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Greenleaf Common Driveway and Flag lots Parsons Brook SubdivisionDECISION OF NORTHAMPTON PLANNING BOARD At a meeting held on February 22, 1990, the Planning Board of the City of Northampton voted unanimously to GRANT the requests of Investment Partners, Inc. for a Special Permit to allow a common driveway under the Provisions of Section 6.12 of the Northampton Zoning Ordinance, and for Special Permits to allow the creation of four flag lots under the Provisions of Section 6.13 of the Northampton Zoning, Ordinance. The Flag Lots are Lots 25, 41, 33 and 34 in a residential subdivision called "Parsons Brook," located off Park Hill Road, Northampton. These parcels are shown and defined on a drawing entitled, "Definitive Subdivision of Land in Northampton, Massachusetts prepared for Investment Partners, Inc. by Almer Huntley, Jr. & Associates , Inc. dated September 13, 1989 and described as Job No. 330 -342, Sheet 1 of 8." The Common Driveway is intended to serve Lots 33 and 34, located off the cul de sac named "Longfellow Drive." Present and voting were Chairman J. Beauregard, N. Duseau, J. Hale, M. Mendelson, J. Arnould, A. Crystal, E. J. Gare III and J. Holeva. The findings are as follows: As to the common driveway, the requested use is listed in Section 6.12 as being allowed by Special Permit in the district for which application is being made. The requested use bears a positive relationship to the public convenience or welfare, in that one common driveway is preferred over two separate driveways, for safety reasons. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. The requested use will not overload any municipal systems, provided that the conditions subsequent which are a part of this decision, are observed. The requested use will not unduly impair the integrity or character of the district, and is in harmony with ,the general purpose and intent of the ordinance. is The following conditions shall apply: NORTHAMPTON PLANNING BOARD DECISION INVESTMENT PARTNERS, INC. PAGE TWO 1. An easement plan and an agreement as to responsibility for maintenance of the driveway must be submitted and approved by the Office of the City Solicitor prior to the issuance of any Building Permit. 2. House numbers, identifying all of the home utilizing the common driveway, shall be placed at its intersection with Florence Road for identification by emergency vehicles. 3. Easements shall be placed on the deeds to the lots granting access to and over the subject parcels. 4. Restrictions shall be placed on the deeds to the subject lots prohibiting any additional vehicular access to said lots from other than the common driveway approved by this Special Permit, and stating that said common driveway is a private driveway and not a City way. 5. All utilities to service the lots shall be placed within the common driveway easement, and appropriate utility easements shall be placed on the deeds to the subject properties. 6. All such deed easements and restrictions must be submitted to and approved by the Northampton Planning Board prior to their recording, and prior to the issuance of any Building Permits. 7. All work shall comply with that shown on the aforementioned Easement Plan, as well as any other plans referenced in this Decision. 8. Prior to the issuance of a Building Permit /Occupancy Permit, the Applicant shall submit to the Planning Board a certified statement from the project engineer that the driveway was constructed in accordance with the plans approved by this Special Permit. As to the flag lots, the requested use is listed in Section 6.13 as being allowed by Special Permit in the district for which application is being made. The requested use bears a positive relationship to the public convenience or welfare by allowing the flexible arrangement of lots and dwelling sites, while reducing the amount of public roadway required to access the lots. NORTHAMPTON PLANNING BOARD DECISION INVESTMENT PARTNERS, INC. PAGE THREE The requested use will not create undue' traffic congestion_or_unduly impair pedestrian safety. The requested use will not overload or endanger any public systems or facilities. The requested use will not unduly impair the integrity or character of the district, and is in harmony with the general purpose and intent of the ordinance. The requested flag lots meet all the requirements (Paragraphs (a) through (1) of Section 6.13 of the Northampton Zoning Ordinance. Dr. The Special Permits are granted. r f rl.LcE.tf:\ Jdith Hale Marion Mendelson Arnold / it f' 5 oseph teau g ard, Chair i Andrew Crystal William J. Larkin City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586.6950 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals Date: MARCH 9, 1990 RE: THE APPLICATIONS OF INVESTMENT PARTNERS, INC. FOR APPROVAL OF A DEFINITIVE SUBDIVISION PLAN ENTITLED, "PARSONS BROOK," AND SPECIAL PERMITS TO ALLOW A COMMON DRIVEWAY AND FOUR FLAG LOTS IN A SUBDIVISION ENTITLED, "PARSONS BROOK," LOCATED OFF PARK HILL ROAD. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Planning Board of the City of Northampton was filed in the Office of the City Clerk On: MARCH 9, 1990 GRANTING the requested Subdivision approval andSpecial Permits For Property Located at: Off Park Hill Road, Northampton, MA If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. r. J seph Beaur gard, Chairman City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 • Community and Economic Development • Conservation• Historic Preservation • Planning Board • Zoning Board of Appeals DATE: M '9 CERTIFICATE OF GRANTING OF SPECIAL PERMIT (General Laws, Chapter 40A, Section 11) THE PLANNING BOARD OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT SPECIAL PERMITS HAVE BEEN GRANTED: TO: INVESTMENT PARTNERS, INC. ADDRESS: 8 BRIDGE STREET CITY: NORTHAMPTON, MA AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: LOTS 25, 41, 33 AND 34 IN A RESIDNETIAL SUBDIVISION ENTITLED, "PARSONS BROOK," LOCATED OFF PARK HILL ROAD. And the said Planning Board further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the City Clerk. The Planning Board also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last. paragraph) provides that no variance or special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. PLANNING BOARD OF THE CITY OF NORTHAMPTON By: Secretary Received at City Clerk's .,tfice NORTHAMPTON, MASS..._ BY . Date Tim NOTICE. OF SUBDIVISION APPROVAL City Clerk 008222 .The Planning Board on FEBRUARY 29 , i 990bY date MISRBREMMEVAPPROVED (cross out one) plan: On 3558 PAGE 0707 FORM.F . NORTHAMPTON,. MA • • MARCH 9 1990 • • Date . OR DISAPPROVAL Five to Three vote the following subdivision Name or description PARSONS BROOK New street names HAWTHORNE TERRACE, LONGFELLOW DRIVE, GREENLEAF DRTVE Submitted by Address On MAY 19, 1988 Date pendina te, Signed C After twenty blueprints, if Applicant City Engineer Assessors Bldg. Inspector INVESTMENT PARTNERS, INC. 8 BRIDGE STREET, NORTHAMPTON, MA 01060 mination of the statutory twenty day appeal period. • moan, Nort Applicant Building Inspector Board of Public Works Fire Department Board of Health pton Planning Board This vote of the Planning Board is duly of their meeting. recorded in the minutes Police Department 'Board of Assessors Register of Voters File Conservation Commission (20) days without notice of appeal, approved, will be transmitted to: 1 mylar 1 mylar 1 print 1 print Register of Voters Police Department Fire Department File 1 print 1 print 1 print 1 print CERTIFICATE OF CITY CLERK' We May 8, 1990 I, Christine Skorupski, City Clerk o City of Northampton hereby certify that the above Decision of the.Northampton.Pianning Board was filed in the Office of the City on March 2.6,990, that twenty days have elapsed since such'`filing: and that no,, has been .filed in this matter. - Attes • endorsed Christtne Sko .upski •>C1,ty' Clerk_ City of Northampton - Thr:g) " MAR 2 6 1990 • • 11 0W � „.,. fth CITY CLERKS OFFICE NORTHAMPTON, MASS. 01060 BOOK 355E - E0' , 08 .Approval- of the Definitive Subdivision entitled PARSONS BROOK is subject to the following conditions: A. All work shall be done in accordance the plans entitled PARSONS ROOK as approved and endorsed by the Northampton Planning Board, B. Prior to the Planning Board endorsing the approved Definitive Subdivision Plan, in addition to the requirements of Section 6:05(3.) of the Northampton Subdivision Regulations, the applicant shall complete the following: 1. the Definitive Subdivision Plan shall be revised to include the following: a) all catch basins and drop inlets shall have 40" sumps, b) due to the steep side slopes along certain sections of the roadways, swales should be constructed to accommodate runoff from proposed driveways. In addition, said driveways shall be constructed by the developer as part of the regular construction of the roadways, drainage easements should be granted to the City of Northampton extending 10' past the end of DMH #31 and DMH #32, and 10" beyond the edge of the right - of -way at DMH #14, the water line connection to Whittier Street shall be redesigned to the satisfaction of the Department of Public Works, reverse names of Longfellow Drive and Hawthorne Terrace so that Longfellow drive is the longer side cul -de -sac the crash gates shall be placed just off the edge of the right -of -way (on the lot) at either end of the private emergency connector road and shall have spring latches which will not be locked, reflectorized free - standing signs, 36 square in inches in area, stating that "EMERGENCY ACCESS, AUTHORIZED VEHICLES ONLY" shall be placed next to the crash gates just off the edge of the right -of- way (on the lot) at either end of the private emergency connector road, 2. submit easement documents, suitable for recording at the Hampshire County Registry of Deeds, for all proposed easements shown on the Definitive Subdivision Plan for approval by the Planning Board and City Solicitor, a) that said detention area and pipes shall not become the responsibility or liability of the City, and all construction, reconstruction, maintenance and all liabilities relative to said area and pipes shall become the full responsibility of the developers, property owners, homeowners' association or approved (by the Planning Board) equal, that the city has the right to discharge storm water into said detention area, c) that a maintenance schedule with regular inspection - by a qualified person to insure proper function of il f E 0 W 15 n; . the detention area and pipes shall be established f .