and Appealz Boards 1972
20018
October 14 1227
For title to the property, See deed from
T.D.J. De v Co r_ o dated ...,...,..�
recorded In Essex North -Registry of Deeds, gook „.I�Bb5 Page
�49
07
wr7"7 imt:f
F".11
6
PJ
IN
'WITNESS WHEREOF we have hereunto set our hands and seals this - - -- ---. of
March 9 99 .
. 1
M.P.G. eal Cor . `
Owner
By:
Ri 91 a Pellitier Presi nt
By:
...A.n thony Mes vi� reasurer Acceptance by a Majority of the Planning Boara of
i
One acknowledgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
r
COMMONWEALTH OF MASSACHUSE'TTS
SS
Then personally appeared before me the above named �- and acknowledged
p Y free act and deed.
the foregoing instrument to be ,
�-
/6C,
Si*g=ure of Notary Pub1tC
My Commission expires /2U(J 1). 3
Mi5SaCt vsetts Feoeratton o{Pfannin4 and ADDealS BGdPdS 1f972
f Revtx❑ 1980. 19$3. 1988�
2.0.19
In
COMMONWEALTH OF MASSACHUSETTS
ss March 1999
�s
Then personally appeared the above named`- s; and acknowledged
the foregoing to be free act and deed, before me.
Notary Public
My Commission Expires-.Exp,*res-.kq 0 dJ13
COMMONWEALTH OF MASSACHUSETTS
ss March 1999
Then personally a eared the above - cis Ila J e-� 4 to • � ry p y pp b o e Warned � 1���.� �' and ackn��Iwd ed
F �
the foregoing to be h free act and deed, before me.
Notary Pub l is
My Commission Expires: eo s
COMMONWEALTH OF MASSACHUSETTS
SS March , 1999
Then personally appeared the above named and acknowledged
the foregoing to be free act and deed, before me.
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Essex, ss March , 1999
Then personally appeared the above named Richard Pellitier as President and Anthony Mesiti
as Treasurer of M.P.O. Realty Corp., as the Applicant or his/its authorized agent and
acknowledged the foregoing to be his free act and deed of the Applicant, before me.
Notary Public
My Commission Expires:
GAREAL-ESTIMES1TINOORE'S.FLLINQTARY3.DOC
r,
R f':
■
err" � ram~ r.
e u a a
Exhibit tel :#a tta :z �ice: j I a� Ij
For deed reference see deed from. T.D.J. Development Corp. to MPG Realty Corp. dated
October 10, 1997 and recorded in Essex North District Registry of Deeds at Book 4865, Page
349.
1:
: -W. .. h; t 6 .+'� +wR.
=...
• r • ..............•....: .:tr.:..il:.••.•.ir.'l.•....•...:1•:":ti•:...........:•1:........
Town of North Andover Planning Board
=I s=�;a sx �
�3 'n -� "x ems'r�ara acr �r� �'••�:
This form represents the schedule for allowing the following lots to be considered as eligible for
building permits under the Town of North Andover Growth Management by-law Section 8.7 of
the zoning by-law. Pursuant to 8.7 .5 this Development Schedule must be flied in the Registry of
Deeds and be referenced on the deed of each of the lots below and be filed with the Planning
Board prior to the issuance ❑f an building permit or permit for construction.
P y 9P
Name and Address of A l icant for Lots: Name of Development:
m P cv- Rea,I�r coc
l] of d b o s onr RAI
TeLu)<sbary, ()1876
-Mapand Parcel of Original Lot: IV4 P 16(0 a Lot 7a
Date of Application for Lots Division: 0'4 1 y 9 g
Lots Covered by this schedule: L.ot5 I�7 L.yopus wO '
The Planning Board by their signature below, or a signature of a duly authorized representative,
do hereby establish for the above named development the following Development Schedule for
the purpose of Section 8.7 of the Growth management By-Law. The applicant, their assignees,
successors and or subsequent property owners shall conform to the following schedule that limits
the eligibility of the following lots for building permits. This form must be filed in the Registry of
Deeds by the property owner or representative and be referenced on each deed for each of the
following lots. Such deed reference for the deed of each lot shall at a minimum reference the
book and page in which this Development Schedule is filed and contain the language : " This lot
is subject to a Development Schedule pursuant to the Town of North Andover Zoning By-Law all
owners, representatives, and future purchasers should avail themselves of said restriction by
reviewing the approved Development Schedule as tiled in Book: and Page
The fact that a lot is eligible for a building permit is subject to the limitation of the number of
building permits per year pursuant to section 8.7.2.d of the Zoning Sy-Law."
