The URL can be used to link to this page

Home My WebLink About1983-12-06 Legal Documents DEF SUB • Aw FO RM I COVENANT January 30 , 19 84 . No.. Andover ,Massachusetts KNOW ALL MEN by these presents that the I Qf Nortp Anclov has submitted anningn application dated August 1, 1983 to the Board for approval of a Definitive Plan of a su divisions F an win andtled : Salem Forest II for George and Wanda Farr , p 1 an by = 1983 , a n d dated : st 1, Augu Neve Associates a.d d r e s s : 216 Raleigh Tavern Lane o w n e y : George and Wanda Farr , ; land located :— South of North Andover MA and showing 6 — proposed ill Lane No. Andover, MA ots . T e undersigned has requested t e_, Planning Board to approve such plan without requiring a performance bond . Town of North Andover IN CONSIDERATION of said Planning°Board s f p an w t out requiring a vingin the county of Essex pp performance bond ;tFi—e—undersignhereby covenants and agrees with the inhabitants of the town as follows : 1 . That the undersigned is the owner* ' in fee simple absolute of allges the land included in the subdivision and that there a re no recorof d or otherwise on any °f the oldersaof, saidemor°�gages those havedescribed assented below , and that the present h to this contract prior to its execution by the undersigned . * If there is more than- one ,owner, 41/I - mutt sign . , "Appl,icant" may be an owner or his agent-,or_.-repre"s.e-�ntative, or -his' -assigns , but. the owner of record must sig-n.'the-.covenant : That the undersigned will not: sell or convey any lot inloteusubdi 2 • ermane.nt-' bui 1 di ng vision or erect or any p _ ntil the construction of ways and:-isuchllot--basobeenncompletedrincaccor- necessary to adequately serve dance with the covenants ,_ conditions ,;-`agreements , terms and provisions as specified in the following : 1 "-"- a . The Application for ApprorovaT of De'finitiye Plan ( Form C) . b . The Subdivision Control . Law -and tIhe PVanning Board 's Rules and Regulations governing this subdivision . of proval C . The Certificate of Approval and the c°nBoardnsdatedpr�ecember 6 e1g83. cified therein , issued by the Planning d . The Definitive Plan as approved and as qualified- by the Certi - ficate of Approval e . Other document (s ) specifying construction to be completed , namely , ( Page 1 of 3) . 1 ed premises - ortga9 __- title to them °f the mortgaged _ee who acquires n owner subject only to _ - a mortgag d any ;'succeedin lot, However , otherwise and or no lot convey athat be sold 246 by foreclosure or may rov * des premises or part upon _until ways and services have Portion of this covenant which p shall built P oraconveyed or serve lot . adminis - been provided to on the executors t shall be bindingsupand assigns of the undersigned the land included in 3 • That this covenant heirs , successor with on the land devisees , covenant running ictions up tratorss s restr and shall constitute a opera te a shall be i fi catedo from the subdivision and shall within the subdivision cert and enum- lots w ecording ' of a Board That particular of the pl anni ng 4 upon to inn conditions majority the foreg° eXecuted by a e released . performance lots to b conveyance by a eratino the specific prohibit a c arcel shall be deemed to p , ither the entire P herein of e lots not previously That nbth�'n9subj to this covenant , or of all 5 • deed ect sinole the subd vision Plan of land shown with the EssseX-- released by this covenant to Pay - to record forthwith , or aairees o f Deeds , i n 'the event County Registry planning Board Deference 6 , That the undersigned fees to the said North District this ar,reement forthwi Subdivision t e necessary recording shall record on the gefinitive the Planning Board shall be entered up to this covenant the -covenant s approved . �' of Plan a ' in violation of. the-cov- art of .the subdivision - e releaSe of -ouch raor� to_ the date , 7 p deed or- any -by -the - grantee 3 haaterf4lm the shall ,bbutonot later than. thr81_U �, C p enant , in Section : ent .of approval rovided before endorsem take effect deed , as P be executed: shall shall Board and S. That this. cov enant b the-planning definitive Plaof approval . installation of the endorsement of ways- and upon the c°nstr�gcti�n before completion of the on on or ovenant Y an comp as specified hereins this c 9 • upon final shall release co" lete cor services Board Failure to p sucl of municipal the Planning acknowledged specified herein or duly the time P Board with appropriate instrument ion within the Planning . and installat b ' vote of result in automatic struction s may be specified . ,y shall. r of this later date a the apPlicant , Upon