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Home My WebLink About2013 Street Acceptance Red Gate Lane r URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 CAROL HAJJAR MCGRAVEY Telephone 978-475-4552 OF COUNSEL, Telephone 617-338-2200 e-mail chm@uf-law.com Telecopier 617-338-0122 September 1 9, 2013 Joyce Bradshaw, Town Clerk North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: STREET ACCEPTANCE RED GATE LANE Dear Joyce; Enclosed for your records are the original recorded documents related to the Red rate Lane street acceptance. Please let me know if you have any questions. Very truly yours, Prolj ar McGravey CHMlkmp Enclosure cc: Bruce Thibodeau (w/enc) Gene Willis (w/ene) Judy Tymon (w/enc) Owp511workln-andovelcorresp%radsliaw.Itr-red gate lane.docx COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH AND OVER, MAS SAC HUSETTS BOARD OF SELECTMEN ESSEX, SS We, the undersign di, Selectmen of North Andover, in said County of Essex, upon petition for the laying out of RED, GATE LANE as a public way, having, first given notice, as required by law, to the owners of the several lands over which said way is:to be laid out, and having met at North Andover Town Hall in North Andover on Monday, May 6, 2013, at 7:00 p.m., having previously examined the premises and having heard all the parties at said meeting who desired to be heard, do hereby declare that public necessity and convenience require the aforesaid way to be laid out and do hereby order and direct that said way be laid out as shown on a Plan of Land entitled "Layout Plan of Red Gate Lane Located in North, Andover, MK;, prepared for the Town, of North Andover, MA, by Wayploint Surveying Services; scale 1 inch 40 feet; dated March 25, 2013; to which plan reference may be made for a more particular description of the way as so laid out, a copy of which plan is filed herewith in the Office of the Town Clerk, North Andover, Massachusetts. And the Selectmen respectfully report such laying out of said Way to the Town for its acceptance and allowance. IN WITNESS WHEREOF, we, the said Selectmen have hereunto set, our hands and seal this 6th day of May, 2013. Or U, William F. Gordon, airman 10 j'i Rosemary "onnelly Sme, ......... 0A 2 ov D o n Oall B. Stewart 00 Richard 11,��"Vaillanco rf 1 '001 T r, cy M. atson 0/ Bik 13508 psji 300 1W 16957 QUITCLAIM DEED 1, Ricnaraa D l 're,Tstee, of the Whispering Pines Realty Tru st,u/d/t dated May 1,Ia ru i 2006 and recorded with the Essex North Registry of Deeds at Book 10 182, Page 10, of North Andover, Massachusetts For consideration paid of One and 010/100 ($1.00), Dollar Grant to The Inhabitants of the Town of North Andover, a municipality with a principal place of business at 120 Main Street,North Andover, MA 0 1845 With QUITCLAIM COVENANTS The street in North Andover, Essex County, Massachusetts, being shown as Red Gate Lane on a plan entitled"Red Gate Pasture Definitive Subdivision Plan Survey Plan, Prepared for Red Gate Realty Trust, 33 Walker Road,North Andover,MA 0,1845, November 22, 1996, Scale I"=40',New England Engineering Services, Inc. 33 Walker Road, Suite 23,North Andover, MA 0 1845", recorded with Essex North Registry of Deeds,Plan No. 15'349 and"Red Gate Lane Street Layout Plan,prepared for Whispering Pines,Realty Trust,4 Sandlewolod Lane,Methuen,MA Oil 844, Scale F',=40" March25, " 20131,Waypoint Survey Service,which plan is recorded as Plan No. herewith. Said street is further described "in Exhibit"A"attached hereto and 'incorporated herein by reference. For Grantor's Title see Deed of'John J. Burke, Trustee of the Redgate Realty Trust dated May 15,2006 and recorded with the Essex North Registry of Deeds at Book 10 182, Page 17. Q i { Witness my hand and seal this lei day of Kau 2013. Whispering Pines Realty Trust By:Yness Rich d Dallaire, Trustee COMMONWEALTH OF MASSACHUSETTS Essex, ss On this dayof �GL 2013 before me the undersigned � � s g notary public,personally appeared Rschard Dallaire,Trustee of the Whispering Pines Realty Trust,proved to me through satisfactory evidence of identification, which was oe- "` ,to be the person whose name is signed on the prec 3di g or attached document, and acknowledged to me that he signed it voluntarily for its stat purpose. No ry Public: 9 )m y Commission expires: r' I GITA B. BRAZBLIS Notary Public Commonwealth of Massachusetts My Commission Expires May 16,2019 ACCEPTANCE BY BOARD OF SELECTME The Board of Selectmen of the Town of North Andover hereby accepts the foregoing conveyance to the Town of North Andover, EXECUTED as an 'instrument under seal this day of 2013 Town of North Andover Board of Selectmen '0000e ..........x, ' k, COMMONWEALTH OF MASSACHUSETTS Essex County, ss s�Tun eL 2013 On this day, before me the uncle pV*,ned notary public,, lersonal I appeared Lam h4- roved to, iiie through satisfactory evidence of iden i tion,which was 0 the the person whose,name is signed on the preceding or attached document, and