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FORM x BK 5247 PG r
COVENANT #
November 9 19 913
North Andover Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted an application dated
October 13, 1998 ,to the North Planning Board for approval of-a
definitive plan of aaubdivision of fand entitled: Forger Vi-e.. planby:
Mk1F Degj,Y� r`+*��t�•�S:.,I�a1ed: Novenbes 6, 1997prepa'Cedfo+'llesitiDevet�*+mor,_____r_r���
address: 11 Old Boston-Rd, Tewksbury ,land located:Z''" -
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North Andover, 14A- J showing 92 proposed lots.The undersigned has requested the
Planning Board to approve such plan without requiring a performance bond.
IN CONSIDERATION of Said Planning Board of North Andover in the coun"W20%Tt43:38
Essex approving said plan-without requiring A performance bond,the undersigned
hereby covenanlsand agrees with the inhabitants-of the North Andover -_ as
follows:
1. That the undersigned is the owner'in fee-simple absotute.olall the land included in theaubdivl.
sionand that there are no mortgages of record or otherwise onany of the land,except for those
described below,and that the present holders of said mortgages have assented to this contract
prior to its execution by the undersigned.
-If there is nore then one owner,all must sign. "Applicant"may be an owner or-hisagent or
representative,ortlisassigns,but lhenwnermf record must sign the covenant.
2. That the undersigned wilinot7all or convey any lot in theaubdivision or-erect or plaoeany perms.
Tent building on any lot until the construction of ways and installation of municipal services
necessary to adequately serve such lot has been completed in accordance with the covenants.
conditions,agreements,terms"and-orovisions as specified in the following:
a. The Application for Approval of Definitive Plan(Form C).
1
b. The Subdivision Control Law and the Planning Board's Rulesand Regulations governing this
subdivision.
U c. The certificate of approval and the conditions of approval specified therein,issued ny the
Lit flanning:Board,Datetl _April 13, 1998
d. The definitive planAs-approvedand as qu lified by the certificate of approval,
e. Other documenl(s)spacifying construction t)be completed,namely:
However,A mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise
andAny succeeding owner of the mortgaged premises or part(hereof mayselinr convey any lot.
subject only to that portionbf this covenant which proI,.ten that no lot be sold or conveyed or shall
be built upon until ways and services have been provided to-serve such lot. {,
3. That this covenant atoll he:binding upon the executors, administrators,devisees, heirs, Y
successors-and assess of the undersigned andshall constitute a eovenantTunning-with the land
included In the subdivision and shall operate as restrictions upon the lend.
4. That particular lots within the subdivision shall be released from-the foregoing conditions upon "
the recording of a aalRcate n(WHormanoe executed by aynajority of the Planning Board and
enumerating the specific lots to be released;and ; a
5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this a
covenant,of either the entire patccl of land shown on the subdivision plan or of all lots not
previously releastidby the Planning Board. u
FW .sun m.«�.,,,,,�o��a•oo.us eo.,a,nn DEVE%NULMEr&-BRANCH,PA
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20.17 PROFESSIONAL ASSOCIATION `.
_ 12 'ESSEX STREET POST OFFlOEMOX 99 ;
ANDOV",MASSACHUSETTS OIe1D
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' BK 5247 PG 77
~8. That the undersigned aprese-to record tfds covenann with the Issex North County
Registry of Deeds,IcrYtaNllt,or bray the neoessary recording fee to the said Planning Board
in the event the Ptanniliq load ehalf noordift stpresmeni fortllwitft.:Fiefefence to this covenant
ahalf be ameted upon AM NMtMMiuhdvil"plan-aa approved'
7. AAeedzf any part ofttfta atrbavWm In yiolatloa of tnr=veriantshall be voidable by the-grantee
prior to the release of the covenant;but not later than thres(3)years from the date-of such deed.
as provided in Section itdl,}rhapt ir-41,MAL
B. 'That;his covenant shelf be executed before sndonemont-of approval of the definitive plan by the
-Planning Board andmW take effect upon the endorsement ofapprovd.
9. Upon final completion of the conriruction of-ways-and Installation of municipal services as
spectfled herein,on or bdore
theirianning Boaalshaii release this covenant by An appropriate
instrument,duty acknowledged.Failure to compleM motion and installation within the time
V' specified herein or such Iater:dMs as may be specified by-me of the Planning Board with a
written concurrence-of the applicant,shall resulf in automatic rescission3of the approval of the
s plan.Upon performance of this covenant with aspect to any lot,the Planning Board may release
such lot from this covenant i>y In appropriate instrurnsnt duly recorded.
10. Nothing-horsin-shall prohibit the applicant from varying the method of securing the construction
of ways and installation of municipal3etvices from time to time or fmmaecuring by one,or in part
by one and in part bywvftr of the methods described In M.G.L.Chapter-41,Section 81-U.
as long as such security is sufficient in the opinion of the Planning Board to secure;perlormance
of the construction and insialiatiort:and
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M,„a<n�t�11a FW„ura+W PI-9 9M A904.1/114119s 1972
(P---19m 1963.19m,
PA
20.18
For title to the property,aN deed from See Exhiirit A dated
acorded in Regfatry Of.Deeds.Book Page or registered
In Lard Registry as Document No. and noted on-certificate of
'bile no. in RilgligUatlonSook .-Page
The present holder of a mortgage upon the property is of
The-mortgage is-dated November-6, 1916d
recorded in fAsex North Registry of Deads,Book 4886 .Page 29.8._ ,°r'Tegistered
in----------------- andfiepietry ttBoenn7eMiJo------�and-rwod-op4afnifioate
of nor------pin-JIMOW.!-I-..Book--------fie---- ThamorigageeEgrees to hold
the mortgage subject lofia Covenants set forth3above and agrees that the covenants shall have the
samastatus,foraand»tfeet as thoughexecuted atd recorded before the taking of themortgage$nd
further agrees that the mortgage shall be subordinate to the above covenant.
