HomeMy WebLinkAbout2005 Street Acceptance - Form J & Form F Lot Releases FOREST VIEW ESTATES LAW OFFICE OF
MARK B. JOHNSON P
12 Chestnut Street
Andover,Massachusetts 01810-3706 [AlAy 'I
(978)475-4488
Telecopier: (978)475-6703 IJ
Paralegal
MARK B. JOHNSON (MA,NH,DC) KATHRYN M.MORIN
DONALD F. BORENSTEIN (MA,ME) LIANNE CRISTALDI
JAMES BONFANTI (MA) MICHELE C.JONIKAS
MARK A. MEROLLI (MA,IL) KATHLEEN H.HARBER
DAWN MARIE WALKER
KAREN P.EHRAMJIAN
May 12, 2004
Hand Delivered
Julie Parrino, Town Planner
North Andover Planning Board
27 Charles Street
North Andover, MA 01845
Re: Lot Release and Bond Reduction—Forest View
Dear Julie:
Enclosed you will find the original of the following documents:
1. Form J Lot Release;
2. Bonding Agreement; and
3. Performance Guaranty executed by Continental Insurance Company.
I would appreciate the Planning Board considering the execution of the Lot
Release at the Planning Board meeting on May 18, 2004.
At that same meeting, I would request that the Planning Board consider the
reduction of the bonds previously posted at Forest View.
Should you have any questions, please feel free to contact me.
Very truly yours,
4Mark B. Johnson
MBJ—kIb
Enclosures
PC: Patrick Cone
James McCabe
F:Wew-Docstpulte homes of new england 11600-414.2 forest view-second bond release\panino-IV 5-12-04.dDc
JUN-15-2000 THU 01 :26 PM M. B, JOHNSON FAX NO, 9784756703 P. 02
LAW OFFICE OF
MARK.. B. JOHNSON
12 Chestnut Street
Andover,Massachusetts 01810-3706
(978)475-4488
Tciccopicr: (978)475.6703
PuT;il�,al�
MAIJK B. JQI INSON (tits,NI I.DC) KATHRYN M.MOWN
I.1NDA A. O'CONNI71a. (NIA,Nit,Itl) MAN A,SIII:HAN
DONAH) I:. w')RIr:NSTE(N (NIA,ME) i..IANNI.CWS`)'ALDI
C'YNTHIA It. CLAC:Y (MA,NY)
June IS, 2000
Via Pacsimile: 688-9542
Heidi Griffin, l'own Planner
Town of North Andover
27 Charles Street
North Andover, MA 01810
Re: Forest View Subdivision
Dear Heidi:
Pursuant to our conversation of this morning, to avoid any confusion
we will be seeking a release of the lots only in Phase I. The covenant
prohibits the construction or sale of the lots without the posting of security.
As you are aware, Pulte is taking title to lots in both Phase 1 and Phase II
though it will only seek releases to allow the construction and sale of lots in
Phase I.
llowever, since the covenant would prohibit the sale of lots other than
the entire subdivision, I have amended the Fonxr ,f Lot Release to allow the
sale of the lots in both Phase I and Phase I[ to Pultc, however the only lots
that will be released to allow construction and sale would be the Phase .l lots.
F;WGW-DOCS\PULTEIPorta VlowiGriffin.LK615-2.doe
JUN-15-2000 THU 01 :26 PM M. B. JOHNSON FAX NO, 9784756703 P. 03
ileidi Griffin
June 15, 2000
Page 2
Enclosed you will find a revised Form J Lot Release form. I have
enclosed a clean copy as well as an annotated copy which explains the invent
of the paragraphs.
Thank you for your continual cooperation in this matter.
Very truly yours,
. fohnson
M133—klb
Enclosures
F:\NE'W-D0('S\P1)1.N Turesl ViW(;r0'Iin-f,M)615-2 dos
JUN-15-2000 THU 01:27 PM M, B, JOHNSON FAX NO, 9784756703 P. 04
FORM J
LOT RELEASE
The undersigned, being a majority of the Planning Board of the "Town of North
Andover, Massachusetts, hereby certify that:
(I. The requiremonts for the construction of ways and municipal services called
for the Performance Bond or Surety and dated , 19 and/or
by the Covenant dated November 9, 1998 and recorded in District Deeds, Book
5247, Page 76; or registered in _ band Registry District as
I)oeument No. _ arid 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 showzt on the following Plans:
Lots 3A, 4A, 5A, 44A, 45A, 47A, 48A, 52A, 86A, 89A, and 90A as shown on a
plan of land entitled "Plan of Land, forest View Estates, North Andover, MA,
.Prepared for Pulte ILorne Corp. of New England, 257 Turnpike Road,
Sortthborough, Massachusetts 01772", drawn by Marchionda & Associates, L.P.,
dated April 14, 2000, Scale 1"=40', Recorded with the Essex North District
Registry of Deeds as Plan Number 13761; and
Lots 1, 43, 46, 49, 50, 51, 56, 87, 88, 91, and 92 as shown on a plan of land
entitled "Definitive Subdivision Plans for Forest View Subdivision, Route
114/Salem Tumpilw, North Andover, Massachusetts" prepared for Mesiti
Development Corporation, 11 Old Boston Road, Tewksbury, Massachusetts
01876 by MHF Design Consultants, Locus Map Scale 1"=600', Tax Map
Composite Scale" l"`-200',dated September 22, 1997, revised through 11/3/98,
and recorded with the Essex North District Registry of Deeds as Plan Number
13362 and as affected by corrective Plan Recorded as Plan Number 13727 do
conform to layout as shown on the above referenced Plans.
and said lots are hereby released from the restriction as to sale and building
specified thereon,
The following lots are released from the restriction against sale (but not as
to burldin ) to allow the conveyance of said lots to Pulte I�lome Corporation of
New England;
Lots 6A, 7A, 11 A, 53A, 58A, 59A, 60A, 61A, 80A, 81 A, 82A, 83A, 84A,
85A, as shown on a plan of land entitled "Plan of Land, Forest View Estates, North
C�` INlX)r S%NsI,toj)Topy of Form)-Lot Rckosadoc
JUN-15-2000 THU 01:27 PM M. B, JOHNSON FAX NO. 9784756703 P. 05
Andover, MA, Prepared for llulte Horne Corp. of New England, 257 Turnpike
Road, Southborough, Massachusetts 01772", drawn by Marchionda & Associates,
L.P,, dated April 14, 2000, Scale 1"=40', Recorded with the Essex North District
Registry of Leeds as Plan Number 13761; and
Lots 8, 9, 10, 35, 36, 37, 54, 55, 57, as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route 114/Salem
Turnpike, North Andover, Massachusetts" prepared for Mesiti Developillent
Corporation, 11 Old Boston Road, Tewksbury, Massachusetts 01876 by MHr
Design Consultants, Locus Map Scale 1"=600', `fax Map Composite Scale"
1"=200',dated September 22, 1997, revised through 11/3/98, and recorded with the
Essex North District Registry of Deeds as Plan Number 13362 and as affected by
corrective flan Recorded as Plan Nurnber 13727.
b. (To be attested by a Registered Land Surveyor)
Lots 3A, 4A, 5A, 44A, 45A, 47A, 48A, 52A, 86A, 89A, and 90A as shown on a
plan of land entitled "Plan of Land, Forest View Estates, North Andover, MA,
Prepared for Pulte Ilome Corp. of New England, 257 Turnpike Road,
Southborough, Massachusetts 01772", drawn by Marchionda & Associates, L.Y.,
dated April 14, 2000, Scale 1"=40', Recorded with the Essex North District
Registry of.needs as Plan Number 13761; and
Lots 1, 43, 46, 49, 50, 51, 56, 87, 88, 91, and 92 as shown on a plan of land
entitled "Definitive Subdivision Plans for Forest View Subdivision, Route
114/Salmi Turnpike, North Andover, Massachusetts" prepared for Mesiti
Development Corporation, l 1 Old Boston Road, Tewksbury, Massachusetts
01876 by MI-IF l)esign Consultants, Locus Map Scale l"=600', Tax Map
Composite Scale" 1"=200',dated September 22, 1997, revised through 11/3/98,
and recorded with t11e Essex North District Registry of Deeds as Plan Number
13362 and as affected by corrective Plan Recorded as Plan Number 13727 do
conform to layout as shown on the above referenced Plans.
Registered Land Surveyor
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 November 9. 19981
CAWINDOWS\D1c kiop('opy offoml J-1 of kvlvzvw,doc
JUN-15-2000 THU 01:27 PM U. JOHNSON FAX NO, 9784756703 P. 06
from Mesiti-Moore'sFall, LLC of the City/Town of North Andover, Essex
County, Massachusetts recorded with the Essex North District Registry of
Deeds, Boot: 5247, Page 76, or registered in Land Registry District as
Document No. and noted on Certi(icate of'Title No.
in Registration Book , Page _, acknowledges
satisfaction of'the terms there of and hereby releases its right, title and
interest in the lots designated above on said plans as follows:
Lots 3A, 4A, 5A, 6A, 7A, 1 IA, 44A, 45A, 47A, 48A, 52A, 53A, 58A, 59A,
60A, 61A, 80A, 81A, 82A, 83A, 84A, 85A, 86A, 89A, and 90A as shown on
a flan of land entitled "flan of Land, Forest View Estates, North Andover,
MA, Prepared for Pulte Home Corp, of New England, 257 Turnpike Y2oad,
Southborough, Massachusetts 01772", drawn by Marebionda & Associates,
L.P., dated April 14, 2000, Scale 1"=40', Recorded with the Essex North
District Registry of Deeds as Plan Number 13761; and
Lots 1, 8, 9, 10, 35, 36, 37, 43, 46, 49, 50, 51, 54, 55, 56, 57, 87, 88, 91, and
92 as shown on a plan of land entitled "Definitive Subdivision Plans for
Forest View Subdivision, Route 114/Salem Turnpike, North Andover,
Massachusetts" prepared for Mesiti Development Corporation, 11 Old
Boston Road, Tewksbury, Massachusetts 01876 by MI-IF Design
Consultants, locus Map Scale 1"=600', Tax Map Composite Scale"
1"=200',dated September 22, 1997, revised through 11/3/98, and recorded
with the Essex North District Registry of Deeds as Plan Number 13362 and
as affected by corrective Plaid Recorded as Plan Number 13727.
>.YKUTED as a scaled instrument this 20 day of June, 2000.
Majority of the
Planning Board
Of the Town of
North Andover
C-1W IN00WS\r)csktoPlCupy Or form YLot ROC-isC.doc
JUN-15-2000 THU 01 :28 PM M, B, JOHNSON FAX NO. 9784756703 P. 07
COMMONWEALTH Oi, MASSACHUSI rTS
Essen, ss June 20) 2000
Then personally appeared_ _ , one of the above members of
the Planning Board of the Town of North Andover, Massachusetts and
acknowledged the foregoing instivment to be the free act and deed of said Planning
Board, before me.
Notary Pubic
My Commission Expires:
(':wtNllUtb'SUksktoplCopy of form J-Lct R1esadoc
JUN-15-2000 THU 01:28 PM M. B, JOHNSON FAX N0, 9784756703 P. 08
FORM r
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 constniction of ways and municipal services called
for the Performance Bond or Surety and dated a , 19 and/or
by the Covenant dated November 9, 1998 and recorded in District Deeds, Book
5247, Page 76; 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 the following Plans:
Lots 3A, 4A, 5A, 44A, 45A, 47A, 48A, 52A, 86A, 89A, and 90A as shown on a
plan of land entitled "Plan of Land, Forest View Estates, North Andover, MA,
Prepared for pulte Home Corp. of New England, 257 Turnpike .[load, �x?�
Southborough, Massachusetts 01772", drawn by Marchionda & Associates, L.P.,
dated April 14, 2000, Scale 1 '740', Recorded with the Essex North District `C,ce
Registry of Deeds as flan Number 13761; and
Lots 1, 43, 46, 49, 50, 51, 56, 87, 88, 91, and 92 as shown on a plan of land
entitled "Definitive Subdivision Plans for Forest View Subdivision, Route
I I4/Salem Turnpike, North Andover, Massachusetts" prepared for Mesiti
Development Corporation, 11 Old Boston Road, Tewksbury, Massachusetts
01876 by MHF Design Consultants, Locus Map Scale 1"=600', Tax Map
Composite Scale" 1"-200',dated September 22, 1997, revised through 11/3/98,
and recorded with the Essex North District Registry of Deeds as Plan Number
13362 and as affected by corrective Plan Recorded as Plan Number 13727 do
conform to layout as shown on the above referenced Plans.
and said lots are hereby released from the restriction as to sale and building
specified thereon.
