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HomeMy WebLinkAbout1997-01-09 Legal Documents DEF SUB PRD _ FOAM T COVENANT July -24, 19 97 North Andover Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated December 6, 1996 to the North Andover Planning Board for approval of a definitive plan of a subdivision of land entitled: Salem Forest TV , plan by: Hancock Surver Asso dated: Dec. 2, 1996 and owned by: Farr Better HntpeS address: 216 Raleigh Tavern Lane, N4land located:off Raleigh Tavern Lane , and showing 5 proposed lots, The undersigned has requested the Planning Board to approve such plan without requiring a performance bond- (see NERD Plan 13035) IN CONSIDERATION of said Planning Board of North Andover in the county of approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the Town of 'North Andover as follows: F 1. That the undersigned is the owner' in fee simple absolute of all the land included in the subdivi- sion and that there are no mortgages of record or otherwise on any of the land, except for those described below, and that the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. 'If there is nore than one owner, all must sign. "Applicant" may be an owner or his agent or representative, or his assigns, but the owner of record must sign the covenant. 2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma- nent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants. conditions. agreements, terms and provisions as specified in the following: a. The Application for Approval of Definitive Plan (Form C). b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this • subdivision. c. The certificate of approval and the conditions of approval specified therein, issued by the Planning Board, dated January 9, 1997_ . d. The definitive plan as approved and as qu .iified by the certificate of approval. e. Other document(s) specifying construction to be completed, namely: However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which pro,.,ies that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. 3. That 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 specific lots to be released; and 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. Massacnusetts federation of Pianninq and Appeals Boaras 1972 (Aev,sed 1980.1983,19MI 20.17 TO'd Zt,96 2e9 e09 - Aaa -MOO .AOAOPud r.iq AON V617=OT 86-0Z- k1--►nl f 6. That the undersigned agrees to record this covenant with the North Essex County Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board in the event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the definitive subdivision plan as approved. 7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three(3).years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G.L 8. That this covenant shalt be executed before endorsement of approval of the definitive plan by the Planning Board and shall take effect upon the endorsement of approval 9. Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before January 13. 1999 the Planning Board shall release this covenant by an appropriate instrument, duly 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 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 one.or in part by one and in part by another 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 performance of the construction and installation; and 11. Lot #6 on said plan is hereby not included in covenant as there is an existing house on that lot. ' M25sachusef S Federation of Planning and Appeals Boards 1972 IRev,seo 1960, 19a3. 19ba1 20.18 ZO-d Zi7S6 209 SIDS na❑ •uwoID Aanopuy q .AON H61: = 0L 26-OZ- «t^1 1 .,John Bolton 2.Elsie M. Heinze, et al . For iitle to the props , see deed from 3. Farr Better Homes, Inrdated 8/1/67 & 7/17/67 Book 1087 (1&2) recorded in Morthssex Registry of Deeds, Booksee�ePa9e see si e or registered Book 2039 (3) in Land Registry as Document No. , and noted on certificate of title no. , in Registration Book , Page Page 1. 314 The present holder of a mortgage upon the property is of Page 2. 315 Page 3. 250 The mortgage is dated .and recorded in Registry of Deeds, Book , Page , or registered in Land Registry as Document No. , and noted on certificate of title no. , in Registration Book Page . The mortgagee agrees to hold the mortgage subject to the covenants set forth above and agrees that the covenants shall have the same status, force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant. , spouse of the undersigned applicant hereby agrees that such interest as I,we, may have in the premises shall be subject to the provisions of this covenant and insofar as is necessary releases all rights of tenancy by the dower or homestead and other interests therein. IN WITNESS WHEREOF we have hereunto set our hands and seals this 27th of Julv, 98 Owner Ci✓ Spouse of net Mortgage Acceptance by a Majority of the Planning Goaro of One acknowledgement must be completed for each of the following: Planning Board representative Owner or owners Sp9pse of the owner Mortgagee COMMONWEALTH OF MASSACHUSETTS ss 19 9.L Then personally appeared before me the,above named Zl�d 7aw and acknowledged the foregoing instrument to be T/l free act an deed. Signature of Notary Public My commission expires niassacI-isecis Federation of °ianning and ApDeais BOsids 1972 JReY."a 19W t983 19881 20.19 £O - d Z-b96 029 SOS ' Aaa -Woo AaAOPUV qq-. ON H09 =OZ 86-0Z--A1eW . '�, ''' :` .4{'y v�•;�'.'6 i` 1r:k4�di ��•l,`; *r�.r\..,_` . ��'" , ' ', ,' 1��i,.