EXHIBIT B3
EXHIBIT B3
COVENANT RELATING TO RELEASE OF 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 ______________ 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 now desire or require fire protection and 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 respective 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 cisterns or fire facilities, piping, and maintenance, 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 the cost to the Town of Newbury, in accordance with the then current subdivision regulations of said Town and the then current specifications and standards of the municipal officers having jurisdiction thereof.
C. 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 they will maintain the same at their sole expense and in accordance with the directions of the Town of Newbury, and if they shall fail to maintain in accordance with such directions, that the Town will maintain the same in accordance with its requirements and if the Town is required to maintain the same, the Town will file a lien upon the foregoing tract of land and every part thereof and shall record such lien in the Merrimack County Registry of Deeds.
D. 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:
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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:
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Justice of the Peace/Notary Public