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HomeMy WebLinkAbout1975-08-05 Legal Documents 29 (Rage 1 of 2) FORM I COVENANT Know dll men by these presents that whereas the undersigned has submitted an application dated tl& 20 , 19 to the North Andover Planning Board for pprroval of a defini ive plan of a certain subdivision entitled and dated 19 , and has requested the Board to approve such plan wit out requiring a performance bond , NOq THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the North Andover Planning Board approving said plan without requiring a performance bond , and in consideration of one dollar in hand paid , receipt whereof is hereby acknowledged , the undersigned covenants and agrees with the Town of North Andover as follows : 1 . The undersigned will not sell any lot in the subdivision or erect or place any permanent building on any such lot until the construction of ways and municipal services necessary to serve adequately such lot has been completed in the manner specified in the aforesaid application, and in accordance with the covenants, conditions, agreements, terms and provisions thereof. 2. This agreement shall be binding upon the executors, admini- strators, devisees, heirs, successors and assigns of the undersigned . It id the intention of the undersigned and it is hereby under- stood and agreed that this contract shall constitute a covenant running with the land included in the afo-,,c aaJ.d Jub- division and shall operate as restrictions upon said land . It is understood and agreed that lots within the subdivision shall , respectively, be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of said Planning Board and enumerating the specific lots to be so releasedy all as provided by Section 81-U, G.L. c. 41 3 . The undersigned represents and covenants that undersigned is the owner- in fee simple of all the land included in the aforesaid subdivision and that there are no mortgages of record or othcr- wise on any of said land , except such as are described below and subordinated to this contract, and the present holders of said mortgages have assented to this contract prior to its execution by the undersigned . *If there is more than one owner, all must sign. (Page 2 of 2) ' l'ORM I IN WITNESS WH ,REO9 the undersigned , app icant as aforesaid, , does hereunto set lrirs handy and seals this day of 19 '• A licant•' s signature / Received by Torn Clerk : Applicant ' s address ��� - ` "° e '� Ald Time f� .L._y� Owner' s signature and address if not the applicant Signature `+ Description of Mortgages :0d- k,!1'11! zeP _ . 01 ire ca rde _%n 3 ook :i nF3 . 'a e 3 a- 31.5_ ._ - --- ----- ----�---- _�. -- �i�Give comple names and Registry of De�eference . w Assents of Mortgagees : e.. u COMMONWEALTH OF MASSACHUSETTS ss ' l9 Then per,-,onally appeared the above named and acknowledged the foregoing instrument to be free act and deed , before me . ioAta-ry Public My commissi n ex ireS .- I. c,r c�a^c7 ci Feb. o,t P ; '-&)CY, t`�"£ 26 i SUBDIVISION CONTROL AGREEMENT SECURING THE CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES For 2040 FEET OF GRANVILLE LJ,:NE Agreement made this day of 1976s, by and between George H. Farr, hereinafter referred to as the "Applicant"; Savings Bank, hereinafter referred to as "Lender"; " Family Mutual the „Lender ; and the town of North Andover, acting through its Planning Board, hereinafter refer red,to as the "Board, vis: Whereas, pursuant to the provisions of the Massachus etts Subdivision Control Law and the Board's Rules and Regulations adopted thereunder, the Board has approved a definitive plan entitled "Salem Forest, " dated May 1975, and revised September 1, 1975. The Applicant and the Board have agreed upon conditions of approval, which:--conditions have been inscribed on said Plan, which conditions are as L- follows: I. That the record owner of the subject land forthwith execute and record a covenant running with the land or otherwise provide security for the cconstruction of ways and the installation of municipal services within said Subdivision. 2. All improvements and design standards shall meet th e requirements of the-�rules and regulations governing the subdivision of land in the To of d of North Andover in effect on the signing of these plans. w 3• Water installation shall be in accordance with the Board of Public Works. 4. Each lot zhalllrequire individual disposals stem y permits subject tot e Board of Health Rules and Regulation. -2- Whereas, the Applicant will grant to the Lender a mortgage covering the land shown on said plan as:; ecurity for the payment of a certain note in the principal sum of $140, 000. 00 For 2040 Feet of .GRV".TLLE LANE. Whereas, the Lender will withhold $100, 000. 00 of said principal sum to be disbursed to the Applicant as and when municipal services shall have been installed and ways constructed pursuant to said plan, said Rules and Regulations, and Restriction Agreement; Now, Therefore, it is understood and agreed that the Lender shall � j j.00;000.00 j retain the sum of $10,0;000.00., deemed by the Board to be sufficient, re- leasing only such funds from time to time as approved by a vote of the Board as the municipal services and ways shall be deemed to have been completed or partially completed in accordance with its applicable rules and regulations: for 2040 Feet of AMOUNT SERVICES AND WAYS GRITVILLE LkBE Drainage Complete 20, 000. 00 Water Complete 30, 000. 00 Gravel base and binder coat of hot top 20, 000. 00 Balance on completion 30, 000. 00 $100, 000. 00 It is also understood that funds for the above services and ways are to be advanced by the Family Mutual Savings Bank only through written author- ization of the North Andover Planning Board, -3- It is further agreed and understood that all of the above services and ways shall be completed no later than July 1, 1977, unless the date be extended by written amendment by mutual agreement of the parties thereto. In the event the work is not completed within the time set forth or as extended, stticlfunds as retained by the Lender shall be made available to the Board for completion of the work, and the Applicant shall be deemed to have authorized the release of said funds for said purpose, and to have relinquished all claim to said funds. The obligations of the parties hereunder are to be construed consistent with the subdivision control law, and no rights granted thereunder are waived. Executed as a sealed agreement on the date first written above. TOWN OF NORTH ANDOVER PLANNING BOARD BY Chairman acting for the Town of North Andover. FAMILY MUTUAL SAVINGS BAN BY ITS A PPLICANT GEORGE H. FARR SUBDIVISION CONTROL AGREEMENT SECURING THE CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES Agreement made this day of M 1976, by and between IV George H. Farr, hereinafter referred to as the "Applicant"; Andover Savings Bank, hereinafter referred to as the "Lender"; and the town of North Andover, acting through its Planning Board, hereinafter referred to as the "Board", vis: Whereas, pursuant to the provisions of the Massachusetts Subdivision Control Law and the Board's Rules and Regulations adopted thereunder, the Board has approved a definitive plan entitled "Salem Forest, " dated May , 1975, and revised September 1, 1975. The Applicant and the Board have agreed upon conditions of approval, which conditions have been inscribed on said Plan, which conditions are as follows: 1. That the record owner of the subject land forthwith execute and record a covenant running with the land or otherwise provide security for the construction of ways and the installation of municipal services within said subdivision. 2. All improvements and design standards shall meet the requirements of the rules and regulations governing the subdivision of land in the Town of North Andover in effect on the signing of these plans. 3. Water installation shall be in accordance with the Board of Public Works. 4. Each lot shall require individual disposal system permits subject to the Board of Health Rules and Regulations. Whereas, the Applicant will grant to the Lender a mortgage covering the land shown on said plan as security for the payment of a certain note in the principal sum of $194, 000. 00. Whereas, the Lender will withhold $100, 000. 00 of said principal sum to be disbursed to the Applicant as and when municipal services shall have been installed and ways constructed for 2040 Feet of Granville Lane as shown on a plan entitled ''Definitive Subdivision Plan of Salem Forest, George H. and Wanda Farr, Owners, dated May, 1975'' from Salem Street at the Northerly terminus of Granville Lane to the Southeasterly boundary of Lot 12 on said plan, pursuant to said plan, said Rules and Regulations and Restriction Agreement; Now, therefore, it is understood and agreed that the Lender shall retain the sum of $100, 000. 00 deemed by the Board to be sufficient, releasing only such funds from time to time as approved by a vote of the Board as the munici- pal services and ways shall be deemed to have been completed or partially completed in accordance with its applicable rules and regulations: SERVICES AND WAYS AMOUNT Drainage Complete $ 20, 000. 00 Water Complete 30, 000. 00 Gravel base and binder coat of hot top 20, 000. 00 Balance on completion 30, 000. 00 $ 100, 000. 00 It is also understood that funds for the above services and ways are to be advanced by the Andover Savings Bank only through written authorization of the North Andover Planning Board. -3- It is further agreed and understood that all of the above services and ways shall be completed no later than July 1, 1977, unless the date be extended by written amendment by mutual agreement of the parties thereto. In the event the work is not completed within the time set forth or as extended, said funds as retained by the Lender shall be made available to the Board for completion of the work, and the Applicant shall be deemed to have authorized the release of said funds for said purpose, and to have relinquished all claim to said funds. The obligations of the parties hereunder are to be construed consistent with the subdivision control law, and no rights granted thereunder are waived. Executed as a sealed agreement on the date first written above. TOWN OF NORTH ANDOVER PLANNING BOARD By Chairman, acting for the Town of North Andover. ANDOVER SAVINGS BANK By Its Assistant President APPLICANT GEORGE H. FARR SUBDIVISION CONTROL AGREEMENT SLtURING THE CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES Agreement made this 23rd day of , JJAYL , 1978 , by and between George H. Farr, hereinafter referred to as the 'Applicant" ; Andover Savings Bank, hereinafter referred to as the "Lender' ; and the town of North Andover, acting through its Planning Board, hereinafter referred to as the "Board" , vis : Whereas, pursuant to the provisions of the Massachusetts Subdivison Control Law and the Boards Rules and Regulations adopted thereunder, the Board has approved a definitive plan entitled "Salem Forest, " - dated May, 1975 , and revised September 1, 1975- The Applicant and the Board have agreed upon conditions of approval, which conditions have been inscribed on said Plan, which conditions are as follows : 1. That the record owner of the subject land forthwith execute and record a covenant running with the land or 6tsherwise provide security for the construction of ways and the installa- tion of municipal services within said subdivision. 2. All improvements and design standards shall meet the requirements of the rules and regulations governing the subdivision of land in the Town of North Andover in effect on the signing of these plans. 3 . Water installation shall be in accordance with the Board of Public Works. 4. Each lot shall require individual disposal system permits subject to the Board of Health Rules and Regulations. 5. A temporary turn-around to town specifications will be installed as soon as possible. 2 Whereas , the Applicant will grant to the Lender a mortgage covering the land shown on said plan as security for the payment of a certain note in the principal sum of $136 , 000. 00 . Whereas , the Lender will withhold $54 , 025.00 of said principal sum to be disbursed to the Applicant as and when municipal services shall have been installed and ways constructed for an additional 900 feet of roadway from Station 21 + 50 to 30 + 50 of Granville Lane as shown on a plan entitled "Definitive Subdivision Plan of Salem Forest, May 1975 and revised September 1, 1975" , from Salem Street at the Northerly terminus of Granville Lane to the Southeasterly boundary of Lot 36 on said plan, pursuant to said plan, said Rules and Regulations and Restriction Agreement. Whereas , the Lender will withhold $23, 000 . 00 of said principal sum to be disbursed to the Applicant, plus $8 ,500.00 held in a savings account now being held by the Town of North Andover as and when the initial 2150 feet of roadway from Station 0 + 00 to 21 + 50 of Granville Lane as shown on said plan is hot topped, survey bounds put in place and miscellaneous matters completed. Now, therefore, it is understood and agreed that the Lender shall retain the sum of $77, 025. 00 plus $8 , 500 . 00 held in a savings account now being held by the Town of North Andover, deemed by the Board to be sufficient, releasing only such funds from time to time as approved by a vote of the Board as the municipal services and ways shall be deemed to have been completed or partially completed in accordance with its applicable rules and regulations. 3 - SERVICES AND WAYS from Station 21 + to 30 + 50 AMOUNT Drainage Complete $15 ,000 . 00 Water Complete 13 , 525 . 00 ` Gravel Base and binder coat of hot top 15 ,000 . 00 Balance on completion 10 ,500 . 00 $54 , 025 . 00 Completion of Way from Station 0 + 00 to 21 + 50 $31, 500. 00 Total Amount Withheld $85 , 525 . 00 It is further agreed and understood that all of the above services and ways shall be completed no later than October 20 , 1979 , unless the date be extended by written amendment by mutual agreement of the parties thereto. In the event the work is not completed within the time set forth or as extended, said funds as retained by the Lender shall be made available to the Board for completion of the work , and the Applicant shall be deemed to have authorized the release of said funds for said purpose, and to have relinquished all claim to said funds. The obligations of the parties hereunder are to be construed consistent with the subdivision control law, and no rights granted thereunder are waived. Executed as a sealed agreement on the date first written above. TOWN OF NORTH ANDOVER PLA N BOARD Chairman, acting for the Town of No. Andover r L✓ �'r 1,2., ��t �` � (-W "�. (� f,P , i,� o - 4 - ANDOVER SAVINGS BANK r � Its k-sr.1wt=pb ice President APPLICANT GEORGE H. FARR President - Farr Better Homes , Inc. SUBDIVISION CONTROL AGREEMENT SECURING THE 22 CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES Agreement made this 6th day of August, 1979 , by and between George H. Farr, hereinafter referred to as the "Applicant" ; Andover Savings Bank, hereinafter referred to as the "Lender" ; and the Town of North Andover, acting through its Planning Board, hereinafter referred to as the "Board" , vis : Whereas , pursuant to the provisions of the Massachusetts Sub- division Control Law and the Board' s Rules and Regulations adopted thereunder, the Board has approved a definitive plan entitled "Salem Forest, " dated May, 1975 , and revised September 1, 1975 . The Applicant and the Board have agreed upon conditions of approval which conditions have been inscribed on said Plan, which conditions are as follows : 1. That the record owner of the subject land forthwith execute and record a covenant running with the land or otherwise provide security for the construction of ways and the installation of municipal services within said subdivision. 2. All improvements and design standards shall meet the requirements of the rules and regulations governing the subdivision of land in the Town of North Andover in effect on the signing of these plans. 3. Water installation shall be in accordance with the Board of Public Works. 4 . Each lot shall require individual disposal system permits subject to the Board of Health Rules and Regulations. 5. A temporary turn-around to town specifications will be installed as soon as possible, t .,x 6 f 2 - 23 Whereas an agreement was entered into on May 23 , 1978 , by the said parties , which secured the construction of ways and municipal services from Station 0 + 00 to 30 + 50 of Granville Lane , as shown on a plan entitled "Definitive Subdivision Plan of Salem Forest, May 1975 and revised September 1, 1975 . " Whereas , in accordance with the terms of the said May 23 , 1978 agreement, an amount of $52, 175. 00 is presently being withheld by the said Lender, and the said Board has possession of a Bay State National Bank savings account passbook with principal and interest in the amount of $9 ,944. 00 , which equals a total amount of $62 ,119 . 00 presently being withheld to secure said construction of ways and municipal service, from Station 0 + 00 to 30 + 50 of Granville Lane. Whereas , said amount currently being withheld is in excess of the amount necessary to secure the remaining work required under the terms of the said May 23 , 1978 agreement. Whereas, the Applicant now wishes to secure the completion of the construction of the ways and municipal services for the remaining approximately 964 feet of Granville Lane as shown on said plan. Whereas , it is determined by the Board that an amount of $89 ,000. 00 will sufficiently secure the completion of ways and municipal services for the entire Granville Lane roadway as shown on said plan. Now, therefore , it is understood and agreed that the Lender shall continue to withhold the sum of $52 ,175. 00 , and the Board shall continue to withhold the sum of $9 , 944. 00 , contained in said savings account passbook, and the Applicant shall deposit a further amount of $26 , 881. 00 in said savings account held by the Board, for a total amount of $89 ,000 . 00 withheld, to secure the - 3 completion of the construction of ways and municipal services for the entire Granville Lane roadway as shown on said plan. The Board shall release only such funds , from time to time, as approved by a vote of the Board as the ways and municipal services shall be deemed to have been completed or partially completed in accordance with its applicable rules and regulations . It is further agreed and understood that all of the above services and ways shall be completed no later than October 1, 1980 , and the roadway binder courses no later than October 1 , 1979 for the final 964 feet unless the dates be extended by written amendment by mutual agreement of the parties thereto. In the event the work is not completed within the times set forth or as extended, said funds as retained by the Lender shall be made available to the Board for completion of the work, and the Applicant shall be deemed to have authorized the release of said funds for said purpose, and to have relinquished all claim to said funds. The obligations of the parties hereunder are to be construed consistent with the subdivision control law, and no rights granted thereunder are waived. Executed as a sealed agreement on the date first written above. TOWN OF NORTH ANDOVER PLANNING BOARD BY Chairman, acting or the Town of No. Andover. ANDOVER SAVINGS BANK By Its ss}/stant Vice President 4 - APPLICANT GEORGE H. FARR By 6 Recorded Sept.7,1979 at 2:10PM T`9213 Presiden - Farr Better Homes , Inc. DONALD H. SULLIVAN ATTORNEY AND COUNSELLOR AT LAW 806 BAY STATE BUILDING TELEPHONE AREA CODE 617 682.2100 LAWRENCE, MASSACHUSETTS 01840 September 19, 1979 John. J. Willis, Sr. , Esquire Town Counsel for North Andover 160 Pleasant Street North Andover, Massachusetts 01845 Dear John; As agreed, 1 am forwarding to you a modified Release of Lots (Provision of Surety) affecting Lots 21 and 22 on Plan No. 7401, modified to Lots 21A and 22A on Plan No. 8098 and to Lots 21AA and 22AA on Plan No. 8190. Mr. Farr is really doing some "re-shaping''. As l indicated, l believe that the reference to the latest lots on record should be in a newly recorded Release before the conveyance which is scheduled for on or before October 1, 1979. The .new plain, No. 8190, dated August 22, 1979, endorsed by the North Andover Planning Board on September 10, 1979 was recorded at the Registry of Deeds on September 11, 1979. A copy of the previousl release dated August 21, 1979 is enclosed. l do hope that this will not upset the members of the Planning Board and ;I appreciate their cooperation as well as that of your office. Many thanks. Sincerely yo rs, 27 Donald H. Sullivan LDS/pb Encs. RELEASE OF LOTS (Provision of Surety) North Andover, July 17 , 1978 The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts , hereby certify that sufficient surety, in the opinion of the said Planning Board, has been provided for the cost of the completion of the ways to provide access , frontage, and services to certain lots , hereinafter desig- nated, in accordance with the provisions of the Restrictive Covenant, dated January 30 , 1976 , and recorded in Essex North District Registry of Deeds , Book 1276 , Page 241, said lots being shown on plan entitled "Definitive Plan of Salem Forest" dated May 1975 , and revised September 1, 1975 , recorded with said Registry of Deeds as Plan No. 7401, : . said lots are hereby released from the restrictions as to sale and building specified in said Restrictive Covenant. Lots designated on said plan released hereunder : 15 through inclusive and 32 through 36, inclusive. PLANNING BOARD of the Town of North Andover, Massachusett By Commonwealth of Massachusetts Essex, ss. July. 17 , 1978 /41 Then personally appeared A one of the above-named 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, befo e me. Notary Publi My commission expires.,;. Rccor(.Ied July 21_,'V-Y78 ,at 3:81AY1 -//-'767( Din RELEASE OF LOTS 1345 _-654- Town of North.Andover, Ma. to H- George;Farr, Farr Better Homes Tne. a July 17, 1978 From the office of: MacGregor & Nagle 105 Kenoza Avenue, Box 769 Haverhill, MA 01830 Tel. 374-0511 III bl Iz 3� RELEASE OF LOTS l (Provision of Surety) j North Andover, August 6 , 1979 E 1 The undersigned, being a majority of the Planning Board of s the Town of North Andover, Massachusetts , hereby certify that sufficient surety, in the opinion of the said Planning Board, has 3 been provided for the cost of the completion of the ways to provide access , frontage , and services to certai s , herein- after designated, in accordance with the provi ons the I Restrictive Covenant, dated. January 30 , 1976 , and rec rded in Essex North District Registry of Deeds , Boo 1276 , P ge 29 , said lots being shown on plan entitled "Definiti e Plan o Salem Forest" dated May 1975 , and revised Septem r 1, 197 recorded { with said Registry of Deeds as Plan No. 740 , said ots are hereby released from the restrictions as to sale d building l specified in said Restrictive Coven t. Lots designated on said plan re ased h nder: s 20 , 21_., 22 , , 37 , 38 and .�39 !,`�� � r P ANNING OARD of the town of No th Ando er, Massachusetts a i By { �f a t �7 COMMONWEALTH OF MASSACHUSETTS is I { Essex, ss. August 6 , 1979 "IIl Then personally appeared Ij one of the above-named 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. 9j Notary Public — My Commission expires : RELEASE OF LOTS ' (Provision of Surety) North Andover, T > 1979 The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that sufficient surety, in the opinion of the Planning Board, has been provided for the cost of the completion of the ways to provide access, frontage, and services to certain lots, hereinafter designated, in accordance with the provisions of the Restrictive Covenant, dated January 30, 1976, and recorded in Essex North District Registry of Deeds, Book 12'(6, Page 29, said lots being shown on plan entitled "Definitive Plan of Salem Forest" dated May, 1975, and revised September 1, 1975 and September 17, 1975, recorded with said Registry of Deeds as Plan No. 7401, said lots are hereby released from the restrictions as to sale and building specified in said Restrictive Covenant. Lots designated on said plaxl released hereunder: 20, 21, 22, 37, 3W'and '39, inclusive. Said Lots 21 and 22 were.re- shaped and appear as Lots 21A'and 22A on Plan No. 8098 recorded in said Registry of Deeds. C '� E�7f Y e., 16t 3 ae tnd `(, �1� a" j� ;ia PLANNING BOARD of the Town of North , Andover, M4 sachusett. By i ; Coznlnonwealth of Massachusetts Essex, ss r Then personally appeared ,, €�3 <"'�i� � ��1 :5 one of the 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 My comm. expires: Recorded Sept®7,1979 at 2:10PM #9214 RELEASE OF LOTS (Provision of Surety) North Andover �)epi 2 1979 The undersigned, being a -majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that sufficient surety, in the opinion of the Planning Board, has been provided for the cost of the completion of the ways to provide access, frontage, and services to certain lots, hereinafter designated, in accordance with the provisions of the Restrictive Covenant, dated January 30, 1976, and recorded in Essex North District Registry of Deeds, Book 1276Page 29, said lots being shown on plan entitled "Definitive Plan ofglem Forest ' ate May, 1975, and revised September 1, 1975 and September 3 7, 1975, recorded with said Registry of Deeds as Plan No. 7401, said lots are hereby released from the restrictions as to sale and building specified in said Restrictive .Covenant. Lots designated on said plan released hereunder: 20, 21, 22, 37, 38 and 39, inclusive. Said Lots 21 and 22 were re- shaped and appear as Lots 21A and 22A on Plan No. 8098 and as Lots 21AA and 22AA on Plan No. 8190, both recorded in said Registry of Deeds. PLANNING BOARD OF THE TOWN OF NORTH AN VER, MAS CHU TTS By: :U Commonwealth of Massachusetts Essex, ss Then personally appeared lf1f he't-I'n one of the :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. Xv'. Notary Public My comm, expires-