`��:i'1'.Spt plr��({` 4J,��+•!•'f�•'C 7;Ii\�V.,��'"y;4,rlli-'.'....... '•'`•+.~ ,`;..I,.' .. :�•� .', .1!' ," 1: ''\. Y ,R•�1 Jr�tl�'JM �t�• 11 7�1��a1,\'�;tt x��•��7.�1�-�I��i{�t .N- a t' `' w°.''•` ' �. ;. 'I !r.•. �'�,�:;.�, �¢•.:�Y`r: � �'.\l�:�S„�i,'�i � fit ' .�i; COMMTt�hfp TH OF',MASSACHil J „SETTS• Essex County ss 19� Then personally appeared before mebove named f�• S. �iUUJ�h the foregoing instrument to be Z free act and deed: _ and acknowledged /S t Signature (bigNotary Public My commission expires a0mil L!-I COMMONWEALTH OF MASSACHUSETTS Essex Count! ss 19 Then, personally appeared before me the above named the forecoing instrument to be and acknowledged free act and deed. 0 Signature of Notary public My commission expires COMMONWEALTH OF MASSACHUSETTS ss ! 19 Then personally appeared as the Applicant or his/its authorized agent and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed of the Applicant, before me. NoZarry Public My Commission Expires: VO-d Zb96 829 805 -Aa❑ -woo AaAOPUV 4gAoN V09 : 01 86-OZ--AEW FORM y C) ' COVENANT January 12, 1999 North Andover Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated December 6, 1996 to the North Andover Planning Board for approval of a definitive plan of a subdivision of land entitled: Salem Forest IV , plan by: �v Hancock' Survey_ Asso(dated: Dec. 2, 1996 and owned by: Farr Better Homes address: 216 Raleigh Tavern Lane, NA , land located: off Raleigh Tavern Lane , and showing 5 proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. (see NERD Plan 13035) IN CONSIDERATION of said Planning Board of North Andover in the county of approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the Town of North Andover as follows: 1. That the undersigned is the owner' in fee simple absolute of all the land included in the subdivi- sion and that there are no mortgages of record or otherwise on any of the land, except for those described below, and that the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. 'If there is nore than one owner, all must sign. ''Applicant" may be an owner or his agent or representative, or his assigns, but the owner of record must sign the covenant. 2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma- nent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants. conditions, agreements, terms and provisions as specified in the following: a. The Application for Approval of Definitive Plan (Form C). b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this subdivision. c. The certificate of approval and the conditions of approval specified therein, issued by the Planning Board, dated January 91 1997 d. The definitive plan as approved and as qu .iified by the certificate of approval. e. Other document(s) specifying construction to be completed, namely: However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which pro%. fey that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. 3. That 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 specific lots to be released; and 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. Massachusetts Federation of Planning and Appeals Boards 1972 (Revised 1980. 1983.1988) 20.17 r�yJ 6. That the undersigned agrees to record this covenant with the North Essex County Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board in the event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the definitive subdivision plan as approved. 7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three (3) years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G.L. 8. That this covenant shall be executed before endorsement of approval of the definitive plan by the Planning Board and shall take effect upon the endorsement of approval. 9. Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before OM 5 Co- the Planning Board sh II release this covenant by an appropriate instrument, duly 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 plan. Upon performance of this covenant with respect to any lot, the Planning Board may release such 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.G.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 11. Lot #6 on said plan is hereby not included in covenant as there is an existing house on that lot. Massacnusetts Federation of Planning and Appeals Boards 1972 (Revised 1980. 