- f� I 1 ( U' (said specific schedule shall be included in the P 1 i s document), a .,t 2 61990 , 7 � � j d) CITY CLERKS OFFICE NORTHAMPTON, MASS. 01060 Bt v,, 3558 PAGE X209 3. the applicant shall provide the City with a Performance Guarantee, subject to approval by the Planning Board and City Solicitor. Said Performance Guarantee may take the form of either: 1) a Covenant (Form I of the Northampton Subdivision Regulations); or 2) a bond, deposit of money or negotiable security in conformance with the provisions of Section 81 -U of Chapter 41, M.G. L. Should the applicant choose a bond, deposit of money or negotiable security, then the applicant shall complete all of the required improvements in the approved Definitive Subdivision Plan at least nine months prior to the expiration date of the bond (etc.) so that the City will have time to draw upon said funds and complete the unfinished work. The monetary value of the bond shall be agree upon by the DPW and shall be 100 percent of the cost of completion as of the date the bond (etc.) expires, 4. submit documents, suitable for recording at the Hampshire County Registry of Deeds and subject to the approval of the Planning Board and City Solicitor, relative to the detention area and all storm drain pipes outside the proposed easements containing, among other things, explicit wording: that a bank account shall be established to cover the expenses incurred during the maintenance of the detention area and pipes. Said bank account shall have a minimum balance of $3,000 at all times, e) addressing the liabilities that might be incurred through the existence of said detention area. An additional bank account shall be opened with sufficient funds to purchase adequate insurance coverage, R@ROWR r , !HI MAR 2 6 1990 W CITY NORTHAMPTON, CLERKS BOOK 35 eAC 0310 5. submit documents, suitable for recording at the Hampshire County Registry of Deeds and subject to the approval of the Planning Board and City Solicitor, relative to the private emergency connector road linking the Greenleaf and Whittier Street cul -de -sacs (including that portion within the rights -of -way of Greenleaf and Whittier Streets) containing, among other things, explicit wording: a) that said private emergency connector road, including gates and signs, shall be kept and maintained (in the opinion of the Department of Public Works) in a state suitable for providing year -round access (including but not limited to snow plowing and sanding) of emergency vehicles (fire, police, ambulance, etc.) and such private emergency connector roadway shall not become the responsibility or liability of the City, and all construction, reconstruction, maintenance and all , liabilities relative to private emergency connector road shall become the full responsibility of the developers, property owners, homeowners' association or approved (by the Planning Board) equal, b) that a maintenance schedule with regular inspection by a qualified person to insure proper function of the private emergency connector road shall be established (said specific schedule shall be included in the document), d) that a bank account be established to cover the expenses incurred during the maintenance of the private emergency connector road. Said bank account shall have a minimum balance of $5,000 at all times, addressing the liabilities that might be incurred through the existence of said private emergency connector road and stating that the city shall be indemnified and held harmless from any action including, but not limited to, the cost of defense. An additional bank account shall be opened with sufficient funds to purchase adequate insurance coverage, 6. The ownership (Title) of the proposed subdivision roads and right -of \ways shall be given (Deeded in fee) to the Homeowners Association, or approved equal (see Conditions B.4.a.). Said Deed shall be suitable for recording at the Hampshire. County Registry of Deeds and shall contain explicit wording, subject to the approval of the Planning Board prior to its recording, that the total responsibility and liability for the maintenance (including snow and ice removal), repair, reconstruction ' 3 558 PAGE 0311 of the roadway and utilities shall remain with said association or approved equal until the City Council has accepted the roads as City Streets, and should the City Council fail to accept the roads as City Streets then appropriate utility easements for the water line shall be granted to the City for the maintenance and repair of any municipal utilities. 7. submit documents, suitable for recording at the Hampshire County Registry of Deeds and subject to the approval of the Planning Board and City Solicitor, stating that the City is not responsible for the utilities leading to any lots after they leave the main lines on the street. 8. the maintenance of the cul -de -sac islands (including the berm) shall be the responsibility of the developer, his successors or assigns (excluding the City of Northampton should the roadway be accepted as a City Street) and that fact shall be stated in appropriate documents to be approved by the Planning Board and City Solicitor. In addition, the islands shall be planted with low maintenance vegetation. 9. All of the above shall be presented to the Board within 60 days of the expiration of the appeal period of the approval of the subdivision. C. The following waiver requests have been granted; 1. Section 7:01(5.A.) waiving the 1000' limitation. D. Either Lot 26 or 27 shall be included as part of the common open space (along with the Detention pond lots) under the ownership of the homeowners association, or approved equal (see Condition B.4.a.) set aside for open space /recreation purposes. Should the lot (either 26 or 27) which has not been set aside as open space fail to pass a Board of Health deep hole and percolation test within the next two years (1991) said lot shall also be included as part of the common open space. E. The Building Inspector shall issue no permits for any of the .lots of the development unless he is notified in writing by the Chairman of the Planning Board that all necessary plans and documents have been recorded at the Registry of Deeds and, if applicable, any release of covenants. F. Prior to the beginning of any construction, the developers, the project's engineer and the contractor shall attend a pre - construction conference to be arranged by the Northampton Office of Planning & Development. The developers shall notify said Office when they and their contractors are prepared for such a conference. -.; 0 -� MAR 26 In CITY CLERKS OFFICE 5IORTHAMPTON MASS. 01060 1. 2. 4 '(' II �; :.. MAR 2 6 1990 T.. CITY CLERKS OFFICE NORTHAMPTON, MASS. 01060 BOOK i8 PAGE 0? 12 - During the - physical - construction of the public ways and utilities, the developers shall comply with the following: The developers shall notify in writing the DPW and Planning Board five days in advance of commencement of construction and subsequent phases of construction so that proper inspection can take place. After the installation of the complete water system and prior to the placement of any gravel on the proposed roadway, the developers shall present ties to fixed and easily identifiable objects and elevations (whenever applicable), on 4" x 6" cards, of all appropriate components (such as bends, tees, gates, corporations, .service boxes etc.) of said system so that the DPW will be able to physically locate said components in the ifuture. Said cards are to be prepared by the project's !engineer. Upon approval of the above by the DPW, the iPlanning Board shall instruct the developers in writing to proceed with the construction. 3.. The developers shall present proof, at their own expense, by a qualified person /firm, to be approved by the City Engineer, that the gravel to be used on the project meets State specifications. 4. The water main shall be tested by the developers or their designees for leaks and adequate fire flow (750gpm @ 20 psi residual pressure) under the supervision of the DPW prior to the issuance of any building permits. Building Permits shall be issued only after the Chairman of the Planning Board informs the Building Inspector that the above tests meet City requirements, and if applicable, after the issuance of a release of covenant. The fire flow test shall be conducted by a Mass. Registered Professional Engineer. H. Upon completion of the Board with: 1. Record plans, the DPW. construction, the standards the developers shall pit for which have been set by 2. A formal petition, signed by six Northampton residents, accompanied by appropriate plans so that the Planning Board can proceed with the acceptance of the ways as City streets. The standards for the plans have been set by the DPW. 3. A document, suitable for recording, deeding the proposed public roadways to the City. I. There will no occupancy permits issued by the Building Inspector for any lot until the Planning Board notifies the latter that the following have been constructed by the developers and approved by the City Engineer: 1. All utilities to said lot. 2. A driveway, and 3. At least the roadways binder course has been installed. Jam= The total responsibility for the maintenance (including snow and ice removal), repair, reconstruction of the roadway and utilities shall remain with the developers, their successors and assigns until the City Council has accepted the roads as City Streets. L. All conditions of the Conservation Commission and Board of Health shall become a part of these Order of Conditions. M. The developer will leave at least two (2) mature deciduous trees in front of every lot, or plant two (2) 3" caliper trees to take their place. N. All improvements required and authorized under the approval of this Definitive Subdivision Plan and attached conditions must be completed within five (5) years of the date of the expiration of the Appeal Period if no appeals have been filed or the expiration of the Appeals process if an Appeal has been successfully defended. Fi >, f a� fin 0 T is 11°' MN? 2 60 K. Erosion /Sedimentation control measures, in accordance with USDA Soil Conservation Service guidelines, shall be implemented in a manner sufficient, in the opinion of the Planning Board, to both temporarily and permanently stabilize disturbed areas of the site to control run -off and prevent /mitigate soil erosion and sedimentation both on -site and off -site. Attes NORTHAMPTON CLERKS OFFICE EGISTER H. . e ss. ,, p Reed ant'r1 arse 11 /0 1990 atJ /o'clock and_.& minut M R (MONTH (OAY . Tg . 6 - 6r 7 Page < `47 exam'd wi h Hampshire Reg. of Deeds, Boob DECLARATION OF MAINTENANCE COVENANTS- .AN.D73 USE OF RESTRICTIVE COVET TTS- for Parsons Brook SubdiVon This Declaration of Restrictive Covenants is made on this 4th day of May,. 1990 by Investment- Partners, Inc., a Massachusetts Corporation, with its usual place of business at 1380 Main Street, Springfield, Hampden County, Massachusetts, hereinafter referred to as the "Developer" or "Covenantor ", as owners of certain real estate in the City of Northampton, Hampshire County, Massachusetts, being more particularly described in Article I hereof. It is the intention of the Developer, in furtherance of a plan for the improvement and sale of the Property, to sell and convey all of said property subject to the conditions, limitations, and covenants ( "Covenants" herein) as set forth in this Declaration of Restrictive Covenants ( "Declaration" herein). The purpose of these Covenants is twofold. First, to provide a weans for the development of the Property for single- family residential use consistent with the Developer's intention to preserve the natural beauty, scenic and wooded character of the Property, for the benefit of its future owners and residents. Each provision of the Declaration shall be understood and construed to accomplish these objectives. Each person, by acceptance of his or her lot, does thereby agree to be bound by Covenants contained in this Declaration. Secondly, it is the intention of the Developer that a Homeowners Association be established and later incorporated under the laws of the Commonwealth for the purposes of maintaining that area designated as the "COMMON AREA" and on the Plan of Land described in Article I hereof and in controlling the use and improvements of the property within this development. This Parsons Brook Homeowners Association (the "Association" herein) and the covenants regarding the property shall be established as a covenant and is to run with the land and shall be binding on all parties and all persons claiming under said parties and that the real property described herein shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and liens hereinafter set forth. ARTICLE I PROPERTY SUBJECT TO RESTRICTIONS The property subject to this Declaration shall be the real estate described in deeds from John Zawacki, III to Investment Partners, Inc. and recorded in Hampshire County Registry of Deeds in Book 3358, Page 89 and Book 3274, Page 229 and further described in a "DEFINITIVE SUBDIVISION OF LAND IN1 NORTHAMPTON, MASSACHUSETTS PREPARED FOR INVESTMENT PARTNERS, INC. ", Almer Huntley, Jr. & Associates, Inc. dated September 13, 1989, revised April 6, 1990 in Plan Book )(,' , Book , Page :2.