The following lots arc released from the restriction against sale(but not(cs
to building) to allow the conveyance of said lots to Pulte Horne Corporation of
New England:
A� �
Lots 6A, 7A, 1 IA, 53A, 58A, 59A, 60A, 61A, 80A, 81A, 82A, 83A, 84A,
85A, as shown on a plan of land entitled "Plan of Land, Forest View Estates, North
('AWINr))ws\Do%ktop,Copy of Donn 1-Lor Rcicasa.doc
JUN-15-2000 THU 01:29 PM M. B, JOHNSON FAX NO, 9784756703 P. 09
Andover, MA, Prepared for Pulte Home Corp, of New England, 257 'Turnpike
Road, Southborough, Massachusetts 01772", drawn by Marchionda & Associates,
L.R, dated April 14, 2000, Scale 1"=40', Recorded with the Essex North District
Registry of Deeds as Plan Number 13761; and
Lots 8, 9, 10, 35, 36, 37, 54, 55, 57, as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route 114/Salem
Tumpike, North Andover, Massachusetts" prepared for Mesiti Development
Corporation, 11 Old Boston Road, Tewksbury, Massachusetts 01876 by MHF
Design Consultants, Locus Map Scale l"=600', Tax Map Composite Scale"
1"=200%datcd September 22, 1997, revised through 11/3/98, and recorded with the
Essex North District Registry of Deeds as Plan Number 13362 and as affected by
corrective Plan Recorded as Plan Number 13727.
b. (To be attested by a Registered Land Surveyor)
Lots 3A, 4A, 5A, 44A, 45A, 47A, 48A, 52A, 86A, 89A, and 90A as shown on a
plan of land entitled "Plan of Land, Forest View Estates, North Andover, MA,
Prepared for Pulte Horne Corp. of New England, 257 Turnpike Road,
Southborough, Massachusetts 01772", drawn by Marchionda & Associates, L.P.,
dated April 14, 2000, Scale 1"=40', Recorded with the Essex North District
Registry of Deeds as Plan Number 13761; and
Lots 1, 431 46, 49, 50, 511 56, 87, 88, 91, and 92 as shown on a plan of land
entitled"Definitive Subdivision Plans for Forest View Subdivision, Route
1 14/Salem Turnpike, North Andover, Massachusetts"prepared for Mcsiti
Development Corporation, 11 Old Boston Road, Tewksbury, Massachusetts
01876 by MHF Design Consultants, Locus Map Scale 1"=600', Tax Map
Composite Scale" 1 2.00',dated September 22, 1997, revised through 11/3/98,
and recorded with the Essex North District Registry of Deeds as Plan Number
13362 and as affected by corrective Plan Recorded as Plan Number 13727 do
collforni to layout as shown on the above referenced Plans,
Registered Land Surveyor
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 November 9. 1998,
CAWlNDOWS\DoAtop\Copy of Form J-Lot Relcase,doc
JUN-15-2000 THU 01 :29 PM M. B, JOHNSON FAX NO, 9784756703 P. 10
from Mesiti-Moore'sf all, LLC of the City/Town of North Andover, Essex
County, Massachusetts recorded with the Essex North District Registry of
Deeds, Book 5247, Page 76, 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 above on said plans as follows:
Lots 3A, 4A, 5A, 6A, 7A, 11A, 44A, 45A, 47A, 48A, 52A, 53A, 58A, 59A,
60A, 61 A, 80A, 81 A, 82A, 83A, 84A, 85A, 86A, 89A, and 90A as shown on
a plan of land entitled "Plan of Land, Forest View Estates, North Andover,
MA, Prepared for Pulte home Corp. of New England, 257 Turnpike Road,
Southborough, Massachusetts 01772", drawn by Marchionda & Associates,
L.P., dated April 14, 2000, Scale I"�40% Recorded with the Essex North
District Registry of Deeds as Plan Number 13761; and
Lots 1, 8, 9, 10, 35, 36, 37, 43, 46, 49, 50, 51, 54, 55, 56, 57, 87, 88, 91, and
92 as shown on a plan of land entitled "Definitive Subdivision Plans for
Forest View Subdivision, Route 114/Salem ,turnpike, North Andover,
Massachusetts" prepared for Mesiti Development Corporation, 11 Old
Boston Road, Tewksbury, Massachusetts 01876 by MHF Design
Consultants, Locus Map Scale 1"-600', Tax Map Composite Scale"
1"=200',dated September 22, 1997, revised through 11/3/98, and recorded
with the Essex North District Registry of Deeds as Plan Number 13362 and
as affected by corrective Plan Recorded as Plan Number 13727.
EXECUTED as a scaled instrument this 20 day of June, 2000.
Majority of the
Planning Board
Of the Town of
North Andover
4
C:\WIND0WS\I)0ktop\COPY of Vorm J-1 of Rcic;tsc.doc
JUN-15-2000 THU 01 :29 PM K R JOHNSON FAX NO, 9784756703 P. 11
COMMONWEALTH OF MASSACHtJSETTS
ESSCX, ss June 20, 2000
Then personally appeared , 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
My Commission Expires:
C';uvmrru %VS\j)o;kiop\c-opy of Form J-Loi Ruleasu.doe
FORM J
LOT RELEASE
�Q
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 June 20, 2000 and/or by the
Covenant dated November 9, 1998 and recorded in District Deeds, Book 5247,
Page 76; or registered in N/A Land Registry District as Document No. N/A and
noted on Certificate of Title No. N/A in Registration Book N/A, Page N/A; has
been completed/partially completed, to the satisfaction of the Planning Board to
adequately serve the enumerated lots shown on the following Plans:
C^.
Lots 3A, 4A, 5A, 44A, 45A, 47A, 48A, 52A, 86A, 89A, and 90A as shown on a
plan of land entitled "Plan of Land, Forest View Estates, North Andover, MA,
Prepared for Pulte Home Corp. of New England, 257 Turnpike Road,
Southborough, Massachusetts 01772", drawn by Marchionda & Associates, L.P.,
dated April 14, 2000, Scale 1"=40', Recorded with the Essex North District
Registry of Deeds as Plan Number 13761; and £; M f74 3AII ....q1-3
Lots 1, 49, 50, 51, 56, 87, 88, 91, and 92 as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route 114/Salem
Turnpike, North Andover, Massachusetts" prepared for Mesiti Development
Corporation, 11 Old Boston Road, Tewksbury, Massachusetts 01876 by MHF
Design Consultants, Locus Map Scale 1"=600', Tax Map Composite Scale"
1"=200',dated September 22, 1997, revised through 11/3/98, and recorded with the
Essex North District Registry of Deeds as Plan Number 13362 and as affected by
corrective Plan Recorded as Plan Number 13727 do conform to layout as shown
on the above referenced Plans.
and said lots are hereby released from the restriction as to sale and building
specified thereon.
The following lots are released from the restriction against sale (bast not as
to building) to allow the conveyance of said lots to Pulte Home Corporation of
New England:
Lots 6A, 7A, 11A, 53A, 58A, 59A, 60A, 61A, 80A, 81A, 82A, 83A, 84A,
85A, as shown on a plan of land entitled "Plan of Land, Forest View Estates, North
C:\W1NDOWS\Desktop\Copy of Form J-Lot Release.doe
�l1 A I. i /, / env
Andover, MA, Prepared for Pulte Home Corp. of New England, 257 Turnpike
Road, Southborough, Massachusetts 01772", drawn by Marchionda & Associates,
L.P., dated April 14, 2000, Scale 1"=40% Recorded with the Essex North District
Registry of Deeds as Plan Number 13761; and
Lots 8, 9, 10, 35, 36, 37, 43, 46, 54, 55, 57, as shown on a plan of land
entitled "Definitive Subdivision Plans for Forest View Subdivision, Route
114/Salem Turnpike, North Andover, Massachusetts" prepared for Mesiti
Development Corporation, 11 Old Boston Road, Tewksbury, Massachusetts
01876 by MHF Design Consultants, Locus Map Scale 1"=600', Tax Map
Composite Scale" 1"=200',dated September 22, 1997, revised through 11/3/98,
and recorded with the Essex North District Registry of Deeds as Plan Number
13362 and as affected by corrective Plan Recorded as Plan Number 13727.
The following lots are appropriate for a Form U application in accordance
with the Planning Board Decision dated September 22, 1997:
Lots 3A, 4A, 5A, 47A, 48A, 86A, 89A, 90A a as shown on a plan of land
entitled "Plan of Land, Forest View Estates, North Andover, MA, Prepared for
Pulte Home Corp. of New England, 257 Turnpike Road, Southborough,
Massachusetts 01772", drawn by Marchionda & Associates, L.P., dated April 14,
2000, Scale 1"=40', Recorded with the Essex North District Registry of Deeds as
Plan Number 13761.
Lots 1, 49, 50, 51, 56, 87, 88, 91 "Definitive Subdivision Plans for Forest
View Subdivision, Route 114/Salem Turnpike, North Andover, Massachusetts"
prepared for Mesiti Development Corporation, 11 Old Boston Road, Tewksbury,
Massachusetts 01876 by MHF Design Consultants, Locus Map Scale 1"=600',
Tax Map Composite Scale" 1"=200',dated September 22, 1997, revised through
11/3/98, and recorded with the Essex North District Registry of Deeds as Plan
Number 13362 and as affected by corrective Plan Recorded as Plan Number
13727.
b. (To be attested by a Registered Land Surveyor)
Lots 3A, 4A, 5A, 44A, 45A, 47A, 48A, 52A, 86A, 89A, and 90A as shown on a
plan of land entitled "Plan of Land, Forest View Estates, North Andover, MA,
Prepared for Pulte Home Corp. of New England, 257 Turnpike Road,
Southborough, Massachusetts 01772 drawn by Marchionda & Associates, L.P.,
C:\WINDOWS\Desktop\Copy of Form J-Lot Release.doc
dated April 14, 2000, Scale 1"=40', Recorded with the Essex North District
Registry of Deeds as Plan Number 13761; and
Lots 1, 43, 46, 49, 50, 51, 56, 87, 88, 91, and 92 as shown on a plan of land
entitled "Definitive Subdivision Plans for Forest View Subdivision, Route
114/Salem Turnpike, North Andover, Massachusetts" prepared for Mesiti
Development Corporation, 11 Old Boston Road, Tewksbury, Massachusetts
01876 by MHF Design Consultants, Locus Map Scale 1"=600', Tax Map
Composite Scale" 1"=200',dated September 22, 1997, revised through 11/3/98,
and recorded with the Essex North District Registry of Deeds as Plan Number
13362 and as affected by corrective Plan Recorded as Plan Number 13727 do
conform to layout as shown on the above referenced Plans.
Registered Land Surveyor
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 June 20,
2000, and/or Covenant dated November 9. 1998, from Mesiti-Moore'sFall,
LLC of the City/Town of North Andover, Essex County, Massachusetts
recorded with the Essex North District Registry of Deeds, Book 5247, Page
76, or registered in Land Registry District as Document No. N/A and noted
on Certificate of Title No. N/A, in Registration Book N/A, Page N/A,
acknowledges satisfaction of the terms thereof and hereby releases its right,
title and interest in the lots designated above on said plans as follows:
Lots 3A, 4A, 5A, 6A, 7A, 11A, 44A, 45A, 47A, 48A, 52A, 53A, 58A, 59A,
60A, 61A, 80A, 81A, 82A, 83A, 84A, 85A, 86A, 89A; and 90A as shown on
a plan of land entitled "Plan of Land, Forest View Estates, North Andover,
MA, Prepared for Pulte Home Corp. of New England, 257 Turnpike Road,
Southborough, Massachusetts 01772", drawn by Marchionda & Associates,
L.P., dated April 14, 2000, Scale 1"=40', Recorded with the Essex North
District Registry of Deeds as Plan Number 13761; and
Lots 1, 8, 9, 10, 35, 36, 37, 43, 46, 49, 50, 51, 54, 55, 56, 57, 87, 88, 91, and
92 as shown on a plan of land entitled "Definitive Subdivision Plans for
Forest View Subdivision, Route 114/Salem Turnpike, North Andover,
Massachusetts" prepared for Mesiti Development Corporation, 11 Old
CAW INDOWS\Desktop\Copy of Form.1-Lot Release.doc
Boston Road, Tewksbury, Massachusetts 01876 by MHF Design
Consultants, Locus Map Scale 1"=600', Tax Map Composite Scale"
1"=200',dated September 22, 1997, revised through 11/3/98, and recorded
with the Essex North District Registry of Deeds as Plan Number 13362 and
as affected by corrective Plan Recorded as Plan Number 13727.
27
EXECUTED as a sealed instrument this =day of June, 2000.
Majority of the llewoL
Planning Board
Of the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
Z}
Essex, ss June J9, 2000
Then personally appeared ,o}/ad• ri gVA1-f , 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.
JAotaryyPu lic
My Commission Ex ices.
C 13i��
CAW INDOWs\Desktop\Copy of Form J-Lot Release.doc
01/26/01 10:05 LAW OFFICE OF MARK. B. JOH*E7N y 6809542 NO.981 P002
tl VU !
j
ZF;
I t BY 5965 FG 2 ;<
n
(ss A above ibis Una renewed for Reg svy of Ooaft)
FORM)
LOT RELEASE
The undersigned,being a majority of the Planning Board of the Town of b
certa that:
North Andover,Massachusetts,hereby fy
r3
+ t
tt- The requirements for the Construction of ways and municipal services �
1 called for the Performance Bond or Surety and dated June 20,2000 and/or by i
I;.., the Covenant dated November 9, 1999 and recorded in District Deeds,Book
f..l
5247,Page 76;or registered in N/A Land Registry District as Document No.
y;j• N/A and noted on Certificate of Title No.NIA in Registration Book N/A,
I: page NIA;has been completed/pardally completed,to the satisfaction of the '
Planning Board to adequately serve the enumerated lots shown on the r
following Plans: t
,. Lots 45A,53A,58A,59A,60A,61A as shown on a plan of land
,Y
entitled"Plan of Land,Forest View F.stgtes,North Andover,MA,Prepared
Y° for Pulte Home Corp.of New England,257 Turnpike Road,Southborough,
Massachusetts 01772",drawn by Marchioitda&Associates,L.P_,dated
A 4,2000,Scale 1"=40' Recorded wit`:h the Essex North District y.
