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Home My WebLink AboutFORM I COVENANT 0tJI�J FORM Ii,w) COVENANT 1 May 8 1985 North Andover , Massachusetts KNO14 ALL MEN by these presents that the undersigned has submitted an appl i cati on dated January 9, 1985 to the North Andover Pl anni ng Board for approval of a Definitive Plan of a subdivision of land entitled : Definitive Subdivision Plan of Land of Camoion Hall p 1 a n by ;C�Vr T,ngd nPPri p_c_ Services, Inc. dated : November 16, 1984*fin d ov,,ned y : G.P.V. , Inc. , address 15 Old Ferry Road, Methuen, MA , l a n d located : Norfb Andover Essex County, MA and s h o ter i n g 21 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 Derformance bond , the undersigned hereby covenants and agrees with the inhabitants of the town 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 contact prior to its execution by the undersigned . * If there is rn, re than one owner ., all must sign . "App1icant " may Ili be an owner or his agent or representative , or his assigns , but the owner c record must sign the covenant . 2 . That the undersigned will not sell or convey any lot in the subdi - vision or erect or place any permanent building on any lot until services municipal ati on of the construction of ways and install . necessary to adequately serve such lot has been completed in accor- dance wtith the covenants , ' conditions ;. agreements , terns aiid prcvis ions as specified in the following : a . The Application for Approroval 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 spe - cified therein , issued by the Planning Board , dated March 26, 1g8_5 d . The Definitive Plan as approved and as qua.l i fi ed by the Ce rti - ficate of Approval . e . Other do ; iment ( s ) specifying construction to be completed , namely , **Plan revised on 4/12/85 and acxain on 5/13/85 ( Page 1 of 3 ) �- i i �I �, . � Po�,,ever , 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 , adminis - trators , devisors , heirs , successors and assians of the undersioned and shall constitute a covenant runninq �-J th the land inclined in the subdivision and shall operate as restrictions upon the land . 4 . That particular lots within the subdivision shall be released from the foregoinn conditions Upon the recording of a certificate of performance executed by a majority of the Planning Board and enum- erating the snecific lots to be released . 5 . That nothinq he -2in 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 aqrees to record this covenant with the North Essex County Registry of heeds , forthwith , or to pay the necessary recording fees 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 or any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the cov- enant ; but nog later than three ( 3 ) years from the date of such deed , as provia :,d " n Section 81 -U , Chapter 41 , H . G . L . 3 . That this covenant shall be executed before endorsement of approval of the definiti e plan by the Planning Board and shall take effect upon the endors,-�ment of approval . 9 . Upon final comp' etion of the construction of ways and installation of municipal services as specified herein , on or before September 15, 1987* ' tie Planning Board shall release this covenant by an appropriate instrument , duly acknowledged . Failure to complete con - _ struction 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 . kothina herein shall prohibit the applicant from varying the method of securinO the construction of ways and installation of municipal services from time to time or from securin (1 by one , or in part by one and in part by another of the methods described in t? . G . L . , Chapter 41., Section R1 - U , as long as such security is srifficient in the opinion of the Planning Board to secure performance of the con - struction and ; nstallation . * SEE ADDENDUM SHEET ATTACHED ( 11 e 2 c 3 ) / -�� *�� / *�"� | For title t0 the property , See deed from Jbbn W. Wcrlick , | � dated recorded in Registry f Deeds , , Page � Land Registry as Document H0 . and noted on certificate of title | NO . ---- , in Registration Bn0T ---- ` Page ---- . | -------' -------- --------- The nrpsent holder of a mortgage upon the property is Vanguard Savings Bank of Holyoke, MA The mortgage is dated