-- 8 0 , hereinafter the "Plan ", recorded May 10, 1990 in the said Registry of Deeds contemporaneously herewith (Plan herein). ARTICLE II PERMITTED USES AND RESTRICTIONS 1. GENERAL: Most lots within the property shall be for the exclusive use and benefit of the owner thereof, subject, however, to all the following limitations and restrictions: A. RESIDENTIAL USE: Each lot shall be used as a residence for a single family and for no other purpose. The dwelling may include a private garage in which not more than three (3) automobiles may be maintained. B. DWELLING SIZE: The ground floor area of the main structure exclusive of one -story porches and garages shall not be less than 1,200 square feet for a. one -story dwelling nor less than 900 square feet for a dwelling of more than one - story. C. NUISANCES: No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No garbage or other waste material shall be stored or kept on any lot or on the COMMON AREA except in covered containers located in appropriate areas concealed from public view and on a temporary basis awaiting imminent pick up and removal. D. TEMPORARY STRUCTURE: No trailer, tent, shack, garage, barn or other outbuilding shall at any time be used as a residence temporarily or permanently, or shall any structure of a temporary character be used as a residence. E. SUBDIVISION OF LOTS: No lot or lots shall be sub - divided or altered in any way so as to increase or enlarge the total number of lots upon which a single family residential structure may be constructed pursuant to the Covenants contained in this Declaration beyond the number of forty -two. However, one owner may combine two or more abutting lots to create one larger lot. F. VEHICLES: No commercial vehicles, mobile trailer, stationary trailer or construction or like equipment shall be permitted on any lot on the Property except while engaged in either delivery or approved construction purposes. All unregistered motor vehicles shall be garaged or otherwise hidden from the view of the driveway easement or from neighboring lots. No boats, motorized or otherwise shall be permitted to be maintained on the Property. No motorized recreational vehicles of any type shall be 'maintained or operated on the Property. Those motorized vehicles prohibited; include, but are not limited to, motor -cross bikes and snowmobiles. G. SIGNS: No sign of any kind shall be displayed to public view on a lot or the COMMON AREA, except customary name and address signs of reasonable style and dimension. No other signs of any character shall be pe.unitted except that if the owner of a lot offers his lot for sale, one FOR SALE sign of customary style and dimension shall be permitted, and as permitted by zoning ordinances of the City of Northampton. The Developer reserves the right to effect temporary signs during the development and process to advertise, inform, and locate various aspects of the development and the Developer reserves the right to erect permanent development identification signage to become part of the common area responsibility of the Homeowners Association. H. NATIVE GROWTH: In conjunction with any work for which approval by the Developer is required, the native growth of the Property shall not be permitted to be destroyed or removed, except as provided in writing by the Developer. In the event of a violation, the Developer may require the planting or replacement of the same, the cost thereof to be borne by the owner of such lot responsible for the removal and a lien may be placed on the property of the owner violating this regulation until corrected to the satisfaction of the Developer or the Homeowners Association. The only tree cutting permitted shall be for the construction of the dwelling house including accessory structures and accessory uses such as,lawns, gardens and for access thereto. Any tree removal shall be selective in nature and conducted in accordance with good forestry practices directed at improving the quality of the woodlands and enhancing the natural beauty of the Property. Cutting of trees within individual lots, and where necessary within the COMMON AREA (see Article IV, Section 4 -A), for the purpose of either enhancement of scenic view or solar gain shall be permitted, subject to the Developer's or Homeowners Association's approval in writing. No commercial harvesting or forest products shall be allowed, and "clear cutting" and other "de- nuding" practices shall be prohibited. I. EASEMENTS RESERVED: Easements for installation and maintenance of utilities and drainage facilities are shown on the Plan referred to hereinabove. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may damage, interfere with, or change the direction of flow of drainage facilities in the easements. No dwelling unit or other structure of any kind shall be built, erected or maintained on any such easement, reservation, or right of way, and such easements, reservations and rights of way shall at all times be open and accessible to public and quasi - public utility corporations, their employees and contractors, and shall also be open and accessible to the Developer, its successors and assigns, all of whom shall have the right and privilege of doing whatever may be necessary in, on, under and above such locations to carry out any of the purposes for which such easements, reservations and rights of way are reserved. J. REMOVAL AND DISTURBANCE OF EARTH: During the approved construction and /or landscaping, earth, gravel, rock or other constituents of the land formation may be removed and /or excavated from the lots provided that such removal and /or excavation is done in a manner which preserves as closely as possible the contour of the Property and does not create any problems -of water, soil erosion or related matters. No other removal or excavation shall be peLmitted on the property. ARTICLE III APPROVAL OF PLANS 1. GENERAL: No private driveway, building, fence, wall, tennis court, swimming pool or other structure shall be commenced, erected or maintained, nor shall any addition to or change, improvement, or alteration therein be made, until one set of plans and specifications, showing the nature, kind, shape, height, materials, floor plans, color scheme, locations, and approximate costs, and the grading plan of the lot to be built upon have been submitted to and approved in writing by the Developer and Associat +ion after Developer sells the final lot. The Developer (Association) shall have the right to refuse to approve any such plans or specifications or grading plan, which are not suitable or desirable in their opinion for aesthetic or other reasons. The Developer (Association) shall have the right to take into consideration the suitability of the proposed building or other structure and of the materials of which it is to be built to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure, as planned, on the outlook from the adjacent or neighboring lot(s). The Developer's (Association's) decision relative to the approval or disapproval of any such plans . and specifications shall be final and binding upon the parties. The foregoing restriction relative to approval of plans shall remain in full force and effect for a period of five (5) years following the conveyance of the last lot owned by the Developer. During that period, such approval shall not be unreasonably withheld and a certificate thereof, in form satisfactory for recording shall be furnished by the Developer, if requested by the lot owner. The Developer shall not be responsible for any structural operational defects in such plans or specifications or in any building or structure erected according to such plans'or specifications. If the Developer should fail to approve or disapprove the plans and specifications within thirty (30) days, upon which set of plans and specifications are in the hands of the Developer, then the plans shall be deemed to be approved as submitted. ARTICLE IV. HOMEOWNERS ASSOCIATION 1. MEMBERSHIP: Every owner of a lot shown on the Plan referred to above shall be a member of the Parsons Brook Homeowner Association; membership shall be appurtenant to and may not be separated from ownership of a lot. A. VOTING: The Association shall have two (2) classes of voting members as follows: CLASS A - Class A members shall consist of all lot owners with the exception of the Developer and shall be entitled to one vote for each lot owned. When more than one person holds an interest in the given lot, all such persons shall be members and the vote for such lot shall be exercised as they may determine among themselves. In no event shall more than one (1) vote be cast with respect to any lot owned by Class A members. CLASS B - Class B shall consist of the Developer who shall be entitled to exercise one (1) vote for each lot owned. Class B membership shall cease to exist at such time as the Developer has conveyed all lots shown on said Plan. 2. ESTABLISHMENT OF BOARD OF DIRECTORS: There shall be at all times a Board of Directors for the Association (Board herein) consisting of three (3) members of the Association and elected by a vote of all lot owners of the development, who are therefore automatically members of this Association. The election to determine the membership of the Board shall occur at the earliest convenient date by a meeting called by the Developer for the purpose of electing the Board of Directors of the Association. The teLm of office of the members of the Board shall be three (3) years. The Board shall meet annually and may elect at that time a Chairman, Treasurer, and Secretary. Other meetings may be called in such other manner as the Board may establish provided, however, that written notice of each meeting stating the place, day and hour thereof, shall be given at least three (3) days before such meeting to each member of the Board. Written notice of any board meeting shall also be afforded to each individual member of the Association in the same manner as the notice required for board members, and Association members shall be allowed to attend all board meetings. A majority of the Board members then in office shall constitute a quorum at all meetings and such meetings shall be conducted in accordance with such rules and regulations as the Board may adopt A. AUTHORITY OF THE BOARD: On behalf of the Association, the authority of the Board shall include, but not be limited to, the following: (1) To establish such rules and regulations as the Board may deem appropriate in order to manage, maintain, improve, repair and restore the COMMON AREA and facilities, and to oversee the covenants pertaining to the individual lots and lot owners; (2) To oversee the management, maintenance, improvement, reparation and restoration of COMMON AREA and facilities either as a group or in the alternative responsible for arranging the proper maintenance, reparation or restoration objectives of the COMMON AREA and facilities; (3) To determine and assess the common expenses specifically, but not limited to, taxes, insurance, maintenance and to collect the common charges from the lot owners; (4) From time to time to adopt, amend, and rescind rules and regulations in connection with the details of the operation and the various uses of the COMMON AREA and facilities. (5) The Board, on behalf of the Homeowners Association, will notify the Northampton Department of Public Works, in writing annually the names, addresses, and telephone numbers (work telephone number and home telephone number) of the officers of the Homeowner Association, that being Chairman, Treasurer, and Secretary. 