�Ja April 1 ,
} Registry of Deeds as Plan Number 13761; and
Lots 35,36,37,43,54 and 57 as shown on a plan of land entitled t7,.r.t,
; g
"pe6nitive Subdivision Plans for Forest View Subdivision,Route 114/Salem ,4
;, . Turnpike,North Andover,Massachusetts"prepared for Mesiti Development
�,. Massachusetts 01876 by
Corporation, 11 Old Boston Road,Tewksbury, .,
;,.
Design Consultants,Locus Map Scale 1"=600'>Tax Map Composite z
Scale 1'=200 ,dated September 22, 1997,revised through I l/3/98,and .,
recorded with the Essex North District Registry of Deeds as Plan Number
13362 and as affected by corrective Plan Recorde&as Plan Number 13727;
and
ikAR4G 6.JOHNSON 'l;.
Attorney at taw
i 2 Gr1 MA S8(0 !
t.
Andover, J
( P� �'S � ..—..m.—• __y a �`yyM1::fi,' S}' y
01/26/01 10:06 LAW OFFICE OF MARK B. JOHt�E?N ? 6889542 NO.981 P003
t.
tr
8K 5965 PG 291
Lot 46A as shown on a plan Hof land entitled"Plan of Land,Forest
View Estates,North Andover,Mfg, prcpated for Pulte Home Corp,of New
=� England,257 Turnpike Road,S01#borAugh,Massachusetts 01772 by
Marchionda&Associates,L.P., i gmeering and Planning Consultants,
Scale 1"=40%dated May 5,2000,an'�°recorded with the Essex North District §
Registry of Deeds as Plan Number 13861.
and said lots are hereby released f rom the restriction as to sale and building
specified thereon.
h. (To be attested by a Registeie Land Surveyor)
Uts 45A,53A,58A,59A,b0=A,61A as shown on a plan of land
entitled"Plan of Land,Forest Viq*Estates,North Andover,MA,Prepared
for Pulte.Home Corp.of New England;257,Turnpike Road,Southborough,
Massachusetts 01772",drawn b} M; raAonda&Associates,L.P.,dated
April 14,2000,Scale 1"=40',Recorded with the Essex North District t
Registry of Deeds as Plan Number Z376I; and
Lots 35,36,37,43,54 and 57 as shown on a plan of land entitled "
j
"Definitive Subdivision Plans fonfcrjest View Subdivision,Route 114/Salem,
Turnpike,North Andover,Massa bhusetts"prepared for Mesiti Development
Corporation, 11 Old Boston Road,Tewksbury,Massachusetts 01876 by
MHF Design Consultants,.Locusi'&'p Scale 1"=b00'.Tax Map Composite li<
Scale"1"=200%dated September�J 1997,Yevised through 11/3/98,and 1
recorded with the Essex North icc Registry of Deeds as PIan Number
13362 and as affected by correct&e;Plan Recorded,as Plan Number 13727; s
and
9 Lot 46A as shown on a plan of land entitled"Plan of Land,Forest
'View Estates,North Andover,Iv A'j;prepared£or Pulte Home Corp_of New
England,257 Turnpike Road,S �orough,Massachusetts 01772 by
Marchionda&Associates,L P.,E*ineer►ng and Planning Consultants,
Scale 1"=40',dated May 5,2000 aW recorded with the Essex North District
Registry of Deeds as Platt Numtter�3861.
� I
.'� c1W[Noowb1Tm.,r j-I.oi Rde�2.dw: t n
I 7
a C
r
i
:. ;.k ;1.
01/26/01 10:06 LAW OFFICE OF MARE; B. JOHt:E7N 4 6809542 NO.981 P004
•r
BK 5965 PG
Registered Land Surveyor
C. The Town ofNorth Andover,a municipal corporation situated in the r• A
County of Essex,Commonwealth of Massachusetts,acting by its duly j
organized Planning Board,holder of a Performance Bond or Surety
dated lone 20,2000,and/or Covenant dated November 9. 1998,from i
Mesiti-Moorc'sFall,LLC of the City/Town of North Andover,Essex
County,Massachusetts recorded with the Essex North District Registry i
of Deeds,Book 5247,Page 76,or registered in Land Registry District
jas Document No. N/A and noted on Certificate of Title No.NIA,in 7
Registration Book N/A,Page N/A,acknowledges satisfaction of the
terms thereof and hereby releases its right,title and interest in the lots
designated above on said plans as follows:
Lots 45A,53A,58A,59A,60A,61A as shown on a plan of land
entitled"plan of Land,Forest View Estates,North Andover,MA,Prepared r ,
for Pulte Home Corp.of New England,257 Turnpike Road, Southborough, z ;,
f; Massachusetts 01772",drawn by Marchionda&Associates,L.P.,dated ° is
I rs
is
April 14,2000,Seale 1"=40',Recorded with the Essex North District
Registry of Deeds as Plan Number 13761; :and
Lots 35,36,37,43,54 and 57 as shown on a plan of land entitled t3
j "Definitive Subdivision Plans for Forest View Subdivision,Route 114/Salem ; 4 '
Turnpike,North Andover,Massachusetts"prepared for Mesiti Development ,,
Corporation, 11 Old Boston Road,Tewksbury,Massachusetts 01876 by
NW Design Consultants,Locus Map Scale I"=600',Tax Map Composite
"! Scale" 1"--200%dated September 22, 1.997,revised through 11/3/98,and
I: recorded with the Essex North District Registry of Deeds as Plan Number
13362 and as affected by corrective Plan Recorded as Plan Number 13727;
and
P
,
Lot 46A as shown on a plan of land entitled"Plan of Land,Forest 2?
View Estates,North Andover,MA"prepared for Pulte Home Corp.of New
.�
England,257 T=pike Road,Southborough,Massachusetts 01772 by
Marcbionda&Associates,L.P.,Eugineering and Planning Consultants,
Scale 1"=40%dated May 5,2000,and recorded with the Essex North District
Rwgi.stry of Deeds as Plan Number 13 86 1.
.C;LwR1DOv1SSEMPLFom+J Svt Relcn�c 2.Ooc
ry
i}.
I7 Itltl{ii
yr.
F(}
I
01/26/01 10:06 LAUJ OFFICE OF MARK B. JOHVE7N 4 6889542 M0.981 P005
BK 5965 PG . 293
• t
I:X I:Ctl'1'i?T)ae a scaled instrument?hs5 � daY of c,2000.
Maiorly of the
' 11' � GhBrd asdella �,
P{ Hoard S —
la
_? Of fltcjown of
i# an Lee b u
No 11h a dove r
Jo n S. inns
w
COlv1MONWEALTjH�(? MASSACHUSETTS
i ssez,ss n)ecember 19,20M
of the above members
Then personally appcarcd,
of the Platming Board of she`roars$b4 North AuMover,Massachosem and
acknowledged the foregoing instru�n iio be the Tree act and deed oTsaid
PlmWng Board,before me.
t • Notary blic
Commission Expim:75 07
'.� G'�nv9d.rwnl YT7MJ'av+!-Sd ltutoss 2.9h.K �,i
9
S�
f
f
x
,� r
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 , 200_ and/or
by the Covenant dated November 9, 1998 and recorded in District Deeds, Book
5247, Page 76; or registered in N/A Land Registry District as Document No. N/A
and noted on Certificate of Title No. N/A in Registration Book N/A, Page N/A; has
been completed/partially completed, to the satisfaction of the Planning Board to
adequately serve the enumerated lots shown on the following Plans:
Lots 67A, 68A, 69A, 70A, 71A and 72A as shown on a plan of land entitled
"Plan of Land, Forest View Estates, North Andover, MA, Prepared for Pulte Home
Corp. of New England, 257 Turnpike Road, Southborough, Massachusetts
01772", drawn by Marchionda & Associates, L.P., dated April 14, 2000, Scale
1"=40', Recorded with the Essex North District Registry of Deeds as Plan Number
13 761; and
Lots 23, 24, 25, 26, 27, and 28 as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route 114/Salem
Turnpike, North Andover, Massachusetts" prepared for Mesiti Development
Corporation, 11 Old Boston Road, Tewksbury, Massachusetts 01876 by MHF
Design Consultants, Locus Map Scale 1"=600', Tax Map Composite Scale"
1"=200',dated September 22, 1997, revised through 11/3/98, and recorded with the
Essex North District Registry of Deeds as Plan Number 13362 and as affected by
corrective Plan Recorded as Plan Number 13727.
and said lots are hereby released from the restriction as to sale and building
specified thereon.
The Lots designated on said Plans which are the subject of this Lot Release are as
follows: (Lot Number (s) and street(s))
Lots 67A, 68A, 69A, 70A, 71A and 72A as shown on a plan of land entitled
"Plan of Land, Forest View Estates, North Andover, MA, Prepared for Pulte Home
Corp. of New England, 257 Turnpike Road, Southborough, Massachusetts
01772", drawn by Marchionda & Associates, L.P., dated April 14, 2000, Scale
C:A\VIINDOWS\TEMP\Form.I-Lot Release.doe
1 "=40', Recorded with the Essex North District Registry of Deeds as Plan Number
1 3 761 ; and
Lots 23, 24, 25, 26, 27, and 28 as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route 114/Salem
Turnpike, North Andover, Massachusetts" prepared for Mesiti Development
Corporation, 11 Old Boston Road, Tewksbury, Massachusetts 01876 by MHF
Design Consultants, Locus Map Scale 1"=600', Tax Map Composite Scale"
1"=200',dated September 22, 1997, revised through 11/3/98, and recorded with the
Essex North District Registry of Deeds as Plan Number 13362 and as affected by
corrective Plan Recorded as Plan Number 13727.
b. (To be attested by a Registered Land-Surveyor)
Lots 67A, 68A, 69A, 70A, 71 A and 72A as shown on a plan of land entitled
"Plan of Land, Forest View Estates, North Andover, MA, Prepared for Pulte Home
Corp. of New England, 257 Turnpike Road, Southborough, Massachusetts
01772", drawn by Marchionda & Associates, L.P., dated April 14, 2000, Scale
1"=40', Recorded with the Essex North District Registry of Deeds as Plan Number
13 761 ; and
Lots 23, 24, 25, 26, 27, and 28 as shown on a plan of land entitled "Definitive
Subdivision Plans for Forest View Subdivision, Route 114/Salem Turnpike, North
Andover, Massachusetts" prepared for Mesiti Development Corporation, 11 Old
Boston Road, Tewksbury, Massachusetts 01876 by MHF Design Consultants,
Locus Map Scale 1"=600', Tax Map Composite Scale" 1"=200',dated September
22, 1997, revised through 11/3/98, and recorded with the Essex North District
Registry of Deeds as Plan Number 13362 and as affected by corrective Plan
Recorded as Plan Number 13727 ,
do conform to layout as shown on the above referenced Plans.' _
.DAk
NIFLEaCiUI 11
Registered Land Surveyor �i >;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
, 200 , and/or Covenant dated November 9. 1998,
from Mesiti-Moore'sFall, LLC of the City/Town of North Andover, Essex
County, Massachusetts recorded with the Essex North District Registry of
C:AWINDO\V7S\TEMP\Form.l-Lot Release.doe
Deeds, Book 5247, Page 76, or registered in Land Registry District as
Document No. N/A and noted on Certificate of Title No. N/A, in
Registration Book N/A, Page N/A, acknowledges satisfaction of the terms
thereof and hereby releases its right, title and interest in the lots designated
above on said plans as follows:
Lots 12A, 75A, 76A, 77A, 78A, and 79A as shown on a plan of land entitled
"Plan of Land, Forest View Estates, North Andover, MA, Prepared for Pulte
Home Corp. of New England, 257 Turnpike Road, Southborough,
Massachusetts 01772", drawn by Marchionda & Associates, L.P., dated
April 14, 2000, Scale 1"=40', Recorded with the Essex North District
Registry of Deeds as Plan Number 13761; and
Lots 23, 24, 25, 26, 27, and 28 as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route
114/Salem Turnpike, North Andover, Massachusetts" prepared for Mesiti
Development Corporation, 11 Old Boston Road, Tewksbury, Massachusetts
01876 by MHF Design Consultants, Locus Map Scale 1"=600', Tax Map
Composite Scale" 1"=200',dated September 22, 1997, revised through
11/3/98, and recorded with the Essex North District Registry of Deeds as
Plan Number 13362 and as affected by corrective Plan Recorded as Plan
Number 13727.
EXECUTED as a sealed instrument this day of , 2002.
Majority of the
Planning Board
Of the Town of
North Andover
C':A\NIND0\VAS\TFN41I\Form J-Lot Release.doc
COMMONWEALTH OF MASSACHUSETTS
Essex, ss , 2002
Then personally appeared , 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
My Commission Expires:
I?Newdocs/Pulte-Re/Forest Vicw/Form.l Lot Release
C:A\VINDO\N'S\TEMP\Form J-Lot Release.doc
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover,Massachusetts 01810-3706
(978)475-4488
Telecopier: (978)475-6703
Paralegals
MARK B. JOHNSON (MA,NH,DC) KATHRYN M.MORIN
LINDA A. O'CONNELL (MA,NH,RI) JEAN A.SHEEHAN
DONALD F. BORENSTEIN (MA,ME) LIANNE CRISTALDI
ELIZABETH J. BARTON (MA,DC)
November 9, 2001
I a �of North,hndover
Planning Board
120 Main Street
North Andover, MA 01845
Re: Forest View Subdivision North Andover MA
Dear Sir/Madam:
Enclosed you will find a copy of Form J Lot Release, which has been recorded
with the Essex North District Registry of Deeds in Book 6466, Page 85, Instrument No.
