HomeMy WebLinkAbout1995-1997 Legal Documents LAW C FICES OF RALPH R. J`_ CE
ELLIS BUILDING
95 MAIN STREET
NORTH ANDOVER, MA 01845
RALPH R. JOYCE (SOB) 685 - 4555
FAX 685 - 3148
Apr! 1 1 , 1996
Town of North Andover
KATHLEEN COLWELL , TOWN PLANNER
120 Main street
North Andover , MA 01845
RE : LONG PASTURE SUBDIVISION
[dear Kathleen :
Please accept t h i s letter as our request to release f role
t he covenant lot i and lot 8 only in t he above-cited
subdivision . These two lots have driveway access and all other
utilities on Forest Street and are not in any way contingent
upon any of the construction of Lang Pasture Road itself .
The Applicant in consideration thereof wi l l waive any
rights it may have under Paragraph 5-c of the Planning Board
Subdivision Approval and substitute therefore a paragraph to
the effect of requiring cash bond . This will al low the
developer to p roceed with construction on lot 1 and lot 8
together with the roadway itself and , by the time the roadway
is bound , we will approach the Board to post cash bond for
further release of rather lots within the subdivision . The Board
wi l l of course continue to be secured by lots 2 through 7
with-in the subdivision itself during the pendancy of this phase
of cast rust i on .
I further request that the Board , if it agrees to the
above request in principle , delegate to you all of he r
administrative procedures with respect "to Registry copies ,
etc . , before actually surrendering the partial release farm
Please advise if the Board has any concerns with this
proposal ,,
V/�y;./t l y i r s
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U LAW �' ' ����.� ���� ����� ���� ��, . .F- ����
` ELuS BUILDING
eswA|N STREET
NORTH AwoovER' MA 01e45
RALPH R. JoYCE (506) 685 ' 4S55
FAX a85 - o14e
April 1 , 1886
Town of North Andover
KATHLEEN COLVVELL , TOWN PLANNER
120 Main Street
North Andover , MA 01845
RE : LONG PASTURE SUBDIVISION
Dear Kathleen :
I enclosed herewith pursuant to my letter of even date `
the following supplementary documentation to support a partial
release of the Covenant on Long Pasture. subdivision :
1 ' 3 copies of the Plan as recorded in the Registry
2 . 2 copies of the Form I Covenant
4 . 2 copies o f t h e Roadway Easement a n d Form M Utility
Easement
5 . 2 copies of the Form J Lot Release
Please advise if there is any further documentation you
need .
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K 42"�
175
F0fX I.,
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May 16 r 1995 l.�
w MA
KNOW ALL MEN by these presents that the unders igned has
submitted an appl i.cation. dated August 28, 1987 - , to the NORTH
ANDOVER PLANNING BOARD for a roval. a Definitive �r Plan of �.
subdivision o f land entitled*. Der'ra.t�.ve Subdivision Plan Ling Pasturel an by,.
/VZ
Christiamen P. �
P n as e
dated: ray owned by.
Utha Flynn,, tee o 00 Lakes ITore Dr, r u= k.L � � f
land located ores ee
�4
and showing proposed lots. The undersigned has
requested the. Planning Board to approve such plan without 4\1
requiring a performance bond,
IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in
the county of ESSEX approving said plan without requiring a
performance bond, the undersigned hereby covenants and agrees
with the inhabitants of the town as followsdw
1. That the undersigned is the *owner in fee simple
absolute of all the land included in the subdivision
and that there are no mortgages of record or otherwise
on any 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.
CD
*I f there is more than one owner, all must sign.
"Applicant" may be an owner or his agent of record '4
go
must sign the covenant. ,
2 . That the undersigned will not sell or convey any lot in
the subdivision or erect or place any permanent
building on any lot until the construction of the wags
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 Planzo
a �
(Form C) .
bM The Subdivision Control Law and the Planning
Board's Rules and Regulations governing this
subdivision.
1 of 5
41= e9 Li 1 b
' t .f , ate o Approval.. end the co d it i o�S o
a�pp al spec .
ied her ,ss�e y the p�ann n
Board dated
r
d '� f i.n itive Plan as ' approv d' and as qualified
by Certificate of Approval.
specifically f ica l l
e. other document(s) p y construction to be
completed, namely,
However, a mortgage 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 provided that no lot be sold or
conveyed or shall be built upon until ways and services
have been provided to serve such lot.
34 rhat this covenant shall 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.
4 . 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
sprecif is lots. to be released.
5. 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 on the
subdivision plan or of all lots not previously released
by the Planning Board.
