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HomeMy WebLinkAbout1995-10-23 Legal Documents Jerad IV 4 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 A)WIyy /O , 19 — and recorded in District Deeds, Book y /G Page d'141 ; or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book Page has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the . enumerated lots shown on Plan entitled " P44C£- f/fiI4-.V-V7 Section (s) , Sheets l;1' Plan dated 19 `I recorded by the SS�X 0 Ic— Registry of Deeds, Plan Book-eaEE or registered in said Land Registry District, Plan Book , Plan , 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) ) /L l r /7 IL /9���Di� l�f'►�� b. (To be attested by a Registered Land Surveyor) I hereby certify that"lot number (s) /3 41,rb7. 9 g /a �/�y����i�-1� /C /7 Streets) do conform to layout as shown on Definitive Plan entitled �� Section Sheet (s)AW Regist rveyor.• y N0.817Z4 �}~ I LAND SAP 1 of 2 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 Coyenant dated �*P /a� � 19 from E!LO r �, yf�- of the City/Town of AA150v;TR C,SSCA , County, Massachusetts reco ded with the CzfYwo,2TH- District Deeds, Book , Page 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: P, CZ S' y Owl✓E EXECUTED as a sealed instrument this day of , 19 Majority of the l(� aan ' Planning Board �\ ' of the Town of �L -) ©lam ' 4 North Andover COMMONWEALTH OF MASSACHUSETTS E.s s�X s s //7 19 /c7 Then personally appeared 7a--<--,pA {/•.IlVahohejl , one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me. Notary PublidU My Commission Expires 2 of 2 Bk 4698 PG M "RY J LOT IlTasss The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that: \ a. The services icalledsfor the Performance Bond or s municipal for the construction was and urety and dated 19 and/or by the Covenant dated 19 and recorded in District Deeds, pager or registered in Land Req stry District as Document No. __ and notad on Certificate of Title No. in Registration Book , Page has been completed/partially completed, to the sat sfact on of the Planning Board to adequately serve the . enumerated to s shown on Plan entitled " " cE- ti Section (s) sheets Plan dated 9IL_ recorded by the Registry of Deeds, Plan Book�eR&5, or 7 registered n as d Land Registry District, Plan Book , Plan , and said lots are herebyrelease r nrom the restr ct on as to sale and building specified Lots designated on said Plan as follows: (Lot Number (s) and street(s)) G 7 P 9 b. (To be attested by a Registered Land Surveyor) Ihereby certifythat lot number (a) /,3/fL e'6 ? '�°-A/do r/�4C w1 y,R _ street(s) con orm to layout as shown on Definitive Plan entitled " lan Dc.4�- 1tt$' section Sheet(s) -Lz— B. Rag at rveyor IMR SL Is►sral e TO Jl�;e(fEr�ocJl , 1 of 1 '9y� BIB 4698 PG 186 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 C nant dated„ 19 from 6'OdtRl' �%Mh�tz- of the City/Town of 4/ q County, Massachusetts rec ad with the District Deeds, Book , Page 274 or registered in Land Registry District as cument No. and noted on Certificate of Title No. , in Registration Hook, , Page , acknowledges satisfaction of the terms thereof and hereby releases its right, t e and interest in the lots designated on said plan as follows: C 4,7 C 2 p /i I�f-r/NJ sffkiyap 40It EUCUTED as a sealed instrument this 1 ) day of -DnVOC' , 19 Majority of the Planning Board ' of the Town of North Andover �r CoxxoxwzaLTs or M;LsaxcHV8sTT5 ESsox ea �l7 . 19 97 Then personally appeared 7d-Wh ✓•./lkthonty , one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me. Notary Publ or?103 My commission Exp res ' u. 2 of 2 ��4 S s 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 19 —and recorded in District Deeds, Book VV916 ► Page A.'y or registered in Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book I Page has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled " ` '" ® /�,«. /�i�SE Section (s) , Sheets _" , Plan dated 19 9(, _ recorded by the _4Essc k- AJvIA Registry of Deeds, Plan Book /2t,0_r , or registered in said Land Registry District, Plan Book , Plan , 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) ) / S��'�t ve n D p. :..e_ OCT b. (To be attested by a Registered Land Surveyor) I hereby certify that lot number (s) on Street(s) do conform to layout as shown- on Definitive Plan entitled n ,iL,•.