acknowled ed to me that they signed it voluntarily for its stated purpose, ase of the Town of North AndIver. ADELE J.JIOH SON NOTARY PUBLIC Notary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires. y Comm,Bores Dec.14,20118 EXHIBIT"A" Beginning at a point,being a set stone bound on the southerly side of Salem Street,being the most northeasterly corner of Red Grate Lane,so-called,herein described,and shown on a plan entitled "Red Gate Pasture Definitive Subdivision Plan Survey Plan,Prepared for Red Grate Realty Trust, 33 walker Road,North Andover,MA 01845,November 22, 1996 Scale: 1"=40',New England Engineering Services,Inc.,33 walker Road, Suite 23,North Andover,MA 01845"recorded with the Essex North Registry of Deeds as Plan No. 15349 and `Red Gate Lane Street Layout Plan,prepared for whispering Pines Realty Trust,4 Sandlewood Lane,Methuen,MA 01844,Scale 1"=40', March 25,2013,waypoint Survey Service,which plan is recorded herewith, Thence continuing along the northerly side of Lot I on a curve to the left,with a radius of 30.00, length of 44.51 feet,to a stone bound; Thence continuing along Lot I as shown on said plan,S25'13'40"w, in two courses, 232.49 and 20.00 feet to a stonebound; 'Thence continuing along Lot I as shown on said plan, along a curve with a radius of 200.00,length of 66.32',to a stone bound; Thence continuing along Lot 1 as shown on said plan, along a curve with a radius of 150.00, length of 49.74 feet,thence Thence continuing along Lot 1, S25013'43"w,8.76 feet to a stone bound; Thence continuing along Lot 2 on said plan on a curve with a radius of 30.00, length 27.40 feet to a stone bound; Thence continuing along Lot 2 on a curve with a radius of 60.00, length 1.39.05 to a point at Lot 3; Thence along Lot 3 on said plan on a curve with a radius of 60.00, length 159.05 feet, to Lot 4; Thence runrung along Lot 4 on said plan, along a curve with a radius of 30,00, length 27.40 feet to a stone bound; Thence continuing along Lot 4 on said plan N25013143"W, 8.76 feet to a stone bound; "Thence continuing along Lot 4 on said plan along a curve with a radius of 200.00, 66.32 feet to a stone bound; Thence continuing along Lot 4 on said plan E along a curve with a radius of 150.00, 49.74 feet to a stone bound; Thence contining along Lot 4 on said plan N2501314311E,222.84 feet to a stone bound, Thence continuing along Lot 4 on said plan along a curve with a radius of 30.04, 49.74 feet to a stone bound at Salem Street; Thence along Salem Street S6904611711E, 110,42 feet to the point of beginning, Bk 13508 p0305 1 016958 0 9 a 2 Ocx QUITCLAIM DEED 1.Richard Dallaire, Trustee,of the Whispering Pines Realty Trust,u/d/t dated May 1, 2006 and recorded with the Essex North Registry of Deeds at Book 10182,Page 10�,of North Andover, Massachusetts For cons,ideration paid of One and 00/100 ($1.00�)Dollar Grant to The Inhabitants of the Town of North Andover, a municipality with a principal place of business at 120 Main Street,North Andover,MA 0 1 5 With QUITCLAIM COVENANTS A Drainage easement snown on a plan entitled"Red Gate Pasture Definitive Subdivision Plan Survey Plan, Prepared for Red Gate Realty Trust, 33 Walker Road,North Andover, MA 0 1845,November 22, 1996, Scale I"=40%New England Engineering Services, 11 11 go Inc. 33 Walker Road, Suite 23,North Andover, MA 0 1845"which plan is reco�raea with Essex North District Registry of Deeds as Plan No. 15349 and"Red Gate Lane Street Layout Plan,prepared for Whispering Pines,Realty Trust,4 S,andlewolod Lane,Methuen, MA 0 1844, Scale I"=40', 4arch 25,2013,Waypoin t Survey Service,which plan 'is recorded as Plan No. herewith. The easement In a Drainage Easem ent located on the Northwesterly corner of Lot I along said Salem Street and Red Gate Lane as shown on said plan. a Drainage Easement located on Lot 2 and Lot 3, running along the northwesterly border of Lot 2 and the northeasterly border of Lot 3 and running to Red Gate Lane as shown on said plan al a 15 foot Drainage Easement located on northeasterly corner of'Lot 4 along,Red Gate Lane and land now or formerly of Robert and Audrey Meikle as shown on said plan This conveyance does,not constitute all or substantially all of the assets of the corporation, For grantor's Title see Deed of John J. Burke,Trustee of the Redgate Realty Trust dated May 15,2006 and recorded with the Essex North Registry of Deeds at Book 10182,Page 17. S� Witness my hand and seal this I day of ,2013. whispering Pines Realty Trust y: 1 w' ness Richard Dallaire, Trustee COMMONWEALTH OF MASSACHUSETTS Essex, ss On this day of 2013 before me the undersigned notary public,personally appeared Richard Dallaire, Trustee of the whispering Pines Realty Trust,proved to me through satisfactory evidence of identification, which was -)-4-,4,-�C DN-422 --L to be the person whose name is signed on the pre eding or attached document, and acknowledged to me that he signed it voluntarily for its stated p ose, yNotary ubli c. My