3. ASSESSMENTS: The Developer hereby covenants for each lot within the Property and each lot owner is hereby deemed to covenant by acceptance of his deed for such lot, to pay to the Association (1) annual assessments and (2) special assessments for capital improvements. Such assessments will be established and collected by the Board. Notice of the annual assessments shall be sent by the Board to every lot owner subject thereto. The annual and special assessments together with interest, costs, and reasonable attorneys' fees shall be a charge on the land and a continuing lien on each lot against which such an assessment is made. Assessments shall be paid by the lot owners within thirty (30) days after receipt of a statement therefore. Each such assessment together with interest, costs, and reasonable attorneys' fees shall also be the personal obligation of the person or persons who own the lot at the time the assessment fell due but such personal obligations shall not pass to the successors in title of such person or persons unless expressly assumed by them. A. PURPOSE OF ANNUAL ASSESSMENTS: The annual assessments levied by the Board shall be used exclusively to promote the health, safety, welfare, and recreation of the residents within the Property and for the improvement and maintenance of the COMMON AREA within the Property, including detention ponds, recreation areas, and easements for utilities and the connecting road. Annual assessments shall include, and the Board shall acquire and pay for out of the funds derived from annual assessments, the following: Maintenance and repair of the COMMON AREA, detention ponds, recreation area, easements, and connecting road; (2) Liability insurance insuring the Association against any and all liability to the public to any owner or to the invitees or tenants of any owner arising out of their occupation and/or use of the COMMON AREA, detention ponds, recreation area, easements, and connecting road. The policy limits shall be set by the Board and shall be reviewed at least annually and increased or decreased in the discretion of the Board. (3) Real estates taxes assessed by the City of Northampton for the real property contained within the COMMON AREA, detention ponds, recreation areas, easements, and connecting road; (4) Workman's compensation insurance to the extent necessary to comply with the applicable law and any other insurance deemed necessary by the Board; (5) Standard fidelity bond covering all members of the Board and all other employees of the Association in an amount to be determined by the Board; (6) Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessment which the Association is required to secure or pay pursuant to teens of this Declaration or by law or which shall be necessary or proper in the opinion of the Board for the operation of the COMMON AREA, detention areas, recreation areas, easements, connecting road for the benefit of lot owners or for the enforcement of these restrictions. B. PURPOSE OF SPECIAL ASSESSMENTS: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only for the purpose of defraying in whole or in part the cost of any construction, reconstruction, repair or replacement of a capital improvement on the COMMON AREA including fixtures properly related thereto. C. UNIFORM RATE OF ASSESSMENT: Both annual and special assessments must be fixed at a uniform rate for all lots within the Property.' ( 1) 4 PROPERTY RIGHTS - MODIFICATION OF COMMON AREA: A. COMMON AREA: The Common Area shall be defined as including the following, as more specifically described on the Plan previously described herein and to be recorded contemporaneously herewith as: (1) The right -of -ways, roads, and cul -de -sacs contained within the definitive subdivision, call Longmeadow Drive, Hawthorne Terrace and Greenleaf Drive, until said right -of -ways, roads, and cul -de -sac are accepted by the City of Northampton as public ways. (2) Easement areas granted to the City of Northampton and described in EASEMENTS & COVENANTS documentation to be recorded contemporaneously herewith, as described on the Plan filed contemporaneously herewith. The detention areas Parcel 27A, Parcel 32A, and Parcel 39A as described on the Definitive Subdivision Plan to be filed contemporaneously herewith. Parcel 25, as described on the contemporaneously herewith. The emergency connecting road Whittier Street cul -de -sac and cul -de -sac. The Easement areas granted to the Homeowners Association and described in the Easement and Covenant documentation to be recorded contemporaneously herewith. B. OWNERS' EASEMENTS OF ENJOYMENT: Each lot owner shall have a right and easement of enjoyment in and to the COMMON AREA which shall be appurtenant to and shall pass with the title to such lot and the recreation area, excepting the detention pond and connecting roadway. This may include certain opportunities in connection with the native growth of the COMMON AREA, subject to the restrictions and limitations outlined above (see Article II, Section 1 -I.) C. MODIFICATION OF COMMON AREA: Modifications or alterations in the COMMON AREA as it is designated in the above- referenced plan shall not be valid unless authorized by a three - quarter's (3/4) vote of the forty - two (42) lot owners at a meeting of the Association convened by the Board of Directors and acceptable to the appropriate ruling city boards, and administrative offices. Members of the Board shall vote at said meeting as individual lot owners along with the remaining lot owners within the Property. Plan to be filed connecting the Greenleaf Drive 5. COMPLIANCE WITH ZONING ORDINANCE: Whereas Section 11.4 -9 of the zoning ordinances for the City of Northampton, Massachusetts sets forth certain rules and conditions that shall apply to residential developments and whereas the Developer intends that the Association comply with those rules and conditions, therefore: A. DISSOLUTION OF ASSOCIATION: The Association shall not be dissolved nor shall it dispose of any COMMON ARF by sale or otherwise (except to an organization conceived and organized to own and maintain the COMMON AREA) without first offering to dedicate the same to the city. ARTICLE V DURATION 1. GENERAL: The restrictions contained in this Declaration are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date this Declaration is recorded. This Declaration and its restrictions may be extended for successive periods of twenty (20) years as provided by law. Any such extension shall be approved by three - fourths (3/4) vote of the owners of record at the time of the recording of the extension. Notwithstanding the number of owners of a given lot, each lot shall be entitled to a single vote, and the total number of votes shall be forty -two (42). The Developer shall be entitled to one vote for each lot still owned by the Developer at the time any such vote is taken. 2. AMENDMENT: Any extension shall be of these restrictions as they are presently set out unless by a three - fourths (3/4) vote of the then existing owners of the lots, it is agreed to amend or otherwise modify these Covenants in whole or in part. Any such amendment or modification shall be evidenced by the recording in the Registry of Deeds for Hampshire County, Massachusetts of an instrument in writing executed by a majority of the then existing owners of the lots stipulating what said changes are. Notwithstanding the foregoing, no amendment will be pei,uitted or will be valid, that has the effect of superceding, negating, altering those requirements stated in the approval of the Plan. 3. ENFORCEMENT: The restrictions contained in the Declaration are for the benefit of the Property and shall run with the land. Enforcement shall be by proceedings at, law or in equity against any person or persons violating or attempting to violate any restriction either to restrain violation or to recover damages. ...... . ...... The failure by any land - owner - - to - enforce any-restriction, condition, covenant or agreement herein contained shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto. Each remedy provided for by this Declaration is cumulative and non- exclusive. ARTICLE VI HOMEOWNERS RESTRICTIONS The following covenants run with the above described easements as follows: 1. That the detention areas and storm drain pipes outside the easement areas shall not become the responsibility of or liability of the City of Northampton and all construction, reconstruction, maintenance, and all liabilities relative to said area and pipes shall be the full responsibility of the developers, and then in accordance with the homeowners association or approved equal (approved by the planning board). 2. The City of Northampton has the right to discharge storm water into said detention areas. 3. That a maintenance schedule with regular inspection by a qualified person to insure proper function of the detention area and storm pipes shall occur twice per year, in April and in October with a written report submitted to the Association by the inspector within fourteen (14) days of the inspection. 4. That a bank account shall be established by the Developer and maintained thereafter by the Homeowners Association to cover the expenses incurred during and for the maintenance of the detention area and storm pipes. Said bank account shall hold a minimum balance of $3,000.00 at all times. 5. Adequate liability insurance shall be maintained at all times regarding the detention area and easement areas and an additional bank account shall be established with sufficient funds to purchase said insurance. The homeowners association shall maintain this account. 6. The following covenants are applicable to the emergency connector road linking Greenleaf Drive and the Whittier Street cul -de -sac including that portion within the right -of -way of Greenleaf and Whittier Street: a. It shall be kept and maintained (in the opinion of the Department of Public Works) in a state suitable for providing year -round access of emergency vehicles (fire, police, ambulance, etc.) and such private emergency connector roadway shall not become the responsibility or liability of the City, and all construction, reconstruction, maintenance and all liabilities relative to the private emergency connector road shall become the full responsibility of the Developer, property owners, the Association or such entity as may be approved by the Northampton Planning Board; b. A maintenance program with regular inspections a minimum of twice a year in April and October by a qualified person to insure proper function of the private emergency connector road shall be conducted; c. A bank account shall be established by the Developer and maintained by the Association to cover the expenses incurred during the maintenance of the private emergency connector road. Said bank account shall hold a minimum balance of $5,000.00 at all times; d. Adequate liability insurance regarding said private emergency road shall be maintained at all times and an additional bank account shall be opened and maintained by Developer and then the Association with sufficient funds to purchase adequate insurance coverage. 7. The City of Northampton shall not responsible for the utilities leading to any lots after they leave the main lines on the street. 8. The maintenance of the cul -de -sac islands, including the granite edging shall be the responsibility of the Developer, its successors and assigns, the Association, its successors and assigns, (excluding the City of Northampton should the roadway be accepted as a city street). The islands shall be planted with low maintenance vegetation. 9. The City of Northampton has the right to discharge storm water from Easements shown on the Plan and granted to the City of Northampton in separate documentation entitled Easements and Covenants to be recorded contemporaneously herewith and further described in the Plan. ARTICLE VII CONSTRUCTION AND SEVERABILITY 1. GRAMMAR: Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. 2. RESTRICTION SEVERABLE: Invalidation of any. one of these.. restrictions by judgment or court order shall in no way affect any provisions, which shall remain in full force and effect. 3. CAPTIONS: All captions or headings used in these restrictions are intended solely for reference purposes, and shall not be used to interpret or define the provisions thereof. IN WITNESS WHEREOF, the declarants and the undersigned owners have hereunto set their hands and seals the day and year first above written. Executed as a sealed instrument this 4th day of May, 1990. 