---------—---------------------spense of the+x+dersf9ned appiiasrlt hereby a9raas
that-snefrimerastar+wr,�nar+awirtthrpremhesahNl beerrbjeot{eNro-►roweienaet thibcovonant
and inso}arta-hTec.st ry- a's lla..11 rights-c+iemmc-f-by-the dowtef Of-h9mestead-and-Ather
V1tvm.t.HIerem,
IN WITNESS WHEREOF we have hereunto set our hands and seals this 9th of
November
M"it'r-Moore's Fa11s ]:r.r. _
By:k'
Moggaqr A00 ptance by a Majority Of the Plarmmg 80aW Mf
One acknowledgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
- r r
COMMONWEALTH OF MASSACHUSETTS
—2-SScd( .ss
Then personally appeared before me,the above named R 1 / ICo-CA and acknowledged
the foregoing instrument to be _free act and deed. w
e
Slgnatum o ury P.uowc
My commission expires
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(Ft_o'"t),r9113 1gut
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BIB 5247 PG 79
r COMMONWEALTH OF MASSACHUSETTS
ss November 1998
Then personally appeared the above named and acknowledged
the foregoing to be free act and deed,before me.
-Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
�y November 1998
Then personally appeared the above named and acknowledged
the foregoing to be free act and deed,before me.
n
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
� ss November�, 1998
� Then personally appeared the above.nam and acknowledged
g
the foregoing to be�;�free act and , fore
Publ'
y Commission Expires: �e�
COMMONWEALTH OFMA-SSACHUSE17S
Essex November 10,1998
Then personally appeared the above named Anthony Mesiti,Manager of Mesiti-Moore's Falls,
LLC and acknowledged the foregoing to be his free act and deed and that of I esiti-Moore's
Falls,LLC,before me.
N Publi
y Commission Expires: •2a' 90/
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BK 5247 PG PG A .
Exhibit A '
For Title Reference see:
Quitclaim Deed fromiAoore's Falls Corporation to-Mesiti-Moore's Falls,LLC recorded at the
Essex North District Registry of Deeds recorded at Book 5039,Page 249.
Quitclaim Deed from David White&Wa David B.White to Mesiti-Moores Falls,LLC ;+�
recorded at the Essex North District Registry of Deeds recorded at Book 4886,Page 292.
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i' FORM f
COVENANT
November 9 19 98
North Andover Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted an application dated
October 15, 1998 to the North Andover Planning Board for approval of a
definitive plan of a subdivision of land entitled: Forest View Subdivi Gi plan by:
MHF Design CnnsiE,1 t- ram- htfated: November 6, 1997prepared forMesiti DevelopmPn_r
address: 11 Old Boston Rd, Tewksbur , land located: Salem Turnpike — E - 114
North Andover, MAand showing 92 proposed lots. The undersigned has requested the
Planning Board to approve such plan without requiring a performance bond.
IN CONSIDERATION of said Planning Board of North Andover in the county of
Essex approving said plan without requiring a performance bond, the undersigned
hereby covenants and agrees with the inhabitants of the North Andoy_ex__ as
follows:
1. That the undersigned is the owner' in fee simple absolute of all the land included in the subdivi-
sion and that there are no mortgages of record or otherwise on any of the land, except for those
described below, and that the present holders of said mortgages have assented to this contract
prior to its execution by the undersigned.
If there is nore than one owner, all must sign. "Applicant" may be an owner or his agent or
representative, or his assigns, but the owner of record must sign the covenant.
2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma-
nent building on any lot until the construction of ways and installation of municipal services
necessary to adequately serve such lot has been completed in accordance with the covenants.
conditions, agreements, terms and provisions as specified in the following:
a. The Application for Approval of Definitive Plan (Form C).
b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this
subdivision.
c. The certificate of approval and the conditions of approval specified therein, issued by the
Planning Board, dated April 13, 1998 _ .
d. The definitive plan as approved and as qu Jified by the certificate of approval.
e. Other document(s) specifying construction to be completed, namely:
However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise
and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot,
subject only to that portion of this covenant which prop, ies that no lot be sold or conveyed or shall
be built upon until ways and services have been provided to serve such lot.
3. That this covenant shall be binding upon the executors, administrators, devisees, heirs,
successors and assigns of the undersigned and shall constitute a covenant running with the land
included in the subdivision and shall operate as restrictions upon the land.
4. That particular lots within the subdivision shall be released from the foregoing conditions upon
the recording of a certificate of performance executed by a majority of the Planning Board and
enumerating the specific lots to be released; and
5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this
covenant, of either the entire pacccl of land shown on the subdivision plan or of all lots not
previously released by the Planning Board.
Massachusetts Federation of Planning and Appeals Boards 1972
(Revised 1980. 1983. 19881
20.17
r ,
6. That the undersigned agrees to record this covenant with the Essex North County
Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board
in the event the Planning Board shall record this agreement forthwith. Reference to this covenant
shall be entered upon the definitive subdivision plan as approved.
7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee
prior to the release of the covenant; but not later than three(3)years from the date of such deed,
as provided in Section 81-U, Chapter 41, M.G.L.
8. That this covenant shall be executed before endorsement of approval of the definitive plan by the
Planning Board and shall take effect upon the endorsement of approval.