1983. 1988) 20.18 1. John Bolton 2. Elsie M. Heinze, et al For title to the property, see deed from 3. Farr Better Homes, Incdated 8/1/67 & 7/17/67 Book 1087(1&2 recorded in North Essex Registry of Deeds, Book see si, a esee side g ry g , or registered Book 2039 (3) in Land Registry as Document No. , and noted on certificate of title no. , in Registration Book , Page Page 1. 314 Page 2. 315 The present holder of a mortgage upon the property is of Page 3. 250 The mortgage is dated and recorded in Registry of Deeds, Book , Page , or registered in Land Registry as Document No. , and noted on certificate of title no. in Registration Book , Page . The mortgagee agrees to hold the mortgage subject to the covenants set forth above and agrees that the covenants shall have the same status, force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant. , spouse of the undersigned applicant hereby agrees that such interest as I, we, may have in the premises shall be subject to the provisions of this covenant and insofar as is necessary releases all rights of tenancy by the dower or homestead and other interests therein. IN WITNESS WHEREOF we h ve hereunto set our hands and seals this �C� of SC )0,C�_ , 19 . + I✓t�5' t / �/ Owner Spouse of Owner Mortgage Acceptance by a Majority of the Planning Boaro of One acknowledgement must be completed for each of the following: Planning Board representative Owner or owners Spouse of the owner Mortgagee COMMONWEALTH OF MASSACHUSETTS Then personally appeared before me the above named 7UY:.,t2A /2�a—bb IeV and acknowledged the foregoing instrument to be free act and deed. Signature oVf4otary Public My commission expires �� �/ // DU 3 — Massachusetts Feoerahon of Planning and Appeals Boaids 1972 (Revisea 1980. 1983. 1WI 20.19 FORM T COVENANT January 12, 1 g99 North Andover . Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated December 6, 1996 , to the North Andover Planning Board for approval of a definitive plan of a subdivision of land entitled: Salem Forest IV , plan by: � Hancock Survey Asso@lated: Dec. 2, 1996 and owned by: Farr Better Homes address: 216 Raleigh Tavern Lane, NA , land located: off Raleigh Tavern Lane , and showing 5 proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. (see NERD Plan 13035) IN CONSIDERATION of said Planning Board of North Andover in the county of approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the Town of North Andover as follows: 1. That the undersigned is the owner' in fee simple absolute of all the land included in the subdivi- sion and that there are no mortgages of record or otherwise on any of the land, except for those described below, and that the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. If there is nore than one owner, all must sign. "Applicant" may be an owner or his agent or representative, or his assigns, but the owner of record must sign the covenant. 2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma- nent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, terms and provisions as specified in the following: a. The Application for Approval of Definitive Plan (Form C). b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this subdivision. c. The certificate of approval and the conditions of approval specified therein, issued by the Planning Board, dated January 9, 1997 ,_ . d. The definitive plan as approved and as qu..iified by the certificate of approval. e. Other document(s) specifying construction to be completed, namely: However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which pro,., fey that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. 3. That 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 specific lots to be released; and 5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant, of either the entire paf•ccl of land shown on the subdivision plan or of all lots not previously released by the Planning Board. Massachusetts Federation of Planning and Appeals Boards 1972 (Revised 1980. 1983. 1988) 20.17 v 6. That the undersigned agrees to record this covenant with the North Essex County Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board in the event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the definitive subdivision plan as approved. 7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three(3)years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G.L. 8. That this covenant shall be executed before endorsement of approval of the definitive plan by the Planning Board and shall take effect upon the endorsement of approval. 9. Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before Y` the Planning Board sh 11 release this covenant by an appropriate instrument, duly 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 plan. Upon performance of this covenant with respect to any lot, the Planning Board may release such 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.G.