00032142 Investment Partners, Inc. Patrick M. Goggins, President and Treasurer THE COMMONWEALTH OF MASSACHUSETTS Hampshire, SS. May 4, 1990 Then personally appeared the above named Patrick M. Goggins, President and Treasurer of Investment P.:riners, Inc. and acknowledged the foregoing to be the free act and d -ed of Investment Partners, Inc. before me, N••ary Pu res: 04/0 NORMAN C. MI My Commission 95 is (4_13S 11379 �r> > • EASEMENT We, THEODORE D. TOWNE t EVELYN M. TOWNE, husband 4. wife of Northampton, Hampshire County, Massasetttss ,forpconsiderationn paid, grants to the CITY OF NORTHAMPTON, duly successors, the ghtwandteasementstohlay, its teucetssr, reconstruct , maintain, patrol, operate, repair, and coms a water and structures appurtenant thereto of a remove ceer mains and equipment the parcel of land 30' in width; locatedtof landientitled bounds of Whittier Street as shown on a p lan "Definitive Subdivision Plan, Pa Hill. 5state's, Northampton, Mass. prepared for Theodore Towne" by Almer Asso ciates, Inc., dated Nov. 1978 Revised as of January 23, 1979, and recorded on the Hampshire County Registry of Deeds in Plan Book 110, pages 65 and 66; said line to extend from station 14 +0 in a northerly direction to Westhampton Road. The exact location of said centerline is shown rz the approved construction plan of Park Hill Estates, w was filed uiny the ,office of the City Clerk in the City of Executed as a 2ealed ynstrumellt_ thgs 8th day of November, 1979 xvpsvouedoc ) • 67 Theodore D. Towne Evelyn M. Towne COMMONWEALTH OF MASSACHUSETTS November 8, 1979 Hampshire, es. Then personally appeared the above named Theodore t0. Tot to and Evelyn M. Towne and acknowledged the foregoing be their free act and deed, before Thomas M. Growhoski Notary Public My commission expires: March 14, 198 Novembea 9 , 1919 ca 10 o'clock a n d 35 m i n . t 11, 2ec'd ated & &am'd• as'ocpnat cx�ac xnm c I.Y.:4t' WOW QS • P 1: .. DEED KNOW ALL MEN BY THESE PRESENTS, that, INVESTMENT PARTNERS, INC. (the "Grantor") of 1380 Main Street, Vi pingfield, Hampden County, Massachusetts for consideration of less than $10.00 and other good and valuable consideration paid U) • grants to PARSONS BROOK HOMEOWNERS ASSOCIATION, an unincorporated • association with a principal mailing address of 1380 Main Street, • Springfield, Hampden County, Massachusetts, hereinafter the v "Association ", w. ° with warranty covenants a. the land in Northampton, Hampshire County, Massachusetts, further • bound and described as follows; z All rights -of -way, roads, and cul -de -sacs contained within the Definitive Parsons Brook subdivision plan prepared for Investment Partners, Inc. prepared by Almer Huntley Jr. & Associates of Northampton, Massachusetts to be recorded in the Hampshire County Registry of Deeds Book of Plans simultaneously herewith, including the roads, rights -of -way, and cul -de -sacs labeled Longfellow Drive Hawthorne Terrace o Greenleaf Drive c 0 included herewith are the covenants to maintain, repair, and reconstruct all included utilities (water, storm, and sewer) located within the bounds of said street and by -ways, excepting specific utility connections connecting to individual homes and beginning at ° the common main trunk lines; and to maintain, including, but not limited to snow and ice removal and sweeping, the roads and rights -of -way in a safe condition. Said covenants to repair and maintain and reconstruct the roads and rights -of -way shall be the responsibility of the Parsons Brook Homeowners Association, its successors and assigns, until the City Council of Northampton has accepted the roads and rights -of -way as city streets. Should the City of Northampton not accept the roads and rights -of -way as city streets, then the Parsons Brook Homeowners Association will grant to the City of Northampton utility easements for the water lines and any other municipal utilities for the maintenance and repair of the municipal utilities. 1 Th'is' covenant shall run with the 43 lots included within the subdivision and is binding upon the Parsons Brook Homeowners Association, its successors and assigns, the individual lot owners, their successors and assigns and the assigns of the Covenantor. Being portions of the premises conveyed to the Grantor herein by deeds of John T. Zawacki, III, recorded in the Hampshire County Registry of Deeds in Book 3274, Page 229 and Book 3454, Page 347 and a portion of the premises conveyed to the Grantor by deed of Theodore D. Towne and Evelyn M. Towne, dated and recorded April 11, 1989 in the aforesaid Registry in Book 3358, Page 89. Witness its hand and seal this 4th day of May, 1990. _ .. 1. /Ve/ 00032147 HAMPSHIRE, SS. Investment Partners, Inc.. Patrick M. Goggins, Its President and Treasurer THE COMMONWEALTH OF MASSACHUSETTS May 4, 1990 Then personally appeared the above -named Patrick M. Goggins, President and Treasurer of Investment Partners, Inc. and acknowledged the foregoing to be the free act and deed Investment Partners, Inc. before me NORMAN C. My Commission e 2 S, Notary Public 5 4/6/95 KNOW ALL MEN BY THESE PRESENTS that Said Easement contains 3,048 square feet more or less. EASEMENT and COVENANTS RCr[ l,;, .',F!'.t ROEO "' INVESTMENT PARTNERS, INC. with a usual place of business at 1380 Main Street, 5th floor, Springfield, Hdfip'den'County,. Massachusetts, (hereinafter called the "Grantor ") for consideration paid grants to PARSONS BROOK HOMEOWNERS ASSOCIATION, an uncorporated association with a mailing address of 1380 Main Street, Springfield, Hampden County, Massachusetts, its successors and assigns (hereinafter called the "Grantee" or the "Association ") with warranty covenants the right of easement to maintain, patrol, operate, repair, remove, reconstruct, and construct drainage, water detention, sewage, water, and utility lines, pipes, equipment, structures etc., within the following easement areas more particularly described as follows: That land in Northampton, Hampshire County, Massachusetts being shown and designated on a Plan entitled "Definitive Subdivision of Land in Northampton, Massachusetts prepared for Investment Partners, Inc, prepared by Almer Huntley, Jr. & Associates, Inc. dated September 13, 1989 and recorded in the Hampshire County Registry of Deeds in Plan Book J 6 , Page -7/-f, and more particularly described as follows: EASEMENT 25 -E Beginning at a point on the common boundary line between Lots 25 and 26, said point being the northeast corner of the easement herein described and as shown on said Plan; thence turning and running S 37 18' 28" W, a distance of one hundred fifteen and three one hundredths (115.03') feet to a point; thence turning and running N 52 41' 32" W, a distance of thirty and no one hundredths (30.00') feet to a point; thence turning and running N 37 18' 28" E, a distance of eighty -eight and seventeen one hundredths (88.17') feet to a point; thence turning and running along said common boundary N 85 27' 58" E, a distance of forty and twenty -seven one hundredths (40.27') feet to the place of beginning. EASEMENT 26 -E2 Beginning at a point on the common boundary line between Lots 25 and 26, said point being the southeast corner of the easement herein described and as shown on said Plan; thence turning and running S 85 27' 58" W, a distance of forty and twenty -seven one hundredths (40.27') feet along said common boundary to a point; thence turning and running N 37 18' 28" E, a distance of thirteen and forty -eight one hundredths (13.48') feet to a point; thence turning and running N 10 46' 11" W, a distance of seventy -one and forty -five one hundredths. (71.45') feet to a point on the common boundary between Lots 26 and 27A, as shown on said Plan; thence turning and running S 75 15' 15" E, a distance of thirty -three and twenty -four one hundredths (33.24') feet to a point on said common boundary; thence turning and running S 10 46' 11" E, a distance of seventy and fifty -two one hundredths (70.52') feet to the place of beginning. Said Easement contains 2,332 square feet more or less. EASEMENT 26 -E1 Beginning at a point on the common boundary between Lots 26 and 27 as shown on said Plan, said point being N 85 23' 33" W and a distance of forty -six and forty hundredths (46.40) feet from the intersection of the common boundary between Lots 26 and 27 and the westerly line of Greenleaf Drive; thence turning and running S 04 36' 27" W, a distance of fifteen and no one hundredths (15.00') to a point; thence turning and running N 85 23' 33" W, a distance of two hundred fifty -one and nine one hundredths. (251.09') feet to a point; thence turning and running N 17 07' 39" E, a distance of fifteen and thirty -seven one hundredths (15.37') feet to a point; thence turning and running 2 S 85 23' 33" E, 3 a distance of two hundred forty -seven and seventy -six one hundredths (247.76') feet to the place of beginning. Said Easement contains 3,741 square feet more or less. EASEMENT 27 -E1 Beginning at a point on the common boundary between Lots 26 and 27 as shown on said Plan, said point being N 85° 23' 33" W and a distance of forty -six and forty one hundredths (46.40') feet from the intersection e oof f GreenleafnD boundary Drive; between ce turning and running and the westerly line i g N 04 36' 27" E, a distance of fifteen and no one hundredths (15.00') feet to a point; thence turning and running N 85 23' 33" W, a distance of two hundred forty -four and forty -three one hundredths (244.43') feet to a point; thence turning and running S 17 07' 39" W, a distance of fifteen and thirty -seven one hundredths (15.37') feet to an iron pipe to be set on the common boundary of Lots 26, 27 and 27A; thence turning and running S 85 23' 33" E, a distance of two hundred forty -seven and seventy -six (247.76') feet to the place of beginning. Said Easement contains 3,691 square feet more or less. EASEMENT 27A -E Beginning at a point on the common boundary between Lots 27 and the e Easement she on said corner Plan; thence turning th En and running S 17 07' 39" W, a distance of thirty and seventy -four one hundredths (30.74') feet to a point; thence turning and running N 85 23' 33" W, a distance of ..sixty -six and sixty -seven one hundredths (66:67') feet to a point; thence turning and running N 04 36' 27" E, a distance of thirty and no one hundredths running N 70 35' 37" E, (30.00') feet to a point; thence turning and running S 85 23' 33" E, a distance of seventy -three and thirty -three one hundredths (73.33') feet to the place of beginning. Said Easement contains 2,100 square feet, more or less. EASEMENT 40 -E Beginning at an iron pipe to be set on the easterly curve of the Greenleaf Drive cul -de -sac as shown on said Plan, said pipe being the southwest corner of the Easement herein described, On a curve to the left, on a radius of eighty and no one hundredths (80.00') feet, a distance of fifteen and thirty one hundredths (15.30') feet on said curve to a point; thence turning and running N 70 35' 37" E, a distance of ninety -one and thirty -one one hundredths (91.31') feet to an iron pipe to be set on the westerly curve of the Whittier Street cul -de -sac; thence turning On a curve to the left, on a radius of sixty and no one hundredths (60.00') feet on said Whittier Street cul -de -sac, a distance of fifteen and four one hundredths (15.04') feet to an iron pipe to be set on said curve; thence turning and running S 70 35' 37" W, a distance of ninety -one and forty - three one hundredths (91.43') feet to the place of beginning. Said Easement contains 1,385 square feet more or less. EASEMENT 1 -E Beginning at an iron pipe to be set on the easterly curve of the Greenleaf Drive cul -de -sac as shown .on said Plan, said pipe being the northwest corner of the Easement herein described; thence turning and a distance of ninety -one and forty - three one hundredths (91.43') feet to 4 5 an iron pipe to be set on the westerly curve of the Whittier Street cul -de- sac; thence On a curve to the left on a radius of sixty and no one hundredths (60.00') feet, a distance of fifteen and fifty -five one hundredths (15.55') feet to a point on said curve; thence turning and running S 70 35' 37" W, a distance of ninety -five and thirty - four one hundredths (95.34') feet to a point on the curve of the Greenleaf Drive cul -de -sac as shown on said Plan; thence On a curve to the left, on a radius of eighty and no one hundredths (80.00'), a distance of fifteen and two one hundredths (15.02') to the place of beginning. Said Easement contains 1,392 square feet more or less. Easement 41 -E1 Beginning at point N 45° 54' 52" W and twenty -one and ninety -one one hundredths (21.91') feet from an iron pipe on the westerly curve of the Whittier Street cul -de -sac as shown on said Plan, said point being the southeast corner of the Easement herein described; thence turning and running S 44° 05' 08" W, a distance of thirty and no one hundredths (30.00') feet to a point; thence turning and running N 45° 54' 52" W, a distance of one hundred eighteen and fifty -nine one hundredths (118.59') feet to a point; thence turning and running N 00° 00' 00" W, a distance of forty -one and seventy -seven one hundredths (41.77') feet to a