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Home My WebLink AboutCOVENANT (2) RightFAX 10/02/2000 5:52 PAGE 2/5 RightFAX'` COVENANT ' October 3, 2000 North Andover, Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application pursuant to Section 81P of the Massachusetts Subdivision Control Law for endorsement of a plan believed not to require approval under the Subdivision Control Law. Said plan is entitled, "Plan of Land in No, Andover, Mass.", dated September 11, 2000, prepared by Hayes Engineering, Inc. (hereinafter referred to as the"ANR Plan")The ANR Plan depicts Lots 248, 47, 48, 49 and 50, all with frontage on Thistle Road, as shown on a plan entitled, `'Modified Definitive Plan& Profile Thistle Road North Andover,Mass.",.dated October 23, 1987, revised May 20, 1996, signed by the. North Andover Planning Board May 16, 2000 and recorded with the North Essex District Registry ofDeeds onMav 18,2000 as document#13741. (hereinafter referred to as the`Modified Definitive Subdivision Plan") The undersigned has requested the Planning Board to endorse the ANR Plan as "Approval Under The Subdivision Control Law Not Required", without requiring a performance bond, and in consideration of such endorsement,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 inLots 24B,. 47, 48, 49 and 50 shown on the ANR Plan and that there are no mortgages of record or otherwise on any of the said land; 2. That the undersigned will not sell or convey any of said Lots 24B, 47, 48, 49 and 50 shown on the ANR Plan or erect or place any permanent building on any of said lots until the constructionofways and installation of municipal services necessary to adequatelyserve such lots 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) for Abbott Village as shown on the Modified Definitive Subdivision Plan; ' b. The Subdivision Control Law and the Planning Board's Rules and Regulations r governing the Abbott Village subdivision as shown on the Modified Definitive Subdivision Plan; I C. The certificate of approval and the conditions ofappr'oval specified therein, issued by the Planning Board; dated June 13, 1988, as affected by that certain Agreement for Judgment dated December 13, 1989 and filed with the Land Court on December 28,: 1989 in)vfisc. Nos. 127-276 and 128-570,and d. The Modified Definitive Subdivision Plan as approved and as qualified by the certificate of approval and the Agreement for Judgment referred to above RightFAX 10/02/2000 5:52 PAGE 3/5 RightFAX 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 among Lots 24B, 47, 48, 49 and 50 shown on the ANR Plan shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority ofthe PlanningBoard and enumerating the specific lots to be released; 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 AINtR 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 ofDeeds,forthwith,or to paythe 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 ANR Plan as approved; 7. A deed of any part ofLots 24B,47,48,49 and 50 shown on the ANR Plan inviolation ofthis 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 ANRPlan 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,the Planning Board shall release this covenant by an appropriate instrument, duly acknowledged. Upon performance ofthis covenant with respect to any lot,the Planning Board may release such lot from this covenant by an appropriate instrument duly recorded; and 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 i� sufficient in the opinion of the Planning Board to secure performance of the construction and installation. For title to the property shown on the ANR Plan, see deed to Frederick Eamshaw, recorded in Essex County North District Registry of Deeds,'Book 3 553,Page 114, and deed from Frederick Earnshaw to North Andover Land Corp., recorded herewith, i i RightFAX 10/02/2000 5:52 PAGE 4/5 Righ°tFAX JN WITNESS AWEREOF,Nve have hereunto set our hands and seals this 3"day of October, 2000. ; North At dove Land or oration: By _ VO4 Miele Cormier,President �. By' ---- -- -- —— —— -- ._ . � Alvin 114laillet, Treasurer Acceptance by a Majority ofthe North Andover Planning Board COMMONWEALTH OF MASSACHUSETTS Essex, ss. October 3, 2000 T hen persona fly appeared before me the above named Aurele Cormier d acknowledged the foregoing instrurnent to be his free act and deed, and t t f!'north And e Land Corporation before me, N A ty Public Ibly nimission expires: ° d C0MM0NW'&UTH OF MASSACHIiSFTTS Essex, ss. t October 3,2000 T hen personally appeared befure me the above nam A a,in I illet a ac owledged the foregoing instrument to be his free act and deed, and t o N M-orth Aridov r La d Corporation, before;me, wyommntsion lic expires: 1 � RightFAX 10/02/2000 5: 52 PAGE: 5{5 RightFAX � COMMONWEALTH OF MASSACHUSETTS Essex, ss. , 2000 Then personally appeared before me the above named members or representative ofthe 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, Notary Public My commission expires: .1\C'16C if Alcoa xpc r I I I