9. Upon final completion of the construction of ways and installation of municipal services as
specified herein, on or before
the Planning Board shall release this covenant by an appropriate
instrument, duly acknowledged. Failure to complete construction and installation within the time
specified herein or such later date as may be specified by vote of the Planning Board with a
written concurrence of the applicant, shall result in automatic rescission of the approval of the
plan. Upon performance of this covenant with respect to any lot, the Planning Board may release
such lot from this covenant by an appropriate instrument duly recorded.
10. Nothing herein shall prohibit the applicant from varying the method of securing the construction
of ways and installation of municipal services from time to time or from securing by one, or in part
by one and in part by another of the methods described in M.G.L., Chapter 41, Section 81-U.
as long as such security is sufficient in the opinion of the Planning Board to secure performance
of the construction and installation; and
Massacnusells Federation of Planning and Appeals Boards 1972
(Revisea 1980. 1983. 1988)
20.18
F For title to the property, see deed from See Exhibit A , dated
_ recorded in Registry of Deeds, Book , Page , or registered
in Land Registry as Document No. , and noted on certificate of
title no. in Registration Book , Page
The present holder of a mortgage upon the property is of
. The mortgage is dated November 6, 199Ad
recorded in Essex North Registry of Deeds, Book 4886 , Page 298 , -or-registered
-in------------------------Land-Registfp-ss-Bacameflt f�ltr-------,-and-fleted-eR-Ga ficate
of-titfe-no----------in-flagist rat ir Book'--------Patio--------- The mortgagee agrees to hold
the mortgage subject to the covenants set forth above and agrees that the covenants shall have the
same status, force and effect as though executed and recorded before the taking of the mortgage and
further agrees that the mortgage shall be subordinate to the above covenant.
-------------------------------------sprmse-of-the ed-apfAsaat-herab-y-agr eLe s
ti�at-srrcfz-imterestast,-we',-map+rabe-trrti�e-premises-shaff-be-sutrjeet-ta4#e-pr�s+er}s e#-t-h+sseue�r�t
and- eF .4ead-af)-i-e#�er
-interests-therein.
IN WITNESS WHEREOF we have hereunto set our hands and seals this 9th of
November 119 98
Mesiti-Moore's Falls. LL --
O
i
By: Y
Mona age Acceptance by a Majority of the Planning Boarc of
One acknowledgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
COMMONWEALTH OF MASSACHUSETTS
ss 19
Then personally appeared before me,the above named /l&C Qf-c( iowc-n and acknowledged
the foregoing instrument to be /s ._ ,. free act and deed.
Signature of Mtary Public
My commission expires
Massac^usens Feoeralion of Planning and Aopeals Boaias 1972
(Rev,seo 1980. 1983, 19881
20.19
COMMONWEALTH OF MASSACHUSETTS
ss November 1998
Then personally appeared the above named and acknowledged
the foregoing to be free act and deed, before me.
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
ss November , 1998
Then personally appeared the above named and acknowledged
the foregoing to be free act and deed, before me.
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
,�- ✓ � , ss November /0 , 1998
Then personally appeared the above named d^Wa��,Vlgj`�— and acknowledged
the foregoing to be — -- free act and deed, before e.
tar Publ
My Commission Expires:?-, �
COMMONWEALTH OF MASSACHUSETTS
Essex, ss November 10, 1998
Then personally appeared the above named Anthony Mesiti, Manager of Mesiti-Moore's Falls,
LLC and acknowledged the foregoing to be his free act and deed and that of Mesiti-Moore's
Falls, LLC, before me.
eVy
ry PubliCommission Expires:
G:\REAL-EST\MESITI\MOORE'S.ELL\NOTARY2.DOC
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Exhibit A
For Title Reference see:
Quitclaim Deed from Moore's Falls Corporation to Mesiti-Moore's Falls, LLC recorded at the
Essex North District Registry of Deeds recorded at Book 5039, Page 249.
Quitclaim Deed from David White a/k/a David B. White to Mesiti-Moore's Falls, LLC
recorded at the Essex North District Registry of Deeds recorded at Book 4886, Page 292.
G:\REAL-FSnMESITI\MRE-TEWK\EXHIBITA.DOC
I
BIB 5247 PG 81
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
Maddress
Hesiti-Hoore'e Falls, LZC ,(nameofownu)of 11 Dld-Boston Rd.. Teaksbuty„1(� )
County,Massachusetts;for the consideration of $1.00 hereby grants,transfers and delivers-unto the
Town of North Andover,a municipal corporation in Essex County,the following:
A. The perpetual rights and easements to construct,inspect,repair,remove,replace,operate and forever
maintain(1)a sanitary sewer or sewers with any manholes,pipes,conduits and ether appurtenances,
(2)pipes,conduitsand their appurtenances Tor-the ronveyance of water,and(3)a covered surface nd
ground water drain or drains with any manholea,pipes,conduits and their appurtenances,and to d0a11
other acts incidental to the foregoing,including the right to pass along and over the lama for the
P�,�N aforesaid purposes, in, through, and under the whole of Forest View Subd iv Leine dated
�336� Seotambsr 21. 1997,said plan is made and said plan is incorporated-herein for a complete and
de ,I'd
of said roads.
Kxlaibit A
B, Theperpetuilrightsandeasementstousefor Purposes set forth on (desrnbeuse/purpose)
the following parcel of land situated on Rt. 114, Turnpike St. (Street)in said Town of
North Andoverind bounded and describid as follows: NOV 20 T6 P T3;$$
=a As -shown on said flan, being located >:
on the following deerltied land:
being land bounded as follows: northeasterly by Turnpinke Street, easterly
` by land of Schneider, southerly, westerly and-northerly by land of Commonwealth
of Massachusetts (Harold Parker State Forest), all as more fully shown on
the Plan and described in the deeds to Mesiti-Hoore's Falls, LLC vet forth
in Exhibit B.