point; thence turning and running S 45° 54' 52" E, a distance of one hundred sixty -nine and sixty -one one hundredths (169.61') feet to a point; thence continuing on said course a distance of ,seventy -eight and four one hundredths (78.04') feet to the place of beginning. Said Easement contains 3,993 square feet more or less. Easement 32 -E2 Beginning at an iron pipe to be set at the common boundary of Lots 32, 32A, and 33 as shown on said Plan; thence turning and running S 63° 01' 26" E, a distance of one hundred eighty -five and no one hundredths (185.00') feet to an iron pipe to be set; thence turning and running S 25° 17' 52" E, a distance of one hundred twenty -seven and fifty one hundredths (127.50') feet to a _point; thence turning and running S 64° 42' 08" W, a distance of fifteen and no one hundredths (15.00') feet to a point; thence turning and running N 25° 17' 52" W, a distance of one hundred twenty -two and thirty -eight one hundredths (122.38') feet to a point; thence turning and running N 63° 01' 26" W, a distance of one hundred fifty -five and seventy one hundredths (155.70') feet to a point; thence turning and running S 85 53' 54" W, a distance of seventeen and seventy -six one hundredths (17.76') feet to a point; thence turning and running N 06° 38' 27" E, a distance of twenty -five and seventy -eight one hundredths (25.78') feet to the place of beginning. Said Easement contains 4,655 square feet more or less. Easement 33 - Beginning at an iron pipe to be set at the common boundary of Lots 32, 32A, and 33 as shown on said Plan; thence turning and running S 63° 01' 26" E, a distance of one hundred eighty -five and no one hundredths (185.00') feet to an iron pipe to be set;, thence turning and running S 25° 17' 52" E, a distance of one hundred twenty -seven and fifty one hundredths (127.50') feet to a point; thence turning and running 6 N 64° 42' 08" E, a distance of fifteen and no one hundredths (15.00') feet to a point; thence turning and running N 25° 17' 52" W, a distance of one hundred thirty -two and sixty -three one hundredths (132.63') feet to a point; thence turning and running N 63° 01' 26" W, a distance of one hundred seventy -four and thirty one hundredths (174.30') feet to a point; thence turning and running S 85° 53' 54" W, a distance of twenty -nine and six one hundredths (29.06') feet to a point; thence turning and running S 63 01' 26" E, a distance of nine and six one hundredths (9.06') feet to the place of beginning. Said Easement contains 4,713 square feet more or less. Easement 32A -E Beginning at an iron pipe to be set at the common boundary of Lots 32, 32A and 33, as shown on said Plan; thence turning and running S 06° 38' 27" W, a distance of twenty -five and seventy -eight one hundredths (25.78') feet to a point; thence turning and running S 85 53' 54" W, a distance of twenty -three and fifty -one (23.51') feet to a point; thence turning and running N 04° 04' 06" W, a distance of thirty and no one hundredths (30.00') feet to a point; thence turning and running N 85° 53' 54" E, a distance of twenty and fifty -six one hundredths (20.56') feet to a point; thence turning and running S 63° 01' 26" E, a distance of nine and six one hundredths (9.06') feet to the place of beginning. Said Easement contains 770 square feet more or less. 7 Easement 40 -E1 Beginning at an iron pipe to be set at the common boundary of Lots 39, 39A and 40, as shown on said Plan; said pipe being the southwest corner of the Easement herein described; thence turning and running N 13° 50' 21" E, a distance of thirty and no one hundredths (30.00') feet to a point; thence turning and running S 76° 12' 17" E, a distance of two hundred fifty -eight and thirty -five one hundredths (258.35') feet to a point; thence turning and running S 45° 54' 52." E, a distance of thirty -nine and ninety one hundredths (39.90') feet to a point; thence turning and running S 00 00' 00" E, a distance of forty -one and seventy -seven one hundredths (41.77'); feet to a point; thence turning and running N 45° 54' 52" W, a distance of sixty and eighty -four one hundredths (60.84') feet to a point; thence turning and running N 76° 12' 17" W, a distance of two - hundred fifty and twenty - five one hundredths (250.25') feet to the place of beginning. Said Easement contains 9,140 square feet more or less. Easement 39A -E Beginning at an iron pipe to be set at the common boundary of Lots 39, 39A and 40, as shown on said Plan; said pipe being the southeast corner of the Easement herein described; thence turning and running N 76 12' 17" W, a distance of twenty -five and one hundredths (25.00') feet to a point; thence turning and running N 40° 58' 37" W, a distance of sixty -eight and forty one hundredths (68,.40') feet to a point; thence turning and running N 49° 01' 23" E, a distance of thirty and no one hundredths (30.00') feet to a point; thence turning and 8 running S 40° 58' 37" E, a distance of fifty -eight and eighty -eight one hundredths (58.88') feet to a point; thence turning and running S 76° 12' 17" E, a distance of fifteen and fifty one hundredths (15.50') feet to a point; thence turning and running S 13° 50' 21" W, a distance of thirty and no one hundredths (30.00') feet to the place of beginning. Said Easement contains 2,517 square feet more or less. Detention Area C, Parcel 27A Beginning at an iron pipe to be set at the northerly most corner of Detention Area C, Parcel 27A herein described and as shown on said Plan; thence turning and running S 74° 16' 32" E, a distance of one hundred fifty and sixty one hundredths (150.60') feet to an iron pipe to be set; thence turning and running S 17° 07' 39" W, a distance of two hundred thirty and forty one hundredths (230.40') feet to a iron pipe to be set; thence turning and running N 75° 15' 15" W, a distance of one hundred seventy -eight and nine one hundredths (178.09') feet to an iron pipe to be set; thence turning and running N 23° 47' 58" E, a distance of two hundred thirty -five and seventy -one one hundredths (235.71') feet to the place of beginning. Said Detention Area contains 38,072 square feet more or less. Detention Area B, Parcel 32A Beginning at an iron pipe to be set at the common boundary of Lots 32, 32A and 33 as shown on said Plan, said iron pipe being the northeasterly corner of Detention Area B herein described; thence turning and running S 06° 38' 27" W a distance of one hundred seventy -six and seventy -one one hundredths (176.71') feet to an iron pipe to be set; thence turning and running 9 S 56 °.. 49' 53" E, a distance of fifty -five and no one hundredths (55.00') feet to an iron pipe to be set; thence turning and running S 14° 48' 34" W, a distance of eighty -five and no one hundredths (85.00') feet to an iron pipe to be set; thence turning and running S 78° 00' 27" W, a distance of two hundred seventy -six and no one hundredths (276.00') feet more or less to the center line of the Parsons Brook; thence on the center line of the Parsons Brook a distance of seven hundred eleven and no one hundredths (711.00') feet more or less to a point on the center line of Parsons Book; thence turning and running S 63° 01' 26" E, a distance of twenty and no one hundredths (20.00') feet more or less to an iron pipe to be set; thence along same last said direction, a distance of ninety -three and seventeen one hundredths;(93.17') feet to an iron pipe to be set; thence along said last direction, a distance of sixty -five and no one hundredths (65.00') feet to the place of beginning. Said Detention Area contains 2.51 acres more or less. Detention Area A, Parcel 39A Beginning at an iron pipe to be set at the common boundary of Lots 39, 39A and 40 as shown on said Plan, said iron pipe being the southeast corner of Detention Area A herein described; thence turning and running N 76° 12' 17" W, a distance of two hundred and no one hundredths (200.00') feet to an iron pipe to be set; thence turning and running N 09 15' 26" W, a distance of two hundred ten and no one hundredths (210.00') feet to an iron pipe to be set; thence turning and running N 80° 44' 34" E, a distance of two hundred seventy -five and no one hundredths (275.00') feet to an iron pipe to be set;, thence turning and running S 09° 15' 26" E, a distance of seventy -five and no one hundredths (75.00') feet to an iron pipe to be set; thence turning and running 10 S 13° -50' 21 W,' -a distance of two hundred thirty -one and ninety one hundredths (231.90') feet to the place of beginning. Said Detention Area contains 1.432 acres more or less. SUBJECT TO the appurtenant right of the City of Northampton, Massachusetts to discharge storm water through easements conveyed from the Grantor herein and recorded simultaneously herewith. Said rights shall include the discharge of stoim water from: Easement 32 -E1 and Easement 33 -E1 through Easement 32 -E2 and Easement 33 -E2 respectively and through Easement 32A -E to Detention Area A (Parcel 32A); and Easement 41 -E2 through Easement 41 -El, Easement 40 -E1 and Easement 39A -E to Detention Area B (Parcel 39A); and Easement 26 -E3 and Easement 27 -E2 through Easement 26 -E1 and Easement 27 -E1 respectively and through Easement 27A -E to Detention Area C (Parcel 27A) as more specifically shown on the Plan recorded as aforesaid. The pipeline water mains and structures contained therein shall remain the property of the Grantee herein. Being portions of the premises conveyed to the Grantor herein by deeds of John T. Zawacki, III, recorded in the Hampshire County Registry of Deeds in Book 3274, Page 229 and Book 3454, Page 347 and a portion of the premises conveyed to the Grantor by deed of Theodore D. Towne and Evelyn M. Towne, dated and recorded April 11, 1989 in the aforesaid Registry in Book 3358, Page 89. Executed as a sealed instrument this 4th day of May, 1990. INVESTMENT PARTNERS, INC. By: Pat•ick M. Goggins, President and Treasurer THE COMMONWEALTH OF MASSACHUSETTS Hampshire, SS. May 4, 1990 Then personally appeared the above named Pa rick M. Goggins, President and Treasurer of Investment Pa -.s, Inc. and acknowledged the foregoing to be the free act .. • ' + of Investment Partners, Inc. before me, 00032070 11111111,11 ' My Commission "xpires: 04/06/95 NORMAN C. MI ry Public KNOW ALL MEN BY THESE PRESENTS O N. 25 17' 52" W., EASEMENT and COVENANTS. . 1 iAT I kit �n 3 THAT INVESTMENT PARTNERS, INC., a Mass Corporation with • a usual place of business at 1380 Main Stteet, Springfield, Hampden y County, Massachusetts, (hereinafter called the "Grantor" or the • "Developer ") for consideration paid, grants to the CITY OF NORTHAMPTON, MASSACHUSETTS, a municipal corporation and body politic • duly organized under the laws of the Commonwealth of Massachusetts, • its successors, assigns and agents (hereinafter called the • "Grantee "); 0 with warranty covenants the right of easement to lay, construct, reconstruct, .maintain, patrol, operate, repair and remove sewer pipe and structures, water o pipes, water mains and drainage structures and other utility and z Grvice lines as may be required, through, over, and under the �•:..lawing described real estate: ro x That land in Northampton, Hampshire County, Massachusetts being shown and designated on a Plan entitled "Definitive Subdivision of ,.y Land in Northampton, Massachusetts prepared for Investment Partners, x Inc." prepared by Almer Huntley, Jr. & Associates, Inc. dated m • September 13, 1989 and signed on April 6, 1990 by Registered Land Surveyor Paul R. Lussier and recor 51 /in the Ham shire County Registry of Deeds in Plan Book an , Page more o particularly described as follows: y o EASEMENT 32 -El Beginning at an iron pipe to be set at the intersection of the • Hawthorne Terrace cul -de -sac and the common boundary of Lots 32 and a. 0 33, said pipe being the southeast corner of Lot 32 and the southwest as corner of Lot 33, as shown as said Plan; thence turning and On a curve to the left, on a radius of eighty and no one hundredths (80.00') feet on a curve to the left on said cul -de -sac, a distance of sixteen and seventy -four one hundredth's (16.74') feet to a point; thence turning and running a distance of fifty seven and thirty - six one hundredths (57.36') feet to a point; then turning and