mmission expires: �;��( � GITA B. 13RAZELIS NotCommon�a th Publicsio► Expires eusetts My commission May 16,2019 k �fA.'7aM K. �hMlYlelj AA CCEPTANCE BY BOARD OF SELECTMEN The Board of Selectmen of the Town of North Andover hereby accepts the foregoing conveyance to the Town of North Andover. EXECUTED as an instrument under seal this day of TV jk e-- 2013 Town of North Andover Board of Selectmen 10 4�7 COMMONWEALTH OF MASSACHUSETTS Essex County, ss 2013 0,AnA this d a before tthneunde 4�fined notary public pers nail ppeared pro ved, to me Mich was i ry eWnce of'identification, thir 'ug,h sat'sfac o i ,1 to be the person whose name is signed on the preceding or attached document, and d to me that they signed it voluntarily for its stated purpose, as of the Town of North .end per. 11 — ADELE J.JOHNSON NOTARY PUBLIC 70 NJ COMMA KALTH OF MA&SMSEUS Notary Public W Cm Does oec.is My Commission xpires. Bk WHISPERING PINES REALTY TRUST CERTIFICATE O�F TRUSTEE 1,the undersigned Richard Dal labs, successor Trustee of the Whispering Pines Realty Trust,u/d/t dated May 1,20!06 and recorded with the Essex North Registry of Deeds at Book 10 182,Page 101 being duly sworn,hereby depose and say as follows: A. I have personal knowledge of the facts within this certificate,- B. I serve as the sole'Trustee of the Whispering Pines Realty Trust which was created by 8, instrument dated May 1,2006:5 C. That said Trust has not been altered, amended,revoked or terminated and remains in full force and effect-, D. That the Trust has,full power to engage in real estate transact-ions on terms as appear appropriate to the trustee,upon authorization by the beneficiaries of said trust-, E. That there are no facts which are a condition precedent to the actions of the Trustees,or 10 which i,n any manner germane to the affairs of the trust. F. That the Beneficiaries are above the age of majority and are not legally 'Incapacitated, G. That the Trustee of the Whispering Pines Realty Trust, created under Trust Agreement dated May 1, 20o6, have full and absolute power in said Trust Agreement to convey any interest in real estate and improvements thereon held in said Trust, an no purchaser or third party shall be bound to 'inquire whether the Trustees have said power or are properly exercising said power or to see, to the application of any Trust asset paid to the Trustee for conveyance thereof.And,that all of'the Beneficiaries have specifically authorized and directed the Trustee to convey any fee 'interest in the roadway known as Red Gate Lane and any drainage easements shown on Plan No. 153,49 and road layout plan, recorded with said deed and also to execute any documents required in order to effectuate the transaction., Executed under the pains and penalties of perjury this day of June,2013 WHISPEYJNG PINES REALTY TRUST'` By: 24K-�Z Richa d Dallaire,Trustee COMMONWEALTH CAP MASSACHUSETTS Essex, ss. On this day of June,2013, before me,the undersigned notary public,personally appeared Richard Dallaire,proved to me through satisfactory evidence of identification,which were I I'Da-1 I- U_Ct.U.", "to be the person whose name is signed on the preceding or attached ocument, and acknowledged to me that he signed it voluntarily for its stated purpose as Truste f r the whispering Pines Realty Trust. Nola Public• f-W � l comm,exp, GITA B. BRAZELIS Notary Public commonwealth of Massachusetts My commission Expires May 16,2019 0V f: r y 1, 1' X� f ORTII f, CHU PLANNING DEPARTMENT Corn.munity Development Division 1; Form K, — SUBDIVISION COMP,ELTION CERTIFICATE l ,I North Andover, CIA 120 Name of Subdivision I Owner f)e, ,eaq2 /)J'n t l Date of'Application dll:�g r Y Qpo Cate of Approval or other action by Planning Board Performance Guarantee Way Completed to Satisfaction Consarvat' n Comission,Date: Sewer Di sign Cate: 6� -2 '''dater Division By r � I Cate: Board of Heath By L .000e�(- Date: /,(,Z Building D p rtm nt y Date: �a� 01 4 III UIIUI Planning I uu IIIw'm ' �a �I to Date: 0 7/ �u le J �uuululuuuum000luwuSmmmmoV�l illmlrul�wuull�,n lu i Planning01 rd In a 00 r y o l I y 11 Date,: 1 Release of Bona or Seca ity Approved by the North Andover Planning Board Date: By Chairman i y , Clark f; Approved as to Form: Data: Page I of 1600 Osgood,Street,t,North Andover,8Id8.� ,Suite 2-3 ,Planning Dept.,Massachusetts 01845 Phone' 78.68�8. 