The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrance,that he(it)
has-good title to transfer the same,and that he will defend the same against claims of all persons.
For grantor's title see deed from See-Exhibit B dated ,19—and
recorded in D'utrictMegistry of Deeds,Doak ,Page ,
or under Certificate of Title No. registered in District of the Land Court,Book
Page
This is not a homeatud property.
To be completed if a mortgage exists:
" And the present holder $'
of a mortgage on e above described land,which mortgage is dated November 6 ,19 97 and recorded
in said Deeds,Book 4886 Page 298 ,for consideration-paid,hereby releases unto the Town forever from
the operation of said mortgages,the rights and easements hereinmbove granted and assents thereto.
Me*.Is
s Letts,"LLC
r
Authoriu gnature of Mortgagee OwMesiti, Manager
IN-WITNFSS WHEREOF we have hereto set our hands and seals this tOth dal of
November L9 98
DEFINE,INMIMT&BRANM A
PROFESSIONAL.ASSOCIATION
12 ESSEX STREET POST-OFFICE BOX 30
ANDOVER,MASSACHUSErTS 01810
TT-.__ .. ---- T
BIB 5247 PG 82
COMMONWEALTH OF MASSACHUSETTS
ss November 1998
Then personally appeared the above named and acknowledged
the foregoing io be h�f free act and deed,before m .
N blic
My Commission pins:-
COMMONWEALTH OF MASSACHUSETTS
Essex,ss November 10,1998
Then-personally appeared the above-namedAnthonyMesiti,Manager of Mesiti-Moore sFalls,
LLC-and acknowledged the foregoing to be-his free act and deed and that of Mesiti-MOOrt's
Falls,LLC,before me.
o Publi
My Commission Expires:2-201-2m/
NOTE: THIS CONVEYANCE IS NOT EFIBCTIVE UNTIL ACCEPTED BY `
TOWN`MEETING
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Exhibit A
SEWER EAMMINM
r
A non exclusive easement in common with all others entitled thereto inchding the perpetual
rights and easements to construct, inspect, repair, remove, replace, operate and forever
maintain a sanitary sewer or sewers with any .manholes, pipes, conduits, and other
appurtenances(and to do all other am incidental-to she foregoing, including the right to-pass
along and over for the aforesaid purposes, in, through and under the whole of all of the
roadways sm shown on the Plan,and all of she access easement areas shown on the Plan)in all
sewer easement areas shown on the plan entitled"Forest View Stibdivision-prepared for Mesid
Development Corporation"prepared by NQiF Design Consultants,Inc. (the"Plan"),including
without limitation-the following:
20 font wide sewer easement on Lots 68,69,81 and 82(sheets 4&5)
20 foot wide sewer easement on Lots 1110,9,8 do 2 and open space B(sheets 5,8&9)
20 foe-wide sewer easement over Lots 5$,59,89&90(sheets 5,9&10)
Meaning and intending hereby to convey such perpetual easement rights for all sewer purposes
in and to all arena marked on the Plan as"Sewer Easement"whether or not enumerated herein.
�u
NO CUT BLUR FASEhiM
A non exclusive easement-in common with-all others entitled thereto to enforce a 40 foot m
cut buffer in all 40 foot no cut buffer areas shown on the plan entitled "Forest View
Subdivision prepared for Mesiti Development Corporation" prepared by MHF Design
Consultants,Inc.(the"Plan"),including without.limitation the following:
Lots 47,48,49,50,51,56 and 92 and open space E(sheets 9&10)
Meaning and intending hereby to convey such perpetual easement rights to enforces 40 foot no
cut buffer in and to all areas marked on the Plan as "40 no cut buffer's whether or not
enumerated-herein.
a
A non exclusive easement in common with all others entitled thereto including the perpetual
rights and easements to construct, inspect, repair, remove, replace, operate and forover
maintain surface and groundwater drain or drains with any tt>anholea, pipes, conduits, and
their appurtenances,(and to do all other acts incidental to the foregoing, including the right to
pass along and overfor the aforesaid purposes,in, through and tinder the whole of all of.the
roadways as shown on the Plan and all of the access easement areas shown on the Plan),in all
drainage easement areas shown on theplan-entitled "Forest View Subdivision prepared for
:r'.:
BK 5247 PG B
y
iti Development Corporation" prepared b MHF Design Consultants, Inc. (the "Plan"),
M�
including-without limitation the-following:
The.drainage channel shown on open space parcel A, including the entire wetland resource
area confgiaed on said Dpen.apace parcel A(sheets 4&5)
Drainage mid access casement(including Detention Basin Number 5)over open space parcel A
including the entire wetland resource area contained no said open space parcel A(sheets 4 and
5) �'
Drainage casement (including Detention Basin Number 4) on Lot 21, including the entire
wetland resource area located on said Lot 21(sheet 4)
20 foot wide drainage casement Dvsr lots 15,and drainage easement(including Detention-Basin p
Numbers 1,2&9)over ripen apace parcel B including the entire-wetland resource area located
on said open space parcel B(sheets 4,8&9)
20 foot wide drainage easement on lot 9(sheet 5)
20 foot drainage easement over lots 59,60,S8 and 89(sheets 5&9)
20 foot drainage.easement over lots 39, 40 and open space.Parcel C, including the Entire
wetland resource am located on said Lots 39 and 40 and said open space parcel C(sheet 6)
20 foot-vide drainage easement over open space parcel F,lots 88,89,19&60(sheet 5&9)
Drainage Easement on lots t5,tot 14,.1ot 13,lot 12,lot 11,lot 10,lot 9,lot 8 and lot 2(sheets
4,5,-8&9)
Drainage easement(including Detention Basin Number 6)over open space parcel D including
the entire wetland resource area located on said open space parcel D(sheets 10&11)
Meaning and intending hereby to convey such perpetual easement rights for all drainage
purposes In and to all areas marked on the plan as "Drainage Easemet" whether or not
enumerated herein.
