EXHIBIT B1
EXHIBIT B1
COVENANT RELATING TO RELEASE OF THE TOWN OF NEWBURY , FROM FURNISHING CERTAIN FACILITIES IN PROPOSED SUBDIVISION OF LAND, NEWBURY, NEW HAMPSHIRE
The undersigned developer, (1) having proposed to subdivide a certain tract or parcel of land situate in Newbury in the County of Merrimack and State of New Hampshire, as more particularly described in deed to the undersigned dated ________________________ and recorded in Merrimack County Registry of Deeds, Book ___________________, Page ____________, to which reference is made, and (2) having requested approval of the proposed subdivision by the Planning Board of the Town of Newbury, and (3) having represented to said Planning Board that he does not now desire or require public highway facilities for all or any of the land in said subdivision as described in the foregoing deed, (4) in consideration of the approval of the proposed subdivision by said Planning Board, for himself, his heirs, administrators, successors and assigns, does hereby covenant, grant and agree to and with the Town of Newbury, and their successors and assigns, as follows:
A. On behalf of himself, and his successors in title of all or any part of said tract of land, he and they hereby absolve, release and forever discharge the Town of Newbury from all obligation to provide, at public expense, any public highways (including drainage, sidewalks and curbs) for the benefit of all or any portion of said tract of land.
B. On behalf of himself, and his successors in title of all or any part of said tract of land, he and they jointly and severally undertake that, whenever any of the foregoing public services or facilities are desired or required for the benefit of all or any part of said tract of land, they will cause the same to be constructed at their own expense and without cost to the Town of Newbury in accordance with the then current subdivision regulations of the Town of Newbury and the then current specifications and standards of the municipal officers having jurisdiction thereof.
C. This covenant shall run with and be binding upon the foregoing tract of land and every part thereof and shall be recorded in Merrimack County Registry of Deeds as evidence thereof. In each and every deed of a lot in said subdivision the developer undertakes to insert a clause referring to this covenant and binding the grantee to it.
Given under the hand seal of the undersigned developer(s) this day of ________________, 20 __.
Witness:
____________________________________ ________________________
____________________________________ ________________________
The State of New Hampshire
Merrimack, ss.
Personally appeared the above subscriber(s) and each acknowledged the foregoing instrument to be his (her) free act and deed. Before me:
________________________
Justice of the Peace/Notary Public
Form for Corporations