running • N. 64 42' 08" E., S. 25 17' 52" E. N. 25 17' 52" W., a distance of fifteen and no one hundredths (15.00') feet to a point on the common boundary of said Lots 32 and 33; thence turning and running a distance of fifty and no one hundredths (50.00') feet to the place of beginning. Said Easement contains 800 square feet, more or less. EASEMENT 33 - E1 Beginning at an iron pipe to be set at the intersection of the Hawthorne Terrace cul -de -sac, and the common boundary of Lots 32 and 33, said pipe being the southeast corner of Lot 32 and the southwest corner of Lot 33, as shown as said Plan; thence turning and running along the common boundary of Lot 32 and Lot 33 a distance of fifty and no one hundredths (50.00') feet to a point; then turning and running N. 64 42' 08" E., a distance of fifteen and no one hundredths (15.00') feet to a point; thence turning and running S. 25 17' 52" E., a distance of forty -six and nine one hundredths (46.09') feet to a point; thence turning and running On a curve to the left, on a radius of eighty and no one hundredths (80.00') feet on said cul- de -sac, a distance of fifteen and fifty -three one hundredths 115.53') feet to the place of beginning. Said Easement contains seven hundred seventeen (717') square feet, more or less. EASEMENT 41 -E2 - Beginning an at iron pipe located on the northwest curve of the Whittier Street cul -de -sac, said pipe being the southeasterly corner of the easement shown on said Plan and hereinafter described; thence turning and running On a curve to the left, on a radius of sixty and no one hundredths (60.00') feet, a distance of thirty -one and forty -two one hundredths (31.42') feet to a point on said curve; thence turning and running N. 45 54' 52" W., a distance of thirty and no one hundredths (30.00') feet to a point; thence turning and running N. 44 05' 08" E., a distance of thirty and no one hundredths (30.00') feet to a point; thence turning and running S. 45 54' 52" E., a distance of twenty -one and ninety -six one hundredths (21.96') feet to the place of beginning. Said Easement contains seven hundred thirty -seven (737) square fast, more or less. EASEMENT 26 -E3 Beginning at an iron pipe to be set at the intersection of the westerly line of Greenleaf Drive and the common boundary of Lots 26 and 27, said pipe being the northeasterly corner of Lot 26 and the southeasterly corner of Lot 27, as shown on said Plan; thence turning and running S. 25 13' 00" E., along said Greenleaf Drive a distance of seventeen and twenty -nine one hundredths (17.29') feet to a point; thence turning and running N. 85 23' 33" W., a distance of fifty -five and__no one hundredths (55.00') feet to a point; thence turning and running N. 04 36' 27" E., a distance of fifteen and no one hundredths (15.00') feet to a point on the commoi boundary between Lots 26 and 27; thence turning and running along said common boundary S. 85 23' 33" E., a distance of forty -six and forty one hundredths (46.40') feet to the place of beginning. Said Easement contains seven hundred sixty -one (761') square feet, more or less. 3 EASEMENT 27 -E2 Beginning at an iron pipe to be set at the intersection of the westerly line of Greenleaf Drive and the common boundary of Lots 26 and 27, said pipe being the northeasterly corner of Lot 26 and the southeasterly corner of Lot 27, as shown on said Plan; thence turning and running N. 85 23' 33" W., along the common boundary between Lots 26 and 27 a distance of forty -six and forty one hundredths (46.40') feet to a point; thence turning and running N. 04 36' 27 "' E., a distance of fifteen and no one hundredths (15.00') feet to a point; thence turning and running S. 85 23' 33" E., a distance of thirty - seven and eighty one hundredths (37.80') feet to a point on the westerly line of Greenleaf Drive; thence turning and running t S. 25 13' 00" E., a distance of seventeen and twenty -nine one hundredths (17.29') feet to the place of beginning. Said Easement contains six hundred thirty -two (632') square feet, more or less. EASEMENT 9 - E Beginning on an iron pipe to be set on the common boundary betw Lots 9 and 10 and the intersection thereof with the easterly line of the Longfellow Drive cul -de -sac as shown on said Plan; thence On a curve to the left on a radius of eighty and no one hundredths (80.00'), feet, a_ _distance of fifteen and seventy -seven one hundredths (15.77') feet to a point on said curve; thence turning and running S. 64° 25' 17" E., a distance of one hundred seventy -eight and twenty -two one hundredths (178.22') feet to an iron pipe to be set; thence turning and running 4 25° 34' 43 "_W., N. 64° 25' 17" E., Said Easement contains EASEMENT 10 -E Beginning on an between Lots 9 and 10 line of the Longfellow turning and running S. 64° 25' 17" E., S. 25 34' 43" W., N 60 48' 27" W., 'N. 64° 25' 17" W., On a curve to the left a distance of thirteen and fifty -eight one hundredths (13.58') feet to an iron pipe to be set; thence turning and running along the common boundary between Lots 9 and 10 a distance of one hundred seventy and twenty -five one hundredths (170.25') feet to the place of beginning. 2,362 square feet, more or less. iron pipe to be set on the common boundary and the intersection thereof with the easterly Drive cul -de -sac as shown on said Plan; thence a distance of one hundred seventh and twenty -five one hundredths (170.25') feet to an iron pipe to be set; thence turning and running" a distance of sixteen and forty -eight one hundredths (16.48') feet to a point; thence turning and running a distance of ninety -five one hundredths (0.95') feet to a point; thence turning and running a distance of one hundred sixty- three . and seventy -nine (163.79') feet to a point; thence on a radius hundredths (80.00') seventeen and hundredths (17.36') of beginning. of eighty and __.no_ one feet, a distance of thirty -six one feet to the place Said Easement contains 2,745 square feet, more or less. TOGETHER WITH the appurtenant right of the Grantee herein to discharge storm water through easements to be conveyed from the Grantor to the Parsons Brook Homeowners Association. Said rights shall include the discharge of storm water from: Easement 32 -E1 and Easement 33 -E1 through Easement 32 -E2 and Easement 33 -E2 respectively and through Easement 32A -E to 5 Easemen - 32 -E1 and Easement 33- E1/ Easement 32 -E2 and Easement 33_.2 respectively and thr h Easement 32A -E to Detention Area A (Parcel 32A); and Easement 41 -E2 through Easement 41 -El, Easement 40 -E1 and Easement 39A -E to Detention Area B (Parcel 39A); and • Easement 26 -E3 and Easement 27 -E2 through Easement 26 -E1 and Easement 27 -E1 respectively and through Easement 27A -E to Detention Area C (Parcel 27A) as more specifically shown on the Plan recorded as aforesaid. The pipeline water mains and structures contained therein shall remain the property of the Grantor herein and its successors and assigns. Being portions of the premises conveyed to the Grantor herein by deeds of John T. Zawacki, III, recorded in the Hampshire County Registry of Deeds in Book 3274, Page 229 and Book 3454, Page 347 and a portion of the premises conveyed to the Grantor by deed of Theodore D. Towne and Evelyn M. Towne, dated and recorded April 11, 1989 in the aforesaid Registry in Book 3358, Page 89. Executed as a sealed instrument this 4th day of May, .1990. INVESTMENT PARTNERS, INC. 00032087 By: Patrick M. Treasurer THE COMMONWEALTH'OF MASSACHUSETTS Hampshire, SS. Then personally appeared the above named President and Treasurer of Investment Pa acknowledged the foregoing to be the free act Partners, Inc. before me, NO' . MI My Commission 6 Goggins, President and May 4, 1990 -rick M. Goggins, ers, Inc .- - =- and eed.of Investment otary Public : 04 06/95 for NO MONETARY CONSIDERATION PAID, particularly described as follows: Q U I T C L A I M D E E D (SEE ANNEX "A" ATTACHED HERETO AND MADE A PART HEREOF) 16952.0003 KNOWN ALL MEN BY THESE PRESENTS, THAT, INVESTMENT PARTNERS, INC., ( "Grantor ") a Corporation duly organized and existing under the laws of Massachusetts, with a principal place of business at 1380 Main Street, Springfield, Hampden County, Massachusetts grin tg„ THE CITY OF NORTHAMPTON, MASSACHUSETTS, a municipal w m " coSpg and body politic duly organized under the laws of the M Cammo ealth of Massachusetts, its successors, assigns and agents, (wdrante&! ; , u1 on /...1.. ¢ c with QUITCLAIM COVENANTS The land in Northampton, Hampshire County, Massachusetts, more Executed as a sealed instrument this day of November, 1992. Lot: 3 Lot: Lot: 24' Lot: Lot: V3 Dated: t t /zfi /9 z. sEtb Lot: 'Z? Dated: Lt/LP/1 2 Lot: 3 t Dated: t t /ZS 4L ( skt Dated: t1/2 - 7Az Dated: u /27 /y z Dated: tt /2-02- Lot: Dated: i ' li ( .A 1%)/ A I CLASS A MEMBERS Lot: V / 'Z7 t. /I Lot: 23 Lot: 74. Lot: 4. Dated: Lot: 4 Dated: # d(e auele ak-64 Dated: 14)47 Dated: \47_ Lot: Dated: Dated: Lot: 1 1, Dated: 1 �Vz_ Dated:/2 /7� ) HAMPDEN, SS. CLASS B MEMBER COMMONWEALTH OF MASSACHUSETTS Then personally appeared the above named David A. Shrair, President and Treasurer of Investment Partners, Inc. and acknowledged the foregoing instrument to be his free act an deed of the Corporation, before me, INVESTMENT PARTNERS, INC. Bv: A. Shrair It= President and Treasurer November J , 1992 and the free act and `\ Notary Pub is pires My Commiss3ion NORMAN C. MICHAELS, Notary Public My Commission Expires April 6, 1995 LONGFELLOW DRIVE N 32° 03' 27" E, on curve to the left, S 30° 38' 01" E, on a curve to the left, on a curve to the left, on a curve to the right, on a curve to the left, on a curve to the right, ANNEX "A" 16952.0003 The land in Northampton, Hampshire County, Massachusetts, being shown and designated as Longfellow Drive on a Plan entitled "The Commonwealth of Massachusetts Street Acceptance Plan of Longfellow Drive Prepared for the City of Northampton, Hampshire County" prepared by Almer Huntley, Jr. & Associates, Inc., dated December 6, 1991 and signed on June 19, 1992 by Registered Land surveyor, David T. Huntley and recorded in the Hampshire County Registry of Deeds in Plan Book , Pages , more particularly described as follows: Beginning at a point in the Northampton Coordinate System, said point being N:5568.456 and E:15069.276, said point being the intersection of Greenleaf Drive and Longfellow Drive as shown on said Plan and marked by a concrete bound; thence turning and running; a distance of 120.00 feet to a concrete bound; thence turning on a radius of 30.00 feet, an arc distance of 47.12 feet to a concrete bound; thence turning and running S 57° 56' 33" E, a distance of 57.78 feet to a concrete bound; thence turning on a curve to the right, on a radius of 300.00 feet, an arc distance of 142.99 feet to a concrete bound; thence turning and running a distance of 164.06 feet to a concrete bound; thence turning on a radius of 240.00 feet, an arc distance of 180.05 feet to a concrete bound; thence turning on a radius of 30.00 feet, an arc distance of 36.03 feet to a concrete bound; thence turning on a radius of 80.00 feet, an arc distance of 408.77 feet to a concrete bound; thence turning on a radius of 30.00 feet, an arc distance of 25.40 feet to a concrete bound; thence turning on a radius of 300.00 feet, an arc distance of 248.92 feet to a concrete bound; thence turning and running N 30° 38' 01" W, on a curve to the left, S 32° 03' 27" W, on curve to the left, a distance of 164.06 feet to a concrete bound; thence turning on a curve to the left, on a radius of 240.00 feet, an arc distance of 114.39 feet to a concrete bound; thence turning and running N 57° 56' 33" W, a distance of 57.78 feet to a concrete bound; thence turning on a radius of 30.00 feet, an arc distance of 47.12 feet to the concrete bound at the place of beginning. Subject to easement to New England Telephone & Telegraph Company recorded in Hampshire County Registry of Deeds in Book 3648, Page 177. Subject to easement to Continental Cablevision of Western New England, Inc. recorded in Hampshire County Registry of Deeds in Book 3648, Page 181 and Book 3648, Page 185. Subject to easement to Massachusetts Electric Company recorded in Hampshire County Registry of Deeds in Book 3636, Page 72. Being Longfellow