6. That the undersigned agrees to record this covenant '
with the North Essex 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. Ref erence to
this covenant shall be entered upon the Definitive
Subdivision Plan as approved.
I
i
7, A deed or any part of the subdivision in violation of .
the covenant shall be voidable by the grantee prior to
the release of the covenant; but not later than three
(3) years from the date of such deed, as provided in
!
Section 81-Ur Chapter 41, M,G.L.
6
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That this covenant shall be . euted before e�dsemet.
srn
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the!
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oaf �� � � �► a �.� upon � �� o sew n
o va l id cove ant shy 11 a �r� t � years fro
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e a e o �� endorsement
ement of the definitive plan4.
XF..:..:.......
.b
r : 9 0 Upon final completion of the construction of ways and
installation of municipal services as spec.f ied herein,
on or before the Planning Board
shall release this covenant 'by an appropriate
instrument duly acknowledged. Failure to complete
construct ion 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 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 f romf securing by one, or in part by one and in
part by another of the methods described in M.G.L. ,
Chapter 41, section 8 1-U, as long as such security is
sufficient in the opinion of the planning Board to
secure performance * of the construction and
installation,
For t itl e to the property, deed from Joseph J. Flynn.
�. p � Y r see t e . � 19$1
dated ' recorded in
No Nofth Essex Registry of Deeds, Book
•
Page `
, ..� .�,,.,. -ram r��-r�-D 9 e;a I W&I %0 j
A. ' r
a s ! r
r
Am
12 - IT nook
The present holder of a mortgage upon the property is
NONE of
peeu r
R rees
r a
esve
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r
3 of 5
2",
11% F b
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.:got ,Applicable AIM
e y
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is e
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IN WITNESS WHEREOF we gave hereunto set our hands and seals this
of r 149
t
ownei I�i. Fryni4, Trustee, y
Aj
LO
Pasture fealty Trust
s
Acceptance by a Ma j or1.ty
of the Planning Board of
NW-EAE.T-H---OF----__MAs ETTS. -
�` r i\ .
911
Then personally appeared before me the above named
and ' acknowledged the forego o in instrument �o..
g g
be free act and deed.
V_
N arARY SEAS -
Notar 'Public
" ELIZABETH A.
* ,� KCTA1Y 11U LIC;"'fA i OF F.o,:�DA AT i AR sE-
k �t or-f
I�HB MCommission ire 4
Iss 19
Then personally appeared b the above named
a acknowledged , foregoing instrument to
be ee act and deed.
Notary Public
My Commission Expires:
4 of 5
Town of North Andover t4ORT)i
0 110 0
OFF ICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Mam' Street
vsV
North Andover,Ma,ssachus,etts 0 1845
CH
April 18, 1996
Ralph R. Joyce,, Esq
95 Main Street
North Andover, MA 0 1845
Re: Long,Pasture,
Dear Attorney Joyce,
The Planning Board agreed to release Lots I and 8 upon the posting of a nominal $2,000 cash
bond. If you have any further questions please do not hesitate to call me at 688-9!535.
Sincerely,
... ........
........,
Kathleen Bradley Colwell
Town Planner
BOARD OF APPEA1.S 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEAUM 688-954O PLANNTNG 688-91535
FORM J
LOT RELEASE
The undersigned, being a majority 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 f o r Ift ffi a n e e &9.0=JL%64 1_1 U.W I-
4:9 6-6,tn i%;41 1.4 a,_4 4-F by the Covenant dated
.L%Iay I b f 19 and recorded in District
Deeds, Book 427-2 Page 17c;
en,
-e gi G -("
da Z;I net, e 94
-I- J-
ni
has been -t"/partially completed to
the satisfaction of the Planning Board to, adequately serve
the enumerated lots shown on Plan entitled if Definitie Subdivision
Plan of "Long Pasture" Section (s) Sheets .1-8 f
i.6 Plan dated re—v W 1/95 19 recorded by the
I
North Fzsex Registry of Deeds, Plan Book 12616,
Q
is Q;J Re ef J; k
L CLI I and said lots are hereby released
/
from the restriction as to sale and building specified
thereon.