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 11. Lot #6 on said plan is hereby not included in covenant as there is an existing house on that lot. Massachusetts Federation of Planning and Appeals Boards 1972 (Revised 1980. 1983. 1%8) 20.18 1. John Bolton 2. Elsie M. Heinze, et al For title to the property, see deed from 3. Farr Better Homes, Incdated 8/1/67 & 7/17/67 Book 1087(1&2?ecorded in North Essex Registry of Deeds, Book see sid�agesee-side, or registered Book 2039 (3)in Land Registry as Document No. , and noted on certificate of title no. , in Registration Book , Page Page 1. 314 Page 2. 315 The present holder of a mortgage upon the property is of Page 3. 250 . The mortgage is dated and recorded in Registry of Deeds, Book , Page , or registered in Land Registry as Document No. , and noted on certificate of title no. , in Registration Book , Page . The mortgagee agrees to hold the mortgage subject to the covenants set forth above and agrees that the covenants shall have the same status, force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant. , spouse of the undersigned applicant hereby agrees that such interest as I,we, may have in the premises shall be subject to the provisions of this covenant and insofar as is necessary releases all rights of tenancy by the dower or homestead and other interests therein. IN WITNESS WHEREOF we h ve hereunto set our hands and seals this of Owner �� / Spouse of Owner Mortgage Acceptance by a Majority of the Planning Boaro of One acknowledgement must be completed for each of the following: Planning Board representative Owner or owners Spouse of the owner Mortgagee COMMONWEALTH OF MASSACHUSETTS ss 19 %9 Then personally appeared before me the above named `70�4 1 and acknowledged the foregoing instrument to be free act and deed. Signature otary Public My commission expires Massachusetts Feaerat,on of Planning ano Appeals Boards 1972 fRevisea 1980. 1983. 1988f 20.19 Ir: ',!, .;d'.,' 74: �.elii.ar ya/'�f;.. b ni y.{\�::•}�a z �,{�f: �•r:. .•a. 'a r..... . r It ;•," 't!::1• is t'• 'ter�irF3r t. +'���at 11_' �1T"W 1,"; t + ,�,x•� c..'_,:, ,..,ta '�, t:'i4.r:::r$r�,,tt 1. .i w'� •*1 1� �:1 t�t 1` � t t.'� • •.. , 1:'r a!� tt,l:��a ..n to ffJa. �l al li;a Oaf 1hr,i �e t 7 rr � f r � ,3 :rF?fee.��.L a r � t t k,,tt,�y •2 ,.. it. / �aa t. r. , fM' �, -i, aa.k,�• ,i�; 1 �ib�:,:tr7f�.q�n t 1�a��i��11 a4Y�atj p'S1�3 ��� �` t �, � r .r r- , rrlit,l !•;�' �,rrl ♦YI�n1Q� :�Ailtt 'rNS�'l 1��.,�\'�ts..lt I�I..j r rir' a�tl. ,. �. �: ' ' :1. . .r t= it ` ia"1 ;:A��a131,��'r;11� : '!�'��� �•.�+4::t 1 „' }I . ;. ' COMMON LTH OF`,MASSACHUSETTS' t i Essex County ss a � 191999 � r Then personally appeared before me the above named 67(fO y— /�C(rl' and acknowledged the foregoing instrument to be _ /S free act and deed. N Signature Notary Public My commission expires �f///- COMMONWEALTH OF MASSACHUSETTS Essex Countv ss lQ Then Personally p 1 appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Signature of Notary Public My commission expires COMMONWEALTH OF MASSACHUSETTS ss , 19 Then personally appeared as the Applicant or his/its authorized agent and acknowledged the foregoing instrument to be his or her free act and deed and the free act and' deed of the Applicant, before me. Notary Public My Commission Expires : S 7.5 V FORM M EMW COINWYANCE OF EASEMENTS AND UTILITIES John F. McGarry, Trustee of flak Tr,jet (nameofow-ner)of 401 Andover St, , No:Andover ,(address) Essex County, Massachusetts; for the consideration of One dollaz hereby grants, transfers and delivers unto the Town of North Andover, a municipal corporation in Essex County, the following: A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all other acts incidental to .the foregoing, including the right to pass along and over the land for the aforesaid purposes, in, through, and under the whole of Salem Forest IV , dated June 21, 1996 , 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 a roadway (describe use/purpose) the following parcel-of land situated on Sterling Lane (Street) in said Town of North Andover and bounded and described as follows: See said Plan No. 13035 recorded in the Essex North District Registry of Deeds for a specific description of the roadway. The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that lie (it) has good title to transfer the same, and that he will defend the same against claims of all persons. George H. Farr and For grantor's title see deed from Wanda H. Farr dated Marcb 15 19 99 , and recorded inE_ssex North District Registy of Deeds, Book 5371 Page 41 or under Certificate of Title No. registered in District of the Land Court, Book , Page This is not a homestead property. To be completed if a mortgage exists: And Danvers Savings Bank the present holder of a mortgage on the above described land, which mortgage is date41&r_ h 1 5 ; 19 99 and recorded in said Deeds,Book 9371,Page 9_,for consideration paid,hereby releases unto the Town forever from the operation of said mortgages, the rights and easements herein ove granted and assents thereto. Authorized signature of Mortgagee er IN NVITNESS WHEREOF we have hereto set our hands and seais this 15th day of Qctober ' 19 99 COMMONWEALTH OF MASSACHUSETTS Essex ss October 15, 19 99 Thea personally appeared the above named John F. McGarry and acknowledged the foregoing to be a free act and deed, before me. 4otaryPubllc Susan A, Connor My Commission Expires: August 30, 2002 NOTE: This conveyance is not effective until accepted by Town Meeting. FORM M CONVEYANCE OF EASEMENTS AND UTILITIES 216 Raleigh Tavern Lane George-H. & Wanda H. Farr ,(nameof owner)of North Andover Ma. Essex ,(address) County, Massachusetts; for the consideration of ONE DOLLAR hereby grants, transfers and delivers unto the Town of North Andover, a municipal corporation in Essex County, the following: A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and(3) a covered surface and ground water drain or drains with any manholes, pipes;conduits and their appurtenances, and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes, in, through, and under the whole of Salem Forest IV , dated December 2, 1996 , 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 A ROADWAY (describe use/purpose) the following parcel of land situated on Sterling Lane (Street) in said Town of North Andover and bounded and described as follows: see attached easement description The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it) has good title to transfer the same an t�iat he will defend the same against claims of all persons. 1. o n Bolton 2. Elsie M. Heinze, et al' For grantor's title see deed from3. Farr Better Homes-,--In .dated?/17/67 & 8/1/679 67 , and recorded inEssex North District Registry of Deeds, Book 2) , Page3tt 11>5(2) , 260(3) or under Certificate of Title No. ,registered in District of the Land Court,Book , Page This is not a homestead property. To be completed if a mortgage exists: And the present holder of a mortgage on the above described land, which mortgage is dated , 19 and recorded in said Deeds,Book ,Page ,for consideration paid,hereby releases unto the Town forever from the operation of said mortgages, the rights and easements herein above granted and assents thereto. Authorized signature of Mortgagee Owner IN WITNESS WHEREOF we have hereto set our hands and seals this 71+4 , day of &I&L , 19 ? COMMONWEALTH OF MASSACHUSETTS ss J G �`l' , 19 2 Then personally appeared the above named ��Q g h ��and�kno I dgeedd tthfo foregoing to be ,r free act and deed, before me. �v� %� 00taryblic o lejjc' � p My mmission Expires: Jo NOTE: This conveyance is not effective until accepted by Town Meeting. 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 for the Performance Bond or Surety and dated 19 and/or by the Covenant dated _January 12 , 19 99 __ and recorded in District Deeds, Book , Page or registered in Land Registry District as Document No. 2322 and noted on Certificate of Title No. in Registration Book Page has been completed/partially completed, to the satisf action, of the Planning Board to adequately serve the enumerated lots shown on Plan entitled " ' Salpm Forpsr Tv Section (s) , Sheets 1-6A Plan dated ma41 19 _U recorded by the North Essex Registry of Deeds, Plan Book or registered in said Land Registry District, Plan Book , W Plan 13035 , 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) ) Lots 1-5 Street #s 40,54,66,72,75 b. (To be attested by a Registered Land Surveyor) Ly,., E 20 -_-� ,r9 10 I hereby certify that lot number (s) 1-5 on Sterling Lane street(s) do conform to layout as shown on Definitive Plan entitled " Salem Forest IV Section Sheets) _tin Registe yor J. y SSERGI y No,3319, ISTER�� LAN G-UhYI� L11) of a Told Zt,96 989 209 ' Aa❑ -WOO tanopuV q--_toN dgZ = LO 86- LZ- Lnr Sent by:G Oct-13-99 10;52 from 978372396099786857878 rage li t 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 Performance Bond or Surety dated , 19 _, and/or Covenant dated ��, 19 99 from Planning Board of the CitY/Town Of kJp Andover Essex County, Massachusetts recorded with the Nnrt-1, Facax District Deeds, Book , Page Instrument #2322 or registered in Land Registry District as Document No. and noted on Certificate of Title No. , in Registration Book, , Page ,, acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows; rXECUTED as a sealed instrument this 117 7Cday of , 19 9 9 Majority of the Planning Board Board of the Town of �G�/i North Andover lt. � (�• COMMONWEALTH OF MASSACHUSETTS c C-I l `L - , �s l Then personally appeared l y. ��S(��"1 SCCrPC�t-�, 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 Hoard, before me. Notaz� `Publ ie My commission Expires 2 of 2