535 Faux" 78.688.9542 Web www.townofnorthandover.com Tymon, Jud From: Carol McGravey[chm@uf-law.com] Sent,: Monday, April 018, 20113 12:40 PI" I To.: Tymon, Judy Cc: Gita brazelis; Willis) Gene Subject: Re: Redgate Street ......... The cony h e documents, I received do not refer to the layout plan. Our practice has been to refer to both the c sub4iVision plan and layout plan and record the layout plan.There also appear to be easements on Lot 1, Lot 3 and L ,,nd the lot at,871 Sale m Street that are the easement document.We will also need the certificates of Ompliance,certificateof-�t,�iti,C"c-''e-rtifica:te of notice of publ"ic--heartin_,,g and municipal lien certificate if applicable as 11 25 email.The date of the Selectmen's layout h eiafl-n, should be con,firmed with their office. Thanks. Carol Carol Hajjar McGravey Of Counsel Urbelis & Fieldsteel, LLP 1,55 Federail Street, Boston MA 102110, Phone: 617-338,-2200 Fax, 617-338-01,22 C h ryi fdaw.com On Apr 8,, 2013, at 12:14 PM, "Tymon,Judy" rp wrote: Carol, Gita, The Red ate Street Acceptance is on the agenda for the Planning Board meeting for April 16. Carol, Are all of the documents complete? I heard from Gene and: he has accepted all of the plans. Gita,, The attached checklist has to be filled out and brought to the Planning Board meeting on the 16 th. You should begin the process of having the Form K approved by the respective departments, however, this form does not have to be filled out until after street acceptance, when you request the final bond to be released. Any questions, let me know. Judy Judith M.Tymon Town P'lanner Town of North Andover 120 Main Street North Andover,,MA 01845 Phone 978. .9535 Fax 978.688-9542 Email Web www.'TownofNorthAndover.com, <irnage00IJpg> OOR Th 'Town,of Northn ve NorthOff ice of the Planning Depaftrnent 1 )(Development and Set tvision dover Massachsetts STREET ACCEPTANCE CHECKLIST KLIST SUBDIVISION Containing the following road Receipt of Request for Certificate of Compliance from petitioner s ' Report of findings from Town Counsel and L PW Certificate of Compliance IS Issued to the petitioner from the :Plannin, Department Petition to the Board ofSelectmen to lay out the way Hearing before Planning Board to make recommendation to Board ofSelectmen Hearing with Selectmen to lay out the way Article inserted into Town Meeting Warrant Torn Meeting Acceptance Developer's attorney supplies copies of recorded easements, deeds and plans :Planning Board holds meeting to vote to release bond money tn roo Xoo,� w BOARD OF APPEALS 688-9541 BUILDING 688-9,545 CONSERVATION 688-95 0 HEALTH 688-9540 PLANNING 688-9535 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORD. 384 O GOOD STREET NORTH ANDOVER., MASSACHUSETTS a 1845-2909 BR.UCE D. THIBODEAU, P.E. DIRECTOR Eugene P. TfTillis, PE Telephone (978) 685-0950 Fax. (978) �� 573 'D I 1� lY1eC�l1� xl eCo1 [1g April 2, 2013 North Andover Planning Board North Andover communityDevelopment Dept. 1300 Osgood St. North Andover, MA. review 2 of RedGate subdivision as built plan and street layout plan Dear Rick I have received pdf's of as-built plan dated Garth 29, 2013 and street layout out plan dated March 25, 2013.- The plans are acceptable as drawn. We will require a street layout mylar with an R.P.L.s. stamp and an as-built mylar plan with a P.E. and a R.P.L.s. stamp and signatures. Sincerely, ' � ter" f � -• y' " P. Willis P.E.gene . Director of Engineering Cc: file, Whispering Pines,fealty Trust 0 Inu ht, Jean From-, Johnson, Adele Sent- Tuesday, May 07, 2013 5:46 PM To: Enright,Jean CC: Tymon,Judy Subject: Red Gate Lane layout Hi Jean, I gave Curt the Mylar and signed docurnent voted by the Board of Selectmen for the Red Gate Lane layout. The Town Clerk has all the documents in her office for the public to,view if needed. Adele J.Johnson Executive Assistant Town of North Andover 120 Main Street North Andover.,MA 01845 Phone 978.688.9510 Fax 97'8.688.91556 Email gLohnso rif t nof nest h an dove r.co m Web www.TownofNorthAndover.corn 40 Please note the MaSSaChUsetts Secretary of States office has deternilned that most ernails to and from rnunicipal offices and officials are public records.For more information please refer to:Batt Wwwwsec,state.rnams/ r p.nwv� P_ Please consider the environment before printing this email. r rOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD s'rREET NOR"IT-1 ANDOVER, MASSACHUSEITS 01 1845-2909, BRUCE D. T'HIBODEAUI P.,E,. DIRECTOR Eugene P. 1,17iffis, PE Telephone (978) 685-0950 Director qf E"ngineentig If ax (9 78 W)-9573 April 2, 2013 North Andover Planning Board North Andover Community Development Dept. 1300 Osgood St. North Andover, MA. RE: review 2 of Red Gate subdivision as built plan and street layout plan Dear Rick I have received pdf's of as-built plan dated March 29, 2013 and street layout out pilan dated' March 25, 2013. The plans are acceptable as drawn. We will require a street layout mylar with an R.P.L.S. stamp and an as-built mylar plan with a P.E. and a R.P.L.S. stamp and signatures. Sincerely, Eugene P. Willis, P.E. Director of Engineering Cc-. file, Whispering Pines Realty Trust r nri e n From: Carrel McGravey[char@uf_lav ..corn Sent: Thursday, March 21, 2013 2:18 FM To: Tymon, Judy Cc Enright, .dean Subject. RE Woodlea Judy and Jean, I will check with Jean tomorrow morning.Jean, if you receive them and can send me a quick -mail,that would he great and I will come by and pick them up. Thank. Carol From: Tymon, Judy i Sent: Thursday, March 21, 20,13 2 17 PM o Carol McGravey Enright, Jln Subject: E. Woodlea Carol, The attorney, Gita Brazelis of Michael ombard's office,told me yesterday that she had put the documents in the mail'. I don't know if they will be here tomorrow. I know that Iwon't be here but feel free to call Jean Enright, the Planning Crept. Assistant,to sea if the material is here. Judy From: Carol McGravey [mailto.