Lots designated on said Plan as follows : (Lot Number (s) and
street (s) )
Lot 1 and Lot 8 only
b . (To be attested by a Registered Land Surveyor)
I hereby cert i fy that lot number (s) Lot 1 and lot 8 only
on Fores-E Street (s)
do conform to layout as shown on Definitive Plan entitled
T n Pasture Section Sheet (s) 1-811
Registered L n surve
Michael J. Serg
of 2
r
c . 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
+9- ►
Covenant dated May 16 , 19 96 from
Lon Pasture Realty Trust o f the City/'Town of �Huuoluxo FL.
g recorded with
the North Essex District Deeds, Book 4279
Page 175 Y
cg::i e
11 n r{1_t!'Yr t1 Yam ___ �1�1- n a e I= i r
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1.
k y
acknowledges satisfaction of the terms thereof and hereby
releases its right, title and interest in the lots
designated on said plan as follows :
Lot 1 and Lot 8 only
FEE=ED as a sealed instrument this 16th day of April
19 96
Majority of the
r
� u
Planning Board
of the Town of .�
North Andover
COMMONWEALTH OF MA:S SACHUSETTS
ES SEX Ss April 16 19 96
Then personally appeared Joseph V. Mahoney 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 Board, before me .
Notary Public
March 22, 2002
My Commission Expires
2 of 2 -
' y
}
FORM J
LOT RELEASE
The undersigned, being a mad ority of the: Planning Board of the Town
of North Andover, Massachusetts, hereby certify thato,
a W The requirements for the construction of ways and municipal
services called for the Performance Bond or Surety and dated �
z. l �`' and/or by the Covenant date. �
Mmml
19 ,�� and recorded in District Deeds, �
Book : Page ., or re. i st erect in
FR "Lind Registry District strict as Document
No., and noted on Certificate of Title No.
in Registration Book , Page
" has been completed/partially completed, to the
satisfaction of the Planning Board to adequately serge the
enumerated lots shown on Plan entitled
'F)4-s-
iffiw-amm~ M)Z Eff'
Section (s) , sheets
Plan dated _ r lq recorded by the
, ff- MA_ Registry of Deeds, Plan Book , or
registered in said Land Registry District, Plan' Boo �, ,►
Plan , and said lots are hereby released from the
restriction as to sale and build-ing specified thereon.
Lots designated on sa i.d Plan as follows: (Lot Number (s) and
streets))
IT
17
rRA,q-i
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s.�rerrr.w..a
h V .(To be attested by a Reg"stered Lana. Surveyor) NOU 1.2 x97 Ame4w �
I hereby certify tI
rn
lot rj er (s) x--
on ` ;�
- --Q ,l,..- Y street s do
confo to la out as shown on Definitive Plan entitled
d 4. � � S e t i o � sheet s;
A
7
a-11
_ 043
"�"a Lana Su or Re iste
y
l of 2 A
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C* The Town of North Andover, a municipal corporation situated in
the County of Essex, Commonwealth of Massachusetts, acting by
its duly organized Planni g Board, holder of a Performance
Bond or Surety dated I V V .-- -2 W~AAW�r 19 �77--- i and/or
C venant Aa e d ZUAV.ZL..�-I 19 from
of iK-4 C.'Lty/Town of
county, Massachu'set&s Arecorqed with
the ESSI District Deeds, Book Page
or register 9d7 n Land Registry District as Document No.
and noted on Certificate of Title No in
Reg3 stration Book, Page acknowledges
sat isf act 'ion of the terms thereof and hereby re leasesIts
right, title and interest in the lots designated on said plan
as follows,
ED as a sealed instrument this day of
. . _.., r 1 9
Majority of the
Planning Board L
of the Town of Y—�
North Andover
COMXONWEALTH OF XASSACHUSETTS
Essex SS August 19 97
Then personally appeared Richard S. Rowers
Playihi one o f the above
of--the-' -t6w' n of North Andover,
n4
Mas sachusetts and acknowledged the forego in.g 'instrUment to be the
free act and deed of said Planning Board, before me,
Notary Pub li-6UV
December 11, 2003
My Commission EXP142:eS
2 of 2
s
K 4,. e , PG 179
4 FORM l
' � AN OF EASEMENTS AND �LM�r
Long Pasture Realty Txust 8200 IzAleshor'e Drive
rAtha Flynn, Trustee (name of owner)of2M2lU-)0.rFL 33462 jaddress)
for the consideration of 1.00 , hereby grants, transfers and delvers unto the
Town of Forth Andover, a municipal corporation in Essex County, the following; }
perpetual rights and easements to construct, iect ns ; repair, remove, replace, operate and forever
A. The perm g P
maintain (1) a sanitary sewer or sewers with any manholes, pipes, cnndidts and other aggurtena-uces,
(2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered surface and
ground water drain or drains with an manholes, pipes, conduits and their appurtenances, and to do all
grow Y P P
other acts incidental to the foregoing, including the right to pass along-and over the,land for the Ito
• whole of Lod Pasture Rom. dated
aforesaid u oses, in, through, and under the hoe g .�,
May 1. 99 , said plan is made and said plan is incorporated herein for a complete and
detailed description of said roads.