performancerelease oncurrence of of the plant ing Board may reC( written c the approval lot, -the' Plann instrument .duly rescission °f respect-.to any appropriate - with- an the meth covenant this covenant by from -varying such lot from applicantmunicipa rohibit the ` and .a installation of .part by n herein shall p wano by one , or � ,G .L • > Ch 10 . Nothing the construct10br°f romysecur described in P, of securing to time methods � c1ent in the time them is suff con- services from by another of security of the one and in part as lone a to secure performance 41 , Section Plannino -Board °pinion . of the struction and installation . (pave For tle to the property , 'see deed from John Bolton dated 8/1/67 recorded in Essex Nor District - R E g s t ry o Deeds , Book 1087 , Page 314 or registered in Land Registry as Document No . , and , noted on certificate of title No . in Registration B000T- Page _ The present holder of a moortgage upon the property is none and recor e in or registered The mortgage is ate Page � Registry of Deeds , Book g ,- � n Lan egistry as Document No . . Book- and no a on certi icate of title No in Registration Book Page The mortgagee agrees tea the mortgage subject to tTie covenants set forth above and agrees ho same status , force and effect ugha the covenants he executedandrecorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant. „ spouse of the undersigned applicant es shall ere y agrees that suc interestthis as lcoVenant and+ insofar as, we may have in the eissnecess - be subject to the provisions o � ary releases all rights of tenancy by the dower or homestead and other interests therein . we have hereunto set our hands and seals this IN WITNESS WHEREOF �r lg 84 of February_ / 4 r Y u .mAc-cep>ta,n-ce y_ a- Majority Of the Planni g Board of �08 L Commisiid E.PWOmoo Qm,ggbl Recorded Feb,1011984 at 4:6PM //2311 (Page 3 of 3) -- 231 ESSEX RE,,-,,OF DEEDS rE� 14 ob ;i D E 0 �jena/�o • �� . Fah lO ' fl 4 FAND 1-776 s �4 _ FORM J RELEASE FORM f; 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 the Performance Bond or Surety and dated _August 6, 1g 84 and/or by thRs @yWt h dated February 1, l9 84 and recorded in /Di s tri ct Deeds , Book 1776 Page _245 or registered in N/A Land Registry District as Document No . N/A and noted on Certificate of Title No , N/A in Regis - . _ .. ._.. tration Book N/A , Page N/A has been completed/partially th completed , to e sati sfacti_on �of the Planning Board to adequately serve the enumerated lots shown on Plan entitled "' Salern Forest 11 for George and Wanda _ _..F arr�.,._.�,.°. _ �...-_-...°.�,..�....- S cw5 c t i o n ( s ).____ , Sheets Plan dated August - , ' 1g 83 corded by the" Esser tr North District 9378 � ,a _ _ Registry of Deeds , Plan 61&1 oVVYW r registered in said Land) g °Re istr . Distr`� ct , Plan Book. y � /'A � 5 Plan /A and said lots are hereby .released from the re- _ stric7 anis ds to -sale and building sp_eci fi ed .there.on . Lots designated on said .Plan as follows : -( Lot. number( s ) and street( s ) ), Lots-1-6 inclusive, Patton Lane as .sho-wn on said Plan of "Salein Forest recorded as plan 9373 b . (To be attested to by a Registered Land Surveyor) � 1-6 inclusive I hereby_eert ° fy - that lot number( s )1,6 _. on Patton Lane� Street (s ) ° do conform to layout as shown on Definitive Plan entitled 'Galen r Forest 11 for George and Wanda. Farr" Section Sheets w Registered L d Surveyor c- The Town of Noi _.i t odover ; a municipal cor, ra ci on situated in the County of Essex , Commonwealth of Massachusetts, acting by its duly organized Planning Board , holder of a Performance Bond or Surety dated __August 6 19 84 , and/or a Covenant dated, l+ebruary -84 f romGeorge H. Farr and Wanda H. Farr of t o fix (Town of North An over, Essex County , Massachusetts recorded with t ssex or District Deeds , Book 1776 Page or registered i n Land Registry District s Document No . and noted on Certificate of Title No . N7A in Registr` anon Book N/A , Page N/A , acknowledges satisfaction of the terms thereof andhereby �e eases its right , title and in - terest in the lots designated on said plan as fol 1 ows : Lots 1-6 inclusive, Patton Lane on plan of "Salem Forest 11" No. 9378 EXECUTED as a sealed instrument this ''day of ��'` 19 { Majority of the Planni ng Board - o'f the Town of North Andover v --'�< COMMONWEALTH OF MASSACHUSETTS I Then 'personally appeared ,/ "�� - wyj �4 , one of the above named members of the Planning Boar -of t e own o North Andover , Mas-sachusetts and acknowledged the foreaoino instrument to be the free act and deed of said Planning Board , before ' me , 3 Notary P i c My Commi ss ion Ex'pi res °i 7; 3 (Page 2 of 2 )