41240.
Please call me if you have any questions.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
Kathryn�. Morin
Paralegal
KMM:mcj
Enclosure
cc: Reid Blute
F:ANew-Docsftl-TEForest View\N.A.Planning Bd.ltr 11-9-01.doc
Ret►�Fn:
�oX �
(Spade above this line reserved for Registry of Deeds)
i
FORM J
LOT RELEASE �7s��� `��
The undersigned, being a majority of the Planning Board of the Town of
Forth 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 June 20, 2000 and/or by �,►
the Covenant dated November 9, 1998 and recorded,in District Deeds, Book
52.47, Page 76; or registered in N/A Land Registry District as Document No.
N/A and noted on Certificate of Title No. N/A in Registration Book N/A,
Page N/A; has been completed/partially completed, to the satisfaction of the �
i
Planning Board to adequately serve the enumerated lots shown on the
following Plans:
CD
Lots 62A, 63A, 64A, 66A and 67A as shown on a plan of land entitled
"Plan of Land, Forest View Estates,North Andover, MA, Prepared for Pulte
Home Corp. of New England, 257 Turnpike Road, Southborough,
Massachusetts 01772", drawn by Marchionda &Associates, L.P., dated
April 14, 2000, Scale 1"=40', Recorded with the Essen North District
Registry of Deeds as flan Number 13 76 1; and
Lots 29, 30, 32, 33, 34, and 65 as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route 114/Salem
Turnpike,North Andover, Massachusetts" prepared for Mesiti Development
Corporation, 11 Old Boston Road, Tewksbury, Massachusetts 01876 by
Mf- Design Consultants, Locus Map Scale 1"=600', Tax Map Composite
Scale" 1"=200', dated September 22, 1997, revised through 11/3/98, and
recorded with the Essex North District Registry of Deeds as Plan Number
13362 and as affected by corrective Plan Recorded as Plan Number 13727:
i
Z ' d ZE9g' ON NVOO:nl ►M I 'AON
,A
and said lots are hereby released from the restriction as to sale and building
specified thereon.
b. (To be attested by a Registered Land Surveyor)
Lots 62A, 63A, 64A, 66A and 67A as shown on a plan of land entitled
"Plan of Land, Forest View Estates, North Andover, MA, Prepared for Pulte
Home Corp. of New England, 257 Turnpike Road, Southborough,
Massachusetts 01772", drawn by Marchionda &Associates, L.P., dated
April 14, 2000, Scale 1"=40', Recorded with the Essex North District
Registry of Deeds as Plan Number 13761; and
Lots 29, 30, 32,.33, 34, and 65 as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route 114/Salem
Turnpike, North Andover, Massachusetts"prepared for Mesiti Development
Corporation, 11 Old*Boston Road, Tewksbury, Massachusetts 01876 by
MHF Design Consultants, Locus Map Scale 1"=600', Tax Map Composite
Scale" 1"=200% dated September 22, 1097, revised through 11/3/98, and
recorded with the Essex North District Registry of Deeds as Plan Number
13362 and as affected by corrective Plan Recorded as PI utuber 13727.
STEPHEN
� � t9_l�SGIUC N b
� o. 3gCf29 p i
WoI
Registe � eyor
C. The Town of North Andover, a municipal corporation situated in the
County of Essex, Commonwealth of Massachusetts, acting by its duly i
organized Planning Board, holder of a Performance Bond or Surety
dated June 20, 2000, anal/or Covenant dated November 9. 1998, from
Mesiti-Moore's Fall, LLC of the City/Town of North Andover, Essex
County, Massachusetts recorded with the Essex North District Registry
of Deeds, Book.5247, Wage 76, or registered in Land Registry District F
as Document No. N/A and noted on Certificate of Title No. N/A, in
Registration Book N/A, Page N/A, acknowledges satisfaction of the
CAW MDOWS\TEMM'Form J-Lot Most Moo
£ 'd Z£99' ON NVIA:01 inA7. 'R 'AON
4
terms thereof and hereby releases its right, title and interest in the lots
designated above on said plans as follows:
Lots 62A, 63A, 64A, 66A and 67A as shown on a plan of land entitled
"Plan of Land, Forest View Estates, North Andover, MA, Prepared for Pulte
Home Corp. of New England, 257 Turnpike Road, Southborough,
Massachusetts 01772", drawn by Marchionda & Associates, L.P., dated
April 14, 2000, Scale 1"=40',Recorded with the Essex North District
Registry of Deeds as Plan Number 13 76 1; and
Lots 29, 302 32, 33, 34, and 65 as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View.Subdivision, Route 114/Salem
Turnpike, North Andover, Massachusetts" prepared for Mesiti Development
Corporation, i 1 Old Boston Road, Tewksbury, Massachusetts 01876 by
MHF Design Consultants, Locus Map Scale 1"=600', Tax Map Composite
Scale" 1"=200', dated September 22, 1997, revised.through 11/3/98, and f
recorded with the Essex North District Registry of Deeds as Plan Number F
13362 and as affected by corrective Plan Recorded as Plan Number 13727.
EXECUTED as a sealed instrument this 4 day of , 20014
Majority of the
Planning Board
Of the Town o .
North Andover
F,
t
Y
CAWINDQWMEMPWorm I-Lot Release 3.doe
t ' d ZE99'ON wdin,ni inns I 'AOW
i
COMMONWEALTH OF MASSACHUSETTS
tt6e f 1,
Essex, ss -&eptoR ' 2001 i
Then personally appeared Uhn 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.
1
9a&
Not Publi
OY Commission Expires: -7-5-07
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C\WINDOWS\T£MPT,orm J-Lot Release Moe
9 'd Z299'0N wttin.ni Inn? 'a AONI
AUG.14.2001 7:19AM PULTE HOME CORPORATION OF' NE NO.029 P.1i3
-TO:FOREST VIEW CONST
II 1
a FORM J
C1 LOT RELEASE
• f•• I f
The uzidersigned, being a majority of the Planning Board of the 'down of North
Andover, Massachusetts, hereby certify that; �
The requirements for the construction of ways and.municipal services called
a � �
for the Performance Band or Surety and dated-zL-,v,e- Ii , -Lob i V__ and/or by '
the Covenant dated November 9, 1998 and recorded in District Deeds, Boob 247, `
Page 76; or registered in Land Registry District as t
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 the following Flans:
Lots 6A, 7A., 1 IA, 80A, 81A, 82A, 83A, 84A, 85A as shown on a plan of land
entitled "Plan of Ladd, Forest View Estates, North Andover, MA, Prepared for Pulte
Home Corp. of New England, 257 Turnpike Road, Southborough, Massachusetts
017720), drawn by Marchionda & Associates, L,P-, dated.Apffl 14, 2000, Scale
1";:--40', Recorded with the Essex,North District Registry of Deeds as Plan Number
13761; and
Lots, 8, 9, 10 as shown on a plan of land entitled "Definitive Subdivision Plans
for Forest 'View Subdivision, Route 114/Salem Turnpike, North Andover,
Massachusetts" prepared for Mesiti Development Corporation, 11 Old Boston Road,
Tewksbury, Massachusetts 01876 by MHF Design Consultants, Locus Map Scale
1"=600% Tax Map Composite Scale" 1"�200',dated September 22, 1997, revised
through 11/3/98, and recorded with the Essen North District Registry of Deeds as
Plan Number 13362 and as affected by corrective Plan Recorded as Plan Number
13727, J'UN�IQ I#in,143
and said lots are hereby released froth the restriction as to sale and building specified
thereon,.
The Lots designated on said Plans which are the subject of this Lot Release are as
follows: (Lot Number (s) and street(s))
Lots 6A, 7A., l IA, 80A, 81A, 82A, 83A, 84A, 85A as shown. Qri'a plan
of land. entitled "Plan of Land, Forest View Estates, North Andover,, MA,, Prepared
for Pulte Home Corp. of New England, 257 Turnpilce Road, Southborough,
Massachusetts 01772", drawn by Marchion.da & Associates, U., dated April 14,
i
64—MARK,B, JOHNSON
I
C;1 t, li��tt{�W4Ard fgfms\Cgpy gt'rgrm J-Lot Rulcaso,�gc
12 Chestnut $t.
% I - Flat'An
AUG.14.2001 7:20AM PULTE HOME CORPORATION OF NE NO.029 P.2i3
2000, Scale 1"�40', Recorded with the Essex North District Registry of Deeds as
P1ar Number 13761; and
Lots, 8, 9, 10 as shown on a plan. of laTid entitled Def itive Subdivision Plans
for Forest View Subdivision, Rout6, 114/Sajorn Turnpike, North Andover,
' Ma$s4chusetts" prepared for Mesiti Development Corporationi, 11 Old Boston.Road,
Tewksbury, Massachusetts 01876 by MHF Design C;ollsultants, Locus Map Scale
1";600'2 Tax Map Composite Scale" 1"W20,0',dated,September 22, 1997, revised
through 11/3/98, and recorded with the Essex North District Registry of Deeds as
Plan Number 13362 and as affected by corrective Plan Recorded as Plan Nunnber
13727.
c 1-Y. (To be attested by a Registered Land Surveyor)
Lots 6A, 7A, 11A, 80A, 81A, 82A, 83A, 84A, 85A as shown on a plan, of lend
entitled "Plan. of Land, Forest View Estates, North Andover, MA, Prepared for Pulte
TZome Corp. of New England, 2157 Turnpike Road, Southborough, Massachusetts
01772", drawn by Marchionda & Associates, L.p,, dated April 14, 2000, Scale
10)=4Q', Recorded with the Essex North]district Registry of Deeds as Plan Number
13761; and
Lots, 8, 9, 10 as shown oda plan of land entitled "Definitive Subdivision Plans
for Forest View Subdivision, Route 114/Salem Turtipike, North Andover,
Massachusetts" prepared for Mesiti Development Corporation, 11 Old Boston Road;
Tewksbury, Massachusetts 01876 byMHF Design Consultants, Locus Map Scale
1"-600% Tax Map Composite Scale" 1"=200',dated September 22, 1997, revised
through 11/3/98, and recorded with the Essex North District Registry of Deeds as
Plan Number 13362 and as affected by corrective Plan Recorded as Plan Number
13727.
Registered Land,Surveyor
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
-�-t-Ae- y 7-An 1 , and/or Covenant dated November 9. 1998x from
Mesiti-Moore'sF'all, LLC of the City/Town of North Andover, Essex County,
Massachusetts recorded witli the Essex, Forth District Registry of Deeds, Boob.
5247, Page 76, or registered in Land Registry District as Document No.
_ and noted on Certificate of Title No, , in
Registration Boolc _ .._, Page , ackaowledges satisfaction of the
terms thereof and Hereby releases its right, title and interest in the lots
designated above on said plans as follows.
C;17�aWelo��tent\I'�am�in�50prd rofwslcopy orrorm J-Lot Releaso,doe
i
AUG.14.2001 7:20AM PULTE HOME CORPORATION OF NE NO.029 P.3i3
Lots 6A, 7A, 11A, 80A, 81A, 82A, 83A, 84A, 85A as shown on a plan of lannd
entitled "Plan of Land, Forest View Estates, North �,1dover, MA, Prepared for Pulte
1-10Ine Corp. of New 1iugland, 25,7 Turnpike Road, S'outhborougll, Massachusetts
01772", dr om by Mafchionda & Associates, L,P., dated April 14, 2000, Scale
1 40', Recorded with the Essex North District Registry of Deeds as Plan Number
13761; and
Lots, 10 as shown on a plan of land entitled. "Definitive Subdivision Plans
for Forest View Subdivision., Route 114/Salem Tul-11pilee, North Andover,
Massachusetts" prepared for Mesiti Development Corporation, 11 Old Boson road,
'c Tewksbury, Massachusetts 01876 by MHF Design Consultants, Locus Map Scale
11"=600', Tax Map Composite Scale" I"=200',dated September 22, 1997, revised
through 11/3/98, and recorded with the Essex North.District Registry of heeds as
Plan Number 13362 and as affected by corrective Plan Recorded as Plan Number
13727.
EXECUTED as a sealed instrument this day of z6„ 2001. _
S
' Majority of fihe
Planning Board -
Of the Town of
, ----
North AndOver
COMMONWEALTH OF MA$SACHUSETTS
JLtn� C, 2001
Essey., ss '
Then personally appeared ftl))) Le-SQa r .Li.. ._, one of the above members of the
Planniin Board,of the Town of North Andover, .Massachusetts and aelmowledged the
foregoing iiistf'uxnenvto` be the free act and deed of said. Planning Board, before me.
r Notary Public
My Commission Expires:
Ct\Oevelgp��QnclPlannin6 l�gAr4��t'mblCopy oP 1�oPm d-C-q Relen�e,d4c
AUG-14-2001 TUE 09:01 AM FAX N0, 00 P. 08
BK r
1,95 PG
s YY r��1�t ri x•x cti I.