B. The perpetual rights and easements to use for see Exhibit A (describe use/purpose)
the following parcel of land situated on (Street) in said Town of
Noah Andover and bounded and described as follows:
See Rddbit A appended hereto-.
nt re free and clear of all liens or encumbrances, that he (it)The grantor warrants that the aforesa.�d easeme s a
has good title to transfer the same, and that he will defend the same against claims of all persons. ,
i
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For grantor's title see deed from Jos J'. F1VM dated S.Qpt - _, 19 and
recorded in North. Esse-District Registry of Deeds, Book 1551,r �► Page, R 6A 0 LG C�
rem, f
This is not a homestead property.
To be compteted if a mor[a3t,1c eXIsts: ONE
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rot taa= Oil Mk, ULJUY; 7 w , j,,ff
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"4 c-I,I.-A.V r I A th' F l.ymn 'I'.�..�us tee of
I►on Pasture Rea lty Trust ,
IN �'��1TNESS WHEREOF we have hereto sct our hands and seals this -_ �- day of '
19
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EXHIBIT...-:A
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Now comes Long Pasture Realty Trust by Litha Flynn,
Trustee, under declaration of trust dated September 2 , 1981 and
recorded in the North Essex Registry of Deeds in Book 1551 ,
Page 84 , and does hereby convey to the Town of North Andover
the following specifically described easements for all purposes
a' •
iV.
for wl,1ch ways are used in the Town of North Andover and for
the maintenance of sanitary sewers , pipes , conduits and
appurtenances thereto necessary for the conveyance of water and
drainage plus all and any manholes , pipes and conduits and
other appurtenances necessary thereto, and for the purposes of
repairing, constructing and utilizing any and all utilities
including, but not limited to, the transmission of gas , .
electricity, cable television and telephone lines , meaning and
intending to supplement and convey all easements as shown on a
"Definitive Plan `Long Pasture ' Located in North Andover MA"
Christiansen & Sergi Professional Engineers and Land Surveyors ,
Record Cwne rs : Long Pasture Realty Trust , Dated May 1 . 1995 and
recorded in the North Essex Registry of Deeds as Plan
# 1c hereinafter referred�, f d to as t h e Plan. T h e easement
areas effected hereby are as follows .-
1 . The right to use , including the right to pass and repass ,
the way shown as Long Pasture Road on said Plan and to
make such use there of as public ways are used in' the Town
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being
de.
The drat
easement located on Lot . g
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easterly Forest St. 11 45 feet northerly "
- -
w
zn Lot 1
Land cont a .� feet e d Y Y _
_ -r
land contained in Lot 1 , 1.11 0 52 feet and southerly o
•T-
' ns1 51 feet . = W-
now o r formerl of Plisi 68 . n
land Y _
: - -
intending to - convey drainage rights with all ap p Ur Ana=e =--
thereto in the area shown on Lot 1 entitled NDr- it- :gam
Easement" C-ts shown on said plan.
L
3 , The drainage easement located on Lot 1 being bounde
northerly and easterly by the arc at the intersection o
Forest Street and Long Pasture Road having a length o4
43 . 63 fee' ; southerly by other land contained in Lot 1
25 . 00 feet f--� westerly by other land contained in Lot 1
y
25 . 00 feet . Meaning and intending to convey drainage
rights with all appurtenances thereto in the area shown of
Lot 1 entitled "Drainage Easement" as shown on said Plan . .
4 . The drainage easement located on Lot 7 being bounded
southerly and easterly by an arc at the intersection of
Forest street and Long Pasture Road having a length of
55 . 38 feet; westerly by other land contained in Lot 7 ;
k
25 . 00 feet; and northerly by other 1C:nd contained i=n Lot
7 . 25 . 00 feet . Meaning and intending to convey drainage
rights with all appurtenances thereto in the area shown on
N
4 tj 7Z"I
_.n_ entitled... :.
, .. "Drainage Easement"n
as sh 0on said Plan
Jelr:
The drainage 1
easement s e�e n
oc a t e d o n Lot 8 being bounded
th norerly by land. now or formerly: erly of 'edge, 50 . 00 feet;
westerly by other land contained- in dot 8 4n two courses ,
50, 00 feet and 35 , 83 feet* sou
therly by other land
Contained in Lot 8 , 35 . 00 feet; and east'er.ly by Forest
Street, 70 . 00 feet . Meaning and intendingto
convey
drainage rights and all. appurtenances
� es thereto in the arera
shown on Lot 8 entitled "Drainage Easement"
as shown on
said Plan.
5 . The drainage easements located on
Lots 6 , 7 , and 8 being
bounded southwesterly by Lon Pasture
e Road, 195 . 00;
northwesterly by other land contained in Lot
s 6 , 7 and 8
in two c3ourses a total distance. e of 233 . 03 feet;
northeasterly by other land contained ntalned in Lot 8 , 170 . 94
feet; and southeasterly by other Land co `
contained In Lots 6 .
7 , and 8 in three courses a total distance of 336 . 40 feet .
-leaning and in tending to convey drainage rights and a1.1 .
appurtenance s thereto in the area shown on Lots
6 , 7 , and
8 entitled "Drainage Easement" as show `
n on said Plan.
7 , The drainage easement located
on Lots 2 and 3 being
bounded northeasterly by Lon Pastur
e re Road , 105 . 84 feet;
southeasterly in three courses b other r land contained In
Lots 2 and 3 a total distance
of 270 . 53 feet;
S
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4
nd cootain
t '1 in two courses of er. aed in
_ ... _
., a 3 tote distance of 0 14 *
xx Lot and and no r t hwe s t e r Z
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y b - . other land contained in Lot 3 125 . 00 feet . Meaning and
intending to convey drainage rights and all appurtenances
thereto in the area shown on Lots 2 % and 3 -entitled
I:Drainage Basement" as shown on said Plan.
8 . The night to utilize the area located on Lot 1 and
identified on the' title page of the plan as a "Road
Widening and Utility Easement" , meaning and intending to
convey the right to widen Forest street for all purposes
for which public ways may be utilized in the Town of North
i
Andover , including, the right to pass and repass and
install utilities , , on the following described portion of
Lot 1 : Beginning at a point at the corner of the stone
wall at land now or formerly of Plizinski at Forest Street
and thence running westerly, 10 . 03 feet; thence turning
and runninng northerly, 279 . 87 feet to a point in the
southerly line of Long Pasture Road; thence turning and
running easterly by the southerly line of long Pasture
Road by an arc having a length of 23 . 18 feet; and thence
turning and runing southerly by Forest Street , 260 , 03 feet
to the point of beginning. Meaning and intending to convey
all rights in the area located on Lot 1 labeled on the
title page of the plan as the "Road Widening and Utility
Easement" as shorn on said Plan .
BK
4awl PG 185 .
i The right to �t��Z e the are located on Lots
7 and 8.Jy w ident if ied as a11101 fide tit i 1 ity and Read widening
Easement" , meaning and intending to convey the right to
widen Forest Street for all purposes for which Public ways
may be utilized in the Town of Forth Andover, including
the right to pass and repass and install utilities on the
following described portion of Lots 7 and 8 : Beginning at
the corner of a stone wall at land now or formerly of
Wedge at the intersection with Forest Street and thence
running westerly, 10 . 27 feet; thence turning and running
southerlry by other landn contained in Lots 7 and 8 a
distance of 251 . 43 feet to the northerly line of Land
Pasture Road; thence turning and running easterly by the
r
arc of Long Pasture Road a distance of 65 . 38 feet to the
stone wall at the westerly line of Forest street; thence
turning and running northerly by the stone wall on the
westerly line of Forest Street, 229 . 110 feet to the point
of beginning . Meaning and intending to convey all rights
in the area located on Lots 7 and s entitled "10 ' Wide
Utility and Road Widening Easement" as shorn on said '
Plan.
10 . The right to install pipes , conduits and manholes for the
transmission of water with all appurtenances thereto as
further defined by an easement granted from Robert J .
Martins and Margaret E . Martins to Long Pasture Realty
Trust , Litha Flynn' Trustee , and recorded herewith .
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3F,
The right to 11'1stal l
pipes., onduits and manholes for the
- ;µ trnsmiss�.on: of water with all appurtenances thereto on
following
the deco d •
tportions of
a - described Lots
3 and � .
n $f'glnning at a point In the westerly Zine�
cif Long Pasture
Road and running southeaster) b
.: �' Y an arc an the westerly
i��e o f Long Pasture Road '
f ad having a length of 20 . 56 feet;
r thence turn *
- g and running southwest' .
e_ southwesterly 7�3 . 35 feet,
thence turning and running southeasterly 95 . 75 feet •
thence turning and runnin
g southeasterly 107 . 61 feet;
thence. turning and running southwesterly 20 . 00 feet;
thence turning and running by the stone wall",
115 . 00 feet;
thence turning and running northwesterly 111. , 29 feet
thence turning and running northeasterly90 . 97
feet to the
Point of beginning. Meaning and intending to Canvey the
right 'g to lay water mains and all appurtenances there
to in
the area shown on said plan as a 1120 ' wide Wa
ter Easement
as loctaed on Lots 3 and 41
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