-(.:hm& -law.coffl] Sent: Thursday, March 21, 201: :02 PM m Tymon, Judy Subject: RE: Woodlea Judy, When do you expect the documents for Red ate Lane? If you have themy copies f plans so that we can address h tomorrow morning I would lilac t �� a the documents,nt�a�n �n all issues before the Selectmen's layout meeting. Thanks. Carol Fromm. Tymon, Judy [ - on@Lc� r r.c r Sent: Thursday, March 21, 2013 112-15 AM To: Carol McGravey Willis, Gene Subject: ICE. Woodlea t Okay. I also received' a call from the attorney for Redgate Lane. She will be sen ding me clocurnents,for street accp-ptance as weill. I will forward them to you once I receive,them. Woodlea Road and Redgate Lane are the only two street acceptance items for ATM 13. Judy From: Carol McGravey [mailto.Chflaw.co ] Sefts. Thursday, March 21, 2013 10:57 AM To: Tymon, Judy; Willis,, Gene Subject: RE: Woodlea JI u d y, Please wait until Gene has completed his review and we can send one set of comments to Atty. Corsaro. Thanks. Carol From: Tymon, Judy [maI ,-' .moriCaLt nofb handover.Com]Qw -Q-ft- Sent: Thursday, March 2,1, 2013 10:56 AM Tom. Carol McGra,vey; Willis, Gene Subject: RE: Woodlea Ca ro 1, I can forward these comments to Atty. Corsaro. If he halls questions, should he.call;you directly? Judy From: Carol McGragrey [maiIto-.-C,h1iiPuf-Iaw.cOm] Sent: Thursday, March 21, 2013 10,953 AM To: Willis, Gene Cc: Tymon, Judy Subject: RE: Woodlea Gene, Regarding the, plan and dee , I noted the following.- The street and eas ts,are in the,same document, and we usually separate them. The con veyaince of the street is subject to,easements to Mass. Electric and N,.E,.Telephone. Easements#3 end #4 are referred to, in the deed as,drainage ts.The subdivision pilan aEpp curs,to include drainage and slope easements,.Are,the slope easements to be conveyed to the town',?' Finally,the ealls,ements are not,shown on the street accepta�nce pilan, only on the subdivision plan,. Carol From: Willis, Gene [mailt� WIN b)townolfriorthanclover.cor Sent: Thursday, March 21, 2013 10:48 AM 2 fI Tom Carol McGravey M ject: RE: W'oodlea I will hopefully'today. Tires & Bruce are reviewing my comments., now From: Carol McGravey [mailto-.c'hrri(@uf-lpw.com Im Sants. Thursday, March 2,1, 2013 10:0�8 AM To: Willis, Gene Subject: RE: Wood lea Gene, Un�less,you see an issue, 11 don t have a proble�m with it as I think what it says is that the engineers are not making certification as to ownership of the property or the existence Of Unrecorded easements.As a part of the street acceptance process,.,we require a certification of title from the developer's attorney that the town is receiving clear title to the street and all' related easements. If you see any engineering Implications, please let me know. Thanks. Carol From: Willis, Gene [mai1to.,,,9-w&lis -- ,@townofnorthandover,.con1] Seat: 'Thuirsduly, March 21, 2013 9:30 AM To: Carol M'cGravey Subject: RE: Woodlea Carol Did you get a chance to look at the note 2, second sentence on street acceptance plan pdf I sent YOU:? Is, it ok? From: Carol McGravey [!Da'1lto.-chffl@Llf-Iaw.Com] Sent: Wednesday, March 20, 2013 124-31 PM To: Tymon, Judy; Willis, Gene Subjects. FW: Woodlea Judy aind Gene, Attached are the documents,we received from Atty. Corsaro. Carol P'llease note the MassachLiSettS secretary of States office has determined that most email s to and from!mUrIiCipal offices and officials are pUblic records.For more information please refer to®tllp-Hwviw sic,,sta,te,ma.us,lpr, /,,,.reidx.htrn. Please consider the environment before printing this eniail. End ht, Jean From Tymonl, Judy Sent: Thursday, March 21,1 2013 5:02 PM To: 'Carol McGravey' two: Enright, Jean; Willis, Gene Subject: FW- Red Gate Attachments: Whispering Pines to Town of North And over.redgate lane.doc; Abbutters, list.Red Gate Lane.doc; Cert of Necessary Parties letter.cloc; Certificate of Compliance request.Red Gate Lane.doc; Letter for setting of stone bounds- Red Gate Lane.doc; Whispering Pines to Town of North Anclover.drain easement.cloc Caron, I just received these documents from, Gita, so no need to, come to the office. Judy From: Gita brazelis ma�ry i Ito.