ACCESS RASEMENTS
A non exclusive easement for public access in common with all others entitled thereto
including the perpetual rights and easements to construct, inspect, repair, remove, replace,
operate and forever maintain means of pedestrian access (including without limitation
pedestrian trails) in all of the Access Easement Arm shown on the Plan, including without
limitation the following: `
Open Spaces A,B,C,D,E and F
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BIB 5247 PG 85
20 foot access easement on lot 30(sheet 5)
20 foot access easement on lot 38(sheet 6)
Access easement over lot 42(sheet 6)
20 foot access easement over lot-46(sheets 10&11)
Access easement over open space parcel A(sheets 4&S)
Access easement over open space parcel D(sheets 10&11)
Meaning and intending hereby to convey such perpetual easement sights for access in,and to all
areas marked on the Plan as"Access Easement"whether or-not enumerated herein.
r Notwithstanding any other provision of the foregoing, the gown of North'Andover,
including its tw&yeq,toots aetot s,licensees and deaiptees(btd strpawal7 excluding the
- general pu)lic)shill have the right(h1 common-with all ethers-entkkd dwreto including
those to whoa Grantor in the Future may Vmnt-such motor vehicle and eguipnentvaage
an
rights)to emrciee its roe-exciwlve secen Tights over the roregoiny areal by means or
motor vehicles and otbsr r*dpment, for purposes of utilizing any of the other easement
rightsAeseribed on this$xhibita.
F A C17:MF.iVT RIGM IN S MET&
A non exclusive easement in common with all others entitled thereto in and to all of the
roadways as shown on the Plan for all purposes for which streets are used in the Town of
North Andover(including the installation of utilities),namely:
Amberville Road
Anville Circle
Garnet Circle
Palomino Drive
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8K 5247 PG $6 f
Exhibit B
� r y
For Title Reference sec:
Quitclaim Deed from Moore's Falls Corporation to Mesiti-Moore's Falls,LLC recorded at the
Essex North District Registry of Deeds recorded at Book 5039,Page 249.
Quitclaim Deed from David White a/k/a David B.White to Mesiti-Moore's Falls,LLC
recorded at the Essex North District Registry of Deeds recorded at Book 4896,Page 292.
F.
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FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
Mesiti—Moore's Falls, LLC ,(nameof owner)of 11 Old Boston Rd. , Tewksbury„ address)
County, Massachusetts; for the consideration of $1.00 , hereby grants, transfers and delivers unto the
Town of North Andover, a municipal corporation in Essex County, the following:
A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever
maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances,
(2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered surface and
ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all
other acts incidental to the foregoing, including the right to pass along and over the land for the
aforesaid purposes, in, through, and under the whole of Forest View Sub division dated
September 21, 1997, said plan is made and said plan is incorporated herein for a complete and
detailed description of said roads.
purposes set forth on Exhibit
use/purpose)
B. The perpetual rights and easements to use for Pur P
the following parcel of land situated on Rt. 114, Turnpike St. (Street) in said Town of
North Andover and bounded and described as follows:
As shown on said Plan, being located on the following described land:
being land bounded as follows: northeasterly by Turnpinke Street, easterly
by land of Schneider, southerly, westerly and northerly by land of Commonwealth
of Massachusetts (Harold Parker State Forest) , all as more fully shown on
the Plan and described in the deeds to Mesiti-Moore's Falls, LLC set forth
in Exhibit B.
The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it)
has good title to transfer the same, and that lie will defend the same against claims of all persons.
For grantor's title see deed from See Exhibit B dated 19 _, and
recorded in District Registry of Deeds, Book Page
or under Certificate of Title No. registered in District of the Land Court,Book
, Page
This is not a homestead property.
To be completed if a mortgage exists:
And Ap,1 the present holder
of a mortgage on te a ove described land, which mortgage is dated November 6 , 19 97 and recorded
in said Deeds, Book 4886 ,Page 298 , for consideration paid, hereby releases unto the Town forever from
the operation of said mortgages, the rights and easements herein above granted and assents thereto.
Mesiti—Moore's Falls, LLC
Authorized ignature of Mortgagee Owner A o Mesiti, Manager
IN WITNESS WHEREOF we have hereto set our hands and seals this loth day of
November 119 98
COMMONWEALTH OF MASSACHUSETTS
f , ss November , 1998
Then personally appeared the above named 101IJ41, and acknowledged
the foregoing to be U free act and deed, before m0f.