May 17, 1984 and recorded in Registry of Deeds , Book I810 , Page 146 or registered I n Land Registry as Document No . and noted on CertTficote Of title MO . , in Registration Book , Page . The mortgagee agrees to hold the mortgage subject t0 the covenants set forti above and agrees that the covenants shall have the same status , force and effect as though executed and recorded before the taking of the nJrtgage and further agrees that the mortgage shall | be Subordinate to the above covenant . . spouse Of the Undersigned applicant hereby agrees that st as I , we may have in the premises shall be subject to the provisions of this CnVeDaDt and < OS0fdr as is necess - ary releases all rights of tenancy by the dower or homestead and other interests therein . IN WITNESS '4HEREOF we have hereunto set OUr hands and seals this 0f , Tg . G.P.l7. , Inc. - Charles Garebedian, Pzes. — ' Michael Pandalina, Treas._ Acceptance by a Majority of ' � / i ( Page 3 of 3 \ � � '^ A A D D E N D U M Corust.uct i.on Schedute and Exhibits Con,6t r.ucti,on ob th.i.s deveeopment wilt begin, weather peA.m tti.noy on on about the 16th day o6 Apta, 1985. The project w tt be devetoped in conatn.uction phaza to in,6ure the h,igheat .satiety standards, comptete enviunmentat contcot and to prevent deve eopment over exposuned and oven runs. The initi.at activity on the site wilt be ass bottom, and .6houtd be com- pXeted within (30) thiAty day,5 brom the time o6 beginning. PHASE I- A- Eztabt zh zed%mentation and eAosion contnots as bhown on 6inaf- sub- divi,sion ptans and as Sun then exbounded within tW addendum B- Eztab.2.ush a .6 to t ai2eA on geneAa constAucti.on o66ice with a to eephone and otheA requi&ed utilities. C- Excavate top and zub-zoib in Roadway ahea and e�stabtish 6tock pile area and nece6zary eAosion controZ methods D- Remove those tAees and vegetation in the roadway and uti tity ease- ment aheas. Phaze I shoutd be conceuded on or about May 28, 1985. PHASE IT- A- Stabiti.ze excavated roadway areas to road inteAzecti.on at .6tat.ion 5 + 54.44 ; then proceed to dtati.on 13 + 18.89 excavating top and dub-.s o.c?z. ADDENDUM PAGE # 2 PHASE II- B- Finati.ze xoad .hub gxadea and pxepaxe area 4ox utit teed. C- Sta.bit i.ze xoadway .6tope�s and imptement hay bate baAAieu and ox MiAa 4 i.. Pabn i.c. D- Stabiti.ze tot6 undeA eon,6t)Luc ion, xemove exee.as.ive matexiaU and eztabt"h 4inae gxading. Pha6e 11 zhoutd be eompteted within (30) th Aty daya ox on appxox>i.mateey the 9th o4 Juty, 1985. PHASE III- Between the 9th o6 Juty and Novembex 15,1985 the 4ottowing zhoutd be eompteted. A- FinaP,i.ze xoad gxades and commence eon.6txucti.on o6 utititi.ea B- Puunanent vegetative coven. w.i U be extabti.6hed throughout the development. C- Totae maintenance o4 at P- s.c stat ion and zedimentation ponces and baxnieu zhoutd be continued throughout the pxofect. D- Dxa.inage .6ystem and 6anitoAy .bhoutd be eompteted and bindeh eouxze box roadway and driveway .should be eompteted. Att utitities .shaU be approved by xebpect ve town depaxtment6 pxiox to binder couxz e. ADD END UM PAGE # 3 PHASE I V- A- Beginning in the .5pni,ng o4 1986 4.inat preparation .bhoutd be made to 'ptace 4.in.ak couue on compteted roadway area. B- Bnt,tAe project shoutd be ztabizP zed; vegetation contAoa and existing ut i Zitie s .6 ho ut d be pno peAt y maintained. C- Genenat dwet ing con6tAucti.on ,aha t continue; vegetative cont.oZ and ptanti.ng .shoutd be conz.usta.nt with section (1 ) one o4. the,se. PHASE V- Project .shoutd be compteted in the 4a t o4 1987 or .6pjci.ng o4 1988. SUMMARY The con6tuccti.on schedute wilt be cons.idened ass an .integnat paxt o4 Section No. 4 - E.asion and Sedimentation Contcot. The sedimentation and etco-5.ion contAot dev.ica wilt be conti.nuaUy throughout the pno j ec t and wett a6ten dtab.i ized pt a.nting h" taken .6ub,6tanti.at con;ftoZ on the site. A t aspect o6 con,dtAucti.on in tW development witt be subject to ,iws pec t i.on and nev.iew by to spec ti.ve depaA tmen ts o A the Town o6 Noh th Andover. Bveny pozzibte attempt wilt be made by the devetope z to ensure the Town and abuttejus that no adveue condition w tt ne,6uet 6nom the devetopment ob thiz site. Recorded 1Tay 17,1985 at 4:28PM #9932 cl U) 0 rye rn 0 ci 'Ell Cq Xt. -n 75 0) rn in