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Home My WebLink AboutCOVENANT COVENANT October / , 1995 North Andover, Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated June 7, 1985, as subsequently modified by an application dated October 30, 1987 and as affected by Agreement For Judgment dated December 13, 1989 and filed with the Land Court on December 28, 1989 in Misc. Nos. 127-76 and 128-570, to the North Andover Planning Board for approval of a definitive plan of a subdivision of land entitled "Abbott Village Estates North Andover, Massachusetts", by Hayes Engineering, Inc., dated October October 23, 1987 as revised through August 11, 1995, showing land located off of Salem and Abbott Streets, North Andover, Massachusetts, and showing forty-four (44) proposed lots; said plan being recorded herewith. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the Town Of North Andover as follows: 1. That the undersigned is the owner in fee simple absolute of all the land included in the subdivision 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. 2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any permanent 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). c.o 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 c by the Planning Board, dated June 13, 1988, as modified by the Agreement for Judgment referred to below. d. The definitive plan as approved and as qualified by the certificate of approval and the Agreement for Judgment referred to below. e. Other document(s) specifying construction to be completed, namely: Agreement for Judgment, Massachusetts Land Court, Misc. Case Nos. 127-276 and 129-570. Nor �k ArJeit t r Land Cur P RnCtvtr Nn Ul6l5 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 provides 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 parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. 6. That the undersigned agrees to record this covenant with the Essex County North District 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 GC_ o�Y' k-4--� 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 a 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 For title to the property, see deed from Benjamin C. Osgood, Jr., dated April 28, 1995, recorded in Essex County North District Registry of Deeds, Book 4248, Page 164. The present holders of the mortgage upon the property are Aurele Cormier, Alvin J. Maillet and Paul St. Hilaire, as tenants-in-common. The mortgage is dated April 28, 1995, and recorded in Essex County North District Registry of Deeds, Book 4248, Page 161. The mortgagees agree to hold the mortgage subject to the covenants set forth above and agree that the covenants shall have the same status, force and effect as though executed and recorded before the taking of the mortgage and further agree that the mortgage shall be subordinate to the above covenant. IN WITNESS WHEREOF, we have hereunto set our hands and seals this j7 of October, 1995. North An r La d Corp ion: M Au ele Cormier, President r ; By: Alvirn J. Maill , Treasurer Mortg s: ,� Aurele Cormier Acceptance by a Majority of the North Andover Planning Board Alvin J. aillet , /. �� Paul� St. Hilaire COMMONWEALTH OF MASSACHUSETTS Essex, ss. u r ��-,L� 19 Then personally appeared before me the above named Aurele Cormier and acknowledged the foregoing instrument to be his free act and deed, and that of North Andover and Corporation, before me, otary Public �® My commission expires }' C:s� r 4�� COMMONWEALTH OF MASSACHUSETTS Essex, ss. /� �r , 19 Then personally appeared before me the above named Alvin J. Maillet and acknowled ed the foregoing instrument to be his free act and deed, and that of North Andover Land Corporation, before me Notary Public / My commission expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. 0 ' 19 Then personally appeared before me the above named Aurele Cormier and acknowledged the foregoing instrument to be his free act and deed, before me, U G otary Public My commission expires �j �f — %L'� COMMONWEALTH OF MASSACHUSETTS ✓� (� Essex, ss. Gam' / , 19L5 Then personally appeared before me the above named Alvin J. Maillet and acknowledged the foregoing instrument to be his free act and deed, before me, Notary Public My commission expires: G COMMONWEALTH OF MASSACHUSETTS /—, Y Essex, ss. 0'e' 1;7 ' 1916 Then personally appeared before me the above named Paul St. Hilaire and acknowledged the foregoing instrument to be his free act and deed, before me, 4 Lj Notary Public My commission expires: 2 1�/ -20CI d s-i COMMONWEALTH OF MASSACHUSETTS Essex, ss. , 19� Then personally appeared before me the above named members or representative of the North Andover Planning. Board and acknowledged the foregoing instrument to be their free act and deed, and that of the North Andover Planning Board, before me, &e6�'r otary Public � J� My commission expires�l�C JASPEI CHERW ORTHANDTOV ENANT. t