N ry Public
My Commission Vxpires:
COMMONWEALTH OF MASSACHUSETTS
Essex, ss November 10, 1998
Then personally appeared the above named Anthony Mesiti, Manager of Mesiti-Moore's Falls,
LLC and acknowledged the foregoing to be his free act and deed and that of Mesiti-Moore's
Falls, LLC, before me.
o y Public
My Commission Expires:
NOTE: THIS CONVEYANCE IS NOT EFFECTIVE UNTIL ACCEPTED BY
TOWN MEETING
G:\REAL-EST\M ES ITI\MOORE'S.FLL\NOTARY.DOC
Exhibit A
SEWER EASEMENTS
A non exclusive easement in common with all others entitled thereto including the perpetual
rights and easements to construct, inspect, repair, remove, replace, operate and forever
maintain a sanitary sewer or sewers with any manholes, pipes, conduits, and other
appurtenances (and to do all other acts incidental to the foregoing, including the right to pass
along and over for the aforesaid purposes, in, through and under the whole of all of the
roadways as shown on the Plan, and all of the access easement areas shown on the Plan) in all
sewer easement areas shown on the plan entitled "Forest View Subdivision prepared for Mesiti
Development Corporation" prepared by MHF Design Consultants, Inc. (the "Plan"), including
without limitation the following:
20 foot wide sewer easement on Lots 68, 69, 81 and 82 (sheets 4 &5)
20 foot wide sewer easement on Lots 11,10, 9, 8 & 2 and open space B (sheets 5, 8 & 9)
20 foot wide sewer easement over Lots 58, 59, 89 & 90 (sheets 5, 9 & 10)
Meaning and intending hereby to convey such perpetual easement rights for all sewer purposes
in and to all areas marked on the Plan as "Sewer Easement" whether or not enumerated herein.
NO CUT BUFFER EASEMENT
A non exclusive easement in common with all others entitled thereto to enforce a 40 foot no
cut buffer in all 40 foot no cut buffer areas shown on the plan entitled "Forest View
Subdivision prepared for Mesiti Development Corporation" prepared by MHF Design
Consultants, Inc. (the "Plan"), including without limitation the following:
Lots 47, 48, 49, 50, 51, 56 and 92 and open space E (sheets 9 & 10)
Meaning and intending hereby to convey such perpetual easement rights to enforce a 40 foot no
cut buffer in and to all areas marked on the Plan as "40 no cut buffer" whether or not
enumerated herein.
DRAINAGE EASEMENTS:
A non exclusive easement in common with all others entitled thereto including the perpetual
rights and easements to construct, inspect, repair, remove, replace, operate and forever
maintain surface and groundwater drain or drains with any manholes, pipes, conduits, and
their appurtenances, (and to do all other acts incidental to the foregoing, including the right to
pass along and over for the aforesaid purposes, in, through and under the whole of all of the
roadways as shown on the Plan and all of the access easement areas shown on the Plan), in all
drainage easement areas shown on the plan entitled "Forest View Subdivision prepared for
Mesiti Development Corporation" prepared by MHF Design Consultants, Inc. (the "Plan"),
including without limitation the following:
The drainage channel shown on open space parcel A, including the entire wetland resource
area contained on said open space parcel A (sheets 4 & 5)
Drainage and access easement (including Detention Basin Number 5) over open space parcel A
including the entire wetland resource area contained on said open space parcel A (sheets 4 and
5)
Drainage easement (including Detention Basin Number 4) on Lot 21, including the entire
wetland resource area located on said Lot 21 (sheet 4)
20 foot wide drainage easement over lots 15, and drainage easement (including Detention Basin
Numbers 1, 2 & 3) over open space parcel B including the entire wetland resource area located
on said open space parcel B (sheets 4, 8 & 9)
20 foot wide drainage easement on lot 9 (sheet 5)
20 foot drainage easement over lots 59, 60, 88 and 89 (sheets 5 & 9)
20 foot drainage easement over lots 39, 40 and open space parcel C, including the entire
wetland resource areas located on said Lots 39 and 40 and said open space parcel C (sheet 6)
20 foot wide drainage easement over open space parcel F, lots 88, 89, 59 & 60 (sheet 5 & 9)
Drainage Easement on lots 15, lot 14, lot 13, lot 12, lot 11, lot 10, lot 9, lot 8 and lot 2 (sheets
4, 5, 8 & 9)
Drainage easement (including Detention Basin Number 6) over open space parcel D including
the entire wetland resource area located on said open space parcel D (sheets 10 & 11)
Meaning and intending hereby to convey such perpetual easement rights for all drainage
purposes in and to all areas marked on the Plan as "Drainage Easement" whether or not
enumerated herein.
ACCESS EASEMENTS
A non exclusive easement for public access in common with all others entitled thereto
including the perpetual rights and easements to construct, inspect, repair, remove, replace,
operate and forever maintain means of pedestrian access (including without limitation
pedestrian trails) in all of the Access Easement Areas shown on the Plan, including without
limitation the following:
Open Spaces A, B, C, D, E and F
20 foot access easement on lot 30 (sheet 5)
20 foot access easement on lot 38 (sheet 6)
Access easement over lot 42 (sheet 6)
20 foot access easement over lot 46 (sheets 10 & 11)
Access easement over open space parcel A (sheets 4 & 5)
Access easement over open space parcel D (sheets 10 & It)
Meaning and intending hereby to convey such perpetual easement rights for access in and to all
areas marked on the Plan as "Access Easement" whether or not enumerated herein.
Notwithstanding any other provision of the foregoing, the Town of North Andover,
including its employees, contractors, licensees and designees (but expressly excluding the
general public) shall have the right (in common with all others entitled thereto including
those to whom Grantor in the future may grant such motor vehicle and equipment usage
rights) to, exercise its non-exclusive access rights over the foregoing areas by means of
motor vehicles and other equipment, for purposes of utilizing any of the other easement
rights described on this Exhibit A.
EASEMENT RIGHTS IN STREETS
A non exclusive easement in common with all others entitled thereto in and to all of the
roadways as shown on the Plan for all purposes for which streets are used in the Town of
North Andover (including the installation of utilities), namely:
Amberville Road
Anville Circle
Garnet Circle
Palomino Drive
G:\RWL\KEEP\FRSTVW.EAS
Exhibit B.
For Title Reference see:
Quitclaim Deed from Moore's Falls Corporation to Mesiti-Moore's Falls, LLC recorded at the
Essex North District Registry of Deeds recorded at Book 5039, Page 249.
Quitclaim Deed from David White a/k/a David B. White to Mesiti-Moore's Falls, LLC
recorded at the Essex North District Registry of Deeds recorded at Book 4886, Page 292.
G AREAL-ESTWES ITINRE-TEWMEXHIBITB.DOC
r
(Open Space Parcel Q
Forest View Subdivision,
No. Andover, MA
QUITCLAIM DEED
Mesiti-Moore's Falls, LLC, a Massachusetts limited liability company with a place of
business in Tewksbury, Middlesex Massachusetts, for consideration of less than One
Hundred ($100.00) Dollars paid,
does hereby GRANT to the Town of North Andover, in the care and custody of the
Conservation Commission of North Andover with a mailing address of North Andover
Town Hall, 120 Main Street, North Andover, MA 01845
the following land in North Andover, Essex County, Massachusetts:
A certain parcel of land situated on the southwesterly side of Turnpike Street
(Rt. 114) in North Andover; being the lot designated as "Open Space Parcel C" on a
plan of land entitled "Definitive Subdivision Plan, Forest View Estates, Salem
Turnpike -- Rt. 114, North Andover, MA 01845 prepared for Mesiti Development
Corporation" by MHF Design Consultants, Inc. dated October 6, 1997 and recorded
with the North District Registry of Deeds prior hereto as Plan Number
Said Open Space Parcel C contains according to said plan 24.630 acres, and is
labeled thereon as "NOT FOR BUILDING PURPOSES", and reference may be had to
said Plan for a more particular description of said Open Space Parcel C.
This conveyance is made subject to, and the Grantor hereby expressly reserves
for Grantor (and Grantor's assignees as Grantor may in the future designate), all of the
easements as shown on said Plan, whether for access easements, sewer easements,
drainage easements, or otherwise as shown on said Plan. This conveyance is also
subject to the "no-cut" and "no-disturbance" restrictions as shown on said Plan.
For title reference see:
Quitclaim Deed from Moore's Falls Corporation to Mesiti-Moore's Falls, LLC
recorded at the Essex North District Registry of Deeds recorded at Book 5039, Page
249.
Quitclaim Deed from David White a/k/a David B. White to Mesiti-Moore's
Falls, LLC recorded at the Essex North District Registry of Deeds recorded at Book
4886, Page 292.
Signed as a sealed instrument this da
g � Y of November, 1998.
Mesiti-Moore's Falls, LLC
By:
Anthony M siti, Manager
hereunto duly authorized
COMMONWEALTH OF MASSACHUSETTS
ss. November, 1998
Then personally appeared the above-named Anthony Mesiti, duly authorized
officer as aforesaid of Mesiti-Moore's Falls, LLC, acknowledged the foregoing
instrument to be his free act and deed and the free act deed of Mesiti-Moore's Falls,
LLC acting as Manager, before me,
N Public
My Commission Expires: rld%'.ZOo/
G:\REAL-EST\MESITI\MRE-TEWK\DEED.DOC
(Open Space Parcels A,
B, D, E &F)
Forest View Subdivision,
No. Andover, MA
QUITCLAIM DEED
Mesiti-Moore's Falls, LLC, a Massachusetts limited liability company with a place of
business in Tewksbury, Middlesex Massachusetts, for consideration of less than One
Hundred ($100.00) Dollars paid,
does hereby GRANT to Forest View Homeowner's Association with a mailing address
of
the following land in North Andover, Essex County, Massachusetts:
Certain parcels of land situated on the southwesterly side of Turnpike Street (Rt.
114) in North Andover, being the lots designated as "Open Space Parcels A, B, D, E &
F" on a plan of land entitled "Definitive Subdivision Plan, Forest View Estates, Salem
Turnpike -- Rt. 114, North Andover, MA 01845 prepared for Mesiti Development
Corporation" by MHF Design Consultants, Inc. dated October 6, 1997 and recorded
with the North District Registry of Deeds.
Said Open Space Parcels A, B, D, E & F is labeled thereon as "NOT FOR
BUILDING PURPOSES", and reference may be had to said Plan for a more particular
description of said Open Space Parcels A, B, D, E & F.
This conveyance is made subject to, and the Grantor hereby expressly reserves
for Grantor (and Grantor's assignees as Grantor may in the future designate), all of the
easements as shown on said Plan, whether for access easements, sewer easements,
drainage easements, or otherwise as shown on said Plan. This conveyance is also
subject to the "no-cut" and "no-disturbance" restrictions as shown on said Plan.
For title reference see:
Quitclaim Deed from Moore's Falls Corporation to Mesiti-Moore's Falls, LLC
recorded at the Essex North District Registry of Deeds recorded at Book 5039, Page
249.
Quitclaim Deed from David White a/k/a David B. White to Mesiti-Moore's
Falls, LLC recorded at the Essex North District Registry of Deeds recorded at Book
4886, Page 292.
I
Signed as a sealed instrument this day of November, 1998.
Mesiti-Moore's Falls, LLC
By: _
Anthony Mes ti, Manager
hereunto duly authorized
COMMONWEALTH OF MASSACHUSETTS
ss. November, 1998
Then personally appeared the above-named Anthony Mesiti, duly authorized
officer as aforesaid of Mesiti-Moore's Falls, LLC, acknowledged the foregoing
instrument to be his free act and deed and the free act and deed of Mesiti-Moore's Falls,
LLC acting as Manager, before me, 4at��'
N ary ublic
My Commission Expires:
G:\REAL-EST\MESITI\MRE-TE W K\DEED2.DOC
r . BK 5247 PG 72
Town of north AnMotrar Ptamdng Board.