/ .LTV 1 R\j,j..i�,[i`5r.�
Th,'un&,rsigned,boiri€; a majority of the Planning hoard of the Town of North
Andover, Massachus&t!,, hcroby certify that:
a 11ir; zr,llirirr�Fjy, rs►<. for t ic cortsir action of ways and municipal services called
fog tile, or Surety and elated-T._d_ Z 7-001 ,j1__ and/or by
tire: C 0Vk:"ii<'ttit datc;d T November 9, 19/8 and recorders in .District Deeds, Rook 5247,
P,q{'e -76; or registered iii _--_ w _.- Land Registry Tliatrict as'
LJ(Qjj lib iJC L JG lVl J
1,t�c.urncrit><1o._ __ and noted on Certificate of'Title No.
in 1Zc}!istc�itioii 13OO1< --- , Page -� �; has been completed/parnaily completed,
to silk;satisfaction of tIll"Planning Board to adequately serve the enumerated lots
Cliowg ll 01) lhc' f(rllowr)tfr Plans:
S cts ;A, i 1,'�, QOA, 21A, 82 N, 8?A, 84A, 85A as sbown on a platy of land i~•---
"P t 6 V' I: t l° North Q„do-ver �R A Prepared for 13, to �
l;I1C1t14L1 t"1lii OL 1..,iiitC�, �'�iii;SL i�w `a i3is.�, � ,a,.a...v , . , _ �
;t t(► ,je C.oip, of blew 1,ngland, 257 3urnpik toad, Southborough, Massachusetts
017 72", drawn by Marc hionda&Associates,1.;P.,dated April 14, 2000, Scale
1,-407, Recor(jocl witli the 1,,s sex North District Registry of Deeds as Plan Number
13 761; nod
, 8, 9, 10 _, .,lio;vii on a plan of lanes entitled "_Definitive Subdivision flans x
IUi'I`ll re 5t `v`ic;w Siibtli5'isiGi"i,ir.(YLI i i�/�yc^.ivr'.t�1'ur pike, Nord?:�nEl� Ci,
,a ] �t T i.. 4 1•'� 4� r �� t�nt`4A R (9
�1as$ti4ltctticttw 1)rCl3it9 ivU ���� 1�.1L Sltl D VC10pillent t.00rporation, .1 v.d Bloston , oad, �
1cvvlcstittzy, n2:�ssacltiiss9tts 01876 by%v HF .Design Consultants, Locas 14ap Scale
1"'=CiOO', Tax Map Cor'slrio5tte Scales; 1''�=200',dated Septeml)er 22, 1yy7,revised 7c.
through 11/3/98, and re Essex with the North District Registry of Deeds as IV
N-a i Nuntti r 13362 and as affected by corrective Plan Recorded as flan Number r Ix
13727. is
JUN G'01 Auld:A
a.ii5+i.z:liid ICtts aro lvz xeiiy n4 ased from the restriction as to sale aTrd building specified
ilter;.ptt.
The Cots d',%ilniated oil saki Plaris which are the subject of ibis lot 11-ciease are as
follows: (Lot Number(s) aticl street(s))
Lots, 6A,7A, 11A, 80A, 81A, 82,A, 83A, 84A, 85A as shown on a plan
of land ontitlr.d"PI"U) Of t_and; Forest View Estates, North Andover, MA, Prepared
dirt 1'tilic :i:liiic Coy �tk Nizw i 1��;l:il,r1�2j7'1ti�rnlrike Road, Southborough,
a ,•�Y 721" t pR r, ,., r p, s ,ocinte r n r icd Aril 1Q
l;�i� •�iSl;:111.iSd•t ts \!j /r s, , �'1(�«L�JIi a33%jvi,�..L.h,wii�'.�t�', aAt 4 ........S, �.,. ., d� .,
(;,'R''r,Q,I!r{st4S1)UL!{tlic and tome-,V rpy or Form I-Lot t i,L:r.4eAN
AUG-14-2001 TUE 09:01 AM FAX NO. 00 P. 09
A i R5 PH R
2000, ;'male I"-4.0 , 'Recorded with the Essex North District Registry of Deeds as
PLIVI Nnmkr 1 376 1, and
Q-1-1; ;S;-, Din-
10 d PH111 U1 IUIIU VULILICU 1JV,111J1LJVU OUVUIVI IV IS I Wila
R)r J,ovvst View Silbdivision, Route 114/8,alcm 'Tumpike, North Andover,
h"Mi ssm C.ill;S C t ts nlyAn-red for TvIc.qiti Development Corporation, 11 Old Boston Road,
M Q'7f INo WP ns�einn C'n"C111tonto T ne-Im Mnn Rl-nle,
XJLILIfW . A 04 11--
ON- - 151 -1--j 0 -- 1111 1 nfA,7 j
W1*600-, t ax map Compostic -.Scale; �/_Uu )UMCU 3UPLUMUCI LL, L 771, NVII.SW
through 11/3/98, an(I recoi,ded with the Essex North District Registry of Deals as
by corrective Plan Recorded as Plan Number
A"i
b. To be attested by a Registered Land Surveyor)
!.,ot4 ()A; '7A, I ]A, P,0A, 9 IA. 82A. 93A. 84A. 85A as shown on a plan of land
C;r,#:at ,1 99111 r r, 1, W;n %I Un#�+.n �rlb Andover MA Prormi-ro-A fAr Mdti-k
AtUck, 1. jarl 01 1 ?.il(j I'LYL"L V 1%,% L-31XAL%/Q, No &ZI I LIAUM VIVA) AIA4 S, 4 6 v,r
110-me Corp. of NCW England, 23 / turnpike Road, Southbufough, massachusetts
01772", drawn by N11,11-0-ki0l2da & Associates, L.P., dated April 14, 2000, Scale
1":.=4(Y, Rt-.r.nr&-.cJ witli th-. P-sscx North District Registry of Deeds as Plan Number
13*/6 1; a i-,d
Lots, 8, 9, 10 as shown on a plan of land entitled "Definitive Subdivision Plans
for View 9,411 clivisint Roljte 114/Sn lem Tumpike- North Andover.
v "I"It %-Iv'For d
(ALA"11,
41ewlcslnny, massaq'hu setts 0 1816 by MHF Design Consultants, Locus Map Scale
1"=-600% Tax Map Composite Scale" I"=200',dated September 22, 1997, revised
11,rou gj 1 11/319 8, :,m,,d re,corded w-th the E,ss ex North Di v tri nt R e.(Y i,-,try of Deeds tS
J a Nua-lbef 13362 and as affiecte-4 by corrective ."Jan Y1-
AU -1 U 4, tj U I Ian mccordled as Plan Nuanber
13727, 1 A fl n
Registered Land Snrvev r
.'o.
C. I'lie Tom of North Andover, a municipal corporation situated in the County
of Essex, Commonwealth of Massachusetts, acting by its duly organized
YAU Ilivg, 14--rd, holdr-r of a Perffirmaince Band or Sivri-tv tint.-ij
—A —---lL--A 1 AAO P--
Vor Coveriant U'aLCU INUVrZILLUIZI :1. 1 YYO LIU-1-11
Mc,slti-moor4 's.-Fail, LLC of the City/Town of North Andover, Essex Comity,
Pvfassaclmsetl, recorded with the Essex North District Registry of Deeds, Book
5247, 11age 16, or registered in Land RPqgry iq Msffi rn
nt nc bocUent. No.
<%Ild VLOILCU Oil LILICaW OfIflft NO.
Registration Book Page aCKnowledges satisfaction of the
t�1rms thercof and hereby releases its right, title and interest in the lots
4:'-sigilawd at-,love Oil R-,)i T1(i 1"Inq
- - I- — —-m fo fflows-
Dwid folt)s!"Colly of Form J-Lm RC!!UU0.dm
AUG-14-2001 TUE 09:02 AM FAX NO. 00 P. 10
K 6 1 .8, KG-Lots ��t®4tit � �
Lots 6A; 7A, t IA. 80A, 81A, 87A, 83A, 84A, 85A as shown on a plan of land
re+retl :rl l.sr ,.f rl Y�ItiY..xni tlin.s/ Tictltna ATnr111 Alwlnr nr AAA Arnnor, /A fr%r Pulte
Vddtdd l%,L1 l MI O RJi IA\d, A \ldV7t V 1V rV LOl4X�V.7, 11V1 ?1 X ►UV V� AI 1V&A 1, A 1�+t1 Gb1 V\i SV A "L
YY •1 PA V1 \ 1 /e P„"P .'r• 4 T _ _ .4 f1 _ ! 1_ l ! I �_. ._.a_
lltliil� 1..4i�3, ar � cti�� .t��ia�;l�ifiG s� ltirnpixi; xo�ia, dSUUi[1�7rJI0Ugn, 1V1i1S5iiGiiUSirllS
01772", drawn by pvlarchionda, &Associates, L.P., dated April 14, 2000, Scale
1"=rlfl'; R ei-.otrle i witl) tire, Ts.sex North District Revistry of Deed as plan Number
Lots, 8, 9, 10 as shown on a plan Of land entitled "Definitive Subdivision Plains
for lior(.,;st Vit;tw Subdivision; R-outc 114/Salem71)impike, North Andover,
N11a ssaach isouts T 1')i- pared for 1'VI es,; ,'yevclv�Jdilem %,viJrvruiivi, A i vid Bvston Rvud,
l e,wks".1i,lry, FbDassat-husetts 01876 try?viriF Design Consultants, Locus map Scale
1" 600', Tax Map Composite scale" 1 200',dated September 22, 1997, revised
i•Sii•AlW1.1 1 l l /t) ; <;rit1 rH"())-&-d with the T?ssex North of DPecls _as
i)litii l`wiiiiii%�.i i;_�di.� U11E1 ai iillt, iU U vy �v r'ar i�init i%LCiriiiiil a3 i�i111 1NU1I1LJ1,1
1 311 M.
EYTY'T MITT) a5 g,f ,Ic h trunicrit this r ay of Iiivi , 7.001
Majority Of the
�r � r
P1;.nijin�v
a Of the `l Own of_.j (,,j
North A, do4rer ,✓c7` l�S 'gip u"'"��
PMA KAr>XT%A7'P A T TLT (IF DracA A Q Q A OT-TY TQvyrc
�.:v sir iti,a ♦ .r l./t ASJ11A v s�,lvLavSA /6J.LA !.y
FSSSex, Ss fkl7m , 2001
1,11c.1 P'nsonally asyi;sc OnP of the,, tahnye meir!}?1rs of the
1i'1n 'Yin- Do- �1 ^-r a "t'„Y•. n „rAT�rtI-, And—. - A .+, a rk 91 .a,,..0 t
a sulidd+taiy a.rvulCa Lrd Ilt�, i Vvfda k1d [-�Vdtda rilii,i4iv1J1, Massal.l usetto i�nl► [lLi�r1VV1�1�.UbCrU (-I1G
f01c.j,Sins! iwik— lrnent to be Oic free act and det'C�, of said Planning lsoard, before nic.
L
I _
T�Tr�tnr.r 414! Tr
i i',Vt�al,' A tt ilri
ivly Commission i3xpires:C yai>e,. ,�z-1/ o
(::U 1-1.at ite.lcaseAoc
RUG-14-2001 `I'UE 08:51 AM FAX N0, 00 F. 01
LAW Of"NCr OF
MARK B. jOH N ON
12;;4ie,; i%t fit:•uet
,A��n�rc+r+Ttt(�cc��hlicrrlt4 (liRl(1.27Q[i
(978)475-4488
-rc!cCooict: (978)475.6703
1':)1att;gal::
i:MN`IN (,,fA.NH,:,,') j4AT)!RYNM.,,h1CQ'UN!
f,!i`O A. O'CON' 'NZ-VI1, (M.M11,[?li )!{ANA,SRI•A4[AN
JuaN!nl.11 1�, i;t,1,f,��;N�J1?ZN (SE.,t,kW) UkNNECRISTALM
n!..!iA13er11 J. UARI'ON WA,IX.')
Date: Au ttst 14, z0Ui_
[,' ( ,S[MILL-TRANSMISSION I—OVER SIAPKET
Ib:
Re: Pullo/Forost View
Receiving F i-„imile Nkm-ibt f: _
From: YSt1[hivil Nt._Morin, ]?�irolu�;r�l.- _—_ -- /KMM
S,n)tlim!l=acsiroile Number: (978) 475-6703
�:l:relt�
.... ,.` 'isr,:'ryrAt•,cl`-..r.,/� _® - ,, v'n _ -
rvIVJJa"cvC. 1r11ri14Zasyca,,, ,acj JLGILt•clLLill«unlcw.��I �iL11 li-cvluvu
Form F and Form .l from the June 4, 2001 nleet1ng. Please
c:lll i f ou havcianluesliol�s. Thanks
'!•/die 1i'b"'new k 1�{.��•:t:i L',rli�r%a lyiv;/nfw-"1/Ind rn;II.,line
for erse?dj ij iv(iiilod C lo-I... Any oll-TYfiyl%16 V ♦11J1,\rU111 L �iJ
strict-ly [ jJy f fLfl✓r fi I4YLILLtYLt / I % I/% Jy At,)411 l k" {l GGl /
/1J!%%/l'Cd1tllLlY' lr_{' ll•lt;plloil C. lllfll Jvl tll It (he U%{gIll(ib 1%!,i%%.]J'fl EJJlV7! to 11J t.7y !)(tl L6 YIlIl Jl otl!
u1ukijzt;it copy.
J
ll problems in tt'.im msU iori lv, CUCou{flored,pleaSe Co1)IaCL Soilder At(918)475-4488.