Drive, a portion of the premises conveyed to the Grantor herein by Deed of Investment Partners, Inc. dated May 4, 1990 and recorded in the Hampshire County Registry of Deeds in Book 3558, Page 328. HAWTHORNE TERRACE The land in Northampton, Hampshire County, Massachusetts, being shown and designated as Hawthorne Terrace on a Plan entitled "The Commonwealth of Massachusetts Street Acceptance Plan of Longfellow Drive Prepared for the City of Northampton, Hampshire County" prepared by Almer Huntley, Jr. & Associates, Inc., dated December 6, 1991 and signed on June 19, 1992 by Registered Land surveyor, David T. Huntley and recorded in the Hampshire County Registry of Deeds in Plan Book , Pages , more particularly described as follows: Beginning at a point in the Northampton Coordinate System said point being N:5702.004 and E:15082.118, said point being the intersection of Greenleaf Drive and Longfellow Drive as shown on said Plan and marked by a concrete bound; thence turning and running a distance of 120.00 feet to a concrete bound; thence turning on a radius of 30.00 feet, an arc distance of 47.12 feet to a concrete bound; thence turning and running on a curve to the left, on a curve to the right, on a curve to the left, on a radius of 30.00 feet, an arc distance of 29.82 feet to a concrete bound; thence turning on a radius of 80.00 feet, an arc distance of 410.34 feet to a concrete bound; thence turning on a radius of 30.00 feet, an arc distance of 29.82 feet to a concrete bound; thence turning and running S 57° 56' 33" E, a distance of 161.73 feet to a concrete bound; thence turning on a curve to the left, on a radius of 30.00 feet, an arc distance of 47.12 feet to the concrete bound at the place of beginning. Subject to easement to New England Telephone & Telegraph Company recorded in Hampshire County Registry of Deeds in Book 3648, Page 177. Subject to easement to Continental Cablevision of Western New England, Inc. recorded in Hampshire County Registry of Deeds in Book 3648, Page 181 and Book 3648, Page 185. Subject to easement to Massachusetts Electric Company recorded in Hampshire County Registry of Deeds in Book 3636, Page 72. Being Hawthorne Terrace, a portion of the premises conveyed to the Grantor herein by Deed of Investment Partners, Inc. dated May 4, 1990 and recorded in the Hampshire County Registry of Deeds in Book 3558, Page 328. GREENLEAF DRIVE The land in Northampton, Hampshire County, Massachusetts, being shown and designated as Greenleaf Drive on a Plan entitled "The Commonwealth of Massachusetts Street Acceptance Plan of Longfellow Drive Prepared for the City of Northampton, Hampshire County" prepared by Almer Huntley, Jr. & Associates, Inc., dated December 6, 1991 and signed on June 19, 1992 by Registered Land surveyor, David T. Huntley and recorded in the Hampshire County Registry of Deeds in Plan Book , Pages , more particularly described as follows: Beginning at a point in the Northampton Coordinate System said point being N :4273.034 and E:15290.258, said point being the intersection of Greenleaf Drive and Park Hill Road as shown on said Plan and marked by a concrete bound; thence turning; on a curve to the left, N 27° 45' 06" W, on curve to the left, on a curve to the right, on a curve to the left, N 25° 13' 00" W, on a curve to the right, on a curve to the right, on a curve to the left, on a curve to the right, on a curve to the left, on a curve to the left, S 32° 03' 27" W, on a curve to the left, on a radius of 30.00 feet, an arc distance of 47.12 feet to a concrete bound; thence turning and running a distance of 40.00 feet to a concrete bound; thence turning on a radius of 470.00 feet, an arc distance of 224.03 feet to a concrete bound; thence turning on a radius of 300.00 feet a distance of 361.25 feet to a concrete bound; thence turning on a radius of 240.00 feet, an arc distance of 163.98 feet to a concrete bound; thence turning and running a distance of 202.67 feet to a concrete bound; thence turning on a radius of 300.00 feet, an arc distance of 299.89 feet to a concrete bound; thence turning and running N 32° 03' 27" E, a distance of 321.10 feet to a concrete bound; thence turning on a radius of 1230.00 feet, an arc distance of 572.35 feet to a concrete bound; thence turning on a radius of 30.00 feet, an arc distance of 28.71 feet to a concrete bound; thence turning on a radius of 80.00 feet, an arc distance of 410.27 feet to a concrete bound; thence turning on a radius of 30.00 feet, an arc distance of 31.01 feet to a concrete bound; thence turning on a radius of 1170.00 feet, an arc distance of 539.93 feet to a concrete bound; thence turning and running a distance of 321.10 feet to a concrete bound; thence turning on a radius of 240.00 feet, an arc distance of 239.91 feet to a concrete bound; thence turning and running S 25° 13' 00" E, a distance of 202.67 feet to a concrete bound; thence turning DEED A. LOWELL WATSON, II and CYNTHIA J. WATSON both of Boothbay Harbor, Maine being married, for consideration paid, and in full consideration of One ($1.00) Dollar grants to The CITY OF NORTHAMPTON, a Municipal Corporation organized under the laws of The Commonwealth of Massachusetts, having its usual place of business at 210 Main Street, City Hall, Northampton, MA With QUITCLAIM COVENANTS A certain parcel of land in Northampton, Hampshire County, Massachusetts, shown as Rustlewood Ridge, as shown on a plan entitled, "The Commonwealth of Massachusetts Street Acceptance Plan of Rustlewood Ridge in the City of Northampton, Hampshire County, dated July 31, 1992, as amended, Prepared by Heritage Surveys, Inc., College Highway, Southampton, Massachusetts ", to be recorded herewith in the Hampshire County Registry of Deeds and to which reference shall be made for a more definitive description, said parcel being bounded and described as follows: Beginning at a point on the westerly sideline of Morningside Drive, being N 13 22' 05" W, 116.24 feet from an iron pipe at the southwest corner of land now or formerly of Kenneth E. & Pauline B. Fearn, and running thence; N 13 22' 05" W, along land now or formerly of Kenneth E. & Pauline B. Fearn, 8.63 feet to the center of an 18" oak tree, thence; Northwesterly on a curve to the left, having a radius of 240.00 feet, along land now or formerly of Cynthia J. Watson, 100.86 feet to a concrete bound, thence; Northerly on a curve to the right, having a radius of 300.00 feet, along last named land, 218.19 feet to a concrete bound, thence; N 04 13' 27" E, along last named land, 275.08 feet to a concrete bound, thence; Easterly, southerly and westerly on a curve to the right, having a radius of 60.00 feet, along last named land, 267.58 feet to a concrete bound, thence; Southwesterly on last named land, S 04 13' 27" W, thence; a curve to the left, having a radius of 20.00 feet, along 26.36 feet to a concrete bound, thence; along last named land, 197.62 feet to a concrete bound, Southerly on a curve to the left, having a radius of 240.00 feet, along last named land, 174.55 feet to a concrete bound, thence; Southeasterly on a curve to the right, having a radius of 300.00 feet, along last named land, 126.08 feet to a concrete bound, thence; S 13 22' 05" E, along land now or formerly of Charles W. & Elizabeth Q. Holt, 8.63 feet to a point, thence PROPERTY ADDRESS: Middlesex ss. ° S 76 37' 55" W, along the northerly end of Morningside Drive, 60.00 feet to the point of beginning. Containing an area of 1.014 acres more or less. Said premises are conveyed subject to and with the benefit of easements, restrictions and agreements of record, if any there be, insofar as the same are now in force and applicable. For title see deed recorded in the Hampshire County Registry of Deeds in Book 2696, Page 235. WI7ESS our ,.ands and seals this 22nd ( day o October 1992 l_ c. �� Cynt Watson My commission expires: Rustlewood Ridge, Northampton, MA 01060 otar 7- blic COMMONWEALTH OF MASSACHUSETTS October 22, 1992 CHARLES G. KADISON, JR. Notary Public Commonwealth of Massachusetts My Commission Expires: August 15,1997 Then personally appeared the above named A. Lowell Watson, II and Cynthia J. Watson and acknowledged the ore.oing instrument to be their free act and deed, before me on a curve to the right, on a curve to the left, on a curve to the right, S 27° 45' 06" on a curve to the left, S 66° 34' 41" S 62° 14' 54" W 00081681 on a radius of 300.00 distance of 204.98 feet bound; thence turning on a radius of 240.00 distance of 289.00 feet bound; thence turning feet, an arc to a concrete feet, an arc to a concrete on a radius of 530.00 feet, an arc distance of 252.63 feet to a concrete bound; thence turning and running E a distance of 44.38 feet to a concrete bound; thence turning on a radius of 30.00 feet, an arc distance of 44.86 feet to a concrete bound at the intersection of said Greenleaf Drive and Park Hill Road; thence turning and running W a distance of 56.90 feet to a point; thence turning and running a distance of 61.00 feet to the concrete bound at the place of beginning. Subject to easement to New England Telephone & Telegraph Company recorded in Hampshire County Registry of Deeds in Book 3648, Page 177. Subject to easement to Continental Cablevision of Western New England, Inc. recorded in Hampshire County Registry of Deeds in Book 3648, Page 181 and Book 3648, Page 185. Subject to easement to Massachusetts Electric Company recorded in Hampshire County Registry of Deeds in Book 3636, Page 72. Being Longfellow Drive, a portion of the premises conveyed to the Grantor herein by Deed of Investment Partners, Inc. dated May 4, 1990 and recorded in the Hampshire County Registry of Deeds in Book 3558, Page 328. tipr, MAgCVTENANT' The undersigned Investmeh Partners,, '_.,Inc . , hereinafter called the " Covenantor 'qu''having • submitted to the Northampton Planning Board the Definitive Plan of a Subdivision, Parsons Brook, Northampton, Massachusetts dated September 13, 1989 and revised April 6, 1990; More fully described as a "Definitive Subdivision of Land in Northampton, Massachusetts prepared for Investment Partners, Inc. by Almer Huntley Jr., & Associates, Inc. of Northampton, Massachusetts" recorded May 10, 1990 in the Hampshire County Registry of Deeds in Plan Book ) , Page 7t1O, does hereby covenant and agree with said Planning Board and the successors in office of said Board, pursuant to General Laws (Tercenterary Editions), Chapter 41, Section 81U, as amended, that: 1. The Covenantors are the owners of record of the 1 premises shown on said plan; v P-4 . 2. This covenant shall run with the land from Lots 1 through 43 and be binding upon the executors, administrators, heirs, assigns of the covenantor, and their successors in title to the premises shown on said plan; including the Parsons Brook Homeowners Association. 3. The construction of ways and the installation of municipal services shall be provided to serve any lot in accordance with the applicable Rules and Regulations of said Planning Board before such lot may be built upon or conveyed, other than by mortgage deed; provided that 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 any such lot, subject only to that portion of this Covenant which provides that no lot so sold shall be built upon until such ways and services have been provided to serve such lot; 4. Nothing herein shall be deemed to prohibit a conveyance subject to this covenant by a single deed of the entire parcel of land shown on the subdivision plan or of all lots'not previously released by the Planning Board without first providing such ways and services; 5. This covenant shall take effect upon the approval of said plan; 6. Reference to this covenant shall be entered upon said plan and this covenant shall be recorded when said plan is recorded. Executed as a sealed instrument this 4th day of May, 1990. 00032138 Investment Partners, Inc. Pat i.ck M. Goggins, President and Tre surer THE COMMONWEALTH OF MASSACHUSETTS Hampshire, SS. May 4, 1990 Then personally appeared the above na ed Patrick M. Goggins, President and Treasurer of I el ment Partners, Inc. and acknowledged the foregoing . the free act and deed of Investment Partners, Inc a , l NORMAN C. M HA 1 S, N.• . ry P ic My Commission \.E >pires: 426/-5