� ,�/�c� �'� Section S eet(s) /2 Regi t r IMn urveyor 0 boo �'otatt� F��aYAI U0 S� /�""'� T J /�NAOE✓a/r 1 of 2 V0 s"t,,. rel' AlC14, ` 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 Cove an ®dated �"qN /a , 19 from .,/ of the City/Town of County, Massachusetts recorded with the e-:'-'SreA ia/���- District Deeds, Book YVI Y , Page 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: EXECUTED as a sealed instrument this 1st day of October , 1996 r / t Majority of the Planning Board C;�jr �- / of the Town of r North Andover 4 ti COMMONWEALTH OF MASSACHUSETTS ' Essex s s October 1 1996 Then personally appeared Joseph V. MaYDney one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me. z N tary Public r r ` F My Commissiori-'Expi es G t 2 of 2 k t r #i � {fit i I F Registry of Deeds Northern District of Essex County Law,ence, MA 01840 10/11/96 JERAD PLACE AN 0 42 Rec:time 0123 Type REL 10.00 Inst 26764 Postage 0.32 Total 10.32 0 43 Payment Cash 10.32 THANK yoU! Thomas J. Burke Register of Deeds 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 10 , 19 9_ and recorded in District Deeds, Book 4496 1 Page 274 ; or registered in Land Registry District as Document No . and noted on Certificate of Title No . in Registration Book Page has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled " JERAD PLACE - Phase IV Section (s) , Sheets 12 Plan dated 9/l/95 REV 3/12 , 19 96 recorded by the E,9.� _Nnrtb ni st-ri nt Registry of Deeds , Plan Book#1 2ROS, or registered in said Land Registry District, Plan Book , Plan , 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 2 and 16 Sherwood Drive b. (To be attested by a Registered Land Surveyor) I hereby certify that lot number (s) 2 and 16 on Sherwood Drive Street (s) do conform to layout as shown on Definitive Plan entitled " JERAD PLACE - 'Phase IV Section Sheet(s) 12 " Registered g ,gOla�9 f �It UNO S� 1 of 2 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 January 10 , 19 96 from Robert Janusz of the City/Town Of Andover Essex County, Massachusetts recorded with the Essex North District Deeds, Book 4494 , Page 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: Lots 2 and 16 Sherwood Drive EXECUTED as a sealed instrument this 20th day of August , 19 A� / Gso Majority of the Planning Boards t of the Town of _ North Andover COMMONWEALTH OF MASSACHUSETTS ESSEX s s Aug. 20, , 19 96 Then personally appeared Joseph V. Mahoney , one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me. Notary Public March 22, 2002 My Commission Expires 2 of 2 LOCUS:NO SCALE NOTE: SEE ASSESSORS MAP#61, PARCEL#5 LOT#1A-1, PARCEL#1 A-2 AND PARCEL#1A-3 ARE A SUBDIVISION OF LOT#1A PLAN#12216 N.E.R.D. Locus 0 G.B.A. EXCEEDS 75% 0 m MPRGNES� o m + m BARKER STREET N76 , BARKER AND SANCHEZ PLAN #10512 N.E.R.D. •F � LOT#1 �Z CRz 44, 397 S.F. A �o PARCEL#1A-3 °45,55„W 22,682 S.F. S 76°455T"W S 76 BARKER AND SANCHEZ o� 5 \14 ' TO BARKER r 3 vi KER \Vp 14681` S 88038'16"W436 �E-(Ng 43.63' LOT #1A-1 EP�#�Z82 43,939 S.F. y PARCEL#1A-2 r'cs� BARKER AND SANCH 20,640 S.F. BARKER AND SANCHEZ CHAT TN tsDR ti) 7g°4555"W 2c �5p.6g APPROVAL UNDERNOT HE SUE OF R ' ... g 16°Q'S5 NORTH AN DO v �s N Bp,RK PLAN�N�ING o.13972 0 9FGlSTE��� �� C L T 5JQ DATE. J Z�Z4�[R7 L: TO CONFOn;,,AN 1 NORTH Y YfC, `r DECEMBER 26, 1996 MS. K. MOLINA THOMAS E. NEVE ASSOCIATES, INC. 447 OLD BOSTON ROAD -U.S. ROUTE#1 TOPSFIELD, MA. 01983 DEAR KATHY: I HAVE ENCLOSED "FORM J LOT RELEASE" FOR JERAD IV - THE REMAINING 17 LOTS OF THE 19 LOT SUBDIVISION: LOTS 2 AND 16 HAVING BEEN PREVIOUSLY RELEASED. I UNDERSTAND TOM WILL BE BACK FROM VACATION JANUARY 2, 1997. WE NEED TO HAVE THE FORM SIGNED AND STAMPED BY TOM AND RETURNED TO KATHLEEN ON JANUARY 2'ND SO THAT IT MAY BE DEALT WITH ON JANUARY 7'TH. I WOULD LIKE TO GET THIS TO KATHLEEN BY 12:OOPM -PLEASE CALL MY SON SCOTT (508 475-8715) WHO CAN DELIVER THE FORM AND IF THERE ARE ANY PROBLEMS, PLEASE CALL ME AT 508 240-3830. SINCERELY, ROBERT JANUSZ 15 CLEMENT COURT HAVERHILL, MA. 01832 508 373-7539 CC: KATHLEEN COLWELL P.S. TO KATHLEEN - TIM FORWARDED ME A COPY OF THE BOND REQUEST WHICH HAS BEEN SUBMITTED TO BILL HMURCIAK -IT TOTALS $88,770. $20,000 HAS BEEN POSTED FOR W LOTS 2 AND 1.6 AND I UNDERSTAND THE SITE OPENING BOND OF$10,000 WILL ALSO BE CREDITED TO THE TOTAL -LEAVING A BALANCE OF$58,770. DO YOU AGREE? AT WHAT POINT WILL THE $20,000 EROSION CONTROL BOND BE AVAILABLE FOR RELEASE - UNDERSTANDING THAT $5,000 IS ALSO POSTED WITH THE NORTH ANDOVER CONSERVATION COMMISSION. M r p �.', "�i k .,....,„ a•a NuG i DIMd N OF a.�F°I ) .�� 011845 O R l �. 384 I " DIREGIOR ° Fax(5 )688 57 vto N 41 December 17, 1996 Mr. Joseph V. Mahoney, Chairman Planning Board 146 Main Street North Andover, Ma 01845 Re: Jerad Place IV,Sherwood Drive Dear Mr. Mahoney; The Division of Public Works has reviewed the progress of construction in the Jerad Place IV Subdivision. We recommend that a bond amount of$88,770.00 be set for work which remains to be completed. Very truly lours, f J. William Hmurciak, P.E. Assistant Director Division of Public Works JWH:bc TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES 7ERAD IV, SHERWOOD DRIVE ITEM UNIT PRICE QUANT. TOTAL RELEASED RELEASED RELEASED RELEASED BALANCE 12-17-96 CLEARING &GRUBBING L.F. $3.00 $0 $0 ROADWAY EXCAVATION C.Y. $0 $0 ROCK EXCAVATION C.Y. $25.00 $0 $0 SANITARY SEWERS 8" P.V.C. < 10' DEPTH L.F. $0 $0 10" P.V.C. < 10' DEPTH L.F. $0 $0 12" P.V.C. < 10' DEPTH L.F. $0 $0 8" P.V.C. > 10' DEPTH L.F. $0 $0 10" P.V.C. > 10' DEPTH L.F. $0 $0 12" P.V.C. > 10' DEPTH L.F. $0 $0 MANHOLES V.F. $200.00 $0 $0 SERVICES L.F. $20.00 $0 $0 6" FORCE MAIN L.F. $25.00 $0 $0 TESTING L.S. $0 $0 MAINTENANCE L.S. $2,000.00 $0 $0 TOTAL, PAGE 1 $0 $0 $0 $0 $0 $0 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES JERAD IV, SHERWOOD DRIVE ITEM UNIT PRICE QUANT. TOTAL RELEASED RELEASED RELEASED RELEASED BALANCE 12-17-96 WATER MAIN i 12" C.L.D.I. L.F. $38.00 $0 $0 8" C.L.D.I. L.F. $34.00 $0 $0 6" C.L.D.I L.F. $25.00 $0 $0 12" G.V. EA. $700.00 $0 $0 8" G.V. EA. $400.00 $0 $0 12" x 12" T.S. & G. EA. $3,000.00 $0 $0 12" x 8" T.S. &G. EA. $2,000.00 $0 $0 8" x 8" T.S. &G. EA. $1,200.00 $0 $0 HYDRANTS EA. $1,200.00 $0 $0 SERVICES L.F. $10.00 $0 $0 TESTING L.S. $300.00 $0 $0 MAINTENANCE L.S. $2,000.00 1 $2,000 $2,000 STORM DRAINS 12" R.C.P. L.F. $27.00 $0 $0 - 15" R.C.P. L.F. $30.00 $0 $0 18" R.C.P. L.F. $33.00 $0 $0 MANHOLES V.F: $200.00 $0 $0 CATCH BASINS EA. $1,000.00 $0 $0 CLEAN C.B.'s EA. $100.00 12 $1,200 $1,200 MAINTENANCE L.S. $2,000.00 1 $2,000 $2,000 TOTAL, PAGE 2 $5,200 $0 $0 $0 $0 $5,200 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES JERAD IV, SHERWOOD DRIVE ITEM UNIT PRICE QUANT. TOTAL RELEASED RELEASED RELEASED RELEASED BALANCE 12-17-96 HEADWALL EA. $3,000.00 $0 $0 GRAVEL C.Y. $7.00 $0 $0 PAVEMENT BINDER S.Y. $4.00 $0 $0 TOPPING S.Y. $3.00 5400 $16,200 $16,200 SIDEWALK L.F. $10.00 1700 $17,000 $17,000 BOUNDS EA. $200.00 30 $6,000 $6,000 STREET TREES EA. $200.00 68 $13,600 $13,600 CURB GRANITE L.F. $11.00 770 $8,470 $8,470 BITUMINOUS L.F. $2.50 $0 $0 GRADE, LOAM &SEED S.Y. $7.00 2000 $14,000 $14,000 DETENTION AREA EA. $2,000.00 $0 $0 EROSION CONTROL L.S. $5,000.00 $0 $0 TOTAL, PAGE 3 $75,270 $0 $0 $0 $0 $75,270 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES 7ERAD IV, SHERWOOD DRIVE ITEM UNIT PRICE QUANT. TOTAL RELEASED RELEASED RELEASED RELEASED BALANCE 12-17-96 STREETS SIGNS EA. $300.00 1 $300 $300 CONVEYANCE PROCEDURE L.S. $3,000.00 1 $3,000 $3,000 AS-BUILT DRAWING L.S. $5,000.00 1 $5,000 $5,000 MISCELLANEOUS MITIGATION $0 $0 $0 $0 TOTAL, PAGE 4 $8,300 $0 $0 $0 $0 $8,300 PAGE 1 $0 $0 $0 $0 $0 $0 PAGE 2 $5,200 $0 $0 $0 $0 $5,200 PAGE 3 $75,270 $0 $0 $0 $0 $75,270 PAGE 4 $8,300 $0 $0 $0 $0 $8,300 GRAND TOTALS $88,770 $0 $0 $0 $0 $88,770 Ba d , "'%_`tGJC',(, � EASEMENT ��`"=r, a � .°ram. Pf �.� a�a-r Robert J. Janusz , of Andover, Essex County, Massachusetts , (hereinafter referred to as the "Grantor" ) , for consideration of One Dollar ( $1 . 00 ) , hereby grants to the Town of North Andover, � n a municipal corporation, (hereinafter referred to as the "Grantee" ) , wi.th QUITCLAIM COVENANTS, the perpetual right and easement for future road access as described on a certain plan of land entitled "Planned Residential Development of 'Jerad C11 Place - Phase IV' Designed for Robert J . Janusz , 40 Sunset Rock Road, Andover, MA 01810 , Dated 9/1/95 Thomas E . Neve Associates , Inc . , Engineers - Surveyors - Lane Use Planners , 447 Old Boston Road, U.S . Route 1 , Topsfield, Massachusetts 01983 , 508-887- 8586 " , said plan te--be recorded h..& * �, as Plan No . Together with the right to use the streets and ways as shown on said plan for all purposes for which streets and ways are commonly used in the Town of North Andover, in common with all others lawfully entitled thereto until conveyed to the Town of North Andover . sty Being a portion of the property conveyed to me by deed dated December 6 , 1985 and recorded at Book 2162 , Page 294 , and by deed dated February 12 , 1993 and recorded at Book 3708, Page 19 . IN WITNESS WHEREOF, the Grantor hereby sets his hand and Q( seal , this // day of January, 1996 . Robert E.4 anus C C7 3 Wa 'i C3 L� +�? r' COMMONWEALTH OF MASSACHUSETTS Essex, ss . January 11 , 1996 Then personally appeared the above-named, Robert J. Janusz , and acknowledged the foregoing to be his fre act and deed, before me, ' 'T Mc ` r/ Notar, Public My C Exp. �-16-2001 /L FOAM I BN 4��E 'e 2ms '�l# '�s i 1� ` 4 50�O&Z� 14.4 -0/f/0 COVENANT ?j JANUARY 10 19 96 // ANDOVER Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated J MARCH 31, 1995 , to the Town of North Andover Planning Board for approval of a / definitive plan of a subdivision of land entitled: PRD Modification of a Definitive Subdiv.*, plan by: Thomas Neve; Assoc.Inc,.dated: March 31, 1995 and owned by: ROB RT 7ANUS7 address: 40 Sunset Rock Rd., Andover. MA UB1Qland located: 330 Boxford St. & MAP 105C, Parcel- 14 & 57 and showing i9 proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. 1"A IN CONSIDERATION of said Planning Board of Town of North Andover in the county of ESSEx approving said plan without requiring a performance bond, the undersigned ry 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. M 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 z 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 CD Planning Board, dated October 24, 1995 d. The definitive plan as approved and as qu .iified by the certificate of approval. e. Other document(s) specifying construction io be completed, namely: Special Permit Dated 10/24/95 for a 19 Lot PRD known a- '3Ap PLACE PHASE- -IV,-Order of Conditions 242 757 for Plans Entitled "PRD of JERAD PLACE IV" 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%. ie5 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 parccl of land shown on the subdivision plan or of all lots not previously released by the Planning Board. Massacnusetts Federation of Planning and Appeals Boards 1972 (Revised 1980. 1983. 1988) * PLAN OF LOT 29 JERAD PLACE PHASE II (JERAD W PHASE IV) L,r... a't a.0 1 13 4' (.j 6. That the undersigned agrees to record this covenant with the NORTHERN ESSEX County Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board in the event the Planing 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 October 24, 1997 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 Massacnusees Federation of Planning and Aooeals Boards 1972 (Revised 1980. 1983. 1988) 20.18 44Q For title to the property, EXHIBIT A , ated i:6 ''p p rty, see deed from �'d� ' '� � PG '`'� t " .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 present holder of a mortgage upon the property is SOMERSET SAVINGS BANK of Somerville MA 02144 The mortgage is dat@dSeptember 30, 1992 and recorded in ESSEX NORTH Registry of Deeds, Book 3560 , page 24 , 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. LAKE A. JANUSzspouse of the undersigned applicant hereby agrees that such interes s I, we, ma ave 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 - ���_ of vl�►� 19 O Spou Owner Mortgage A�cceptance by a /M�ajorrity of the Planning Board of • r ctouai- 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 I�C ss 19 Then personally appeared before me the above named Uu!!p P1,117 and acknowledged the foregoing instrument to be free act and deed. f j Signa re/ Notary Public My commission expires Massacluse!!s Federation of Planning and Aooeats Bcaics 1972 (Revised 1980. 1983. 19881 20.19 .. •� •� '! !!i,r 1 !�:. ,i i�f),i�tj �9•f;'i'�_ �F", :� ' i�rr��ii p��q`j COMMONWEALTH OF;, MASSACHUSETTS :f Essex County ss 19 Then personally appeared before me the above named hPvr 6! _ and acknowledged the foregoing instrument to be /+ J/ free act and deed. ;M 1 ign f0of ary Public My commission expires__ COMMONWEALTH OF MASSACHUSETTS ESSEX, ss March 19, 1996 Then personally appeared before me the above named JOSEPH .V. viAHONEY and acknowledged the foregoing instrument to be his free act anc deed. zo_ PA. E t� Notaty Public My Commiss:_on Expires: 3=2.2.-•40,002 COMMONWEALTH OF MASSACHUSETTS --£s`�x Corny ss `' Then personally appeared before me the above named KEW, G-,4741E and acknowledged the foregoing instrument to be free act and deed. J Signature of Notary Pu iyc My commission expires /o •-// - 56 COM11ONWEALTH OF MASSACHUSETTS ss , 19 Then personally appeared - as the Applicant or his i /its authorized agent and acknowledged the foregoing instrument to be his or her free act and deed and the free ac- and deed of the Applicant, before me. Notary Public My Commission Expires : ti 4491S PG 2 g 8 EXHIBIT A: TITLE TO PROPERTY NORTHER ESSEX DATE DEED FROM REGISTRY OF DEEDS BOOK PAGE 4121193 ANTHONY J. SZELEST JR. 9 FRANCES E. SZELEST YES 3708 19 12106185 ROBERT PEEBLES KITTREDGE YES 2102 294 11/22/95 FLINTLOCK, INC. YES 4385 280 B ` o" jj 279 �4 / FORM M J � CONVEYANCE OF EASEMENTS AND UTILITIES IROBERT JANUSZ ,(name of owner)of 40 Sunset Rock Rd Andover MA ,(address) County, Massachusetts; for th onsideration of 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 rid aforesaid purposes, in, through, and under the whole of JERAD PLACE - PHASE IV , dated 9/1/95 , said plan is made and said plan is incorporated herein for a complete and detailed description of said roads. L t e a ` B. The perpetual rights and easements to use for (describe use/purpose). the following parcel of land situated on SHERWOOD DRIVE (Street) in said Town of North Andover and bounded and described as follows: BOUNDED NORTHERLY BY BOXFORD ROAD; EASTERLY BY LAND OF BEMIS, ET AL AND FLINTLOCK, INC.; z SOUTHERLY BY LAND OF BRICKUS; AND WESTERLY BY LAND OF MORA, SCHAEFER, RAFFAEL, EDDY, SCHOFIELD & PICKETT 6% ©_ CD The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it) (D has good title to transfer the same, and that lie will defend the same against claims of all persons. 0) For grantor's title see deed from SEE EXHIBIT A dated 19 and recorded in District Registry of Deeds, Book Page , 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 SOMERSET SAVINGS BANK the present holder of a mortgage on the above described land, which mortgage is dated September 30 , 19 92 and recorded in said Deeds, Book 3560 , Page 34 , 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 /O day of �/ff , 19 q�_ �•5 1 i i n J ��---- COMMONWEALTH OF MASSACHUSETTS l' SA X, ss _ U ' 19 YI Then personally appeared the above named hp/}� ��✓l VIZ and acknowledged the foregoing to be free act and deed, before me. N taFy Pueic Mb Commission Expires: NOTE: This conveyance is not effective until accepted by Town Meeting. Pli EXHIBIT A: TITLE TO PROPERTY NORTHERN ESSEX DATE DEED FROM REGISTRY OF DEEDS BOOK PAGE 4121193 ANTHONY J. SZELEST JR. 8 FRANCES E. SZELEST YES 3708 19 12106185 ROBERT PEEBLES KITTREDGE YES 2102 294 11/22/95 FLINTLOCK, INC. YES 4385 280 fee , o,e ee f 1jav RETENTION POND AND DRAINAGE EASEMENT Robert J. Janusz , of Andover, Essex County, Massachusetts , (hereinafter referred to as the "Grantor" ) , for consideration of One Dollar ( $1 . 00 ) , hereby grants to the Town of North Andover, a municipal corporation, (hereinafter referred to as the ►Ca "Grantee" ) , with QUITCLAIM COVENANTS, the perpetual right and easement in and to the areas shown as Retention Pond and =t" Drainage Easement on Lot 1 , Lot 14 and Lot 15 on a plan of land entitled "Planned Residential Development of 'Jerad Place - Phase IV' (Sheet 3 of 12 ) Designed for Robert J. Janusz , 40 Z Sunset Rock Road, Andover, MA 01810 , Dated 9/1/95 Rev. Jan . 22 , . C7 0-" 1996 Thomas E . Neve Associates , Inc . , Engineers - Surveyors - 0 Lane Use Planners , 447 Old Boston Road, U.S . Route 1 , Topsfield, CD Massachusetts 01983 , 508-887-8586 " , said plan to-be recorded i,ei- h--, as Plan No . For For a metes and bounds description of said easements see Exhibit "A" attached hereto . Together with the right to construct, inspect, repair, remove, replace, operate and forever maintain the retention pond and drainage facilities as shown on said plan for all purposes for which they are commonly used in the Town of North Andover, in common with all others lawfully entitled thereto until conveyed to the Town of North Andover. Being a portion of the property conveyed to me by deed dated December 6 , 1985 and recorded at Book 2162, Page 294 , and by deed dated February 12, 1993 and recorded at Book 3708, Page 19 . IN WITNESS WHEREOF, the Grantor hereby sets his hand and seal , this day of M��, 1996 . Alej- 1 Robert (Onus2�' COMMONWEALTH OF MASSACHUSETTS Essex, ss . t 1996 Then personally appeared the above-named, Robert J . Janusz , and acknowledged the foregoing to be his fr57 act and deed, before me, G e a N ry lic M Comm. Exp. 9/6/9 6 11:ease-janusz G 28 b EXHIBIT "A" Retention Pond and Drainage Easement Lot 14 & Lot 15 Beginning at a point 1 . 82 feet southerly of a stone bound set on the westerly sideline of Sherwood Drive, THENCE along a curve to the right having a radius of 805 . 94 feet a delta of 01 degrees 26 minutes 00 seconds , an arc length 20 . 16 feet and a chord which bears South 27 degrees 22 minutes 07 seconds East having a chord distance of 20 . 16 feet to a point; THENCE South 69 degrees 52 minutes 08 seconds West a distance of 8 . 09 feet to a point on lot line 14/15; THENCE South 69 degrees 52 minutes 08 seconds West a distance of 168 . 10 feet to a point; THENCE South 20 degrees 07 minutes 52 seconds East a distance of 18 . 00 feet to a point; THENCE South 56 degrees 37 minutes 42 seconds West a distance of 87 . 32 feet to a point; THENCE North 20 degrees 07 minutes 52 seconds West a distance of 48 . 00 feet to a point on lot line 14/15; THENCE North 20 degrees 07 minutes 52 seconds West a distance of 60 . 00 feet to a point; THENCE North 69 degrees 52 minutes 08 seconds East a distance of 85 . 00 feet to a point; THENCE South 20 degrees 07 minutes 52 seconds East a distance of 50 . 00 feet to a point; THENCE North 69 degrees 52 minutes 08 seconds East a distance of 173 . 65 feet to the POINT OF BEGINNING, and containing 11 , 829 . 31 square feet or 0 . 2716 acres of land, more or less . EASEMENT is shown on plan of Jerad Place - Phase IV (Sheet 3 of 12 ) prepared by Thomas E. Neve Associates ; Inc . , and designed for Robert J. Janusz revised dated to January 22 , 1996 . Retention Pond and Drainage Easement Lot 1 Beginning at a point on the southerly side of Boxford Road, 98 . 36 ' Westerly of an iron pin set at land of New England Power Company, THENCE South 13 degrees 03 minutes 00 seconds West a distance of 39 . 00 feet to a point; THENCE South 89 degrees 15 minutes 28 seconds West a distance of 101 . 20 feet to a point; Inc EXHIBIT "A" , Page 2 THENCE South 42 degrees 00 minutes 03 seconds West a distance of 121 . 07 feet to a point on the easterly sideline of Sherwood Drive; THENCE North 08 degrees 58 minutes 02 seconds East a distance of 90 . 00 feet along Sherwood Drive to a point of curve; THENCE along a curve to the right having a radius of 207 . 92 feet a delta of 17 degrees 29 minutes 10 seconds , an arc length 63 . 46 feet and a chord which bears North 17 degrees 42 minutes 37 seconds East having a chord distance of 63 . 21 feet to a point of compound curve; THENCE along a curve to the right having a radius of 30 . 00 feet a delta of 84 degrees 59 minutes 30 seconds , an arc length 44 . 50 feet and a chord which bears North 68 degrees 56 minutes 57 seconds East having a chord distance of 40 . 53 feet to a point on the southerly side of Boxford Road; THENCE along a curve to the left having a radius of 600 . 00 feet a delta of 08 degrees 23 minutes 41 seconds , an arc length 87 . 91 feet and a chord which bears South 72 degrees 45 minutes 09 seconds East having a chord distance of 87 . 83 feet to a point of tangency; THENCE South 76 degrees .56 minutes 60 seconds East a distance of 37 . 00 feet to the POINT OF BEGINNING, and containing 12 , 715 . 62 square feet or 0 . 2919 acres of land, more or less . EASEMENT is shown on plan of Jerad Place - Phase IV (Sheet 3 of 12 ) prepared by Thomas E . Neve Associates , Inc . , and designed for Robert J . Janusz revised dated to January 22 , 1996 . RAND & YOUMATZ, P. C. 23 CENTRAL STREET ANDOVER, MASSACHUSETTS 01810 GEORGE A. RAND TEL: (SOB) 4711-0477 VINCENT W. YOUMATZ (MASS. & N.H.) FAX: (5DB) 475-4644 � r March 12 , 1996 t Ms . Kat iileen Colwell Planning Director Town Hall North Andovar, MA 01845 RE: Robert Janusz ; Jerad Place IV Dear Ms . Colwell : Enclosed for your review please find a revised Retention Pond and Drainage Easement. Ve y ruly y ' r , GAR/h1d Enc . cc: Robert J . Janusz f RETENTION POND AND DRAINAGE EASEMENT Robert J . Janusz , of Andover, Essex County, Massachusetts , (hereinafter referred to as the "Grantor" ) , for consideration of One Dollar ( $1 . 00 ) , hereby grants to the Town of North Andover, a municipal corporation, (hereinafter referred to as the "Grantee" ) , with QUITCLAIM COVENANTS, the perpetual right and easement in and to the areas shown as Retention Pond and Drainage Easement on Lot 1 , Lot 14 and Lot 15 on a plan of land entitled "Planned Residential Development of 'Jerad Place - Phase IV' (Sheet 3 of 12 ) Designed for Robert J. Janusz , 40 Sunset Rock Road, Andover, MA 01810 , Dated 9/l/95 Rev. Jan . 22 , 1996 Thomas E . Neve Associates , Inc . , Engineers - Surveyors - Lane Use Planners, 447 Old Boston Road, U.S . Route 1 , Topsfield, Massachusetts 01983 , 508-887-8586 " , said plan to be recorded herewith, as Plan No . For a metes and bounds description of said easements see Exhibit "A" attached hereto . Together with the right to construct, inspect, repair, remove, replace, operate and forever maintain the retention pond and drainage facilities as shown on said plan for all purposes for which they are commonly used in the Town of North Andover, in common with all others lawfully entitled thereto until conveyed to the Town of North Andover. Being a portion of the property conveyed to me by deed dated December 6 , 1985 and recorded at Book 2162 , Page 294 , and by deed dated February 12, 1993 and recorded at Book 3708 , Page 19 . IN WITNESS WHEREOF, the Grantor hereby sets his hand and seal, this day of March, 1996 . Robert J. Janusz COMMONWEALTH OF MASSACHUSETTS Essex, ss . March , 1996 Then personally appeared the above-named, Robert J . Janusz , and acknowledged the foregoing to be his free act and deed, before me, George A. Rand Notary Public My Comm. Exp . 9/6/96 H:ease-janusz SAMPLE DEED I , Robert J. Janusz , of 40 Sunset Rock Road, Andover, Essex County, Commonwealth of Massachusetts , in consideration of hereby grant to WITH QUITCLAIM COVENANTS a certain parcel of land located in North Andover, Essex County, and further described as follows : that certain lot of land shown as Lot of a plan of land entitled "Planned Residential Development of 'Jerad Place - Phase IV' Designed for Robert J . Janusz, 40 Sunset Rock Road, Andover, MA 01810, Dated 9/1/95 Thomas E. Neve Associates , Inc . , Engineers - Surveyors - Lane Use Planners, 447 Old Boston Road, U. S . Route 1 , Topsfield, Massachusetts 01983, 508-887- 8586 " , said Plan being recorded as Plan No. Lot contains square feet according to said plan . The within conveyance is subject to a 50 foot no cut requirement as shown on said plans , and subject to easements for utilities and drainage areas and facilities as shown on said plans . The Grantor hereby specifically reserves the fee in the streets and ways as shown on said plan, and grants to the grantee the perpetual right and easement to use said streets and roadways for all purposes for which streets and ways are commonly used in the Town of North Andover, in common with all others lawfully entitled thereto until conveyed to the Town of North Andover. IN WITNESS WHEREOF, the Grantor hereby sets his hand and seal , this day of January, 1996 . Robert J. Janusz COMMONWEALTH OF MASSACHUSETTS Essex, ss . January , 1996 Then personally appeared the above-named, Robert J. Janusz , and acknowledged the foregoing to be his free act and deed, before me, Notary Public My Comm. Exp. FROM Panasonic FAIA' SYSTEM PHONE N0. r FqrDECLMBPR 10, 1997 i TO: KATBLEPN COLWELL FLAX 508 688-9542 ANIN19� � ,�" 4 FROM: BOB JANUSZ � �°- .,�" SUBJECT: JERAD IV -TRANSFER OF OPEN SPACE DEAR KA.TBLEPN: I HAVE PNCLOSED A COPY OF A QUITCLAIM DEED TRANSFERRING THE OPEN SPACE IN JERAD IV TO THE TOWN OF NOR.T14 ANDOVER, I WOULD LIFE TO IIAVE THP TRANSFER COMPLETED ASAP- WOULD YOU KINDLY GIVE ME A.CALL TO INFORM ME OF WHAT THE PROCESS INVOLVES? SINCERELY, tcsy' 508 373-7539 FROM Panasonic FA:: SYSTEM PHONE NO. Dec. 10 1997 12:44PM P2 €1I7 CLAIM DEED TIMBERLAND.BUILDERS, INC, a Massachusetts corporation with a usual place of business at 40 Sunset Rock Road, Andover, Essex County, Massachusetts, in consideration of LESS T ffAN ONE H(jNDRED (SI00 00)DOLLARS grants to THE INHABITANTS OF THE TOWN OFNORTHANDOVER, a municipal corporation in the Commonwealth of Massachusetts, the land in North Andover, ;Essex County, Massachusetts, described as follows: The land shown as Parcel"A" and all of the Open Space area as shown on plan of land entitled "Planned Residential Development of Jerad Place-Phase IV', designed for Timberland Builders, Inc., 40 Sunset Rock Road, Andover, MA 0 18 10. Dated September 1, 1995, Rev. to March 12, 1996, Thomas E. Neve Associates, Inc.,Engineers- Surveyors -band Use Planners, 447 Old Boston Road, U.S. Route 1, Topsfield, Massachusetts, 10983, 508-887-8586", and recorded on May 2, 1991 as Plan No. 12805. Parcel "A" containing 42 acres+/- (1,829,520 square feet) according to said Plan and said Open Space containing;22.05 acres (960,431 square feet) according to said plan, The Grantor specifically reserves the fee to the roadway shown as Sherwood Drive on said plan, and grants to the Grantees the permanent right and easement to pass and repass over said Sherwood Drive, and the right to use Sherwood Drive for all purposes for which public ways are customarily utilized in the Town of North Andover. The within conveyance is subject to a restriction of a fifty foot(50')no-cut requirement as shown on.the Plan recorded as Plan No. 12805, said restriction to run with the land in perpetuity. Also subject to a Declaration of Restrictive Covenants for Jerad Place-Phase IV, dated August 28, 1997 and recorded at Book , Page This conveyance does not constitute a sale of all or substantially all of the assets of 1-anberknrl Builders, Inc. For Grantor's title see Deed recorded with Essex North Registry of Deeds at Book 4458, Page 41, and Confirmatory Deed dated April 23, 1997 and recorded with said Registry of Deeds at Book 4736, Page 198. Executed as a sealed instrument this day of December, 1997. TIMBERLAND BVILDEn INC By Robert J. Janusz, its President and Treasurer FROM Panasonic FAX SYSTEM PHONE NO. Dec. 10 1997 12:a5PM P3 COMMONWEALTH OF MASSACHUSETTS Essex, ss. December , 1997 Then personally appeared the above-named, Robert J. Janusz, President and Treasurer as aforesaid, and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of TIMBERLAND BUILDERS, INC, before me, .Notary Public My Comm. Exp. Cal- JULY 31, 1996 SANDY STARR TOWN OF NORTH ANDOVER 146 MAIN STREET NORTH ANDOVER, MA. 01845 DEAR SANDY: I HAVE ENCLOSED PAYMENT FOR THE RE-DESIGNS OF LOTS 2 AND 19 IN JERAD IV, IN ADDITION TO CAROL'S REQUEST FOR PAYMENT ON LOTS 3, 4, 5, 7, 12, 14. IN ORDER TO PRIORITIZE MATTERS, LOTS 2 AND 19 ARE MOST IMPORTANT SINCE WE WOULD LIKE TO START CONSTRUCTION OF MODEL UNITS ON THESE LOTS AS SOON AS POSSIBLE. SINCERELY, ROBERTJANUSZ 40 SUNSET ROCK RD. ANDOVER, MA. 01810 508 475-8715