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 September 10 2002 and/or
by the Covenant dated November 9, 1998 and recorded in District Deeds, Book
5247, Page 76; or registered in N/A Land Registry District as Document No. N/A
and noted on Certificate of Title No. N/A in :Registration Book N/A, Page N/A; has
been completed/partially completed, to the satisfaction of the Planning Board to
adequately serve the enumerated lots shown on the following Plans:
Lots 12A, 75A, 76A, 77A) 78A, and 79A as shown on a plan of land entitled
"Plan of Land, Forest View Estates, North Andover, MA, Prepared for Pulte Home
Corp. of New England, 257 Turnpike Road, Southborough, Massachusetts
0 1772", drawn by Marchionda & Associates, L.P., dated April 14, 2000, Scale
1"=40', Recorded with the Essex North District Registry of Deeds as Plan Number
131761; and
Lots 13, 14, 15, 16, 17, 18 as shown on a plan of land entitled "Definitive
Subdivision Plans for Forest View Subdivision, Route 114/Salem Turnpike, North
Andover, Massachusetts" prepared for Mesiti Developinent Corporation, 11 Old
Boston Road., Tewksbury, Massachusetts 01876 by N4HF Design Consultants,
Locus Map Scale 1"=600', Tax Map Composite Scale" I"=200',dated September
22, 1997, revised through 11/3/98, and recorded with the Essex North District
Registry of Deeds as Plan Number 1.3362 and as affected by corrective Plan
Recorded as Plan Number 13727.
and said lots are hereby released from the restriction as to sale and building
specified thereon.
The Lots designated on said Plans which are the subject of this Lot Release are as
follows: (Lot Nuniber (s) and street(s))
Lots 12A, 75A, 76A, 77A) 78A and 79A as shown on a plan of land entitled
"Plan of Land, Forest View Estates, North Andover,
MA, Prepared for Pulte HomeCorp. of New England, 257 Turnpike Road, Southborough, Massachusetts
0 1772", drawn by Marchionda, & Associates, L.P., dated April 14, 2000, Scale
x
C:\DOC U N 117-1\A I)N1 IN I-I TOCALS-I VremIA,orm J-Lot Release.doc
1"=40', Recorded with the Essex North District Registry of Deeds as Plan Number
13761; and
Lots 13, 14, 15, 16, 17, and 18 as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route 114/Salem
Turnpike, North Andover, Massachusetts" prepared for Mesiti Development
Corporation, 11 Old Boston Road, Tewksbury, Massachusetts 01876 by MHF
Design Consultants, Locus Map Scale 1"=600', Tax Map Composite Scale"
1"=200',dated September 22, 1997, revised through 11/3/98, and recorded with the
Essex North District Registry of Deeds as Plan Number 13362 and as affected by
corrective Plan Recorded as Plan Number 13727.
b. (To be attested by a Registered Land Surveyor)
Lots 12A, 75A, 76A, 77A, 78A and 79A as shown on a plan of land entitled
"Plan of Land, Forest View Estates,North Andover, MA, Prepared for Pulte Home
Corp. of New England, 257 Turnpike Road, Southborough, Massachusetts
01772", drawn by Marchionda & Associates, L.P., dated April 14, 2000, Scale
1"=40', Recorded with the Essex North District Registry of Deeds as Plan Number
13761; and
Lots 13, 14, 15, 16, 17 and 18 as shown on a plan of land entitled "Definitive
Subdivision Plans for Forest View Subdivision, Route 114/Salem Turnpike, North
Andover, Massachusetts" prepared _for Mesiti Development Corporation, 11 Old
R- +(,,, Ql oA, T-. I-obury, Mac,oach,1settc 01876 by 1\\/HF Design ( rAn Q1iltantc
11U l.\1111.\\JCL4l 1-1'\1\JVUl 1V1UJJ Vll �J V V V 1 -1 �./v11U u11U111.J,
Locus Map Scale 1"=600', Tax Map Composite Scale" 1"=200',dated September
22, 1997, revised through 11/3/98, and recorded with the Essex North District
Registry of Deeds as Plan Number 13362 and as affected by corrective Plait
Recorded as Plan Number 13727 ,,
do conform to layout as shown oil the above referenced Plans. v r m,D_ 49
.!i, s
�r
{
Registered Land St eyoi !�,',��.,. -:
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
September 10 , 200 2 , and/or Covenant dated November 9. 1998,
from Mesiti-Moore'sFall, LLC of the City/Town of North Andover, Essex
County, Massachusetts recorded with the Essex North District Registry of
C!ADOCUMG-I\ADMINI-1\1-,OCALS-I\TempA17orm J-Lot Release.doc
Deeds, Book 5247, Page 76, or registered in Land Registry District as
Document No. N/A and noted on Certificate of Title No. N/A, in
Registration Book N/A, Page N/A, acknowledges satisfaction of the terms
thereof and hereby releases its right, title and interest in the lots designated
above on said plans as follows:
Lots 12A, 75A, 76A, 77A, 78A, and 79A as shown on a plan of land entitled
"Plan of Land, Forest View Estates, North Andover, MA, Prepared for Pulte
Home Corp. of New England, 257 Turnpike Road, Southborough,
Massachusetts 01772", drawn by Marchionda & Associates, L.P., dated
April 14, 2000, Scale 1"=40', Recorded with the Essex North District
Registry of Deeds as Plan Number 13761; and
Lots 13, 14, 15, 16, 17 and 18 as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route
114/Salem Turnpike, North Andover, Massachusetts" prepared for Mesiti
Development Corporation, 11 Old Boston Road, Tewksbury, Massachusetts
01876 by MHF Design Consultants, Locus Map Scale 1"=600', Tax Map
Composite Scale" 1"=200',dated September 22, 1997, revised through
11/3/98, and recorded with the Essex North District Registry of Deeds as
Plan Number 13362 and as affected by corrective Plan Recorded as Plan
Number 13727.
EXECUTED as a sealed instrument this 1 o day of September , 2002.
Majority of th '
Planning Board
Of the Town of
North Andover
CANVINDOWS\Desktofform J-Lot Release.doc
COMMONWEALTH OF MASSACHUSETTS
Essex, ss October 31 , 2002
Then personally appeared Kathleen McKenna , 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
My Commission Expires: r -
F:Newdocs/Pulte-Re/Forest View/Form J Lot Release
C:\WINDOWS\Desktop\Form J-Lot Release.doc
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover,Massachusetts 01810-3706
(978)475-4488
Telecopier (978)475-6703
Paralegals
MARK B. JOHNSON (MA,NH,DC) KATHRYN M.MORIN
LINDA A. O'CONNELL (MA,NH,RI) LIANNE CRISTALDI
DONALD F. BORENSTEIN (MA,ME) JOAN H.DUFF
MICHAEL G. FURLONG (MA)
November 7, 2002
Kathy McKenna, Planning Director
Town of North Andover
Office of the Planning Department
Community Development and Services Division
27 Charles Street
North Andover, MA 01845
Re: Forest View Subdivision Lot Release
Dear Ms. McKenna:
Enclosed please find the Form J Lot Release in connection with the above
referenced Subdivision. This Lot Release was recorded at the Essex North District
Registry of Deeds on November 7, 2002 at 8:29 a.m. and recorded as Instrument Number
56719. Please note the attested true copy information stamped on the back of the last
page of this document for your reference.
Should you have any questions please do not hesitate to call.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
Liatme Cristalai.,
Paralegal
LC/dms
Enclosure ._. _
a n
cc: Reid Blute NO 1 2002
Noppq
FANew-DocsTULTE-RBForest VewU cKenna Itr 11-07-02.doc
LAW OFFICE OF
MARK B. JOHNSON RECEIVED
12 Chestnut Street
Andover, Massachusetts 01810-3706 2002
978 475-4488 NO[RT�H t`*J �(.Wffrl
( ) PLANNINM stiiL�PA4)ATM NT
Telecopier: (978)475-6703
Puale�als
MARK B. JOHNSON (MA,NH,DC) KAI-HRYN M.MORIN
LINDA A. O'CONNELL (MA,NH,RI) LIANNF..CRISTALDI
DONALD F. BORENSTEIN (MA,ME) IOAN H. DL1F1
MICHAEL G. FURLONG (MA)
November 27, 2002
Kathleen McCarthy
Town Plarmer
Town of North Andover
146 Main Street
North Andover, MA 01845
Re: Pulte/Lot Relea e'/Forest View r�
Dear Kathleen:
As you are aware I represent Pulte Home Corporation of New England and who is
seeking additional Lot Releases. Enclosed you will find an executed Form J Lot Release
as well as a draft of a Form F Performance Bond Agreement.
I believe that Pulte has previously provided to VHB a Bonding Estimate.
I would appreciate your contacting VHB to determine the amount of the
Performance Bond and placing this matter on the next Planning Board Agenda.
Thank you for your help in this matter.
Very truly yours,
ark B. Johnson
V
KMM/dms
Enclosures
cc: James McCabe
Pat Cone
C9windowsJEMPIMccarthy IV 11-27-02.doc
JUN-14-2000 WED 03:44 PM M, B, JOHNSON FAX NO, 9784756703 P. 03/03
(I MNE AL INSURA(4W mr VAW dF
SAFECO® FRWNATONAL FtoME OFFM SAMCO pt A CW ANY aF M tI A
i
FORM r
-PLANNING BOARD
TOWN OF NORTU ANDMR,MASSAC$USETTS
7ERFOPMANCE GUARANnr,, DI'SURgTX C()&n)ANY
1 '
o�v 1111 man these press that Pu1.te Home Corpozat.i,on of NE
Sa£�'e ,t,Tnsuxanid is eica. of Ame7C asPrlstcipsl, and
State of Was%nitort0fP0md°n duly orgutttzed and c dating under the IANrs of the
-� an having o usual place of business in Seattle, Wa
Surety, herein'bind and ob!ipte themselves and their place of business Mn - a, ' as
Surely, hereby bind and obligare thmuelvcs and their as
successors and assignq,aol Uv d s4v rally, to the T respective heirs, e�c tutors, administrators,
eo an, o" of North Andover, a MUSachusetts municipal
tporadoa in the aunt of - pQl
'; Dollars
The c0»dltion of this°bligation is that if the Principal shall fully and satisfttor4 observe and pmfarnt in
the manner and 1n the tame therein specified, all of the covenants, conditions, agreements, temts and
' pfcMsiOns contained in the application signed by the Principal and dated under which approvai of a
definitive plan of a cermin subdivision, endued
Forest View Subdivil;i.on r Rte. 1
ve•z,Ma ,
Approved AZril '.13, 1998 mdamd NO". 17 , 1998 ins been or is
bemaat3er granted by the North Andover Planning Board
711e Surety hereby 2314nts to any and all Ci a"M and mnalications that =y be made of(kc aforculd
covenants, conditions, terms and ptvvisions to be observed and performed by the PrineiA and waives
notice hereof,
IN WITNESS V/1MREOr.we have hereunto set our hands and seats thl4 day of 2000,
d
(M®NTWPAY•Y=!1R) 0
Signed end Sealed 1 2000
%-,�.,n•gAY•YEAR)
tPR+NC(P ulte 23o potation of New England
�v;
lcR1NCVAl.)
Ca1v d, Director of Treasur
SAFECOINSURAI�TC1~ Y PeCacivne
ANY OP AMMRfCA
tsUR�
iATTGRNEY•IN-PAcM
Robert fort®r
14a719agp 7J98 i
I
4)RPOW04 VO4eMVt Of SAPEC®Caiponli®n,
l
AUG-14-2001 TUE 08:58 AM FAX NO. 00 P. 02
Bond N SG 610
Aggregate Limit S 152,400
FORN!F
P,;,r nR IA Ct BOND ACRFFMRNT
NA 1�La3+19 AL)V1)fY%71i D YA1 AVW1WP_ RnA.j27n
LYA)i\a a, Mk T MIN c.r r C,a%s A4,e.........o
�G1,r 1;.1yt 4' Rr r11 &n1 ill consideration of approval of the within subdivision by the Planning
110 and this " ' t� y of May 2001 by ari(l between the Town of North,Andover, a municipal
(ofpv alkicia acting itg tbi-ough its Plat.nirta Board and Pultc Horne C'.n►nt._nratinn of New England
..
havim",a usual place of ijusiness at 257 Turnpike Road,Suite 200,Southborough,MA 01772
1icrciyl-nft4r rVfcrrcrl to as ih:: Al)pll+%Eil1't i111Ct VW(lGi owil 1 04 tea, tautu jttvwJ,via uaar
rollovii t� 1^rlc;
lots 6A, 7A, l l A, EOA, 81 A, 82A, 83A, 84A and 85A as shown on a plan of land
ontitled"Plait of Land,Fotest'View Estates,North Andover,MA,Prepared for Pulte Home
t"oyro_ of Now fin pl2wl,257 Ttimpike Road, Southborough,Massachusetts 01772", drawn by
MArelti0n(U,&A,sso6 atcs,L.I'.;dated April 14,2000, Scale 1`--40%Recorded with the Essex
KL-N ik r)torieq Pe-p;cfr4/AFT)nnds ps Pl al Number 13761; and
n - t 1 1/� rnu a`�f1iYfTa rP]r pi a::rv'�'l »A e.nttt1Pl�"T)Pfinitive Sllh(livision Plans for
,3r4/1J a), 7 WiC1 as aa,J a alma. ,•, t.