This kum r pra•ents the schedule for eltowing the RA&.v rg lot•to be considered as Ogible-for
bulldknp pwm b under-the Town of North Andover Growth ManaWwd byaaw Section 8.7 of
the ZoNrg hy4aw,Pwa mt-b 8.7E Ws Deveaopment Schedule must be filed In theRegletry of
Deeds end be relersoced on the dead of each of fha btstelow and be filed wish the Planning
Road pforto the Is•uenos of any buildirg.pennit or permit for corsbtrctbn.
I O 'Name and Address of AWWAnt for Lotal Name of Development:Forest View
Richard PaIkkier
mom Devlopnem Corp.
11 Old Boston Road
Towimbury,MA 01878
Map and Parcel of Original Lot -Map1061)Lots 8,37,d 57,Map 108C 1-048,
Map 107E Lot 77
r ab of Iicatbnlor L • DNMion: Odob•r 16,1687
Jsc LDot:Coved by this ScMduto: l.ob 1 ftlgh 62 Lot 31 le a
P The Planning Bond by their Ngnaturebelow,or a signature of a duty authorized repeear"ive,
6 do hereby establish for fhe above nar ed devtopmont the f04MArg Development Schedule for
the purpose of Seddon 8.7 of to Growth nwsgenent By4Aw.The applicant,their ss&Vneee,
stmessom and or subsequent property owners"oonform to the following as edule that limits
the sllgibilky Of the lofbwtt lob for buriding'permke. NOV 20 W PQ:38
This forth must be filed In the Rspbt y of Deeds by the property owner or repwontative and'be
retaralced on each deed for each of the falowtng hob. Such deed reference for the dead of
each lot shall at a minimum reference the book and page In which"Development Sdedde Is
'flied and oonbin the tagnego:'WA lot is suylect to a DevNapnenf Sohedrti:pursuant to Me
Town of North AndDvwZcrnkv By I.aw*V ownaa,npasakaMms,and Ag"wdaesm 010W
evaN dwmsshw of said restrk don by rev* tp He eppmved Devskion snt Sdedtis as Mod In
Book and Pape The hot that a lot Is eipble 1br a&Oft pemsll le art)ed to ee
Ikroi'stion of fhe rxntber olbuidnp permits per year pursuant to s:ctlan a 7.Zd of Ow Zonkg By-
law.'
'The Planning Board hereby schadules the M(s)for the above dewebpmerk on the atbded
Chat.
64gr nxe of Plannirg'B�oad`me�mber or Authorized Representative
d�a�nL4 v,�'' �9 to sc�ll.tClQ
Date
Signature of Property RepreserAative
SL
Anthony M ti Manager Date
Mesiti-Moose's Falls, LLC
DEFINE,1VfIIIBMT&BRANCH,PA
PROFESSIONAL A6SOCIATION
I2 E96EX9TREET POST OFFICE 9OX39
ANDOVER,MASSACNUSET7801910
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Irv,
r",
M.
k
�til
BK 5247 PG 73
MS
COMMONWEALTH OF MASSACHUSETTS
ss, November,,1998
Then personally appeared the above--named Anthony Mesiti,duly authorized officer as
aforesaid of Mesiti-Moore's Falls,I.LC,acknowledged the foregoing instrument to be his-free
act and deed and the free act and need of Mesiti-Moore's Falls,LLC acting as Manager,before
n me,
A
No lic
My Commission Expires:?
n
TT -j--
z
9,7-Growwtk Maaaemeat Bylaw
0 12.3%x 91 lots-11.4 butilding_pamits per Year
• near-July 1 toJuly 1
Permit3are given outran aquarterly:basis i.e.'/4 eligible lots would be available in July,
October,January, and April
Date Eilglbk Eligiblepermlts Total permits
r ear 11.4 eligible
April 9B 11 13
Jn '98 3 14
Oct.98 3 17
Jan.99 3 20
April.99 3 23 12 per y=r)
3u 99 2 25
Oct.99 3 28
Jan,00 3 31
April00 3 34 11 per year)
July 00 3 37
Oct.00 3 40
Jan.01 3 43
April01 3 46 12 per year)
Ja 01 2 48
Oct.01 3 51
Jan.02 3 54
April02 3 57 17 jw year)
July 02 3 60
Oct.02 3 63
Jan.03 3 66
April03 3 69 12 per year)
July 03 2 71
Oct.03 3 74
Jan.04 3 77
April04 3 80 11 per year)
Ja 04 2 82
Oct,04 3 85
Tan OS 3 88
April05 3 91 11 ear
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BK 5247 PG 75
Exhibit A
., A certain parcel of land mmprising the Forest View Subdivision situated on the
southwesterly side of Turnpike Stint(Rt. 114)in North Andover,being all of the land shown
and described nn a plan of land entitled "Definitive Subdivision Plan, Forest View Estates,
.. Salem Turnpike-- Rt. 114,North Andover, MA 91843 prepared for Meeid Development
T; Corporation"by URF Design Consultants,Inc.dated October 6, 1997 and recorded with the
North District Registry of Deeds prior hereto as Plan Number/3.3/� .
For Title Reference.see:
Quitclaim Deed from Moore's Falls Corporation to Mesiu--Moore's Falls,L1JC recorded it the
Essex North District Registry of Deeds recorded at Book3039,Page 249.
Quitclaim Deed from-David White aa David B.White to Mesiti-Moores Falls,LLC
/k/
Page 292.
recorded at the Essex North District Registry of Deeds recorded at Book 4886,
n
G:W rW.F3T.YQfiTNR4T8MK1El[NI!W.DOC