-,qbr,@ze lis-@m lom bard.gLm] Sent: Thursday, Mlarch 21, 2013 42-34 PIVI To: Tymon, Judy Subject: Red Gate Docs for review. I got a,call from Rick today that the engineer is asking for a new plan or a different plan, he wasn't sure. I have an e-mail out to the Waypoi'nt to find out what he's talking about. Gita B,razelis, Esq. Law Office of Michael E. Lombard 44 Park Street Andover, MA 01810 978-475-1518 (main) 978-806-2203 (direct) 978-470-3448 (fax) 978-409-6453 (e-fax) This transmission is intended only for the addressee(s) listed above and may contain certain information that is confidential and privileged. If you are not the intended addressee(s), any use, disclosure, copying or communication of the contents of this transmission is prohibited. If this message is received in error, please telephone the sender immediately. Thank you for yolur attention to this, matter. M ION Please note the MaSSaChLlSettS se ere-tary of States office has determined that most ennails to and from mUnicipal offices and officials are J)Ublic records.For more information please refer to:LftpI/w.ww.secs .ma UsIp EL/Ijr i,ft.hitm. Please consider the environment before printing this email. QUITCLAIM DEED I, Richard Dallaire, Trustee, of the whispering Pines Realty Trust, uldlt dated May 1, 2006 and recorded with the Essex North Registry of Deeds at Book 10182, Page 10, of North Andover, Massachusetts For consideration paid of One and 00/100 ($1.00) Dollar Grant to The Inhabitants of the Town of North Andover, a municipality with a principal place of business at 120 Main Street,North Andover, MA 01845 With QUITCLAIM COVENANTS The street in North Andover, Essex County, Massachusetts, being shown as Red Gate Lane on a plan entitled "Red Gate Pasture Definitive Subdivision Plan Survey Plan, Prepared for Red Gate Realty Trust, 3 3 walker Road,North Andover, MA 01845, November 22, 1996, Scale 1" =40',New England Engineering Services, Inc. 33 walker Road, Suite 23,North Andover, MA 01845", recorded with Essex North Registry of Deeds, Plan No. 15349. Said street is further described in Exhibit"A" attached hereto and incorporated herein by. reference. For Grantor's Title see Deed of John J. Burke, Trustee of the Redgate Realty Trust dated May 15, 2006 and recorded with the Essex North Registry of Deeds at Book 10182, Page 17. Witness my hand and seal this day of , 2013. Whispering Pines Realty Trust By• Witness Richard Dallaire, Trustee COMMONWEALTH OF MAS SAC IUSETTS Essex, ss On this day of , 2013, before me,the undersigned notary public,personally appeared Richard Dallaire, Trustee of the whispering Pines Realty Trust, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and aclmowledged to me that he signed it voluntarily for its stated purpose. Notary Public: My Commission expires: F $. EXHIBIT"A" Beginning at a point,being a set stone bound on the southerly side of Salem Street,being the most northeasterly corner of Red Gate Lane, so-called,herein described, and shown on a plan entitled"Granite Bound Layout Plan prepared for the Town of North Andover Building Department,North Andover, MA 01845, Scale 1"=40', December 15,2012, waypoint Survey Service, which plan is recorded herewith, Thence continuing along the northerly side of Lot 1 S67043'40"W on a curve to the left, with a radius of 30,00, length of 44.51 feet, to a stone bound; Thence continuing along Lot 1 as shown on said plan, S25'13'40"w, 232.49 feet to a stonebound; Thence continuing along Lot 1 as shown on said plan, S34143140"w, along a curve with a radius of 200.00, length of 66.32',to a stone bound; Thence continuing along Lot 1 as shown on said plan, S34043'40w, along a curve with a radius of 150.00, lengthe of 49.741,thence Thence continuing along Lot 1, S250 13'40"E, 8.76 feet to a stone bound; Thence continuing along Lot 2 on said plan S00056'44"E, on a curve with a radius of 30.00, length 27.40 feet to a stone bound; Thence continuing along Lot 2 Soo°56'14"w on a curve with a radius of 60.00, length 54.80 to a point; Thence continuing along Lot 2 on said plan S 60°23'3 5 w on a curve with a radius of 60.00, length 73.69 to a point; Thence continuing along Lot 2 on said plan S79023'13"w on a curve with a radius of 60.00, length 10.61 feet, to a point; Thence along Lot 3 on said plan N64'45'45 w on a curve with a radius of 60.00, length 20.16 feet,to a point; Thence continuing along Lot 3 on said plan N 14°5 5'17"w on a curve with a radius of 60.00, length 84.09 feet, to a point; Thence continuing along Lot 3 on said plan,N51°23'34"E on a curve with a radius of 60.00, length 54.80 feet, to a stone bound; Thence running along Lot 4 on said plan,N51°23'34"E along a curve with a radius of 3 0.00, length 27.40 feet to a stone bound; f Thence continuing along Lot 4 on said plan N25°13'40"w, 8.76 feet to a stone bound; Thence continuing along Lot 4 on said plan N34°43'40"E along a curve with a radius of 200.00, 66.32 feet to a stone bound; Thence continuing along Lot 4 on said plan N34°43'40"E along a curve with a radius of 150.00, 49.74 feet to a stone bound; Thence confining along Lot 4 on said plan N25°13'40"E, 222.77 feet to a ston bound, Thence continuing along Lot 4 on said plan N22°16'30"w along a curve with a radius of 30.00, 49.74 fet to a stone bound at Salem Street; Thence along Salem Street S°46'20"E, 100.42 feet to the point of beginning. r � LAW OFFICE OF MICHAEL E. LOMBARD, LLC 44 PARK STREET ANDOVER, MA 01810 (978) 475-1518 FACSIMILE (978) 470-3448 MICHAEL E. LOMBARD, ESQ. PARALEGALS LEANNE PSIRAS JOYCE FIOCCA BOLD GITA B. BRA►ZELIS, ESQ. BONNIE R. GRIFFIN February ,2013 Re: whispering Pines Realty Trust Red Gate Lane, North Andover, Massachusetts I, Gita B. Brazelis, Esq., Law office of Michael E. Lombard, the attorneys for whispering Pines Realty Trust, hereby certify that all necessary parties have signed all the easement intstrument and street deed with regard to the subdivision known as Red Gate Lane, which subdivision plan is recorded with Essex North District Registry of Deeds as Plan No. 15349 Signed under the pains and penalties of perjury on the day and year first above written. Law office of Michael E. Lombard By: Gita B. Brazelis, Esq. Osgood Landing Town of North Andover Bldg, 20, Suite 2-36 Planning Dept. North Andover, MA 01845 RE: Red Gate Lane Dear Sir/Ms.: This is to certify that on Red Gate Lane, Station 0+00 to 3+57.03 as shown on Plan.of Red Gate Pasture Granite Bound Layout Plan,prepared for Town of North Andover Building Department,North Andover, Massachusetts, Scale 1"=40', dated December 15,2012, waypoint Surveying Services,there has been set a total of 14 stone bounds as noted on said Plan. Sincerely, waypoint Surveying Services February , 2013 Re: whispering Pines Realty Trust, Richard DeLaire, Trustee, Red Gate Lane,North Andover Street Acceptance I, Gita Brazelis, Esq., of the Law office of Michael E. Lombard, 44 Park Street Andover, MA, hereby certify that as of the date of this writing,the following individuals are the lot owners and Mortgagees of the lots abutting Red Gate Lane: Lot 1 --20 Red Gate Lane Owners: Paraskevas G. & Marianthi P. Hatzigiannis Deed: Recorded March 12, 2010 at Essex North Registry of Deeds at Book 11976, Page 304 First Mortgage to Guaranteed Rate, Inc. recorded December 18, 2012 at Book 13265, Page 154 Lot 2—40 Red Gate Lane Owners: Anandakumar Subramaniam&Usha C. Anandakumar Deed: Recorded October 10, 2012 at Essex North Registry of Deeds at Book 131601 Page 121 First Mortgage to Mortgage Master, Inc. recorded October 12, 2012 at Book 13160, Page 122 Second Mortgage to Mortgage Master, Inc. recorded October 12, 2012 at Book 13160, Page 137 Lot 3 -35 Red Gate Lane Owners: Avinash Bhandari &Roshni Gopinath Deed: Recorded September 24, 2009 at Essex North Registry of Deeds at Book 11778, Page 41 First Mortgage to Leader Mortgage Company, Inc. recorded November 1, 2011 at Book 12678, Page 235 Second mortgage to Leader Mortgage Company, Inc. recorded November 1, 2011 at Book 12678, Page 252 Lot 4--25 Red Gate Lane Owners: Hwa Chuang Chien& Kuang Yu Chien Deed: Recorded December 5, 2008 at Essex North Registry of Deeds at Book 11394, Page 230 Respectfully Submitted, Git .Brazelis, Esq. LAW OF'FICE OF MICHAEL E. LOMBARD, LLC 44 PARK STREET ANDOVER, MA 01810 (978) 475-1518 FACSIMILE (978) 470-3448 MICHAEL E. LOMBARD, ESQ. PARALEGALS LEANNE PSIRAS JOYCE FIOCCA BOLD GITA B. BRAZELIS, ESQ. BONNIE R. GRIFFIN Registered Main Number: Street Name: Red Gate Lane Dear Planning Board Members; For the above named street,I am hereby requesting a Certificate of Compliance in accordance with Section 9 and 10 of the Town of North Andover Rules and Regulations Governing the Subdivision of Land. In accordance with Section 9A of the above regulations the above named street is complete in accordance with such regulations,Public works requirements,plans approved by the Board, State Laws, and other public bodies' decision on the subdivision. We await the inspections to be made by the appropriate Town departments as part of the process required to certify completion. Pursuant to Section 1 oA items 2 and 3, attached please find the following documentation to be approved by the Planning Board prior to filing a request for acceptance in accordance with Section IOA.4. 1. Attached certification that the petitioner does own and has the rights to transfer the property to the Town and such rights are filed in the Registry of Deeds. 2. Two (2)copies of the attached easements and deeds for the property to be transferred to be filed on behalf of the Town by the developer. 3. Two (2)mylars and six(6)blueprints of attached as--built plans indicating location of the roadways,easements,and appurtenances. 4. Attached certification from a Registered Professional Surveyor relative to the setting of stone bounds. I respectfully request a meeting with the Board,after review of these materials, and the completion of the required inspections,to allow the petition and street acceptance. Please contact my office with a date in which we may discuss the streets with the Board. Sincerely, Law Office of Michael E.Lombard,LLC By: G ita B. Brazelis Attorney for whispering Pines Realty Trust QUITCLAIM DEED I, Richard Dallaire, Trustee, of the Whispering Pines Realty Trust, uldlt dated May 1, 2006 and recorded with the Essex North Registry of Deeds at Book 10182, Page 10, of North Andover, Massachusetts For consideration paid of One and 00/100 ($1.00) Dollar Grant to The Inhabitants of the Town of North Andover, a municipality with a principal place of business at 120 Main Street,North Andover, MA 01845 With QUITCLAIM COVENANTS Drainage easement shown on a plan entitled"Red Gate Pasture Definitive Subdivision Plan Survey Plan, Prepared for Red Gate Realty Trust, 33 Walker Road, North Andover, MA 01845,November 22, 1996, Scale 1" =40',New England Engineering Services, Inc. 33 Walker Road, Suite 23,North Andover, MA 01 845"which plan is recorded with Essex North District Registry of Deeds as Plan No. 15349. The easement includes a Drainage Easement located on Lot 2 and Lot 3, running along the northwesterly border of Lot 2 and the northeasterly border of Lot 4 and running to Red Gate Lane as shown on said plan This conveyance does not constitute all or substantially all of the assets of the corporation For Grantor's Title see Deed of John J. Burke, Trustee of the Redgate Realty Trust dated May 15, 2006 and recorded with the Essex North Registry of Deeds at Book 10182, Page 17. : s + Witness my hand and seal this day of 32013. Whispering Pines Realty Trust By: Witness Richard Dallaire, Trustee COMMONWEALTH OF MAS SACHUSETTS Essex, ss On this day of , 2013, before me, the undersigned notary public, personally appeared Richard Dallaire; Trustee of the whispering Pines Realty Trust, proved to nee through satisfactory evidence of identification, which was to be the person whose name is signed on the preceding or attached document, and aclmowledged to me that he signed it voluntarily for its stated purpose. Notary Public: My Commission expires: i . � 1�rEiMNt�.cr►�.ri�„rr�i STONE BOUND STATIONING I ,.r 581 0+23.25 25.DO'LT } r I S02 0+35.DO 23A0'RT Qll- S83 2+57.75 25.00'LT f SB4 2+57.75 25.00'RT S" 3+15.75 25.00'LT ��••��'��}. SBO 3+1175 25.0D'RT 7ar�alwns. y $07 3r73.75 25.00'LT s88 3+73,75 25•00'RT ' Desk $89 3+82-51 23.00'LT t' w10 3+152.51 25.00'RT S811 4+06.31 X07'LT € 5812 4+06.31 38.8 RT 1 FOR REGISTRY USE ONLY . S1313 0-04.03 32-32'LT I S914 0+05.12 37.SS'RT € N/F SUMMER SIMI NSF N s N� [ REALTY TRUST PAUL A;OE IwteDONOUCH HOR'►�V YALLtAst k STACIA CYR GU TURNPIKE STREET 87 FOxW[1XWODD ARIYE II3 FOX1A�00 DRIVE a11a SALEM STREET IRON NORM A?tDdVtaR.MA.01843 NORTH ANDOVER,MA.01845 NORTH ANDOVER,1JA 01845 N NORTH ANDOVER,IJA D184S j ROD - r-- j FOUND r IRON ROO ND a ' 3. ra7.aa 7e IACUS YAP SCALE: 1" 800' 24.93' 37.8g' �I a. '!� € .rF, 78.13 �� H/F 21 D.D6 s2977'ZT'W I f �� 1 DRILL JAMES&.1f1AN W IwC.SB. '4D.f1D' 138.48' i �}7' 9y1F w HOLEFOUND 53 WEYLAND�`T DfMNAGE !! NORTH ANDOVER•MA.b{� FOUND EASEMENT f SZXtE11T? 43.75 1 UNE LOT 4:7 161.15 i a 4.8,24 3*S.F 13 I^ 11070*ACRES �a A.4 LOT 2 LEGEND. ; � 1.9207�CRES S25'f3'43'M� ` [•rJ ;► *�t.>tl GRANITE BOUND SET' 23Z.49' 3 C7� E.C.S.9.ESSEX COUNTY STONE BOUND ,' T_ STONE WALL RED GATE(ad'wmI LANE "� a a' �'" S29-o 5�p'oo" ^ ,'- S2�3'43'w LW10.81' 73.50�w 10.2- E ROD � 23244' R.q •GR7 92S 4"E s8.3$' N/F N23"13'43 E �T�;. n 5� i 2 N2g•55.p� , 778.p.N e�ri� ti DAHL Dry � r 1 � .'°I 3 ,d l+il:�' S60'05'03"E �`'1g:'ld• NORTH ANDOYM MA.dta43 R-20 � �~ N23'i3'�£��1 ;J Ilk . 20.00' � L-4.14' -30.00' DRAINAGE z >r DE�AkF� EASEMENT r• W N = E LOT 4 LOT 3 $n i 78.798*S.F RD T A AUDREY KbU �4 I'49=3*S.F T.8Q90 ACRES n 871 SALEM STREET �- `1.1307*ACRES n NORTH ANDOVER,MA.01545 € {$y x U) parr �►1e`I2'1d it F%D . zaa.22- � MARTHA,UNUCUIST 2 CHIPPER LANE � ��'DRiGC 17579' 7 or 64.24' NORTH ANDOVER.MA.Ota43 HOlE N25'15'1D"E N2Z'141�E Na'14'30-, N222E 2d N31Tx' 7Z8F' ttalAi N2p 217 ..,_ E Nx371�d'E OM E N2nz1d"£ IRON N/F FOUND ROD SALAFTA FAMILY TRUST FOUND 855 SALEM MEET NORTH ANDOVER.MA.0184L3 € SUMMER STR&CT REALTY TRUST 733 TURNPIKE:STREET NORTH ANDOVER.MA.Dim GRAPHIC SCALE CERTIFICATION L task-40 a. 1nYllE OF IIORi4fi'AfDDYER I CER't"Y THAT THIS PLAN WAS PREPARED IN I CERTIFY GRANITE BOUNDS HAVE smi SET MWORMANCE WITH THE RULES AND RECULAnoNS BY WAYPOENT SURVEYING SERVICES REFERENCES OF THE tafGrSTM OF DEEDS. IN THE AREAS%40WN ON THC OEFENITIVE SUBDEVISON RED GATE LANE PLAN OATEO NOVEMBE:R 2$1988,REVISED MARCH a, STREET LAYOUT PLAN 1. KER.d.PLAN,2E145 I AM CERTIFY THAT THE PROPERTY LINES SHOWN 2DDS PREPARED BY NEW ENGLAND ENGINEERING AND 2 N.E XM PLAN/39a7 ARE THE LENES DII9DIICG CosTING OWNERSHIPS,ANO APPROVED 8Y T'NE TOWN OF NORTH ANDOVER AND IS PR�PA1t3�D TD1t 3. N.E.FLD.PLAN 0#54676941 THE;€PUBLIC OF STREETS AND WAYS SHOWN ARE THOSE PLAN#15349 NORTH ESSEX DISTFdCT REGISTRY OF DEEDS �IHLSPERWG P13T��,��4. N E R O.PLAN�6Q43 OF PL19UC AND PRIVATE STREETS AND WAYS ALREADY 4 SANDALWOODIMR LANE NZAD.PLAN�'SW r�iABLiSEEED 0 NEW LINES FOR DIVISION O [ E N.E.RD.PLAN fE01i7 E}smr. FOR NEW STREETS AND WAYS ��YA 0A94� ARE SH /.�..�,�.��31 r Awn 1 SCALE 1"-40' UARCH 25,2013 notI DAom"4 I. DAVID ALVES PLS#wN*4 EtsnsED WAYPOINfi SURVEYING SERVICES I� 141 BRIDGE ROAT3 SUITE 202-5 SALISBURY, MASSACHUSET"I'S 01952 i. 978 505-5261 DRAWN BY.D.A. FILE 0 5900 DMGN BY:Ty,A