9 W N..1. 1:_.-.,.-...a T7,...♦ 1 1 A/Q!nlrora, '1' w,r,i1J+, XTnetlr Avieln rar IUTA...Ss3GTeta1Cl.11C,r nYPY3Al'E(t
'UllSt �j1.g'/ 1�lQlllll _t.iJ,a 1\Vat4 J.L'f/ .)aaaa,tal diaa;aiJaaa V,arvataa v+9+ f" I" — —
Jv_._._ 11 J11.Y Y].._._s�., b.....1 rr—A .-b.a f �JT.acconl" ��tf� n1 .1w�I
for!,&sits Devi:il,lY11'cnl l,Ult,Vltlttijgl, i t VlU rawaa�u twau, is rrn�ararrj,l:ataa rt+vaa.i 87
a, -, , _ r. a_ I"_enn, m__. N or /"•��.�. a Q..ol,>" »_7/rfly 1.tanel
1'rftt'l I" t.)i siga Coll.su4,a.trts,Locus IYJ ap Sciile 1 —UUU , Iax Mall %110'a,oJite'Sc a,a, � <.�V ,ilsawaa
Septemb er 22, 1»7, revised through 11/3F)8, and recoraud will ulc 1_;s-Scx 1VV1111 wistrict
Rog,istry of Decals as flan Ntin ber 13362 and as affected by corrective Tian Recorded as Prim,
Ntmiber 13727. VIM t°-Ini
Va:rvv va rina. :d
for titlo to the propcit_y see dear frond Nlesiti-Moores Fall, LLC to Pulte Horne Corporation of
n.n A r_.1 _a t_ Y±_____ 7 1L Tl ...w... ., b..... ..b.-.r I'll 1n
j,joNv r.'.Clgj, i_n(1 da€� d june �ti,LUOU 10C0itk4tl ift tt1G���tx PVuttu d�iauwt a�a�l�uy a7i arc�Caa pit
Book 5793,311aga 26?,and de-ol from WoTc's Fall Corporation to Mesiti-Moore's Fall, LLC
clmcd November 6, 1997 recorder!at the.Essex North District Registry of Deeds at Book 4896,
�, a J. Y �, ra White= AJf a._A� APa V V�11 T T 0 rla4o-A Anril 'if) 1098 and �.
1:q,rt%1!L aril dtC: d fiwi 1 tJxn T hite, o a cs14t-lr vvav V.aaaa,arJ+v .•.+.
B
rccorllhxtl in the Registry of Deeds at Book 5039,page 249
I• 'risC,ajn !I-nit 13r;r"lgv n�rr�r__:,to t 0118irne't the ways and install the utilities in the foregoing
subdivision ir;accordance with the following: f
♦_ 1:.,,a.' r AA 1 4rWN ..;l:vrn 1�n/ nrr» �' rl wtJwl
1, tR1.Y1J{{1 S(.kiWon l+i�vl d'►(f rtnl t`�i3Ji7t of ✓a�auuaara..auta
/f
_AM; 4, B. t1OHNSOt,3
Attorns- at
.1l.s QC ,e,,tnrl,Wit.
AUG-14-2001 TUE 08:58 AM FAX NO. 00 P. 03
Df5 IDLL� rU
All tilt,conditions of approval of the Planning Board in their decision bated April
a 993-5 ,_ 'ft._._11.. ♦ C«•t, Exhibit 1 —dl ttarhndi hereto :nd
1.5, 1 i Jb,w11iCI1 atti >�1Ci filly J1it AVll11 Al 1�A„4Ve{ 1 UA—iaa{u{uva.hereto
ril.r c:s part t1wreof. ibis Performance Bond Aglreement;and
iii. All tilt;requiretiwilts of the Subdivision Rules and Regulations of ilie ivort'll
rtnclov,.r Planning Board dated and revised February, 1989 under the authority
Provi(k,.d by Section 81Q of Chapter 41 of the General laws(To.Bd.)as amended;
except for the waivers which have been granted by the Planning Board as
,;Pecift,ally sct forth in Exhibit 2,and attached hereto and made apart thereof,
tfik dtc-vcloprltcnt a8rcettient. Any modifications to a previously approved
stiat .ti,;isit�r 11t3.11 p,ir_nant to M,G.L. Chapter 41. Section 8IW would necessitate a
s<,c�ai•1..r•a a�e,nn kn���t Sicr,-1NPm Pni In he completed in addition to the
t d "it f;ilAdi %it fir the rigijnit;vP c,ihrlivisinn antirnval'
Ea":"tsOite:iniic4 {/��ii uL,r�'+t,+�,1Vi v., - - -rr- -•
i1F7i1
Subdivision
t• Plans
_ --_1Sf__ _._ice—_3 L..aL.. A....l:....
iv. Ill nceokiance Wlili thu Subdivision Plans auld profiles suvlultl�u vy ►s,c r,Yl,ttullrtt
itnd ap j3roved C1y file Planning Board;and
2- T'lj,3,lpplic,alt>>cknowlcdges that the waivers that are specifically designed in Exhibit 2
'Ire tllc oilly vv'aivcrs that We arknowledged and approved by the Planning Board as of the
date of the.approval ofthe,Subdivision Plan; and
? '1 hL► Alyl3pical-,k agrees that the subdivision shall conform to all the requirements of the
St,bdivis:kin 1,1i.0os an4 Re,gtil�qtioi7s except as waived by thePlanning Board in writing if
lT die••��.1.1a;�,s It ir.not,-nrj z trgit with tl1P_RuhAMsion Rules and Regulations, the
Sara r. >w•1,rl tl . �9.y nx,� tl,..nnii lifiviiCr yr .AY.„hroVajf tile-d Ann ienrit-tv1'P.E'..t in briva tilt,
YJ ClI Yl\-tJ �;t,lsliLwa.l tt7%sc.{v, tlAec• ,,,av t l Yt' ^C�•��- 'n
.. 'at•.:_, a...c..t./ In >.,V4 ,hood,A—AIA ton 1Pp�ntiln�a��na::t of
U4:Y1:1V1�11ia.=111 ltllV l:i)111tJilail4i✓wllte„t tw�.ue,y uu'o v•iavtavv a•va,...,..
f
Slt�!'@C(it't2171tFi1('i'; .trill
4. '1'l'lr ap plicallt agrees to consirtict the whys and install the utilities I-LI-1lll LWV l4 j yc11s
f row tilt,date of endonement of the Subdivision Plan and Profiles, and furthermore
riF(rec:s that construction shall be completed two years from the date of commencement of
constniction,or such.filrtiler time cis may otherwise be mutually agreed upon by both
l),,lrties in writing. l,aillirc to complete construction and installation within the time
spcx,ifi-A may result in rescis�.iort of approval of the plan,or may result in the Planning
l-lclard, by a nm ority vote, voting,to seize and utilize the surety funds to Complete the
r•r�nil.<,•titT�;tinl�a;=.+_�!il•lSttalt ati nil of the ways,and utilities, Prior to such seizure of surety
th.:ill+n+cT.na:l: tanwi•„i A—Al pYnVtdr the sure-tom nn nn tett tlfavS nntice, nn
e,.• 1.,/ ♦ t ,nr. oreri ir,cfaliatinri —f the bonde improvernehits
t3i'Ypwtimiey 1W 4'lW-uplict°✓the consialction %Mel ,,,.,{a•,,.-{,..,• i., ._-._-----
Cl:lll-1)Illlt t6[I.�d,.tAtltr/i*vlt�ll. In tliG Gttf t,ic Su1Nty OAUU1-eterrr. 11if to coyrplete ti;yA
a, eveli tuv ry v
lfill..)ro Ca?eaks, ille pari.los shall lucre Upon agree upon a schedAutc fror such,-MMA P1�tio-
til<llig,,ifito acoount the riaiure of tilC improvements irenlahning to be con;p feted,the
weatilcr conditions, and such other factors as reasonably impact file ScAlt-AtllC.
S. "ITh-� to maintain all ways acid utilities in the subdivision until the
lbl•;irming Board fixids that(lie subdivision is complete,and has received a favorable
rucaorurn4-Relit}ion by the Planning Board for acceptance of all streets in the subdivision
and action of i a Town Meeting warrant article to accept the street,and the street has been
acccplt ct. .l�tiilurc to maintain all ways and utilities may result in the Planning Board, by a
rtj q nrity vat;';voting to socize and utilize the surety funds for maintenance of the ways
a,;�1 111.1-- ie'�S,
AUG-14-2001 TUE 08:59 AM FAX NO, 00 P, 04
6. .l tic% Applicant Ott revs to record tnts t1 reenlenl With Me OULM VI,tUll I lan at t IM t.sitx
Winty V e�i,t iy of:(a eti s, and to forward recorded copies of finis Agrcelnerit to the
Planning within thirty(30)calendar days of the Planning Board's
c:itrtorse ment cif approval of the Subdivision flan. Failure to comply with this provision
wili rc;stilt in alitoniatic rescission of the Subdivision Plan.
.7, This awecraci-4t shall be and is binding upon the heirs,executors,administrators,
ticeessors in intere sst, and upon the grantee or successors in title. The;
pl�lic+rit 01'.1.11 tlotlry.,z v i1ew owners, heirs; executors,administrators, assignces and
t i 0.' �,SL'rS iri 1i.tuT'JSt th::,t this Gorr rer rent has been executed, and Shall provide written
1' t'd'i �1c;,,,„i•.x of l s t10 ific til"n. to tllc Planning Department, The..Manning board.
f�1�.�01�t .i.:.f c .,r v va , �x� cn x b
hovicve; ' fillip ill flan cvent the o—ner$of the property and appli'mant nntiry the?
t'hrl'ilAlng,tSiYFi):(i 11l\VllllCig U►i1 trFliiSeci in 17t1C lu t11e Y1vNwt,y, tt aua.v►vf—c.v 314cm wri.uw.ctv
e Aisting bond with another bQn(1 �lcccpia`vie iC)tile:i laiiiliil to'Giliil. Tjic isxi6tiiit;boiAd
t11111 rCimiin i.11 fllil force and effect until the Planning Boatel ap rove-S the 3iiuseq ient
bond.
9. Tho Applicant is 1110 owners)of the record of the Premises on said plan.
1). The bond provided to tho Planning Board shall not lapse. The Applicant agrees that if the
horld or other security lapses or is no longer valid,all unsold loss shall be considered to
i;te li k&r rovc!taiit awl not be.conveyed or built upon and the Town shall not issue
Lii; di!!eyc rtv"n;lc An clrr•h lntg in t11n ctihrlivi6M, and the Anntieant shall forthwith
A"l in tl.r PlAnriiner Pe-.s,ret ttlt'or"nlivo cimiritvr nrr..PnrnhlA to flip.Rnard
_
.n �'tz.. q t l..__. • F.t.e t.....a111.o-.1-.. A to#U. A�...l:nnv.t
10, 11.E fippiflicajut VagrcGS that ito al-nount of the scvuilty wut vv JR-MU,vv tv t.X A13phC4,1 +c
11nt11 Stied tilno-m'tat;P►1DP1lCiilit I1',As i:()t11P1Ce13U thQ wo-11 in acco-judan .t vvitli Sul decisions
and wr,V dxiocml.,petitioned Towel Meeting and obtained a favorable recommermation
froiYl tl)c Planiglig Board for acceptance of all streets in the subdivision and obtained
Town meeting,-Approval for all streets in the subdivision. In no event,however,will any
cash amount Of security be released to the applicant and no bond reduction in the bond
,unount shall occur without the express consent of the surety,providing the security under
this)at recrnent,which consent will not be unreasonably withheld.
11. 11rinr to tho<itrrl:htllrc'.cif the Plai1nine Board of this document;the Anplicant agrees to
r.rtst cts f ri,I1}t Cisnrlc tA»1i! rAr the-t Planning Board consulting Ennittt i r to perform a cost
1 IN"
to f 1crini17e the a".11ount of-,,'.r.'.t.,t.nt>to be posted for the Cubdiv Ciotn and will
Host,tlw.iauacwat i+s tdGtlaii}[li4u U tiiAS N VaL v5tititatc r surety vi tlAe St11)vt`liaivr�a.
!1, 1°rior to the si imiure oI the YIairliing 130aru pftn'is doC—Ur lecet'the 1%ftpitiailt481c`es to
post sufflciell'c funds to fifty for the Planning Board Consulting Engineer to perforill a cost
cstiawato to d tnyrline the an70unt of security to be posted as surety for the subdivision.
13. Prior to the sicrinature by the Planning Board of this document,the Applicant agrees to
po:5t sufficient funds to tray for the;Planning Board consulting Engineer to determine a
"tiuwtia for inspections to be perfonned annually by the Planning Board consulting
1:7111feincer for two consecutive;_years to ensure on an annual basis the amount, if any,that
was determinc;il by tho Planning,Hoard Eneineer.
74, Nior to tll.c si':,11�1tt,re by the Planning Board of this dor_.umnnL the Applicant agrees_ if
r.; '22ir"'. LN1 tls,-I11i nninly Board,to 1)nct sufficient filmic far rgagnnahlL atintlley's fees
AUG-14-2001 TUE 09:00 AM FAX NO. 00 P. 05
aF,soci.;ated with the submittal and reviewing of this legal document wnen revie:wcil by-tho
I,o%va's Lo gnl Colinsel,
15. Tho Applicmit and Bonding Company agree that if there is any conflict between this
oor, cent and:tn_y other docurtmews,they may have relating to this agreement,this
docum nt shn!l supersede kind be binding on the applicant and surety company.