The Planning Board hereby schedule the lot(s) for the above development as follows:
Year Eligible Nu Y_.�� �� •���� :'•=_-_�. r"a
g Number of Building Office Use Building Office Use
Lots Eligible DatEl Lot Eligibility Notes
Dor'=o'•ete'�• Utilized
M
0
ir
67
Signature of Plannin and r o n ed Representative
Date
Signature f Property Owner,or uthorized Representative
` Date
Cot xwlghw
v W +0
P
l � �
FORM J
LOT RELEASE
The undersigned, being a majority of the PlanningBeard
Of North Andover Mass of the Town
Massachusetts, hereby certify that
a. The requirements for the construction Of an ways '
Y d municipal
services called for the Performance Bond or Surety and- dated
Dec., 11. 19 �_ and/or by the Covenant dated
G 19 and recorded in District Deed
s,
Book Page., _40 or 'istered
in
Land Registry District as Document
No- and noted on Certifisate of Title No.
in Registration Book . Page
g
has been completed/partially completed, to the
satisfaction of the Planning Board to adequately serve the
gu y
. enumerated lots shown on Plan entitled " � ` ' ' ' �10 F
DIQAt'
!� VIA Section (s) Sheets
o-
Plan dated , 19 recorded by the E-16_tx
� Registry of Deeds, Plan Book or
registered in said, Land Registrar District, Plan Book
Plan � �, and sAid lots are herebyreleased from the
restriction as to sale and building specified thereon.
Lots designated on said Plan as follows : (Lot Number s and
street(s) )
41. #5 04 444 7
0 4V�VS
40
b. (To be attested by a Registered Land Surveyor)
Y )
z hereby certify that lot number (s) on
I-YO A)_S W 4 Y Street (s) do
conform to layout as shown on Definitive Plan entitled
# � OPS /VdA#vdveP Section Sheet (s)
Re i tered Land Surve o
L A OF 444s
STEPHEN M,
MELESCIUC cn
No. 39349
1 of 2 ,� �y�
c. The Town of North Andover, a municipal corporation situated
the Count � in
Y o f Essex,ex, commonwealth of Massachusetts, actin l. organized�ed Planning g b Y
its duly g g Board, holder o f a Performance
Bond or Surety dated 19 and
/or
d/or
Covenant dated , 19 from
of the City/Town of
� , County, Massachusetts recorded with
the District Deeds; Book
Page
or registered in Land Registry District as Document No.
and noted on certificate of Title No. in
Registration Book, Page
sat' g , acknowledges
satisfaction o f the terms thereof and hereb rel.eases its
right title and interes Y
t in the lots des i.gnated on said plan
as follows:
EXECUTED as a sealed instrument this dayof
... 19
Majority of the
Planning Board
of the Town ❑f
North Andover
• COMMONWEALTH of MASSACHUSETTS s
' sz e 4 Cc
19
Then personally appeared ALLI Le_;"[Leau Inc of the above
members of the Planning Board of the Town of North Andover,
Massachusetts and acknowledged the fore oin instrument to be the
free act and deedg g
of said Planning Board, before me.
�22Z
Notary Public
My Commiss.Ion Expires
2 of 2
FORM
w'� Csm ray +rs �
o RM M I _ $r
�x�a Asa
rt7
~� CoNvEYA CE of EASEMENTS AND UTILITIES
weer of 11 old Boston Road Tewksb (address)
MPG Real '(name��� }
• $1.oo , hereby 'ants, transfers and delivers unto the
faun Ivla�sachusetts; for the consideration of ,
county, er a municipal corporation in Essex �aunCy, the following'. .
Town of North.Andav F i`P
' r remove replace, operate and forever
The erpetu�al rights and easements to construct, inspect, repair,
A. P manholeOP's, conduits and other appurtenances,
' sewer or sewers with �Y �
maintain (1) a sarutarY the conveyance of water, and (3) a covered surface and
(2) pipes, conduits and their appurtenances for y appurtenances, and to do all
an manholes, pipes, conduits and their app s,
ground water dram.or drains with y ass along and over the land for the A
Cher acts incidental to the fort and
including the right to p g d �+
o CA:in thrau and under the whole o€ Lyons Way to
aforesaid p�POSM, through, incorporated herein for a complete and
June 24 1998 said Ian is made and said plan is
detailed descnpdon of said roads.
Exhibit )
B, The Perpetv.ai rights and easements to use far purp o e s set forth on (descge�use/purpose
• situated on Lyons Way, o f r Campbell Rd��t-�'eet� in said 'Town of
the fo nowu�g p arcacl of Lan� sxtua
Forth Andover and bounded and descrxne.d as follows.
As shown on said Plan and as more fully described in Exhibit B hereto..
easements are free and clear of all liens or encumbrances, that he fit
The grantor warrants that the aforesaid cas claims of all persons.
d title to transfer the same, and that he will defend the same againstP � t ,�
has goo _ _ _ f-��-x f.I
T.D.J. Development ment Corp. ated October to , 19 97 and
For grantor's title see deed from p .
Page, 349
recorded in Essex North District Registry of Deeds, Book 4865 g
t-0
Co
homesteadproperty.. ' M
This is not a ho M
GD
w 0
Q��y�yyy
CD
CL
M lty Corp.
gY.
;
. B
Rich rd Pellitier, President Anthon Mes ti, Treasurer
IN VVrINUSS WHEREOF
we have hereto set our hands and seals this day of
March , 19 99 •
1t LI 1 e5IL6P L
? Y, _ A
UV . e ro
COMMONWE4 ALTH OF "SACHUSETI"S
Essex 55
March 19 , 19 99
-�-�-
Richard Pellitier as President of MPG Realty and
When persony PP
au a eared the above named Anthony Mes i t i Treasurer and acknowledged the foregoing to be
Realty Carp:free act and deed, before me,, and the free act and deed of MPG Realty Corp.
rotary Public
Ivey Commission Expires.
NOTE: This conveyance is not effective until accepted by Town Meeting.
. Y
Exhibit A _"n �; .
,t a y i Ma M ; a x �
DRAINAGE EASEMENTS:
A non-exclusive easement in common with all others entitled thereto including the perpetual
rights and easements to construct, inspect, repair, remove, replace, operate and forever
maintain surface and groundwater 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
pass along and over for the aforesaid purposes, in, through and under the whole of all of the
roadways as shown on the Plan and all of the easement areas shown on the Plan), in all
drainage easement areas shown on the plan entitled "Definitive Subdivision Plan, Lyons Way
prepared for Mesiti Development Corp." prepared by Marchionda & Associates, L.P. dated
6/24/98, as revised (the "Plan"), including without limitation, the following:
Drainage easement on Lot 4 including the entire wetland resource area located on said Lot 4
(Plan sheets 4, 6 & 7).
Drainage easement (including Sediment Basin) on Lot 5 including the entire wetland resource
area located on said Lot 5 (sheets 4, 6 & 7).
Drainage easement (including Porebay and Detention Basin A) on Lot 5 & 6 including the
entire wetland resource area located on said Lot 5 & 6 (sheets 4, 6 & 7).
Meaning and intending hereby to convey such perpetual easement rights for all drainage
purposes in and to all areas marled on the Plan as "Prop. Drainage Easement" whether or not
enumerated herein.
EASEMENT RIGHTS IN STREETS
A non-exclusive easement in common with all others entitled thereto in and to all of the
roadways as shown on the Plan for all purposes for which streets are used in the Town of
North Andover (including the installation of utilities), namely:
Lyons Way
G:1 RW LIK EEPILYONS W Y2.EA S
ash:ter a 'n a�x:,`
E I B I T B
The land in North Andover, Essex County, Massachusetts and being
more particularly bounded and described as follows:
PARCEL I: A certain parcel of land situated on the Northerly side of
Campbell Road, North Andover, Essex County, Massachusetts and being
shown as Lot No. 2, containing 43,998 square feet of land on a plan entitled
"Plan of Land in North Andover, Scale 1" = 20' dated December 14, 1972;
Owner, Richard T. and Ann M. Carney; Deed, Book 1175, Page 753,
Northern Associates, Inc., 278 Essex Street, Lawrence, Mass." recorded with
the Essex North Registry of Deeds as Plan No. 6777 and said parcel is more
particularly bounded and described as follows:
SOUTHERLY: by Campbell Road in two courses a total of
155.60 feet; thence
SOUTHWESTERLY: by land of the Commonwealth of
Massachusetts 270 feet; thence
NORTHWESTERLY: by land now or formerly of Carney 126.25 feet;
and
NORTHEASTERLY: by a fifty (50') foot way as shown on said plan
in two courses, a total of 353.34 feet.
PARCEL 2: A certain parcel of land situated in North Andover, Essex
County, Massachusetts and being shown as Lots A, B, C, D, E, F, G, on a
plan of land entitled "Definitive Plan of Land of Forest Estates, located in
North Andover, Massachusetts", dated December 11, 1978 and as revised
March 9, 1979, Frank C. Gelinas and Associates, Engineers and Architects,
prepared for Olympic Construction, Inc. and recorded at the Essex North
Registry of Deeds as Plan No. 8069. Together with the land designated on
said plan as Lyons way.
Being the same premises conveyed by T.D.J. Development Corp. to MPG
Realty Corp. by deed dated October 10, 1997 and recorded in Essex North
District Registry of Deeds at Book 4865, Page 349.
G:\REAL-ESIREXHIBITS\LYONSWA2.EX
,%-,A�-ved by Town Uerk
mew
FORM A RECEIVED
JOYCE BRADSHAW —
'TOWN CLERK
APPLICA"FION FOR ENDORSEMENT OF PLAN NORTH ANDOVER
B � I ELIPIED NOT T'O REQ UIRE APDROVAL
Z000 MAR 3 P 3* 31
7 000j��
io the Planning Board of the Town of North Andover :
The undersiqned W' i' shes to record the ac' companyina plan and requests
d2- termli nation by s, aid Board that approval by 1 �"� under the Subdivision
C'ontrol Law i' s not , required . The unders, 41 aned bL'el j eves that such approval
s n o t. r e-q u j r 112-d r'o r t.h e f o 11 o w i n reasons
1 The division of land shown on -the accompanyj no plan is not a sub -
divi -sion because ever lot shown thereon h-
y as the amount oT frontage
re q u 1� r\a-d by t",h e iNlo rt h An,do ve r Zo n j n g By Law an d j s o,n a p u b I i c way
namely c r a p r i vale way n a,me I y
L VJCLV beina and bounded as fol lows
�-ri..................... y 0-p
2 T h e di 1 s j o n o and h o 14 n en the e a c,c c m p a n y n Q p 'I an s net a s u b -
d i v 1 s i o n r'a r t h e f a I I o w i n g reason s
cur Veltf(r% MfiefS ZOP&t!9 4 9 r 0
Cea eg C 6"
-PO r U t"#0Q—S Q., of -ej vevojo—c-e
Ti t.1 P,- reverence i'l a r t h Es se X 0 ends 3 o ck P a a e 0'r
Ce r c a-t e o f T j t"". I e- N a . "
era t 1 an 3oo
7 K
Pane
Own er s s 1 c n a u r n d a d d
t-h e�-apoi i c an
T.........................
Pr Int amce M F6 pe4t+y Cote
1" can Address
100 1
S 4-111 11-f-lfe—cl F
A # Aft
JU as
r)[Of
Nc .
Received by Town Clerk ;
Notice to APPLICANT/TOWN CLERK of action of Pi anni ng Board on
accompanying plan :
? . The No.rth Andover Pl anni n Board has deter n 9 m ed that s ai d pl an
does not require approval under the Subdi vi s ion Control, Law ,
and the appropriate endorsement has been made upon the same .
2 . The North Andover Planning Board has determined that said n�
p a
shows a subdi vi s i on , as defi n e d by C . L . c . 41 , s . 81 -L , and
must therefore be re -s ubmi t t e d to i t f❑ r aQprova under the
Subdivision Control Law .
Very truly yours , 01
NORTH AN DO V EI P P LAIN!"I I N C B CA R D
By :
Date ;