16. !t heni.'1 Y'i-neon 1 V vote. is made-,by tlae i)i znnirio Board to seize the fiends being,held by the
A- '-elyr Win'. n»VA l-thin I f�.ay -St r----Vide the NI a to t}Jo�.. � Y'3�� at' > >� r
Town. Unlo s.n the surety shall have on notice from the Town agreed in writing to
Gl7"eopfuiC 0-1c Ulipfovixni-itts iii a ccordi7nce vVith the I)LOV1SlV1LJ lJt})aLagr--u 4 uctalrt,
., ,., �111 1 iOWN-
.'• nnl st rl t r �»rt�h�r�lt nb ifs nlpf�ntrfb��Ylj }1PYP}SI/af)YPPC}»9f`I'Y»t
tl/� 1.\r Yr I1 VA lYVAlll 4 kY SWI/VW•, L..v a�la ar�\�aau vim.• �v •b r-' ,...'.a.'� ••LYE•••• E'
the afor s..4d perforni mce surety bond in the amount specified in this Agreement as security for
th,�;porforta a-ace of th3 construction and insiaiitrtion specif►ed herein.
t'iiis dorvuicni.is cxc(�uted as a sualed instrument.
IN WITNESS WIIER.13.0 we have hereunto set our hands and seats on this state:
Date t
tl.a�tir�cr, ; :oaiYt�t.riii:it by vote of Planning lioar(]
�i;,tn<�t.r��`bf AE5�1ioy me is Autisorizetl Aget)t mate
QI (f �`tq d lr4,G ('0Y -Z�ti IV t Jly.4 CS B L S
4it;as tut rf'�ivte.:r i r`�Ll tliorazccl Ageat Date
�hrel%fin Coc,,pany pr N A13 horir_c d Asp+ent )a--
AUG-14-2001 1'UE 09:00 AM FAX N0, UU P. 06
Dv 6109 M.
(MANNING lbt.9ttRD)COMMONWEAi.T11 OF MASS�ACHUSETTS
p'
1'klcci Y�:r eiaa<illy�iay_vi':ireil tlic�!hove-Y��n��d_ �l(?l l 1 � _ _ , who acknowledged
unda 0,1011 that tho fol",going is the froz act and deed of/the North Andover Planning Board,
Uzi
�'os..{i♦,'ice y':YF: I/
Notary Public ��
My Commission Expirc.S f/ila(—,,�"2`/.P7dC)
(A1'PIACANT) COMMONWEAL,TII OF MASSAC HUSETTS
72000
'tlil:il iit•:u,giiatJ}y (ai)jit;i�Ceil the islivvc-ii�iilt;uN._ w,f'`i��� �r��.ri►5� , who
tt navvy-dg,d urirlo.r wa0-s tiint the forea incy is the free act and deed,before me;
Notary Public
My Comr»issiou ExpireNWHEM. „ q
'P t - •
1.0-VVNE'R) COMMONWEAL-T'it OF MASSACHILISETTS
2000
-Who
;.3i-ki_nwrl>.tigc d u dkr oath tha9 (he tnrc,goir)R is the free act and deed;before me;
Notary:hib:ic
My Conunission Expires:
SUZANNE A&8WROW
NOTARY PUBLIC
Cod hh of n
R-;V.^rr lulan�� t
AUG-14-2001 TUE 09:00 AM FAX NO. 00 P. 07
Bv z i otz 10a
I U
(S-ORVAT COMPANY) COMMONWEALTH OF MASSACHUSETTS
May 18, 2001
V*00()(
the above-riamed Robert Forcer
who
rack-n wledg,cel undcr oath that the i^oregoingis the free act and deed,before me,
Ai A
Notaq Public Marcia G. Howard
My Commission Expirm.March 26. 2002
Bond #
Aggregate Limit $ _
FORM F
PERFORMANCE BOND AGREEMENT
NORTH ANDOVER PLANNING BOARD
AGREEMENT made in consideration of approval of the within subdivision by the Planning
Board and the acceptance of the security bond on this day of September, 2002 by and
between the Town of North Andover, a municipal corporation acting through its Planning Board
and Pulte Home Corporation of New England having a usual place of business at 257 Turnpike
Road, Suite 200, Southborough, MA 01772 hereinafter referred to as the "Applicant" and
"Owner" owner of the land shown on the following plans:
Lots 67A, 68A, 69A, 70A, 71A and 72A as shown on a plan of land entitled
"Plan of Land, Forest View Estates, North Andover, MA, Prepared for Pulte Home
Corp. of New England, 257 Turnpike Road, Southborough, Massachusetts
01772", drawn by Marchionda & Associates, L.P., dated April 14, 2000, Scale
1"=40', Recorded with the Essex North District Registry of Deeds as Plan Number
13761; and
Lots 23, 24, 25, 26, 27, and 28 as shown on a plan of land entitled
"Definitive Subdivision Plans for Forest View Subdivision, Route 114/Salem
Turnpike, North Andover, Massachusetts" prepared for Mesiti Development
Corporation, 11 Old Boston Road, Tewksbury, Massachusetts 01876 by MHF
Design Consultants, Locus Map Scale 1"=600', Tax Map Composite Scale"
1"=200',dated September 22, 1997, revised through 11/3/98, and recorded with the
Essex North District Registry of Deeds as Plan Number 13362 and as affected by
corrective Plan Recorded as Plan Number 13727.
for title to the property see deed from Mesiti-Moore's Fall, LLC to Pulte Home Corporation of
New England dated June 28, 2000 recorded at the Essex North District Registry of Deeds at
Book 5793, page 267, and deed from Moore's Fall Corporation to Mesiti-Moore's Fall, LLC
dated November 6, 1997 recorded at the Essex North District Registry of Deeds at Book 4886,
page 292 and deed from David White to Mesiti-Moore's Fall, LLC dated April 30, 1998 and
recorded in the Essex Registry of Deeds at Book 5039, page 249, agree as follows:
1. The applicant hereby agrees to construct the ways and install the utilities in the foregoing
subdivision in accordance with the following:
i. Application for Approval of Definitive Plan(Form C) dated
ii. All the conditions of approval of the Planning Board in their decision dated April
13, 1998, which are specifically set forth in Exhibit 1 and attached hereto and
made a part thereof, this Performance Bond Agreement; and
iii. All the requirements of the Subdivision Rules and Regulations of the North
Andover Planning Board dated and revised February, 1989 under the authority
provided by Section 81Q of Chapter 41 of the General laws (Te. Ed.) as amended;
except for the waivers which have been granted by the Planning Board as
specifically set forth in Exhibit 2, and attached hereto and made a part thereof,
this development agreement. Any modifications to a previously approved
subdivision plan pursuant to M.G.L. Chapter 41, Section 81 W would necessitate a
separate performance bond agreement to be completed in addition to the
performance bond agreement filled out for the definitive subdivision approval;
and
iv. In accordance with the Subdivision Plans and profiles submitted by the Applicant
and approved by the Planning Board; and
2. The applicant acknowledges that the waivers that are specifically designed in Exhibit 2
are the only waivers that are acknowledged and approved by the Plain-ling Board as of the
date of the approval of the Subdivision Plan; and
3. The Applicant agrees that the subdivision shall conform to all the requirements of the
Subdivision Rules and Regulations except as waived by the Plannning Board in writing if
the development is not consistent with the Subdivision Rules and Regulations, the
waivers granted thereto, and the conditions of Approval, the Applicant agrees to bring the
development into compliance within twenty days of notice from the Plamning Board of
noncompliance; and
4. The applicant agrees to construct the ways and install the utilities within two (2) years
from the date of endorsement of the Subdivision Plan and Profiles, and furthel7nore
agrees that construction shall be completed two years from the date of commencement of
construction, or such further time as may otherwise be mutually agreed upon by both
parties in writing. Failure to complete construction and installation within the time
specified may result in rescission of approval of the plan, or may result in the Planning
Board, by a majority vote, voting to seize and utilize the surety funds to complete the
construction and installation of the ways and utilities. Prior to such seizure of surely
fiends, however, the Planning Board shall provide the surety, on ten days notice, an
opportunity to complete the construction and installation of the bonded improvements
remaining uncompleted. In the event the surety shall determine to complete the
improvements, the parties shall thereupon agree upon a schedule for such completion,
taking into account the nature of the improvements remaining to be completed, the
weather conditions, and such other factors as reasonably impact the schedule.
5. The Applicant agrees to maintain all ways and utilities in the subdivision until the
Planning Board finds that the subdivision is complete, and has received a favorable
recommendation by the Planning Board for acceptance of all streets in the subdivision
and action on a Town Meeting warrant article to accept the street, and the street has been
accepted. Failure to maintain all ways and utilities may result in the Plamning Board, by a
majority vote, voting to seize and utilize the surety funds for maintenance of the ways
and utilities.
6. The Applicant agrees to record this agreement with the Subdivision Plan at the Essex
County Registry of Deeds, and to forward recorded copies of this Agreement to the
Planning Department within thirty(30) calendar days of the Planning Board's
endorsement of approval of the Subdivision Plan. Failure to comply with this provision
will result in automatic rescission of the Subdivision Plan.
7. This agreement shall be and is binding upon the heirs, executors, administrators,
assignees and successors in interest, and upon the grantee or successors in title. The
applicant shall notify any new owners, heirs, executors, administrators, assignees and
successors in interest that this agreement has been executed, and shall provide written
proof of disclosure of this notification to the Planning Department. The Planning board,
however, agrees that in the event the owners of the property and applicant notify the
Planning Board in writing of a transfer of title to the property, transferee shall replace the
existing bond with another bond acceptable to the Planning Board. The existing bond
shall remain in full force and effect until the Planning Board approves the subsequent
bond.
8. The Applicant is the owner(s) of the record of the Premises on said plan.
9. The bond provided to the Planning Board shall not lapse. The Applicant agrees that if the
bond or other security lapses or is no longer valid, all unsold loss shall be considered to
be under covenant and not be conveyed or built upon and the Town shall not issue
buildings permits on such lots in the subdivision; and the Applicant shall forthwith
forward to the Planning Board alternative security acceptable to the Board.
10. The Applicant agrees that no amount of the security will be released to the Applicant
until such time as the Applicant has completed the work in accordance with all decisions
and agreements, petitioned Town Meeting and obtained a favorable recommendation
from the Planning Board for acceptance of all streets in the subdivision and obtained
Town meeting approval for all streets in the subdivision. In no event, however, will any
cash amount of security be released to the applicant and no bond reduction in the bond
amount shall occur without the express consent of the surety, providing the security under
this agreement, which consent will not be unreasonably withheld.
11. Prior to the signature of the Planning Board of this document, the Applicant agrees to
post sufficient funds to pay for the Planning Board consulting Engineer to perform a cost
estimate to determine the amount of security to be posted for the subdivision and will
post the amount as determined by this cost estimate for surety for the subdivision.
12. Prior to the signature of the Planning Board of this document, the Applicant agrees to
post sufficient funds to pay for the Planning Board Consulting Engineer to perform a cost
estimate to determine the amount of security to be posted as surety for the subdivision.
13. Prior to the signature by the Planning Board of this document, the Applicant agrees to
post sufficient funds to pay for the Planning Board consulting Engineer to determine a
cost estimate for inspections to be performed annually by the Planning Board consulting
Engineer for two consecutive years to ensure on an annual basis the amount, if any, that
was determined by the Planning Board Engineer,
14. Prior to the signature by the Planning Board of this document, the Applicant agrees, if
required by the Planning Board, to post sufficient funds for reasonable attorney's fees
associated with the submittal and reviewing of this legal document when reviewed by the
Town's Legal Counsel
15. The Applicant and Bonding Company agree that if there is any conflict between this\
document and any other documents, they may have relating to this agreement, this
document shall supersede and be binding on the applicant and surety company.
16. When a majority vote is made by the Planning Board to seize the funds being held by the
surety company, the surety company, within 21 days, must provide the funds to the
Town. Unless the surety shall have on notice from the Town agreed in writing to
complete the improvements in accordance with the provisions of paragraph 4 herein.
The Town of North Andover, acting by and through its Plarming Board, hereby agrees to accept
the aforesaid performance surety bond in the amount specified in this Agreement as security for
the performance of the construction and installation specified herein.
This document is executed as a sealed instrument.
IN WITNESS WHEREOF we have hereunto set our hands and seals on this date:
Signature of Planning Board Chair or Town Date
Planner, as authorized by vote of Planning Board
Signature of Applicant or its Authorized Agent Date
Social Security No. or Taxpayer LD.
Signature of Owner or its Authorized Agent Date
Signature of Bonding Company or its Authorized Agent Date
(PLANNING BOARD) COMMONWEALTH OF MASSACHUSETTS
Essex, ss. 12002
Then personally appeared the above-named , who acknowledged
under oath that the foregoing is the free act and deed of the North Andover Planning Board,
before me,
Notary Public
My Commission Expires:
(APPLICANT) COMMONWEALTH OF MASSACHUSETTS
Essex, ss. , 2002
Then personally appeared the above-named , who
acknowledged under oath that the foregoing is the free act and deed, before me,
My Commission Expires:
(OWNER) COMMONWEALTH OF MASSACHUSETTS
Essex, ss. , 2002
Then personally appeared the above-named , who
acknowledged under oath that the foregoing is the free act and deed, before me,
Notary Public
My Commission Expires:
(SURETY COMPANY) COMMONWEALTH OF MASSACHUSETTS
Essex, ss. , 2002
Then personally appeared the above-named , who
acknowledged under oath that the foregoing is the free act and deed, before me,
Notary Public
My Commission Expires: